Loading...
09-05-00MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mazy Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 5, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: September 19, 2000 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10-00-1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) *scheduled from 7:00 p.m. Key To The City - ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes REGULAR CITY COMMISSION 1 AGENDA - September 5, 2004 August 1, 2000 - Regular City Commission Minutes August 15, 2000 - Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MICHAEL R. MALONE AND EDWARD J. FEENANE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROXANNE SCALIA AND WILSON OCASIO TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. 3/5 (Mayor Robaina) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; RE- APPOINTING BARBARA JEAN RASKIN, JENA STALY AND NANCY ELLEN TITUS TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARD AND COMMITTEES; RE- APPOINTING CHARLES PLUMMER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING ESTELi•A P. MICHELSON TO SERVE ON REGULAR CITY COMMISSION 2 AGENDA - September 5, 2000 THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING MARINA TREVISANI, LUCY WATKINS, MOLLY LAHIFF, ISHA SHANNON BROWN AND EILSA TAHANA JUAREZ TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING AND BROADCASTING OF PLANNING BOARD MEETINGS ON CABLE CHANNEL FIVE; PROVIDING AN EFFECTIVE DATE 3/5 (Vice Mayor Feliu /Comm. Wiscombe) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MARIA ELENA STOUT -TATE, AS EMPLOYEE REPRESENTATIVE TO THE PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $154,952.80 TO USA SOFTWARE, INC. FOR THE PURCHASE OF MOBILE DATA TERMINALS FOR THE POLICE DEPARTMENT. 3/5 (Vice Mayor Feliu) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL; DIRECTING THE CITY MANAGER TO INITIATE BY THE END OF DECEMBER 2000 STEPS TO ASSESS THE ADEQUACY OF SUPPORT STAFF AVAILABLE TO THE CITY'S DEPARTMENT HEADS; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Feliu) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S REGULAR CITY COMMISSION 3 AGENDA - September 5, 2000 FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $17,020.92 CHARGING $2,205.51 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; CHARGING $3,982.00 TO ACCOUNT NO. 1500- 514- 3435, REAL PROPERTY /FORECLOSURE; CHARGING $9,915.29 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $918.12 TO ACCOUNT NO. 608 -1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1999 -2000 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 2000, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000.00) FOR THE MICROFILMING OF PAPER RECORDS FOR THE PLANNING AND ZONING DEPARTMENT BY MICROFILM DEPOT ADVANCE IMAGING SOLUTIONS; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 01- 1620 - 524 -3480 ENTITLED "MICROFILMING "; AND, PROVIDING AN EFFECTIVE DATE. 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $79,999.00 FROM ACCOUNT NUMBER "001- 0000 - 132 -2050, "ADVANCE MURRAY PARK SAFE NEIGHBORHOOD GRANT" TO PLAZZA, INC., FOR THE DEMOLITION OF EXISTING TOT LOT, THE PURCHASE AND INSTALLATION ON OF STATE OF THE -ART TOT LOT AND FITNESS CENTER FOR MURRAY PARK. 3/5 (Commissioner Bethel) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF ELEVEN (11) NEWSRACK DEVICES BY NEW TIMES, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 19. A RESOLUTION OF THE MAYOR AAD CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, REGULAR CITY COMMISSION 4 AGENDA - September 5, 2000 AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI -DADE COUNTY FOR THE ACCEPTANCE OF THE YOUTH CRIME TASK FORCE GRANT IN THE AMOUNT OF $25,000 FOR THE PROVISION OF SOCIAL /CRIME PREVENTION SERVICES BEGINNING AUGUST 1, 2000 AND ENDING JULY 31, 2001. 3/5 (Vice Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED FIFTEEN THOUSAND ONE HUNDRED NINETY TWO DOLLARS AND FIFTY CENTS FOR THE PURCHASED IF A CANON MS 800 DIGITAL MICROFILM READER /PRINTER FOR THE PLANNING AND ZONING DEPARTMENT BY F.Y.I. IMAGES SYSTEMS SOLUTIONS GROUP FROM ACCOUNT NUMBER 01- 1620 - 524 -6430, ENTITLED EQUIPMENT OPERATING, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF- WAY; ABANDONING A PORTION OF THE RIGHT -OF -WAY AT S.W. 64" PLACE; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 1't Reading - August 15, 2000) 4/5 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSOLUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTHERN PORTION OF 5890 SW 69TH STREET; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. (1't Reading — August 15, 2000) 4/5 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE LTD, FOR CONSTRUCTION AND OPERATION OF A MULTI -USE PARKING GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1ST READING 2/15/00 - 2nd Reading deferred from July 18, 2000 and August 15, 2000) 4/5 Please note this item has been scheduled for an 8:15 p.m. time certain. RESOLUTIONS) /PUBLIC HEARING(S) REGULAR CITY COMMISSION 5 AGENDA - September 5, 2000 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REQUEST PURSUANT TO SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL APPROVAL TO LOCATE A GENERAL RESTAURANT "PADARETTE" IN THE "SR(HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE) 4/5 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTION 20 -7.5, 20 -7.9, 20 -7.11 AND 20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A FOUR - STORY MIXED USE DEVELOPMENT, LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF SW 73RD STREET, WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITIONS AND THE BUILDING DESIGN STANDARDS OF THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LANDSCAPING, AND TO ALLOW FOR ROOFTOP PARKING. (Deferred from July 18, 2000 AND August 15, 2000) 4/5 Please note this item has been scheduled for an 8:30 p.m. time certain. RESOLUTION (S) 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; REQUIRING PROPOSED LEGISLATION BE ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; PROHIBITING MORE THAN ONE SPONSOR; PROVIDING AN EFFECTIVE DATE.(Commissioner Russell) 3/5 28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STORMWATER UTILITY, NOTIFYING THE BOARD OF COUNTY COMMISSIONERS AND THE DIRECTOR OF MIAMI -DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT THAT THE CITY OF SOUTH MIAMI INTENDS TO EXERCISE IS OPTION TO BE EXEMPT FROM THE PROVISIONS OF THE MIAMI -DADE REGULAR CITY COMMISSION 6 AGENDA - September S, 2000 COUNTY STORMWATER UTILITY ORDINANCE, MIAMI -DADE COUNTY CODE 24 -61 ET SEQ., AND TO BE EXEMPT FROM THE JURISDICTION, PURVIEW, AND OPERATION OF THE MIAMI -DADE COUNTY STORMWATER UTILITY, IN ORDER TO ESTABLISH A STORMWATER UTILITY WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF SOUTH MIAMI, TO BE KNOWN AS THE "CITY OF SOUTH MIAMI STORMWATER UTILITY" IN FURTHERANCE OF THE PROVISIONS OF SECTION 403. 0893 (1) , (2) AND (3) FLORIDA STATUTES, AS AMENDED. 3/5 29. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE; GRANTING MR. DAVID WALKER ADDITIONAL LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Feliu) 30. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH M.C. HARRY & ASSOCIATES, INC., FOR AN AMOUNT OF THREE HUNDRED AND FORTY -ONE THOUSAND FIVE HUNDRED AND THIRTY FOUR DOLLARS; TO BE CHARGED TO ACCOUNT NUMBER 001 - 0000 - 131 -1410; AND PROVIDED THAT THE EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. (Mayor Robaina) 3/5 31. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PROPOSED MIAMI -DADE COUNTY CHARTER CHANGE QUESTION ON THE OCTOBER 3, 2000 BALLOT RESTRICTING THE RIGHTS OF NEW MUNICIPALITIES; URGING CITIZENS TO CAREFULLY REVIEW THIS CHARTER CHANGE AND TO VOTE NO THEREBY REJECTING THE CHARTER CHANGE; PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Russell) 3/5 32. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED AN ANNUAL PAYMENT OF THIRTY -ONE THOUSAND FOUR HUNDRED SEVENTY FOUR DOLLARS FOR A THREE YEAR LEASE PURCHASE OF CERTAIN HOLIDAY DECORATIONS FOR THE DOWNTOWN AREA AND AUTHORIZE DISBURSEMENT FROM ACCOUNT NO. 01- 2100 -519- 8310, ENTITLED NON- DEPARTMENTAL ACCOUNT -SEED MONEY AND, PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING REGULAR CITY COMMISSION 7 AGENDA - September 5, 2000 33. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SEC. 8A -5, ENTITLED "LOBBYISTS; REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE, BY CREATING PARAGRAPH (g), ENTITLED "PROHIBITION ON APPOINTMENT OF LOBBYIST TO BOARDS AND COMMITTEES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (deferred from 8/15/00) 3/5 (Comm. Wiscombe /Vice Mayor Feliu /Comm. Bethel) 34. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL; AMENDING CHAPTER 16A, OF THE CITY OF SOUTH MIAMI CODE, ENTITLED "PERSONNEL SYSTEM" IS AMENDED TO CREATE A NEW SECTION 16A -40, ENTITLED "EMPLOYMENT OF APPOINTEES TO BOARDS AND COMMITTEES PROHIBITED "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (deferred from 8/5/00) 3/5 (Comm. Bethel /Vice Mayor Feliu /Comm. Wiscombe) 35. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17 ENTITLED "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING DESIGNATED ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED " STORMWATER UTILITY" PROVIDING FOR THE CREATION OF A CITY OF SOUTH MIAMI STORMWATER UTILITY; PROVIDING FOR ITS ORGANIZATION AND GOVERNANCE, PROVIDING DEFINITIONS AND THE DETERMINATION AND COLLECTION OF FEES AND PROVIDING FOR THE IMPOSITION OF LATE CHARGES AND INTEREST AND OF LIENS THEREON; PROVIDING FOR FEE EXEMPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 36. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF- WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND ME TROMEDIA FIBER NETWORK SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 37. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF- REGULAR CITY COMMISSION 8 AGENDA - September 5, 2000 WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND TCG SOUTH FLORIDA TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF- WAY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. 11 PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TYSTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 9 AGENDA - September 5, 2000 ,ink `dal.. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 911/00 AGENDA ITEM # FROM: Charles D. Scurr f01 Comm. Mtg. 9/5/00 City Manager av, CRB REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MICHAEL R. MALONE AND EDWARD J. FEENANE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The Community Relations Board was re- established by Ordinance No. 11 -98- 1659 to foster mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs; age and ethnic groups in the City of South Miami. CONCLUSION Given the fact that this is a very active Board the Commission desires to appoint a full complement. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MICHAEL R. MALONE AND EDWARD J. FEENANE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Michael R. Malone and Edward J. Feenane to serve on the Community Relations Board. Section 2. The expiration date of those appointments shall expire September 5, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: C a '�t'`r►�v.�J � r c, 2c Leo ?'� olV,t'- .Ci'oA 2.D Lam] CITY 0F SOUTH AfIAMI BO.9RDICOMMITTEE,4PPLICAT10,Nr 6130 .Sunset Drive Phone No. 305 -663 -63.10 South Miami, FL 33143 Far No. 305 -1 663 -6348 /� 1. Name; /�l G� A S L - \ ,.4 •L d (Please print) 2. Home Address: J"7 , 4; � 7-G7 3. Business Address: ZG SS CF' 10,0 ,r'7 -C- /l /Z �•. �A,p�s!' 4. Home Phone No. -76 S. Lae- 2 S/.O Business Phone No. o5- Yu Z '- P2- 2 , 5. Education Background: �� • A Ac.o4-4,.4 Q eA A-, ;-e utiiu. �l I`J ?- oo 4 �u6La� n�6�1% • A • ^\-"o 00 v AJ, .P. A IGC.0 BOA ,PT _ TG C_iivru . c f ioA �•J /r'G / .C2F'iv� 6. Communit Service: 8. Are you a registered voter? Ye o S. Are you a resident of the City? Yes No I0. Do you have a business in the City? Yes ,ti o 11. Ethnic Origin? Anglo Atntrican—L/A,frican American ` Hispanic American_ Other Signature , /� Date THIS APPLICATION WILL RENIAIAi ON FILE FOR ONE YEAR Raised 112000 TO'd 8b£9099soc >i-JaLD "Z-440 VTC =60 00- 11-6nV MICHAEL R. MALONE 6741 SW 68th Terrace Miami, Florida 33143 -3137 (305) 662 -4130 mikelrm @aol.com WORK EXPERIENCE Senior Editor. EFE News Service, Inc. (USA). 1- 98- present. Supervise EFE's English Language Service headquarters in Miami. Oversee all office and personnel related matters. Conduct training sessions. Establish student intern program. Write and edit stories both in Spanish and English. Editor and Journalist. EFE News Service. 7/91 -10/94 and 3/96 -1/98. Edit translated copy of international news reports for Miami Bureau of world's largest Spanish - language news agency. Includes gavel -to -gavel federal court coverage of 7 -month trial of General Manuel Antonio Noriega. Free -lance Writer. Self- employed. 5 /90- present. Miami, FL. Journey Between Two Worlds: A Guatemalan Family (Lerner Publications, 1996 /Notable Children's Trade Book 1997*). Journey: A Nicaraguan Family (Lerner Publications, 1998). Magazine Articles: AMERICAS (OAS), SOUTH FLORIDA /TROPIC /HISPANIC/THE FAMILY/ NEW TIMES, FLORIDA INTL. UNIV. MAGAZINE et. al. Free -lance Journalist/Translator. Self- employed. 5/90- present. Miami, FL. Written and published with THE NEW YORK TIMES; EFE, THE NEWS AGENCY OF SPAIN; THE WASHINGTON POST, EL PAIS (Madrid, Spain), THE GUARDIAN (London, England) /U.S. INFORMATION AGENCY, THE MIAMI HERALD, EL NUEVO HERALD, INTERNATIONAL BUSINESS CHRONICLE, INSIDE MIAMI, SOUTH FLORIDA MAGAZINE, et. al. News "stringer" based in Miami with some travel. Adjunct Professor. Florida Intl. University. 8 /94- present. Miami, FL. Creative writing, composition, strategies and other writing courses. Free -lance Asst. Editor. Florida Intl. University. 8/96- present. University Publications. Asst. Editor for university wide publications and Latin American & Caribbean Center.. 2 M. Malone Assoc. Editor. Changes and Adolescent Magazines. 10/93 -1/94 Deerfield Beach, FL. Write articles and edit all copy for two national publication magazines (circulation circa 100,000) with Health Communications, Inc. Independent Translator. The Miami Herald. 8/87 -9/99 Daily news monitoring of Spanish - language TV and radio stations with translation for City Desk (local news). Professional Researcher. "FRONTLINE" WGPH and TOM MILLER (Phoenix, AZ) AND WENDY GIMBLE (New York, NY), authors. 2/91- Present Research and Interpret for PBS "Frontline" specials: "Castro and Cocaine" and "Castro: the Last Communist." Coordinate filming and interviewing in Miami for documentaries. EDUCATION 1997. M.F.A. (Candidate). FLORIDA INTL. UNIVERSITY, Miami, FL. Creative Writing. 1989. M.A. FLORIDA INTERNATIONAL UNIVERSITY, Miami, Fla. International Development/Latin American Studies). Thesis: Political Development in Argentina, Legacy of the Military Regime. 1985. M.A. MIDDLEBURY COLLEGE, Madrid, Spain. Spanish. 1981 B.A. FLORIDA STATE UNIVERSITY, Tallahassee, Fla. "Cum Laude." Spanish- major /French - minor. MEMBERSHIP American Society of Journalists and Authors (ASJA) Investigative Reporters and Editors (IRE) Amnesty International (AI) American Civil Liberties Union Sierra Club. LANGUAGE COMPETENCE Spanish - translating and interpreting skills. French — good Creole — limited knowledge. 3 M. Malone MILITARY SERVICE U.S. Coast Guard. 1974 -79. Honorable discharge. Electronics technician E -5. TRAVEL EXPERIENCE Spain — extended residence, study and work. Italy - residence for military service. Argentina - residence for research. Costa Rica - residence for study. U.S. Virgin Islands - extended residence for work. England - short residence for study. Peru, Mexico, Morocco, France - vacation and travel. PUBLICATIONS Samples available. See also previous listings. REFERENCES Alberto Garcia Marrder ***Please consult candidate before contacting Bureau Chief, EFE Miami 2655 Le Jeune Rd. Ste 1004 Coral Gables, FL 33134 (305) 442 -8220 Eduardo Gamarra Director, Latin American & Caribbean Center Florida International University, University Park DM 353 Miami, FL 33174 (305) 348 -2894 Mark Rosenberg Provost Florida Intl. Univ., University Park Campus Miami, FL 33199 (305) 348 -2151 PERSONAL DATA Status: Married (Chris Kirchner), three daughters: Raen (12), Kayla (7) and Trina (3). Social Security: 214 -68 -5456 Citizenship: U.S.A. Born: Harrisburg, Pennsylvania CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 303- 663 -6340 South Miami, FL 33143 Fax No. 303- 663 -6348 1. Name: w 'C= f- N A rJ C (Please print 2. Home Address: T 3. Business Address: A 4. Home Phone No. 3d i~ bar 06W Business Phone No. 5. Education Background: Uri t v v !r %a,j j r`� � c.�h -� i7��1 Sciwd� .5 •�. mod . f!z/t� Sen CO�i2Sct- 2Si UN t y,'V�Izft I.-A -A At � it /)1 )i/I.0 -f'C' �A1 `tai -n f- 6. Community Service: 8. Are you a 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? Anglo American African American _ Hispanic American_ Other Signature Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Remised 112000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/1 /00 ale� AGENDA ITEM #_ft� FROM: Charles D. Scurr Comm. Mtg. 9/5/00 City Manager Parks & Rec. Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING TO ROXANNE SCALIA AND WILSON OCASIO TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Roxanne Scalia and Wilson Ocasio to the Parks & Recreational Cultural Affairs Board. These terms shall expire September 5, 2002 or until successors are duly appointed and qualified. CONCLUSION Given the fact that this is a very active Board the Commission desires to appoint a full complement. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROXANNE SCALIA AND WILSON OCASIO TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Roxanne Scalia and Wilson Ocasio serve on the Parks & Recreational Cultural Affairs Advisory Board for a two -year terms ending September 5, 2002 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Roxanne Scalia and Wilson Ocasio to serve on the Parks & Recreational Cultural Affairs Advisory Board. Section 2. The expiration date of appointments shall expire September 5, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICA TION 6130 Sunset Drive South Miami, FL 33143 Phone No. 305- 663 -6310 Fax No. 305-663-6348 1. Name: no`( n ne, �C►4 Ll'A �� �lease�rint� / b 2. Home Address: LD 3. Business Address: 4. Home Phone No. ' ^ �S- 5. Education Background: 6. Community Service: A�c-1, AA' 'PA I 'a.,m ffw"-u.1 • Business Phone No. ��~ tYCCll l 8. Are you a registered voter? Yes nC 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? Anglo American_ African American _ Hispanic American Other V Signatur Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 Ct Q' CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 303- 663 -6310 South Afiami, FL 33143 Fax No. 303- 663 -6318 1. Name: 5 o o OCA5i leas-e� 1�j�r nt) r 2. Home Address: (ad (pS tJYl�ff �Yl� *6s, 4,11.3 5yj 3. Business Address: D� /ti% ,341— r79 600 T -, 4. Home Phone No.Oi) 6ba- �3 f�/ Business Phone No. I'D 5. 6. Community S rvice: C oel c, � 8. Are you a 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? Anglo American_ African American _ Hispanic American _,,,/// Other Signature Date —7A J Q U THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 xk�Jen,�� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr DATE: 9/1 /00 AGENDA ITEM #--(& realn Comm. Mtg. 9/5/00 Commission ForWomen REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; RE- APPOINTING BARBARA JEAN RASKIN, JENA STALY AND NANCY ELLEN TITUS TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 51 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Julio Robaina re- appoints Barbara Jean Raskin, Jena Staly and Nancy Ellen Titus to the Commission For Womem . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; RE- APPOINTING BARBARA JEAN RASKIN, JENA STALY AND NANCY ELLEN TITUS TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to re- appoints Barbara Jean Raskin, Jena Staly and Nancy Ellen Titus to serve for two year terms on the Commission For Women. Appointments shall expire September 5, 2002 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby re- appoints Barbara Jean Raskin, Jena Staly and Nancy Ellen Titus to the Commission For Women. Section 2. The expiration date of the appointments shall expire September 5, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Russell Commissioner Bethel: Commissioner Wiscombe 08/23/2000 12:34 3056665328 BARBARA J RASKIN CPA PAGE 01 iaYiia CITY OFSOUTH MIAMI BOARDICOMMITTEEAPPLICATION 6130 Sun w Drive Phone No. 305-663-6340 SnWt1F Miami, FL 33143 � %�� � -�^ Fax Na 305- 663 -a3J8 i . Name: �i%'l l� / 117,- 2. Home Address:-- d---� r�fj�%'� .r,3 1�3 3. Business Address-A-:501 ll��i ',� A &E 33.1�A 4. Hoare Phone Nq.I�7I , 1,S % �-- Business Phcsns No ��'�. �t/•� J� ,. S. Education Background: d b. niuniiy $eLvicr.� && / /.? / $. Are you a registered voter? Yts No 9. Are you a resident of the City? Xts No 10. Do you have s business in the City? Yes No i�. LtheicOrigin? Angto American African American Hispanic American, Othcr Signature ox �'. Dnte 4 �'5 /,00 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Aniied !/2006 b r1 ' rl s2b�4FOA�iO£ 71-�s t �� ` es9C1- z0 00 - E2 -6nv 08-23-2000 05:29PM FROM MONTGOMERY ROOFING TO 3056636348 P.01 08/23/2f lm: 4y Garr���� 4; 6. i . 10 V/ id TOTAL P.01 �j fkWL4 � z $3143 Faz Nw Jos,"3-u4s.. Hoci Pkme prind Addrew ! -� w Addre": mmimm Phone N*. 10 (O.S. ,7 7' i f-Iga !z • i 4 Are y�:& rcgisfti-ed vow! yes N*— Are .yc u -a resWait of tke CUy? Ao :Vtx Do ye l t have a bmknm in the City? yes A o is Afrkm A=trkm H4msk MtAcjw— odwr Date THIS APPUCATICM WUJ- REMAIN ON FILE FOR ONE le EAR d9V so . 10 V/ id TOTAL P.01 08/23/2000 17:12 3056665328 BARBARA J RASKIN CPA PAGE 01 Aiiilk CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICA TION 6130 Sunset Drive Phone No,. 305 -663 -6310 Soath Miami, FL 3 143 Fax No. 30S- 663`6318 1. Name: (Please print) 2. Home Address:�%64!r '57W Z' 7 3. Business Address;/ ✓ol IlAxle 4. Home Phone No.- / 2-- �uginess Phone ltio S. 6. 9. 9. 10. Education Background; 11 Are you a registered voter? Yes � No Are you a resident of the City? Yes No Do you have a business in the City? Yes No t i. Ettrnir {origin'! Anglo Americas African American_ Hispanic American Sig t Datt THIS APPLICATION WILL REMAIN ON FIU FOR ONE YEAR Rnifed 1!2000 v0'd eve9tE99SOE 7>I.- "L:D d90 z ZO 00- EZ-Ony CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9 /1 / /00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/00 City Manager Code Enforcement Board THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARD AND COMMITTEES; RE- APPOINTING CHARLES PLUMMER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina re- appoints Charles Plummer to the Code Enforcement Board. Term of appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARD AND COMMITTEES; RE- APPOINTING CHARLES PLUMMER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and, WHEREAS, the Mayor and City Commission desire to re- appoint Charles Plummer to serve for a two term on the Code Enforcement Board. This appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby re- appoints Charles Plummer to the Code Enforcement Board. Section 2. The expiration date of this appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 92000. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ever-striking. v CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: LLG -Y- (Please print) 2. Home Address: ( S 7 3. Business Address: 4. Home Phone No. TD G �--Q �- ` Business Phone No. 6-4(0 5. Education Ba kground: .� !-t.• -5 . �tI o � 6. Com unit Service• 8. Are you a 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? Anglo American! African American L:,:n�-ispanic American_ Other ! j Signatur �- ��- Date �! THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9 /1 / /00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/00 City Manager faoll Commission For Women THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING ESTELLA P. MICHELSON TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 51 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Estella P. Michelson to the Commission For Women. Term of appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING ESTELLA P. MICHELSON TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Estella P. Michelson to serve for a two year term on the Commission For Women. This appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. The City Commission hereby appoints Estella P. Michelson to the Commission For Women. Section 2. The expiration date of this appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR , 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Russell Commissioner Bethel: Commissioner Wiscombe 60,.,SSC,.7 %A. 09- 0L�=-nr CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICA TION 6130 Sunset Drive Phone No. 305- 663 -6310 South Miami, FL 33143 Fax No. 305- 663 -6318 1. Name: (Please print) , 2. Home Address: (., 6 3 +5 1&." • \,D'� P I . S - M 14. V%A i f L 3. Business Address: MA 4. Home Phone No.3of; Business Phone No. Jj 5. Education Background: 0 Community Service: ,r_- c9'-r_W--c.4�-;"e%e� ae-\�.s'_�tis 8. Are you a registered voter? Yes—A• 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? Anglo American African American _ Hispanic American_ Other Signature k641.. � � � e�� Date � o� THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Remised 112000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9 /1 /00 CGS AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/5/00 City Manager Junior Commission For Women REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING MARINA TREVISANI, LUCY WATKINS, MOLLY LAHIFF, ISHA SHANNON BROWN AND EILSA TAHANA JUAREZ TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The Junior Commission For Women was established by Ordinance No. 15 -00- 1717. The Member of the Commission shall be either residents of the City of South Miami or a student at a South Miami school, be age 13 through a senior in high school, be involved in at least one extra - curricular activity; and maintain at least a "c" grade point average. CONCLUSION Given the fact that this is a very active Board the Commission desires to approve the amendment to the by -laws. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING MARINA TREVISANI, LUCY WATKINS, MOLLY LAHIFF, ISHA SHANNON BROWN AND EILSA TAHANA JUAREZ TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING SEPTEMBER 5, 2002 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Marina Trevisani, Lucy Watkins, Molly Lahiff, Isha Shannon Brown and Elisa Tahana Juarez to serve for a two year term on the Commission For Women. Appointments shall expire September 5, 2002 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Marina Trevisani, Lucy Watkins, Molly Lahiff, Isha Shannon Brown and Elisa Tahana Juarez to the Commission For Women. Section 2. The expiration date of appointments shall expire September 5, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Russell Commissioner Bethel: Commissioner Wiscombe 06/26/2^0@ 14:26 305 - 665 -0547 GFS MIAMI PAGE 02 CITY OFSOUM ML4MI JUNIOR $OA MICOMMITTEE APPLICATION, TO "oO $190 Skwsd Drive Somtk Mu 4 FE ? 1.145 L 1. Name: 1 pbone ML 305463 -340 Fax No. 305- "3-a46 2. name Addrerss: 7�Z1 , ^0-ti✓� 68' 3. Name oMhook 0.oMl 6 -eS 'j,e,Yl ! O'Y Yt -rC. k DO 1 4. School Address: Li s O k-�-j Y-C4 fORC4 1 r l-rm rcllble5 3a� j o S. Home Phase No. 30 ^ tQ � 3 -0& Q 3 pan of 2irde U S1 4 1 3 6. Are you a resideaforan ate Yes - No 7. PLEASE ATTACH TIM FOLLOWING TO APPLICATION: a. Two IsUm ofnecommeWstlon fras current orr'iorasr teachers b. One kAtar wf cocommucudstiou Ikon an adult Atha thus a farnill mmbert C. Copy of Is* report card. d. Proof' of pareidgedon in xt load of wricular acth*- 8. Ethnic OriSia3 A,nglo Americaq African Anwicw— f ispank Aarerica? Other SiEnatutht A plicneR 5i8rtatnre_ iartertt/Guardian Stow of Florida County of Miami -Dade Date �0 T S Dais /P 2 3 Sworn to (or aff ra d) before we this z3 day of 2Qtn , by ._._ £ ltf-N -9 urxL tv—rnfrYS X �fi::tJi•Kit,Lrsft ature of otn'ry Fd0'7'.�RY i'LitL,t�.; '7'�t E �t% tpRfiA `, I Frini-eip4jilic of Notary personally k0own ZOW produced identification Type of identificatioa produced THIS APPLICATION WELL RMAIN ON FIZZ FOR ONE YEAR INC0;IMErIC A"LICATIONS WILL NOT BE CONSIDERED evc9E9990C >q"O .* X41 3 VCT:OT 00- et -unr 06/26/2000 14:26 305- 665 -0547 N C W � h 4 S e a�n 10 IZt" o N� .au�a I C7 a C C a o � a � I J 0 H W H L H J O V Ch W, J H C K u ku S X n N N 111 r � oil I�ID L >IN W WYIYJ lZDN6< GFS MIAMI PAGE 03 O W N o ri N M J LA ,O � LU O O D O Q OZZ } .,I l4.iN i- cnv_ -- 4 L.7 1u C9 i I •i Z 1 - MUOU. HI N C Z 4F Y z Z O 4Nt N OWWNA �Nrl O 1 7.' 1 r'INMG W h y1 M 1 W } a �aC 00 ]L J^ WWUOHaIuRYVrn� ~foVO�G' W� mi O vN ao WJ Q M UctO 1 J�8>- sp V W s II i •, wxKi W OW Q J V O � O ; 0 FL,", o q i coa y !q w � o 1 O O O O WW W �!ICWOO 2 < z m ,., o °o o a o 0 0 0 z"li ° U. M In w- W O W ' C U a v cK Rw {µ�1 t7aZ V CC = O W a 4# C 1 OC W 0 W u 'Q5 � . 6j olm y0 , :1myWW ujr �SNZ I 1 i I U ru14a. ; Q O O O d O b 1 W CL N 0 O m r,N N N m N O N O N O � U to < tq < 4 K rl W .d 14 1 I a. � •.1.1 .r , )y w.'CQi V ca.:! Q 4 " � n o 0 0 0 w° CL 0 z 4 00 0 0 0 O d ¢ V M K K K 6 ; C7 W ri N .� .4 rl N N U U dS 5? 4 UC { O U ; O p 1 W a � Ul � d o In go M In N a o _ 0 0 0 o O < U m 4 4 < 4 K Q I'll W N W ri I lad �.w4 �ym 1 I I 1 I 1 i i 1 1- CL 1 U Ln ii 1 (- I N t 1 LU Q I LLJ 1 I1 1 OZL {!) I 1 ! O ul W� i w U70 cr 1u < �Iyy11 WtHW 1 4U 1 .. yf1Z 1 K �I C7GZ r�TW1 -ISW UWa I ./ 4rrIW 1 rrW UU JW JO K O vfoZS �1..11q 1-GQ 10H i O OrNC O 1(pyN=il I06 1 pW w W "+n .7 4NN M 4 x.44 H)-)' pid JfOV.J Pqw SH1 WPN mu Km-J 1 Npl, 1 , CO in U44 MO!►�< -COH4 HI00 WO4q8 WOA zwI4 M6 4w1, , JQ V1 f/7 *frl /�QlQ��IO.yQy�TT,11u C .�'Q'iyy woo O(�(Z,�+U O�zz)i OQ IOrONan Y1% �WK NN J�Wm w, w vi cr cn V 1/ PAGE 03 O W N o J 1 ur- Q1 ?• Q o LU r } .,I l4.iN i- cnv_ -- 4 L.7 C9 i I Z 1 - MUOU. HI N O 1 U 4F Y z 4Nt N OWWNA �Nrl 1 I 1 7.' 1 r'INMG W M 1 W } J^ WWUOHaIuRYVrn� ~foVO�G' W� mi O vN ao WJ Q M pczi J�8>- sp V W OCO W OW Q J V �1=A � O FL,", i coa y !q UJ v, w N. o 1 pwSt� WW W �!ICWOO 2 O w O. U z z"li ° U. M In w- W O W in J � 4 i !a `N a v cK Rw {µ�1 t7aZ V CC = O W H v 4# C 1 OC W 0 W u 'Q5 � . 6j olm y0 , :1myWW ujr �SNZ I 1 Nr=• w ru14a. 06/26/2P00 14:26 305 -605 -0547 GFS MIAMI PAGE 01 ad Financial Systems, Inc. 1500 SAN REhxO SUITE 251 CORAL GABLES, FLORIDA 33146 800 - 989 -9998 305 - 665.0547 FAX TRANSMISSION COVER SHEET DATE: FROM: i�YL TELEPHONE: xW989-9998 FAX NUMBER: 305465.0547 PLEASE DELIVER TWS TRANSIVII.SSION TO: TOTAL NUMBER OF PAGES TRANSM [1717ED IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL SENDER OR FAX A REPLY TO TIM SENDER'S ATTENTION AND WE WYLL RETRANSMTT. THANK YOU W-4u Y {Mf herFinancial Systems, Inc. 1500 SAN REMO SUITE 251 CORAL GABLES, FLORIDA 33146 800- 989 -9998 305- 665 -0547 FAX June 30, 2000 The Honorable Julio Robaina City of South Miami 7160 Southwest 62 "d Street South Miami, Florida 33143 Dear Mayor Robaina, It is with great pleasure that I write to you recommending Lucy Watkins, for membership in the City of South Miami Junior Board Commission for Women. I have known Lucy since she was an infant and have watched her grow, into the lovely young woman she is today. She is a credit to her community, school and family. Lucy is active in both her choral and youth groups at church and has just returned from trip to Costa Rica on a youth ministry. She is a fine student at Coral Gables Senior High School and was the recent recipient of the Williams College Book Award. A Gablette since entering Coral Gables as a freshman, she has represented her school in numerous competitions and is a Senior officer. It is without hesitation, that I can say Lucy Watkins will be an asset to your organization. Please accept this letter as an enthusiastic recommendation for the fine candidate. Sincerely, Susan L. Gallagh pri Vice President Gallagher Financial Systems WIWI# QRNKERs. i �f 4MERN �gC�N�1ED N \\ MIAMI -DADE COUNTY PUBLIC SCHOOLS CORAL GABLES SENIOR HIGH SCHOOL - 450 BIRD ROAD - CORAL GABLES, FLORIDA 33146 - (305) 443 -4871 Roger C. Cuevas Superintendent of Schools Alex L. Martinez Principal July 31, 2000 The Honorable Julio Robaina City of South Miami 7160 Southwest 62nd Street South Miami, Florida 33143 Dear Mayor Robaina, Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabat6s Morse Mr. Demetrio P6rez, Jr., M. S. Dr. Marta P6rez Dr. Solomon C. Stinson Lucy Watkins is one of our outstanding graduating seniors here at Coral Gables Senior. She is enrolled in our prestigious International Baccalaureate Program and a Florida Bright Scholars candidate. She is an outstanding candidate both academically and extra curriculum. Ms. Watkins is one of our officers of our award winning Gablettes Dance Team and has been a member for four years. recommend her for consideration for this outstanding Board of Commission for Women. Sincerely, Dan Finora Guidance Counselor CITY OF SOUTH MIAMI JUNIOR .BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: AXP�\�\j L6V-,,�; (Please riot) 2. Home Address: �a 3. Name of School: � r� ('r(Lho S V . & Szch ' 4. School Address: 5. Home Phone No. (,fi Date of Birth: 'I / 7 /�Q 6. Are you a resident of the City? Yes V No 7. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one extra - curricular activity. 8. Ethnic Origin? Anglo American � African American _ Hispanic American_ Other Signature rkl 1 Date �i p 'can Signature FG Date L, Parent /Guardian State of Florida County of Miami -Dade Sworn to (or affirmed) before me this � day of �, 20Lb, by 1 (seal of Notary) ��.�� � Nkenga Payne * *My Commission CC863308 %.,�;;-;o` Expires August 16, 2003 LMSig+ ture of otary Prin.jkd Name of Notary Personally known OR produced identification Type of identification produced L IM" i4^L�]— c7l3 -6 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED MAST Academy Writing Portfolio Certification Form has applied to the MAST Academy for the 2000- 2001 scWool year. Please allow this student to select two pieces of - expository, autobiographical, narrative, or persuasive writing from his/her English folder. Your signature below indicates that the work submitted in this writing portfolio was indeed produced by the student. Non - evaluated writing is acceptable as long as you certify that the applicant produced the work. Please return to the student who will forward to: MAST Academy Admissions Office 3979 Rickenbacker Causeway Miami, Florida 33149 305- 365 -6278 qdmiss@mqst.dqde.k12.fI.us To the student: The remainder of the application is to be filled out by a teacher. Select a teacher who best knows your potential and the degree of your commitment. To the teacher: Please indicate your observations of the student's characteristics using the chart below. Check the spaces that best reflect the student's performance. Although significant, this observation will be but one of the factors that determine admis- sion of a student to the magnet program. General Characteristics: Unable to Observe Seldom dom Often Always - V/ Is attentive Is self- motivated Follows through on assigned tasks Demonstrates self- control Is mechanically inclined Accepts constructive criticism `/ 29-0 --h— cie ritiously V Has cc. sense - Is inquisitive Is a good craftman W' d speaks well Is able to handle technical � information and procedures Comments: r�q J w w L el 6� Signature of EValuat6r title ate South Miami Senior High School 6856 Southwest 53rd Street, Miami, Florida 33155 (305) 666 -5871 ext. 297 0 0 \ W O LL O N a Ln Ln N rl c C1• O LL O N a 0 m N U) W x O U N w J H x W J 0 a w x CJ C LL J w > W J W O Q x LD oX W NZ H WO J20 > - -T w0• i JI-\ .D WOO OW xou. 060 Xaa LU Z>- J J Q U H L w 0 a U a M H N M S W •D Co n O O O O O O O O •-1 O W r1 i N O ri CS" W W i J I W} L W o m x N O W-h- w \ Um mu OZU H rl n Z N p i N O ZO I- F-wa O Z ULO x \ 01 u Z Z Z Z x Z Z Q ZZ w awtn a F� O W O ' }p U - J J U. O>c H -ZS Fo N ' L7 VL ) N^ mo _ ' '^ N Z w w L Z uc- ~ n0 w } Y V) a N a L7 Q Y LD N WUOH O.O3y O Ciro I JW •• Z I I amUOLL COW OxZ LL -Z Q Q tl tl Q Q m SOO c: W UWx 1 U OL7a wxa` Q Q U m U m L) ; Q I 1- }I-. z f,xZ w xx Zow N L9� ODU a p U U. ZaH o O� p o 0 0 0 0 0 0 0 0 � w aLLLL ^ O x H O O O o O O O w: OHM m N W i W F-4-O Q CL N O- Oaz - o co O O O O O O In 1 00" H Z Q O O O O Z I riNMO xo zQ a a Q a a a Q Q o W 0 w W I H N H l -1 1 H I W W } x 1 Q Q U tl Q Q tl ~H Q' Ix U' J QW OZWUI- NH ; Z¢ Z UZUJLI o p U U W QWJNW W 0 0 0 0 0 0 0 o Qa -+ LL >M"w M WOh1xOQU CL Y) O ucF-O. xo-CZAR Z co o 0 o o o 0 X� wLDVHH D C O O L� Q i W I QmUGHILZ U m a Q m N J x (� w N r•I rl ••1 N H H 1-1 ; 0 O o I:,ix �p a a m m I N a, U a` H �` w>:a` tl Q Q Q tl V co J H H i p a• Q W O U } W J N O O O O J U d U) 0 p c` O O •-1 N O O H O O x z Q o 0 0 0 0 0 0 0 0 W U p O 1 C7 w rl r•1 N r-1 H r/ rl rl H Ti p 0, Q H N (j Q tl tl m a Q Q � L pIU O x x 0 0 0 0 0 M w 0 O O O O O O O O � O Z < S � o° Q U Q Q a Q a a a a In x w Ur H r•i r-1 N H rl rl r•1 ' p H N x Q a U ca U. 1 U j FU. •ILA. I I I 1 O I t 1 1 1 F- a z J.D � I I 1 I W 0 ; z O ma, > I I 1 1 i W Cl N W -_ 1 1 I c I O 1 Q I I I 1 S M 1 1 I W 1 1 I I 1 1 C, wJ U I I I 1 L,1 I Z 1 I I I J I L N x.1 U) W I I I 1 I Q 1 > I >- I x I 1 I I I Q I Z L I L 1 O 0 >.00IJ 0 1 1 1 0 1 O 1 1 N I O I C -j m W Q I I O I Q 1 m- J 1 1 OJ H•-1 U. �� W I I I I I I - N I H I W ZO U•Oi x "'DO w 7) WV1 1 1 I I I M I 1 I Z I x Z 1 C I d 1 U x^ H " F- InC1•L U 'pa C Q 1 1 1 1 1 N I 1- I N I W 0 Q W > 1_ I N w W F-S I C 1 d W Ob na cc I ^ 1 1 -x 1 -I- 0-0 1-0 U Z- x ZMC` a Z WE 1 Ou< WN QUa Oa Ux QUM O L :U0 QN 0 0 M w p F � QN F i HUQ aa � i A U x x N •• , Q HU ax x -I QN (p 1 LD arla O OrIO <r-40 Ur12 a arl w JON= I H V I O m ;O a xH N H F- Z ••N U U W J O C WO L 1 1 O w0 1-OW OcO - JON OZ HO HO} O O I O IZ i0 iU W COWWW Ww QV) L907 1 ca0 NH ZNQ QNx Z'•ISQ WN(1) M i FI 00 x =Q m H} -COO 1^ QOa JO 000 xmF- U' NJ we ;a (�(n U. 0-) (,70' i QW 07 "0 (� LUO"') ~N6 WOZU i u. 4" �N 1 0 a'•1 ON\ 00� <-I, OOM-C NNW �� U wU u cn w x V) 0 J I S J N E LL 1 1 a I O& 0 0 \ W O LL O N a Ln Ln N rl c C1• O LL O N a 0 m N U) W x O U N w J H x W J 0 a w x CJ C LL J w > W J W O Q x LD oX W NZ H WO J20 > - -T w0• i JI-\ .D WOO OW xou. 060 Xaa LU Z>- J J Q U H L w 0 a U a Yeanne Sajfze,tt 5943 S.W. 69 ,j.t Stzee.t South Mi am.i , f iojz e da 33743 • r � 1 i • I I f. ; r 1 •' 1 AI � � V • ,1 O jPt�, E T0-- 11_21AM .SNH_QU FATIENT SVCS J rMUC.F*2,i CJ "0JrS00lWJ ff"t liA 7QW B .4PPtIGT?OX to' ej Mow N& jos4u4wm i Yea -.-/ ma-, 7, FL LAU AM= TAL TOU.dyYl% O TO A"LiCA M: L Two kmn of evsoM@96962 levy ftattoR arfoe'tw "PAM b, o" bow e<naeewaodaiea fkm an W* ade thm o Gloft modes r. on" it M4. • a =Fsf pwtdpaiaa Is as bm a tv "lir o Aa�9v Aarr!¢ biaral A�ryevn,._, NJspadt Ames m._ ORe•r _ �, S1�ausre /ignv f DW Matt of filar* / C+watr of -�- Socora taea� of K Uy "M bo 1l/QIAM paided � 8a�lw lns � aft' ramaaaib iwor.v01! iiaotl6aaaia0 _ Type •1 p Bear: N-OLO oc36' vct:Ot 00- at. -wmr Td W ST:TT ME 92 •unz . 'ON xUj • : WON�l SawtA Agbom4 SL Shat! z. Hams Afidmr; �, iiaDoM Addrua:T S, Hess ft4e' 6. Are you a arm ftdVt}t CW.. Mow N& jos4u4wm i Yea -.-/ ma-, 7, FL LAU AM= TAL TOU.dyYl% O TO A"LiCA M: L Two kmn of evsoM@96962 levy ftattoR arfoe'tw "PAM b, o" bow e<naeewaodaiea fkm an W* ade thm o Gloft modes r. on" it M4. • a =Fsf pwtdpaiaa Is as bm a tv "lir o Aa�9v Aarr!¢ biaral A�ryevn,._, NJspadt Ames m._ ORe•r _ �, S1�ausre /ignv f DW Matt of filar* / C+watr of -�- Socora taea� of K Uy "M bo 1l/QIAM paided � 8a�lw lns � aft' ramaaaib iwor.v01! iiaotl6aaaia0 _ Type •1 p Bear: N-OLO oc36' vct:Ot 00- at. -wmr Td W ST:TT ME 92 •unz . 'ON xUj • : WON�l o TUN 26 '03 11:22AM SMH OUTFATIENT SVGS vi a u W w W • v � UA y pq Ja.r ?1 S5x ia�' 1✓ tS 11 �•r hfs •ri ci C4lA i15 A� 1 .+ 1 7 x L1l F ti 1,iM " 1YC i t n�S,y yarr � Y Y r r k .Z -C O O O O N N O rl O O . O d O O 0 3$ V r Is 4c K Ic t 0 ,iiAl6 fc `yrV i�>•. Iru.l �rvl 1. tl ` y'i aM $ Mon N z o d 4 o o I'"e N U tl 40 4 K (� W N N I.1 N W r 1 r1 D tQv A .:'!•7 5 i7 l h ( L! Y'�yL �'.YF AI'` .Ir y.t El'J 4! 1'� ,mot: i7 �w' Yjl� I'J �- 1 ° >rM1Yli 1.. wly � 41t; t�FILrYW k. t �k} �tili. M i TO W r y O o e IN O p O O } 06 E+ r o v o o Q < O O O V Z O S O , q O $ o O O M Pit P4 U < C7 w 1 .a N � e r4 �'�ftrl�� i} ~. S I att E. A� w. 'Y �,} I E 1 ?✓' 1 u� ei i.:�•'!:1 �+n.t._Y� 1,,E 14n 1 �/1! � �e:rE I� ei iE `�it _� O O p 4 g po o W p a a 1v L5 W P4 ,q ., N rl w p Ci rc�d.;�.rm r ti Z L I 1 1 Iupy E r w r•M Q I I 1 1 Z 11 '! N U I 1 I i w l p N 1 a i oeo � s •. DiW u "' g o� y� N ro JI of tl t } j g N^ W �"• V FO'• �I a I •RCltidw H OI W� 1 li^ Oy a f .ini,l;o W M� wW °pp A aX! W1 't. i E i Z ku Lu 'fl t H I u 1 1 w I I JW 1 1 u "30 W 1 uw� wi Ir11 i P.3 i a r F W W� r» M ■ .a f, ,O •ai ry, tit n m a 1 a u I: 4 r E; b r r.l � W o o o o o o d $ $ ° O 4 O O . O d O O 0 3$ V r Is 4c K Ic t 0 ,iiAl6 fc `yrV i�>•. Iru.l �rvl 1. tl ` y'i aM $ Mon N z o d 4 o o I'"e N U tl 40 4 K (� W N N I.1 N W r 1 r1 D tQv A .:'!•7 5 i7 l h ( L! Y'�yL �'.YF AI'` .Ir y.t El'J 4! 1'� ,mot: i7 �w' Yjl� I'J �- 1 ° >rM1Yli 1.. wly � 41t; t�FILrYW k. t �k} �tili. M i TO W r y O o e IN O p O O } 06 E+ r o v o o Q < O O O V Z O S O , q O $ o O O M Pit P4 U < C7 w 1 .a N � e r4 �'�ftrl�� i} ~. S I att E. A� w. 'Y �,} I E 1 ?✓' 1 u� ei i.:�•'!:1 �+n.t._Y� 1,,E 14n 1 �/1! � �e:rE I� ei iE `�it _� O O p 4 g po o W p a a 1v L5 W P4 ,q ., N rl w p Ci rc�d.;�.rm r ti Z L I 1 1 Iupy E r w r•M Q I I 1 1 Z 11 '! N U I 1 I i w l p N 1 a i oeo � s •. DiW u "' g o� y� N ro JI of tl t } j g N^ W �"• V FO'• �I a I •RCltidw H OI W� 1 li^ Oy a f .ini,l;o W M� wW °pp A aX! W1 't. i E i Z ku Lu 'fl t H I u 1 1 w I I JW 1 1 u "30 W 1 uw� wi Ir11 i P.3 i a r F W W� r» M ■ .a f, ,O •ai ry, tit n m a 1 a u I: 4 r E; u I: 4 r E; SWIMMING & DIVING Barbara Raskin, This letter regards Marina Trevisani, a swimmer on the Cane Aquatics Swim Team. My name is David J. Liberto, and I'm the Head Junior Coach for Cane Aquatics and Marina's coach for about three years. Marina can be described as motivational and determined. Her capacity to lead and encourage others, younger and older, to keep together and remained spirited has marked her as a valuable member to our team. Especially in a sport as rigorous as swimming, Marina takes the time to cheer on others even in the face of her own adversity. Training for such a sport entails excruciating patience and desire, and Marina not only trains, but she also competes and performs very well. These attributes carry over to other facets of her life, creating a holistic and well - rounded individual. Such an individual would be an incredible part of any organization. Thank you for your time. David J. Liberto Head Junior Coach Cane Aquatics UNIV M- n YOF Nuam University of Miami Athletics • 5821 San Amaro Drive • Coral Gables, FL 33146 -0820 • 305 - 284 -3593 Fax: 305 - 284 -3645 G.W. CARVER MIDDLE SCHOOL 4901 Lincoln Drive Miami, Fla. 33133 305- 444 -7388 July 18, 2000 To Whom It May Concern: This letter is to recommend Marina Trevisani for a committee member position with the Junior League of South Miami. Marina was a student at Carver Middle School for the past three years. As assistant principal, I had many opportunities to observe her interact with her teachers and peers. She always demonstrated the intellectual and personal traits essential to becoming an excellent committee member. Marina was a consistent honor roll student who was active in extracurricula activies and clubs. Because of her pleasant demeanor, positve attitude, knowledge, and ability to make sound decisions, she maintained a respected status among teachers and peers. For the reasons above, I believe Marina Trevisani has a lot to contribute and I recommend her for a committee member position with the Junior League of South Miami without hesitaion. If I can be of futher assistanace in this matter, please contact me at 443 -4871. Sincerely, Roy W. Bentley, Assistant Principal 07/17/000 MON 11:59 FAX 305 529 5148 G W Carver ,Middle School Z002 July 17, 2000 Mrs. Barbara Raskin 5765 S.W. 77 Terrace Miami, FL 33143 Dear Mrs. Raskin: It is my pleasure to highly recommend Marina Trevisani for a position on the City of South Miami Junior Board Committee. Marina was an outstanding student in my German Honors class and very well liked by her peers. She is responsible, respectful and emotionally mature beyond her years. This multi - talented young lady is an asset to her community. If you have any questions, please feel free to contact meat (305) 444 -7388. Sincerely, S Shelley S y, Lead Teacher Q CITY OF SOUTH MIAMI JUNIOR BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6343 1. Name: =ShCa Skonnon Brown (Please print) 2. Home Address: S 9 S Q s, w. bo +h A -4, nge. 3. Name of School:(' r, c' Ci o ° i- S� n G r i-t - e `� 4. School Address: 10 1 n) 15Q4 5. Home Phone No. 3D5 -jc%i " a % Date of Birth: % / i 3 / "44) Are you a resident of the City? Yes X No 7. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one extra- curricular activity. 8. Ethnic Origin? Anglo American — African American X Hispanic American^ Other Signature J Applicant '� �� Signature �4:�D� ' /d�" Parent /Guardian State of Florida County of Miami -Dade Date 0 /. co IOC2 Date tS' /% 4. %'0 C) Sworn to (or affirmed) before me this t'4 day ofA!i_q 20oo, by i /CLA'dC4_ (seal of Notary) RONET(ATAYLOR °= MY COMMISSION BCC618363 Signature of, `•: 18.2001 Thn, HS: May �.� Bonded Thru Notary pubQc U� nde F ( l) u/L 1 Printed Name of Notary Personally known ✓ OR produced identification Type of identification produced THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED tAia p1IwMz6xz,1 ffmwwl 5780 S. W. 60Th Avenue South Miami, Florida 33143 Home Phone (305) 661 -8287 © My objective is to be selected as a member of the South Miami Junior Board/Committee and gain valuable experiences, which will help me in my future endeavors. I am a magnet student in the Academy of Legal and Public Affairs. Coral Reef Senior High 10101152 nd Street Miami, Florida 33157 91h grade -Legal and Public Affairs Academy South Miami Middle School 6750 S. W. 60`h Street South Miami, Florida 33143 6 - 8th grades — Magnet Dance Program John Casablancas Modeling & Career Center 10200 N. W. 25`h Street, Suite A -105 Miami, Florida 33172 South Miami Elementary 6800 S. W. 60Jh Street Miami, Florida 33143 4`h and 5`!' grades — Magnet Dance Program Village Pines School 15000 S. W. 92 "d Avenue Miami, Florida 33176 Pre -K - 3rd grades ❖ Jill Mallory Dance Studio ❖ South Dade YMCA Volunteer Coach ❖ Coral Reef Senior High School Volleyball Team ❖ South Miami Middle School Basketball Team ❖ South Miami Middle School Volleyball Team ❖ Miami Dade Swim Club ❖ Mt. Zion Baptist Church Youth Group ❖ Mi. Zion Baptist Church Dance Ministry ❖ Honor Roll Student (Gifted/Honors Classes) ❖ State of Florida, Department of Education Florida Writes! Award ❖ Dade County Youth Fair Language Arts Awards ❖ South Miami Middle School Language Arts Awards ❖ Performance at Walt Disney World ❖ Acceptances into Various Magnet Programs: Coral Reef Sr. High (Legal ad Public Affairs); MAST Academy (Marine Science); South Miami Sr. High (Broadcasting and Dance). 2360 S. W. 67''' Way Miramar, FL 33023 August 15, 2000 City of South Miami /Junior Board Committee 6130 Sunset Drive South Miami, FL 33143 Dear Committee Member: RE: Isha Brown I am quite happy to recommend Isha Brown for member of the City of South Miami Junior Board Committee. As her sixth grade English teacher, I had the opportunity to nurture her, provide her with a foundation in both written and oral communication skills, and over the past three years, watch her grow. A review of her academic record will reveal that Isha has done well and has the potential to become even more successful. I was also in the position to be aware of Isha's record of personality development and community involvement. For many years, Isha has been active in her church as well as Zeta Phi Beta Sorority, Inc. Youth groups. Both organizations emphasize community service, leadership and scholarship. Because of this involvement Isha has won numerous awards through local and state oratorical competitions. Whether as a community volunteer, member of her church ministries, participation in community organizations, or involvement in school activities, Isha has always been a responsible, enthusiastic, and competent young lady, anxious to help, of high moral principles and one with the unique ability to admit her mistakes and learn from them. I am happy to recommend Isha Brown to become a member of the City of South Miami Junior Board Committee without qualifications. She is an outstanding young lady. Sincerely, Mrs. Esther R. Withers English Teacher South Miami Middle School SANDRA PAYTON -FRITH . ........................................... . ............................................................... ............................... 17430 S.W. 121th Avenue Miami, Florida 33177 (305)253 -0815 August 15, 2000 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear City of South Miami Officials, It is indeed a pleasure to recommend Isha Brown for the City of South Miami Junior Board/Committee. I have worked with Isha as both a teacher and tutor for the past four years. During this time I have observed an intelligent and motivated young lady. As a student, Isha was kind and understanding of her fellow students. She put forth maximum effort and her results were rewarding. Isha's personality, scholarship and commitment to the task at hand are attributes that will serve as good contributions to Junior Board/Committee. Sincerely, Sandra Payton -Frith Mathmatics Department Chairperson Homestead Senior High School Virginia Thomas 6037 S.W. 60th Avenue South Miami, Florida 33143 (305) 666 -4344 August 15, 2000 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 To Whom It May Concern, This letter of recommendation is being written in support of Isha Shannon Brown, for the City of South Miami Junior Board /Committee. I have known Isha all of her life and I have watched her grow into a kind and talented young lady. Isha exhibits high values and a strong moral character. These qualities are evident in her relationships with adults and her peers. If help is needed, it is available! Isha is always willing to lend a helping hand. As a student she excells and strives to do her very best. Whether in the classroom or involved in extra - curricular activities, Isha gives it her all and all. As a result, she has completed 3 required high school graduation courses and is only an incoming 9th grade student. This drive is typical of Isha. If chosen as a member of the City of South Miami Junior Board /Committee, I am sure Isha Shannon Brown will represent the City of South Miami and her peers in an exemplary manner. This recommendation is made without hesitation and with sincere honesty. S in /c,� rely, Y �I/`C�l �.ZliLrt.% Virginia Thomas Resident of the City of South Miami FG14- 31-01)E STUDENT RECORD /SUBJECTS 08/l 00.11.04 SM3\rf IC 3412441 95C- 6881 GRAM 08 FR RR FW Si P 93-L m NAPE 194% S FDN SEX F EM B O+WEE ADD S3-L m BIf31FMTE QP /1Z185 LASE SJ3 IFDT 05/18/W RB= LFDT 05/15M LAGT CD UUr 11/19/90 PR)=C\l1_ S -CG' T Pa:UT MG CKU M] G3VO M FEFUCL ME MTAL A3M\CS 003 cyai lUTA_ TAMIS CM TERA 1 TEN NJ4BB3 TUM 2 GPACE 08 H3 FR G;CE H3 ** KEY CSFDJ ff'l M PER MT 931 SEa CFG NJYI 1CC FeA IRA TITLE 9m B' PSM IS6&ER 1234 EEG T 6881 MO 04 A A)ASBVEN 01 203 RR4N, Z 63819 B31 01 13W32201 A H A-G 1 02 219 ORML, K MCC FFC 61381 A72 02 100109M A Wd AY03 C3 M2 CAS, AL B633 CB3 63819 C31 01 2033 01 A H AW 9ZI (M 235 ED3\GM C OMB CO: 6881 C72 CG 210 02 A LE HIST A 06 MI FEY\=, BEAa CID 6881 MS 01 03093Ul A SHEET 1 06 253 14 A N, W A464 AA 6$81 M 01 032031CM1 1 DtM -E1 CP 253 K AN, W AA A A 6881 IID 01 OMOM0vR 2 D4,1E M 07 253 KJAN, BAT AA AA ** KEY CSFDJ ff'l M PER Y(R) YMCA We build strong kids, strong families, strong communities. Auguot 15,2000 To whom it may concern, I would like to -express a-great appreciation -to loha Brown for her-timc as a Assistant Basketball coach at the South Dade YMCA. She volunteered during the Winter Basketball season. We appreciate her hard work and positive attitude around the children. The South Dade YMCA will definitely welcome her back as a volunteer in the future. If there are anyfurther questions piease feel free to give me -a call at (305) 251-- 0310. Respectfully yours, Kelvin J. Burnes 5r. Associate Executive Director YMCA -south Dade Branch IRA YMCA of Grcatcr Miami South Dade Branch North Off-ice (Mailing Addre-s ) 12685 South Dixie Highway • Pinecrest, Florida 33156 South Oil ice 17501 S.W. 117th Avenue • Miami, Florida 33157 YMCA of the USA mission statement: To put Christian principles into practice through programs that build healthy spirit, mind and body for all. CITY OF SO UTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name: 2. Home Address: 3. Business Address: 4. Home Phone No. 5. Education Background: (Please print) Phone No. 305 - 663 -6340 Fax No. 305- 663 -6348 Business Phone No. 6. Community Service: 8. Are you a 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? Anglo American African American _ Hispanic American_ Other Signature. Rerised 112000 Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR COMMISSION FOR WOMEN COMPOSITION: Ordinance NO. 7 -97 -1628 established the Commission on the Status of Women. The Committee shall consist of 10 members. Members of the committee shall be appointed by the Mayor as provided in the City Charter. Members of the Committee shall be permanent residents or employed in businesses in the city for two or more years. Each member shall have demonstrated a commitment to improve the condition of women through community and other service. The membership should reflect the racial and ethnic diversity of the residents of the City of South Miami. Five members shall be appointed for a term of two years from date of its first meeting and five members shall be appointed to the committee for a term of three years. Appointments shall thereafter serve for a period of 2 years or until their successor is duly appointed, whichever occurs later. Jena K. Staly Joyce Price ADDRESS: 6460 SW 73rd Street South Miami, FL 33143 305 - 665 -3977 (h) 305 - 820 -4040 (b) 6400 SW 60th Avenue South Miami, FL 33143 666 -9078 (h) 669 -4434 (b) Barbara Jean Raskin 1501 Venera Avenue, *213 (Chair) Coral Gables, FL 33146 305 - 662 -1512 (h) 305 - 666 -5319 (b) 305- 666 -5328 (Fax) Nancy E. Titus Vice Chair 5765 SW 77th Terrace South Miami, FL 33143 305 - 662 -1512 (h) 305 - 663 -0545 (b) EXPIRATION: 6/2/2000 3/21/2002 6/2000 6/2/2000 Monique de Paredes 5390 Sunset Drive 7/25/2002 South Miami, FL 33143 305 - 666 -6431 (h) 305 - 666 -9912 (b) COMMISSIONS FOR WOMEN -con, t NAME: ADDRESS: EXPIRATION: Donna G. Masson 6410 SW 80th Street 5/18/2001 South Miami, FL 33143 305 - 279 -7910 (h) 305 - 661 -1621 (b) 305 - 666 -0508 (Fax) Deborah J. Davis 6602 SW 57th Avenue 9/17/2001 South Miami, FL 33143 305- 256 -7977 (h) 305 - 669 -6981 ext. 23 (b) (Vacancy) Dr. Macarena Carretero Kalenthia Nunnally Mary Scott Russell Commission Liaison As of 7/2000 3920 Wood Avenue Coconut Grove, FL 33133 305 - 661 -6686 (h) 305 - 665 -2223 (b) 5835 SW 62nd Terr South Miami, FL 33143 305 - 665 -6797 (h) 305 - 638 -6329 (b) 6130 Sunset Drive So. Miami, FL 305- 663 -6341 (b) 305 - 667 -5453 (h) 305 - 662 -7475 (home fax) 305 - 376 -7035 beeper 6/1/2001 5/18/2001 5/18/2001 2/5/2002 CITY OF SOUTH MIAMI JUNIOR BOARDICOMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 Phone No. 305- 663 -6340 Far No. 305- 663 -6348 1. Name: l'_ 'T Ci✓(1G� �c..lQ(eZ (Please print) n 2. Home Address: Cp ?J1) CD C,(,) 3. Name of School: C C-) C- CA- _ � !�l p 2 4. School Address: 10 \ U� SW S. Home Phone No. Date of Birth: 10 / \ S�— / ; 6. Are you a resident of the City? Yes X No 7. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one extra - curricular activity. S. Ethnic Origin? Anglo American _ African American _ Hispanic American X Other Signature Date Applicant 6-iLi_00 Signature /1 L ,C[,yit,C /t( Date Parent /Guardia State of Florida County of INIiami -Dade Sworn to (or affirmed) before me this day of A, 2000, by C/1 Cxvt A ju a ✓t z._ (seal of Notary) _4 'ys RONETfA :TAYL09 MY COMMISSION C 616363 - A EXPIRES: Ma 2001 Bonded Thni No Lary P Undemftra X1--ni-r.", 2'. /e - Ff --- Signature 'Notary �- Printed Name of Notary Personally known OR produced identification Type of identification produced ,C�e�./ 61a -lod r.SJ: 7,4-f THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED 6350 SW 65 Avenue. South Miami FL 33143 elisa tatiana @hotmaii.com Elisa TaiianaJudrez August 16,.2000 South. Miami. Commission. of Women. 6130 Sunset Drive South Miami, FL 33143 Dear Madam: I have enclosed my application to serve. as. a member of the City of South Miami Junior Commission of Women. I tried to get all the required documents during the summer, but there are two recommendation letters that I will have to send you when school stprts at the end of this month. I'm looking.forward to working.with you here in our city. Please let me know if you have any questions or concerns. Sincerely,. Elisa Tatiana Juarez . . . . . . . . . . . . . . . . . . . . . . . . . . . . " - To Whom It May Concern: It has been my pleasure to have known Elisa Juarez for three years. Elisa was one of the first students entering Coral Reef Senior High School. I was her science teacher and have become her mentor and friend. Elisa is an extremely dedicated and motivated young lady. She doesn't know the meaning-of the word impossible. She has been the Grand Prize winner at the South Florida Science and Engineering Fair for the past two years! Additionally she has been selected to represent Miami -Dade County for the past two years at the International Science and Engineering Fair (ISEF), where she won a first place award from the United States Air Force. Elisa-is a warm and caring individual, accumulating several hundred hours of community service. She is very involved with her church youth group and maintains a seat on the board of many national student organizations. Recently she has been nominated by Mr. Roger Cuevas, Superintendent of Miami -Dade Schools to act as a student liaison among teachers, students, and the school board in a project involving raising science and math awareness. Without any reservation I nominate Elisa Juarez as a member of the South Miami Junior Commission for Women. She will be an asset to your board. Sincerely, 6aXb_A-- Barbara Zeiler Science Teacher Coral Reef SHS CARRIE P. MEEK 17THDIsTRICT; FLORIDA- COMMITTEE ON APPROPRIATIONS SUBCOMMITTEES TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT VA. HUD, AND INDEPENDENT AGENCIES Ms.. Elisa Juarez ¢350 S.W. 651h Ave. Miami, Florida 33143 Dear Ms. Juarez: (Congreo- of the Eln,teb Ztatefs W10"t of .. a regertratibPg aoington, AW 20515 -0917 June 8, 2000 Please Respond To: 401 CANNON HOUSE OFFICE BUILDING -� WASHINGTON, DC 20515 (202) 225 -4506 (202) 226 -0777 FAX 3550 BIsr-AYNE BLVD. t SUMS 500 �J MIAMI, FL 33137 (305) 576-9303 (305) 576 -9753 FAX Congratulations on being selected a finalist in the Intel International Science and Engineering Fair (Intel ISEF)l would like to.-join _your. family and friends -in celebrating -the significance of your achievement. As a finalist- among--1;200 students from over -40 countries, your selection represents a successful culmination of this phase of your personal development and character building. This- milestone -is -truly one of the most reassuring testimonies -:for your- family -to rejoice and exalt. By garnering this honor_ and ._by- competing- against the world's -best students in one of the -- life - science- categories' truly enhanced. your stature by responding - conscientiously to -the demands of both personal responsibility and self - discipline. -Your dedication to your studies. has_certainly-- provided you. with. the crucial- motivation. with -:which to engage-yourself responsibly in your chosen field of. endeavor- at an even-- higher, -more- demanding .phase of your life. urge your continued -pum t-af_excellence -in -the years - ahead- so that your example - _of- -comrnitment can - become -a- source af- inspiration -:for those - willing- to_sacr_Mce.and- .. —_ -. - -. -_ make- full use -ofitheirGod -given gifts and talents. You can rest assured that you have certainly made your family and your school - proud! Best wishes and Godspeed- irrall _your future undertakings! Sincerely, CARRIE-P._. MEEK Member of Congress CPM /egr (B) H112.zws - PASSPORT. NAATN- GP01 -H11:2 GPA /CLASS-RANK INDIVIDTJAL UPDATE SCREEN July 11, 2000, 09:01:23 07/11/00 09:06:09 STUDENT ID: 1974535 NAME: JUAREZ ELISA TATIANA SCHOOL NUMBER..- 710-1 SEX:- F ETHNIC - H GRADE: 11 RANKING SCHOOL: 7101 TOTAL NUMBER IN CLASS: 0854 RANK : PERCENTI -'LE -. - _ AS. OF DATE : 09 / 21 / 99 GPA. UNWE-IGHTED- GPA: 3--. 268-- - -AS- OF- DATE-. .02 / 11 l 00 FINAL UNWEIGfiT ED GPA-: 3- . 2-5-0 -- -AS_- 4F- DATE : 06 / 23 / 00 UNWEIGHTED CUMULATIVE. GPA:. 3 . 167 AS OF DATE.: 0.6 / 17 / 00 LAST OPERATOR INITIALS: DATE: *RETURN =CLEAR - - -43 -o _Q _o CO �. � a 9 -o N cd O N CE RTIFICATE OF RECOGNITION Presented to- In Recognition of Outstanding-Leadership Potential as Demonstrated by the Desire to Learn and to Share Knowledge with-the-Respect-for Fellow Human- Beings- Given this I e day of May, 1999 Pry by j HOBYLeadersh&46inar Chairperson THE FREEDOM MCHOOSE I do not believe . we are all born equal. Physical -and emotional differences; parental guidance, varying environments; being - in the right place at the right time all -play a role in enhancing or limiting individual development But I do believe every man or woman, if-given the opportunity and encouragement to recognize his or her potential regardless of background„ has - the fieedom to choose in our world Will an individual be a taker or a giver in life? °Will that person be satisfied merely to - exist or seek meaningful purpose? Will-he or she dare to dream the impossible dream? I believe each person is created as a steward of his or her own-destiny with a great-power for specific purpose; to share with others, through service, a reverence for life in a spirit of love. Hugh O'Brian Founder ■ C- Ju 41 m p._S s. 'G - . fa �fA -T f. DAL- V _ a _ w � v =oW-._ f.�/.. - �y� -0__. -3 of m In v _ . Cf _ O G C- Ju 41 m p._S s. 'G - . fa �fA -T f. DAL- V _ a _ w � v =oW-._ f.�/.. - �y� -0__. -3 of m In Aug 28 Ott 09:55p juarez family 305 667 6088 p,l F-LISA TATIANA JUAREZ PAX TRANSMITTAL SKEET TO: FROM: Ms. Mary Scott Rtssscl Elisa Tanana Jui= COMPANY: DATE: South Miami Commission. of Women 08/29/2" PAS N1314mTSK TOTAL NO. OF PAGES INCLUDING COVER M5- 663 -63& 2 PHONE NUMBER: 305-663-66 X URGENT QFOR REVIEW IS PLEASE COMMENT ❑ PLEASZREP1 Y Q PLILASP, RrCYCLE N C1'I'13J /(;U 1tMENTJ: Dcar Ms. R,,soli, 1hopcyouhavc had ag=at.suT ec.. Ij=- smart:eri-srhaol- dvs:weeka rd was -alb to gcr fl= att=h:d let --cf. recomamidation, dip-last doam=t I needed to complete my application pack-et to participate on. the City of South Msmi Junior Commissiouof Womem Igave-the od$erdocuments to Ms. Rozic=TayioronAug=17. She also notarized my applicatim form that day_ Pm looking forward to hcamg fmnryoq and: hope to stat;t'worlang witiz you and the other convrission me nbers soon. -&TSB SW GS AVENUE', SOUTH MIAMI, FL 33143 Aug 29 00 09:55p juarez family 305 667 6088 p.2 CORAL REEF ,SENIOR HIGH SCHOOL 10101 Southwest 152nd Street Miami, Florida 33157 (305) 232 -2044 Fax: (305) 252 -3454 "School of Excellence" Greg Za.wyer Prir c )al August 26, 2000 To Whom It May Concern: Roger C. Cuevas Superintendent Dada County Pudic Sdads George M. Koonce, Jr. Region Superintendent Region VI Operations It is my pleasure to recommend Elisa Juarez for the City of South Miami Junior Board. In the two years that I have known Elisa, she has proven herself to be a diliclent, hard - working, self - directed, cooperative, and helpful young woman. Despite having a highly rigorous course of study that is evaluated on international standards of excellence, she is deeply committed to community service and malting life better for others in her area. Her positive attitude inspires her peers and makes her a natural leader. Additionally, she offered to help me after school with some administrative work that I kept putting off. She completely organized the information and entered the data, and enlisted a friend to help as well. I know Elisa will be successful in life, and I know she will be a benefit to your organization. I strongly urge you to accept her application. If you wish to discuss Elisa's qualifications further, please contact me at 305 -232- 2044 extension 469 or email me at tabsmile _earthlink.net. Sincerely, c Tracey Burger IB Community Service Coordinator Miami's Mega Magnet fQ QR'fiLA R'.. my CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/11/00 AGENDA ITEM #_JQ FROM: Charles D. Scurr Comm. Mtg. 9/1/00 City Manager Planning Board THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING AND BROADCASTING OF PLANNING BOARD MEETING ON CABLE CHANNEL FIVE; PROVIDING AN EFFECTIVE DATE BACKGROUND The attached resolution sponsored by Vice Mayor Feliu and Commissioner Wiscombe directs the City Manager to provide or the video taping and broadcasting of Planning Board meetings on Cable Channel Five. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE VIDEO TAPING AND BROADCASTING OF PLANNING BOARD MEETINGS ON CABLE CHANNEL FIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the importance of conducting City business in a constructive and ethical environment; and WHEREAS, the Mayor and City Commission wish to expound upon the City's commitment to "excellence, integrity, and inclusion" by establishing as a guiding principle by which Planning Board meetings are video tapes and broadcast on Cable Channel Five. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section L. The City Manger is hereby directed to provide for the video taping and broadcasting of Planning Board meetings on Cable Channel Five. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 12000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by O VeNtriking. •:1t`b>.� i CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9 /1 / /00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/1/00 City Manager Regular Pension Brd THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MARIA ELENA STOUT -TATE, AS EMPLOYEE REPRESENTATIVE TO THE PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 51 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Maria Elena Stout -Tate as employee representative to the Regular Pension Board. Term of appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MARIA ELENA STOUT -TATE, AS EMPLOYEE REPRESENTATIVE TO THE PENSION BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Maria Elena Stout -Tate, as employee representative to serve on the Regular Pension Board. This appoint shall expire September 5, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Maria Elena Stout -Tate, as employee representative to serve on the Regular Pension Board. Section 2. The expiration date of this appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: 'i `•'� , 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Aiiiiik CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 - 663 -6348 �- 1. Name: Yl►,Q (: e.n� S�'Ou r� �0.�e (Please print) 2. Home Address: 3;z0 .Sw 1Sfir, Sfieef 3. Business Address: 6(30 SucASz� 4. S. Home Phone No. SOS �Q 3 `t 3C Education Back round• g Business Phone No. a ( 33 /S-7 0 6. Community Service: `/ �e^Jec� 2s a onze-� W�S�rh���KeJ �P �KC�T J/auA - -�O�lsv Aetc(i 8. Are you a 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 1/ 11. Ethnic Origin? Anglo American_ African American _ Hispanic American_ Other Signature Date 9::! THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 r" Qel FROM: SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM Mayor and City Commission DATE: August 31, 2000 Charles Scurr, City Manager ?44 RE: Agenda Item # /i0` Commission Meeting 915//00 Fev Authorization to Upgrade Police Dept. Computer Technology with Purchase of Mobile Data Terminals from USA Software, Inc. REQUEST Authorization to upgrade Police Department computer technology with purchase of Mobile Data Terminals from USA Software, Inc. BACKGROUND AND ANALYSIS The Police Department currently utilizes USA Software, Inc. as the proprietary vendor for records management and GIS mapping. Last year, a U.S. Department of Justice COPS Grant was awarded to the Department for an upgrade of the system to add mobile data terminals to the Police Department's patrol cars. An extensive search and study of the mobile computing issue has revealed that the most cost effective, productive plan is to utilize USA Software, Inc. to provide the necessary infrastructure, software, hardware and technical support for the project. The total expenditure of $154,952.80 will provide mounts in each of the 22 patrol vehicles with twelve (12) laptop computers to be shared from shift to shift. Productivity will increase as patrol officers obtain the ability to query state and national crime information systems for wanted persons, vehicles and articles. They will also have car -to -car instant e-mail capabilities and field access to the department's "in- house" records. Further expansion of the system would include voiceless computer aided dispatching to enhance our already excellent response times and field report writing. -2- Funding for this project will come from the following sources: - 1998 COPS More Grant $112,500 - Police Federal Forfeiture Acct #615- 1910 -521 -6430 37,500* (Required local match of COPS More Grant) - 1999 Local Law Enforcement Block Grant 4,952.80 *This will require a transfer from the Federal Forfeiture Fund cash balance of $135,213.11, leaving a balance after this transaction of $97,713.11. RECOMMENDATION Approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $154,952.80 TO USA SOFTWARE, INC. FOR THE PURCHASE OF MOBILE DATA TERMINALS FOR THE POLICE DEPARTMENT. WHEREAS, the Police Department currently utilizes USA Software, Inc. as the proprietary vendor for records management and GIS mapping; and WHEREAS, in 1999 a U.S. Department of Justice COPS Grant was awarded to the Department for an upgrade of the system to add mobile data terminals to patrol cars; and WHEREAS, an extensive search has revealed that the most cost effective, productive plan is to utilize USA Software, Inc. to provide the necessary infrastructure, software, hardware and technical support for the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City manager is authorized to disburse a sum not to exceed the amount of $154,952.80 to USA Software, Inc. from the following accounts: 1998 COPS More Grant $112,500.00 615- 1910 -521 -6430 (Federal Forfeiture) 37,500.00 (Required local match of COPS More Grant) 1999 Local Law Enforcement Block Grant 4,952.80 Section 2: That this resolution be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of September, 2000. ATTEST: CITY CLERK CITY ATTORNEY APPROVED: MAYOR c5va��—& vi FACSIMILE TRANSMITTAL SHEET TO: FROM: Assist. Chief Mike Mills Richard Conroy COMPANY: DATE: South Miami Police Department 08/30/00 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (305) 663 -6353 4 PHONE NUMBER: SENDER'S REFERENCE NUMBER: (305) 663 -6310 RE: YOUR REFERENCE NUMBER: UPDATED PROPOSAL ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: Updated proposal attached per our phone discussion this date. I will send a clean hard copy overnight by Federal Express. Call if you have questions ....... (804) 379 -2156 Eastem Regional Office 12625 Dannyhill Rd., Midlothian, VA 23113 Phone: (804) 379 -2156 Fax: (804) 794 -7586 4801 S. University Drive, #305 Ft. Lauderdale, FL 33328 o (954) 434 -2242 Agency: South Miami Police Department Address: 6130 Sunset Drive City: South Miami, FL 33143 Attention: Assistant Chief Mike Mills Phone: (305) 663 -6310 Fax: (305) 663 -6353 Date: 8130/2000 Crime File 2000 Information Management System Mobile Data System Upgrade to Existing USA Software RMS Model Description Cost QTY Total USA / Cerulean Client Interface South Miami Police Dept. MDT 12 Mobile Units 122 Mounts $2,400.00 USA Software Project Management $ 1,500.00 1 $1,500.00 Cerulean Software $ 1,000.00 1 $1,000.00 USA Travel Expenses $ 500.00 1 PC10 Cerulean Packet Cluster Server Software 10 seats $14,000.00 $1,600.00 1 $14,000.00 PCM4 -1 Cerulean Packet Cluster Mobile Software -12 units $ 995.00 12 $11,940.00 STI2 Cerulean State Interface Software $ 8,420.00 1 $8,420.00 Baseswgen Cerulean Single Server Seat Add -on $ 1,200.00 2 $2,400.00 Maint Cerulean Server Maintenance Yr.1 $ 2,520.00 1 $2,520.00 Maint Cerulean Client Maintenance - Yr. 1 $ 2,149.20 1 $2,149.20 Maint Cerulean State Interface Maintenance - Yr.1 $ 1,515.60 1 $1,515.60 $42,944.80 USA Software USA/ Cerulean Interface $ 8,500.00 1 $8,500.00 USA / Cerulean Client Interface $ 200.00 12 $2,400.00 USA Software Project Management $ 1,500.00 1 $1,500.00 USA System Configuration $ 1,000.00 1 $1,000.00 USA Travel Expenses $ 500.00 1 $500.00 USA Installation, Documentation and Training $ 800.00 2 $1,600.00 USA Software Annual Support Agreement $ 1,635.00 1 $1,635.00 $17,135.00 CII 110eli Message Switch PIII 667MHz; 20/48x, IDE,CXD -ROM; 9GB SCSI Hard Drive; 256K Full Speed Cache w/ integrated 3Com Fast.XL 10 /100Mb /s; RIMM, 128MS, PC600 300MHz memory; 56K Internal modem; 17" Monitor; Video Card; Keyboard; 3yr next day parts /labor on -site warranty $ 5,500.00 1 $5,500.00 Cll Laptop Computers MTS Intel Celeron 500 MHZ Notebook; 2 Type II PCMCIA slots; Internal Floppy; 24X CD -ROM USB Ports; Heat resistant and Brushed silver case coloring; 64MB RAM; 6GB HD; 14.1" 1024x728 Display; 8MB Video RAM; Sound Card; Lithium Ion Battery; Touch Pad Pointing Device; Cary Case; AC Adapter, 1 yr. Parts and labor warranty $ 2,499.00 12 $29,988.00 Prepared by: Richard J. Conroy 08/30/00 Options Upgrade Laptop to Pentium 111 600 CPU $ 225.00 12 Additional 3yr. Laptop service contract $ 200.00 12 Notes 1. CDPD requires contract with ATT. 2. Maunfactures prices subject to change without notice. 3. Proposal subject to final engineering approval. 4. Requires Frame Relay from local carrier. Customer to provide. 5. PC Anywhere must be installed on the message switch server for support. 6. Proposal replaces all previous proposals and configurations. 2,700.00 2,400.00 Prepared by: Richard J. Conroy 08/30/00 Vechicle Mounts for Crown Victoria (GIJ) DS59 Vehicle Base for Crown Vicoria $ 82.50 22 $1,815.00 DS Pole Lower DS Pole Assembly Lower $ 56.25 22 $1,237.50 Quad Quad Motion TS3 Swivel $ 119.00 22 $2,618.00 DS- Clevis Tilt Swivel Attachment for DS $ 49.50 22 $1,089.00 79697 Charge Guard $ 79.00 22 $1,738.00 NP -LITE3 Halogen Light w/ Red cover $ 74.25 22 $1,633.50 NP- notepad3 Universal Laptop Mount Ver 3 $ 171.75 22 $3,778.50 7110 - -242 Vibration Isolator $ 89.25 22 $1,963.50 $15,873.00 Wireless Modems 1100055 Air Card 350 $ 679.00 12 8,148.00 6000072 PCM /CIA Card Coax Adapter $ 39.00 22 858.00 KG825UD Glass Mount CDPD Antenna $ 65.00 22 1,430.00 PP300 DC Inverter $ 79.00 22 1,738.00 $12,174.00 Technical Services Cil Project Management $ 6,150.00 1 6,150.00 C11-10 Server Configuration $ 1,320.00 1 1,320.00 CII -24 Admin. and Client Training $ 1,872.00 1 1,872.00 CII -4 Server PCS Install and Configuration $ 440.00 1 440.00 CII Mobile Software Install $ 110.00 12 1,320.00 CII -5 System Testing and Acceptance $ 1,100.00 1 1,100.00 12,202.00 Install Services CII-6 Computer Mount and Modem Install $ 245.00 22 5,390.00 3rd Party Services Cerulean Project Management $ 6,150.00 1 6,150.00 AT &T CDPD Service One Year $ 588.00 12 7,056.00 AT &T CDPD Activations $ 45.00 12 540.00 13,746.00 Totals $154,952.80 Options Upgrade Laptop to Pentium 111 600 CPU $ 225.00 12 Additional 3yr. Laptop service contract $ 200.00 12 Notes 1. CDPD requires contract with ATT. 2. Maunfactures prices subject to change without notice. 3. Proposal subject to final engineering approval. 4. Requires Frame Relay from local carrier. Customer to provide. 5. PC Anywhere must be installed on the message switch server for support. 6. Proposal replaces all previous proposals and configurations. 2,700.00 2,400.00 Prepared by: Richard J. Conroy 08/30/00 Payment Terms & Conditions: Payment for all materials and supplies furnished, delivered and accepted under this proposal (excluding CDPD activations, frame relay and monthly /yearly CDPD unit fees) shall be made within thirty (30) days from the date of invoice in accordance with the following schedule: 1. 100% of hardware amount upon delivery = $63,535.00 2. 30% of software /services upon issuing a purchase order to USA Software,lnc.= $27,425.34 3. 30% of software /services upon delivery of software = $27,425.34 4. 30% of software /services upon installation of software = $27,425.34 ** Agency will be invoiced on a pro -rata basis for each mobile install, if install exceeds 30 days. 5. 10% of software /services upon final system acceptance = $9,141.78 Prepared by: Richard J. Conroy 08/30/00 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 911100 AGENDA ITEM #_t3_ FROM: Charles D. Scurr Comm. Mtg. 915100 City Manager Personnel REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL; DIRECTING THE CITY MANAGER TO INITIATE BY THE END OF DECEMBER 2000 STEPS TO ASSESS THE ADEQUACY OF SUPPORT STAFF AVAILABLE TO THE CITY'S DEPARTMENT HEADS; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu directs the City Manager to initiate steps to assess the adequacy of support staff available to department directors. In a continuing effort to make the City of South Miami a better place to work the Commission For Women asked that the Commission carefully look at the staffing of departments within the City. The adoption of this resolution would require the initiation of this assessment by the and of December 2000. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 PERSONNEL; DIRECTING THE CITY MANAGER TO 6 INITIATE BY THE END OF DECEMBER 2000 STEPS TO 7 ASSESS THE ADEQUACY OF SUPPORT STAFF AVAILABLE 8 TO THE CITY'S DEPARTMENT HEADS; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami 12 recognizes the valuable contributions made by all individuals employed by the 13 City, especially those who provide support to department heads; and, 14 15 WHEREAS, it is not uncommon for support staff to be doing their assigned 16 work and the work of another staff position which has not been filled, while being 17 paid for only one position; and 18 19 WHEREAS, it is not uncommon for support staff to be left at a lower 20 paying position after obtaining credentials for a higher level position; and 21 22 WHEREAS, it is the desire of this Commission to assess all employee's 23 jobs and thereby establish clear guidelines as to duties, responsibilities and just 24 compensation for each position; and 25 26 WHEREAS, it is the desire of the Commission to establish an environment 27 where there is equal pay for equal work at all levels within the City of South 28 Miami. 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 32 33 Section 1. The City Manager is hereby directed to initiate by the end of 34 December 2000 steps to assess the adequacy of support staff available to the 35 City's department heads, beginning with the Parks and Recreation Department, the 36 Clerk's Office and Building and Zoning. 37 38 Section 2. The results of this assessment will be used to: a) ensure that 39 department heads are adequately supported to create a work environment 40 conducive to maximum productivity, effectiveness and efficiency and a general 41 better quality of life for all employees; b) ensure that all employees are being Additions shown by underlining and deletions shown by ever-str-ikin . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 employed to their maximum potential; and c) ensure that all employees of the City of South Miami are receiving equal pay for equal work. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI COMMISSION FOR WOMEN Barbara lean Raskin, Chair Nancy Ellen Titus, Vice Chair btacarena Carrretero Monique de Paredes Debra Jean Davis Donna Masson Kalenthia Nunually Joyce 61. Price Jena J. Staly Mary Scott Russell, City Commission Liaison Ana M. Garcia, City Staff Liaison August 18, 2000 Mayor Julio Robaina City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Robaina: In our continuing effort to make our city the best place to live and to work, The Commission for Women asks you and the Commission to carefully look at the staffing of departments within the city as you work on the budget for 2000 -2001. It is apparent there is a desire to establish gender pay equity within the City, i.e. "equal pay for equal work ". Although the task is not yet complete, we recognize the beginnings of "a process ". However, if one is ultimately doing the work of two people or utilizing inappropriately trained staff, additional compensation becomes a moot point when the job cannot be done property. Having to work with inadequate support staff defeats increasing compensation. For example, secretaries being used in a capacity other than secretarial should be reclassified and compensated appropriately, then secretaries should be hired to do secretarial work. We respectfully request that you assess the adequacy of support staff available to the Directors of the City's departments. We are confident you will find overworked, incorrectly classified and consequently under compensated employees causing Directors to be overworked and consequently not optimally effective. Thank you once again for listening. If you would like to discuss this with me further, I may be reached at 305- 666 -5319. Cordially yours, Barbara Jean Raskin, Chair Cc: Vice Mayor Feliu Commissioner Bethel Commissioner Russell Commissioner Wiscombe Charles Scurr, Manager Ana Garcia, City Liaison to Commission for Women To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: September 1, 2000 Agenda Item # Commission Meeting September 5, 2000 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $17,020.92. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 10690.90 $ 3,982.00 Account # 1500 -3435 Professional Services - $ 2,000.00 $ 918.12 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ 20,110.00 $ Account #610- 1120 -554 -3415 Legal Services Non Retainer $ 13,607.06 $ 9,915.29 Account # 1500 -3410 A detailed Billing Statement is attached. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $17,020.92 CHARGING $2,205.51 TO ACCOUNT NO. 1500 -514- 8 3452, CODE ENFORCEMENT; CHARGING $3,982.00 TO 9 ACCOUNT NO. 1500 - 514 -3435, REAL 10 PROPERTY/FORECLOSURE; CHARGING $9,915.29 TO 11 ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - 12 RETAINER; AND CHARGING $918.12 TO ACCOUNT NO. 608- 13 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 July 31, 2000, in the amount of $17,020.92; and, 23 24 WHEREAS, the City Attorney - recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $17,020.92, are approved for 32 payment and charging $2,205.51 to account no. 1500 -514 -3452, code 33 enforcement; charging $3,982.00 to account no. 1500 -514 -3435, real 34 estate /foreclosure; charging $9,915.29 to account no. 1500 -514 -3410, legal, non - 35 retainer; and charging $918.12 to account no. 608 - 1910 -521 -3100, forfeitures. 36 37 Section 2. This resolution shall take effect immediately upon approval. 38 Additions shown by underlining and deletions shown by ever. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52000. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell 6100\Documents \City of South Miami \0022 - 001 \6430.doc Page 2 of 2 NAGIN GALLOP FIGUEREDOP-k. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351 August 21, 2000 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurr: Enclosed are our statements for professional services rendered and for costs advanced for the period ending July 31, 2000, in the amount of $17,020.92. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate 0022 -003 Williamson Foreclosure 0022 -023 Parking Garage Contract Prof 1 Services Disbursements Total Due Prof 'l Services Disbursements Total Due Prof 1 Services Disbursements Total Due $ 927.50 0.00 927.50 $ 1,182.50 77.00 1,259.50 $ 5,672.50 16.75 5,689.25 0022 -027 Bruce v. Code Enforcement Prof 1 Services $ 1,975.00 Disbursements 230.51 Total Due 2,205.51 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI August 21, 2000 Page 2 of 5 0022 -030 Jhuboolall v. City of South Miami, et al. Prof 'I Services $ 52.50 Disbursements 0.00 Total Due 52.50 0022 -034 CSM v. Third Group Mortgage Prof 'I Services $ 35.00 Disbursements 0.00 Total Due 35.00 0022 -041 Anderson v. Dawkins Prof 1 Services $ 1,228.25 Disbursements 56.75 Total Due 1,285.00 0022 -046 Lisea Merrick v. City of South Miami Prof 'I Services $ 210.00 Disbursements 0.00 Total Due 210.00 0022 -051 Forfeiture of 1993 Mercedes Benz Prof 'I Services $ 60.00 Disbursements 95.15 Total Due 155.15 0022 -052 City of South Miami v. J. Jackson Prof'1 Services $ 1,545.00 Disbursements 400.70 Total Due 1,945.70 0022 -053 Forfeiture of $1,941.00 US Currency, Prof 1 Services $ 50.00 Gold, and Rare Coins Disbursements 13.50 Total Due 63.50 0022 -054 Forfeiture of 2000 Honda Profl Services $ 537.50 Disbursements 0.00 Total Due 537.50 0022 -0056 Forfeiture of $16,890.00 Profl Services $ 0.00 Disbursements 11.97 Total Due 11.97 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI August 21, 2000 Page 3 of 5 0022 -058 Astbury, et al. v.CSM (HUD Complaints) Prof 'I Services Disbursements Total Due 0022 -059 Habitat v. Mary Johnson Prof 1 Services Disbursements Total Due 0022 -060 Citimortgage v. Rivero Prof 1 Services Disbursements Total Due 0022 -062 Forfeiture of 1989 Lincoln Mark VII Prof 1 Services Disbursements Total Due $ 2,002.50 15.34 2,017.84 $ 430.00 0.00 430.00 $ 45.00 0.00 45.00 $ 150.00 0.00 150.00 CURRENT TOTAL DUE $ 17,020.92 Also enclosed are statements reflecting past due balances as of July 31, 2000. I have set out below the amounts past due for each individual file as follows: 0022 -003 Williamson Foreclosure Prof 1 Services $ 435.00 Statement No. 7195 dated 07107100 Disbursements 72.58 Total Due 507.58 0022 -023 Parking Garage Contract Statement No. 7198 dated 07107100 0022 -027 Bruce v. Code Enforcement Statement No. 7199 dated 07107100 Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due $ 2,572.50 109.00 2,681.50 $ 1,960.00 271.91 2,231.91 0022 -030 Jhubollal v. CSM Prof 'I Services $ 0.00 Statement No. 7200 dated 07107100 Disbursements 1.74 Total Due 1.74 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI August 21, 2000 Page 4 of 5 0022 -034 CSM v. Third Group Mortgage Statement No. 7201 dated 07/07/00 0022 -041 Anderson v. Dawkins, et al. Statement No. 7203 dated 07107100 0022 -042 Forfeiture of 1981 Oldsmobile Statement No. 7204 dated 07/07/00 0022 -043 Forfeiture of 1993 White-Ford Statement No. 7205 dated 07/07/00 0022 -046 Merrick v. City of South Miami Statement No. 7208 dated 07/07/00 0022 -048 Forfeiture of 1985 Blue Chevy Statement No. 7210 dated 07/07/00 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7213 dated 07107100 0022 -052 CSM v. Johnny Jackson Statement No. 7214 dated 07107100 0022 -053 Forfeiture of $1,941.00, etc. Statement No. 7215 dated 07107100 0022 -054 Forfeiture of 2000 Honda Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services $ 0.00 6.00 6.00 $ 150.00 38.50 188.50 $ 90.00 31.06 121.06 $ 80.00 5.02 85.02 $ 0.00 37.08 37.08 $ 0.00 11.95 11.95 $ 60.00 6.64 66.64 $ 1,250.00 349.46 1,599.46 $ 0.00 42.20 42.20 $ 350.00 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI August 21, 2000 Page 5 of 5 Statement No. 7216 dated 07/07/00 Disbursements Total Due 0022 -056 Forfeiture of $16,890.00 Prof 1 Services Statement No. 7218 dated 07107100 Disbursements Total Due 0022 -057 Einstein Bagels Chapter 11 Prof 'I Services Statement No. 7219 dated 07/07/00 Disbursements Total Due TOTAL PAST DUE 19.66 369.66 $ 440.00 96.06 536.06 $ 0.00 4.50 4.50 $ 8,490.86 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Nagin Gallop Figueredo, P.A. Finance Department Req. No. 33 Date: August 21, 2000 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Code Enforcement 1500 -514 -3452 $2,205.51 $2,205.51 Balances Verified (Except As Otherwise Noted) City Manager 2 6 Real Estate/Foreclosure 1500 -514 -3435 $3,982.00 $3,982.00 3 5 Legal, Non - Retainer 1500 -514 -3410 $9,915.29 $9,915.29 4 5 Forfeitures 608 - 1910 -521 -3100 $918.12 $918.12 TOTAL $17,020.92 Purchase Order No. I Terms/Discount I Hereby Certify That The Above Coding of Accounts Approved Purchases as Above Approved and Material, Equipment, Or Service Is Issuance of Purchase Order Essential And A Proper Request Authorized Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) City Manager Head of Department Finance Department Nr1GIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 August 21, 2000 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive City of South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer DO NOT PAY Dear Mr. Scurr: For your information, enclosed is our statement for retainer fees and costs advanced for the period ending July 31, 2000. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Very truly yours, Earl G. Gallop EGG:daj Enclosure cc: Mayor and City Commission TAGIN G ALLOPFIGL EREDO" r1tt0rne;'s c counselors 3225 Aviation Avenue - Third Floor Telephone. (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 August 21, 2000 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurr: Enclosed are our statements for professional services rendered and for costs advanced for the period ending July 31, 2000, in the amount of $17,020.92. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate 0022 -003 Williamson Foreclosure 0022 -023 Parking Garage Contract 0022 -027 Bruce v. Code Enforcement Prof l Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof'l Services Disbursements Total Due $ 927.50 0.00 927.50 $ 1,182.50 77.00 1,259.50 - $ 5,672.50 16.75 5,689.25 S 1,975.00 230.51 2,205.51 Charles D. Scurr. City Manager CITY OF SOUTH MIAMI August 21, 2000 Page 2 of 5 0022 -030 Jhuboolall v. City of South Miami, et al. Prof'I Services S 52.50 Disbursements 0.00 Total Due 52.50 0022 -034 CSM v. Third Group Mortgage Protl Services $ 35.00 Disbursements 0.00 Total Due 35.00 - 0022 -041 Anderson v. Dawkins Prof I Services $ 1,228.25 Disbursements 56.75 Total Due 1,285.00 0022 -046 Lisea Merrick v. City of South Miatni Prof'1 Services $ 210.00 Disbursements 0.00 Total Due 2 10. 00 0022 -051 Forfeiture of 1993 Mercedes Benz Prof'l Services $ 60.00 Disbursements 95.15 Total Due 155.15 0022 -052 City of South Miami v. J. Jackson Prot'l Services $ 1,545.00 Disbursements 400.70 Total Due 1,945.70 • 0022 -053 Forfeiture of S 1,94 l .00 US Currency, Prof 1 Services $ 50.00 Gold, and Rare Coins Disbursements 13.50 Total Due 63.50 . 0022 -054 Forfeiture of 2000 Honda Protl Services $ 537.50 Disbursements 0.00 Total Due 537.50' 0022 -0056 Forfeiture cal' S' 16.800.00 Prot I Services S 0.00 Disbursements 11.97 Total Due 11.97, Charles D. Scurr. City Manager CITY OF SOUTH MIAMI August 21. 2000 Page 3 of 5 0022 -058 Astbury, et al. v.CSM (HUD Complaints) Profl Services S 2,002.50 Disbursements 15.34 Total Due 2,017.84-- 0022 -059 Habitat v. Mary Johnson Prof I Services S 430.00 Disbursements 0.00 Total Due 430.00 0022 -060 Citimortgage v. Rivero Prof 1 Services S 45.00 Disbursements 0.00 Total Due 45.00 0022 -062 Forfeiture of 1989 Lincoln Mark VII Prof'l Services $ 150.00 Disbursements 0.00 Total Due 150.00- CURRENT TOTAL DUE $ 17,020.92 Also enclosed are statements reflecting past due balances as of July 31, 2000. I have set out below the amounts past duce for each individual file as follows: 0022 -003 Williamson Foreclosure Profl Services $ 435.00 Statement No. 7195 dated 07107100 Disbursements 72.58 Total Due 507.58 0022 -023 Parking Garage Contract Prof'l Services S 2,572.50 Statement No. 7198 dated 07107100 Disbursements 109.00 Total Due 2,681.50 0022 -027 Bruce v. Code Enforcement Profl Services $ 1,960.00 .Stcuc went No. 71 X99 date(! 07/07'00 Disbursements 271.91 Total Due 2.231.91 0022 -030 Jhubollal -,-. CSM ProfI Services S 0.00 Statenzent :Vo. 7100 date(107107i00 Disbursements 1.74 Total Due 1.74 Charles D. Scurr. City Manager CITY OF SOUTH MIAMI August 21. 2000 Page 4 of 5 0022 -034 CSM v. Third Group Mortgage Statement No. 7201 dates! 07/07/00 0022 -041 Anderson v. Dawkins. et al. Statement No. 7203 dated 07107100 0022 -042 Forfeiture of 1981 Oldsmobile Statement No. 7204 dated 07'07100 0022 -043 Forfeiture of 1993 White Ford Statement No. 7205 dated 07/07/00 0022 -046 Merrick v. City of South Miami Statement No. 7208 dared 07107100 0022 -048 Forfeiture of 1985 Blue Chevy Statement iVo. 7210 dated 07/07190 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7213 dated 07/07100 0022 -052 CSNI v. Johnny Jackson .Stateinent ,Vo. 7214 dared 07/07100 0022 -053 Forfeiture of 1.941.00. etc. Statement No. 7215 dated 07/07/00 -- ,7 Prof l Services Disbursements Total Due Prof l Services Disbursements Total Due Profl Services Disbursements Total Due Prof I Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prot,l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof I Services Disbursements Total Due Prot I Services Disbursements Total Due S 0.00 6.00 6.00 $ 150.00 38.50 188.50 $ 90.00 31.06 121.06 S 80.00 5.02 85.02 $ 0.00 37.08 37.08 $ 0.00 11.95 11.95 $ 60.00 6.64 66.64 $ 1,250.00 349.46 1.599.46 S 0.00 42.20 42.20 Charles D. Scurr. City Mana,er CITY OF SOUTH M IAN11 August 21. 2000 Page 5 of 5 0022 -054 Forfeiture of 2000 Honda Staternenu :Vo. �'1 h dated x77/07/00 0022 -056 Forfeiture of S 16.890.00 Statement ;Vo. 7218 dated 07107100 0022 -057 Einstein Bagels Chapter 1 1 Statement N'o. .' 19 dated 07107100 TOTAL PAST DUE Prof I Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prot'( Services Disbursements Total Due S 350.00 19.66 369.66 $ 440.00 96.06 536.06 $ 0.00 4.50 4.50 $ 8,490.86 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami. Florida 33143 Vendor: Nagin Gallop Figueredo, P.A. Req. No. 33 Date: August 21, 2000 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Code Enforcement 1500 -514 -3452 52,205.51 52,205.51 4g. Balances Verified (Except As Otherwise Noted) City Manager Head of Department Finance Department 2 6 Real Estate /Foreclosure 1500 -514 -3435 $3,982.00 $3,982.00 3 5 Legal, Non - Retainer 1500 -514 -3410 59,915.29 59,915.29 4 1 5 Forfeitures 608 - 1910 -521 -3100 5918.12 1 $918.12 TOTAL 1 $17,020.92 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Coding of Accounts Approved Purchases as Above Approved and Material, Equipment, Or Service Is Issuance of Purchase Order Essential And A Proper Request Authorized Against The Codes Charge Sufficiency of Appropriation 4g. Balances Verified (Except As Otherwise Noted) City Manager Head of Department Finance Department CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUERED0RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 City Manager ..-..__....--- ........--- .___...__....._ -_ -_- August 4, 2000 Charles D. Scurr ��j Matter ID: 0022 -001 �o�J i City of South Miami General Municipal 6130 Sunset Drive Statement No. 7497 City of South Miami, FL 33143 Hours Amount 07/03/2000 EGG Attended meeting with comm'r. Russell and Mr. Piniero regarding 0.50 87.50 vacation of ROW with portions going to Mr. Piniero and Mr. Yarborough. 07/06/2000 EGG Telephone conference with comm'r. Wiscombe regarding scheduled 0.20 meeting on SPG agreement and complaints filed with HUD by relocated tenants. 07/06/2000 EGG Telephone conference with comm'r. Bethel regarding preparing 0.10 ordinance to prohibit persons who sit on board and committees, or who are employeed by the city from doing business with the city for a period of 2 years after their term expires. 07/06/2000 EGG Reviewed notice of slip and fall claim by Mr. Raul Marrero; confirmed 0.20 that Mr. Oshikoya forwarded claim to Florida League of Cities Self Insurance Trust Fund for handling. 07107/2000 EGG Attention to quiet title action by Habitat for Humanity regarding 0.90 property upon which city holds liens for clean -up costs, and to mortgage foreclosure action which names city a lien holder; prepared memorandum regarding current subjects city attorney is working on. 07/12/2000 EGG Telephone conference with Mayor Robaina regarding Florida Attorney 0.30 General's opinion on gun lock ordinance and HUD complaints. 07112/2000 EGG Telephone conferences with Marc Caputo, Palm Beach Post, and 0.30 Dawn Winn, ass't. Palm Beach attorney, regarding gun lock ordinance. 07/12/2000 EGG Telephone conferences with Mr. Scurr regarding a variety of 0.80 municipal matters and Mr. Basu regarding parking for project behind Deli Lane. 07/13/2000 EAB Attended meeting with Code Enforcement Officers, Eva Rosa, and 2.50 Sonia Lama regarding questions and review of "new" Code Enforcement Ordinance, Code Enforcement procedures, jand analysis of the "new" junked vehicle ordinance. 35.00 17.50 35.00 157.50 52.50 52.50 140.00 375.00 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 2 07/13/2000 EGG Reviewed legal description and survey for right turn lane at Einstein 0.30 52.50 Bagels Shop; prepared letter to Mr. Previtti regarding preparing deed and release of liens. 07/13/2000 EGG Reviewed and provided comments on revised employment 0.70 122.50 application. 07/14/2000 EGG 07/1312000 EGG Analyzed corporate documents of Miller Oaks Homeowner's 1.20 210.00 Association and prepared memorandum regarding inadequate regarding parking in the access easement area. protection of city's interests in maintaining common areas. 07/14/2000 EGG 07/14/2000 EAB Telephone conference with Mr. Pappy, of CMB attorney's office 0.50 75.00 regarding worker's compensation claims and issue of whether the filed with HUD by evicted tenants of Right Deihl Apartments. City can ask, during the interview process, whether a prospective 07/14/2000 EGG employee has a preexisting worker's compensation claim. 0.30 52.50 0711412000 EGG Attention to code enforcement matters. 0.50 87.50 07/14/2000 EGG Reviewed complaint letter by Mr. Cliff Schulman, attorney for Mr. 0.60 105.00 Auerbach, analyzed cited judicial authorities and prepared response letter. the property, issue quit claim deeds and vacate the right of way. 07/14/2000 EGG Prepared city attorney report. 2.30 402.50 07/14/2000 EGG Telephone conference with comm'r. Wiscombe regarding audits 0.20 35.00 desired for Planning and Zoning, and Code Enforcement departments. 07/14/2000 EGG Telephone conference with comm'r. Wiscombe and Cliff Schulman 0.30 52.50 regarding parking in the access easement area. 07/14/2000 EGG Telephone conference with Ms. Pinky Sands regarding complaints 0.20 35.00 filed with HUD by evicted tenants of Right Deihl Apartments. 07/14/2000 EGG Reviewed survey of property to be vacated at 6700 S.W. 64 Court; 0.30 52.50 detailed instructions to legal assistant to contact Messieurs Yarbarough and Piniero and advise on process for agreeing to divide the property, issue quit claim deeds and vacate the right of way. 07/17/2000 EAB Meeting with Earl G. Gallop regarding CSMPD's budget for vehicles 0.30 45.00 and leases of undercover vehicles 07/17/2000 EGG Attention to proposed employee application question regarding prior 0.40 70.00 worker's compensation claims; instructions to Ms. Boutsis. 07/17/2000 EGG Attention to question from AC Feldman regarding use of unmarked 0.50 87.50 automobiles for undercover work. 07/18/2000 EGG Telephone conference with Mr. McDuff about receipt of order granting 0.40 70.00 defense summary judgment in Wascura v. CSM and FLC decision to settle Jhullobahal v CSM. 07/18/2000 EGG Prepared letter to Mr. Piniero and Mr. Cooke - Yarbarough regarding 0.30 52.50 procedure to divide property ROW to be vacated, to prepare survey Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIA L- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 3 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. and quit claim deeds for same. 07/18/2000 EGG Telephone conference with Mr. John Shubin, Esq., regarding gas 0.20 35.00 station property at 6400 SW 62 Ave. 07/18/2000 EGG Final preparation of city attorney report; prepared for comm'n. 2.60 455.00 meeting. 07/18/2000 EGG Attended city commission meeting. 5.00 875.00 07/19/2000 EGG Telephone conference with Mr. Mark Maroon, counsel for Sunglass 0.20 35.00 Hut/Watch World regarding deferral of appeal of code violation citation. 07/20/2000 EAB Prepared for and attending the CSM CEB meeting; met with Carol 3.00 450.00 Bynum, Sonia Lama and Eva Rosa regarding outstanding procedural issues the officers had as to posting, serving notice and preparation for that evening's meeting. 07/20/2000 EAB Telephone conference with AC Feldman regarding possible interstate 0.30 45.00 commerce action against possible defendants who used intemet to publish photographs of persons on intemet sex sites without consent of person whose photograph was used. 07/24/2000 EAB Telephone conference with AC Feldman regarding two new forfeiture 0.30 45.00 actions - one for the forfeiture of a business for purchasing stolen cigarettes; and forfeiture of a 1989 Lincoln for aggravated fleeing and eluding. 07/24/2000 EGG Reviewed draft agreement between city and county for advanced 0.30 52.50 funding for county transportation improvements. 07/25/2000 LRF Prepared estoppel agreement. Telephone conference with Charles 2.40 420.00 Scurr regarding same. 07/25/2000 EGG Telephone conference with Mr. Scurr regarding McFadden complaint 0.40 70.00 of discrimination by police officer, reviewed letter from Mr. Scurr to Mr. Sevelius regarding discontinuing municipal services. 07/25/2000 EGG Prepared for and attended city comm'n. meeting. 3.50 612.50 07/26/2000 LRF Reviewed and revised estoppel agreement. 0.40 70.00 07/26/2000 EGG Telephone conference with Ms. Debra Turner, Senior Deputy City 0.20 35.00 Attorney, Miami Beach, regarding gun lock ordinance. 07/26/2000 EGG Final preparation of revisions to application for acceptance of building 0.30 52.50 permit and estoppel notice regarding requirement to construct water main improvements; transmitted same to Mr. Scurr. 07/26/2000 EGG Reviewed memorandum by Mr. Dellagloria regarding conditions for 0.60 105.00 settlement of land use claim regarding gas station use at 6400 SW 64th St; telephone conference with Mr. Shubin; prepared memorandum regarding Messieurs Dellagloria and Scurr regarding Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 4 minor revisions to document. 07/26/2000 EGG Reviewed proposed waste water infrastructure grant agreement with 0.30 52.50 FDEP; prepared comments to Mr. Oravec. 07/26/2000 EGG Reviewed memorandum by Mr. Goodin regarding creating city 0.20 35.00 stormwater utility. 07/26/2000 EGG Reviewed proposal by DMG Consulting Services for performance 0.20 35.00 audit of Building Department. 07/26/2000 EGG Reviewed title opinion for 6450 SW 59th Place, St. John AME 0.20 35.00 Church; transmitted same and invoice to Mr. Dellagloda. 07/27/2000 EGG Telephone conference with Mr. Jeff Mandler, attorney for Habitat, 0.50 87.50 regarding receipt of assignment of tax certificates, stipulation regarding Habitat's and City's legal interests, and further handling. 07/27/2000 EGG Telephone conference with vice mayor Feliu regarding resolution 0.20 35.00 waiving city liens for up to $3,500 on property acquired by Habitat for Humanity. 07/27/2000 EGG Telephone conference with Mr. David Silver regarding status of SPG 0.20 35.00 lease negotiations. 07/27/2000 EGG Prepared memorandum regarding requirements and voter approval for 1.50 262.50 general obligation bonds, revenue bonds and other types of debt; reviewed Florida constitution, Florida statutes and city charter. 07/27/2000 EGG Attended meeting with Messieurs Scurr and Figueredo and 2.10 367.50 representatives of Mas Tech regarding possible ways to finance construction of new city hall building. 07/31/2000 EAB Prepared legal memorandum on issue of occupational licensing fees 0.40 60.00 and payment of that fee by each professional that works for a Florida nonprofit corporation. 07/31/2000 EAB Telephone conference with Eva Rosa and modiifed the proposed 1.00 150.00 orders on appeal and orders on reconsideration from the July, 2000 Code Enforcement Board meeting; assisted Ms. Rosa in revising the findings of fact and conclusions of law listed in each order. 07/31/2000 LRF Prepared lease agreement. 1.30 227.50 07/31/2000 EGG Attended meeting with comm'r. Russell and Mr. Piniero regarding 0.60 105.00 vacating ROW to Mr. Piniero and Mr. Yarbarough; received message from Mr. Yarbarough regarding survey of ROW. 07/31/2000 EGG Reviewed city of Coral Gables initial services fee ordinance and 0.30 52.50 telephone call to Ms. Liz Hernandez, city attorney. 07/31/2000 EGG Reviewed critical construction report on MPC I. 0.20 35.00 07/31/2000 EGG Returned numerous telephone calls regarding city matters. 0.50 87.50 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 5 07/31/2000 EGG Reviewed memorandum on question whether professionals who work 0.10 for not - for -profit corporations are exempt from occupational license requirement. 07/31/2000 EGG Final preparation of memorandum regarding general obligation bonds, 1.80 revenue bonds and special assessments for municipal improvements. Rate Summary Eve A. Boutsis Luis R. Earl G. Gallop Expenses 07/27/2000 Legal research Total Professional Services Fees Reduced Due to Retainer 8.30 Hours at 150.00 /hr 1,245.00 4.10 Hours at 175.00 /hr 717.50 33.70 Hours at 175.00 1hr 5,897.50 Total hours: 46.10 For Professional Services For Disbursements Incurred Current Balance: 28.45 To be properly credited, please indicate Statement Number on your remittance check. 17.50 315.00 7,860.00 - 7,860.00 M 28.45 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 •,_........- _- _ -_.. -. .... Charles D. Scurr August 4, 2000 (� I C� Matter ID: 0022 -002 City Manager J-- �j Real Estate City of South Miami 6130 Sunset Drive Statement No. 7407 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 927.50 5.30 hours at $175.00 /hr 5.30 Total Due 927.50 To be properly credited, please indicate Statement Number on your remittance check. 927.50 0.00 927.50 0.00 0.00 927.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Hours Amount 07/26/2000 LRF Meeting with Mr. Scurr, Mr. VanSmith and legal counsel, Mr. 1.80 315.00 Pearson to discuss option agreement. 07/27/2000 LRF Meeting with City and the Mas Group to discuss possible 1.80 315.00 development project. 07/28/2000 LRF Prepared lease agreement. 1.70 297.50 Rate Summary Luis R. Figueredo Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 927.50 5.30 hours at $175.00 /hr 5.30 Total Due 927.50 To be properly credited, please indicate Statement Number on your remittance check. 927.50 0.00 927.50 0.00 0.00 927.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Nami, Florida 33133 Telephone: (305) 854 - 5353 -. Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scum ��� py Matter ID: 0022 -003 City Manager �0 Williamson Foreclosure City of South Miami ` 6130 Sunset Drive Statement No. 7408 City of South Miami, FL 33143 Hours Amount 07103/2000 EAB Obtained copy of recorded final judgment dismissing action, 2.00 300.00 without prejudice; and prepared motion for reconsideration of decision to dismiss underlying action. 07/17/2000 EAB Prepared for hearing on City's motion for reconsideration, prepared 0.70 105.00 courtesy copies of case law and prepared proposed order granting City's motion for reconsideration. 07/18/2000 EAB Prepared for and attended motion for reconsideration; meeting with 2.30 345.00 Mr. Perry (interested party - heir), Ms. Williams (defaulted party) and Mr. Kennedy(defaulted party) regarding status of case, advised Mr. Perry and defaulted parties that city attorney does not represent the heirs and interests of the city are adverse to the heirs interests ; prepared memorandum to file regarding results of hearing and discussion with the heirs. 07/18/2000 EGG Attention to defaults against Kennedy and Williams, and other 0.50 87.50 matters regarding parties. 07/27/2000 EAB Telephone conference with Mr. Mandler regarding status of 2.30 345.00 ownership and assignment of tax certificates on Williamson property to Habitat; agreed stipulation as to summary judgment; analysis of file and prepared memorandum regarding outstanding tax certificates, remaining defendants; and issues regarding folio numbers and recording of lis pendens; prepared various correspondence to Mr. Mandler enclosing folio numbers and information as to counsel for various banks. Rate Summary Eve A. Boutsis Earl G. Gallop Total Professional Services 1,182.50 7.30 hours at $150.00 /hr 0.50 hours at $175.00 1hr 1,095.00 87.50 Payment is due upon receipt. Flease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Expenses Parking Charge 07/28/2000 Court reporter CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -003 Statement No.: 7408 Page: 2 Total hours: 7.80 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 17.00 60.00 77.00 To be properly credited, please indicate Statement Number on your remittance check. 1,182.50 77.00 1,259.50 507.58 0.00 1,767.08 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 4, 2000 Matter ID: 0022 -023 City Manager !� Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 7410 City of South Miami, FL 33143 Hours Amount 06/28/2000 EAB Began legal research as to easements and dedication of easement 1.50 225.00 06/29/2000 EAB 07/07/2000 LRF 07/07/2000 EGG 07/10/2000 LRF 07/12/2000 LRF 07/13/2000 LRF 07/14/2000 LRF 07/25/2000 LRF 07/26/2000 LRF 07/26/2000 EGG 07/27/2000 LRF 07/28/2000 LRF to city for right of way. Completed legal research on easement issues in support of possible declaratory judgment action as to rights of city to public easement (15 foot access way to alley), completed memoranda to Mr. Gallop regarding the various easement issues. Attended meeting with comm'r. Wiscombe, Mr. Gallop and SPG to review lease. Final review of draft lease agreement with SPG Phase I and attended meeting with comm'r. Wiscombe, Mr. Figueredo and Mr. Perez. Telephone conference with George Mcardle. Telephone conference with Ralph Perez. Telephone conference with George Mcardle. Reviewed draft lease and prepared memorandum to Mr. Gallop analyzing proposed modifications to lease agreement. Meeting with Spg and City of South Miami to discuss modifications to lease agreement. Telephone conference with Charles Scurr. Telephone conference with Ralph Perez. Conference with Mr. Scurr. Reviewed motion to dismiss city's complaint for injunctive relief for lack of jurisdiction. Reviewed modifications to lease agreement. Meeting with SPG to discuss revisions and status of Auerbach issue. Telephone conference with Ralph Perez. 4.00 600.00 6.00 1,050.00 6.00 1,050.00 0.50 87.50 0.70 122.50 4.00 700.00 4.80 840.00 0.40 70.00 0.60 105.00 0.20 35.00 3.50 612.50 0.50 87.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin`Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 7410 Page: 2 07/31/2000 LRF Telephone conference with Ralph Perez. Conference with Mr. 0.50 87.50 Gallop. Total Professional Services 5,672.50 Rate Summary Eve A. Boutsis 5.50 hours at $150.00 /hr 825.00 Luis R. Figueredo 21.50 hours at $175.00 /hr 3,762.50 Earl G. Gallop 6.20 hours at $175.00 /hr 1,085.00 Total hours: 33.20 Expenses Legal research 16.75 Sub -total Expenses: 16.75 Payments 07/10/2000 Payment Ck #28274 - $15833.52 8,300.04 Sub -total Payments: 8,300.04 For Professional Services 5,672.50 For Disbursements Incurred 16.75 Current Balance: 5,689.25 Previous Balance: 10,981.54 Payments - Thank you 8,300.04 Total Due 8,370.75 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr - Matter ID: 0022 -027 City Manager � � � 00 City of South Miami Bruce v Code Enforcement (� 6130 Sunset Drive Statement No. 7411 City of South Miami, FL 33143 Hours Amount 07/03/2000 EAB Various telephone conferences with AC Feldman, Eva Rosa, and 0.30 process server regarding police escort of process server to the Bruce property; and attempted to comply with the Judicial Assistant's requirements in order to obtain date for the temporary injunction hearing. 07/12/2000 EAB Telephone conference with Mayor Robaina and meeting with Mr. 0.20 Gallop regarding status of action, date for hearing on temporary injunction and received factual information regarding complaints by neighbors; prepared memorandum to file regarding information obtained from Mayor Robaina. 07/14/2000 EAB Telephone conference with Carol Bynum regarding her attendance 0.20 at temporary injunction hearing as a fact witness and provided Ms. Bynum with a procedural background of the litigation. 07/1712000 EAB Telephone conference with Sargent Rodriguez, Detective Stroface, 0.60 Officer Munoz, AC Feldman regarding follow up surveillance of the Bruce property, and prepared order granting temporary injunction. 07/17/2000 EGG Reviewed to proposed order, instructions regarding preparing for 0.40 hearing. 07/18/2000 EAB Telephone conference with AC Feldman regarding preparation for 2.40 and testimony needed for temporary injuction hearing; telephone conference with Carol Bynum and the police officers informed them that the Judge has cancelled current hearing date and moved hearing to 1:50 p.m; telephone conference with judge's judicial assistant regarding hearing time, attempted to contact Mr. Bruce to inform him of change in time of hearing; attended temporary injunction hearing with Mr. Gallop, Carol Bynum and the officers that conducted surveillance; includes travel time. 45.00 30.00 30.00 90.00 70.00 360.00 07/18/2000 EGG Prepared for hearing on temporary injunction, including witness 3.80 665.00 preparation, reviewed pleadings and analyzed decisional authorities, attended hearing. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENTPRMLEGED Matter ID: 0022 -027 Statement No.: 7411 Page: 2 07/21/2000 EAB Telephone conference with Mrs. Young regarding her request to be informed of events at Bruce property; prepared memorandum to file regarding occupational license "sign -off' sheet; and began preparing interrogatory questions. 07/21/2000 EAB Began preparing interrogatory questions and received telephone communication from Mrs. Young requesting to be apprised of all Bruce hearings. 07/24/2000 EAB Continued preparing interrogatories and requests for production 07/27/2000 EGG Attended meeting with Messieurs Figueredo, McCardle and Perez on parking garage lease. Rate Summary Eve A. Boutsis Earl G. Gallop Expenses 07/21/2000 07/21/2000 0.40 60.00 1.30 195.00 1.70 1.00 Total Professional Services 7.10 hours at $150.00 /hr 5.20 hours at $175.00 /hr Total hours: 12.30 Legal research Courier charge Service of Process Service of Process Sub -total Expenses: 1,065.00 910.00 21.01 9.50 100.00 100.00 230.51 255.00 175.00 1,975.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. t Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 7411 Page: 3 For Professional Services 1,975.00 For Disbursements Incurred 230.51 Current Balance: 2,205.51 Previous Balance: 2,231.91 Payments - Thank you 0.00 Total Due 4,437.42 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr -- August 4, 2000 City Manager - - --- — Matter ID: 0022 -030 City of South Miami O i C� Jhuboolall v CSM, Bradshaw 6130 Sunset Drive 0' Statement No. 7412 City of South Miami, FL 33143 -- Hours 07/13/2000 EGG Assembled documents relating to attempt by plaintiff and counsel 0.30 to tamper with city witnesses; prepared letter to Mr. McDuff regarding same. Total Professional Services Rate Summary Earl G. Gallop 0.30 hours at $175.00 /hr Total hours: 0.30 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. Amount 52.50 52.50 52.50 0.00 52.50 1.74 0.00 54.24 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY(CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 4, 2000 Matter ID: 0022 -034 City Manager �O CSM v Third Group Mortage, City of South Miami 6130 Sunset Drive _` Statement No. 7413 City of South Miami, FL 33143 Hours Amount 07/17/2000 EGG Instructions to Ms. Boutsis to file re -newed motion to dismiss 0.20 35.00 complaint by Third Group Mortgage. Rate Summary Earl G. Gallop Payments 07/10/2000 Payment Total Professional Services 35.00 0.20 hours at $175.00/hr Total hours: 0.20 Ck #28274 - $15833.52 35.00 546.50 Sub -total Payments: 546.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 7413 Page: 2 For Professional Services 35.00 For Disbursements Incurred 0.00 Current Balance: 35.00 Previous Balance: 552.50 Payments - Thank you 546.50 Total Due 41.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUERED0RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 August 4, 2000 Matter ID: 0022 -041 Anderson a Dawkins, et al. Statement No. 7415 Hours Amount 07/03/2000 EAB Legal research on recording and priority of purchase money 2.00 300.00 mortgages and priority of City's liens against mortgage that has not been foreclosed, even though the debt became due 4 years earlier, research on statute of limitations, priority of unrecorded debt not secured by property. 07/12/2000 EAB Meeting with Mr. Gallop regarding opposing counsel's refusal to 0.70 105.00 cooperate with taking plaintiffs deposition, and refusal to continue hearing pending deposition testimony; prepared motion for continuance of summary judgment hearing based on Fla. R. Ciu P. 1.510(f), which provides for a continuance of summary judgment hearing if need testimony or cannot provide an affidavit in opposition due to extenuating circumstances (here the inability to take plaintiffs deposition). 07/14/2000 EAB Prepared affidavit in opposition to summary judgment of Earl G. 1.40 210.00 Gallop which reflects the factual background of the City's liens against the foreclosure property, and the deficiencies in plaitniffs recording of its purchase money mortgage. 07/17/2000 EAB Prepared for deposition of plaintiff requesting information regarding 3.50 525.00 the notes, mortgages and priority interest of plaintiff, and discovery of any payments made by defendant to plaintiff; attended deposition of Mr. Anderson. 07/20/2000 EAB Prepared for motion for final summary judgment; judge had 2.50 375.00 extensive motion calendar, which caused a 2 hour delay in hearing motion. Total Professional Seances 1,515.00 Discount: - 286.75 Rate Summary Eve A. Boutsis 10.10 hours at $150.00 /hr 1,515.00 Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. Expenses Parking Charge 07/28/2000 Court reporter CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -041 Statement No.: 7415 Page: 2 Total hours: 10.10 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 10.00 60.00 Sub -total Expenses: 70.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 1,228.25 56.75 1,285.00- 188.50 0.00 1,473.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 15, 2000 Charles D. Scurr = Matter ID: 0022 -042 City Manager City of South Miami �O Forfeiture of 1981 Oldsmobile L 6130 Sunset Dries a Statement No. 7542 City of South Miami, FL 33143 Payments 8/7/2000 Payment Ck#28651 123.25 7/10/2000 Payment Ck #28274 - $15833.52 568.00 Sub -total Payments: 691.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 812.31 Payments - Thank you 691.25 Total Due 121.06 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 15, 2000 Charles D. Scurr Matter ID: 0022 -043 City Manager _ Forfeiture of 1993 White Ford City of South Miami �[7 6130 Sunset Drive U Statement No. 7541 City of South Miami, FL 33143 -- Payments 8/7/2000 Payment Ck #28651 221.50 7/10/2000 Payment Ck #28274 - $15833.52 383.25 Sub -total Payments: 604.75 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 689.77 Payments - Thank you 604.75 Total Due 85.02 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 __ August 4, 2000 Charles D. Scurr Matter ID: 0022 -046 City Manager - City of South Miami Merrick v. City of South Miami y copr . 6130 Sunset Drive Statement No. 7420 South Miami City o f S , FL 33143 Hours Amount 07/26/2000 EGG Analyzed federal complaint for discrimination in violation of Title VII 1.20 210.00 and 42 U.S.C. sec. 1983; transmitted same to Florida League of Cities and requested assignment to Mr. McDuff. Rate Summary Earl G. Gallop Payments 07/10/2000 Payment Total Professional Services 210.00 1.20 hours at $175.00/hr Total hours: 1.20 Ck #28274 - $15833.52 Sub -total Payments: 210.00 421.50 421.50 Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. I Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 7420 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. Page: 2 210.00 0.00 210.00 458.58 421.50 247.08 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr - April 4, 2000 City Manager City of South Miami �O -- Matter ID: 0022 -048 In Re: Forfeiture of One 1985 C7 6130 Sunset Drive Statement Statement No. 6491 City of South Miami, FL 33143 Hours Amount 03/20/2000 EAB Telephone conference with AC Feldman regarding new forfeiture 0.10 10.00 actions - involving counterfeit funds 03/21/2000 EAB Analyzed police report surrounding forfeiture of vehicle; began 0.30 30.00 preparing notice of seizure and telephone conference with AC Feldman regarding actual amount of confiscated legal tender, as opposed to counterfeit money 03/29/2000 EAB Analyzed police report, prepared draft complaint, motion and 2.00 200.00 memorandum on probable cause, summons, verified affidavit, interrogatories and requests for production 03/30/2000 EAB Attended hearing on City's motion to compel - extraordinary delay 2.30 230.00 in Mr. Pizzi's attendance at motion calendar due to unknown conflict in Mr. Pizzi's schedule [ Judge did not sanction Mr. Pizzi for his late appearance] Total Professional Services 470.00 Rate Summary Eve A. Boutsis 4.70 hours at $100.00 /hr 470.00 Expenses Total hours: 4.70 Filing fee 176.00 Sub -total Expenses: 176.00 Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -048 Statement No.: 6491 Page: 2 For Professional Services 470.00 For Disbursements Incurred 176.00 Current Balance: Previous Balance: Payments - Thank you 646.00 0.00 0.00 Total Due 646.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr Matter ID: 0022 -051 City Manager Q Forfeiture 1993 Mercedes Benz City of South Miami O�M 6130 Sunset Drive Statement No. 7425 City of South Miami, FL 33143 - -- Hours Amount 07/03/2000 EAB Filed final default judgment against claimant; prepared letter to 0.20 20.00 "alleged" counsel for Claimant Mrs. Romero rejecting her offer of settlement (counsel has never filed an appearance). 07/10/2000 EAB Telephone conference with "Opposing Counsel" (counsel never filed 0.30 30.00 a pleading or appearance in action); conveyed his client's second settlement offer to the City, and communicated the City's rejection of his second offer. 07/12/2000 EAB Follow up with courier and recording office regarding recording of 0.10 10.00 final default judgment against vehicle so that City may obtain title to vehicle. Total Professional Services 60.00 Rate Summary Eve A. Boutsis 0.60 hours at $100.00 1hr 60.00 Total hours: 0.60 Expenses Courier charge 95.15 Sub -total Expenses: 95.15 Payments 07/10/2000 Payment Ck #28274 - $15833.52 176.00 Sub -total Payments: 176.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -051 Statement No.: 7425 Page: 2 For Professional Services 60.00 For Disbursements Incurred 95.15 Current Balance: 155.15 Previous Balance: 242.64 Payments - Thank you 176.00 Total Due 221.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 (��00 P Miami, Florida 33133 Facsimile: (305) 854 -5351 August 4, 2000 Matter ID: 0022 -052 CSM v. Johnny Jackson Statement No. 7544 7/14/2000 Hours Amount 7/3/2000 EAB Various discussions with process server regarding attempted 0.30 45.00 service upon Johnny Jackson - defendant appears to be hiding. 7/12/2000 EAB Meeting with Mr. Gallop regarding strategy session as to service of 0.30 45.00 process on Mr. Jacksonwho is avoiding service, analysis of new junked vehicle ordinance and ability to tow Jackson's car because of invalid tag; various telephone conferences with AC Feldman business and request for them to testify at temporary injunction regarding these issues 7/13/2000 EGG Attention to locating city employee to accompany process server 0.20 35.00 to serve Mr. Jackson at lunch. EGG Telephone conference with Mr. Scurr and Mr. Jackson; instructions 7/14/2000 EAB Prepared memorandum to Detective Stroface and Sergeant 0.20 30.00 Rodriguez regarding attendance at temporary injunction hearing and continued surveillance of Bruce property; attempted to contact neighbors regarding their traffic complaints arising from Bruce's business and request for them to testify at temporary injunction hearing. 7/19/2000 EGG Telephone conference with Mr. Scurr and Mr. Jackson; instructions 2.80 490.00 to Ms. Boutsis; prepared stipulated order and proposed order; transmitted notice of hearing and stipulated order to Mr. Jackson; prepared for hearing. 7/20/2000 EAB Prepared for hearing and attended hearing. 3.00 0.00 7/20/2000 EAB Prepared for and attended temporary injunction hearing; prepared 2.50 375.00 Carol Bynum to testify as fact witness; informal discussion with Mr. Jackson regarding possible settlement of action; does not include travel time. 7/20/2000 EGG Prepared for hearing and attended hearing. 3.00 525.00 Total Professional Services 1,545.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. Rate Summary Eve A. Boutsis Eve A. Boutsis Earl G. Gallop Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -052 Statement No.: 7544 Page: 2 3.00 hours at $ 0.00 /hr 3.30 hours at $150.00 /hr 6.00 hours at $175.00/hr Total hours: 12.30 Parking Charge Courier charge 7/21/2000 Service of Process 7/28/2000 Court reporter For Professional Senrices For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: 0.00 495.00 1,050.00 Total Due 7.50 33.20 300.00 60.00 400.70 To be properly credited, please indicate Statement Number on your remittance check. 1,545.00 400.70 1,945.70 1,599.46 0.00 3,545.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr Matter ID: 0022 -053 City Manager • ..... _..�__;. ! Forfeiture of $1,941.00, etc. City of South Miami 6130 Sunset Drive Lf Q Statement No. 7427 City of South Miami, FL 33143 Hours Amount 07/19/2000 EAB Attended hearing on motion for default judgment against final 0.50 50.00 claimant. Total Professional Services 50.00 Rate Summary Eve A. Boutsis 0.50 hours at $100.00 /hr 50.00 Expenses Total hours: 0.50 Parking Charge 13.50 Sub -total Expenses: 13.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY(CLIENTPRMLEGED Matter ID: 0022 -053 Statement No.: 7427 Page: 2 For Professional Services 50.00 For Disbursements Incurred 13.50 Current Balance: 63.50 Previous Balance: 42.20 Payments - Thank you 0.00 Total Due 105.70 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO"A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Niami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr :_. City Manager � ;� � p � Matter ID: 0022 -054 0 Forfeiture of 2000 Honda City of South Miami / 6130 Sunset Drive Statement No. 7428 City of South Miami, FL 33143 Hours Amount 07/13/2000 EAB Prepared motion for default, motion to dismiss for lack of proof of 3.50 350.00 power of attorney and lack of standing to defend action; conducted legal research on powers of attorney, innocent owner defenses, title to vehicle and ability to assert ownership interest in a vehicle solely if person is listed in title or registration. 07/14/2000 EAB Final preparation of motion to dismiss and strike answer filed by 1.00 100.00 claimants. 07/14/2000 EGG Revised motion for default and to strike /or dismiss answer of 0.50 87.50 purported wife acting under alleged power of attorney. Total Professional Services 537.50 Rate Summary Eve A. Boutsis 4.50 hours at $100.00 /hr 450.00 Earl G. Gallop 0.50 hours at $175.00 /hr 87.50 Total hours: 5.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -054 Statement No.: 7428 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. Page: 2 537.50 0.00 537.50 369.66 0.00 907.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDO''A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr August 4, 2000 Matter ID: 0022 -056 City Manager Forfeiture of $16,890.00 City of South Miami 6130 Sunset Dries "_� Statement No. 7429 City of South Miami, FL 33143 Expenses Legal research For Professional Services For Disbursements Incurred Current Balance: Pre%ious Balance: Payments - Thank you 11.97 Sub -total Expenses: 11.97 0.00 11.97 11.97 536.06 11101 Total Due 548.03 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per rmnth w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOI`". Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr July 7, 2000 Matter ID: 0022 -057 City Manager - - Einstein Bagels Chapter 11 City of South Miami pc:) 6130 Sunset Drive � Statement No. 7219 City of South Miami, FL 33143 Expenses Telefacsimile charge Photocopies For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 2.00 2.50 Sub -total Expenses: 4.50 0.00 4.50 4.50 0.00 W1 Total Due 4.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGINGALLOPFIGUEREDO1U. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Nfiami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr Matter ID: 0022 -058 City Manager O PW7 Astbury, et al. v CSM City of South Miami 0 6130 Sunset Drive Statement No. 7431 City of South Miami, FL 33143 Hours Amount 07/06/2000 EGG Reviewed complaints of housing discrimination filed by Robert 1.00 175.00 Asbury, Emery Black, Eula Bowden, Henry and Laverne Hemingway, Cherry Jenkins, Hermon Matheson, Leonard & elizabeth Mortimer, Mathew Napier, Richard Redden, Herman Shaw and Maudean Toomer; calendared response date; assigned legal research to Ms. Boutsis. 07/07/2000 EGG Telephone conferences with Mayor Robaina regarding city 0.40 70.00 assistance to residents in obtaining postponement of eviction and in relocation, and with Mr. Oravec regarding Community Block Development Grants awarded to city [none for relocation assistance]. 07/10/2000 EAB Prepared letter requesting extension of time to file answer to 0.60 90.00 charges of HUD violations; conducted legal research on HUD compliance issues and relocation funding issues; left message for HUD investigator requesting him to provide City with background information and requesting extension of time to file answer. 0711212000 EAB Meeting with Mr. Gallop and telephone conference with Mayor 0.30 45.00 Robaina regarding status of this case, and obtained factual information surrounding litigation. 07/12/2000 EGG Telephone conference with Ms. Maria Ramon, Coldwell Banker, 0.30 52.50 regarding facts and circumstances of tenant eviction. 07/13/2000 EGG Reviewed documents provided by Ms. Maria Ramon, Calwell, Inc., 0.80 140.00 landlord and telephone call to Ms. Pinky Sands; further legal research instructions to Ms. Boutsis. 07/13/2000 EGG Reviewed list of Miami -Dade County OCED grants to the city. 0.10 17.50 07/17/2000 EAB Telephone conference with Maria Ramon from Caldwell Banker 0.30 45.00 regarding releases signed by plaintiffs and corresponded releases to listed plaintiffs (some of releases were executed by cohabitants versus named party to complaint or lease agreement). Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w !thin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -058 Statement No.: 7431 Page: 2 07/19/2000 EGG Interviewed Ms. Pinky Sands regarding facts and circumstances of 1.50 262.50 eviction, and assistance rendered by city, St. John AME Church and Miami -Dade County. 07/19/2000 EGG Reviewed documents; prepared draft statement of facts for 3.30 577.50 responde to HUD complaint. 07/21/2000 EAB Telephone conference vath Maria Ramon and began legal research 0.40 60.00 on the Uniformed Relocation Assistance and real Property Acquisition Policy o f 1970. 07/24/2000 EAB Prepared request for second extension of time to file City's 0.20 30.00 response to HUD complaints. 07/25/2000 EGG Final preparation of response to HUD complaints. 2.20 385.00 07/26/2000 EGG Final review of response to HUD complaint, exhibits, and 0.30 52.50 transmitted same to HUD. Total Professional Services 2,002.50 Rate Summary Eve A. Boutsis 1.80 hours at $150.00 /hr 270.00 Earl G. Gallop 9.90 hours at $175.00/hr 1,732.50 Total hours: 11.70 Expenses 07/21/2000 Federal express 15.34 Sub -total Expenses: 15.34 Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per rmnth w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -058 Statement No.: 7431 Page: 3 For Professional Services 2,002.50 For Disbursements Incurred 15.34 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 2,017.84 0.00 0.00 2,017.84 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. L CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO''A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr - August 4, 2000 Matter ID: 0022 -059 City Manager Habitat for Humanity v Mary City of South Miami z 6130 Sunset Drive ^- ° Statement No. 7432 City of South Miami, FL 33143 Hours Amount 07/10/2000 EAB Telephone conference with opposing counsel requesting extension 0.30 45.00 Total Professional Services 630.00 Discount: - 200.00 Rate Summary Eve A. Boutsis 4.20 hours at $150.00 /hr 630.00 Total hours: 4.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. of time to file answer. 07/12/2000 EAB Analysis of Chapter 197, and 58, regarding quiet title actions, and 2.00 300.00 issue of whether the City's liens are extinguished by the County's issuance of a tax deed to Habitat, and prepared a memorandum to City Commission expressing the City's options: (1) foreclosure action; (2) file answer to quiet title action; (3) settle with Habitat for all or part of value of its liens. 07/13/2000 EAB Various telephone conferences with Maria Ramon of Caldwell 0.70 105.00 Banker re: HUD relocation funds and relocation contracts entered into with the various HUD tenants. 07/24/2000 EAB Prepared correspondence to Ms. Rosales requesting second 0.30 45.00 extension of time to file answer, telephone conference with Ms. Rosales' office regarding proposed negotiation of litigation. 07/28/2000 EAB Telephone conference with Anne Manning and Ms. Rosales, 0.50 75.00 counsel for Habitat regarding extension of time to file response to quiet title action and prepared memorandum to file. 07/31/2000 EAB Prepared memorandum reflecting the City's hard costs incurred in 0.40 60.00 filing liens against the Mary Johnson property; faxed a copy of the memorandum to Ms. Rosales and Anne Manning in an effort to settle the quiet title litigation. Total Professional Services 630.00 Discount: - 200.00 Rate Summary Eve A. Boutsis 4.20 hours at $150.00 /hr 630.00 Total hours: 4.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -059 Statement No.: 7432 Page: 2 For Professional Services 430.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you 430.00 0.00 0.00 Total Due 430.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOPFIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr _ Matter ID: 0022 -060 City Manager �Op Citimortgage, Inc. v Marlene A. Cit y of South Miami 6130 Sunset Drive Statement No. 7433 City of South Miami, FL 33143 Hours Amount 07/28/2000 EAB Telephone conference with opposing counsel requesting short 0.30 45.00 extension of time; meeting with Ms. Jester regarding status on obtaining backup documentation of City's liens, City's lien may be on property not located within the City's boundaries. Rate Summary Eve A. Boutsis Total hours For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 45.00 0.30 hours at $150.00 /hr 0.30 45.00 45.00 0.00 45.00 0.00 0.00 Total Due 45.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 4, 2000 Charles D. Scurr Matter ID: 0022 -062 City Manager O City of South Miami Forfeiture: 1989 Lincoln Mark VII �p �"l 6130 Sunset Drive Statement No. 7434 City of South Miami, FL 33143 Hours Amount 07/28/2000 EAB Prepared hold harmless, stipulation of settlement, memorandum to 1.50 150.00 file, letter to Mr. Herman accepting settlement offer, provided his client also pay for storage charges; meeting with claimant, received payment of settlement funds; various telephone conferences with AC Feldman regarding release of vehicle. Total Professional Services 150.00 Rate Summary Eve A. Boutsis 1.50 hours at 8100.00 /hr 150.00 Total hours: 1.50 For Professional Services 150.00 For Disbursements Incurred 0.00 Current Balance: 150.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 150.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. NAGINGALLOPFIGUERED011k. ,4ttorneys & Cotcnselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854-5351 August 21, 2000 Charles D. Scurr, City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive City of South Miami. FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer DO NOT PAY Dear Mr. Scurr: For your information, enclosed is our statement for retainer fees and costs advanced for the period ending July 31, 2000. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Very truly yours, Earl G. Gallop EGG:daj Enclosure cc: Mayor and City Commission NAGIN GALLOP FIGUEREDOI!k. Attorneys c- Counselors 3225 Aviation Avenue - Third Floor Telephone. (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351 August 21, 2000 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES AND COSTS ADVANCED — LEGAL SERVICES - RETAINER General Municipal — Account 1500- 514 -3120 Dear Mr. Oshikoya: Enclosed is our statement for professional services rendered and for costs advanced for the month of July 31, 2000. Please issue a check payable to Nagin Gallop & Figueredo, P.A., in the amount of 528.45, charging account no. 1500- 514 -3410, representing reimbursement to the firm for costs expended. Included with this letter is Requisition No. 34. Very truly yours, Earl G. Gallop EGG:daj Enclosures CITY OF SOUTH MIAMI 6130 Sunset Drive. South Miami, Florida 33143 Vendor: Nagin Gallop Figueredo, P.A. Finance Department Req. No. 34 Date: August 21, 2000 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Consulting -Legal 1500 -514 -3410 28.45 28.45 TOTAL I I I S 28A5 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Coding of Accounts Approved Purchases as Above Approved and Material, Equipment. Or Service Is Issuance of Purchase Order Essential And A Proper Request Authorized Sufficiency of Appropriation Against The Codes Charge t+p Balances Verified (Except As Otherwise Noted) Head of Department City Manager Finance Department CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 City Manager August 4, 2000 Charles D. Scurr r1. i Matter ID: 0022 -001 City of South Miami1; General Municipal 6130 Sunset Ddve Statement No. 7497 City of South Miami, FL 33143 Hours Amount 07/03/2000 EGG Attended meeting with comm'r. Russell and Mr. Piniero regarding 0.50 87.50 vacation of ROW with portions going to Mr. Piniero and Mr. Yarborough. 07/06/2000 EGG Telephone conference with comm'r. Wiscombe regarding scheduled 0.20 35.00 meeting on SPG agreement and complaints filed with HUD by relocated tenants. 07/06/2000 EGG Telephone conference with comm'r. Bethel regarding preparing 0.10 17.50 ordinance to prohibit persons who sit on board and committees, or who are employeed by the city from doing business with the city for a period of 2 years after their term expires. 07/06/2000 EGG Reviewed notice of slip and fall claim by Mr. Raul Marrero; confirmed 0.20 35.00 that Mr. Oshikoya forwarded claim to Florida League of Cities Self Insurance Trust Fund for handling. 07/07/2000 EGG Attention to quiet title action by Habitat for Humanity regarding 0.90 157.50 property upon which city holds liens for clean -up costs, and to mortgage foreclosure action which names city a lien holder; prepared memorandum regarding current subjects city attorney is working on. 07/12/2000 EGG Telephone conference with Mayor Robaina regarding Florida Attorney 0.30 52.50 General's opinion on gun lock ordinance and HUD complaints. 07/12/2000 EGG Telephone conferences with Marc Caputo, Palm Beach Post, and 0.30 52.50 Dawn Winn, ass't. Palm Beach attorney, regarding gun lock ordinance. 07/12/2000 EGG Telephone conferences with Mr. Scurr regarding a variety of 0.80 140.00 municipal matters and Mr. Basu regarding parking for project behind Deli Lane. 07/13/2000 EAB Attended meeting with Code Enforcement Officers, Eva Rosa, and 2.50 375.00 Sonia Lama regarding questions and review of "new" Code Enforcement Ordinance, Code Enforcement procedures, jand analysis of the "new" junked vehicle ordinance. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTWL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 2 07/13/2000 EGG Reviewed legal description and survey for right turn lane at Einstein 0.30 52.50 Bagels Shop; prepared letter to Mr. Previtti regarding preparing deed and release of liens. 07/13/2000 EGG Reviewed and provided comments on revised employment 0.70 122.50 application. 07/13/2000 EGG Analyzed corporate documents of Miller Oaks Homeowner's 1.20 210.00 Association and prepared memorandum regarding inadequate protection of city's interests in maintaining common areas. 07/14/2000 EAB Telephone conference with Mr. Pappy, of CMB attorney's office 0.50 75.00 regarding workers compensation claims and issue of whether the City can ask, during the interview process, whether a prospective employee has a preexisting worker's compensation claim. 07/14/2000 EGG Attention to code enforcement matters. 0.50 87.50 07/14/2000 EGG Reviewed complaint letter by Mr. Cliff Schulman, attorney for Mr. 0.60 105.00 Auerbach, analyzed cited judicial authorities and prepared response letter. 07/14/2000 EGG Prepared city attorney report. 2.30 402.50 07/14/2000 EGG Telephone conference with comm'r. Wiscombe regarding audits 0.20 35.00 desired for Planning and Zoning, and Code Enforcement departments. 07/14/2000 EGG Telephone conference with comm'r. Wiscombe and Cliff Schulman 0.30 52.50 regarding parking in the access easement area. 07/14/2000 EGG Telephone conference with Ms. Pinky Sands regarding complaints 0.20 35.00 filed with HUD by evicted tenants of Right Deihl Apartments. 07/14/2000 EGG Reviewed survey of property to be vacated at 6700 S.W. 64 Court; 0.30 52.50 detailed instructions to legal assistant to contact Messieurs Yarbarough and Piniero and advise on process for agreeing to divide the property, issue quit claim deeds and vacate the right of way. 07/17/2000 EAB Meeting with Earl G. Gallop regarding CSMPD's budget for vehicles 0.30 45.00 and leases of undercover vehicles 07/17/2000 EGG Attention to proposed employee application question regarding prior 0.40 70.00 worker's compensation claims; instructions to Ms. Boutsis. 07/17/2000 EGG Attention to question from AC Feldman regarding use of unmarked 0.50 87.50 automobiles for undercover work. 07/18/2000 EGG Telephone conference with Mr. McDuff about receipt of order granting 0.40 70.00 defense summary judgment in Wascura v CSM and FLC decision to settle Jhullobahal v. CSM. 07/18/2000 EGG Prepared letter to Mr. Piniero and Mr. Cooke - Yarbarough regarding 0.30 52.50 procedure to divide property ROW to be vacated, to prepare survey v Payment is due upon receipt. Please notify us within 10 days of receipt of,any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY/CLIENT PRNILEGED Matter ID: 0022 -001 Statement Number Page: 3 and quit claim deeds for same. 07/18/2000 EGG Telephone conference with Mr. John Shubin, Esq., regarding gas 0.20 35.00 station property at 6400 SW 62 Ave. 07118/2000 EGG Final preparation of city attorney report; prepared for comm'n. 2.60 455.00 meeting. 07/18/2000 EGG Attended city commission meeting. 5.00 875.00 07/19/2000 EGG Telephone conference with Mr. Mark Maroon, counsel for Sunglass 0.20 35.00 Hut/Watch World regarding deferral of appeal of code violation citation. 07/20/2000 EAB Prepared for and attending the CSM CEB meeting; met with Carol 3.00 450.00 Bynum, Sonia Lama and Eva Rosa regarding outstanding procedural issues the officers had as to posting, serving notice and preparation for that evening's meeting. 07/20/2000 EAB Telephone conference with AC Feldman regarding possible interstate 0.30 45.00 commerce action against possible defendants who used intemet to publish photographs of persons on intemet sex sites without consent of person whose photograph was used. 07/24/2000 EAB Telephone conference with AC Feldman regarding two new forfeiture 0.30 45.00 actions - one for the forfeiture of a business for purchasing stolen cigarettes; and forfeiture of a 1989 Lincoln for aggravated fleeing and eluding. 07/24/2000 EGG Reviewed draft agreement between city and county for advanced 0.30 52.50 funding for county transportation improvements. 07/25/2000 LRF Prepared estoppel agreement. Telephone conference with Charles 2.40 420.00 Scurr regarding same. 07/25/2000 EGG Telephone conference with Mr. Scurr regarding McFadden complaint 0.40 70.00 of discrimination by police officer; reviewed letter from Mr. Scurr to Mr. Sevelius regarding discontinuing municipal services. 07/25/2000 EGG Prepared for and attended city comm'n. meeting. 3.50 612.50 07/26/2000 LRF Reviewed and revised estoppel agreement. 0.40 70.00 07/26/2000 EGG Telephone conference with Ms. Debra Turner, Senior Deputy City 0.20 35.00 Attorney, Miami Beach, regarding gun lock ordinance. 07/26/2000 EGG Final preparation of revisions to application for acceptance of building 0.30 52.50 permit and estoppel notice regarding requirement to construct water main improvements; transmitted same to Mr. Scurr. 07/26/2000 EGG Reviewed memorandum by Mr. Dellagloria regarding conditions for 0.60 105.00 settlement of land use claim regarding gas station use at 6400 SW 64th St; telephone conference with Mr. Shubin; prepared memorandum regarding Messieurs Dellagloria and Scurr regarding r1 Payment is due upon receipt. Rease notify us within 10 days of,feceiptlof any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged.if. payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONRDBIML- ATTORNEYICLIENTPRIVILEGED Matter ID: 0022 -001 Statement Number Page: 4 minor revisions to document. 07/26/2000 EGG Reviewed proposed waste water infrastructure grant agreement with 0.30 52.50 FDEP; prepared comments to Mr. Oravec. 07/26/2000 EGG Reviewed memorandum by Mr. Goodin regarding creating city 0.20 35.00 stormwater utility. 07/26/2000 EGG Reviewed proposal by DMG Consulting Services for performance 0.20 35.00 07/31/2000 audit of Building Department. 1.00 150.00 07/26/2000 EGG Reviewed title opinion for 6450 SW 59th Place, St. John AME 0.20 35.00 Church; transmitted same and invoice to Mr. Dellagloria. 07/27/2000 EGG Telephone conference with Mr. Jeff Mandler, attorney for Habitat, 0.50 87.50 07/31/2000 regarding receipt of assignment of tax certificates, stipulation 1.30 227.50 07/31/2000 regarding Habitat's and City's legal interests, and further handling. 0.60 105.00 07/27/2000 EGG Telephone conference with vice mayor Feliu regarding resolution 0.20 35.00 waiving city liens for up to $3,500 on property acquired by Habitat for 07/31/2000 Humanity. 0.30 52.50 07/27/2000 EGG Telephone conference with Mr. David Silver regarding status of SPG 0.20 35.00 07/31/2000 lease negotiations. 0.20 35.00 07/27/2000 EGG Prepared memorandum regarding requirements and voter approval for 1.50 262.50 general obligation bonds, revenue bonds and other types of debt; reviewed Florida constitution, Florida statutes and city charter. 07/27/2000 EGG Attended meeting with Messieurs Scurr and Figueredo and 2.10 367.50 representatives of Mas Tech regarding possible ways to finance construction of new city hall building. 07/31/2000 EAB Prepared legal memorandum on issue of occupational licensing fees 0.40 60.00 and payment of that fee by each professional that works for a Florida nonprofit corporation. 07/31/2000 EAB Telephone conference with Eva Rosa and modiifed the proposed 1.00 150.00 orders on appeal and orders on reconsideration from the July, 2000 Code Enforcement Board meeting; assisted Ms. Rosa in revising the findings of fact and conclusions of law listed in each order. 07/31/2000 LRF Prepared lease agreement. 1.30 227.50 07/31/2000 EGG Attended meeting with comm'r. Russell and Mr. Piniero regarding 0.60 105.00 vacating ROW to Mr. Piniero and Mr. Yarbarough; received message from Mr. Yarbarough regarding survey of ROW. 07/31/2000 EGG Reviewed city of Coral Gables initial services fee ordinance and 0.30 52.50 telephone call to Ms. Liz Hernandez, city attorney. 07/31/2000 EGG Reviewed critical construction report on MPC I. 0.20 35.00 07/31/2000 EGG Returned numerous telephone calls regarding city matters. 0.50 87.50 Payment is due upon receipt. Please notify us within 10' days ,of'receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. O0NFlDDTML- ATTORNEYM- 1134TPRNILEGED Matter ID: 0022 -001 Statement Number Page: 5 07/31/2000 EGG Reviewed memorandum on question whether professionals who work 0.10 for not - for -profit corporations are exempt from occupational license requirement. 07/31/2000 EGG Final preparation of memorandum regarding general obligation bonds, 1.80 revenue bonds and special assessments for municipal improvements. Rate Summary Eve A. Boutsis Luis R. Earl G. Gallop Expenses 07/27/2000 Legal research Total Professional Services Fees Reduced Due to Retainer 8.30 Hours at 150.00 /hr 1,245.00 4.10 Hours at 175.00/hr 717.50 33.70 Hours at 175.00 /hr 5,897.50 Total hours: 46.10 For Professional Services For Disbursements Incurred Current Balance: 28.45 To be properly credited, please indicate Statement Number on your remittance check. 17.50 315.00 7,860.00 - 7,860.00 MM 28.45 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: September 1, 2000 From: Charles D. Scurr Re: AGENDA ITEM #—/$ City Manager Commission meeting Sept. 5, 2000 1999 -2000 Budget Amendment. The attached resolution is requesting your authorization for the City Manager to transfer any unencumbered appropriation balance from one department to another in all our budgeted funds for fiscal year 1999 -2000, pursuant to Article IV f (1) of the City Charter. For your information, the requested transfer amount for each fund results from projections made by each department and verified by the Finance department using the actual revenue and expenditure figures as of June 2000. The beginning cash balance for next fiscal year has been adjusted to include the overage and savings expected from this year's budget. Any new savings realized from the current year's budget will be reflected in our end of the year actual cash carryover balance for future budget use. Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 1999 -2000 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDED SEPTEMBER 30, 2000, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS. WHEREAS, Article IV F (1) of the charter of City of South Miami, Florida, provides as follows: At the request of the City Manager and within the last three months of the budget year, the City Commission may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office department to another: and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line items from one City department to another as of the end of the budget year ending September 30, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one city department to another pursuant to the City Charter as of the end of the 1999 -2000 budget year. Section 2. That the City Manager be, and hereby is, authorized to take such measures as are necessary to accomplish those transfers. Section 3. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of , 2000 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET B D E F 1 FUND - 001 2 ODE -0000 -- - - -� -- - - -- 3 CODE - 03 -_ - - 4 5 s _ -� ADJUSTMENTS DEPARTMENT'S 7 ACCOUNT CLASSIFICATION ADOPTED 1 RECOMMENDED PROJECTIONS 8 1999 -2000 1999 -2000 1999 -2000 10 AD VALOREM TAXES_ $4,201,014j (51,014) $4,150,000 11 DELINQUENT TAXES 40,000 42,000 12 PENALTIES & INTEREST 12,000 _2,000 4,000 16,000 (45,014) _ N 14 TOTAL AD VALOREM TAXES $4,253,014 $4,208,000 FRANCHISE TAXES 17 ELECTRICITY $650,000 (10,000) $640,000 18 TELEPHONE 36,000_, 2,000 38,000 19 GAS - - -�- - 20,000 (4,300) _ - 15,700_ 20 CABLE TV FRANCHISE 37,000 (2,000) 35,000 - -- .1-__------.--- 22 TOTAL FRANCHISE TAXES $743,000 - (14,300) $728,700 23 UTILITY TAX N25 ELECTRICITY $1,000,000 I (46,000) $954,000 26 TELEPHONE 325,000 25,000 350,000 27 WATER 115,000 25,000 140,000 28 GAS 30,000 (2,000) 28,000 $1,470,000 -2,000 - $1,472,000 3o TOTAL UTILITY TAXES __ -�- 31 - - - - -- -- -; - -- - - - - -- - 32 LICENSES & PER__ MITS 1 -- -- -- - -- 33 OCCUPATIONAL LICENSE �- $300,000- [ - - - -- 0 - _$300,000 34 OCCUPATIONAL LICENSE -NE 35,000 0 35,000 35 LOBBYIST REGISTRATION FE} 01 2,500_ 2,500 36 BUILDING PERMITS __ 332,150 (82,150) 37 PENALTIES ON OCC LICENSE 10,000 _(1,000) $677,150 (80,650) - __250,000 - 9,000 $596,500 39 TOTAL LICENSES & PERMITS 40 - - - - - -; -- - -- -- 41 STATE SHARED TAXES 42 CIGARETTE TAX _ $12,500 (2,500) $10,00_0 43 _REVENUE SHARING _ _- 289,293 -1 0 _ _ _ _- 289,293 44 BEVERAGE LICENSE 7,500 1,700 9,200_ 45 112 CENT SALES TAX _ 580,000 r- 30,000 _ 46 LOCAL OPTION GAS TAX _ 178,000 1 2,000 _6_10,000 180,000 $1,067,293 - - 31,200 $1,098,493 48 TOTAL STATE SHARED TAXE 49 IS PRINTED ON RECYCLED PAPER _ �- 50 1 CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET B D E F 52 53 FUND -01 54 ODE - 0000 _ 55 CODE - 03 ADJUSTMENTS DEPARTMENT'S I59 _ _ ACCOUNT CLASSIFICATION _ _ ADOPTED RECOMMENDED PROJECTIONS 1999 -2000 1999 -2000 1999 -2000 .-, COUNTY REVENUE 62 SHARE OF CTY OCC. LICENS $15,000 1,000 $16,000 63 $15,000 $16,000 64 TOTAL COUNTY REVENUE 1,000 65 _ 66 GENERAL CHARGES 67 ZONING HEARING FEES $13,500 (4,500) _ $9,000 66 ENV REV &PRESV BR FEE 11,000 (1,000) _ 10,000 MICROFILM SALES 1,500 200 _ 1,700 N B & Z REINSPECTION FEES 8,000 0 8,000 71 QUALIF FEES - ELECTIONS ,000 1,000-T- (350) 650 72 CERT. OF USEIOCCUPANCY 35,000 45,000 80,000 CODE ENFORCEMENT FINES 30,000 k 20,000 50,000 743 - -_ 59,350 -- - $159,350 75 76 TOTAL GENERAL CHARGES $100,000 77 PUBLIC SAFETY 78 POLICE SERVICES -- __$_70,000 _ _(25,000) - $45,000_ 79 POLICE EXTRA DUTY 270,000 0 (25,000) 270,000 $315,000 81 TOTAL PUBLIC SAFETY $340,000 83 PHYSICAL CHARGES 84 SOLID WASTE CHARGES $12,500 (7,500) $5,000 s5 HAULERS PERMIT FEES 150,000 (30,000) 120,000 86 $162,500 _ (37,500) $125,000 87 TOTAL PHYSICAL CHARGES 89 PARKING SYSTEM_ go _ PERMITS _RMITS _ _ _u0,000 __ $30,000 91 METER FRANCHISE FEES _ 900,000 _(20,000) 26,988 _ 926,988 92 VALET PARKING 7,000 4,000 11,000 93 VIOLATIONS COLLECTIONS 450,000 (30,000) 420,000 94 DELINQUENT PARKING FINES 0 0 _ 0 95 PARKING METER CASH KEY 5,000 (1,500) 3,500 (20,512) $1,391,488 97 GROSS PARKING REVENUE $1,412,000 98 less parking contract fee ($176,988) 0 ($176,988) (20,512) $1,214,500 loo NET PARKING REVENUE $1,235,012 101 - - -- 102 RECREATION FEES 103 TENNIS MEMBERSHIPS -RES. $1,200 $1,000 104 TENNIS MEMBERSHIP -NON -R 13,000 - -(200) (51000) 8,000 105 TENNIS COURT FEES _ 20,000 (4,000) 16,000 106 RECREATION FEES - 30,000 - - (_10,000) 20,000 107 CONCESSION STANDS 5,000_ (4,500) 500 108 $45,500 1o9 TOTAL RECREATION FEES $69,200 tto IS PRINTED ON RECYCLED PAPER _ _(_23,700) CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET B D E F 111 113 FUND -01 -- 114 ODE - 0000 115 CODE - 03 116 - - - - - -- - - - - - -- - 117 ADJUSTMENTS DEPARTMENT'S 118 ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 119 _ 1999 -2000 1999 -2000 1999 -2000 120 121 FINES & FORFEITURES 122 _ METRO COURT FINES $150,000 0 $150,000 123 BURGLAR ALARM FINES 35,000 7,000 42,000 124 - $192,000 125 TOTAL FINES & FORFEITURE _ $185,000 7,000 126 - 127 RENTS & INTEREST 128 INTEREST INCOME $155,000 15,000 $170,000 129 RENT - FASCELL PARK 18,000 (8,000) 10,000 13o BUS BENCH ADS 5,000 (_5,000) 0 131 RENT - C.A.A. 22,000 0 22,000_ 132 RENT -SOUTH MIAMI FIELD _ 15,000 0 _ 15,000 133 RENT S MIA -INT'L BASEBALL 5,000_ 0 5,000 134 _ [_ $222,000 135 TOTAL RENTS & INTEREST $220,000 2,000 136 _ _ 137 13a SALES & REIMBURSEMENT HOSPITAL LANDSCAPE _ $150,000 �_ o $150,000 139 REFUND PRIOR YR'S EXP. 01 0 0 140 PRIOR YEAR'S REVENUE - 0 0 0 141 REIMB.- WORKERS_'CO_MP. _ REIMBSMNT - POLICE LABOR 0 0 _ 5,000 1 800 5,000 800 W REIMBSMNT - BUILDING LABO 0 0 144 REIMBSMNT -PUB WORKS LA 0 13,165 13,165 145 MISCELLANEOUS- OTHERS 30,000 146 PARKING ENFORCEMENT 0 _0 1,125 1,125 147 GRANT ADMINISTRATN -REIM - 50,00_0 0 146 SUNSET DR MTCE -FDOT REI -�- 1_1,000 _(50,000) 0 _ 11,00.0 149 INSRCE CLAIMS REIMBURS_M _ 0 _ _ 0 _ _ 0 150 TRSFR FROM WATER & SEW _ 65,000 0 65,000 151 TRSFR FROM REV BOND TRU 0 _ 0 0 152 TRSFR FROM CRA TRUST FU 78,100 _ 0 78,100 153 TRSFR FROM ESCROW ACCT - 267,623 (F1 267,623 154 CONTRIBTN -SHOPS AT SUNS 180,000 0 180,0_00 155 DESIGNATED CAPITAL CTRB -- 0 0 0 156 - - -- - - - - -- (29,910) - -- $801,813 157 TOTAL SALES & REIMB. -- $831,723 158 - - 159 - -- - - 160 - - - -- (174,036) -- $11,194,856 161 TOTAL GEN. FD REVENUES $11,368,892 162 163 CASH CARRYOVER 1,6299949_ 644,587 2,274,536 164 less CONTINGENCY CASH RESERVE (1,3709706) -- 0 (1,370,706) 165 470,551 $12,098,686 166 TOTAL AVAILABLE FUNDS $11,628,135 167 =______ � __- ---- - -- - -- _ --- -- - - - -- ---------- 168 IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 2 AD VALOREM TAXES _ ADJUSTMENT DEPARTMENT_'S_ 3 _ ADOPTED RECOMMENDED PROJECTIONS 4 1999 -2000 1999 -2000 1999 -2000 - - 6 - -- - - - -- 7 MILLAGE RATE I 6.373 6.373 6.373 VALUE OF ONE MILL (BASED ON - - 760,220_ 9 760,220 760,2_20 10 REAL & PERSONAL PROPERTIES) - - 12 LESS VALUE OF ONE MILL FOR 50 (66,337) (66,337) (66,_3_3.7_) 13 CRA INCREASE/DECREASE IN TAXABLE ASSESSMENT 15 VALUE OF ONE MILL (AFTER DEDUCTING 16 50% OF CRA INCREASED ASSESS 693,884 693,884 693,884 17 �- -- - -- - - 18 95% OF 1 MILL (TO ALLOW FOR 659,189 659,189 659,189 19 DELETIONS & DELINQUENCIES) 20 _ _ --- 21 - AD VALOREM TAXES (BASED ON � 4,201,014 4,201,014 4,201,014 22 95% OF 1 MILL) _ _ 24 - 26 27 ACCT. NO. ACCOUNT CLASSIFICATION I_ ADOPTED _ADJUSTMEN_T_ RECOMMENDED DEPARTMENT'S PROJECTIONS_ 28 30 31 32 33 34 - - - -- - -_ 1100 1200 1310 _131_5__ 1320 -- -- - - - -- -- -_ LEGISLATURE CITY CLERK CITY MANAGER INTE_RGOVE_R_NMENTAL AFFAIRS OFFICE SERVICES - - ---- -- - - - - -- 1999 -2000 I _$99,748- 127,552 216,389 _ 99,000 157,117 ---- - - - - -- 1999 -2000 $105 _ 4,250 _ _ _4,122 (4,000) _ -- (6,043) 28,161 1999 -2000 $99,853 _ 131,802 220,511 9_5,000 074 35 36 37 1410 1420 _- FINANCE DEPARTMENT _ NON-DEPARTMENT INSURANCE -_ 300,834 450,600 _ 328,995 4_40,610 _1500 _ CITY ATTORNEY _ 206,0_00 ____(9,990) 0 38 -_1610 - BUILDING D_ IVISION_ - -- _ 3,810 _206,000 468,665 39 - 1620-_ PLANNING DIVISION - -- _ _464,8_55 _ 426,099 (11,005) _ 41_5,094 40 1710 - PUBLIC WORKS - -- -BLDG. MAIN_T - 2,513,673 283,1_88 2,513,673 35,936 _ 2,513,673 319,124 41 42 T720 WASTE 1,005,057 254,548 _ -- 72,852 _ 1,077,909 -- 2_44,2_34 539,039 -- - - - -- - 214,823 43 _ 173_0_ 1760 - ST_REET_MAINT. _ -EQUIPMENT MAINT --&V -- - -- - - - - -- •C OF DIRECTOR -- - -- - - - -- --- -- - --- 44 467,515 - - - -- - - - --- 210,790 -- _(10,314) 71,524 - - - - -- - -- 4,033 45 -- 1770 46 - 1910 POLICE -LAW ENFORCEMENT - - - - -- - 4,659,328_ --- - - -- -- (131,627) - - - - -- --- - - - - -- 4,527,701 47 2000 RECREATION _ _- 1,092,677 - 38,867 1,131,544 48 2100 NON- DEPARTMENTAL EXPENSES_ _ -- 1,106,837 (175,215) 931,622 49 _ TOTAL EXPENDITURES - - -- -- -- $11,628,135 $11,543,600 50 -- - 51 _ __ _ - = � -__ _- _($84_,535) - -_ _ ___ _- 52 53 TOTAL PERSONNEL - -- -- - -- - -- - - - - -- ---- THIS PAGE IS PRINTED ON RECYCLED PAPER 165.50 ._.. - -- - - -- -- -- - 167.00 - -- - - -- -- CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 55 56 FUND GENERAL 01 57 DEPARTMEN _ LEGISLATIVE _ _ 11 58 DIVISION CITY COMMISSION 00 _ 59 FUNCTION LEGISLATIVE _ 511 61 _ DEPARTMENT'S 62 ACCT ACCOUNT CLASSIFICATION _ ADOPTED_ _ADJUSTMENT RECOMMENDED PROJECTIONS 63 NO _ 1999 -2000 1999 -2000 1999 -2000 64 SALARIES & FRINGE BENEFITS 65 1110 SALARIES & WAGES - EXECUTIVE _ $15,000 $0 $15,0_00 66 1210 SALARIES & WAGES - REGULAR �- 21,331 (8,476) ___ 12,855 67 TOTAL SALARIES & WAGES - -- (8,476) - -- $27,855 68 _ $36,331 - -- 70 71 2110 F. I. C. A. _ 2,780 (649) 2,131 2210 PENSION PLAN -EX COMMISSIONE _ 1,440 0 -- 1,440_ 72 2310 GROUP HEALTH INSURANCE _ 2,497 0 2,497 $43,048 $33,923 74 TOTAL PERSONNEL SERVICES (9,125) 76 SERVICES & SU_PPLIES - $40,000_ 77 _ 3210 AUDITOR'S FEE_ 78 4010 MAYO_R'S_EXPENSE 1,200 100 1,300 79 80 4020 4036C- 4040 _ 4050 406_0 C_OMMISSIONER'S EXPENSE -ONE COMMISSIONER'S EXPENSE FOUR COMMISSIONER'S EXPENSE -THRE_ COMMISSIONER'S EXPENSE-TWO MAYOR'S AUTO ALLOWANCE -I TRAVEL & CONFERENCE _ -- 1,000 _ _ 0 1,000 - 130 _1,00_0_ 1,130 81 82 83 _ 1,000 1,000 500 _ 0 0 0 1,000 1,000 500 84 4070 0 0 0 85 86 4120 4830 COMMUNICATIONS-TELEPHONE S KEYS & FLOWER_S_ __ _ 5,000 500 3,500_ _ _ - 0 3,500 87 88 - 4840 TV BROADCSTNG- COMMISSN MTN 1,500 -_ (500) _ 5210 SUPPLIES__ _ _ _- _ 2,500_ 0 _1,000 89 90 _5410 - 9910 MEMBERSHIPS & SUBSCRIPTIONS CONTRIBUTION - SPECIAL EVENTS 6,000 _ 0 _2,500_ 6,000 0 - 0 0 91 $55,200 $64,430 92 TOTAL SERVICES & SUPPLIES 9,230 105 $98,353 94 TOTAL OPERATING EXPENSES - $98,248 96 _ CAPITAL OUTLAY _ - 97 98 6420 6430 EQUIPMENT OFFICE _ _ -_ _EQUIPMENT OPERATING - -- _ $1,500 _ 0 _ 0 _ 0 0 99 - _ - -- -- --- - - - - -- $1,500 100 TOTAL CAPITAL OUTLAY $1,500 - 0 101 $99,853_ 102 - TOTAL EXPENDITURES -- $99,748 105 103 104 - BUDGETED POSITIONS - - -- 61 0 6 105 -- - -- I -------- - - - - - -- 106 M THIS PAGE IS PRINTED ON RECYCLED PAPER I CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 107 108 109 FUND DEPARTMEN GENERAL _ _ _ CITY CLERK - - -- _ - 01 - 12 - 110 DIVISION CITY CLERK 00 111 FUNCTION EXECUTIVE MANAGEMENT 512 _ 112 -- - -- - 113 _- DEPARTMENTS 114 ACCT ACCOUNT CLASSIFICATION - _OMMEADJUSTM_ENT RECNDED PROJECTIONS 115 NO _ _ _ADOPTED 1999 -2000 1999 -2000 1999 -2_000 116 - SALARIES & FRINGE BENEFITS_ _ _ 117 1110 SALARIES & WAGES - EXECUTIVE i- _$0_ _ _0_ $0 118 1210 SALARIES & WAGES - REGULAR _ 76,877 _ 79_,065_ 119 1310 SALARIES & WAGES - PART TIME 0 _2,188 0 ___ 0 120 121 122 TOTAL SALARIES & WAGES $76,877 - _ -- - $79,065 -- -- 123 2110 F.1. C. A. _ _ - -- 5,881 167 6,048 124 2220 DEFERRED COMP. CONTRIBUTION _ - 3,000 - 0 3,000 125 2310 GROUP HEALTH INSURANCE 4,919 0 4,919 126 _ $90,677 127 TOTAL PERSONNEL SERVICES - 129 _ SERVICES & SUPPLIES - - -- 130 3450 CONTRACTUAL SERVICES $0 0 $0 131 4060 EMPLOYEE AUTO ALLOWANCE 500 0 _ 500_ 132 4070 _ TRAVEL & CONFERENCE _ _ _ 800_ 1331 4080 EDUCATION _ _1,000 _ 400 _(200) 0 400 134 4910 LEGAL AD_ 1 22,000 1,00_0_ 23,000 135 4920 ELECTIONS _ 4,500 600 5,100 136 4930 RECORDING FEES 225 0 225 137 4950 CODIFICATIONS 4,500 _ 500 5,000 138 139 5210 SUPPLIES_ 1,200 - 550 0 (50) 1,200 500 -- 5410 MEMBERSHIPS & SUBSCRIPTIONS -- - - -- 140 141 142 - -- _ TOTAL SERVICES & SUPPLIES - -- - - - - -- - $34,675 - - 50 _ 1,850 - 4,205 $36,725 $129,757 143 TOTAL OPERATING EXPENSES - $125,552 - -- - 144 - -_ -_ -- -- ----- - - - - -- 145 - CAPITAL OUTLAY -_ _ - $0 0 - - -- _ _ 45 0 - - - - -- $_ 45 0 146 147 148 6420 6430 6510 E_QUIPME_NT OFFICE _ _ E_QUIP_ME_NT_OPERATING_ RECORDS RETENTION 2.000 _ 0 2,000 149 _ $2,045 - -- - $131,802 150 151 152 - TOTAL CAPITAL OUTLAY J - - - - -- TOTAL EXPENDITURES - $2,000 $127,552 45 - - -- - 4,250 153 154 BUDGETED POSITIONS 2 _ 0 _ -_ 2 -- 155 _ THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 156 157 FUND DEPARTMEN GENERAL CITY MANAGER - 01 I 13 _ 158 DIVISION _ CITY 159 FUNCTION EXECUTIVE MANAGEMENT -- -- 513 160 - -- - -- - - - - -- 161 _ ADJUSTMENT_ DEPARTMENT'S 162 ACCT_ ACCOUNT CLASSIFICATION RECOMMENDED PROJECTIONS 163 164 NO _ _ __ _ _ SALARIES & FRINGE BENEFITS _ _ADOPTED 1.9.99. 2000 1999 -2000 1999 -2000 _ _ 165 1110 SALARIES_ &_WAGES - EX_ECUTIVE $0 0 166 1210 SALARIES & WAGES -REGULAR _ _ 175,103 0 _ 2,992 0 _ _$0 _ 178,095 0 167 1310 _ SALARIES & WAGES -PART TIME 168 1410 OVERTIME _ 0 0 0 169 ---- - -- $178,095 170 - TOTAL SALARIES & WAGES -- -- $175,103 -- - -- - - -- - �- 2,992 - - - - -- -- 171 -- - - - -- 172 2110 - - -- F. I. C. A. _ ___ - -�- 13,394 230 - -- - 13,624 173 2310 GROUP HEALTH INSURANCE 11,142 - -- (0) 11,142 174 -- _ $202,861 175 - TOTAL PERSONNEL SERVICES _ $199,639 -- - -- 176 - - - -- - - - -- 177 SERVICES &SUPPLIES 178 3160 PRE-EMPLOYMENT PHYSICALS $0 0 $0 179 _ 3450 CONTRACTUAL SERVICES _ 3,000 (1,500) _ 1,500 180 4060 AUTO ALLOWANCE _ 4,800 - 2,400 7,200 181 - 4065 CITY MANAGER_ EXPENSE 950 0 950 182 4070 TRAVEL & CONFERENCE 0 - - - - -- - -- -2,000 0 - - -- --- - -- (500) __ 0 ---.-..-------- 1,500 183 4080 ----------------- - - - - -- EMPLOYEE EDUCATION_ 184 4710 PRINTINGlBINDING /PHOTOCOPYIN 0 - - 0 0 185 4850 ADVERTISING -NON -LEGAL _ 0 _ 0 0 186 5210 SUPPLIES_ _ _ _ _ _ - 4,000 (500) 3,500 187 5410 MEMBERSHIPS & SUBSCRIPITIONS - 2,000 (500) - _ 1,500 TOTAL SERVICES &SUPPLIES - - -- $16,750 - - - - -- S --- - -- TOTAL OPERATING EXPENSES 1 - - $216,389 - - -- - -- - -- -- -- -- -- $16,150 -- -- - -- $219,011 189 190 181 - - -- -(600) 2,622 192 - -- -- - - - - -- 193 CAPITAL OUTLAY_ - - - -- 50 0 - 500 1,000 - - -- - - - - -- $500 1,000 194 - 6420 _ -- EQUIPMENT OFFICE EQUIPMENT- OPERATING I 195 6430 196 --- �,- --------------- $1,500 197 - TOTAL CAPITAL OUTLAY - -- $0 - 1,500 196 Il $216,389 -- -_ -- - - $220,_511 199 TOTAL EXPENDITURES -__ 200 201 BUDGETED POSITIONS - - - -- 3 _4,122 _ 0 3 202 --- �- ---- - -- - -- - THIS PAGE IS PRINTED ON RECYCLED PAPER I - -- -- 203 CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 204 205 FUND GENERAL 01 206 DEPARTMEN CITY MANAGER _ __ 13 207 DIVISION INTERGOVERNMENTAL AFFAIRS 15 513 208 FUNCTION EXECUTIVE MANAGEMENT 209 - -- - 210 _ DEPARTMENTS 211 ACCT ACCOUNT CLASS_IFICATI.ON_ _ _ _ _ _ADJUSTMENT RECOMMENDED_ PROJECTIONS 212 NO __ADOPT_ED 1999 -2000 1999 -2000 1999 -2000 213 - - 214 SERVICES & SUPPLIES _ - 215 216 3450 4070 CONTRACTUAL SERVICES- TRAVEL & CONFERENCE $84,000 15,000 __(4,000) 0 - $80,000 15,000 217 1 $99,000 $95,000 218 TOTAL SERVICES & SUPPLIES (4,000) 219 -------- -- -- - --- - --- - --- 220 -- - 221 - - - - -- - - - -- - - -- 222 223 THIS PAGE IS PRINTED ON RECYCLED PAPER I - - - - -- CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 224 225 226 227 228 229 FUND DEPARTMEN DIVISION _ FUNCTION GENERAL _ VIN- ANCE _ _ OFFICE SERVICES__ FINANCIAL AND ADMINISTRATIVE - -- - -- _ _ 01 _ 13 513 - -- - 230 _ DEPARTMENTS 231 ACCT ACCOUNT CLASSIFICATION _ _ _ADOPTED _ADJUSTMENT RECOMMENDED PROJECTIONS 232 NO _ 1999 - 200_0_ 1999 -2000 233 _ SALARIES & FRINGE BENEFITS _1.999.2000 _ 234 _ 1210 SALARIES & WAGES - REGULAR $66,616 5,656 $_72,272 235 1310 SALARIES & WAGES -PART TIME _ - 0 0 -0 236 -- -- -- - - -- 237 TOTAL SALARIES & WAGES $66,616 $72,272 238 -- 239 2110 F. 1. C. A. -_ 5,096 433 5,529 240 2310 _ _ GROUP HEALTH INSURANCE 5,490 - 5,490 _(0) 6,089---- _ - 242 TOTAL PERSONNEL SERVICES $77,202 $83,291 243 -- -- -- -- -- 244 SERVICES & SUPPLIES 245 - -- -- -- -- - -- - - - - -- 246 _ 3450 CONTRACTUAL SERVICES 247 4070 TRAVEL & CONFERENCE 350 -_ 179 248 4110 POSTAGE _ _ _ 16,150 _ _(1_71) (2_,465) 13,685 249 4420 _ LEASE PURCH - POSTAGE MACHINE _ 4,000 (_150) 3,850 250 4615 MAINT & REP. _ OFFICE EQUIP _ _ 2,500 __ (32) _ 257 4620 _ _ MAINT & REP OPERATING EQUIP _ -- _2,4_6_8 252 47_10 P_RINTIN_GIBINDINGIPHOTO COPY_ 30,0_00 (9_,633) 2.0,3_67 253 4720 PRINTING CONTRACTUAL _ 1,900 _ 466 2,366 254 5210 SUPPLIES __- __- 19,0_00 2,000 2_1_,000 255 5220 UNIFORMS 190 _- 25 _ - 215 256 5410 _ ___ MEMBERSHIPS & SUBSCRIPTIONS - 225 0 _ _ - 225 257 -- -- $78,415 - - - -- -..�- 258 TOTAL SERVICES &SUPPLIES - - -- (11,726)1 259 - - ^ -- - --- ---- -- - -- - -- 2601 TOTAL OPERATING EXPENSES $155,617 - (5,637) $149,980 261 _l - 262 CAPITAL OUTLAY_- - - -- - 263 _- 6420 _ OFFICE EQUIPMENT_ _ - -_ $1,500 _ - - (1,006) $494 264 6430 - OPERATING EQUIPMENT -- --- - 0 600 600 265 -- -�- TOTAL CAPITAL OUTLAY - - - -- - - - - -- - $1,500 - - -- (406) + $1,094 266 _ 267 - $157,117 -- -- (6,043) - - -- 268 TOTAL EXPENDITURES - 269 - -- _-- - == == = =_= - ======== _$151,074 270 BUDGETED POSITIONS 2 _ 0 2 271 ----- - - - - -- - -- --- - - - --- -- - - - - -- 272 THIS PAGE IS PRINTED ON RECYCLED PAPER -I CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 273 274 FUND GENERAL 01 - - - - -- _ - 275 DEPARTMEN FINANCE _ 14 276 DIVISION FINANCIAL & ADMINISTRATION _ 10 ^_ 277 FUNCTION FINANCIAL & ADMINISTRATION 513 278 279 _ ADJUSTMENT DEPARTMENT'S 280 ACCT _- ACCOUNT CLASSIFICATION _ _ _ ADOPTED RECOMMENDED - PROJECTIONS 281 NO _ -2000 1999.2000 1999.2000 282 _ _ SALARIES & FRINGE BENEFITS _1999 _ _ 2B3 1110 SALARIES & WAGES -EXECUTIVE $0 0 _ $0 284 1210 SALARIES & WAGES - REGULAR 251,454 22,459 _ 273,913 285 1310 SALARIES & WAGES -PART TIME 0 0 V_ 0 286 _ 1410 OVERTIME _ 650 0 _ _ - 650 287 ___ TOTAL SALARIES & WAdESi 252,104 274,563 288 _ 22,459 289 - -- -- -- -- -- - - - 290 2110 F. 1. C. A. _ 19,286 1,725 21,011 291 2310 GROUP HEALTH INSURANCE 14,944 0 14,944 292 - $286,334 24,184 $310,518 293 _ TOTAL PERSONNEL SERVICES - 294 -- - - - -- -' - -- - --- -- 295 SERVICES & SUPPLIES 296 3450 CONTRACTUAL SERVICES $2,500 $_2,577 297 4070 TRAVEL & CONFERENCE ___77_ 1,5 00_ _ 2,350 298 _ -_ 4080 _ EMPLOYEE EDUCATION -__� _850 2,500 _ (1,500) 299 -_ -- 4620 5210 M_AINTENANCE•OPERATING EQ_MT�- 1,500 SUPPLIES _ 5,500 i(250) _ 3,9_50 - - -V - 1,250 9,450 300 Sot 302 303 5410 MEMBERSHIPS &SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES _1,650_ - 0 - 1,650 - - - - -- $18,277 3,777 304 -j - 1 27,961 - _- - -- $328,795 - -- 305 - TOTAL OPERATING EXPENSES -J- -- - - - -- - - -- $300,834 306 307 CAPITAL OUTLAY _ 308 6420 EQUIPMENT OFFICE $0 0 $0 309 310 6430 EQUIPMENT OPERATING - 0 - 200 200 - 28,161 - 200 - $200 $328,995 311 312 3t3 TOTAL CAPITAL OUTLAY $0 TOTAL EXPENDITURES 314 - _$300,834 315 BUDGETED POSITIONS 6 0 6 316 317 - THIS PAGE IS PRINTED ON RECYCLED PAPER - - - CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 318 - - +— 319 FUND - -- GENERAL 01 — — 320 DEPARTMEN _ _ FINANCE_ _ _ 14 321 DIVISION _ _ INSURANCE yV— 20 322 FUNCTION OTHER GENERAL GOVT. SERVICE _ V 519 323 _~ _ 32a _ADJUSTMENT 325 __ ACCT _ _ _ ACCOUNT CLASSIFICATION _ RECOMMENDED _DEPARTMENT'S PROJECTIONS 326 NO 1999 -2000 1999.2000 1999.2000 327 328 2410 WORKERS' COMPENSATION _ $200,000 0 _ $200,000 329 2510 UNEMPLOYMENT COMPENSATION 12,000 (7,000) 5,000 330 3450 CONTRACTUAL SERVICES 0 0 331 4510 PROP'TY 8, LIABILITY INSURANCE 225,000 0 _0_ 225,000_ 332 4520 PUBLIC EMP. BLANKET BOND 1,500 _ (374) 1,126 333 4540 BOILER & MACHINERY 2,800 (5_71) 2,229 334 4591 POLICE OFFICERS A.D.D. _ 1,300 (45) 1,255 335 4592 DEATH BENEFITS FOR PENSION 8,000 (2,000) 6,000 336 _ $450,600 337 TOTAL SERVICES & SUPPLIES (9,990) $440,610 338 339 ITHIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET 340 A B C D E 341 FUND GENERAL____ - - - - -- 01 342 DEPARTMEN CITY ATTORNEY — _ -1ITYATTORNEY _ _ 15 00 343 DIVISION 344 FUNCTION LEGAL COUNSEL - - - - -- 5- - - -- 14 - - -- 345 -- - - - - -- 346 347 _ADJUSTMENT RECOMMENDED 1999 -2000 - 0 _ 0 0 DEPARTMENTS PROJECTIONS 1999 -2000 - - - ACCT NO __ 3120 ___ ACCOUNT CLASSIFICATION -- - SERVICES & SUPPLIES____] LEGAL SERVICES -RETAINER LEGAL SERVICES - NON RETAINER ADOPTED - 1999 -2000 $82,500 _ 57,000 _ 9,500 19,000 9,500 91500 2,375 14,375 1,200 250 800 — - - -- 348 349 350 351 352 3410 $8_2,500 _ 57,000 9,500_ ____ 19,000 _ 9,500_ 9,500 - - 2,375 14,375 1,200 250 800 35 3 3420 EL CONSULTING- TECOMMUNICATI 354 355 356 3435 3440 3450 CONSULTING -REAL PROPlFORECL CONSULTING -LABOR _ CONTRACTUAL SERVICES 0 _ 0_ _ 0 0 0 0 357 3451 3452 4070 5210 CONTRACTUAL SVCS -COURT REP CONTRACTUAL SVCS -CODE ENFC TRAVEL & CONFERENCE SUPPLIES _ MEMBERSHIPS &SUBSCRIPTIONS - - -- 358 359 360 36 1 5410 0 362 363 364 - -- - - - -- $206,000 -' -- $206,000 - TOTAL SERVICES & SUPPLIES_ - - - - - - -- _ $206,000 3206,000 0 - - - -- - - -- 0 365 366 TOTAL OPERATING EXPENSES 367 CAPITAL OUTLAY_ EQUIPMENT OFFICE - - -- - - -- - — - -- 368 369 6420 - $0 370 TOTAL CAPITAL OUTLAY - -- OUTLAY $0 _ ::so 0 371 373 0 - - -- -- -- - - - - -- $206,000 - 0� - ---- -- -- - - -- - TOTAL EXPENDI- TURES - -- $206 000 - - - -' - BUDGETED POSITIONS - 0 - -- - - - -- - - - -- --- -- - - - CITY ATTORNEY CURRENTLY RETAINED UNDER CONTRACT 374 375 376 377 • 378 379 - - - THIS PAGE IS PRINTED ON RECYCLED PAPER -C -� - - -- - - - - -- -- -- - - -- 360 CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E GENERAL 382 FUND 383 _ DEPARTMEN _- BUILDING _01 _ 16 384 385 386 DIVISION FUNCTION BUILDING PROTECTIVE INSPECTIONS _ 10 524 _ 387 ADJUSTMENT DEPARTMENT'S_ 388 ACCT _ _ _ _ _ ACCOUNT CLASSIFICATION _ ADOPTED_ RECOMMENDED PROJECTIONS 389 NO _ 1999- 2000_ _ 1999 -2000 1999 -2000 _ 390 _ __ _ SALARIES & FRINGE BENEFITS 391 1110 SALARIES & WAG_ES -EXECUTIVE $0 0 $0_ 392 1210 SALARIES & WAGES -REGULAR 261,238 10,307 271,545 393 1410 OVERTIME 3,000 (500) 2,500 394 - - -- - $274,045 -- -- 395 TOTAL SALARIES & WAGES - $264,238 - - - -- -- 9,807 396 - - - 397 2110 F. I. C. A. 20,214 751 20,965 398 2310 _ GROUP HEALTH INSURANCE 27,646 0 27,646 399 $322,656 400 _____ TOTAL PERSONNEL SERVICES $312,096 10,558 401 SERVICES & SUPPLIES 402 403 3150 CONTRACT INSPECTORS -_ _ $142,350 - _ (7,350) $135,0_00 404 3450 CONTRACTUAL SERVICES _ 1,432 _(119) 1,313 405 4070 TRAVEL & CONFERENCE 2,000 (140) 1,860 406 EMPLOYEE-EDUCATION _(639)_ _ 2,361_ 407 _4080 5210 SUPPLIES _ _ _ _ 2,000 - 500 408 5220 UNIFORMS !_ 1,300 (100)_ _ 1,200 4091 5410 MEMBERSHIPS & SUBSCRIPTIONS 675 525 1,200 410 -1 _ $152,757 -- --- I $464,855 -- - - - - - -- - (79323) 3,235 -- - -- - -- - - _ $145,434 -- f-$468,090 411 412 Ll 3 414 415 - - - _ TOTAL SERVICES & SUPPLIES �- -- - - - - - -- TOTAL OPERATING EXPENSES - -- CAPITAL OUTLAY - ---- ---- -- -_ 416 _- _ 6420 EQUIPMENT OFFICE_ _ $0 - 0 $0 417 6430 _ EQUIPMENT OPERATING_ __- - 0 - -- 575 - - - - 575 -- 418 - -- -- TOTAL CAPITAL OUTLAY $0 575 $575 - - - -- - - _$468,665 419 420 ^ - - - - - -- 421 TOTAL EXPENDITURES $464,855 422 1 _3,810 - 423 BUDGETED POSITIONS 7______ 0 7 424 _ -- - -- l - - _ - 425 ITHIS PAGE IS PRINTED ON RECYCLED PAPER - - - - -- -- CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A 0 C D E 426 427 FUND GENERAL �- 01 428 _ DEPARTMEN PLANNING -_ - 16 429 DIVISION PLANNING & ZONING 20 430 FUNCTION PROTECTIVE INSPECTIONS 524 431 432 _____ ADJUSTMENT DEPARTMENTS 433 ACCT _ ACCOUNT CLASSIFICATION__ - _ ADOPTED RECOMMENDED_ 1999 -2000 PROJECTIONS 434 NO _ - 1999 -2000 _ 1999.2000 435 ____ _ _ SALARIE_S & FRING_E BENEFITS _ 436 _ 1110 SALARIES & WAGES - EXECUTIVE - �$0 0 $0 437 1210 SALARIES & WAGES - REGULAR- 258,860 (23,908) _ 234,952 438 1310 SALARIES & WAGES - PART TIME 0 _ _ 0 0 439 1410 OVERTIME I 1,500 1,000 440 - -- - - - --(560-) - - -- - ' 235,952 441 TOTAL SALARIES & WAGES 260,360 (24,408) 442 443 2110 F. I. C. A. _ _ 19,917_ (1,867) 18,050 444 2310 GROUP HEALTH INSURANCE 20,102 (0) 20,102 445 (26,275) $274,104 446 TOTAL PERSONNEL SERVICES $300,379 447 446 SERVICES & SUPPLIES 449 3100 PROFESSIONAL SERVICES $60,000 (_30,000) $30,000 450 3450 CONTRACTUAL SERVICES 17,120 42,880 60,000 451 3480 MICROFILMING _ 6,000 _ - -(3,500).-- _ 750 _ _ -2,500 2,500 452 4070 _ TRAVEL & CONFERENCE_ 1,750 453 4080 EMPLOYEE - EDUCATION 1,200 (200) _� 1,000 454 4910 LEGAL ADS(ZONING CHANGES) 20,000 (_2,000)_ 18,000 455 5210 _ SUPPLIES 3,500 1,500 5,000 456 5410 _ _ MEMBERSHIPS & SUBSCRIPTIONS 2,100 400 2,500 457 - 9,830 - -- -- $121,500 _ ' ___ TOTAL SERVICES &SUPPLIES $111,670 M460 .,.- -- -- - - (16,445) $395,604 TOTAL OPERATIN_G_EXPENSES $412,049 461 - 462 CAPIT_A_L OUTLAY 463 _ 64 20 EQUIPMENT 51,350_ (110) 464 465 6430 EQUIPMENT OPERATING 12,700 5,550 18,250 V $19,490 466 TOTAL CAPITAL OUTLAY i $14,050 _ 5,440 467 468 TOTAL EXPENDITURES $426,099_ (11,005) $415,094 469 - ` -� - _ 470 BUDGETED POSITIONS 7 0 471 472 -- - -- -- THIS PAGE IS PRINTED ON RECYCLED PAPER � - - CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A I B C D E 473 FUND GENERAL 01 474 DEPARTMEN _ PUBLIC WORKS _- �- 17 _ _ 475 DIVISION SUMMARY 476 FUNCTION PHYSICAL ENVIRMNT /G_ENRL MTC_I XXX 477 _ _ _ _ __ ADJUSTM_ENT _ _ _ ___ DEPARTMENT'S 478 ACCT _ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 479 NO �- 1999.2000 1999.2000 1999 -2000 4801 - SALARIES & FRINGE BENEFITS _ _ 481 1110 SALARIES & WAGES -EXECUTIVE $0 _ 0 $0 482 1210 SALARIES & WAGES - REGULAR 955,908 57,072 1,012,980 483 1410 OVERTIME 45,300 6,200 51,500 484 _ __- -_ - - - -- 485 TOTAL SALARIES & WAGES $1,001,208 63,272 486 2110 F. 1. C. A. 76,591 5,606 _$1,064,480 82,197 487 2310 GROUP HEALTH INSURANCE 78,617 (0) 78,617 486 -- - -- - $1,225,294 489 _ TOTAL PERSONNEL SERVICES $1,156,417 _ 68,877 490 491 _ ____ _ _ SERVICES &SUPPLIES 492 3150 ENGINEERING _ _ $1,000 0 $1,000 493 3450 CONTRACTUAL - SECURITY 11,8_50 4,950 16,800 494 3470 _ INTERLOCAL AGREEMENT -RECYC 0 75,0_00 495 3610 REFUSE DISPOSAL FEE _ _75,000 458,0001 17,000 496 4070 _ _ TRAVEL &CONFERENCE _ 1,425 _ - _ _4_75,0_0_0 - 1,425 497 4080 EDUCATION 5,445 _0 (1,160) 4,285 498 4110 -_ POSTAGE 0 0 499 4310 _ UTILITIES -ELECTRIC _ 54,000 0 _0 54,000 500 4320 UTILITIES -WATER 10,000 __- 4,000 _ 149000 501 4620 MAINT & REP: OP_ERATING_E_Q_U_IP _ 3,800 (9_00) 2,9_00 502 4630 MAINT &REP. -COMM. EQUIP._ _ 500 503 4640 _- MAINT & REP: STRS & PKWAYS 3,500 _800 2,000 _1,300 5,500 504 4650 PARKS & STREETS ELECTRICITY 80,500_ 1,500 82,000 505 506 507 508 509 510 511 512 513 4670 4680 5210 5220 _ 5230 5240 _ 5245 5250 5260 MAINT & REP.-GROUNDS & STRUC MAINT & REP.-OUTSIDE SERVICES - SUPPLIES UNIFORMS _ _ FUEL & LUB_. PARTS _ TOOLS - TIRES _ CHEMICALSISUP_PLIES _ 40,000 53,000 -- - 16,815 11,187 90,000 _ 50,000 _- - _ 0 I 31,3_50 1 10,000 - 6,000 960 0 55,000 0 -__0 -- (3,350) 1,000 __ 50,000 - --59,000 17,775 _ 11,187 -_ 145,000 - _ 50,0.00 - -_ if - 28,000 9,0_00 514 5270 PERMITS _ _8,00_0 1_,320 _ _ _ 1_,_320 515 5410 MEMBERSHIPS & SUBSCRIPTIONS - _ _ - 238 _0 12 250 516 - - - -- - - - - -- - --- - -- - - - - - - -- 51,006,930 - -- 97,812 -- --- - - - - -- $1,104,742 517 - TOTAL SERVICES & SUPPLIES 518 - -- 519 TOTAL OPERATING EXPENSES 166,689 $2,330_,036_ 520 - _ CAPITAL OUTLAY_ _ _$2,163,347 521 6420 EQUIPMENT OFFICE $0 �0 $0 522 _ 6430 EQUIPMENT OPERATING 52,752 _ (10,594) 42,158 523 $52,7_52 - $_42,158 524 TOTAL CAPITAL OUTLAY (10,594) 525 156,095 $2,372,1M94 526 -- TOTAL EXPENDITURES $2,216,099 527 - - - -- -- 528 1BUDGETED POSITIONS ! - 30 1 31 529 THIS PAGE IS PRINTED ON RECYCLED PAPER _ _ CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 530 531 FUND GENERAL 01 532 D_EPARTMEN _ PUBLIC WORKS _ _ 17 533 DIVISION _ BUILDING MAINTENANCE I 10 534 _ FUNCTION _ _ OTHER GENERAL GOVT. SVCS_- _ 519 _ 535 _ 536 ADJUSTMENT_ DEPARTMENT'S 537 ACCT ACCOUNT CLASSIFICATION RECOMMENDED PROJECTIONS 538 NO -_^ _ADOPTED _ 1999.2000 _ 1999.2_000 539 _ SALARIES & FRINGE BENEFITS _1999.2000 _ 540 1210 SALARIES & WAGES • REGULAR $122,997 12,307 $135,304 541 1410 OVERTIME 9,000 0 9,000 542 $144,304 - - -- -- 543 TOTAL SALARIES & WAGES $131,997 12,307 - 544 - -- 545 2110 C. A. 10,098 941 11,039 546 _ 2310 GROUP HEALTH INSURANCE _ 13,088 _ (0) _ 13,088 547 _ $168,431 548 TOTAL PERSONNEL SERVICES $155,183 13,248 549 _ 550 _ SERVICES & SUPPLIES__ 551 3450 CONTRACTUAL SERVICES _ $10,000 6,800 _ $16,800 552 4080 EDUCATION 750 110 860 553 4310 UTILITIES - ELECTRIC 54,000 0 54,000 554 4320 UTILITIES-WATER_ 10,000 4,000 14,000 555 441_0 _ LEASE PURCHASE_ 0 0 556 _ 4620 _ MAINT & REP.-OPERATING EQUIP_ _ - -_ 1,900 0 _ -0 _ 1,900 557 4670 MAINT & REP.-GROUNDS & STRU_C 107000 50,000 558 5210 SUPPLIES _ _40,000 9,975 525 10,500 559 5220 _ _ UNIFORMS 1,380 _ 0 _ 1,38_0_ 560 21,435 $149,440 561 TOTAL SERVICES & SUPPLIES $128,005 562 - $317,871 563 TOTAL OPERATING EXPENSES $283,188 34,683 564 - - -- -- -- - - - - - - -- 565 CAPITAL OUTLAY 566 6420 OFFICE EQUIPMENT $0 0 $0 567 6430 OPERATING EQUIPMENT 0 1,253 1,253 56 8 - -- -- - -- i -- -- - -- -- 1,253 -- -- $1,263 $319,124 569 - TOTAL CAPITAL OUTLAY _ '__ - -_ $0 $283,188 570 - - 571 _- TOTAL EXPENDITURES 35,936 572 573 574 575 - BUDGETED POSITIONS _ THIS PAGE IS PRINTED ON RECYCLED PAPER 5 0 - 5 CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 576 FUND GENERAL _ _ 01 577 _ DEPARTMEN PUBLIC WORKS 578 DIVISION SOLID WASTE COLLECTION - 20 ^ 579 FUNCTION PHYSICAL ENVIRONMENT 534 _ 580 581 -__ - _ ADJUSTMENT_ DEPARTMENT'S_ 582 ACCT _ _ ACCOUNT CLASS_ IFICATION - _ _- _ADOPTED RECOMMENDED PROJECTIONS 5831 NO 1999 -2000 1999 -2000 1999 -2000 584 _ SALARIES & FRINGE BENEFITS_ 585 1210 SALARIES & WAGES - REGULAR _ $371,182 47,186 $418,368_ 586 1410 OVERTIME 30,000 5,000 35,000_ 587 _ _ $453,368 5881 TOTAL SALARIES & WAGES $401,182 - -- 52,186 589 - - - -- - -- - - -- 590 2110 F. I. C. A. 30,690 3,993_ 34,683 591 2310 _ GROUP HEALTH INSURANCE 31,142 (0) 31,142 592 $463,014 --- - - - $519,193 593 TOTAL PERSONNEL SERVICES - 56,179 -- 594 - - -- - - - - - -- 595 SERVICES & SUPPLIES _ 596 3470 INTERLOCAL AGREEMENT- REC_YC $75,000 0 $75,000 597 4080 EDUCATION �_ 11350 (850) 500 598 4110 _ POSTAGE 0 0 0 599 4340 REFUSE DISPOSAL FEE 458,000 17,000 475,000 600 _ 5210 _ SUPPLIES 2,565_ 435 3,000 601 5220 UNIFORMS -- --- 5,128 - -- -- _ 0 - - - -- - 5,128 602 -- ------ - - - -- -- - - -- $558,628 603 TOTAL SERVICES & SUPPLIES- $542,043 16,585 604 $1,005,057 - 605 TOTAL OPERATING EXPENSES- 72,764 - -- $1,077,821 606 - - - - - - - -- _ - -- - - - -- -- 607 CAPITAL OUTLAY - -- -- - - - -_- -_ -- -_ __ __- 608 6430 OPERATING EQUIPMENT $0 88 _ $88 609 610 TOTAL CAPITAL OUTLAY $0 88 $88 611 - - - -- $1,005,057 - 72_,852 -- - - - - -- $1,077,909 612 TOTAL EXPENDITURES 613 _ 614 BUDGETED POSITIONS 13 13 615 616 ITHIS PAGE IS PRINTED ON RECYCLED PAPER _ CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET 617 618 619 620 621 622 A FUND DEPARTMEN DIVISION FUNCTION B GENERAL PUBLIC WORKS STREET MAINTENANCE _ OTHER GENERAL GOVT. SERVICE C 01 17 _ 30 541 D E- _ 623 I ADJUSTMENT DEPARTMENT'S 624 ACCT ACCOUNT CLASSIFICATION RECOMMENDED PROJECTIONS 625 _ NO _ADOPTED 1999 -2000 1999 -2000 1999.2000 626 __ SALARIES_ &_FRINGE BENEFITS _ _ 627 _ - 1210 SALARIES WAGES - REGULAR $135,382 _ (1_7,798) 5,000 __- _$117,584 10,000 628 1410 _& OVERTIME _- 5,000 629 - - -- - - -- $140,382 630 TOTAL SALARIES & WAGES (12,798) $127,584 631 _ 632 2110 F. I. C. A. ___ 10,357 (597) 9,760 633 2310 GROUP HEALTH INSURANCE 13,186 0 13,186 634 $163,924 635 TOTAL PERSONNEL SERVICES (13,394) $150,530 636 637 _ SERVICES _ &_SUPPLIES _ 638 3150 ENGINEERING $1,000 0 $1,000_ 639 4080 EDUCATION_ 1,420 (420) _ 1,000 640 _ 4640 _ MAINT & REP.S_TRS & PARKWAYS 3,500 2,000 - 5,500 641 4650 ELECTRICITY 80,500 1,500 82,000 642 5210 SUPPLIES -_- 2,850 _ 0 2,850 643 5220 UNIFORMS - 1,354 _ 0 _ 1,354 644 - -- _- 3,080..- $93,704 645 _ TOTAL SERVICES & SUPPLIES j $90,624 646 $254,548 (10,314) $244,234 647 _ TOTAL OPERATING EXPENSES 648 _ _ 649 CAPITAL OUTLAY --------------- -- OFFICE EQUIPMENT 650 -- -- 6420 $0 0 $0 651 6430 OPERATING EQUIPMENT 652 - - -- - - -- - _ - -- - -� - �_ - - 0 - - - -- - _ $0 -- - $244,234 _- 4 653 654 655 656 -- TOTAL CAPITAL OUTLAY -- $0 - -- - - -- - -- TOTAL EXPENDITURES ^- -�_ $254,548 BUDGETED POSITIONS 4 _(10,314) -0 657 658 659 ITHIS PAGE IS PRINTED ON RECYCLED PAPER _ CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 660 661 662 663 664 665 FUND _ DEPARTMEN DIVISION FUNCTION GENERAL _ PUBLIC WORKS EQUIPMENT MAINTENANCE OTHER GENERAL GOVT SERVICES _ _ 01 17 60 519 - _ - _ 666 1 ADJUSTMENT DEPARTMENT'S_ 667 ACCT _ __- - ACCOUNT CLASSIFICATION - - - -- - -- ADOPTED -- -- - RECOMMENDED _ PROJECTIONS _ -1999 668 N6 __ ____1__1_999. 2000_ 1999.2000 -2000 669 SALARIES &FRINGE BENEFITS__ _ _ 670 1210 SALARIES & WAGES - REGULAR _$147,695 9,623 $157,318 671 1410 _ OVERTIME 5,500 1,500 7,000 672 - -- -- -- - - -- - 11,123 - - $164,318 673 TOTAL SALARIES & WAGES - $153,195 674 -- -- -- - - - - -- - - 675 2110 F. I. C. A. 11,719 851 12,570 676 2310 GROUP HEALTH INSURANCE 10,519 0 10,519 677 $175,433 - $187,407 778 TOTAL PERSONNEL SERVICES 11,974 679 - 680 SERVICES & SUPPLIES 681 4080 EDUCATION - ___ $1,255 $1,255 682 4455 LEASE PURCHASE- TRUCKS 0 -0 12,935 12,935 683 4620 MAINT & REP.-OPERATING EQUIP_ 1,900 (900)_ 1,000 684 4630 MAINT & REP.-COMM. EQUIP. _ 500 800_ 1,3_00 685 4680 _ MAINT & REP.-OUTSIDE SER_ VICES_ 53,000 6,000 59,000 686 5220 UNIFORMS _ 3,325 0 3,32_5 687 5230 FUEL* LUBRICANTS _ 90,000 55,000 145,000 688 5240 PARTS - 50,000 0 50,000 689 5245 TOOLS _ _ 0 0 0 690 5250 _i TIRES - 31,350 _ (3,350) _ _ -- 28,000 691 5260 CHEMICALS/SUPPLIES 8,000 9,000 692 - -___ _ _ -- -� TOTAL SERVICES & SUPPLIES -- - - - $239,330 - - -1,000 - 71,485 - - $310,815 $3 693 694 -- -- - - -39 $414,763 - - --1 - 83,459 -- - 695 OPERATING EXPENSES $498,222 696 - -TOTAL - - - -- - - -- - 697 698 699 _ 6420 6430 CAPITAL OUTLAY__ OFFICE EQUIPMENT OPERATING EQUIPMENT _ $0 - 52,752 0 (11,935) _ $0 40,817 700 $52,752 _ - (11,935) $40,817 701 TOTAL CAPITAL OUTLAY 702 - -- - - - -- - -- -- 71,524 -- 703 TOTAL EXPENDITURES -- -- $467,515 704__� CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 708 709 FUND GENERAL 710 DEPARTMEN PUBLIC WORKS 17 - 711 DIVISION OFFICE OF THE DIRE-CTOR 70 -- 712 FUNCTION _ OTHER GENERAL GOVT. SERVICE - - _ 519 _ 713 -_ -- - - - - - -- - -- 714 _ ADJUSTMENT_ DEPARTMENT'S_ 715 ACCT ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 716 NO __ _ _ 1999 -2000 1999 -2000 _ 1999.2000 717 SALARIES & FRINGE BENEFITS 718 1110 SALARIES & WAGES -EXECUTIVE $0 0 $0 719 1210 SALARIES & WAGES - REGULAR _ _ 178,652 5,754 184,406 720 1410 OVERTIME - - 800 (300) _ 500 721 - - - - -- $184,906 722 TOTAL SALARIES & WAGES $179,452 5,454 723 -- 724 2110 F. I. C. A. 13,728 417 14,145 725 2310 GROUP HEALTH INSURANCE - - 10,682 10,682 726 _(0) $209,733 727 TOTAL PERSONNEL SERVICES _ $203,862 5,871 728 - 729 SERVICES & SUPPLIES 730 3450 CONTRACTUAL SERVICES _$1,850 $0 731 4070 _ TRAVEL & CONFERENCE 1,425_ 0 1,425 732 4080 EDUCATION - 670 0 _ 670 733 5210 SUPPLIES -- -__ - __- 1,425 _ 0 1,4_25 734 5270 PERMITS_ - _1,320 238 _ 0 12 1,320 250 735 5410 _ MEMBERSHIPS & SUBSCRIPTIONS 736 _ -- $6,928 - - $5,090 737 - - TOTAL SERVICES &SUPPLIES - - -- ---(,1,838) 738 _- -- - $214,823 739 - TOTAL OPERATING EXPENSES _! $210,790 - 4,033 740 - - - -�- -- - - - - - - -- 741 742 6420 CAPITAL OUTLAY -- - - -- OFFICE EQUIPMENT $0 0 $0 743 6430 OPERATING EQUIPMENT__ 0 _ p -- 0 744 -- $0 0 $0 745 TOTAL CAPITAL OUTLAY_ - -�_ 746 $210,790 _ 4,033 -- - -- $214,823 747 TOTAL EXPEN_ DITURES 748 _ -- - --- -- 749 - BUDGETED POSITIONS 4 0 4 750 -+ - - - 751 THIS PAGE IS PRINTED ON RECYCLED PAPER i J CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET r75 A FUND DEPARTMEN DIVISION I B GENERAL PUBLIC SAFETY POLICE C 01 I- D E - FUNCTION ACCT LAW ENFORCEMENT -- 521 ADJUSTMENT DEPARTMENTS 17571 758 NO SIF ACCOUNT CLASICATION __ RECOMMENDED PROJECTIONS 759 __ _ADOPTED 1999.2000 1999.2000 1999.2000 760 SALARIES & FRINGE BENEFITS_ 761 1110 SALARIES & WAGES_- EXECUTIVE _ 0 762 1210 SALARIES & WAGES - REGULAR __$0 _ - 3,066,300 (41,798) 763 1310 SALARIES & WAGES -PART TIME 55,670 (55,670)_ _3,024,502 p 764 1410 OVERTIME 250,000 40,000 290,000 765 $3,371,970 - $3,314,502 766 _ TOTAL SALARIES & WAGES _ (57,468) 767 - 768 -- 1510 SPECIAL PAY - EDUCATION INCEN. _ 20,000 3,400 769 1520 OFF DUTY PAY - -- 270,000 (78,803) _ _2_3,400_ 191,197 770 1530 HAZARD PAY 31,200 _ -- (1,000) 30,200 771 2110 F. I. C. A. _ 282,528 (10,242)_ 272,286 772 2310 GROUP HEALTH INSURANCE 217,945 0 217,945 773 -- _$4,193,642 (144,112) - - -- $4,049,530 774 TOTAL PERSONNEL SERVICES 775 - 776 SERVICES & SUPPLIES - 777 3116 ANNUAL PHYSICALS & DRUG TEST _- $5,000 3,700 $8,7p0 778 779 3450 3490 CONTRACTUAL SERVIC_E_S_ _ CRIME PREVENTION PROGRAM - _- - 46,230 (1,230)" 45,000 _-- _8,000 (507) 7,493 780 40_70 TRAVEL & CONFER_ENC_E 2,500 1,500 4,000 781 4080 TRAINING &EDUCATION_ - -_ 20,000 - __ -(860) p _ 0 _ - 19,140 - -- -- 0 11,780 782 4410 LEASE PURCHASE 0 11,780 783 4440 LEASE PURCHASE - TELEPHONE 784 4450 TE ASE PURCHASE - POLICE VEHICL 103,816 0 103,816 785 4620 MAINTENANCE &_REP. - EQUIP_ _ _ 12,000 3,000_ 15,000 786 4630 MAINT & REP -COMM EQUIP MAINTENANCE & R_EP: STRUCTUR_ 34,440 0 34,440 787 4670 13,500 _ 200 (10,000) 0 _ 3,500 200 788 789 4940 40 96 PRISONER DETE_NTIO_N_ _ SPECIAL INVESTIGATIONS _ 10,000 _ (4,000) 6,0_00 790 791 _ - 4970 5210 APPLICANT TESTING 10,00_0 _ 0 10,000 42,295 _ SUPPLIES 792 5220 UNIFORMS 60,000 - 3,220 - - 0 - - 60,000 3,200 793 - -_5410 MEMBERSHIPS &SUBSCRIPTIONS 1 - -i 794 TOTAL SERVICES & SUPPLIES I - -- $370,686 - - -- - $4,564,328 -- - -(20) 3,878 - - - - -- - $374,564 -- $4,424,094 795 796 797 - - TOTAL OPERATING EXPENSES -1 (140,234) 796 - - -- -- 799 CAPITAL OUTLAY -- - - -- -- 800 6420 OFFICE EQUIPMENT - _ $5,000 _ 3,850 $8,850 801 6430 OPERATING EQUIPMENT - 90,000 4,757 94,757 802 - $103,607 803 - TOTAL CAPITAL OUTLAY - _ $95,000 - - - 8,607 s04- -- ___(131,627) - $4,527,701 805 TOTAL EXPENDITURES - $4,659,328 806 807 - - BUDGETED POSITIONS 78 p 808 8o9 610 THE BUDGET FOR ACCOUNT NUMBER 1520 "OFF DUTY PAY" IS OFFSET BY_RE THE _SAME AM_ OF REVENUE IN ACCOUNT NUMBER 42.10 -11 "POLICE EXTRA DUTY" IN THE VENUE BU 811 THIS PAGE IS PRINTED ON RECYCLED PAPER -� - CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A I B C D E 812 FUND_ GENERAL 01 813 DEPARTMEN _ _ RECREATION 20 814 DIVISION _ PARKS & RECREATION_ _ _ __- XX _ 815 FUNCTION RECREATION ACTIVITIES _ - XXX_ -- 816 _ 817 _ ADJUSTMENT DEPARTMENT'S 818 ACCT _ ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 819 _ NO 1999.2000 1999 -2000 1999 -2000 820 _ SALARIES &FRINGE BENEFITS _ _ 821 1110 SALARIES & WAGES -EXECUTIVE $0 0 $0 822 1210 SALARIES & WAGES - REGULAR 565,455 8,564 574,019 823 1310 SALARIES & WAGES -PART TIME 0 0 0 824 1410 OVERTIME 13,142 9,858 23,000 825 - - - _ -- - $597,019 826 TOTAL SALARIES & WAGES $578,597 18,422 827 - -- - - -- -- --- -- - - -- 828 2110 F. I. C. A. 43,880 1,793 45,673 829 2310 GROUP HEALTH INSURANCE d 58,208 0 58,208 830 831 _ TOTAL PERSONNEL SERVICES $6801685 $700,900_ 20,215 832 833 SERVICES & SUPPLIES 834 3100 PROFESSIONAL SERVICES $0 0 $0 835 3130 TENNIS PRO 19,800 0 19,800 836 3450 CONTRACTUAL SERVICES 45,140 11,277 56,417 837 4070 _ TRAVEL & CONFERENCE 3,000 (_1_,000) 2,_000 838 EDUCATION 690 _ _ (190)_ 500 839 _4080 4350 _ ELECTRICITY (CITY PARKS) _ ! 3_5,000 _ 0 35,000 840 4420 OUTSIDE SERVICE RENTAL 5,000 4,000 841 4455 _ LEASE PURCHASE - TRUCKS ' 0 _(1,000) 0 0 842 4620 MAINT & REP - OPERATING EQUIP 40,000 0 40,000 843 4625 LANDSCAPE IMPROVEMENTS 82,500 (12,045) _ 70,455 844 4670 MAINT & REP -GRDS & STRUCTURE 10,000 0 10,000 845 4690 MAINT & REP. - TENNIS FACILITY 6,000 0 6,000 846 4820 FOURTH OF JULY FIREWORKS 9,548 202 9,750 847 5210 _ SUPPLIES 8,700 (_3,475) _ 5,225 848 5220 UNIFORMS _ 5,972 1,500 7,472 849 _ 5245 TOOLS_ 3,000 0 3,000 850 5410 _ MEMBERSHIP_S_& SUBSCRIPTIONS _ _5,000 (2,500) - 2,500 851 5550 S_C_HOOL PROGRAMS 37,498 (6,498) 31,000 852 _ 5610 _ _ BASEBALL 2,500_ (2,390) 110 853 5620 SOFTBALL 2,500 (2,000) 500 654 5621 JADULT SOFTBALL_ LEAGUES 3,540 741 855 5630 - FOOTBALL 2_4,000 _(2,799) (3,500)_ 20,500 856 _ 5631 _ CHEERLEADERS 6,877 0 _ 6,877 857 5635 _ DANCEIMODELING _ 3,000 700 3,700 858 5640 BASKETBALL 2,500 _ (_1,710) 790 859 5641 ADULT BASKETBALL LEAGUES_ 2,280 (332) 1,948 860 5650 SOCCER 1,777 (1,777) 0 861 5660 SPECIAL YOUTH PROGRAMS _ 12,000 _ 13,500 25,500 862 5670 _ SPECIAL RECREATION PROGRAM_ _ 6,540 13,500 863 5680 SENIOR CITIZENS PROGRAM _ 15,000 _6,960 (1,000) _ 14,000 864 -- - - - - -- -- - - - - -- - - -- 865 TOTAL SERVICES & SUPPLIES $399,362 (8,077) $391,285 866 _ - $1,092,185 _ TOTAL OPERATING EXPENSES $1,080,047 12,138 M86 - THIS PAGE IS PRINTED ON RECYCLED PAPER - i CITY OF SOUTH MIAMI 2DOO -2001 PROPOSED BUDGET A B C D E 870 871 _ FUND GENERAL 01 872 DEPARTMEN RECREATION 20 873 DIVISION PARKS ✓3< RECREATION XX 874 FUNCTION RECREATION ACTIVITIES XXX 875 876 ADJUSTMENT DEPARTMENT'S 877 ACCT ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 878 NO 1999 -2000 1999 -2000 1999 -2000 879 880 CAPITAL OUTLAY 881 6420 OFFICE EQUIPMENT SO 661 $661 682 _ 6430 OPERATING EQUIPMENT _� _ 12,630 26,068 38,698 683 26,729 8841 TOTAL CAPITAL OUTLAY _ $12,630 $39,359 885 886 TOTAL EXPENDITURES $1,092,677_ 38,867 $1,131,544 887 ======== 886 _ IBUDGETED POSITIONS _ 22 0 22 889 _ 890 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 891 -- `-- 892 - -- 893 FUND GENERAL _ 01 894 DEPARTMEN _ _ RECREATION _ 20 _ 895 DIVISION PARKS & RECREATION _ _ 896 FUNCTION RECREATION ACTIVITIES _00 572 897 898 ADJUSTMENT_ DEPARTMENT'S_ 899 ACCT ACCOUNT CLASSIFICATION - ADOPTED RECOMMENDED PROJECTIONS 900 NO 1999.2000 1999 -2000 1999 -2000 901 SALARIES & FRINGE BENEFITS 902 1110 SALARIES & WAGES - EXECUTIVE $0 0 _ $0 903 1210 SALARIES & WAGES - REGULAR _ 415,439 30,446 445,885 904 1310 SALARIES & WAGES - PART TIME 0 0 0 905 1410 OVERTIME 8,142 1,858 10,000 906 - - - -- -- -- - - -- -- $455,885 907 TOTAL SALARIES & WAGES $423,581 32,304 908 909 2110 F. I. C. A. 32,404 2,472 34,876 910 2310 _ GROUP HEALTH INSURANCE 43,647 (0) 43,647 911 - - $534,408 912 TOTAL PERSONNEL SERVICES $499,632 34,776 -- 913 _ - - - - - -- - _ - - - -- 9141 SERVICES & SUPPLIES 915 3100 PROFESSIONAL SERVICES $0 0 _ $0 916 3130 TENNIS PRO 19,800 0 19,800 917 3450 _ CONTRACTUAL SERVICES _ _ 1,777 _ 18,417 918 _ 4070 TRAVEL & CONFERENCE - _3,000 _ (1,000) _ 2,000 919 4350 ELECTRICITY (CITY PARKS) - 35,000 _ 0 _ 35,000 920 4420 OUTSIDE SERVICE RENTAL - 5,000 (1,000) 4,000 921 4620 MAINT & REP - OPERATING EQUIP 40,000 0 40,000 922 4690 MAINT & REP.-TENNIS FACILITY 6,000 0 6,000 923 4820 FOURTH OF JULY FIREWORKS _ 9,548 202 _ - 9,750_ 924 925 926 927 _5210 _ 5220 5410 5550 S_UPPL{ES _ UNIFORMS_ MEMBERSHIPS & SUBSCR_IPTIONS SCHOOL PROGRAMS _ 3,000 - 4--,0-00-- _ 5,000 37,498 _ _(1,075) 1,500 -_ _ _V (2,500) _ _ 1,925 _ _ 5,500 _ 2,500 - 31,000_ 928 5610 BASEBALL _ 2,500 _(6,498) 110 929 SOFTBALL_ 2,500 _(2,390) _ - 500 930 _ _5620 5621 _ _ __ ADULT SOFTBALL LEAGUES ^v�v 3,540 _(2,000) _ -- (2,799) - - 741 19311 5630 FOOTBALL 24,000 (3_,500) 20,500 932 5631 CHEERLEADERS _ 6,877_ 0 _ 6,877 933 5635 DANCEIMODELING _ 3,000 _ 700 3,700 934 5640 _ BASKETBALL _ -- 2,500 (1,710) 790 935 56 A _ 1,777 (332) _ - -_ 1948 936 5650 SOCCER - 0 937 5660 _ _ _ _ SPECIAL YOUTH PROGRAMS _ 12,000 ^(1,777) 13,500 -- 25,500 938 _ 5670 SPECIAL RECREATION PROGRAM - 6,540 6,960 _- 13,500 939 5680 SENIOR CITIZENS PROGRAM 15,000 _ (1,000) _ 14,000 $264,058 941 TOTAL SERVICES & SUPPLIES $267,000 - (2,942) 942 - - -- - - -- - - -- - $798,466 943 TOTAL OPERATING EXPENSES $766,632 31,834 945 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET A B C D E 946 947 FUND GENERAL 01 948 DEPARTMEN _ RECREATION _ 20 949 DIVISION PARKS & RECREATION _ 00 _ 95o FUNCTION RECREATION ACTIVITIES 572 951 952 _ ADJUSTMENT DEPARTMENT'S 9531 ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED PROJECTIONS 954 NO - 1999.2000 1999 -2000 1999 -2000 955 _ 956 CAPITAL OUTLAY 957 6420 OFFICE EQUIPMENT $0 661 $661 958 6430 OPERATING EQUIPMENT 2,500 14,823 17,323 959 - - — 960 TOTAL CAPITAL OUTLAY $2,500 15,484 $17,984 961 __ $769,132 962 TOTAL EXPENDITURES _ 47,318 $816,450 963 =_= � CITY OF SOUTH MIAMI 2000.2001 PROPOSED BUDGET 967 968 969 970 971 A FUND ^ DEPARTMEN DIVISION FUNCTION B GENERAL RECREATION _ LANDSCAPE MAINTENANCE _ _ OTHER GENERAL GOVT. SERVICE - -- - C 01 20 _ 50 519 --- - -- D _ - E 972 973 ADJUSTMENT DEPARTMENT'S 974 ACCT _ _ _ ACCOUNT CLASSIFICATION _ ADOPTED RECOMMENDED PROJECTIONS 975 NO 1999 -2000 1999 -2000 _ 1999 -2000 976 SALARIES & FRINGE BENEFITS 977 1210 SALARIES & WAGES - REGULAR $150,016 (_21,882) $128,134 978 1410 OVERTIME 5,000 8,000 13,000 979 - -- $141,134 980 TOTAL SALARIES & WAGES $155,016 (13,882) 981 - _- 982 2110 F. I. C. A. 11,476 (679)_ 10,797 983 2310 GROUP HEALTH INSURANCE 14,561 0 14,561 984 _ (14,561) _ 985 TOTAL PERSONNEL SERVICES $181,053 986 _$166,492 987 SERVICES & SUPPLIES_ 988 3450 CONTRACTUAL SERVICES $28,500 9,500 $38,000_ 989 4080 EDUCATION_ 690 (190)_ 500 990 4455 _ LEASE PURCHASE TRUCKS 0 _ 0 _ 0 991 4625 _- LANDSCAPE IMPROVEMENTS _ 82,500 (12,045)_ 70,455 992 4670 MAINT & REP -GRDS & STRUCTURE_ 10,000 0 10,000 993 4680 MAINT & REP - OUTSIDE SERVICES 1,200_ 1,200 994 5210 SUPPLIES _0 (2,400) 3,300 995 5220 UNIFORMS -- _5,700 1,972 0 1,972_ 996 5245 TOOLS -- -- I 3,000 - 0 3,000 997 }- - - -- - -- (9,935) - - -- 998 TOTAL SERVIGES & SUPPLIES $132,362 $128,427 999 1 - -J_ -__ - - - $294,919 1000 TOTAL OPERATING EXPENSES (18,496) 1001 1002 _ CAPITAL OUTLAY -_ - -- 1003 1004 1005 1006 6430 - OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY - - - - -- $10,130 $10,130 - - - - - -- 11,245 11,245 $21,375 $21,375 - -- $316,294 1007 TOTAL EXPENDITURESF -I $323,545 1008 -_ ____(7,251) 1009 1010 BUDGETED POSITIONS 6 0 - - _ 6 _ ____ - - -__ _ THIS PAGE REPRESENTS THE BUDGET FOR T_HE LANDSCAPE DIVISION RECENTLY TRANS 1011 1012 M TO THE RECREATION DEPARTMENT FRO PUBLIC WORKS. 1013 - -- 1014 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A 6 C D E 1015 1016 FUND GENERAL__ 1017 DEPARTMEN NON- DEPARTMENTAL EXPENSES 21 1018 DIVISION NOWDEP_ARTMENT_AL EXPENSES 00 _ 1019 1020 FUNCTION OTHER GENERAL GOV'T SERVICES' _ 519 _ - - - - -- - 1021 _ ADJUSTMENT DEPARTMENT'S 1022 ACCT ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED PROJECTIONS 1023 NO __ 1999 -2000 1999 -2000 1999.2000 1024 _ SALARIES & FRINGE BENEFITS 1025 1210 SALARIES & WAGES - REGULAR _ $105,061 28,198 $133,259 1026 1410 OVERTIME _ 0 0 0 1027 1028 _ TOTAL SALARIES & WAGES 28,198 $133,259 1029 _$105,061 1030 2110 F.I.C.A. _ 8,903 1,291 10,194 1031 2210 PEN510N PLAN CONTRIBUTIONS 250,000 25,000 275,000 1032 2220 DEFERRED COMPENSATION CONT _ 22,500 5,500 28,000 1033 2310 GROUP HEALTH INSURANCE 8,591 0 _ 8,591 1034 $455,044 1035 _ TOTAL PERSONNEL SERVICES $395,055 59,989 1036 1037 SERVICES & SUPPLIES_ 1038 3140 PENSION PLAN- CONSULTANTS $0 0 $0 1039 3160 PRE - EMPLOYMENT PHYSICALS 3,000 (500) 2,500 1040 3450 CONTRACTUAL SERVICES 3,000 4,000 7,000 1041 3455 CHARTER/CODE REVIEW SUPPOR 0 0 0 1042 4070 TRAVEL & CONFE_RE_NCE_ _ _ _- _ 150_ _ _ 1,10_0 1043 4080 EMPLOYEEEDUCATION _950 2,000 _ _ 1,500 1044 4120 _ COMMUNICATIONS - TELEPHONE S _ _ 39,000 ___(500) 11,000 _ 50,000 1045 4425 LEASE PURCHASE- POLICE 800 MH 0 0 0 1046 4430 LEASE PURCHASE-PRINTER _ 4,011 _ 1047 4440 LEASE PURCHASE - TELEPHONE 7,000 _0_ 4,000 _ _4,011 11,000 1048 4445 LEASE PURCHASE -AS 400 8,400 _ 7,50_0 1049 4630 _ MAINTENANCE_ &_REP-COMM E_QPT 3,500 _(900) 31,500_ _ 35,000 1050 4632 MAINTENANCE & REP - INTERNET S 20,400_ (12,915) _ 7,485 1051 46331MAINTNCE- COMPUTER NETWORK 15,000_ (10,000) _ 5,000 1052 _ 4635 MAINT P. C. EQUIPMENT _ 0 0 _ 0 1053 4850 ADVERTISING - NON LEGAL 17,000 (8,000) _ _ 1054 1055 5210 ___5550 PP SULIES _ AFTER SCHOOL PROGRAM _ _ 2_,500 0 _ _ r _ 5,500 0 _ _9,000 _ _ ^ 8_,0.00 0 1056 5590 LONG RANGE PLANNING 0 _ _ _ 0 0 1057 8310 _ SEED FUNDS _ 75,000_ _(5,000) 0 _ _ _ 70,0_00 2_5,000_ 1058 9210 CONTRIBUTION TO INS. FUND 25,000 1059 9230 CONTRIBUTN TO S MARTIN TRUST 2,500 __ 0 2,500 1060 9240 _ CONTRIBUTION TO CRA TRUST FU _ _ _ 25,000 _ 0 _ 25,000 1061 9910 CONTRIBUTION - SPECIAL EVENTS 76,300_ (1,300) 75,000 1062 9920 GENERAL CONTINGENCY 242,908 60,000 1063 9925 FUCHS PRK GRANT MATCHNG FND 0 __(182,908) 0 0 1064 9930 64TH AVE PARK LOAN REPAYMEN 35,000 0 35,000 1065 9935 COMP NETWORK LOAN REPAYT _ _ 63,113 (6 3,113) 0 1066 _ 9950 RESERVE FOR REENCUMBRANCE -25,000 _ 5,000 1067 TOTAL SERVICES & SUPPLIES -_ $695,582 _(20,000) (248,986) $446,596 1068 1069 _ - - - - --- -- $901,640 1070 _ TOTAL OPERATING EXPENSES $1,090,637 _ -� (188,997) 1071 - - 1072 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2000 -2001 PROPOSED BUDGET A B C D E 1073 1074 FUND GENERAL 1075 DEPARTMEN _ NON- DEPARTMENTAL EXPENSES _ _01 21 - 1078 DIVISION NON- DEPARTMENTAL EXPENSES 00 1077 FUNCTION OTHER GENERAL GOVT SERVICES 519 1078 1079 ADJUSTMENT DEPARTMENTS 1080 ACCT ACCOUNT CLASSIFICATION ADOPTED_ RECOMMENDED PROJECTIONS 1081 NO 1999 -2000 1999 -2000 1999 -2000 1082 1083 CAPITAL OUTLAY 1084 6420 OFFICE EQUIPMENT $0 8,000 $8,000 1085 6430 OPERATING EQUIPMENT 16,200 (200) 16,000 1086 6435 _ ACQUISTN OF PA_R_KN_G METERS 0 5,982 5,982 1087 6440 CAPITAL IMPROVEMENTS 0 0 _ 0 1088 _ 13,782 $29,982 1089 $16,200 1090 1091 TOTAL EXPENDITURES $1,106,837 (175,215) $931,622 1092 _ 1093 BUDGETED POSITIONS 2.5 1 3 1094 1095 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1999 -2000 ADOPTED BUDGET A B C D E 1 IREVENUEIEXPENSE SUMMARY— — 2 1 -- – 3 FUND REVOLVING TRUST FUND 105 4 DEPARTMENT CITY MANAGER 13 _ 5 DIVISION CITY MANAGER 10 6 FUNCTION EXECUTIVE MANAGEMENT 513 7 s ADJUSTMENT DEPARTMENT'S 9 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE PROJECTIONS 10 NO -- 1999 -2000 1999 -2000 1999 -2000 11 _ REVENUES – _ - - -- - - - - - -- -- -- 12 361.200 INTEREST INCOME $300 0 $300 13 361.400 DIVIDENDS INCOME 0 0 0_ 14 381.150 TRANSFER FROM FORFEITURE FUND 0 0 0_ 151 BEGINNING CASH CARRYOVER 17,508 _ (1,250) 16,258 16 17 $17,808 $16,558 18 ITOTAL AVAILABLE FUNDS (1,250) 19 _ 20 EXPENSES -OPERATING 21 1310 -3152 ADMINISTRATIVE FEES _ 0 0 — — 0 22 1310 -6100 _ LAND ACQUISITION 0 — 0 0 23 $0� _ -- _$0 24 SUB TOTAL 0 26 EXPENSES- CONSTRUCTION - PUBLIC WORKS COMPLEX —! 26 1710 -3_151 P. W. PROFESSIONAL SERVICES 0 _ 0 29 1710 -6550 P. W. BUILDING CONSTRUCTION 0 0 _0 — 0 31 SUB TOTAL $0 0 $0 33 - - - -- -- -- - - -- $0 0 - - -- $0 34 TOTAL REVOLVING TRUST FUND EXPENSES 35 - -- - $17,808 (1,250) - - $16,558 36 CASH CARRY OVER END OF YEAR - - - 38 -- -- - -- 39 ITHIS PAGE IS PRINTED ON RECYCLED PAPER — A CITY OF SOUTH MIAMI 1999 -2000 ADOPTED BUDGET REVENUE /EXPENSE SUMMARY FUND ISELFINSURANCEFUND DEPARTMENT ATTORNEY DIVISION ATTORNEY FUNCTION LEGAL COUNSEL ACCT ACCOUNT CLASSIFICATION NO -- REVENUES AUTO REPAIRS - 361.200 INTEREST INCOME 369.900 INSURANCE CLAIM RECOVERY 369.920 MISCELLANEOUS - OTHERS 381.200 CONTRIBUTIONS FROM GENRL FUND 3,200 BEGINNING CASH CARRYOVER 0 TOTAL REVENUE -- EXPENSES - 3100 PROFESSIONAL SERVICES 4680 AUTO REPAIRS - 6430 OPERATING EQUIPMENT 9920 GENERAL CONTINGENCY 9925 SETTLEMENTS - TOTAL EXPENSES 3,200 CASH CARRY OVER END OF YEAR E 504 15 00 514 _ ADJUSTMENT DEPARTMENT'S ADOPTED ECOMMENDE PROJECTIONS 1999 -2000 1999 -2000 1999 -2000 $5,500 (4,000) $1,500 1,000 2,200 3,200 0 0 0 25,000 0 25,000 130,600 4,840 _ 135,440 $162,1001 3,040 $165,140 $1,000 (1,000) _ $0 15,000 (10,000) 5 000 0 0 0 0 0 _ _ 0 10,000 (7,000) 3 000 $26,000 _ _ (18,000) $8,000 136,100 21,040 157,140 CITY OF SOUTH MIAMI 1999 -2000 ADOPTED BUDGET I76 A I B I THIS PAGE IS PRINTED ON RECYCLED PAPER REVENUE /EXPENSE SUMMARYFU C D E FORFEITURE FUND -STATE _ 608 _ 77 -ND DEPARTMENT POLICE _ 19 78 DIVISION - POLICE 10 79 FUNCTION _ LAW ENFORCEMENT 521 _ 80 81 ADJUSTMENT DEPARTMENT'S 82 ACCT JACCOUNT CLASSIFICATION ADOPTED ECOMMENDE PROJECTIONS 831 NO 1999 -2000 1999 -2000 1999 -2000 84 85 REVENUES 86 330.100 INTERGOVERNMENTAL REVENUES $0 0 $0 87 351.100 CONFISCATED REVENUE_ _ __ 0 - 5,000 _5,000 88 351.200 AUCTION REVENUE _ 0 0 _ 0 89 361.200 INTEREST INCOME 0 1,500 1,500 90 _ BEGINNING CASH CARRYOVER 2,994 10,881 13,875 $2,994 17,381 _ $20,375 92 TOTAL REVENUE 93 94 95 EXPENSES 96 1210 SALARIES & WAGES - REGULAR $0 i,^ 0 $0 97 1410 _ SALARIES & WAGES - OVERTIME - - -_ -_ - -_ 0 -- 0 0 _-- ^ - - - -�0 98 _ 2110 FICA 0 _- _ _ 0 Y -� 99 3100 _ PROFESSIONAL SERVICES 0 _ 0 0 100 3450 _ CONTRACTUAL SERVICES 0_ 0 _ _0_ 101 3490 _ CRIME PREVENTION PROGRAMS _ 0_ �0 102 _ 3491 POLICE ATHLETIC LEAGUE PROGRA _ _ 0 0 103 !3492 D.A.R.E. PROGRAM_ 0 0 _ 0 104 3493 EXPLORER PROGRAM 0 0 0 105 4070 TRAVEL & PER DIEM _ 0 _ _ 0 -0 1 _ 0 106 4080 EMPLOYEE EDUCATION 0 �0 I _ 0 107 4120 _ _ COMM.-TEL. SERVICE __ 0 ___0 _ 0 108 4310 _ _ UTILITIES - ELECTRIC _ _ _ 0 V _ 0 1o9 _ 4400 RENTAL & LEASES 0 0 0 110 4680 MAINTENANCE - OUTSIDE SERVICES 0 2,500 2,500 111 4960 SPECIAL INVESTIGATIONS 0 _ _ 0 _ 0 112 5210 OPERATING SUPPLIES 0 0_ 113 5220 UNIFORMS _ 0 _ 2,000 _ _ 2,000 114 5410 MEMBERSHIPS & SUBSCRIPTIONS 0 0 _ 0 115 6430 OPERATING EQUIPMENT _ 0 100 _ 100 116 6560 _ CONSTRUCTION COST _ 0 0 _ 0_ 1171 9960 _ _ MISCELLANEOUS 0 0 - 0 118 119 _ _ _ TOTAL FORFEITURE FUND EXPENSES _ $0 _` 4,600 $4,600 120 121 CASH CARRY OVER END OF YEAR $2,994 12,781 $15,775 _ - -- 122 _ 123 _ — 124 THIS PAGE IS _ PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 1999 -2000 ADOPTED BUDGET A B C D E 125 l 126 REVENUEIEXPENSE SUMMARY - 127 - 128 FUND BOND TRUST FUND - SEWERS 129 DEPARTMENT FINANCE _ - 14 - 130 DIVISION FINANCE _ 10 131 FUNCTION FINANCE & ADMINISTRATION 513 132 -- - 133 - -- - - - -- 134 ADJUSTMENT DEPARTMENT'S 1351 ACCT ACCOUNT CLASSIFICATION ECOMMENDE PROJECTIONS 136 _ NO _ADOPTED 1999 -2000 1999 -2000 1999 -2000 137 _ - 138 REVENUES 139 30.100 INTERGOVERNMENTAL REVENUE $0 0 _ $0 140 61.200 INTEREST INCOME 0 1,000 1,000 141 BEGINNING CASH CARRYOVER 6,511 4,810 11,321 142 - - -- 143 $6,511 $12,321 144 TOTAL REVENUE _ 145 146 147 - - --- - -.__- 148 EXPENSES - - - - -- - - - - - -- -- -- - - - - -- -- - ---- - - - -.- 149 - - - - -- -- - - -- -- -- - -- - - -- 150 _ 7100 BOND PRINCIPAL $0 0 $0 151 7200 INTEREST EXPENSE 0 0 0 152 _ 7300 BANKING FEES _ 0 _ 153 9130 _ _ TRANSFER TO GENERAL FUND _ 0 - 0 0 154 - -- - - -- -- ----- -- - - -- 155 156 157 - -_� TOTAL EXPENSES - ---- - - - - -_- -- - - -- -- $0 = ________ - - - -- 0 --- - - - - -- - -- $0 - - - - -- -- -- - - -- - 158 159 CASH CARRY OVER END OF YEAR $6,511 - 5,810 - $12,321 160 161 - THE FINAL PAYMENT ON THE 1965 AND 1967 BONDS WAS MADE IN 1997. 162 163 164 THIS PAGE IS - - - - - - - -- - PRINTED ON RECYCLED PAPER - - - - - -- - - -- CITY OF SOUTH MIAMI 1999 -2000 ADOPTED BUDGET A B C D E 165 166 J -- REVENUE /EXPENSE SUMMARY 167 - - - -- - -- - - - -- ----- - - - - -- 168 FUND STORM WATER DRAIN TRUST 111 169 DEPARTMENT PUBLIC WORKS 17 17o DIVISION _ STREETS _ 30 171 FUNCTION OTHER GENERAL GOVT. SERVICES 541 _ 172 173 174 ADJUSTMENT DEPARTMENTS 175 ACCT _ ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE 176 NO 1999 -2000 1999 -2000 _PROJECTIONS 1999 -2000 177 - - - -- -- 178 REVENUES 179 30.1000 INTERGOVERNMENTAL REVENUE $156,000 0 $156,000 180 35.1019 _ OTHER GENERAL GOVT. REVENUE 0 0 _ 0 181 61.200 INTEREST INCOME 4,000 _ 0 _ _ 4,000 182 CASH CARRY OVER BEGINNING YEAR 174,347 45,561 219,908 183 _ $334,347 $379,908 184 TOTAL REVENUE 45,561 _– - - - - -- 186 -- - - - - -- 187 EXPENSES - - - -- - - -- -- - - - - -– — 188 - -� - - -- 189 3450 CONTRACTUAL SERVICES $55,000 0 $55,000 190 4070 TRAVEL & CONFERENCE 0 0_ — 0 191 4640 MAINT & REPAIR STRS /PARKWAYS 85,000 _ _ 0 85,000 192 6490 CONSTRUCTION PROJECTS 0 0 0 193 9990 STREET SWEEPING TRANSFER -GEN F 65,000 0 65,000 194 - - $205,000 195 TOTAL DRAIN FUND EXPENSES $205,000 0 196 ------- - - - -- 197 - - - - -- - --- — - - - -- - - - -- 198 CASH CARRY OVER END OF YEAR $129,347 45,561 $174,908 199 _ _ _ 200 201 _ THIS PAGE IS PRINTED ON RECYCLED PAPER — -- CITY OF SOUTH MIAMI 1999.2000 ADOPTED BUDGET A B C D E 222 - -- 223 _ -- 224 REVENUEIEXPENSE SUMMARY - 225 226 FUND LOCAL OPTION GAS TRST FUND -2 112 227 DEPARTMENT PUBLIC WORKS _ 17 228 DIVISION STREETS _ 30 229 FUNCTION - _ OTHER GENERAL GOVT SERVICES 541 230 - - -- -+- - 231 - 232 ADJUSTMENT DEPARTMENT'S 233 ACCT ACCOUNT CLASSIFICATION ADOPTED ECOMMENDE PROJECTIONS 234 NO 1999 -2000 1999 -2000 1999 -2000 235 236 REVENUES 237 330.100 INTERGOVERNMENTAL REVENUE $80,000 0 $80,000 238 335.492 LOCAL OPTION GAS TAX _ 0 0 0 239 _ 361.200 INTEREST INCOME _ 2,500 0 _ 2,500_ 240 _ _ CASH CARRY OVER BEGINNING YEAR _ _ 23,017 _ 47,273 241 ---.--24,256 $106,756 _ 23,017 $129,773 242 TOTAL REVENUE 243 - -- - -- _ 244 i - - 245 - - -- - - -- - - -- 246 EXPENSES _ - _- 247 - 248 _ 3450 CONTRACTUAL SERVICES 0 $5,000 249 4640 MAINT & REPAIR STRS /PARK_WAYS --$5,000 75,000 0 -_ 75,_000 250 - 6210 -- INFRASTRUCTURE PROJECTS --- _ 10,000 - 0 10,000 251 --- - -- - -- -- -- - $90,000 -- -- - $39,773 252 253 254 255 TOTAL GAS FUND EXPENSES - -- -- CASH CARRY OVER END OF YEAR $90,000 ------ - $16,756 0 - -- 23,017 256 _ 257 THIS PAGE IS PRINTED ON RECYCLED PAPER I - C" -49.1® CITY OF SOUTH MIAMI IffINTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: Date: 09 -01 -2000 Agenda Item # 1(V Re: Comm. Mtg. 09/05/00 Microfilming of Records A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED SIX THOUSAND DOLLARS ($ 6,000.00) FOR THE MICROFILMING OF PAPER RECORDS FOR THE PLANNING AND ZONING DEPARTMENT BY MICROFILM DEPOT ADVANCE IMAGING SOLUTIONS; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 01- 1620- 524 -3480 ENTITLED "MICROFILMING "; AND, PROVIDING AN EFFECTIVE DATE. BACKGROUND: This resolution authorizes the City to pay Microfilm Depot Advance Imaging Solutions, Inc., in the amount of six thousand dollars ($6,000.00) from account number 001 - 1620 -524 -3480, entitled "Microfilming" for service related to the annual microfilming of all building permit plans and applications. These records are maintained as part of the City's public records files. The current balance of the subject account is six thousand dollars ($6,000). RECOMMENDATION: Approval. Attachments: Proposed Resolution Price proposals Microfilming Resolution: September 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED SIX THOUSAND DOLLARS ($ 6,000.00) FOR THE MICROFILMING OF PAPER RECORDS FOR THE PLANNING AND ZONING DEPARTMENT BY MICROFILM DEPOT ADVANCE IMAGING SOLUTIONS; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 01- 1620- 524 -3480 ENTITLED "MICROFILMING'; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, for purchase in excess of $5,000,requires Commission approval by competitive process from at least three vendors; and, WHEREAS, the City has solicited and obtained three proposals for the microfilming paper records; and, WHEREAS, the lowest price was submitted by the firm of Microfilm Depot Advanced Imaging Solutions; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration is authorized to disburse a sum not to exceed $6,000.00 to the firm of Microfilm Depot, for microfilming of paper records. Section 2. The disbursement shall be charged to account Number 01- 1620- 524 -3480, entitled "Microfilming ". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY k: \citycommitems \2000 \09 -05 -00 Microfilming Resolution: September 2000 day of September, 2000. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice -Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 1 COST COMPARISON TABLE FOR MICROFILMING PAPER RECORDS AUGUST 2000 COMPANY NAME TOTAL BUDGETED COMMENTS IMAGES AMOUNT A) BROWARD MICROFILM 11,321 56,000.00 MEET ALL THE RULES AND STANDARDS OF MICROFILMING TECHNIQUE B) LASON SYSTEM'S INC 1.6,000 $6,000.00 MEET ALL THE RULES AND STANDARDS OF MICROFILMING TECHNIQUE C) MICROFILM DEPOT 16,500 $6,000.00 MEET ALL THE RULES AND STANDARDS OF MICROFILMING TECHNIQUE D) PROMISE COLOR 16,400 $6,000.00 MEET ALL THE RULES AND STANDARDS OF MICROFILMING TECHNIQUE SEE ATTACHMENTS FOR ADDITIONAL INFORMATION i• TABLE ITEM August 17, 2000 Ms. Lydia Fernandez City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Fernandez: Thank you for this opportunity to present the City of SoutA Miami with our proposal covering Microfilm services to record Permanent Records: The Microfilming and Related services will include the following: Pick -up, Preparation, Microfilming the documents ranging in size from A through E, and Disposal of the recorded documents • Load Microjackets with the microfiimed Permanent Records (average 3 images each Jacket), and index the Jacket with Permit Number, Folio Number, and Jacket Number relating to a set. • Provide a duplicate roll of microfilm The above services will be performed on a total of 11,329 documents for the Contract Amount of $6,000.00. Broward Microfilm, Inc. is a Nationally Certified Fuji Film Image Pius Lab. All Microfilming services, techniques, and output meet, or, exceed all ANSII microfilm standards, and also, the Florida Administrative Code, Rule 1 B- 26.003. Respectfully yours, Robert W. Donat Imaging Systems Specialist donat-1@msn.com Broward 6601 N.W. 14th street Microfilm, suite Number 4 %enatlon. Florida 33313 Inc. Wargsypt - (!S4) 7!1.5046 FAX (954) 791 -5093 .mw bro -.rdm aoMntcom (A) -F^BL-F= I-FIHM E3) LASON 6954 NIV 12 STREET MIAMI ,FLORIDA 33126 FA v r A. C F. IVAI. Vale: jo I Number ol'Pavc5- Phoac: (305) x77.9149 Pax: (30.0 4?7 752t) 7 W Di G J. The tn(ortnetlen Menafement Compnny ¢4 }4 N W 12 Swmt I Kam,. FL T! , )CS 477.914 ,• 17CS 477 7%N1. July 13, 2000 City of S. Miami Attn: Lidia Fernandes 6130 Sunset Drive S. Miami, Florida 33143 Ref: Microfilming Services Dcar Ms. Fernandez, Thank YOU for your time and the oppUr L111ity Of proVidiIlg you with OLII- proposal for the IlliCrOf111111Dg of your (IorumentS. CUP ()F T11F- CONVERSION DOCUT11Cnts are to be picked up frO111 your location and bmUrdlt tt) uur PrOdUctioll Plant for the purpose of microfilming. Filmed at the reduction ratio of 32X, the original will be inserted into a jacket, loading 3 to 1 jacket and titled Permit it, Folio t, aIld the number of jackets. One duplicate will be made holding up to 600 inla,,, Documents will be disposed of lifter the microfilm Is reviewed by the city. The method of drslruction fvr mpst CitieS is reCyClinb. PICK-131 Al the blue of pick up, our staff will log all boxes picked up. A copy of the Pick up Order will be left for your records describing the number of boxes with from and through contents elf each. PRICING Price: Pick up and Delivery, Filming, Quality Controls. S .25 Per Drawing $ 7.50 Per Hour DOCIltIICnt Preparatioll S 6.00 Per Diazo Duplicate S .50 Per Jacket Based on these prices ive can do 16,000 pages for S 6.000.00. DOC11MENT DI,SPOSIT]ON MicrorllIll doCClme:lltS are to be returned to the storage IOCation of your choice in Mianli or microfilmed documents are to be destroyed (Recycled) 45 days after delivery of the finished products. QQNF1DENTlAL1T.Y I,ASON Systems, Inc. understands that all documents are the property of "U-1c City of SOLIth MialI11. We will inaintain the highest degree of c:onfldelltlality re:gaI'ding these documents. CUMMCr agreeS Ilot to disclose or utilize the pricili& Materials, alld the procedures used to perfornl these services. 'These are proprietary and confidcntial information of Lason Systenls, 111c. :.:► All rii iterial is guaranteed to be as specified. All wort: to be completed in a prorec'sional III;rI111cI' according to ANSI, A11M, wid Florida administrative codes I B -26 -.003. Lason adhere to all state; standards. Customer agrees that the full statement of work is contained in this proposal. ('ustc)nler agrees to make payment within 30 days after the date, ofeach involec. ACCEPTED: Lason Systeill,, Inc. --------------------------- John civalc General Manager City of South Miailli --------------------------- (Authorized Signature) nvv io C1YJ 1D•11 7DC .�'rl AcNwne0 frmigtrp 501WfOC151: r.l �A B L E I T E M 09/17100 Ms. Lidie,Fernsutde:: � - City Of South Mianci ; 6130.Sur►set Drive I South Muria Florict:i 3 3 I43 Via Fax: 365 666 4.9 Dear Ms; F imandez, l stn in rec:e$pL ufyour request for pricing. We are able to microtiim 16,5w images for the co ntrac% xtiount 436,0U.00. Should yvu have ally. Tcstiurts please call me. Chty/ p to S. Fvrrer' , brow0d 954m7•44W 0 tax 141 r FROM : PROMISE PHONE NO. : 305 591 5957 Aug. 16 2000 03:40PM P1 TABLE ITEM <Q> August 18, 2000 Ms. Lidia Fernandez — Records Clerk City of South Miami RE: 35MM Microfilm Servicc Quote for Building & Planning Dear Lidia: Thus is the quotation that you requested. Work will be done in the same manner that we have done it for the past few years. 1- Pick Up 2- Roll Film Duplicates 3- Reduction .Rate of 32X 4- Documents sizes A through E 5- Ratio of 3 images to 1 jacket 6- Permit nurnbers, folio numbers, and numbers of jackets per each permit number (or set of records) The microfilming techniques used will adhere to the following rules and standards: 1- Florida Administrative Code. Rule IB- 26.003; 2- ANSL'NMAMS23 -1981; 3- ANSI P14-1.15 -1976; 4- AINSI Standards PH1.28 The number of records meeting these standards that can be microfilmed for a contract amount of S 6,000.40 will be 16,400 documents. Thank you in advance for continue to consider our company to service your microfilm needs. Sincerely, Miguel A. Schonenberg 7801 N.W. 37th Street, Suite 204, Miomi, FL 33166 - Tel. (305) 591 -2324 . Fex: (305) 591 -5957 - www.promisecolor.com FEW MEMSEUER nuRacECC 71k TUA HUNT Viv'itar mwOw - - - Caron AGFA 10)� RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED SIX THOUSAND DOLLARS ($ 6,000.00) FOR THE MICROFILMING OF PAPER RECORDS FOR THE PLANNING AND ZONING DEPARTMENT BY MICROFILM DEPOT ADVANCE IMAGING SOLUTIONS; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 01- 1620- 524 -3480 ENTITLED "MICROFILMING'; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, for purchase in excess of $S,000,requires Commission approval by competitive process from at least three vendors; and, WHEREAS, the City has solicited and obtained three proposals for the microfilming paper records; and, WHEREAS, the lowest price was submitted by the firm of Microfilm Depot Advanced Imaging Solutions; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration is authorized to disburse a sum not to exceed $6,000.00 to the firm of Microfilm Depot, for microfilming of paper records. Section 2. The disbursement shall be charged to account Number 01 -1620- 524 -3480, entitled "Microfilming ". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY k: \citycommitems \2000 \09 -05 -00 Microfilming Resolution: September 2000 day of September, 2000. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice -Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: AUG -31 -00 52:29 PM CITY-OF- HALLANDALE 554 457 1488 P.01 400 South Federal Highway Hallandale Beach, FE_ 33009 -6433 Broward: (954) 458 -3251 Dade: (305) 949 -9912 Fax: (954) 457 -1342 August 31, 2000 City of south Miami Att: Lydia 6130 Sunset Drive S. Miami, Florida 33143 RB: MICROFILM DEPOT Dear Lydia: This letter will server as reference for the above mentioned company which your city is interested in doing business with. We have used this company for our archive preservation for more than ten (10) years and are very satisfied with the service they provide us. The have been very professional and timely with delivery of our records. I hope this will help you in your search for a microfilm company to do your archive preservation. If you have any questions, please call me at 954- 457 -1383. sincerely, Pauline Howarth AOA III, Permits Kanager /mt illa- CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: August 30, 2000 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting September 5, 2000 New Tot Lot Piazza, Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to demolish, purchase equipment and install a new state -of- the -art Tot Lot at Murray Park. BACKGROUND & ANALYSIS The renaissance continues as the City of various Tot Lots in the City of Pleasant Livi Center this new Tot Lot will enhance Phase Benz of Tot Lots. South Miami Parks & Recreation develops ig. With the completion of the Multipurpose 1. This Tot Lot is considered the Mercedes The following represents some significant features of the proposed play structure: • Its' capacity for 75 children to play simultaneously. • The variety of components includes bridges, slides and climbers. • Custom facades including the South Miami palm surrounded by beautiful sunbursts. • ADA ramp where wheel chair bound participants can directly participate and play on the structure. • The sturdiest of galvanized steel construction. All fabrication (including welding) is done prior to galvanization insuring the rust coating with a warranty on the paint of 15 years against peeling and corrosion. All hardware is stainless steel. All metal post, components and composite platforms have a 15 -year warranty. The decking is 75% recyclable plastic and 25% cellulose (cotton husk). Along with the Tot Lot, a new fitness component will ensure usage for all ages. Piazza Inc., has worked with the City of South Miami Parks & Recreation Department although under a different corporation (Kompan Inc.). The Parks & Recreation Department would still be working with the same individuals who provided materials and services for the Tot Lots at Marshall Williamson and Dante Fascell Parks. Their professionalism, customer service and products provided to the City of South Miami Parks & Recreation Department have been exceptional. The Parks & Recreation Department will utilize Miami -Dade Bid # 282 -XX06, "Playground Equipment, Catalog Discount (Bid period 10/20/99- 10/19/2000) has been established for this vendor. A purchase order will be issued to Piazza, Inc. for the demolition, purchase and installation of a new state -of -the -art Tot Lot in the amount of $79,999.00. Funding will come from Account # 001- 0000 -132 -2050 "Advance Murray Park Safe Neighborhood Grant" The City, per the grant agreement, will expend the funds and be reimbursed by Safe Neighborhood Parks as part of the Phase ll Murray Park Project. The TSNP grant is a matching grant. As previously indicated and approved, the annual $150,000 from South Miami Hospital will be used as the City match. RECOMMENDATION Approval is recommended. Tot Lot Murray Park Pizza Inc 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Resolution No. t )t,p�ccC��rten-t t�pso .1f�i�t �/f A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $79,999.00 FROM ACCOUNT NUMBER 001- 0000 - 132 -2050, "ADVANCE MURRAY PARK SAFE NEIGHBORHOOD GRANT ", TO PIAZZA, INC., FOR THE DEMOLITION OF THE EXISTING TOT LOT, THE PURCHASE AND INSTALLATION OF A STATE OF THE ART TOT LOT AND FITNESS CENTER FOR MURRAY PARK. WHEREAS, The renaissance continues as the City of South Miami Parks & Recreation develops various Tot Lots in the City of Pleasant Living; and WHEREAS, The Multipurpose Center shall be completed and a state-of-the-art Tot Lot will be developed by Piazza, Inc., to enhance Phase 1; and WHEREAS, This structure will not only complement the Multipurpose Center but is the Mercedes Benz of Tot Lots; and WHEREAS, The following represents some significant features of the proposed play structure: • Its' capacity for 75 children to play simultaneously. • The variety of components includes bridges, slides and climbers. • Custom facades including the South Miami palm surrounded by beautiful sunbursts. • ADA ramp tiMere wheel chair hound participants can directly participate and play on the structure. • The sturdiest ofgalvanized steel construction and; WHEREAS, All fabrication (including welding), is done prior to galvanization insuring the rust coating with a warranty on the paint of 15 years against peeling and corrosion. All hardware is stainless steel. All metal post, components and composite platforms have a 15 year warranty; and WHEREAS, Decking is 75% recyclable plastic and 25% cellulose (cotton husk) and; WHEREAS, The fitness component insures usage for all ages; and WHEREAS, Piazza, Inc., has worked with the City of South Miami Parks & Recreation Department although under a different corporation (Kompan Inc.), we are working with the same individuals who provided materials and services for the Tot Lots at Marshall Williamson and Dante Fascell Parks; and WHEREAS, Their professionalism customer service and products provided to the City of South Miami Parks & Recreation Department have been exceptional; and loth W/ 0 opi4_ 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, The City of South Miami Parks & Recreation would utilize the Miami Dade Bid #4907- 2 /03- OTR -SW, established for this vendor. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is awarded to Piazza, Inc., for the amount of $79,999.00 for Murray Park and releasing funds from account # 001- 0000 - 132 -2050, Advance Murray Park Safe Neighborhood Grant. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Pta —Tol Lot Mum, Park 21NN1 M R• LEASE AGREEMENT This Lease Agreement is entered into as of , 2000, by and between The City of South Miami, a municipality of Miami -Dade County, Florida ( "Landlord ") and , an corporation ( "Tenant "). Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord, the real property described in attached Exhibit "A ", which Exhibit A is incorporated in this Lease Agreement by this reference, together with all existing and future improvements and all appurtenances and privileges, all of which is hereinafter referred to as the "Premises." Section 1. Lease Term. The lease term shall be twelve months and shall commence on , and terminate on Section 2. Rent. The annual rent for the lease term shall be $24,000, payable in equal monthly installments of $2,000, each, in advance of the first day of each calendar month throughout the lease term. Tenant shall pay the first and last month's rent to Landlord at the time of the parties' execution of this Lease. If the lease term commences on a day other than the first day of a calendar month, the first month's rent shall be adjusted accordingly. Section 3. Use of the Premises. Tenant's use of the Premises shall be in a lawful, careful, safe, and proper manner, and Tenant shall carefully preserve, protect, control and guard the same from damage. Section 4. Taxes and Assessments. Tenant shall pay all real estate taxes and assessments becoming due and payable with respect to the Premises during the lease term and any extension and all taxes or other charges imposed during the lease term or any extension with respect to any business conducted on the Premises by Tenant or any personal property used by Tenant in connection with the Premises. Taxes, assessments or other charges which Tenant is obligated to pay or cause to be paid hereunder and which relate to any fraction of a tax year at the commencement or termination of this Lease shall be prorated. Section 5. Utilities. Tenant shall promptly pay or cause to be paid all charges incurred for all utility services furnished to the Premises, including without limitation, telephone service, sanitary sewer, water, natural gas, and electricity. Tenant shall also pay for all maintenance of all utilities during the lease term and any extension thereof. Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is passed or enacted by any governmental agency or department having jurisdiction over the Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or use of the Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and expense, promptly comply with such law, ordinance, order, rule, or regulation. Page 1 of 8 Section 7. Maintenance and Repair. Subject to the provisions of Section 12, below, relating to destruction of or damage to the Premises, and Section 13, below, relating to condemnation of the Premises, Tenant shall, at its sole cost and expense, keep and maintain the Premises. Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations hereunder shall be of a quality equivalent to those initially installed within the Premises. All repair and maintenance work shall be done in accordance with the then existing federal, state, and local laws, regulations and ordinances pertaining thereto. Except as otherwise provided in Sections 12 and 13, below, Landlord shall have no obligation whatsoever with respect to the maintenance and repair of the Premises. Section 8. Environmental. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, other than such Hazardous Materials as may be necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Florida, or the United States. Section 9. Indemnity and Insurance. Tenant shall indemnify and defend Landlord against, and save Landlord harmless from any liability, loss, cost, injury, damage, or other expense that may occur or be claimed by or with respect to any person or property on or about the Premises resulting from the use, misuse, occupancy, possession, or unoccupancy of the Premises by Tenant, its agents, employees, licensees, invitees or guests. Except where any loss, cost, injury or damage is the result of Landlord's sole fault or gross negligence, Landlord shall not have any liability for any loss, cost, injury or damage to the Premises, to Tenant or Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. Except as set forth in this Section 9, Landlord shall not be responsible or liable for loss or damage to the contents of any improvements on the Premises. At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and effect, at all times during the lease term and any extension thereof, the following insurance with respect to the Premises: (a) comprehensive public liability insurance having limits of not less than $ for bodily injury or death to one person $ for bodily injuries or death arising out of one occurrence; (b) $ for property damage; and (c) $ for automobile liability insurance. Page 2 of 8 Each insurance policy furnished under this Section 8 shall be issued by a responsible insurance company acceptable to Landlord which company shall be authorized to do business in Florida, and such insurance coverage may be written under a blanket policy or policies obtained by Tenant, which policy or policies may include other real estate owned or leased by Tenant. Landlord shall all be named as insured parties in each such insurance policy, and each policy shall provide for written notice to Landlord at least ten days prior to any cancellation, modification, or lapse thereof. Tenant shall furnish Landlord with memorandum copies of such insurance policies prior to the commencement of the lease term. Section 10. Alterations and Improvements. Tenant shall have the right to make, at no expense to Landlord, improvements, alternations, or additions (hereinafter collectively referred to as "Alteration ") to the Premises, whether structural or nonstructural, interior or exterior, provided that: (a) no Alteration shall be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld; (b) no Alteration shall reduce or otherwise impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first obtained and paid for all required permits and authorizations of all governmental authorities having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good workmanlike manner and in compliance with all laws, ordinances, regulations, codes, and permits; (e) Tenant shall hold Landlord harmless from and against any liens and claims for work, labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any such liens or claims shall be filed for work, labor or materials supplied to the Premises at the direction of Tenant, Tenant shall, at Landlord's option, either escrow an amount equal to the amount of the lien or claim being filed, or obtain a bond for the protection of Landlord in an amount not less than the amount of the lien or claim being filed; and (f) any Alteration shall become and remain the property of Landlord unless Landlord otherwise agrees in writing. Section 11. Si ns. Tenant shall have the right to install and operate, at its sole cost and expense, any sign or signs on the Premises which shall not be in violation of any law, statute or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must repair any damage to the Premises caused by such removal. Section 12. Damage to Premises. If by fire or other casualty the Premises are destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises (meaning such destruction cannot be repaired or restored within 120 days of the occurrence of the fire or other casualty Landlord may elect to: (a) cause the restoration of the Premises to substantially the same condition as existed before such damage or destruction; or (b) cancel this Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30 days thereafter. Should Landlord elect to proceed under (a), above, rent shall abate unless Tenant continues to partially occupy the Premises in which case Tenant shall pay all rent on a prorated basis, until the Premises are restored, equal to an amount obtained by multiplying the then existing monthly rent by a percentage equal to the fraction which has as its numerator the amount of square feet in the improvements of the Premises which is incapable of being used for its intended Page 3 of 8 purpose and as its denominator the total amount of square feet in the improvements on the premises. If such damage does not deprive Tenant of occupancy or use of the Premises, Landlord shall proceed with due diligence to cause the restoration of the Premises to substantially the same condition as existed before such damage. In such latter event, rent shall not abate. Tenant shall fully cooperate with Landlord in making available to Landlord for the purpose of so restoring the Premises all insurance proceeds payable under Section 8 as a result of fire or other casualty damage to the Premises. Section 13. Condemnation. If all or materially all of the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat of the same, then this Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's obligations under this Lease, except obligations for rent and other charges herein to be paid by Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the Premises" shall be considered as having been taken if the portion of the Premises taken, due either to the area so taken or the location of the portion taken, would leave the remaining portion not so taken insufficient to enable Tenant to effectively and economically conduct its business at the Premises. If less than materially all the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such taking, but Landlord shall promptly repair and restore the Premises to substantially the same condition as existed immediately before such taking. Until such repair and restoration are completed, rent shall be abated in the proportion of the number of square feet of improvements on the Premises of which Tenant is deprived bears to the total square feet of such improvements immediately prior to such taking. Thereafter, if the number of square feet of improvements is less than the total of the same prior to such taking, rent shall be reduced in the proportion to which the number of square feet of improvements existing after such repair and restoration is less than the total of the same prior to such taking. All damages awarded for any such taking shall belong to and be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise, provided, however, that Tenant shall be entitled to any portion of the award made to Tenant for removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if any. Section 14. Default. If Tenant fails to pay any installment of rent or make any other payment required to be made by Tenant when the same shall become due and payable hereunder, or if Tenant fails to observe and perform any other provision, covenant, or condition of this Lease required under this Lease to be observed and performed by Tenant within 15 days after Landlord shall have given notice to Tenant of the failure of Tenant to observe and perform the same, or if Tenant abandons or vacates the Premises during the continuance of this Lease, or if Tenant makes an assignment for the benefit of creditors or enters into a composition agreement with its creditors, or if the interest of Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is assigned in violation of the terms hereof or is terminated by operation of Page 4 of 8 .r law, them, in any such event, immediately or at any time thereafter, at the option of Landlord, Landlord shall, as it elects, either: (a) declare this Lease to be in default, in which event this Lease shall immediately cease and terminate, and Landlord may possess and enjoy the Premises as though this Lease had never been made, without prejudice, however, to any and all rights of action when landlord may have against Tenant for rent and other charges payable by Tenant hereunder (both past due and future rent due Landlord and past due and future charges payable by Tenant), damages, or breach of covenant, in respect to which Tenant shall remain and continue liable notwithstanding such termination; or (b) relet the Premises, or any part thereof, for such term or terms and on such conditions, as Landlord deems appropriate for and on behalf of Tenant, for the highest rental reasonably attainable in the judgment of Landlord, which reletting shall not be considered as a surrender or acceptance back of the Premises or a termination of this Lease, and recover from Tenant any deficiency between the amount of rent and all other charges payable to Tenant under this Lease and those amounts obtained from such reletting, plus any expenses incurred by Landlord in connection with such reletting, including, without limitation, the expenses of any repairs or alterations Landlord deems necessary or appropriate to make in connection with such reletting and all sums expended for brokerage commissions and reasonable attorneys' fees, but Landlord shall be under no duty to relet the Premises; or (c) declare the whole amount of the rent and other charges which would otherwise have been paid by Tenant over the balance of the lease term to be immediately due and payable, without prejudice, however, to any and all other rights of action which Landlord may have against Tenant for past due rent and other charges payable by Tenant hereunder, damages or breach of covenant, in respect to which Tenant shall remain and continue liable notwithstanding Landlord's election to proceed under this clause (c). In the event that a bankruptcy or insolvency proceeding is filed by or against Tenant, or if a court of competent jurisdiction or other governmental authority approves a petition seeking a reorganization, arrangement, composition of other similar relief with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant or of all, or substantially all, of Tenant's property or affairs, or assumes custody or control of all, or substantially all, of the property or affairs of Tenant, Landlord shall have the right to elect any of the remedies set forth above. If this Lease is assumed or assigned to a trustee, receiver, liquidator, or other court- appointed person or entity without Landlord's prior written consent, the parties and their respective successors (whether by operation of law or otherwise agree that, upon such an assignment or assumption, all defaults of Tenant prior to such assignment or assumption must be cured or that adequate assurances that such defaults will be promptly cured must be given and that adequate assurances of future performances under this Lease must be provided. Such adequate assurances shall mean that a bond shall be issued in favor of Landlord in the amount equal to one year's future rent and that amount equal to all existing monetary obligations of Tenant which are in default shall be escrowed with an escrow agent acceptable to Landlord. Additionally, all past due monetary obligations of Tenant which are in default shall be paid to Landlord within 60 days after the assignment or assumption and rent will be currently and continually paid on a timely basis commencing with the first day of the month following the 601h day of the assignment and assumption. Page 5 of 8 Section 15. Non - Waiver and Right to Cure Defaults. Neither a failure by Landlord to exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or to seek such remedy with respect to that default or to any prior or subsequent default. The remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or preclude any other rights or remedies to which Landlord is entitled, either at law or in equity. If Tenant fails to pay by their respective due dates all rents, charges or other obligations to be paid by it pursuant to the terms hereof, or fails to make necessary repairs to the Premises, or fails to perform any other duties which it is required to perform hereunder, then Landlord, at its option, may do so and the amount of any expenditure attributable to such action by Landlord, plus accrued interest at the rate of eighteen percent (18 %) per annum from the time each such expenditure is made until reimbursed, shall immediately become due and payable to Landlord and shall be considered additional rent hereunder; but no such payment or compliance by Landlord shall constitute a waiver of any such failure by Tenant or affect any right or remedy of Landlord with respect thereto. Section 16. Termination. Either party may terminate this Agreement without cause by giving written notice no less than ninety (90) days prior to the Effective Date of Termination. Section 17. Entry by Landlord. Landlord shall have the right to enter upon the Premises at all reasonable times for the purpose of inspecting the same, and during the last year of the lease term, or any renewal or extension thereof, Landlord may exhibit the same for sale or rent; provided, however, that Landlord shall not unreasonably interfere with Tenant's use of the Premises. Section 18. Time of the Essence. Time is of the essence in the performance and observance of each and every term, covenant and condition of this Lease by both Landlord and Tenant. Section 19. Notices and Payment of Rent. Any payment of rent, notice, exercise of option or election, communication, request or other document or demand required or desired to be given to Landlord or Tenant shall be in writing and shall be deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited in the United States mail, first- class, postage prepaid, addressed to Tenant at its address set forth below. Either party may, from time to time, change the address at which such written notices, exercised of options or elections, communications, requests, or other documents or demands are to be mailed, by giving the other party written notice of such changed address. Page 6 of 8 r IF TO CITY OF SOUTH MIAMI: IF TO TENANT: The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Section 20. Governing Law. This Lease shall be subject to and governed by the laws of the State of Florida even though one or more of the parties may be or may become a resident of a different state. Section 21. Assignment. Tenant may not assign or encumber this Lease without the prior written consent of the City of South Miami. Section 22. Amendments. No amendment to this Lease shall be valid or binding unless such amendment is in writing and executed by the parties hereto. Section 23. Captions. The captions of the several sections of the Lease are not a part of the context hereof and shall be ignored in construing this Lease. They are intended only as aids in locating and reading the various provisions hereof. Section 24. Severability of Provisions. The invalidity or unenforceability of any particular provision of this Lease shall not affect the other provisions hereof and this Lease shall be construed in all respect as if such invalid or unenforceable provision were omitted. Section 25. Approval of Landlord. Nothing in this Agreement, shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. Where approval or consent of Landlord is required under this Agreement, such consent or approval shall be deemed to refer to the City's consent of approval as a property owner, and such consent of approval shall be contractual in nature and shall not be in lieu of any required governmental approval of the City. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement as of the date first set forth above. Signed and acknowledged LANDLORD: in the present of Page 7 of 8 iMME. --I STATE OF FLORIDA ) )SS: COUNTY OF MIAMI -DADE ) SWORN TO (or affirmed) and subscribed before me by )who is personally known to me, or ( ) who produced as identification, this day of 2000. My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI -DADE SWORN TO Notary Public Print Name: )SS: (or affirmed) and subscribed before me by _( )who is personally known to me, or ( ) who produced as identification, this day of 2000. My Commission Expires: Notary Public Print Name: Page 8 of 8 I Resolution No. 2 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE 7 FUNDS FOR 579,999.00 FROM ACCOUNT NUMBER, " ", TO PIAZZA, 8 INC., FOR THE DEMOLITION FO THE EXISTING TOT LOT, THE PURCHASE 9 AND INSTALLATION OF A STATE OF THE ART TOT LOT AND FITNESS 10 CENTER FOR MURRAY PARK. 11 12 13 WHEREAS, The renaissance continues as the City of South Miami Parks & 14 Recreation develops various Tot Lots in the City of Pleasant Living; and 15 16 WHEREAS, The Multipurpose Center shall be completed and a state -of -the -art Tot 17 Lot will be developed by Piazza, Inc., to enhance Phase I; and 18 19 WHEREAS, This structure will not only complement the Multipurpose Center but is 20 the Mercedes Benz of Tot Lots; and 21 22 WHEREAS, The following represents some significant features of the proposed play structure: 23 24 0 Its' capacity for 75 children to play simultaneously. 25 • The variety of components includes bridges, slides and climbers. 26 • Custom facades including the South Miami palm surrounded by beautiful 27 sunbursts. 28 • ADA ramp where wheel chair bound participants can directly participate and 29 play on the structure. 30 • The sturdiest ofgalvanized steel construction 31 and; 32 33 WHEREAS, All fabrication (including welding), is done prior to galvanization 34 insuring the rust coating with a warranty on the paint of 15 years against peeling and 35 corrosion. All hardware is stainless steel. All metal post, components and composite 36 platforms have a 15 year warranty; and 37 38 WHEREAS, Decking is 75% recyclable plastic and 25% cellulose (cotton husk) and; 39 40 WHEREAS, The fitness component insures usage for all ages; and 41 42 WHEREAS, Piazza, Inc., has worked with the City of South Miami Parks & 43 Recreation Department although under a different corporation (Kompan Inc.), we are 44 working with the same individuals who provided materials and services for the Tot Lots at 45 Marshall Williamson and Dante Fascell Parks; and 46 47 WHEREAS, Their professionalism customer service and products provided to the 48 City of South Miami Parks & Recreation Department have been exceptional; and 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, The City of South Miami Parks & Recreation would utilize the Miami Dade Bid #4907- 2 /03- OTR -SW, established for this vendor. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is awarded to Piazza, Inc., for the amount of $79,999.00 for Murray Park and releasing funds from account # Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Pie=Sot W Moray Puk 2000 APPROVED: Tm, �� O J ZJ W LLI W >- Lu V M C) m CD z J J W N m J J m J n- W J m � EE �JC � J � arc: O J O U Rte. IRt co T- N M Y a a w p N z . a z z w O O f - m z a O z a � W z z u Z W W w W W = J ma t- = cn c7 0 �a .w cn = c~n w a O 65 O J O U et N w O LO M Y a a w O „ -+ z .. a z z ' W o o F - � z � 0 z Q ' W F z z 6 W - PROPOSALFOR PLAYGROUND EQUIPMENT J.E. MURRAY PARK SOUTH MIAMI, FLORIDA SUBMITTED BY PIAZZA, INC. August 28, 2000 CONCEPTUAL PLAN PLAYGROUND ENVIRONMENT J.E. HURRAY PARK I E. Murray Park is a mainstay in the neighborhood providing a secure recreational environment for the children of the City of South Miami. The recent renovation of the recreation center building will attract more clients to this facility. The playground is designed to create an environment that generates excitement for the children while accenting the new facility and the neighborhood. The playground, designed for ages two to twelve, is the first in the City of South Miami that has a ramp access for wheelchair users. Comprised of bridges, climbers and slides, the comprehensive structure has a capacity for approximately 75 children. Custom facades on the roofs are detailed with alternating palm trees and sunbursts, the symbols of the City of South Miami. Physical fitness events for older children and adults will be installed in an area adjacent to the ball field. The proposed manufacturer is Playground Environments International, represented by Piazza, Inc. This company is recognized for its creative designs, exceptional durability and low maintenance, and is specified by the cities of Atlanta, New York, Boston, Philadelphia and others. Piazza, Inc. will coordinate the turnkey installation. Piazza Inc., PROPOSAL P.O.-Box 1217, Geneva, FL 32732 -1217 800 -268 -3268 / 407 - 349 -0800 / FAX 407 - 349 -5117 IMPORTANT.- Sign and return original Retain copy for your records Page 1 of 1 pages CLIENT: City of South Miami Recreation & Parks Dept. DATE: Aug. 8, 2000 6130 Sunset Drive South Miami, Florida 33143 aoB: J. E. Murray Park PHONE: 305- 663 -6319 w. hweby subs and estimates rrr. QTY ITEM / DESCRIPTION UNIT PRICE EXTENDED i" 1 PE38 -2184 Custom Maxidex structure S 47,715.00 : S. -' ! 47,715.00 z 1 PE35 -0624 Fitness Court 3,815.00 3,915.00 a 1 Lot, 180 c.. Woodcarpet surfacing 2,160.00 2,160.00 4 1 Lot Retaining Wall 1,348.00 1,348.00 '6` - - - 7 - -. 9 lI _ _.. _ 14 - 13 FREIGHT and HANDLING 7,402.00 INSTALLATIO 20,311.00 TAX Discount per Dade . County Bid 2,752.00 TOTAL 79,999.00 .By signing this agreement, purchaser acknowledges responsibility to provide resilient surfacing for play equipment in compliance with USCPSC guidelines and ASTM standards for public playgrounds (provided upon request). .All permits, if necessary, to be furnished by client It is the client's responsibility to inform us of building codes specific to playground equipment Client is responsible for locating all underground obstructions, Le., electrical, telephone, sewer, etc. and identifying and marking them before installation. PAYMENT TO BE MADE AS FOLLOWS: (check payable to PIAZZA INC.) Purchase Order with return of signed contract Balance due in full within 30 days of substantial receipt of materials and/or services. Purchaser responsible for all applicable taxes. Please provide copy of tax exempt certificate if applicable. All material guaranteed to be as specified All wak to be completed in a wadm= like manner accordi to standard practices. Alteration or deviation from above specificadooa involving extra costs Acceptance of Proposal — The above prices, specifications and will be executed only upon written orders, and will become an extra charge over and above the conditions are satisfactory and are hereby accepted. You are estimate. All agreements contingent upon striker, accidents ac delays beyond out confta O"cr to canyfim tornado and other necessary insurance, our workers are fatly covered by workman's atnholized to do the work as specified Payment writ be made as Compensation Inaursuoc. outlined above. Date o(Ac�cepaece: P INC. Authorized side �\X\A%v 4&lckj Note: We may widtdnrw "� f not accepted by: 11/30/00 PLAYGROUND DESIGN THEORY J. E. HURRAY PARK The well designed play structure is an invitation to combine playful engagement and inventive problem solving. The purpose is to offer children opportunities and motivation for physical, cognitive, creative and social challenges. It is the function of a play environment to provide for children their own place to learn, practice and pursue a wide range of activities that can match the inventiveness of their ideas. It is also the place where children are allowed to take the necessary risks that motivate the development of appropriate physical skills. Equally important, this is the place for children to have time with their own thoughts, whether it looks like they have chosen to watch the sky, feel the sand, investigate a bug or quietly observe the friends around them. Children seek environments that offer a combination of independence and inspiration since their energies are best galvanized by their own ideas and needs. When their own ideas require group participation, children want to develop a team focus, organize ideas into activities and carry out plans cooperatively. As parents, teachers and community citizens, we readily acknowledge the role a supportive environment has in the independent development of these skills. Cooperative, organizational, inventive and social proficiencies will be our children's lifelong assets. Each part of the play structure has been thoughtfully designed in terms of contribution to this overview of goals. Each component has been valued for the safety, attraction, durability and flexibility it contributes to any given situation. The site was evaluated, and the design created, to reflect the atmosphere of the neighborhood and to show-the residents they are important to the City of South Miami. It is important for the play site to become part of the natural landscape incorporating existing elements into the design, not competing with them. This approach allows the site to retain an individual character and uniqueness, creating a special place for children and families. © rn N m ® -- - - - - -' E o m o CO M N m OD ia 80 > o 0 rn to �, z � 41 W 2 co ti � ' ' i Q O - CO o tit c ' � o ' � a ' Y W m '[L m ! C) > .- ' oz Q ' W -0 vi o ' U) m LLI ' � CA J • ; Z F Z Z C� _ W O ys p2_ W D o Z Q cy W Z (p M 2 0 LLI ----------- - - - - -- < �l w � a W Z w a to dg p G m�44 rn cv W ppE ° R CO N U c �N 1 1 OD Q ~ co f " ° z Cr > O O I i 1 y z O N N ry f- i 1 CN O 1 r 1 I to O O Q I t I m v ' ID '1I, C uj I 1 Q Q 1 C !1. 1 ' Z Y 0 0 Q 1 c Q � J a `' a. W W Z < W � ' I W Z om 0 (Da LL S 1 LLII I 1 I I -7 I 1 1 1 - Z Z x �Y O n w0 O 1 Slu � C L ,.z Q C� z 1 W W b O C `>` LU I 1 '0'1212 z xR �. W Z W m m m — U V oo z ee In 0.4 W a tc I Lot; y n >1 6 0 L :3 ..F-: 0 LLI U W MtNIMUM SAFETY use ZONE REDUIRED (sROYlrtq ($' SAFETY USE ZONE RECOUmENDED) - APPROXJWTE SAFETY SURFACE -rez s0. Fr. 'APPROXIMATE SAFETY PERNETER -128 UPC Fr. P L A Y G R O U N D E N V I R O N M E N T S " INTERNATIONAL DESIGNED BY: ca DRAWN BY: ca 1 ' 1 1 t 1 1 1 I 1 � G1�1�1pR ar 1 , / 1 1 ' 1 1 1 1 ' 1 ' I 1 1 � 1 p 1 1 N 1 1 1 1 1 t 1 ♦ s4 � ♦`------- - - - - - -- PLAN VIEW 65 Davids Drive Hauppauge, NY 11788 J.E.MURRAY PARK SCALE: 1 a,, ='t l V Phone (800) 662 -0922, Fax (631) 231 -1329 E -Mail Address vitricon @aol.com REVISION HATE: 7110!00 UNIT NO: 35 -0624 - 5R -0in- -------- --- --�. 1 ' 1 I ' 1 1 1 At 1 sl 1 1 ' ' t 1 1 1 1 , am IIAf1 / ' 1 1 1 , 1 / ' 1 1 1 1 1 1 � ' 1 1 1 1 1 , ' ' ' ' ' 1 1 1 1 Ai 1 1 1 1 1 1 ' ' ' 1 1 1 1 1 1 1 , AS 1 � ' ' 1 1 1 i nameel 1 1 1 C � 1 1 I � C I IlraPrl 1 1 1 , \ 1 1 1 ' 1 1 N 1 1 1 1 1 1 1 1 1 1 ♦ ,I 1 1 I 1 N � , 1 1 1 ' 1 1 t 1 1 1 I 1 � G1�1�1pR ar 1 , / 1 1 ' 1 1 1 1 ' 1 ' I 1 1 � 1 p 1 1 N 1 1 1 1 1 t 1 ♦ s4 � ♦`------- - - - - - -- PLAN VIEW 65 Davids Drive Hauppauge, NY 11788 J.E.MURRAY PARK SCALE: 1 a,, ='t l V Phone (800) 662 -0922, Fax (631) 231 -1329 E -Mail Address vitricon @aol.com REVISION HATE: 7110!00 UNIT NO: 35 -0624 T O U w Ln - - - - \i I \ 1 � ,f 1 J/ • / �1 1 i I i I /J f r J f J 1 I• J ! f i/ \ I •t I / 1 PLAYGROUND ENVIRONMENTS PLAYGROUND COMPONENT DISCUSSION PLATFORMS The platform makes an especially important contribution to cooperative, organizational and social skills because that is where children most often plan their activities and games. The platform is like the kitchen in a large household. It is the meeting place, the planning room, the preparation and feeding center. It must be big enough to hold the crowd, but cozy enough to make everyone feel relaxed. At the same time it must offer entrance, exit and stopping places for games and challenges. Children plan who is going to play tag, or have the next slide turn. They may plan an elaborate story that takes place over twenty light years in a rocket ... orjust how to find the quickest way to get from the edge of one platform to the edge of another. The platform must accommodate but not isolate children with special needs. It can't be slippery, that feels insecure. It has to afford privacy, that helps children feel independent. It might have architectural features to suggest themes. It might have flooring patterns to suggest organizational ideas such as circles or octagons. It might have benches to promote thoughtful conversations. It might have a companion platform beside it to augment the numbers ofchildren who are using it at once. Independent planning, thoughtful conversa- tions and organizational patterns are three examples of children's developmental skills that platform designs support. PLAYGROUND ENVIRONMENTS PLAYGROUND COMPONENT DISCUSSION — CONTINUED OVERHEADS With overheads, children have an opportunity to learn about the physics of force through their own bodies. Overheads turn bodies into force senders and receptors. The energy that children exert on the overhead gives them real -time feedback about the forces that they can and cannot control. When children use overheads they have opportunities to learn about timing for reaching, grabbing, holding on and letting go. Here are experiences in taking turns, trying to finish, to make it to the end. Aside from the philosophical or strategic timing of such decisions, the overhead provides real physical challenges. The upper body muscles rarely have this kind of workout in other daily activities. In addition to strength, practice and perseverance, the overheads also call for belief. The child's will, muscles and skill must be iii perfect balance to answer the challenge of curved forms, swinging rings, gliding handles and vertical ladders designed to create pendulums from people. CUMBERS Climbers are the opportunities that play structures offer to combine whole body strength training and social-interaction. Children use their own weight to pull themselves up and their own ideas to test their growing strength. Ladders or stairs seem to have similar attributes, but the climber is designed for a much wider range of movement,.and playful possibilities. For children to crawl up and down, their arms must grab and pull, legs must push and hold, backs must stretch and curl, at the same time that their stomachs must be tight and controlling. The design of climbers offers children ways to be wonderfully inventive about their use of muscles. Climbers are also designed to offer social possibilities within the context of moving up or .t down between the ground and a platform. A group of children can play side by side, or cross paths at the same time with enough room to make last minute changes in the direc- tion, speed or style they want to use. PLAYGROUND ENVIRONMENTS PLAYGROUND COMPONENT DISCUSSION - CONTINUED RooFs The roof design speaks of a vision. It is the microphone, the broadcast messenger of the playground calling players to meet. The roof elements are the first thing children see as they approach the play structure and the miniature replicas of architectural features suggest this is their own special place. It is not like any other building or space that children experience. The roofs also suggest the play structure offers protection, and that children are expected to make their own decisions about how to find it. Children under- stand that separate roofs function as markers for important areas. They anticipate the challenge of finding their way from one roof space to another through whatever amazing path they can invent. Another function of the roof design is to support an important developmental concept. Children need to experience that there are many ways to get to the same place. The idea that children can choose one path one time, and another path to the same place another time is central to their problem solving skills. The idea that they have the independent power to adapt, change, repeat and demonstrate their journey is one of the most powerful lures for any play structure. The roof design supports this kind of play especially well since it is such a highly visible feature in an environment that can contain many similar elements. Children will seek a clearly defined area The design of the roof might reflect local architectural features such as Victorian houses, or fantasy features such as waves and step arches, or classical pyramid features. Gingerbread roofs protect as well as arches or waves in motion, but they send outa very different message. The roof must also function to differentiate between competing needs —the sun umbrella and a sheltered island — and competing challenges — the defining detail and the wayward climbers. However, when the play structure is planned, the roofs must be thought of as the announcement of its personality. More than the dryness, shade, or security it provides, the roof announces a sense of place. PLAYGROUND ENVIRONMENTS PLAYGROUND COMPONENT DISCUSSION - CONTINUED SUDEs For slides, the design problems resolve how much thrill a child can have and for how long a time by combining the forces of friction and gravity. On a slide, you can adjust your speed, enjoy the view and feel your weight working against the forces of air pressure and with the forces of gravity. This is an opportunity not just to feel gravity but to play with it in terms of time and distance, with slope as the constant for each slide structure, and weight and friction as two variables for individual children. Slide designs have elaborated on the sensual and perceptual thrills they provide by inventing many new kinds of options. Some offer more risks than others, some have less friction, some have greater height. They can be narrow or wide, spiral or sloped, tubes or twins. Opportunities now exist for several children to slide together. Yet for the most part, slides are still single person activities, so children have to learn to wait in line, take turns and be patient with the child at the top who maybe hasn't found the courage to fly, or the attention of someone special to watch. These are still classic lessons for social development. BRmEs The purpose of having bridges as part of a playground structure becomes clearer when we look at the two main ways children use them; as important linking passageways and as physical challenges. Bridges are very special because of a magical quality that allows children to endow them with fantasy features in order to cross over everything from moats to boiling mud. In classic children's stories and games like "Three Billy Goats Gruff ' or "London Bridge ", this often is a metaphor for critical, dangerous paths to success that require courage and agility. The well designed bridges on the play structure suggest fantasy activities that are also the bait to physical challenges for coordination and strength. The designs for bridges and ramps on the play structure should provide for the widest possible range of experiences with height, width, movement, materials and physical possibilities. The purpose of the design is to convey the idea that there are many types of opportunities, however tame or challenging, to get from one stationary spot to another. Whether in a wheelchair, or on crutches, in diapers or denims, crossing over means taking on anew opportunity. PLAYGROUND ENVIRONMENTS PLAYGROUND COMPONENT DISCUSSION - CONTINUED WALLS Walls have many functions in the play structure. The purpose of each element in the structure and the type of wall that surrounds it must be a carefully designed match. Walls that do not limit, but expand the child's imagination are well designed. Walls are first thought of as protective. Walls also define spaces and provide physical boundaries that can increase play value by limiting random access and movement. The high bridge that offers children a wonderful overview of their park must have security with walls that are closely woven so no fall is possible. The walkway that is at ground level might have wavy rails on a low wall that allows more informal access or egress. The purpose of the wall that can be seen through is to allow both children and caretakers to watch each other. The walls on the ramps that afford access for special needs children can have the same imaginative features built to meet different needs. Walls are so prominent on a structure that they contribute not just to the look but to the total tone for the play. Colors and patterns are part of that statement. Well designed walls invite imaginative ideas and social interactions. Walls that offer opportunities to stop and sit, to play music, to shop at the storefront, or steer an imaginary vehicle are examples of such invitations. This is the element that defines the parameters of the vision of the play structure. ~ STEPS, STAIRS AND LADDERS Children love quick changes in their vertical and horizontal positions on the play struc- tures. They also love making and repeating circles of movement that create patterns. The steps, stairs and ladders are key components for activities that accommodate both the changes in position and repetition of circular patterns. Therefore, imaginative designs that anticipate these activities will offer the best play value. The two most important variables that affect steps, stairs and ladders are the degree of slope and the width of the steps. Children understand pragmatic — as well as metaphoric — examples of a variety of ways to enter and exit the same situations. Children also under stand that vertical or inclined ladders offer surprises. The Zee pole means an exit with no steps at a ninety degree vertical angle. This suggests children must be flexible enough to use different mental and physical approaches,'good skills for any successful trip. PLAYGROUND ENVIRONMENTS INTERNATIONAL GENERAL SPECIFICATIONS Safety Standards: All equipment specified herein conforms with: U.S. Consumer Product Safety Commission, Handbook for Public Playground Safety, latest edition. American Society for Testing and Materials Designation: F 1487, Standard Consumer Safety Performance Specification for Playground Equipment forPublic Use, latest edition. Product Warranty: All playground equipment is warranted for the terms and period of years as follows: 2 years -All workmanship and materials. 15 years - Limited. warranty on.stect posts and.stcel_ components against structural failure due to corrosion excluding moving parts. 15 years - Limited warranty on powder coated surfaces against corrosion or peeling. 15 years - Limited warranty on Dimensional Material against structural failure due to decay or termites. 2 years - Limited warranty on all plastic components, molded rubber products, wooden. roofs. and. all.. moving parts and connections. This warranty covers the replacement of any defective items or components. This warranty does not cover the cost of removing or reinstalling replacement items nor damage due to vandalism, improper installation or maintenance nor abnormal use. This is Playground MAXIDEXTM PLAY SYSTEMS Installation Methods Sill Plate Installation: Support Posts are bolted to steel Sill Plates that lay on top of leveled subgrade, stone drainage course, existing! proposed pavements or rubber playground surface materials, Components requiring concrete footings are set 36" below finished grade. Footed Installation: Support Posts and components are set in concrete 36" below finished grade. Custom Installation Afethods. available upon request. Materials Criteria Support Posts: Support Posts shall be fabricated from 5" x 5 ", 11 gauge structural steel tubing with a minimum wall thickness of .1250 ". Steel shall conform toASTM Designation A 500, Grade B. Post Caps shall be 11 gauge steel and shall be welded to Support Posts. Posts shall have factory- installed '/_" ID Rivnut Threaded Inserts for component, platform and sill plate attachment Posts shall be cut to the length required for proper installation Sill Plates: Sill Plates and Support Flanges shall be fabricated from 3/16" x 5" steel flat stock. Sills and Support Flanges shall be rounded to a '/:" radius on exposed corners. Steel Posts shall be bolted to Support Flanges using tamper resistant '' /x" x 1" button head cap bolts and 1/2" washers. Environrnents'sole warranty and supersedes all other warranties or guarantees expressed or written. Specification.- Changes:. Playground - Environments . remains a leader in the research and development of innovative, high quality playground equipment. Our ongoing_ pnoducL developmenL.process results in occasional specification changes. Playground Environments reserves the right to make changes to these specifications at any time. Packaging & Shipping: Playground Environments' concern for the environment is demonstrated by our product packaging. Products are strapped to reusable wood pallets then covered with recyclable shrink - wrap. Playground Environments' shipments are made via side loaded flatbed trucks. Purchaser shall be responsible for unloading unless other arrangements have been made. Pallets can be unloaded by forklift or dismantled and hand unloaded Welding_ Wel * ¢hall bein_ complete accordance.. with the standards of the American Welding Society. All welds shall be ground smooth. No field welding shall be permitted. Galvanizing: All welded steel components shall be fully. assembled prior to galvanizing: After Steek Angles, C charnels, flat stock, plates, punched sheets and tees shall be hot rolled- steel; conformingto . ASiM Designation A. 36-. Round_ pipe_ shall_ be schedule 40 steel pipe conforming_ to ASTM Designation A -IZO or SS40 steel pipe conforming to ASTM Designation-A -569. 1.5" square tubing shall have a vWtthicimessof 0.1875" and-shall -conform-to ASTM Designation 500. All sharp edges and corners shall be ground smooth. Dimensional Afateriak Dimensional Material shall be used forpiatform planks; stair- trea&and other - play components_ as. hcrein. specified— Dimensional Material shall be a composite plastic, cellulose - polymer composite material, gray in color. Dimensional.Male dal shall be3 x-0 nominal. unless otherwise specified herein. The intersection of the planes of faces, edges and ends of all materials shall be eased to a minimum '/. "-radius. Dimensional Material• shall• possess the- following minimum propertics:. Modules of Rapture -1,423 psi Modules of Elasticity - 148,000 psi Ultimate Shear Strength - r10 -psi Hardness- 1,124 lbs. Screw Withdrawal - 312 IbsJirr- CoefficienLofFrictiion' . Dry/Wet (ASTM C 1028) - 0.6810.66 Dry/Wet (ASTM D 2394) - 0.33610.645. *Values obtained meet ADA requirements for slip resistance fabrication, all steel shall be shot blasted to a white metal finish. The cleaned surface shall have an angular surface profile of 2.0 w4.0-mih, After shot blasting, all steelshall be galvauizedby the Zinc Rich Powder Process. The Zinc Rich Powder coating is to be applied to a thickness of 2 mils & cured at 392° F for 2 minutes minimum The- coating shall be finely adhered in and free of spots, lumps or blisters. Powder Coating: The Powder Coating shall be applied to the Zinc Rich prepared. surface in such a manner that the coating will not peel oft The coating shall be TGIC - Polyester Powder applied to the Zinc coated steel via the Powder Coating Process. The Powder Coating.shall be applied at.a film. thickness of 4 to 6 mils. The Powder Coating shall conform to the following ASTMDesignations: Adhesion D 3359 -B Pencil Hanlness (H -2H) D 3363 Flexibility D 522 (Mod) Impact Resistance D 2794 (Mod) Abrasion Resistance D 4060 (Mod) Salt Spray Resistance B 117 Humidity Resistance D2247 Termite. Resistance - 9.6 rating Fungus Resistance - no decay rating Flash Ignition Temperature -.644° F Flame Spread - 13 5 Plastic Components: Plastic components shall be fabricated from polyethylene with ultraviolet light inhibitors. • Plastic components shall have a minimum wall thickness of 1/4" and shall possess the following properties: Tensile Strength - 2,900 psi Flexure Modules -120, 000 psi Density (ASTM D 505)-4.938 Brittleness Temperature (ASTM D 746) - less than - 180° F. Hardwiare: All bolts, lag screws, hexagonal nuts, washers, pins, rivets, screws and 'T' nuts shall be stainless steel. Components, platforms, roofs and walls shall be bolted to factory installed threaded inserts in Support Posts using tamper resistant 'h" x I" button head cap bolts and '' /s" washers. Components shall be attached to barrier walls using tamper resistant' /:" x I" button head cap bolts and 1/2" washers. Dimensional Material shall be fastened to Bridge Frames, Platfonn Supports and Support Straps using 3/8" x 2" stainless steel, dome head, threaded lag screws. All hexagon nuts shall be self - locking type- Rivnut Threaded Insetrs: Rivnut Threaded Inserts shall-be plated to-resist corrosion. Threaded inserts shall have a maximum protrusion of 0.015" above the. post surface. Inserts shall possess the following minimum properties: Pull Out - 2,033 lbs. Push Out - 667 lbs. Rings: Rings shall be triangular, 6 "- polished cast.. aluminum, with a cast eyelet for attachment Rings shall be attached to tabs on Support Beam(s) or Rails with chain. Chain shall be 3/8" galvanized proof coil chain Shackles shall be used to attach rings to chains: 3/8" bolts with bearing sleeves shall be used to attach chains to Support Beams or Rails. Nylon Webbing. -Nylon Webbing shall be 2" wide with an average tensile strength of 1,200- lbsJsquare inch Nylon webbing shall be woven to form a grid. Voids in grid shall be 2" x 2" square. Component Design Criteria Accessories Balance Blocks and Side Step Blacks: Side Step Blocks & Balance Blocks shall be fabricated from Dimensional Material and shall. be.. attached.. to. platform planks with 318" x 4" lag bolts. Finger Ladder (18" & 36" length): Finger Ladders arc fabricated from W' x 4" polyethylene. Polyethylene shall have two staggered columns of holes drilled 2" on center throughout its entire length. Finger Ladder shall be bolted to Support Post Talk Tubes: Talk Tubes shall be fabricated from 1.315" OD steel pipe with a rectangular steel ear and mouthpiece. Steel pipe shall have two steel tabs for bolting to Support Posts. Talk Tubes shall be connected to each other with 1'h" diameter, black Polyvinyl tubing when tubes are distant (ship to shoe). Stainless steel pipe clamps shall be used to fasten tubing to Talk Tube ends. Top to bottom oriented talk tubes (bridge to boiler room), shall be vertically oriented and fabricated from one piece of 1.315 OD steel pipe with a rectangular steel ear /mouth piece each end. Steering Wheel and Fall Access Steering Wheel• Steering Wheels shall be cast aluminum, bowl shaped, six spoke design with a 12" outside diameter. Steering Wheels shall have a. free turning brass bushing. A 5/8" diameter bolt and nut shall be used to bolt the steering wheel to the barrier wall mounting plate. The Full Access Steering Wheel shall have an 8" long extension collar fabricated from 2.875" OD steel pipe. Ship Bow & Walls: Ship Bow shall be a one-piece fabrication from Y." steel plate, shaped to form a ship's bow, lined with 1.315 OD steel pipe. Two ship walls shall be fabricated from 1.315 OD steep pipe members top and bottom & 1" OD steel pipe vertical supports. '/." x2' /2" steel flanges shall be welded to the bottom wall support. The welded pipe truss frame wall shall support the deck, fabricated from Dimensional Material. Top and Bottom Rails shall have Y." x 1'/2" x 3" steel tabs for bolting wall to Support PoSt Infant Walker. Designed for children under the age of tKw. Support Rail shall be fabricated from 1" OD steel pipe. A' /." x 1 `i" x 3" steel tab shall be welded to each end for bolting to Support Posts. Support Posts shall be fabricated from 4" x 4" steel pipe tubes with welded end caps. Infant Pfayhause:Derigne�joLChildrex under the.. age of tiro. Support Rail shall be fabricated from 1" OD- Ac&pipe= A:-Y;? x:1 -'fr" x:31' steel - tab- shall:be. welded to each end for bolting to Support Posts. Support_ Posts shall- be..fabricated- from -4'.'- x-4r steel . pipe tubes with welded end caps. Roof shall be a one - piece welderFassembly using -H8-" diameter r x-1^ welded wire mesh framed with 1" OD steel pipe. Chasm Bridge: Chasm Bridge shall be designed as to not - create- pinch -o&- ush- points....Chasm- .Bridge.. Handrails shall be bolted to ChasnvTrapeze Wall. Chasm- Bridge- shail-• consist- oftwo Balance- Beam,.. Planks suspended with chains from two Handrails. Balance Rc�,.____ ? Planks-shallbefahrirAtM frnm 3" x6" Dimensional Material, Two Handrails shall be fabricate& front- 1:315" OD- steel. -pipe- Five- Chain.. Brackets shall connect Balance Beam Plank to chair- Chairs Brackets shall- be- fabrkatedfrom -'h" x 2" steel flat stock bent to the size required and shall have holes for - fastening to Balance Beam -Plank and, chains. Chain Brackets shall be fastened to Balance Beam Plank with 3/8" x 2" stainless steel, tamper resistant, and. dome head, threaded -lag- screws. Ten Support Chains shall be fastened to Chain Brackets using 318" dome head carriage - Wts -•and T -Nuts. Chains shall be fastened to connection loops welded to Handrails with "S" hooks. Support Chains shall be 5116" galvanized proof coil chain: Thread lock shall be used on-all-bolt-threads prior-to assembly-. CUUerbridge: Clatterbridgc shall be designed as to not create pinch or crush points,-. Bridge Planks shall be fabricated from Dimensional Material drilled and notched for direct connection to three Support Chains. Chains shall be 3/8" high -test- carry alloy chain Bridge Planks- fasten directly-�to- support-- chains: Designs -. that - have - support . clrainc-.that-.run- . through. . holes in the Bridge Planks or those that use PVC spacers of any kind are not acceptable. Planks shall be fastened to chairs with 318w dome head tares bolts and T -Nutsz Last-}ink of the-=d-ofearh-chain-shall esacad_to. End-Plates .arxLshalLbe-secured .with..a- shackle, bushing & 3/8" hardened bolt End Plates shall be- fabricated -from 4"- C channel -steel. End.. Plates shall be through- bolted to Angles welded to Support Posts with four Ys" diameter bolts. Thread lock shall be used on all bolt- threads prior to fusal assembly. 17erBrsdge. aa&Short. B7 a~BkidgL Flex. Bridge. shall be designed as to not create pinch points. Bridge Planks shall be fabricated from Dimensional Material. Bridge Planks shall be fastened to three Support- Straps -that- extend- to- End- Plate­ & - attach with shackle & 3/8" hardened bolt Support Straps shall be fabricated limn Y." x 2" steel flat stock. End Plates- shall be- fabricated from 4" C charnel steel. End Plates -shaltbe-through- bohedty Ariglewelded to SupportPosiswi 1/2" diametmboltsrandthrrad. lock. . applied before final assembly. Moon BridgA, Soft Moon Bridge and Hal .Moon Bridge: Bridge Planks shall be fabricated from Dimensional Material. Bridge Frame shall be fabricated from'Y."x 2'A" steetflacstock, welded to 1.315 OD -steel -pipe truss• frame- wall:-- Truss•&azne wall shall be bolted to Support Posts. Sofit Moon Bridge Infill shall be Y." x 4" flat stock steel with graphics welded to Moon Bridge Wall. change1_.. Bridge... Planks.. shall. be. fabricated from Dimensional Material. Bridge Frame shall be fabricated from -V4" x 2h" steel flat stock, welded to 1.315 OD steel pipe truss frame wall. Steel pipe truss wall shall bebolted.to Support Posts. Straight-Bridgc- Bridge, Planks-shall--be- fabricated from Dimensional Material. Bridge Frame shall be fabricated from-W! x21/2" steeLflal stock,. welded to 1315 OD steel pipe truss frame wall. Steel pipe truss wall shall be bolted to Support.Posts. Web Bridge_ and- Short. Web. Bridge: Web. Bridge Net shall be fabricated nylon webbing. Pipe Frame shall slip through loops in Web-Net Pipe Frame Top and Bottom Rails shall be fabricated from 1.66" OD steel pipe.... Other .horizontal.and_Vcrtical.Rails shall be fabricated from 1.315" OD steel pipe. Pipe Frame shall have,four l' /P x'h" x 3" steel tabs for bolting to Support Posts. '. Climbers Chain Cargo Net, Chain and Pipe Climber & Chain and Timber Climber (40 ", 48", 56"t 64" & 72" heights): Cargo -Net- and climbers shall. be suspended from a Pipe Frame. Top and Bottom Rails shall be •fabricated•from-1.315" OD steel pipe. Side supports.shall be fabciratcxlfrom 1.66" OD steel pipe. Pipe Frame shall have internally welded nuts for bolting to tabs on Climber Wall. Support Chains shall be welded to the Pipe Frame using half links. Chain Cargo Net shall be fabricated from 1.315" OD steel pipe horizontal rungs welded to four Support Chains, Support. Chains shall be fabricated iron 5116" galvanized_proo£ coil. chain Chain and Pipe Climber shall be fabricated &ors: 1.315" OD steel pipe horizontal rungs and fastened to two Support Chains. Support Chains shall be 5116—galvanized proof coil chain.- Chain=d Timber Climber shall be fabricated from.. 3" x- 4" Dimensional. Material horizontal rungs, with 1" radius edges and shall be fastened to two Support Chains. Support Chains shall be 3/8" galvanized proof coil chain. Bottom of Chain and Timber Climber• chains, shall be connected to bottom rail with "S" hooks. Dimensional Material rungs shall•be-drifledand-attached to chains. Chains shall be bolted to. dimension "1 material with 3/8" dome head truss bolts and T Nuts. Inclined Climber (40' 48 ", 56 ", 64" & 72" he ort heights): Side Sup;;;; shall be fabricated from 1.66" OD steel pipe. Rungsshall be fabricated from 1.315" OD steel pipe. Side Supports shall have internally welded nuts for bolting to tabs on Climber Wall. Trapeze Climber -(32 ", 40 ", 48 ", 56 ", 64" & 72" heights): Side Rails and Rungs shall be fabricated from 1.315" OD steel pipe. Rung sides and bottom shall be bent to a smooth radius with sides and bottom perpendicular to each-other. Rungs shall be parallel to the ground Sidc.Ra4shall have internally welded nuts for bolting to tabs on Chasm/Trapeze Wall. Climbing. Wall (30" & 60" heights): Climbing wall shall consist of /." a2' /x' x 2'h" Steel Angle and 1" min. x 5' /x" Dimensional Material bolted into a 27Y+" x 50" panel assembled-at factory. Climbing Wall Panels can be stacked -2 high (60'). Each Panel shall have 9 hand/foot grips,_ 2'/." x 4'h" cutouts. Angle frame shall be bolted to Support Post Sloped Bridge (8 ", 16" & 24" elevation change) and. Shari Slopat Br*P_ (W" &.87 elevation.. Handrails CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. Scurr City Manager REQUEST DATE: ' Se-o.tember 5, 2000 SUBJECT: Agenda Item ' Ordinance First Reading — Short Term Rental of Northern Portion of the Old Inspection Station at 5890 SW 69`x' Street AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A SIIORT TERM LEASE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSOLUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTHERN PORTION OF 5890 SW 69`x' STREET; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The aforementioned property, commonly referred to as the Old Inspection Station due to its former use, has sat mostly unoccupied for years. Aside from its occasional use for vehicle staging (such as during the Shops at Sunset construction and move -in phases), over the past decade or so the property has existed with little purpose and virtually no economic benefit to the City. In an effort to derive some financial benefit from this centrally located property, the City sought proposals from interested parties for a short term rental of the northern portion of the property. The City placed an ad in the Miami Herald and posted at the site. The lease would be short term (no longer than 12 months) and include a 90 day cancellation clause should the City have a need for the property. The lease will include the northern 2/3 of the property. The portion fronting on 71 s` Street will continue in it's current form and use. The most economically viable and practical proposal from a use standpoint has been submitted by Absolute of South Miami, Inc. The firm will use the lot for a vehicle towing operation. In addition to the annual revenue of $24,000.00 that this lease will generate ($2,000 per month), the City will receive complementary towing services. The lease proposed is for a one -year period, renewable on a year -to -year basis. Renewals would be automatic unless denied by the City with a ninety days' notice. Should the City desire that the property be vacated, a ninety -day notice will be given to Absolute of South Miami, Inc. in order to effect this action. RECOMMENDATION Approval is recommended. LEASE AGREEMENT This Lease Agreement is entered into as of , 2000, by and between The City of South Miami, a municipality of Miami -Dade County, Florida ( "Landlord ") and Absolute Transfer, a Florida corporation ( "Tenant "). Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord, the real property described in attached Exhibit "A ", which Exhibit A is incorporated in this Lease Agreement by this reference, together with all existing and future improvements and all appurtenances and privileges, all of which is hereinafter referred to as the "Premises." Section 1. Lease Term. The lease term shall be twelve months and shall commence on . and terminate on Section 2. Rent. The annual rent for the lease term shall be $24,000, payable in equal monthly installments of $2,000, each, in advance of the first day of each calendar month throughout the lease term. Tenant shall pay the first and last month's rent to Landlord at the time of the parties' execution of this Lease. If the lease term commences on a day other than the first day of a calendar month, the first month's rent shall be adjusted accordingly. Section 3. Use of the Premises. Tenant's use of the Premises shall be in a lawful, careful, safe, and proper manner, and Tenant shall carefully preserve, protect, control and guard the same from damage. Section 4. Taxes and Assessments. Tenant shall pay all real estate taxes and assessments becoming due and payable with respect to the Premises during the lease term and any extension and all taxes or other charges imposed during the lease term or any extension with respect to any business conducted on the Premises by Tenant or any personal property used by Tenant in connection with the Premises. Taxes, assessments or other charges which Tenant is obligated to pay or cause to be paid hereunder and which relate to any fraction of a tax year at the commencement or termination of this Lease shall be prorated. Section 5. Utilities. Tenant shall promptly pay or cause to be paid all charges incurred for all utility services furnished to the Premises, including without limitation, telephone service, sanitary sewer, water, natural gas, and electricity. Tenant shall also pay for all maintenance of all utilities during the lease term and any extension thereof. Page 1 of 8 in the improvements of the Premises which is incapable of being used for its intended purpose and as its denominator the total amount of square feet in the improvements on the premises. If such damage does not deprive Tenant of occupancy or use of the Premises, Landlord shall proceed with due diligence to cause the restoration of the Premises to substantially the same condition as existed before such damage. In such latter event, rent shall not abate. Tenant shall fully cooperate with Landlord in making available to Landlord for the purpose of so restoring the Premises all insurance proceeds payable under Section 8 as a result of fire or other casualty damage to the Premises. Section 12. Condemnation. If all or materially all of the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat of the same, then this Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's obligations under this Lease, except obligations for rent and other charges herein to be paid by Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the Premises" shall be considered as having been taken if the portion of the Premises taken, due either to the area so taken or the location of the portion taken, would leave the remaining portion not so taken insufficient to enable Tenant to effectively and economically conduct its business at the Premises. If less than materially all the Premises are taken in appropriation proceedings or by right of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such taking, but Landlord shall promptly repair and restore the Premises to substantially the same condition as existed immediately before such taking. Until such repair and restoration are completed, rent shall be abated in the proportion of the number of square feet of improvements on the Premises of which Tenant is deprived bears to the total square feet of such improvements immediately prior to such taking. Thereafter, if the number of square feet of improvements is less than the total of the same prior to such taking, rent shall be reduced in the proportion to which the number of square feet of improvements existing after such repair and restoration is less than the total of the same prior to such taking. All damages awarded for any such taking shall belong to and be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise, provided, however, that Tenant shall be entitled to any portion of the award made to Tenant for removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if any. Section 13. Default. If Tenant fails to pay any installment of rent or make any other payment required to be made by Tenant when the same shall become due and payable hereunder, or if Tenant fails to observe and perform any other provision, covenant, or condition of this Lease required under this Lease to be observed and performed by Tenant within 15 days after Landlord shall have given notice to Tenant of the failure of Tenant to observe and perform the same, or if Tenant abandons or vacates Page 4 of 8 the Premises during the continuance of this Lease, or if Tenant makes an assignment for the benefit of creditors or enters into a composition agreement with its creditors, or if the interest of Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is assigned in violation of the terms hereof or is terminated by operation of law, them, in any such event, immediately or at any time thereafter, at the option of Landlord, Landlord shall, as it elects, either: (a) declare this Lease to be in default, in which event this Lease shall immediately cease and terminate, and Landlord may possess and enjoy the Premises as though this Lease had never been made, without prejudice, however, to any and all rights of action when landlord may have against Tenant for rent and other charges payable by Tenant hereunder (both past due and future rent due Landlord and past due and future charges payable by Tenant), damages, or breach of covenant, in respect to which Tenant shall remain and continue liable notwithstanding such termination; or (b) relet the Premises, or any part thereof, for such term or terms and on such conditions, as Landlord deems appropriate for and on behalf of Tenant, for the highest rental reasonably attainable in the judgment of Landlord, which reletting shall not be considered as a surrender or acceptance back of the Premises or a termination of this Lease, and recover from Tenant any deficiency between the amount of rent and all other charges payable to Tenant under this Lease and those amounts obtained from such reletting, plus any expenses incurred by Landlord in connection with such reletting, including, without limitation, the expenses of any repairs or alterations Landlord deems necessary or appropriate to make in connection with such reletting and all sums expended for brokerage commissions and reasonable attorneys' fees, but Landlord shall be under no duty to relet the Premises; or (c) declare the whole amount of the rent and other charges which would otherwise have been paid by Tenant over the balance of the lease term to be immediately due and payable, without prejudice, however, to any and all other rights of action which Landlord may have against Tenant for past due rent and other charges payable by Tenant hereunder, damages or breach of covenant, in respect to which Tenant shall remain and continue liable notwithstanding Landlord's election to proceed under this clause (c). In the event that a bankruptcy or insolvency proceeding is filed by or against Tenant, or if a court of competent jurisdiction or other governmental authority approves a petition seeking a reorganization, arrangement, composition of other similar relief with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant or of all, or substantially all, of Tenant's property or affairs, or assumes custody or control of all, or substantially all, of the property or affairs of Tenant, Landlord shall have the right to elect any of the remedies set forth above. If this Lease is assumed or assigned to a trustee, receiver, liquidator, or other court - appointed person or entity without Landlord's prior written consent, the parties and their respective successors (whether by operation of law or otherwise agree that, upon such an assignment or assumption, all defaults of Tenant prior to such assignment or assumption must be cured or that adequate assurances that such defaults will be promptly cured must be given and that adequate assurances of future Page 5 of 8 performances under this Lease must be provided. Such adequate assurances shall mean that a bond shall be issued in favor of Landlord in the amount equal to one year's future rent and that amount equal to all existing monetary obligations of Tenant which are in default shall be escrowed with an escrow agent acceptable to Landlord. Additionally, all past due monetary obligations of Tenant which are in default shall be paid to Landlord within 60 days after the assignment or assumption and rent will be currently and continually paid on a timely basis commencing with the first day of the month following the 60`' day of the assignment and assumption. Section 14. Non - Waiver and Right to Cure Defaults. Neither a failure by Landlord to exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or to seek such remedy with respect to that default or to any prior or subsequent default. The remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or preclude any other rights or remedies to which Landlord is entitled, either at law or in equity. If Tenant fails to pay by their respective due dates all rents, charges or other obligations to be paid by it pursuant to the terms hereof, or fails to make necessary repairs to the Premises, or fails to perform any other duties which it is required to perform hereunder, then Landlord, at its option, may do so and the amount of any expenditure attributable to such action by Landlord, plus accrued interest at the rate of eighteen percent (18 %) per annum from the time each such expenditure is made until reimbursed, shall immediately become due and payable to Landlord and shall be considered additional rent hereunder; but no such payment or compliance by Landlord shall constitute a waiver of any such failure by Tenant or affect any right or remedy of Landlord with respect thereto. Section 15. Termination. Either party may terminate this Agreement without cause by giving written notice no less than ninety (90) days prior to the Effective Date of Termination. Section 16. Entry by Landlord. Landlord shall have the right to enter upon the Premises at all reasonable times for the purpose of inspecting the same, and during the last year of the lease term, or any renewal or extension thereof, Landlord may exhibit the same for sale or rent; provided, however, that Landlord shall not unreasonably interfere with Tenant's use of the Premises. Section 17. Time of the Essence. Time is of the essence in the performance and observance of each and every term, covenant and condition of this Lease by both Landlord and Tenant. Page 6 of 8 Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is passed or enacted by any governmental agency or department having jurisdiction over the Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or use of the Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and expense, promptly comply with such law, ordinance, order, rule, or regulation. Section 7. Maintenance and Repair. Subject to the provisions of Section 11, below, relating to destruction of or damage to the Premises, and Section 1.2, below, relating to condemnation of the Premises, Tenant shall, at its sole cost and expense, keep and maintain the Premises. Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations hereunder shall be of a quality equivalent to those initially installed within the Premises. All repair and maintenance work shall be done in accordance with the then existing federal, state, and local laws, regulations and ordinances pertaining thereto. Except as otherwise provided in Sections 11 and 12, below, Landlord shall have no obligation whatsoever with respect to the maintenance and repair of the Premises. Section S. Indemnity and Insurance. Tenant shall indemnify and defend Landlord against, and save Landlord harmless from any liability, loss, cost, injury, damage, or other expense that may occur or be claimed by or with respect to any person or property on or about the Premises resulting from the use, misuse, occupancy, possession, or unoccupancy of the Premises by Tenant, its agents, employees, licensees, invitees or guests. Except where any loss, cost, injury or damage is the result of Landlord's sole fault or gross negligence, Landlord shall not have any liability for any loss, cost, injury or damage to the Premises, to Tenant or Tenant's employees, agents, licensees, invitees or guests or to any property of such persons. Except as set forth in this Section 8, Landlord shall not be responsible or liable for loss or damage to the contents of any improvements on the Premises. At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and effect, at all times during the lease term and any extension thereof, the following insurance with respect to the Premises: (a) comprehensive public liability insurance having Iimits of not less than $1,000,000 for bodily injury or death to one person $1,000,000 for bodily injuries or death arising out of one occurrence; and (b) $1,000,000 for property damage. Page 2 of 8 Each insurance policy furnished under this Section 8 shall be issued by a responsible insurance company acceptable to Landlord which company shall be authorized to do business in Florida, and such insurance coverage may be written under a blanket policy or policies obtained by Tenant, which policy or policies may include other real estate owned or leased by Tenant. Landlord shall all be named as insured parties in each such insurance policy, and each policy shall provide for written notice to Landlord at least ten days prior to any cancellation, modification, or lapse thereof. Tenant shall furnish Landlord with memorandum copies of such insurance policies prior to the commencement of the lease term. Section 9. Alterations and Improvements. Tenant shall have the right to make, at no expense to Landlord, improvements, alternations, or additions (hereinafter collectively referred to as "Alteration ") to the Premises, whether structural or nonstructural, interior or exterior, provided that: (a) no Alteration shall be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld; (b) no Alteration shall reduce or otherwise impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first obtained and paid for all required permits and authorizations of all governmental authorities having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good workmanlike manner and in compliance with all laws, ordinances, regulations, codes, and permits; (e) Tenant shall hold Landlord harmless from and against any liens and claims for work, labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any such liens or claims shall be filed for work, labor or materials supplied to the Premises at the direction of Tenant, Tenant shall, at Landlord's option, either escrow an amount equal to the amount of the lien or claim being filed, or obtain a bond for the protection of Landlord in an amount not less than the amount of the lien or claim being filed; and (f) any Alteration shall become and remain the property of Landlord unless Landlord otherwise agrees in writing. Section 10. Signs. Tenant shall have the right to install and operate, at its sole cost and expense, any sign or signs on the Premises which shall not be in violation of any law, statute or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must repair any damage to the Premises caused by such removal. Section 11. Damage to Premises. If by fire or other casualty the Premises are destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises (meaning such destruction cannot be repaired or restored within 120 days of the occurrence of the fire or other casualty Landlord may elect to: (a) cause the restoration of the Premises to substantially the same condition as existed before such damage or destruction; or (b) cancel this Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30 days thereafter. Should Landlord elect to proceed under (a), above, rent shall abate unless Tenant continues to partially occupy the Premises in which case Tenant shall pay all rent on a prorated basis, until the Premises are restored, equal to an amount obtained by multiplying the then existing monthly rent by a percentage equal to the fraction which has as its numerator the amount of square feet Page 3 of 8 Section 18. Notices and Payment of Rent. Any payment of rent, notice, exercise of option or election, communication, request or other document or demand required or desired to be given to Landlord or Tenant shall be in writing and shall be deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited in the United States mail, first- class, postage prepaid, addressed to Tenant at its address set forth below. Either party may, from time to time, change the address at which such written notices, exercised of options or elections, communications, requests, or other documents or demands are to be mailed, by giving the other party written notice of such changed address. IF TO CITY OF SOUTH MIAMI: IF TO TENANT: The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Section 19. Governing Law. This Lease shall be subject to and governed by the laws of the State of Florida even though one or more of the parties may be or may become a resident of a different state. Section 20. Assignment. Tenant may not assign or encumber this Lease without the prior written consent of the City of South Miami. Section 21. Amendments. No amendment to this Lease shall be valid or binding unless such amendment is in writing and executed by the parties hereto. Section 22. Captions. The captions of the several sections of the Lease are not a part of the context hereof and shall be ignored in construing this Lease. They are intended only as aids in locating and reading the various provisions hereof. Section 23. Severability of Provisions. The invalidity or unenforceability of any particular provision of this Lease shall not affect the other provisions hereof and this Lease shall be construed in all respect as if such invalid or unenforceable provision were omitted. Section 24. Approval of Landlord. Nothing in this Agreement, shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. Where approval or consent of Landlord is required under this Agreement, such consent or approval shall be deemed to refer to the City's consent of approval as a property owner, and such consent of approval shall be contractual in nature and shall not be in lieu of any required governmental approval of the City. Page 7 of 8 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement as of the date first set forth above. Signed and acknowledged LANDLORD: in the present of: TENANT: STATE OF FLORIDA ) )SS: COUNTY OF MIAMI -DADE ) SWORN TO (or affirmed) and subscribed before me by ( )who is personally known to me, or ( ) who produced as identification, this day of , 2000. My Commission Expires: STATE OF FLORIDA )SS: COUNTY OF MIAMI -DADE Notary Public Print Name: SWORN TO (or affirmed) and subscribed before me by ( )who is personally known to me, or ( ) who produced as identification, this day of 2000. My Commission Expires: Notary Public Print Name: Page 8 of 8 1 2 3 4 5 6 ORDINANCE NO. 7 8 9 10 11 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS 13 APPROVING A SHORT TERM LEASE AGREEMENT BETWEEN THE 14 CITY OF SOUTH MIAMI AND ABSOLUTE TRANSFER FOR VEHICLE 15 STORAGE ON THE NORTHERN PORTION OF 5890 SW 69'x' STREET; 16 PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR 17 ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE 1.8 DATE. 1.9 20 21 22 WHEREAS, the City of South Miami issued an advertisement and posted a notice for the 23 short term rental of the northern portion of 5890 SW 69 °i Street; and 24 25 26 WHEREAS, the proposal submitted by Absolute Transfer was the most viable and 27 beneficial to the City; and 28 29 30 WHEREAS, the terms and conditions of the Lease Agreement have been finalized; 31 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. The Lease Agreement between the City and Absolute Transfer is 37 approved; 38 39 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 40 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 41 affect the validity of the remaining portions of this ordinance. 42 43 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 44 ordinance are repealed. Additions shown by underlining* and deletions shown by ^vet —striking,,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 4. This ordinance shall take effect immediately upon the approval. PASSED AND ADOPTED this _ day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 1999. APPROVED: MAYOR 1 S` Reading; — 2" d Reading; — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by everstr+l: ,Marla L Garcia * * W Commtsalon CC9119fl8 r►J� fret October 02, 2001 •�0 Marla l Garda * my Commission CC91199s �r� �cplrea October 02.2001 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Hoiidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DAOE: Bofors the undersigned authority personally appeared Sockle Williams, who on 001h says that she is the Vice President of Legal Advertising of the Mreml Daily Business Review Ukh Miami Review. a dally (e WW 8911trday, Sunday and Legal Holidays) newspaper, published at Milani in Miami- Dade County. Florlds; that the affect" copy, of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9/5/00 ORD. RELATING TO RIGHTS —OF- WAY, ETC. in the ........... .XXXXXXX .................. Cocci, was published In said newspaper in the issues of Aug 25, 2000 Afilant turow says that iha said Miami Daily Business Review Is a newspaper published at Mleml in Said Miami. Dads County, Florida, and that the sold newspaper has heralctorr. Iran continuously Published M aatd Miami-Dads County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second CUM mail matter at the Post office In Miami in sold Miami -Dads County, . for a period of one year next Preceding the first I on of the SUPO d Copy of advartysmant; and aft says that she has nelther paid not promised any . firm a corporation any discount, rebeM, com. M rotund t the purpose of sequrling this advertbe- pubticatl the said news Sw n to and lbed bef a me this U.Slrf 2000 day or . � A l ........ ............ ............ F*T sue. . t.. /.. (SEAL) ,,,, MZR i.MESA Bookie ;4 F Q C 895640 T XPI S =' 7g: •: S: March d, 2604 Bonded TMu rw+Ny Pubbe uDd.rwyw. r- �YJ CITY OF SOUTH &IAN NOTICE OF PUN= HEARIUM NOTICE IS HEREBY glven that the City Commission of the City of South Miaml, Florida will conduct Public Hearings during its regu�: Cort m Yrtission eeling Tuesday. September 5, 2000,begin r*q the ioliowing described ordinenoti(s): ' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS-OF -WAY; ABANDONING A PORTION OF THE RIGHTS-OF -WAY AT' SW. 64TH PLACE; PROVIDING FOR.' ORDINANCES IN- CONFLICT; AND PROVIDING AN EFFEC- TIVE-DATE (1 at Reading - August 15, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF. THE. CITY OF SOUTH MIAMI, FLORIDA. RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREE- MENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSO- LUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTH- ERN PORTION OF 5880 SW BETH STREET; PROVIDING FOR_ . TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY: AND AN EFFECTIVE DATE. (let Raadkq - August 15, 2000) AWORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS: APPR0V1W A LEASE AGREEMENT WITH SPG PHASE ONE. LTD. FOR CONSTRUCTION AND OPERA- 1 T10N OF A MULTI -USE PARKiN(G GARAGE; PROVIOMO FOR TERMS AND OONDITiONS; PROWOtNG FOR SEVERABiLI- . TY. ORDINANCES IN CONFLICT. AND PROVIDING AN EF- FECTIVE DATE. (1st Reading - February 15, 2000) (deferred ' from July 18th and August 1SM) . n 134 Inspected laths Cy Clst Pf!C e4hftr d 141 -. day durMtg rspular oflloa hours. ._ . Inqutrles CM%Whtlrq 1ltetio Aenis ahbiO be 1paQlYd M lhtt Cit1! Ysnap' era oflloe at 3llllfm .833 _ i ' ALL Intareated parties are invited to attend and Will be heard., ,.. "tuiettaTaylo, : (N Clerk City of Scutti' Mialni ' Pursuant to Florida Statutes 286 .0105, the City heroby advises the pub- lic that it a person decides to appeal any decision made by This Board., Agency or Commission with respect to any matter considered at its meel- ing or hearing, he or she will hood a record of ftte proceedings, And.that for such purpose, affected person may need to ensure that a verbatim record of the ptnoeedinps Is made which record Odudes the testimony and evi- dence upon which the appeal Is to be based. 8125.. _. _._ __ 00- 3.76f64512M Block/Rail Walk Handrail• Block/Rail Walk Handrail shall be fabricated from 1.315" OD steel pipe. Block/Rail Walk Handrail shall have internally welded nuts for bolting to tabs on Block/Rail Walk Walls. Steel Spiral Slide Rail' Steel Spiral Slide Rail shall be fabricated from 1.315" OD steel pipe. Steel Spiral Slide Rail shall have internally welded nuts for bolting to tabs on Steel Spiral S1ide.Walls. Ramp Straight Handrail (41, 6' & -8' lengths) and. Ramp Wavy Handrail (4', 6' & 8' lengths): Handrails shall be fabricated from 1.315" OD steel pipe. Handrail ends shall have two '/," x 11h" x 3" steel tabs for bolting to Support Posts.• 12' long rails shall have a Mid Attachment Bracket fabricated from 1 'ri" x '/." steel flat stock and shall be bolted to Support Posts. Handrails shall be bolted to Support Posts. Ramp Wall Straight Handrail (4•', 6' & 8' lengths) - and Ramp Wall Wavy Handrail (4', 6' & 8' lengths): Handrails shall be fabricated from 1.315" OD steel pipe. Handrails shall have internally welded nuts for bolting to tabs on Ramp. Walla Top Support. (Fire. Pole and. Loop. Ladder/Zee... Pole): Top Support shall be fabricated from .1.66" OD steel pipe with a '/." x 2" x 2" steel tab for component connection Top Supports shall have internally welded nuts for bolting to tabs on Pole Wall. Ladders Vertical Ladder (24 ", 32 "1 40 "; 48 "; 56" & 64 "' heights): Side Rails, Rungs and Attachment Brackets fabricated from 1.315" OD steel pipe. Attachment Brackets shall have internally welded nuts for bolting- - to tabs on Vertical ladder Wall. Loop Ladder (31 ", 40 ", 48 ", 56 ", 64" & 72" heights): Main Support Pipe shall be fabricated from 1.66" OD steel pipe. Auadbary Support Pipe and Rungs shall be fabricated from 1.315" OD steel pipe. Rungs shall be parallel to the ground. Main Support Pipe shall have internally welded nuts for bolting to tabs on loop ladder /Zee Pole Top Rail. Sloped Ladder (32 ", 40 ", 48 ", 56 ", 64" & 72" heights): Handrails, Side Rails and Rungs shall be fabricated from 1.315" OD steel pipe. Handrails shall have internally welded nuts for bolting to tabs on Ladder Wall. Zee Pole Ladder (31 ", 40 "1 48 ", S6 ", 64" & 72" heights): Support Pipe shall be fabricated from 1.66" OD steel pipe. Rungs shall be fabricated from 1.315" OD steel pipe. Zee Pole Ladder shall be bent to a smooth radius with rungs parallel to the ground. Support Pipe shall have internally welded nuts for bolting to tabs on Loop Ladder /Zee Pole Top Rail. Overheads Alternating Loop Ladder (Curved, Single, and 2700): Support Beam shall be fabricated from 4" OD steel pipe and shall be welded to two End Supports. End Supports shall be fabricated from 4" C channel steel. End Supports shall have two '' /V x 3" x 4" steel flat stock plates welded to the ends. Ahemating Loop Ladder Rungs shall be fabricated from 1.315" OD steel pipe bent to a smooth radius. End Supports shall be bolted to Support Post Chinning Bar. Chinning Bar shall be fabricated from 1315" ODsteclpipesvith.'lA x-1'lz:xs" sted.tabsat. the ends. Chinning Bar shall be bolted to Support Posts. Glide Ride (Single & Tandem): Glide Ride shall be designeda sta-not-creawpinclror- crosirpoints: Track shall be fabricated from two '/," x 2'/2" x 3" steel angles,.welded n a 1/." x3" x_4" wart tlar crock plate, on each end. Steel angles shall be turned 450 from level- -A- Carrier Assembly shall.- travel -in- the -gap formed by steel angles. Carrier Assembly shall have a steel- body - with - four . sea led - double- beadrig.rollers,.. two end bumpers and a "D" shaped handle. Handle shall be--fabricated-from. 1.315'-' OD- steel -pipe: The Track & Carrier Assembly shall bolt to 4" C channel End_Suppods and End.SU c shall bnWaSupport.. Posts. Hand - Over -Hand Overhead Side Rails shall be fabricated - from.- 13.1.5" OD- stecl-piper End- Supports shall be fabricated from 1.66" OD steel pipe. End Supports - shall -have two•' /.r x•1!/27 x•5" steel tabs welded to their ends. End Supports shall bolt to SuppotLPosts_ Overhead.. Ladder. (Carved,.Short&- Straight):..Side- Supports shall be fabricated from 1.66" OD steel pipe. Rungs shall be fabricated from 1.315" OD steel pipe. Sider Supports shall be bent-and shall have 1/." x' l'/2 "x'5 "steeitabsweldedtot winds Side•Supports- shall bolt.to.Support_Posts -. . Ring Beam Assembly (Curved, Double, Single, "S" and 270°). Support-Beam(s) shall be fabricated from 4"- OD-steel -pipe- and shall bee welded -to- mo End- - Supports. End Supports shall be fabricated from 4" C channel steel: End - Supports shaltliavetwo'/. x 3"x 4" steel - flat,-stock plates welled -te- the -ends_ Each - ring_chain shall be attached to two 1/8" x 1" x Hi 7. steel- tabs - welded: -to- Support Beam 3f8" diameter bolts with plastic bushings shall be used to bolt chains to- tabs: - End - Supports shall -be- belted. to. Support.. Posts. Tnw Ring Beam: Support Rail shall be fabricated from 1.315 -OD "steel pipe with 1/4-k Tr/2"x 5-- steel- tabs- at- the ends. Rings shall- be- attaehed•to- Support Rail. Support Rail shall be bolted to Support Posts. Platforms ADA Transfer System: ADA Transfer System shall conform to ASTM- specifications for accessible playground equipment Support Frame shall be fabricated from '/," x 2'/2" x 2'/2" steel angle with flange-and bolt- to- vertical Support -Post. Handrails shalLb fabr+catc(-from. L315". OD- steel .pipe,. and.. welded to a 2 "x 2" steel tube vertical support. Horizontal surfaces shall be fabricated -from 2" x 8 "' Dimensional-Material. Angler_ Platform:.. Platform Frames shall, be. fabricated-frnnt.' /a'-' x.2'h" x2'lz "_stcelangle.aad' /T x 2" steel flat stock. Center Support Strap shall be fabricated from '' /." x 2" steel flat stock. Platform Planks- shall- be- fabricated- from- Dimensional Material. Platform Frame shall be bolted to Support Posts. Platform shall have a surface area of 19.1 SE Curved' Platform, Balcony Platform, Curved Balcony Platform- and Three- Step - Platform: Platform Planks shall be fabricated from Dimensional Material. Platform Frame shall be fabricated from %." x 2'/2" steel flat stock, welded to 1.315 OD steel pipe truss frame wall. Wall & Platform Support are one unit Platforrr.Erame.shall be.bolted to Support Posts. Platforms shall have the following dimensions and surface areas: Curved Platfonn - 4'-6" x 6'-6 ", 26.6 SF Balcony - 2' -0" x 4' -5 ", 9.7 SF Curvet Balcony -2' -0" x 4-5 ", 7.9 SF Three Step - 4' -5" x 4' -5 ", 24.3 SF., Single Platform, Mid Platform, Octagonal Platform & Shared Elevation- Platform: Support Brackets shall be fabricated from '' /," x 2h" x _2%2" steel angle... Center.. Support. Strap.shall.be.fabricated from'/:' x 2" steel flat stock. Platform Planks shall be fabricated from Dimensional Material Platform Support Brackets shall be bolted to Support Posts. Platforms. shall..have the following- dimensions and surface areas: Mid - 4' -2" x 5' -0", 20.8 SF Octagonal - 14' -2" x 14' -2 ", 156 SF Shared.Elevation-- 4' -7" x T -0.", 22.6 SF Single - 5' -0" x 5 %0 ", 24.3 SF `. Curved Left & Right (909 Platform: Platform Planks.. shall.. be.. fabricated Dimensional Material. Platform Frame shall be fabricated from '''A" x 2%2" steel flat stock, welded to 1.315 OD _steel pipe truss frame wall. Wall & Platform Support are one unit on curved portion and shall be supported on straight cnd' by 'I/," x 2' /s*- "x 2'/2 steel angle. Platform - Frame- shall be-bolted-to- Support. Posts. Platforms.shall.have the.following.dimensions and surface areas: Lefl & Right Curved - 4' -8" x 4'-6 ",16.25 SF Platform -Filler Board Support --Brackets -shall be fabricated from 'h" x 2%d' x 2'ri" steel angle. Filler Board shall- be fabricated 3"x5 from Dimensional Material. - .Platform. Support. Brackets. shall. be bolted to Support Posts. Spiral Slide Platform (Rotationally Molded Plastic): Platform Frame shall be fabricated from'' /," x Mi" steel flat stock, welded to 1.315 OD steel pipe one piece truss frame wall. Platform Frame shall be bolted to Spiral Slide Arch Wall with four '/2" diameter machine bolts. Platform Boards shall. be fabricated from 2" x 8" Dimensional Material. Triangle Platform: Platform Frame shall be fabricated from '/." x 2'/2" x 2'/2" steel angle with a '/." x 2%2" steel reinforcement rib. Platform Planks shall be - fabricated from Dimensional Material. Platform shall be a right triangle with two sides 5' -0" long. Platform Frame shall be bolted to Support Posts. Platform shall have a surface area of 12.5 SF. Web Platform: Web Platform Net shall be fabricated nylon webbing. Pipe Frame slips through loops in Web Net Pipe Frame shall be fabricated from 1.66" OD steel pipe and shall have four %," x 1'/2" x 3" steel tabs for bolting to Support Posts. Ramps ADA Ramp (1 :11 slope, 4'; 6' &. 8' lengths): Ramp Frame shall be fabricated from %," x 2'/2" steel flat stock, welded to 1.315 OD steel pipe one piece truss frame wall. Ramp Frame shall be bolted to Support Posts:' Center Support° Strap shall ..be fabricated from. -'/," x 2" steel -flat stock. Ramp Planks shall be fabricated from Dimensional Material. Scoot Ramp (16 ", 24" & 32" heights): Handrails shall be fabricated. from .1.315 ". OD. steel. pipe — Support Angles shall be fabricated from 1/4" x 21'" x 2%2" steel angle and shall be welded to Ramp Handrails. Ramp Planks shall be fabricated from 1" Dimensional. Material. 8e.. cleats.. from 2 "x4 ". Dimensional Material. Handrails shall have internally welded nuts for bolting to tabs on Stairs/Scoot Ramp Wall. Roofs and elrches Steel Peaked Roofs, Afodular Peaked Roofs & Arches (Double, Oriental, Single, Step,. Kdorian &.... Wave). Roofs and arches shall be two-piece assemblies. Roof &Arch.Covering material shall be... fabricated from 11 gauge perforated steel plate with 3/8" diameter holes, 9116 ". on center. Decorative. - Cornice shall be fabricated from '/4 " x 6" steel flat stock. Ridge &. Fascia. Supports shall. be. fabricated. from I/." x 3' /z" steel flat stock. Roof and arch ridge halves shall be bolted. together with.'" diameter . machine bolts. Face Board shall be bolted to Support Posts. Barrel Roof Roof shall . be. a. two-piece assembly... Roof Panels shall be rolled from 11 gauge perforated steel plate with 3/8" diameter. holes, 9/16" on center_ Cornice shall be fabricated from '/4" x G' steel flat stock shaped Fascia '/4" x 2" x 2" steel. angle. and Ridge ' /4 "x 2" flat stock together with the shaped Cornice and rolled Perforated. Steel. Plate shall be.. welded to form the Panel. Roof Panel halves shall be bolted together with ' /2" diameter machine. bolts.. Fascia comers shall be stiffened with '/4" x 3" x 5" steel flat stock and bolt to top of Support Posts. Steel Pyramid Roof & Tall Roof. Roo£ shall be. a_. four -piece assembly. Roof Panels shall be fabricated from 11 gauge perforated steel plate. with_ 3/8" diameter holes, 9/16" on center. Panels shall be trimmed at bottom with 1. 7 . OD steel pipe.and.at.sides. with 1/4" x 2 1/4" steel flat stock. Each panel shall have one 1 /8" x 1" Mid Rib., Corns Brackets shall... be fabricated from ' /V x I' /," steel flat stock. Roof Attachment Brackets shall be fabricated from '/4.7 x.. 1'/2" flat stock Roof sections shall be bolted together with'" diameter machine bolts & bolt to Attachment Brackets. Attachment Brackets shall be bolted to Support Posts. Steel Truncated Roof, Large Octagonal Roof, Truncated Octagonal Roof & Large Steel Truncated Roof. Roof Panels shall be. fabricated.. from 11 gauge perforated steel plate with 3/8" diameter holes, 9/16" on center. Panels.shall..be.. trimmed at top and bottom with 1" OD steel pipe and at sides with 1/4" x 2 1/4 ". steel flat stock._ Eachpanel.. shall have one 1/8" x 1" Mid Rib. Comer Brackets shall be fabricated from 1''" x 2" steel tees._ Attachment Brackets shall be fabricated from ' /4" x 11/" steel flat stock and attach to Roof side. members. Attachment Brackets shall be bolted to Support Posts. Circus Roof (8 Sided): Roof Panels shall be fabricated from 11 gauge perforated steel plate. with.. 3/8" diameter holes, 9/16" on center. Panels shall be welded frames using '/4" x 2%2" steel flat. stock, as. framing for the perforated steel plate. Each Roof Panel shall have three '/4" x 2'/2" Mid Ribs. Comer Brackets shall be fabricated from 1/4" x 6 "x 6"" steel bent flat stock plates. Pancls.shall join in the,center.to a 4'/2" diameter Steel Pipe Hub using 1/2" bolts Side Attachments- of Panels shall be with . ' /�" bolts_ Attachment Brackets shall be fabricated from '/4" x 1 V2" steel flat stock and attach to Roof side members. Attachment Rmrket�haIt b x tc Supprxf Poste-,. Fascia shall be fabricated from '/4" x 6" steel flat stock and bolt to lower edge of roof panel. Sign board shall be 1/8" x 5" with laser cut lettering and attacb.wtlh.Yi saxIx ts_ Balcony Roof. Shed Style Roof shall be fabricated from 11 gauge perforated steel plate with 3/8" diameter hole�.9l16'.'. olLCmter . RooL. shall- be. trimmed with 1.315 OD steel pipe. Attachment Brackets shall be fabricated from 1/4" x 1'/2" steel flat stock welded to roof frame. Attachment Bracket shall bolt to Support Post Steel Pipe Pyramid Roof and Steel Pipe Dome Roof. Pipe Legs shall be fabricated from 3.5" OD stcaL..pipe_ Bottom. of. Pipe- Legs- shalL. have. Attachment Brackets fabricated from '/4" x 2'/2" x 2''" steel ang[e. Pipe Leg-tops shall meet at a Hub fabricated from 5" x 5" steel box tubing with a '/4" flat stock cap, Top of Pipe Legs shall have internally welded nuts for bolting to hub. '" dome head bolts shall be used. Flag shall be fabricated from 3116" steel flat stock welded to Pole. Flag Pole shall be fabricated from 1" OD steel pipe and shall be bolted to top of Hub. Attachment Brackets shall be bolted to Support Posts. Timber Peaked Roof ( Sing(e, Double & Triple): Support Frame shall be fabricated from '/4" x 21/" x 2'/2" steel angle. Roof Slats shall be fabricated from 2" x 8" nominal red cedar. Support Brackets shall be bolted to Support Posts. Timber Pyramid Roof. Roof Slats and Roof Supports shall be fabricated from 5/4" nominal red cedar. Attachment Brackets shall be fabricated from '/4" x 1' /s" steel flat stock. Attachment Brackets shall be bolted to Support Posts. Attachment Brackets shall be fastened to Roof Supports with 3/8" x 2" stainless steel, dome head, threaded lag_screws. Slides Bankver_ Slide_p=- 40148. " he4h&,L Slide.. Rails shall be fabricated from 1.315" OD steel pipe. Slide Rails shall have internally welded nuts for bolting to tabs on Banister Wall. Banister Footing Rrackdt shil bet" OD stainlesssteel.pipesweldedto.. •a' /4" x 2" steel flat stock, assembly shall be anchored in concrete. Banister Rails slip over pipes of Banister Footing Bracket Fire Pole (40 ", 48 "1 56 "1 64" & 72" heights): Fire Pole shall be fabricated from 1.66" OD stainless steel pipe. Fire Pole shall have an internally welded nut for boltingto tab on Fire Pole Top. Support Slide (Plastic,' 32 "1 40 ", 56 ", 64" & 72 "' heights), Curved Slide (Plastic; 32" & 40" height), Wave Slide... Mastic;.. 4V)., and- Tandem- Slide_ (Plastic; 32 ", 40" & 48" heights): Plastic Slides shall be rotalional molded, linear low- density polyethylene. Slide top entry area, sides, bedway and runout shall be-molded as S.onc- piccc- umL.with.a..minimum wall, thickness of 5/16 ". All slides shall have a Mounting Plate fabricated from I/." steel flat stock and attached underplay platforms planks. Mounting Plate shall be fastened-- to-Platforrn Planks -- with - two -3/r. x.2" stainless steel, dome head, threaded lag screws and two 3/8" x 3" stainless steel truss head bolts and T- Nuts Single Slide Support Leg shall be fabricated from 2375.: OD.steel pipewith_a -YC flar tock- steel plate for connection to slide bottom. Tandem Slide shall have two Support Legs fabricated from 2" OD steel pipe_. Tandem. Slide. - Support Legs. shall be welded to a Mounting Bracket fabricated from '/4" steel flat stock. Slide ( Stainless.. Sted.Straight;..24.'.',32.'.', 40 "1 48 "1 56 ", 64" & 72" heights): Slide Side Rails shall be fabricated from 1" x 4 ", 11 gauge 'D' shaped steel tubing with cast aluminum End Caps. Slide Bed shall be fabricated- from..1S. gaugercold- rolled,.. stainless steel with a 2B fmish. Slide Bed shall be supported by stainless steel Ribs, 18 gauge. Slide Bed and Support Ribs shall be fastened with rivets to the Side Rails. All slides shall mount on top of the adjacent deck. The Bedway shall extend at the top of the slide and be formed to create the Mounting Plate The Mounting Plated shall be fastened to Platform Planks with four 3/8" x 2" stainless steel, dome head, threaded lag screws. Slide Support Legs shall be fabricated from 2.375" OD steel pipe with a' /4" flat stock steel plate for connection to slide bottom. Spiral Slide (Plastic; 2700 & 3601): Spiral Slides shall be rotational molded, linear low- density polyethylene with a minimum wail thickness of 5116 ". Slide shall consist of one entry segment, quarter turn segments (as required) and one runout shoot. All pieces shall be fastened to a 5" diameter steel pipe running through the center of the slide. Plastic Spiral Slide shall be bolted to Plastic Spiral Slide Platform and Plastic Spiral Slide Side Walls using 3/8" dome head bolts. Spiral Slide (Stainless Steel; 40 ", 64" & 84" heights): Spiral Slide bedway sections shall be die fabricated from 16 gauge stainless steel. Center Support Posts shall be fabricated from 4'W' OD steel pipe pre - drilled for attaching,bedway sections to post. Run out supports shall be fabricated from 1.66" OD steel pipe. Perimeter Section Rail shall be 6063 -T5 extruded aluminum Slide Section Connection Straps shall be fabricated from 11 gauge steel flat stock. Stainless Steel Spiral Slide shall be bolted to Stainless Steel Spiral Slide Platform and Stainless Steel Spiral Slide Walls with 3/8" dome head bolts. Gaps larger than 1/8" shallbe filled with Silicone Filler. Tube Slide (Plastic, 32 "' 40" 48 ", 56" & 64" heights): Plastic Tube Slide shall consist of Tube Wall. Panel,. Tube.. Slide.. Entrance.. Section, Slide Section (length as required) and Tube Slide Run Out Section. Tube Slide Wall Panel shall be rotational molded, linear low- density polyethylene with a minimum wall thickness of 5116 ". All other pieces shall be linear low - density injection molded polyethylene with a 7/16" wall thickness. Slide shall have a 30" internal diameter. Tube Slide Legs shall be fabricated from I.66" OD steel pipe. Tube Wall Panel shall have two internal Support Pipes fabricated from 1.315" OD steel pipe with internally welded nuts for bolting to Tube Wall Brackets. _. Stairs & Steps Narrow Stairs (16 ", 24 ", 32 ", 40" & 48" heights). Stair Stringers shall be fabricated from '/4" x 7" flat stock. Supports for Treads shall be fabricated from '/4" x 21/" x 9" steel flats and shall be welded to Stair Stringers. Treads shall be fabricated from Dimensional-.Material. Assembled - Stairs Stringers shall be bolted to Stairs Wall. Support Leg shall be fabricated from 2.375" OD steel pipe with a 'h" flat stock steel plate and conned to under side of lower gyp• Step Ladder. Handrails shall be fabricated from 1.315 " -01) steel pipe, with internally welded nuts. Supports for Treads shall be fabricated from ''/1' x 2%" x 9" steel flats and shall be welded to Handrail Pipes. ladder Threads shall be fabricated from Dimensional Material. Support.. Brackets shall be bolted to Stairs Wall at top and Step Inlill at bottom Tubes Tube Crawl (Exterior; 5' & 10' Lengths): Tube Support Brackets shall be fabricated from 1.315" OD steel pipe. Tube Section shall be linear low- density injection molded polyethylene with a 7/16" wall thickness. Tube Section shall be a one -piece unit with a 30" internal diameter. Tube Support Brackets shall have '/4" x 144" x 3" steel tabs for bolting to Support Posts. Tube Craui (Platform; S' & 10' lengths): Platform Tube Crawl shall consist of two Tube Wall Panels- and one Tube Section. Tube Wall Panels shall be rotational molded, linear low- density polyethylene with a minimum wall thickness of 5116 ". Tube Section shall be linear low - density polyethylene with a 7/16" wall thickness. Tube Section shall be a one - piece unit with a 30" internal diameter. Tube Wall Panels shall have two internal Support Pipes fabricated from 1.3.15" OD steel pipe with internally welded nuts for bolting to Tube Walls Brackets. Tube Pull: Tube Support Framework, and Tube Entrance Wall Top Rails shall be fabricated from 1.315" OD steel pipe. Pipe Rungs shall be fabricated from 1" OD steel pipe. Two Tube Side Supports shall be fabricated from 1'h" x 1' /z" box tubing. Tube Section shall be linear low - density injection molded polyethylene with a 5116" wall - thickness. Tube Section shall be a one -piece unit with a 23" internal diameter. Tube Section shall be bolted to Tube Side Supports with 3/8" dome head bolts, washers and threaded inserts. Tube Side Supports shall be welded to Tube Support Framework. Tube Support Framework shall have internally welded nuts for bolting to tabs on Tube Entrance Walls. Tube Entrance Walls shall have four '/4" x 1' /i' x 3" steel tabs for bolting to Support Posts. Urban Tube Crawl: Shall consist of a two piece assembly. The tube portion shall be fabricated from rolled 11 gauge perforated steel plate with 3/8" holes, 9/16" on center. Pipe Frames shall be fabricated from 1.315" OD steel pipe top and bottom members and 1" OD vertical steel pipe supports. Top ridge of tube shall be 'K" x I W' flat stock steel. All components shall be welded to fort half of the Tube Crawl. Two halves shall be joined with a base fabricated from Dimensional Material. Tube Crawl shall have four '/4" x I %" x 3" steel tabs for bolting wall to Support Posts. Walls, Triangular Walls, Three Step Wall and Infdlr: General: All walls shall be welded as a one -piece structural assembly. All walls, including bridge walls, shall be designed as protective barriers as defined by ASIM F -1487 and required by US CPSC Guidelines. The tops of all walls shall be 38" above platform surface (school age standard), or 29" above platform surface (2 -5 age) in certain required situations. Arch, Climbcr, Ladder, Pole and Slide Walls shall have an arched opening sized as required for access and egress; 15" maximum width unless otherwise 'specified herein. Inside clearance from platform-surface tn.top.of atched- opening_shall-be -a minimum distance of 58" (Fire Pole wall is 68 "). Top and Bottom Rails shall be fabricated from 1.315" OD steel pipe. Pipe Rungs shall be fabricated from 1" OD steel pipe. All walls shall have four'/:' x 1'/2" x 3" steel tabs for bolting to Support Posts. Accessory Wall (Standard & Triangle): Walls shall befabricatcdaspncviotisl yspeciGcd Atche&opening shall be 33" wide with a top rail at 29" or 38" based on age appropriate design parameters. Alphabet Walk Top and Bottom Rails and Spindle Sleeves shall be fabricated from 1.315" OD steel pipe. Block Spindles shall be fabricated from 1" OD steel pipe. Block Spindles shall be inserted" into Spindle Sleeves welded to Top and Bottom Rails. Wall shall hold 30 blocks. Blocks shall be rotationally - molded low- drnsitypolyethylene with a minimum- Y4" Graphicsshaltbecolor appliqu6s-secured -ta the block's- surface.. Alphabet.. Wall shall consist of the twenty-six letters of the alphabet plus four Color Blocks. Each Color Block shall have two -color face. Top and Bottom Rails shall have 1/4" x 1'/2" x 3" steel tabs for bolting.wall to Support Posts. Anngkd- W ail - (Interior- &- Exterior)- and-Angled- Stewing _WheeLWaIL(Interior- Walls.. shall be fabricated as previously specified Steering Wheel Walls - shall - have - a - ' /V x --3" x 31/.= steel• mounting.plate for attachment of steering wheel. Arch Wall (Offset Standard & Triangle). Walls shall be fabricated as previously speed. Balcony Wall (Left; Left Iligh, Right & Right High): - High- Walls-shall be•foruse�with-Offaet -Walls- and_Seat_Wa1Ll- AIL. Walls. shall -be- fabricatM as... previously specified, except outboard end of wall shall have a vertical 2" 4" steel tube post. Lower walrborizontal'pipe shall have a'74 'x 2-q- steel flat stode:wekied-On, to- - support- the- beleeny platform boards. Barrier or Activity Wall shall attach between sidcwaa Walls -shall have•two -'h' x 1'h" steel-tabs for bolting to Support Posts. Top connection is double boked& bottom singlebohed: Banister_ Slide. Wag (Sterna d R 2angk,�L Walls.. -shall be fabricated as previously specified. Walls shall have-two-'J" x 2" x-2" stee+tabs- for- Banister Slideattachment Big Wheel Walk Walls shall be fabricated as previously specific& Big Wheershalrbe fabricated from two-sheets ofhigh- icmity- polyethylene: The bottm,zheet -ha Ii_be.' /." thick--Top sheetshall.be. %z°' thick. Top sheet shall have three - recessed grab points and threc-handlerwith encased- bcaringsr Top -and bottom sheet chart be, fastened.to -each other using VV x 1'/." sex bolts. Big Wheel shall have a free turning bushing. 5/8" diameter carriages bolt nut and washer shall -ba used to-fastert bushing-to-wall.- Wall -shall have a' /," x 3" x 3'/;' steel mounting plate for wheel attachment- BtocWRail Walk Wall: Wall Top, Side and Mid Rails shall be fabricated from 1.315" OD steel pipe. Wall shall have two '/4" x 2" x 2" steel tabs for Block/Rail-Walk Handrail attachment Bridge- -Wail (Curved; Standmd-&- Short). • All Bridge- Wallsshallbe protective- hardere a defin di by ASTitf F -1487. Walls shall be fabricated as previously specified. Walls shall be curved to follow arc of bridge. Bridge Wall (Long. Sloped 8 ", 16 "' & 24" elevations; Short Sloped 4" & 8" elevations and Straight):- All. Bridge. Walls. shall.. be. protective barriers as defined by ASTM 81487. Walls shall be fabricated as previously specified. Walls shall be angled to follow slope of bridge surface. Bridge Wall (Moon): Moon Bridge Walls shall be protective barriers as- defined. by A=f..F.- -1487. Walls shall be fabricated as previously specified. Walls are arched to follow arc of bridge. Bubble Wall and Bubble. Wall niih Steering Wheel Walls consist of Top and Bottom Rails fabricated from 1.315" OD steel pipe. Rungs shall be fabricated from 1" OD steel pipe. Bubble Panel shall consist of molded clear polycarbonate bubble bolted to a %" polyethylene fame. Bubble Panel shall be bolted to four Mounting Brackets welded to Top and Bottom Rails.and- Rungs_ Mounting Brackets shall be fabricated from %:' x 2" steel flat stock Steering Wheel Wall shall have a '/4" x 3" x 3' /t" steel mounting platefoc attarhmerit of steering.wheel. Top and Bottom Rails shall have 1/4" x 1'h" x 3" steel tabs for bolting wall to Support Posts. Chasinll'rape a Wall (Offset Offset wuh• Steering Reel, Standard & Triangle): Walls shall be fabricated as previously specified. Walls shall have two ' /, ". x.2" x 2-" steel - tabs for Chasm Bridge or Trapeze. Climbet.attachmeut. Offset ChasmlTrapeze Steering Wheel Wall shall have a %P x 3" x 3 %." steel mourning plate.foc.attachment of steering wheel. Climber Wall (Standard & Triangle): Walls shall be fabricated as previously specified. Arched opening shall be 33" wide with -a-1" OD horizontal Pipe Rung at 38" or 29" above platform surface. Walls shall have two '/T x 2" x 2" steel tabs attaching climber components. Color Walt• Top and Bottom Rails and Spindle Sleeves shall 'be fabricated' from 1.315" OD steel pipe. Block Spindles shall be fabricated from 1" OD steel pipe. Block' Spindles shall be inserted into Spindle Sleeves welded to Top and Bottom Rails. Wall shall hold -30- blocks. Blocks shall be rotationally molded low -density polyethylene with a minimum'' /." wall thickness. Graphics shall be color appliqu6s secured -to -the block's surface. Color Wall shall consist of thirty color blocks. Each Color Block shall have two colored sides. Top and Bottom Rails shall have 1/4" x 1' /z" x 3" steel tabs for bolting wall to Support Posts. Crawi Wall (Standard & Triangle): Walls shall be fabricated as previously specified. Crawl Wall shall have one circular opening. Triangle Crawl Wall shall have two circular openings. Circular Opcning(s) shall be trimmed with 1" OD steel pipe. Curved Wall (Interior & Exterior), Curved Steering Wheel Wall (Interior & Exterior) & Curved (909 Right & Left Walls. Walls shall be fabricated as previously specified-. Steering Wheel Walls shall have a have '/4" x 1'/2" x 3" steel mounting plate for attachment of steering wired. Ladder Wall (Offset, Offset with Steering Wheel, standard &. Triangle): Walls shall be fabricated as previously specified. Walls shall have two 1/4" x 2" x 2" steel tabs for ladder attachment Steering Wheel. Wall shall have a'' /4" x 3" x 3'/4" steel mounting plate for attachment of steering wheel. lfuror Wall (Standard. &...Triangle)- Mirror Wall.. shall consist of six geometric shaped mirrors, three per side, bolted to a steel mesh panel. Panel shall be fabricated from 11 gauge perforated steel plate with 3/8" holes, 9/16" on. center. Pipe. Frame shall be fabricated from 1.315" OD steel pipe. Panel shall be welded to Pipe Frame. Mirrors shall be fabricated from 16 gauge 304 stainless steel with a mirror finish on the exposed side.... Mirrors. shall sit. within plastic fames fabricated from 3/8" polyethylene. Frames shall be bolted to the steel panel with '/4" x V sex bolts. Pipe Frame shall have four '/4" x 1'/2 " x 3" steel tabs for bolting wall to Support Posts. Time Teacher Wall (Standard & Triangle): Time Teacher Wall shall consist of one adjustable clock face bolted to a steel mesh panel. Panel shall be fabricated from 11 gauge perforated steel plate with 3/8" holes, 9/16" on center. Pipe Frame shall be fabricated from 1.315" OD steel pipe. Panel shall be welded to Pipe Frame. Clock shall be fabricated from 11 gauge 304 stainless steel and 2/4" polyethylene plastic components. Clock shall be bolted to the steel panel with 5116" button head bolt and 'T' nut, factory assembled and attached. Pipe Frame shall have four '/4" x 1'h" x 3" steel tabs for bolting wall to Support Posts 3fusic Walk Enclosure Box shall be fabricated from 11 gauge steel plate. Front and Back Protective Panel shall be fabricated from 11 gauge perforated steel plate with 3/8" holes, 9/16" on center. Music Wall shall have eight tuned anodized aluminum chimes. Chimes shall be attached to an internal frame. Internal frame shall be fabricated from r /." x 1" steel flat stock. Chime strikers shall be fabricated from 3/8" high-density polyethylene. Levers shall be fabricated from 3/8" polyethylene. Enclosure Box shall have four 1.315" OD steel pipe Support Ames with '/4" x 1'h" x 3" steel tabs for bolting wall to Support Posts Pole Wall (Offset, Offset wuh Steering Wheel, Standard & Triangle): Walls shall be fabricated as previously specified Pole Wall and Triangle Pole Wall shall have two 1 /." x 2" x 2" steel tabs for Fire Pole Top Support or Loop Ladder /Zee Pole Top Support attachment. Steering Wheel Wall shall have a' /4" x 3" x 31h" steel mounting plate for attachment of steering wheel. Pipelnfrll (8 ",16 ", 23 ", 32-140- & 48 "), Triangle Pipe Infidl (8 "', 16 ", & 24 ") & Step Infidl (16'): Side Rails shall be fabricated from 1.315" OD steel pipe. Filler mesh shall be fabricated from 1/8" diameter welded wire mesh spaced 1" O.C. Side Rail ends shall have 1/4" x 1'/2" x 3" steel tabs for bolting to Support Posts. Step Infll shall additionally have two ' /4" x 2" x 2" tabs to allow attachment to Step Ladder. Ramp Wall (6' length): Wall shall consist of a Pipe Framework with two Wire Mesh Infrlls. Pipe Framework shall be fabricated from 1.315" OD steel pipe. Wire Mesh hnfdl shall be fabricated firnn 118" diameter wire, 1" on center & welded to pipe frame. Pipe Framework shall have two steel tabs for handrail attachment Four 1/4" x 1'h" x 3" steel tabs shall be used to bolt wall to Support Posts. Security Rail. Two Security Rail Rungs shall be fabricated from 1.315" OD steel pipe and welded to Side_Rmokets fahricated from.2 /4!' x_L %i steel. flat. stock. Side Brackets shall be bolted to Support Posts. Wheel Rail• Two Security Rail Rungs shall be fabricate{ fmm 1 315 (MLst=Lpipc- jnincdin_thc. center by a' /4" x 3" x 31/2" steering wheel mounting plate(s) for attachment of steering_wheel(s). Pipe Frame shall have four '' /4" x 1' /z" x 3" steel tabs for boltingrsil to Support Posts Security Wall (Standard & Triangle): Walls are fahri a�vt �c �{y�y Seat Wall (Low, Standard & Trwngk)- and Triangle Steering Wheel Seat Wall (Double, Left & Right)_. Seat_ Wa1L shall.., bc- a_pmtedive_ barrier- as.. defined byASTUF -1487. Low Seat Wall used only at grade. Top Rail of Standard Scat Wall is 38" above the seat surface. Top and Bottom Rails and Rungs shalLbe.Sa 'rarrsi as-previously. specified_ Seat Slat. Support Bracket shall be fabricated from 1.315" OD steel pipe with '/4" x 2" steel flat stock tabs for Scat Slat attachment. Seat Slat Support Bracket shall be welded te.Eipe.Rungs... Sear C1at gall be.fabricated from V min x 8" nominal Dimensional Material, Stecring.Wheel Walls shall have 1/4' x 3" x 3'/4" steel mounting plates) for attachment of steering wheel(s). Bench & if&le Bench Walls: Bench & Wide Bench Wallshall-befahricated.fmm -1115 ODLsted- pipe.. and welded to Side Brackets and Bench Support Straps,SabdcatedSrom.V4'.x -1'h" steel.flatstock..Side. Brackets shall be bolted to Support Posts. 2" x 8" Dimensional Material shall bolt to Bench Support Strap(s), one piece for Bench Wall and two pieces for Wide..Bench.Wa1L. Componentsused.atgade.only.. Slide Wall (Standard Offset, Offset wuh Steering Wheel & Triangle): Walls shall be fabricated as previously specified Inside clearance from platform surface to top of arched opening sha l'be 46" with a 15" ,.vide opening. Offset Slide Steering Wheel Wall shall have-a-' /4" x3" x 3'/." stm+mounting-plate-for- anadunent.ofsteesing wheeL. Spiral_ Slide. - Arch_ Wall.._ astir; Standard &- Triangle) and Spiral Slide Arch Wall (Steel; Standard -A- Triangle): Walls - shall- ba- fabricated .as... previously specified Walls shall have four steel tabs for Spiral Slide Wall attachment Plastic Spiral Slide "Arch Wall and Triangle Plastic Spiral Slide Arch Wall -shalt have- a- Mounting- PtatirforPlastic Spiral ' Slide. . Platform- attachment.. Mouning Plate shall.be.• fabricated from 1/4" x 2%2" steel flat stock. Spiral Slide Wall (Steel): Wall shall be fabricated as previously specified; Wall- sbail-have- one- ' /4" x2" x- 2" steel- tab -for Steel . Spiral- Slide - Rail- auachmcn. Top and Bottom Rails shall have internally welded nuts for bolting to Steel Spiral Slide Arch Wall. Spiral Slide Wall (Plastic): Wall shall be fabricated as previously specified. Wall shall have a Mounting Plate -for slide - attachment Mounting -Plate shall be fabricated from ' /." x 4" steel flat stock. Top and Bottom Rails shall have weld nuts for bolting to Steel Spiral Slide Arch Wa1L Stairsaceet Ramp- Wall - (Standard -fie-- Triangle):. Walls shall be fabricated as previously specified Walls shall have four '/4" x 2" x 2" steel tabs for StaiWScoot Ramp Handrail attachment Steering. Wheel.. Wall. (Double,. Single, Triangle Single & Triangle Double): Walls shall be fabricated as previously specified Walls shall have a '/: ' x 3" x 3'/4" steel mounting plate(s) for attachment of steering- wheel(s). Store Counter & Top Cornice• Store Counter & Top Cornice shall consist of a Pipe Framework & Perforated.Steellnfill.Pancl Pipe -Framework shall be fabricated from 1.315" OD steel pipe. Store Counter shall have a Countertop, & shall be fabricated from V min x 8" nominal Dimensional Material.... Countertop Support. Bracket.. shall be fabricated from 1.315" OD steel pipe with'' /. "'x 2" steel flat stock tabs. Countertop Support Bracket shall be welded to Pipe Framework. Countertop shall be attached.to steel.tabs with.3 /8" x2. "_ flat head bolts and T -nuts. Infill Panel shall be fabricated from I 1 gauge perforated steel plate with 3/8" holes, 9116" on center, welded to pipe frame, both Store Counter & Top Cornice. Straight Bridge Wall• Walls shall be fabricated as previously specified Tic -Tao -Toe & Concentration Block Walls (Standard & Triangle), Plastic: Top and Bottom Rails shall be fabricated from 1.315" OD steel pipe. Pipe Rungs and. Block. Spindles shall be..fabricated from 1" OD steel pipe. Spindle Attachment Brackets shall be fabricated from '/4" x 1'/2" steel flat stock. Tic -Tac -Toe & Concentration Blocks shall be rotationally molded low- density polyethylene with a minimum 1/4" wall thickness. Block shall have black C's and O's or Shapes molded into their surface. Top and Bottom Rails shall have 1/4" x 1'/2" x 3" steel tabs for boltingwall to Support Posts. 77w -Tae -Toe Blocks, Aluminum: Transfer System Wall: Walls shall be fabricated as previously speed. Walls shall have two %." x 2" x 2" steel tabs for Handrail attachment. Tube Wall- (Standard_ &. Triangle) :. Tube Wall Brackets shall be fabricated from %." x Hi" steel flat stock,. &. attached.to tube crawls & tube slides at the factory. Tube Wall Brackets shall be bolted to Support . Posts Zuuring installation Arch, Arch with Steering Wheel, Security, Slide, Slide with Steering Wheel & Steering Wheel and Three Step Platform Wdt Walls shall be fabricated as previously spec& Slide wall opening shall be 15" wide. Steering Wheel Walls shall have a' /4" x 3" x 3 %4" steel mounting plate for attachment of steering wheel. Vertical - Ladder.WaU- .(Offset, Offset W Steering Wheel; standard & Triangle): Walls shall be fabricated as previously specified Walls shall have four '/4" x 2" x 2" steel tabs for Vertical Ladder attachment Steering Wheel Wall shall have a '/4" x 3" x 3'/4" steel mounting plate for attachment of steering wheel. Wide Slide Wall (Standard & Triangle): Wal ls shall be fabricated as previously specified. Arched opening shall be 33" wide to allow for full usage of Wide Slide. Top of arched - opening shall have a 1" OD rail to discourage unsafe usage. Inside clearance from platform surface to bottom of opening shall be 29" or 38" based on 2 -5 or 5 -12 age appropriateness FREE STANDING. EQUIPMENT. Installation Methods Sill Plate Installation: An available.- option. with. -. certain Free Standing Playground Equipment. Support Posts are bolted to steel Sill Plates that lay on top of leveled subgradc, stone drainage course; existing proposed pavements- or-rubber -- playground - surface materials.- Components. requiring concrete -.. footings are set 36" below finished grade. Footed Installation: Support Posts are set in concrete 36 "minimum bdowfinished grade. Custom Installation Methods: available upon To-Fro Swings and Components Ileavy Duty Narrow Stance Support Posts: Support post shall be fabricated from S'-X 5 ", 11 gauge steel. tubing. Mounting plates shall be fabricated from ',4" .r• 9" X 10" steel flat stock and be welded between two support posts. A crossbeam attaches between two sets of frame supports. Designer Series Support Posts. Support posts shall be fabricated from 2 7/8" OD formed steel pipe with top cap. A Mounting plate shall- be- fabricated fionr %1' x 2" X 6" steel flat stock.welded to. the. support. . posts. Two support posts shall be teamed to attach to one end of the crossbeam. Crossbeams (all styles): Crossbeam shall be fabricated.from.3" OD stecl..pipe_ Endplates.shall be '/4" x 6" X 10" steel flat stock welded to cross beam Crossbeam shall attach to post mounting plates with '62" machine bolts. Swing Ilangers: Swing Hangers shall be fabricated from ductiledron.and.galvanized- M=.Hanger shall have an `oil -lite" bronze bearing and an axle bolt.. Swing Chains: Chains shall- be- '/. diameter galvanized proof coil steel chain Chains shall attach to Hangers. and Seats with..3 /8" stcel- shackles and tamper resistant hardware. Enclosed Infant Seat: Infant - Seat- shall be totally enclosed, constructed of vandal proof 70Duro BPDV rubber with.a...025- stainless steeL.insert. and heavy duty hardware. Standard color is black. Strap Swing Seat: • Strap seat shall be • 5116" x 6" x 24 ". Scat shall be constructed of vandal proof 70 Duro EPDM rubber with a.020 carbon steel inert to prevent vandalizing. End "triangle" brackets shall be 1/4" galvanized steel wire, mounted in factory to the flexible rubber seat. Standard color is black. Soft Edge Rubber Swing Seat. The Soft Edge seat is 1%2" x 9" x 17". Seat shall be rubber injection molded T.P.R. over a cast rib with a reinforced aluminum core. The "A" frame and support shall be 'W' diameter galvanized steel attached to the scats with tamper resistant hardware. The standard color is black. Tire Swing (Multi -Axis Swing) Crossbeam: The Crossbeam shall be fabricated from a 4" OD steel pipe with a swivel mounting plate assembly welded at• mid length. Welded to each end of the crossbeam shall be a '/:' x 6" x 9" steel flat stock. Support-Post: The'support-posts shall be 5­X-Y', 1 I gaugesteettubmlrwit t,i cWwclded- twposL, One mo= ingpLue- and-one-spaccr-platcr' /�= x.6" x 10" steel flat stock, shall be welded between two support posts creating a support assembly. Support assemblies- arc- bofttedto- crossbearrrwftfi' /2 d- iamcter hardware- Rotating- Swing. Swivel• The swivel shall be a commercial grade, automotive type universal joint assembly with a thrust bearing- attached to the assembly for rotary motion. The swivel shall have a rubbeLbellova-pwtecxive .caverandagceasc-zert for frequent lubrication. Swivel shall attach to cross beam with-'L_� diameter- hardware. Tire Swing Chains: Chains shall be 3/8" galvanized proof coil chain, three chains per swing. Chains shall be attachedlo swivel with 318-diameter hardware. Tire Swing Seat: Seat shall be a standard light truck duty type tire (without steel belt). Three drainage - holes shall be cut in the bottom face of the tire seat. A 1.315- diameter: steel pipe shall- bo- bert-anci placed inside the tiro and welded after three '/4" diameter steel wine rings have been installed over the pipe support: 407 349 5117 P.02/02 AUG -30 -2000 10:54 PIAZZA 11A1V11-UHUE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Roger C. Cuevas Superintendent of Schools Dr. Richard H. Hinds Chief Financial officer Financial Affairs Rose Bareiield -Cox, J. D. Associate Superintendent October 29, 1999 Bureau of Procurement and Materials Management PIAZZA, INC. P. 0. BOX 1217 GENEVA, FL 32732 -1217 OWNER: MARY PIAZZA SUBJECT: NOTIFICATION OF AWARD REFERENCE: MIAMI•DADE COUNTY SCHOOL BOARD Dr. Solomon C. Stinson, Chair Dr. Michael M. Krap, Vice Chair Mr. G. Halmes Brafto Ms. Peda Tabares Hantrhan Dr. Robert a. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabatcs Morse Mr. Demetrio Perez. Jr., M. S. Or. Marta Perez BID NO. 282 -XX06 TITLE: PLAYGROUND E�fOPMOENT CATALOG DISCOUNT BID PERIOD. 10/2011999 10 At its meeting of 1012011999, the School Board of Miami -Dade County, Florida awarded your company the following item(s) on the above referenced bid at the unit price(s) indicated on the attached award recommendation. This award is limited to the listed items 2all in compliance o bidders as contained t full item in thelf3'd specifications, quantities, conditions and instruction documents. Purchase orders will be issued for these itPmS, as needled, for the bid period indicated above. if you have any questions, please contact me at 995 -2345. Sincerely, �V �tuV Arguello, Buyer Dsi of Procurement Management TOTAL P.02 MIAMI -DADE COUNTY, FLORIDA MIA 7DE April 14, 2000 Mr. Gregory Oravec City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr ravec: . OF '®ftOF STEPHEN R CLARK CENTER OFFICE OF SAFE NEIGHBORHOOD PARKS 111 N.W. 1st STREET SUITE 1740. MIAMI, FLORIDA 33128 -1906 (305) 375-1110 FAX (305) 375 -1263 Enclosed please find an executed copy of the Series 98 contract (Challenge Grant) between the Office of Safe Neighborhood Parks and the City of South Miami. If you have any questions, please do not hesitate to call me at (3 05) 375 -1110. Sincerely, Beverly N. Mirman, D.P.A. Director Enclosure Agreement 4 C 98_13 SAFE NEIGHBORHOOD PARKS BOND PROGRAM CHALLENGE GRANT AGREEMENT This Agreement, made this / day of 11-V x-0 < I-- A4VC) by and between Miami -Dade County, a political subdivision of the State of Florida (County) through its Office of Safe Neighborhood. Parks (Office), located at 111 N.W. 1st Street, Suite 1740, Miami, FL 33128, and City of South Miami (Grantee) having offices at 6130 Sunset Drive; South. Miami, FL 33143 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond project ( Project(s)) for the County. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bonds for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida enacted Ordinance 96 -115, the Safe Neighborhood Parks Ordinance; and WHEREAS, it is necessary and desirable to improve the quality of life, to preserve property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the project(s) listed herein have been identified for reimbursement pursuant to the terms of the Ordinance; NOW, THEREFORE, the parties agree as follows: I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or costs shall be made in accordance with the Budget(s) which is incorporated and attached as Exhibit(s). (See Section XVII H ). II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation Grants, and Challenge Grants and the Bond Ordinance, copies of which have been provided the Grantee by the Office. Without limiting the generality of the preceding sentence, the Grantee agrees to : Payment Procedures (Ord., Sec.6 & Rules, l OB); Breach of Agreement (Rules, IOB(6) & 11E); Termination (Rules, 11E); Prohibited Use of Funds (Rules, 10E); Required Documentation (Rules, 11C & 12); Operating Funds (Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, IOB(11)); and Audits (Ord., Sec. 13 & Rules, IOB(8)). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from _January 1, 1999 to December 31, 2001 . Failure by the Grantee to . complete the project by the aforementioned date, unless extended, shall be cause for the County to terminate this Agreement. IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $1,478,600 unless otherwise amended. The Grantee agrees to post a match which will be subject to verification by the County at the time of payment reimbursement. Expenditure match must be verified at the time of the independent audit (Ord., Sec. 13 & Rules, 10 B (8)). V. FUNDING COMMITMENT. In the event that the project(s) requires further funding, funding for subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami -Dade County, Florida, with no representation that funds will be forthcoming. VI. FUNDING REQUIREMENTS & REGULATIONS. A. Establishment of residency requirements, imposition of non - resident fees, or failure of the Grantee to' comply with any other conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee (Oversight Committee) shall be cause for the County to terminate this Agreement unless an exception is granted by the Oversight Committee. B. Failure to enter into contract to commence the project(s) whether design, construct, or purchase land (whichever is appropriate) within 120 days after Agreement execution, unless extended by the Oversight Committee for good cause, shall be cause for the County to terminate this Agreement. C. Failure by Grantee to produce the dollar for dollar cash match as originally pledged to the project(s) by the Grantee shall result in a reduction in bond funds awarded under this Agreement, equal to the cash match shortfall , or termination of this Agreement by the County, at the option of the Oversight Committee. VII. CONDITIONS OF AWARD A. Completed facility construction will have a permanent plaque, approved by the Oversight Committee, as to material, form, and content, affixed to the facility noting funding through the Safe Neighborhood Parks bond program. B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with the current South Florida Building Code specifications for such facilities. C. Land acquired and/or facility development or improvement funded by this 2 Agreement must be vested with a public agency. VIII. INDEMNIFICATION BY GRANTEE A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits,, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall. investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portion thereof, which, when totaled with all other claims or judgment or paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any' and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. Not - Far - Profit Organization. Not - For - Profit organizations shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. IX. INSURANCE. A. Government Entity. If the Grantee is the State of Florida or an agency or political subdivision of the State as 3 defined by Section 768.28, Florida Statutes, the Grantee shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. B. Not - For - Profit Organizations. 1. Modification and Changes The Grantee shall notify the County of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of the Grantee's Scope of Services (Exhibits) by the County's Risk Management Division, the County may increase, decrease, waive or modify any of the following insurance requirements. Any request by a Grantee to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum. Insurance Requirements: Certificates of Insurance The Grantee shall furnish to Miami -Dade County, c/o Beverly N. Mirman, D.P.A., Director, Office of Safe Neighborhood Parks, 111 N.W. 1 st Street, Suite 1740, Miami, Florida 33128 -1989, Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the provider as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. c. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000* combined single limit per occurrence for bodily injury and property damage. For Grantees supplying vans or mini -buses with seating capacities of 15 passengers or more, the limit of liability required for Automobile Liability is $500,000. d. Errors and Omissions Insurance in the name of the grantee, when applicable, in the amount not less than $300,000. 3. Classifications and Ratings All insurance policies required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Grantee. 11 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County's Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the'State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. All insurance requirements are subject to review and approval by the County's Risk Management Division. C. Failure to Provide Certificates of Insurance If the Grantee'fails to furnish the County with the Certificate of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of the Scope of Services (Exhibit(s)), the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter 11A, Article IV of the Code of Miami -Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C., Section 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the Grantee must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Grantee. Any agreement entered into based upon a false affidavit shall be voidable by the County. If the Grantee violates any of the Acts during the term of any agreement the Grantee has with the County, such agreement shall be voidable by the County, even if the Grantee was not in violation at the time it submitted its affidavit. XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami - Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XII. INDEPENDENT PRIVATE - SECTOR INSPECTOR GENERAL. The County shall have the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the services of an independent private- sector inspector general ( IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Grantee and County in connection with this agreement. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Agreement; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials. Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Grantee's possession, custody or control which in the 1PSIG's sole judgment pertain to performance of the Agreement, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, bid and agreement documents, back - charge document, all documents. and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct an audit or investigate activities. The provisions of this section are not intended nor shall they be T construed to impose any liability on the County by Grantee or third parties. XIII. OFFICE OF THE MIAMI -DARE INSPECTOR GENERAL. Pursuant to Ordinance No. 97 -215, the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to report and/or recommend to the Board of County Commissioners whether a particular project, program, agreement or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG shall, on a random basis, perform audits on all County contracts throughout the duration of said contracts hereinafter "mandatory random audits "). The cost of mandatory random audits shall be incorporated into the agreement award and shall be one quarter of one percent of the agreement award. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory random audits, as well as audit, investigate, monitor, oversee, inspect and-review the operations, activities and performance and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities, of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County of any audit performed under Section XI "Independent Private - Sector Inspector General ". The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified/return receipt) or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the Grantee and mailed (certified /return receipt) of delivered to the address appearing on page one(1) of this Agreement shall constitute sufficient notice to either party. XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or 7 instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, 11 E). XVII. MISCELLANEOUS. A. Governing Law. The Grantee agrees to comply with all applicable federal , state and county laws, rules and regulations which are incorporated by reference or fully set forth. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall be Miami -Dade County, Florida. B. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. C. Counterpart. This Agreement is signed in 4 counterparts, and each counterpart shall constitute an original of this Agreement. D. Headings Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. E. Agreement Contact. The County's representative for this agreement is Beverly N. Mirman, D.P.A. The Grantee's representative for this agreement is F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as the method to claim eligible fringe benefit costs pursuant to Section 10 (D) (2) (c) of the Rules, such percentage shall not exceed _() %. This percentage shall be demonstrated to the reasonable satisfaction of the County. Documentation in support of this percentage shall be submitted to the Office for approval contemporaneously with the execution of this Agreement. G. Subcontracts. Any subcontracts written under the provisions of the Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County. H. Totality of Agreement / Severability of Provisions. This 14 page Agreement with its recitals on the first page of the agreement and with its attachments as 0 referenced below contain all the terms and conditions agreed upon by the parties: Attachment 1: Miami -Dade County Affidavits Exhibit(s) 1 through - : Approved Project(s) and Budget(s) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby is such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written.. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .0 Assistant( ounty Xttorney APPROVED AS TO FORM: -City Attorney ATTEST: Harvey Ruvin, Clerk y n -. As Deputy Clerk MIAMI-DADE COUNTY a political subdivision of the State of Florida R. Stierheim, County Manager CITY OF SOUTH MIAMI a municipal corporation in the State of Florida ity Executive Officer Attachment METRO -DADE BUSINESS ENTITY AFFIDAVITS 1, CHARLES D. SGURR , being first duly sworn state: The full legal name and business address of the person(s )or entity contracting or transacting business with Metro - Dade County are (Post Office addresses are not acceptable): 59- 6000431 F•dcral Emproya rdcnakedon Nwobcr (if Poor. SocW Saou"Nmabd) CITY OF SOUTH MIAMI Nam of EvLky, l°dividuaks). Pan—L or Corpomtion Do6a Eku;.s As (if =amt =.bout. kaw buck) 6130 SUNSET DRIVE SOUTH MTAMT FT. 33143 said Address City Swc Zip Code i. METRO -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and eazh stockholder who holds directly or indirectly five percent (5 0/.) or more of the corporation's stock. If the contract or business transaction is with a tttrst. the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses arc (Post Office addresses arc not acceptable). Full Legal Name Address Ownership n/a % 2. Thc full legal names and business address of any other individual (other than subcontractors. matcrialmeq, suppliers. laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the'eontrac or business transaction with Dade County are (Post Office addresses arc not acceptable). II. METRO -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending scot. 2.8 -1. Subsection (dx2)). The following information and attachments arc provided and are in compliance with all items in the aforementioned Section: I . Does your firm have a collective bargaining agreement with its employees? X Yes —No 2. Does your firm provide paid health care benefits for its employees? X Yes _ No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: 30_Males ��Females Asian: Males Females Black: 3 Males 14 Females American Indian: Males Females Hispanics: Males –z3— Fcmalcs Aleut (Eskimo): Males Females —23 : Males Females Maly Females Pape I oft GRANTS EXHIBIT OF SOUTH icrdsenr' oversight committee safe ne ghborhT26ar parks Miami Multi- Purpose District Ll drawings and construction of a multi - service recreation and community facility at Murray Park, including tot -lot. BUDGET ITEMS Fiscal Year 1998 -1999 Fiscal Year 1999 -2000 Fiscal Year 2000 -2001 TOTAL SNP AWARD PLANNING 0 0 701 v l DESIGN 0 125,000 —0511 125,000 PROJECT ADMINISTRATION 18A501 1 7,908 I 26,358 LAND /BLDG ACQUISITION 0 0 0 0 CONSTRUCTION 0 1 , 10 4, 50-01 071 1,104,800 0 0 701 0 01 1 0 —011 0 0 —01 0 0 0 0 0 0 0 0 0 �- 0 0 0 0 0 01 0 0� 0. 01 —0-11 0 0 0 -0-11 0] Construction Contingency 01 122,442 0 122,442 TOTAL CONSTRUCTION 0 ;._ . 1,227;242 D ;1,227;242 ART ALLOWANCE (Miami -Dade Only) 0, 0 0 0 FIXTURES, FURNITURE, EQUIPMENT 0 0 100,000 100,000 OTHER COSTS 0 0 701 0 0 0� __0_11 O1 0 0 0 0 0 0 1 0 —� 0 61 1 0 0 PROJECT CONTINGENCY 0 Oil 0 0 EXPENDITURE TOTALS 18,450 1 1,360,150 1 100,00011 1,478,600 Remarks C v To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM fDate: September 1, 2000 Agenda Item # if &'Oe Re: Comm. Mtg. September 5, 2000 New Times Newsrack Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF ELEVEN (11) NEWSRACK DEVICES BY NEW TIMES, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The following resolution is presented pursuant to Ordinance No. 12 -90 -1451, which requires the approval of the Mayor and City Commission for placement of newsracks within the City of South Miami. Ordinance 12 -90 -1451 establishes standards and an application process. Applicants must meet all of the required standards for color, placement, design, location and licensing for newsracks prior to approval by the City Commission. In July 2000, New Times submitted a complete application package for eleven locations within the City of South Miami. The applicant will do all the necessary field measurements before installing the newsracks in order to comply with all placement and installation standards pursuant to Ordinance 12 -90 -1451. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Proposed Newsrack Application Package by New Times City Manager's Report: New Times Newsracks Resolution (Consent Agenda) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF ELEVEN (11) NEWSRACK DEVICES BY NEW TIMES, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 1990, the City Commission adopted Ordinance No. 12 -90 -1451, which regulates the placement, design, location, and licensing of newsracks in the City of South Miami; and, WHEREAS, on July 10, 2000, a completed application package was submitted by New Times for the location of newsrack devices as described in the attached application; and, WHEREAS, the City Commission desires to approve installation of eleven newsrack devices at the locations that conform to the requirements of said Ordinance No. 12 -90 -1451. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Eleven locations for placement of newsrack devices at various locations within the City of South Miami, as contained in the application submitted by New Times, are hereby approved. Section 2. The newsrack devices shall be placed, installed, maintained, and licensed in accordance with the requirements of said Ordinance No. 12 -90 -1451. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY New Times Newsracks Resolution day of September 2000. APPROVED: MAYOR rT JAN -07 -2000 13:50 CITY OF SOUTH MIAMI BZCD P.10 NEWSRACK INSTALLATION CERTIFICATE OF COMPLIANCE - .- . - - - - -- OWNER /APPLICANT 2Z,t� PHONE�p��7� ADDRESS a- ibG ,d - /f? o f'�. 3 REPRESENTED BY Jelq4 PHONE " -.� !_7 ADDRESS NUMBER OF NEWSRACK(S) PROPOSED LOCATI (S) NAME OF NEWSPAPER OR PERIODICAL TYPE OR BRAND OF NEWSRACK (BE SPECIFIC) APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATION3, AS HERETO INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS BEEN EFFECTED PRIOR TO THE ISSUANCE OF SAID PERMIT AN ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THE CITY OF SOUTH MIAMI. _ AT WITNESS DATE RCVD. SIGNATUR nx, OFFICE USE ONLY Condition under uhich approved DATE FEE: APPROVED BY BUILDING & ZONING DATE CC No. ISSUED BY CITY MANAGER I TOTAL P.10 PO. sox 011591 Mimi. flandx 33101.1591 305 571 6900 Fu 305 5717617 To: City Of South Nliami Building Department Code Enforcement Division Att. David Struder From: Miami New Times Circulation Department Subject: News Racks permits Date: 07/0712000 Miami New Times Will install at the City Of South Miami TK 80 FM Sho- wrack., Mounted on a special pedestal with a fourteen inch square base plate,Three- ieghths of an inch Diameter galvanized lag bolt mounts,three- inch minimum imbedment , through four corners of pedestal base. your patiencei J MiamiNew Times Circulation Director f 1 i � i [ � �!f S W 6 ! GT• k� 0 vi O"J'C- 70 00 s \Aj 6NTIZAfJC6 (201,0— (20 L Moil, f m M2 I (J-0 LA 1-j l V7.1 C! oti?-, (A D SC,L LE - I ~ --10, :SCALG ONI.,1 Vor O•74M VIACL - DQ: . F -,, 6-)zo--u'n VV- A1Aj-tOA14-L L?Atj e- -7 7- 2 o r, v,/ 57 4VI5-. 6vlrAk/r� -71711 UML'r7 1-4 :5\,,/ 577 AVIF PIA LEGEND SCA,LE. 1,1-10 1 SCALE o":, I:or- MOA'SUVWmEx rS !;440WAJ 07wm PMIL�s Yoe- za-v'mw&jc< ONLY AVOIZ,-m5 OV QLACE OP.- 5 F 3 sv� 62 ST. m(Z --9645 �ae�;06 ?ArZV-A4i57TM N (--&4 5w 72 S-r - . LEGEN D I =10, orpm C'mu-S Voe- DR: 5.F SOVTII MBA -5(tl -7q Vi9l,�:VAL4-T PA e 57 Q4 VI r. SCALE t I 5CAUG #1 rA'XU aO,04 NrS f It-to 1V f -5(tl -7q Vi9l,�:VAL4-T PA e 57 Q4 VI r. SCALE t I 5CAUG #1 rA'XU aO,04 NrS f It-to i I I C�A►tga 6t= {Coo V-00 P-oO (f-nLiTy IOC SSSO SW -72 ST. - Si6A v LIEGE U) . SCASLS : I#= 10' SCALD ONLY :CpG M e°ASUQ.f M EaJrS sf o,,/#-j O T}Ir2 997?.I k.5 'r0e. er- rers'pict OfjLy A9094--SS O-r- 96;FIC O Jee QLACE M T 6'711 !n C!o Jc- 5 41945wiLr- N r c vA,-.. C.ou r\ d s\IVsoclr D P.. E. F -7 Sov%N MiaM *l LVOENP 64, at 14� Oyu 1 �affiomk:- 73, rl jjII F- 1 73, rl jjII F- youe CA K- �A Px, �/6 73, rl jjII F- Y J �� v6�i-r�jcE NI g N �mmz N 5w LEt-al Scxxx , V 3CALAF ON MA-Awd .& SHOti✓N ojWrX VV7 2iF�Gi•Jc _ ® J�tiW3RA�G� �,vnae�s o� IIr•�ra��ce VLACA I U '17 I N 3 N `.N i SvNSET' �Zq � • DR: E. F" l2 gourH J w 5 W SrI (=, Vi 3 N \ L 7 LS G,EN p SCAt.F . 10 =I o' SCALD ON&,y soe M OASUQrt M Ex?rs s+ao�✓� orxrT- 'es-��c.JCt or.�cy AflDCS-5 01: II6;rr -c N)ee V ACE 5ourK M/AW, 1 ow-ic. tA �o F s- r o EX � N p- � o, M2 Vi 3 N \ L 7 LS G,EN p SCAt.F . 10 =I o' SCALD ON&,y soe M OASUQrt M Ex?rs s+ao�✓� orxrT- 'es-��c.JCt or.�cy AflDCS-5 01: II6;rr -c N)ee V ACE 5ourK M/AW, J N N ..n 3 A g 58o s w 72 s *b r2 �u ® - 2 cn 4. N s�T S(�n► 1 � 17A 1=fl' Li 6+fi 0-- PQ uE fj- Stnl SS AV15 LIEGEN D SCALE : 1' =10" SCALE oN&.y :AoG M RSV Q.�r�► i�5 s+ao�u ormgrl?- Da i,-s woe. ���LsrJGf oN � y AflDR��3 C� Q£��2.a�Gt Qt.ACE DR: 5. F- �S So✓�t ,�]�AN.f 70' s-rrleol %,;tg-^l > V11 S6 8 AVV WALE W" ii 575 sue% 72 ST. 5CA4a OPJLy ,Ccl OTWM AAC& - At, Z-7A tO OV ii 575 sue% 72 ST. 5CA4a OPJLy ,Ccl OTWM AAC& AIC/ /1!1L Acordis of Arizona 3020 E. Camelback Rd, *200 Phoenix, AZ 05016 rb Rno— ini —ionn New Times Inc Attn: Michelle Anderson P.O. Box 2510 1201 E Jefferson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A COMPANY B COMPANY C COMPANY D THISISTOCERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOV H POLICY PERIOD INDICATED. NO TWIT HST ANOINGANYREOUIREMENT. TERMORCONOITIONOF ANY CONTR ACT OROTHERDOCLMENT WITHRESPECT TOWHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. 1 001 TYPEOr NSURANCE I POLICY NUMBER I P IC (MMRIOC WE I OLIO (MPMRIDORYY) LIMITS I GEERAL LIABLITY A X COMMERCIAL GENERAL LIABILITY AW022009 CLAIMS MADE FX I OCCUR OWNER'S R CONTRACTOR'S PROT AUTOMOBILE LIADLITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 6/30/00 1 6/30/01 OEWRAL AGGREGATE S PRODUCTS- COMP /OP AGO I PERSONAL L ADV INJURY I EACH OCCURRENCE f FIRE DAMAGE (Any one fire) i MED EXP (Any one person) i COMBINED SINGE LIMIT I I BODILY INJURY = (Per person) BODILY INJURY = (Per accident) PROPERTY DAMAGE is OTHER City of South Miami Florida and its officers, employees do representatives are named as Additional Insured as respects to news racks located in the City CITY OF SOUTH MIAMI Attn: David Struder Planning & Zonging Dept 6130 Sunset Drive South (Miami FL 33143 SHOULD ANY Or THE ABOVE DESORaaTD POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THOWar. THE ItaUNG COMPANY WILL ENDEAVOR TO MAL 3 0 DAYS WRIITTEN NOTICE TO THE amricATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Or ANY KING UPON THE I COMPANY. ITS AGENTS OR REPRESENT ATNES. 707e52000 GARAGE LIABILITY ANY AUTO _ AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY: i ............... EACH ACCIDENT i AGGREGATE f EXOESaLIABLrtY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE i AGGREGATE S = WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ REXCL I� PARTNERS /EXECUTIVE OFFICERS ARE: STATUTORY LIMITS ............... EACH ACCIDENT = DISEASE • POLICY LIMIT = DISEASE • EACH EMPLOYEE f OTHER City of South Miami Florida and its officers, employees do representatives are named as Additional Insured as respects to news racks located in the City CITY OF SOUTH MIAMI Attn: David Struder Planning & Zonging Dept 6130 Sunset Drive South (Miami FL 33143 SHOULD ANY Or THE ABOVE DESORaaTD POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THOWar. THE ItaUNG COMPANY WILL ENDEAVOR TO MAL 3 0 DAYS WRIITTEN NOTICE TO THE amricATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Or ANY KING UPON THE I COMPANY. ITS AGENTS OR REPRESENT ATNES. 707e52000 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTALLATION OF ELEVEN (11) NEWSRACK DEVICES BY NEW TIMES, PURSUANT TO ORDINANCE NO. 12 -90 -1451; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 1990, the City Commission adopted Ordinance No. 12 -90 -1451, which regulates the placement, design, location, and licensing of newsracks in the City of South Miami; and, WHEREAS, on July 10, 2000, a completed application package was submitted by New Times for the location of newsrack devices as described in the attached application; and, WHEREAS, the City Commission desires to approve installation of eleven newsrack devices at the locations that conform to the requirements of said Ordinance No. 12 -90 -1451. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Eleven locations for placement of newsrack devices at contained approved. various locations within the City of South Miami, as in the application submitted by New Times, are hereby Section 2. The newsrack devices shall be placed, installed, maintained, and licensed in accordance with the requirements of said Ordinance No. 12 -90 -1451. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY New Times Newsracks Resolution day of September 2000. APPROVED: MAYOR To: Honorable Mayor and City Commission Date: August 28, 2000 From: Charles D. Scurr Subject: Agenda Item # [ I City Manager u'" Commission Meeting 09 105 100 Miami -Dade Department of Human Services Grant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI - DADE COUNTY FOR THE ACCEPTANCE OF THE YOUTH CRIME TASK FORCE GRANT IN THE AMOUNT OF $25,000 FOR TILE PROVISION OF SOCIAL /CRIME PREVENTION SERVICES BEGINNING AUGUST 1, 2000 AND ENDING JULY 31, 2001. BACKGROUND AND ANALYSIS The City of South Miami has been awarded $25,000 for the provision of social /crime prevention services from August 1, 2000 to July 31, 2001. This award, along with the Grant received from the Department of Juvenile Justice will allow the City to enhance and augment greatly the existing PARE (Prevention through Academic and Recreational Excellence) Program. Some of the benefits for the community derived from the awards noted above are individual and family counseling through a qualified Master Counselor /Social Worker, expansion of the After Care Program at Murray Park, as well as the after school tutoring/instruction and mentoring at the After School House, the services of a full -time Education Specialist, Recreation Specialist, and the services of a part-time Humanities Specialist and three Education/Recreation Leaders. With the creation of these positions and the hiring of a PARE Program Director, also funded by these grants, we have been able to give the program the strength, means and impetus it requires to help our community help itself. It will provide an avenue and opportunity for our youth to express themselves in a positive manner thereby attaining a IeveI of self - growth and development and the self - confidence necessary to remain in school. Authorization to execute the grant contract is required to continue. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH INIIANII, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS 'WITH INIIANII -DADE COUNTY FOR THE ACCEPTANCE OF THE YOUTH CRIMME TASK FORCE GRANT IN THE AMOUNT OF 525,000 FOR THE PROVISION OF SOCIAL /CRIME PREVENTION SERVICES FOR FISCAL YEAR 2000 -2001. WHEREAS, the City of South Miami was awarded a Miami -Dade County Department of Human Services Grant in the amount of $25,000 for the provision of social /crime prevention services; and WHEREAS, Miami -Dade County, through its Department of Human Services Office administers the grant funds through annual contracts; and WHEREAS, the execution of the contracts will allow the City of South Miami to utilize grant funds to provide stated services; and WHEREAS, the Mayor and City Commission agree strongly with the Youth Crime Task Force objectives of providing programs that offer the opportunity for our youth to attain sufficient self- grov,1h, development and confidence to remain in school. NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is hereby authorized to execute the Miami - Dade County Department of Human Services Contract for the provision of social /crime prevention services. As required by Miami -Dade County guidelines, the Assistant City Manager is designated as the second individual who may execute this contract. Section 2. This resolution shall take effect immediately upon approval. THE FOREGOING RESOLUTION WAS OFFERED BY WHO MOVED ITS ADOPTION. THE MOTION WAS SECONDED BY PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2000. APPROVED: MAYOR Pate 2 of 2 Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Feliu: Commissioner Wiseombe: c CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manages- REQUEST: Date: 09 -01 -2000 67 , ^ Agenda Item # Iti Re: Comm. Mtg. 09/05/00 Purchase of Reader Printer for Records Section. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED FIFTEEN THOUSAND ONE HUNDRED NINETY TWO DOLLARS AND FIFTY CENTS FOR THE READER/PRINTER FOR THE PLANNING AND ZONING DEPARTMENT BY F.Y.I. IMAGES SYSTEMS SOLUTIONS GROUP FROM ACCOUNT NUMBER 01- 1620 - 524 -6430, ENTITLED EQUIPMENT OPERATING; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: This request is part of the continuing; effort by the Planning Department to better manage records and to make them easily accessible to the public. Last year the department purchased a Geographical Information System (GIS), which has enabled us to make available a wide range of city wide base information in electronic format to various other city departments and to the general public, beyond the Planning; Department needs. The department maintains microfilm/ microfiche records of all buildings within the City limits. Due to the antiquated method and lack of any equipment, providing the required services to the citizens, contractors, property owners and other City departments such as Code Enforcement, Police is a long and expensive process with extremely poor result. Record retrieval process for the old records requires simplification. Acquisition of a desktop microfilm reading and printing system with capability of network connection will offer the City with flexibility and the ability to provide superior on the spot customer service for a fraction of the cost. This system affords the City to retrieve records from both microfilm/ microfiche and digital formats, which is important since second part of our effort is to start digitizing documents rather than microfilming. The City is requesting the purchase of the system for an amount of $12,991, an Annual Service Agreement and a workstation especially designed for the reader and the printer for a total price of $15,192.50. A number of models and makes were researched. Based on the information collected and in speaking with users of some of the equipment, the recommended model appears to be the most suited for our needs and economically feasible. The recommended vendor has a Miami Dade General Services Contract # GS- 26F- 101613, which expires on September 30, 2001. This is a budgeted item and the purchase will be charged to account number 01- 1620 -524 -6430. The available balance on the account is $16,750. RECOMMENDATION: Approval. Attachments: Proposed Resolution Price Quotes 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY 7 ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED FIFTEEN 8 THOUSAND ONE HUNDRED NINETY TWO DOLLARS AND FIFTY 9 CENTS FOR THE PURCHASED OF A CANON MS 800 DIGITAL 10 MICROFILM READER/PRINTER FOR THE PLANNING AND ZONING 11 DEPARTMENT BY F.Y.I. IMAGES SYSTEMS SOLUTIONS GROUP FROM 12 ACCOUNT NUMBER 01 -1620 -524 -6430, ENTITLED EQUIPMENT 13 OPERATING; AND, PROVIDING FOR AN EFFECTIVE DATE. 14 15 16 WHEREAS, for purchase in excess of $5,000, requires City Commission 17 approval, and, 18 19 WHEREAS, the Planning Department has researched various imaging systems 20 available and concluded that Canon MS 800 Digital Microfilm Reader /Printer system 21 serves the City's need the best, and, 22 23 WHEREAS, the recommended is the most economical system of the ones 24 researched, and, 25 26 WHEREAS, the recommended equipment enables the City to integrate the system 27 with the City's network, and, 28 29 WHEREAS, the recommended vendor F.Y.I Image Systems Solutions Group 30 currently has a Miami Dade County GSA Contract # GS- 26F- 101613, which expires on 31 September 30, 2001. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 34 THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. The City Administration is authorized to disburse a sum not to exceed 37 $15,192.50 to the firm of F.Y.I Images for the purchase of a Cannon MS 800 Digital 38 Microfilm Reader/ Printer. 39 40 Section 2. The disbursement shall be charge to account Number 01- 1620 -524- 41 6430, entitled "Equipment Operating ". 42 43 Section 3. This resolution shall take effect immediately upon approval. 44 45 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED this 5`i' day of September, 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Robaina: Vice -Mayor Feliu: Commissioner Russell: Commissioner Bethel: CITY ATTORNEY Commissioner Wiscombe: klcomm itcnts\2000109 -05 -00 2 TA B L E 1 T E M (A,� F•Y.X. Image Group aU:J Y..c'i. (.V111ml Isoulev-1: 1. N,.Ittll • mile .400 • N:nap:ntu Nvch, ri. iyU(ii • Fit- nw:.uRI 9•10 (r)•i0 • 1 :us: d51 `>rR.hi2•i w A w.1p?..1+ ,Ytltt �t� i•t�1aw• 1:. -y. City of South Miami Bui lding & Zoning Department 1 --- w Attn: Lidia Fernandez Canon MS 800 Digital Reader Printer GSA Contract #GS- 26F -1016B Includes: • Microfiche Scanner 800 $7,820.00 • Reprint. 400 paper size (Letter/Legal/Ledgcr /Statement) $2,309.00 • Roll Fiche Carrier 200 $1,623.00 • Installation Kit L for .RFC 200 S 200.00 • MP 400 Cartridge (toner) 0 Micro Zoom Lens N/C • installation and On -site Training 51,039.00 . N/C TOTAL S12,991.00 Annual Service A reemcnt• $ 1,800.00 �..o- Annual Service Agreement includes: unlimited service calls, parts and labor, except for consumable items such as: ink rollers, paper, toner and glass part. This agreement will be Y effective 90 days after installation when the factory warranty expires. Options: • Framing kit for MS ii00 S 516.00 • Workstation 1V for MS 800 S 401.50 Additional Micro Zoom Lens $1,039.00 Lensing Options: Amount to Lease $1 991 oo 51.00 Purchase Option Zero Advance Payment 36 1�4onths Lcase $418.31 48 Months Lease S326.07 60 Months Lease $271.52 The above leave figures do not include sales tax (if applicable) or annuat service agrcemear. The above prices are based on GSA Contract # G,5-26F-1016B which expires on September 30, .200X. if you have any questions regarding this information or if we can help you in any way, please call us at (305) 948 -6735 ext. 3312. T nk y' u, frrcra eor Account Manager 1ec%• facccy • Ncc� 1'.ni: • Ycnaa}•lv.u,ia • I)�:I1NJfl' ••hlaryl•mcl • \'ir};iuia • u'a.hin}KUn. I.1 t' • FL�rit.•t • (:uqueclirur • A'.a�.��•Lu :aa+ • 1X�u >hi ^�t�u .'Y I BELLTHOWELL litme, Daumcnt Manaccmcni Pcoplc Quotation TAB L E ! -F 1E M (g) Date: 6 -7 -2000 Job Number. TO: CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FI 33143 l 305- 668 -3865 305 - 666 -4591 Fax Attn: LYDIA FERNANDEZ Bell & Howell Document Management Products Company 2615 County Road 762 - Webster, FL 33597 - 352.793.6502 - fax 352.793.4069 www.ImagingExperts.com 110 ITEM NO. QTY 1 DESCRIPTION UNIT UNIT PRICE TOTAL SYSTEM 2 BELL & HOWELL 3000D UNIVERSAL FILM SCANNER GSA PRINING CONTRACT # GS- OOF -6701A 109202 125007 124161 125550 125580 1.00 1.00 1.00 1.00 1.00 3000D Universal Film Scanner Each Universal Carrier UC -2 Each Lens Ring Adapter Each Prism Each 13X - 27X Zoom Lens Each 14,395.00 2,930.00 24.00 236.00 781.00 14,395.00 2,930.00 24.00 236.00 781,00 SYSTEM TOTAL 18,366.00 SUPPLIES Laser Printer Toner Cartridge Each 240.00 MAINTENANCE S167.00 Per Month Billed Annuall f Quotation Valid In Accordance with GSA Contract Equipment Includes 90 Day Warranty Subtotal Tax rate: % Tax Total Bell & Howell Document Management Products Company 2615 County Road 762 - Webster, FL 33597 - 352.793.6502 - fax 352.793.4069 www.ImagingExperts.com 110 PROPOSED SYSTEM COST MINOLTA MICRODAX 3000 SYSTEM: U 31Y,'41.UU 816 -311 MS 3000 Scanner S1,229.10 9986 -3864- MS 3000 Software & Cable IMAX S2,230.20 13 9986 - 0114 - HcroDAX 3000 BIAX 700 Processing 02 Board 1354 =612 Universal Carrier UC -2 9986 -7893 PageWorks 25 Laser Printer (Up to 11 "X1T' Prints 3084 -100 Prism Lens for Automatic Rotation 1390 -210 Zoom Lens 19 -1 XX 999 -089 — System Trainin 4 persons for 4 Hours 999 -079 System Delivery & Installation 9986 -5050- MS 3000 Scanner Workstation 50 Totals U 31Y,'41.UU 59,547.00 51,229.10 S1,229.10 52,230.20 S2,230.20 S1,260.001 51,260.00 $900.90 Included Included $268.45 518.300.00 $900.90 Included Included $268.45 StR-3nn nn r CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Mayor and City. Commission Date: September 5, 200 0 Charles D. Scurr, City Manager Ronetta Taylor, City Clerk From: Earl G. Gallop Re: Vacation of Right -of -Way at S.W. 64`" Place Subject: The proposed ordinance vacates the irregular shaped portion of the right -of- way at S.W. 64`h place. The sponsor is Commissioner Russell. Discussion: Abandoning the portion of the right -of -way would be in the public interest because: (1) it is not essential to the public good; (2) it will eliminate municipal responsibility for maintaining the property; (3) it will eliminate potential liability; and, (4) it will return the property to the ad valorem tax roll. A copy of a survey map of the right -of- way to be vacated is attached to the ordinance. The city, through the good offices of Commissioner Russell, has worked out a procedure for vacating the right -of -way in a manner that best assures that title to portions of the vacated right -of -way will vest in Mr. Christopher Cooke - Yarborough and Mr. Nelson Pinero. Messrs. Cooke- Yarborough and Pinero have agreed to divide the property between them. Following approval of the abandonment, they will prepare a survey for the portions of the property they will receive, and exchange quit- claim deeds which will convey any interest they have in the property of the other party. Messrs. Cooke - Yarborough and Pinero will be responsible for the cost of the survey, preparation and recording of the quit -claim deeds, and the required publications of notice of hearing and adoption of the ordinance. Recommendation: Approve the proposed ordinance. Cc: Mr. Christopher Cooke - Yarborough Mr. Nelson Pinero 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; ABANDONING A PORTION OF THE RIGHT - OF -WAY AT S.W. 64TH PLACE; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami has the power pursuant to art. VIII, § 2(b) of the Constitution of the State of Florida and § 166.021, Florida Statutes, to abandon all of, or portions of, municipal rights -of -way and to renounce or disclaim any property right of the City and the public in the abandoned rights - of -way; and, WHEREAS, the developer of the MERION PARK MANOR, FIRST ADDITION, according to the Plat thereof filed for record in Plat Book 63 at Page 24 of the Public Records of Miami -Dade County, Florida, dedicated to the City of South Miami the right - of -way for S.W. W Place and the dedicated right -of -way includes a parcel that is adjacent to a curve in the road, which is legally described below; and, WHEREAS, the owners of property that abut the parcel, Mr. Christopher Cooke - Yarborough and Mr. Nelson Pinero, have requested the City to abandon a portion of the S.W. 64th Place right -of -way, as described and depicted on the survey, sketch annexed to this ordinance as Appendix 1; and, WHEREAS, Mr. Cooke - Yarborough and Mr. Pinero have agreed to divide the property between them and to exchange quit claim deeds releasing any interest they have in the portion of the abandoned right -of -way that shall be owned and possessed by the other party by operation of the law; and, WHEREAS, the Mayor and the City Commission find that abandoning the described portion of the right -of -way would be in the public interest because: (1) that portion of the right -of -way is not essential to the public good; (2) it will eliminate municipal responsibility for maintaining the property; (3) it will eliminate potential municipal liability for personal injury and /or property damage occurring on the property; and, (4) it will return the property to the ad valorem tax roll. Additions shown by underlining and deletions shown by evefstriking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The portion of the right -of -way depicted on the survey sketch annexed to this ordinance as Appendix 1 as "Portion of Right -of -Way to be Closed" and legally described as follows: A portion of SW 64'}' Place, MERION PARK MANOR FIRST ADDITION, according to the plat thereof as recorded in Plat Book 63, at Page 24, of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the SE Corner of said plat of MERION PARK MANOR FIRST ADDITION; thence N 89 °56'04" W along the South boundary line of said plat for a distance of 83.54 feet; thence N 0 °33'04" W for a distance of 0.53 feet to a point on a curve (said point bears S 28 °39'30" E from the radius point of the next described curve); thence Northeasterly along a circular curve concave to the Northwest having a radius of 150 feet and a central angle of 45 °32'39" for an arc distance of 119.23 feet; thence S 89 °54'12" E for a distance of 10.81 feet to a point on the East boundary line of the aforementioned plat; thence S 00 °12'28" E along the East boundary line of said plat of MERION PARK MANOR FIRST ADDITION for a distance of 91.40 feet to the Point of Beginning. is abandoned, renounced and disclaimed by the City of South Miami and title shall transfer to Mr. Christopher Cooke - Yarborough and Mr. Nelson Pinero, who shall divide the property between them. Section 2. Notice of the adoption of this ordinance by the City Commission shall be published within 30 days -of its adoption, in an issue of a newspaper of general circulation in Miami -Dade County, Florida. Proof of publication of notice of public hearing, this ordinance, and proof of publication of the notice of adoption of this ordinance shall be recorded by the Clerk in the Public Records of Miami -Dade County, Florida at the expense of Messieurs Cooke - Yarborough and Pinero. Section 3. A .certified copy of this ordinance and proof of publication shall be given by the City Clerk to the Miami -Dade County Property Appraiser. Section 4.. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Additions shown by underlining and deletions shown by ef4r-9d*g- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 5. This ordinance. shall take effect following its recording in the Public Records of Miami -Dade County, Florida. PASSED AND ADOPTED. this day of September, 2000. ATTEST: CITY CLERK I" Reading — 2 °d Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY Mell_61000ocumentsTity of South Miami10022 -00116276.doc MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by evef-str-il - 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f /k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9 /5/00 ORD. RELATING TO RIGHTS -OF- WAY, ETC. In the ........... XXXXXXX .................. Court, was published in said newspaper In the issues of Aug 25, 2000 Affiant further says that the said Miami Dally 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 mall matter at the post office in Miami in said Miami -Dade County, da, for a period of one year next preceding the first p "ca on of the attached copy of advertisement; and attfa furl r says that she has neither paid nor promised any rso , firm or corporation any discount, rebate, com- mis on refund toAthe purpose of securing this advertise• ;en. f publicatio the said newspa r. Sw Vand ribed bef re me this 5 A 2000 day of .. ... ......... (SEAL) j , ; - ".,. MARIA 1. Mc A Sookie fe p �son��l Qi4o�v`rr�o'tr eCC 885040 i�•. rys's: XPIRES: March 4, 2C04 : � h;.•' bonded Thor Notarl Public Underwn:ars s v CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting Tuesday, September 5, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; ABANDONING A PORTION OF THE RIGHTS -OF -WAY AT S.W. 64TH PLACE; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC- TIVE DATE (1 st Reading - August 15, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREE- MENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSO- LUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTH- ERN PORTION OF 5890 SW 69Th STREET; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. (1st Reading - August 15, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE, LTD, FOR CONSTRUCTION AND OPERA- TION OF A MULTI -USE PARKING GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILI- TY, ORDINANCES IN CONFLICT, AND PROVIDING AN EF- FECTIVE DATE. (1st Reading - February 15, 2000) (deferred from July 18th and August 15th) Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during regular office hours. Inquiries concerning these items should be directed to the City Manag- er's office at: 305.663.6338. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board. Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 8125 00- 3.76l84512M • r , Excellence, IMtegrity, Inclusion MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Date: July 18, 2000 F� Agenda Item 9 Re: Second Reading: Lease Agreement with SPG Phase One, Ltd., for a Mixed Use /Joint Development Parking Garage AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTII MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE, LTD., FOR CONSTRUCTION AND OPERATION OF A MULTI -USE PARKING GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND EFFECTIVE DATE. BACKGROUND & ANALYSIS Project History - The City of South Miami issued the Request for Proposals in June 1997 for the municipal parking lot located at SW 73`d Street and SW 58`x' Avenue. In September 1997, the City Commission awarded the proposed project for the design, construction, leasing and management of the mixed -use development and parking garage to SPG Phase One. The initial project was for a mixed -use parking garage that included the following: • Area — Only the City of South Miami Parking Lot, not including the Richman Property; • Parking Spaces ♦ Total Spaces — 257 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 58* (* Includes shared parking credit, does not include Metrorail credit) ♦ Net New Parking Available 100% - 126 ♦ Net New Parking Available Nights & Weekends —133 • Mixed Uses ♦ Retail - 15,000 SF ♦ Office - 8,000 SF ♦ Residential - 0 Units This project has experienced a series of changes, evolutions and delays. To date SPG, has advanced six evolutions of the project for consideration by the City. The first evolution occurred shortly after the initial RFP. SPG ex anded the scope of the project to include the property at the corner of 73`d Street and 58" Court. This property, owned by Mark Richman, is referred to as the Richman property. In March 1999, the City Commission approved a Resolution accepting a Proposed Framework for a Lease Agreement that included the Richman property. It is our understanding that the agreement between SPG and Richman was never finalized. On September 7, 1999, a Lease Agreement that no longer included the Richman property was presented to the Commission and approved on first reading. At the City's suggestion, SPG & Richman resumed discussions. On October 1S` and 14 "i, SPG presented an enhanced project that once again included the Richman property. That project included the following: • Area — The City of South Miami Parking Lot and the Richman Property; • Parking Spaces ♦ Total Spaces — 493 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 95* ♦ Net New Parking Available 100% - 325 ♦ Net New Parking Available Nights & Weekends — 350 • Mixed Uses ♦ Retail - 31,300 SF ♦ Office - 8,000 SF ♦ Residential - 0 Units On November 11, 1999, SPG advised the City that the project, as proposed, was not financially feasible and that, as soon as the financial implications of the market conditions were fully analyzed, that a modified project would be submitted. In December 1999, SPG submitted their "final" project. That project, which is the subject of this lease agreement, includes the following: • Area — The City of South Miami Parking Lot and the Richman property; • Parking Spaces ♦ Total Spaces — 336 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 169* ♦ Net New Parking Available 100% - 94 ♦ Net New Parking Available Nights & Weekends — 204 • Mixed Uses ♦ Retail @ 29,530 SF ♦ Office @ 35,000 SF ♦ Residential @ 0 Units The geometry of the final project includes the following: • Ground Level — Retail • Second Level— 100% Parking • Third & Fourth Level — 50% Office; 50% Parking • Roof — 100% Parking The height of the building is approximately 54 feet. The allowable height in the Hometown District is 56 feet. The project, as expected in a garage facility, will include maximum lot coverage. This project was presented to the Planning Board on May 30, 2000 for consideration of the Zoning items. The Planning Board recommended denial of the requests for Special Exceptions. The developer has recently agreed to provide sufficient structural supports so that an additional two levels of parking could be added at a future date. The cost of the additional support structures would be amortized as a rent credit over a 10 year period. Each level would add 111 additional parking spaces for a total of 222 new spaces. The overall parking calculations, should the levels be added in the future, would be: • Parking Spaces ♦ Total Spaces — 558 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 169* ♦ Net New Parking Available 100% - 316 ♦ Net New Parking Available Nights & Weekends — 426 It must be noted, however, that the additional levels would require a height variance and there is no assurance that such a variance would be granted. Additionally, no funding is identified or currently available for these added levels. Financial Considerations Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the framework of the Lease agreement (Attachment A). The financials for the final project have changed as the concept for the project has evolved. The major financial parameters are: • Minimum Rent — The concept of minimum rent was designed to compensate the City for lost revenue from the existing 73 spaces in the City lot. In the final project, minimum rent has been replaced with the provision of "replacement" parking. The second floor of the final project will be metered parking. The City of South Miami will retain 73 metered spaces and derive all revenue from those spaces. The City will determine rates, hours of operation, etc., for those spaces. The City will also continue to enforce (e.g. ticket) on the entire 2" d level and retain its normal revenue from this activity. This financial arrangement is beneficial to the City over the long term in that the minimum rent can now escalate over time as parking rates increase. The initial revenue from parking meters is estimated at approximately $100,000. The final agreement does not include any cash rental payment to the City during construction. This is non - standard for a lease of this type. In lieu of cash, SPG will provide, to the best of their ability, office space for City use during construction, and the provision of 200 SF of permanent office space on the ground floor of the project. • Percentage Rent — Percentage rent is designed to compensate the City as the owner of the land. The final project includes a two -tier percentage payment. The City will receive 2.5% of adjusted gross revenues up to $1,400,000; and 7.0% of the adjusted gross revenues above $1,400,000. The two -tier payment will be beneficial to the City over the long term as inflation and increased demand for space increase. The initial revenue is estimated at approximately $32,000. • Ad Valorem Taxes & Other Revenues — The project has undergone a number of conceptual approaches to tax revenues, supplemental rent and other revenue. The final project, with an estimated value of $8,000,000, and the City's current ad valorem tax rate of 6.373 mills, will generate approximately $50,000 annually. The City will also receive an estimated $5,000 annually from Occupational License Fees and approximately $50,000 annually from parking meter enforcement. Source Amount Parking Meters $100,000 Percentage Rent 30,000 Ad Valorem Taxes 50,000 Occupational Licenses 5,000 Parking Enforcement 50,000 Sum $235,000 The current revenues from the surface lot are approximately $76,000 from parking revenues and $50,000 from parking fines. • Cost of Additional Foundations — SPG will design and construct the foundation system of the building to allow two additional levels of parking that could be added to the building in the future. The additional costs associated with the design and construction shall be amortized over 10 years and deducted from the rent. Hometown Plan and Parking Considerations The Hometown Plan envisions vibrant mixed uses downtown. The "final project" is superior to the original project in terms of a pure hometown plan development. It is a development as envisioned by the Fometown Plan in that it includes three uses: retail, office and parking. The synergy between these three uses is particularly important in that the office use provides patrons for the retail uses during the week and also provides surplus parking for retail uses on nights and weekends. The addition of the office component also adds to the value of the project and the ad valorem and occupational license revenue received by the City. The analysis of the final project in comparison to the original project in terms of parking is more complex. This site has always been contemplated to provide surplus parking for other downtown hometown projects (i.e. Net new parking available 100 %) as well as provide additional parking to support downtown merchants (i.e. Net New Parking Available Nights and Weekends). The "original" project of September 1997 included a total of 257 spaces. After deducting the City replacement parking (73 spaces) and code required parking; (58), the Net New Parking Available 100% was 126 spaces and the Net New Spaces Available Nights and Weekends was 13' ) spaces. As the project evolved, the optimal project from a parking standpoint was the October 1999 project. This project included 493 total spaces, with a net gain of 284 spaces 100% of the time and 316 spaces available on nights and weekends. This project is no longer under consideration because it was withdrawn by SPG in November 1999 after they concluded that, based on market conditions, it was not financially feasible. The "final project" includes a total of 336 spaces. The Net New Parking Available 100% is 94 spaces and the Net New Parking Available Nights and Weekends is 204 spaces. The project is, therefore, slightly less advantageous from a development perspective and more advantageous from a night and weekend retail parking perspective. The developer has recently agreed to provide the structural /foundation supports for the possible future addition of two floors of parking. This would result in 508 total spaces. The Net New Parking Available 100% would be 316 and the Net New Parking Available Nights and Weekends would be 426. This is more advantageous than either the original or final proposal. It must be noted, however, that the additional levels would require a height variance and there is no assurance that such a variance would be granted. Additionally, no funding is identified or currently available for these added floors. Project Total Net 100% Net Nights and Weekends Original 257 126 133 Final 332 91 203 Final Plus 2 Levels 508 316 426 One additional factor should be noted. The City has been in discussion for some time with the Simon Property Group regarding a mixed use joint development on the City Parking Lot on 71" Street and the "Tire Kingdom" property next door. While that project is not advancing, one of the earlier iterations included a freestanding parking garage solely on the City site. This site could yield 236 spaces if used solely as a parking garage. The current surface parking yields 45 spaces. This item is noted because it does have ramifications regarding the potential future availability of parking in the Central Business District to support both retail and development needs. The potential net new parking available in the CBD on City owned property, including a 71" Street garage and two additional floors on 73", Street, would be 413 spaces. This would meet the City's infrastructure needs for the foreseeable future. Once again, it must be stressed that this new parking would be contingent upon future funding availability and, in the case of the 73`d Street facility, the granting of a height variance. There is no assurance that funding would be available or that the height variance would be granted. The approval of this project, with a lower amount of Net New Parking Available 100 %, will accelerate the timeframe in which additional parking facilities may be required in the CBD. Within the next 5 years surplus parking to support smaller developments will be exhausted. The City will then be required to: (a) not allow additional small developments; (b) provide relief from parking requirements; (c) acquire and /or build additional surface and /or structured parking as discussed above; or (d) utilize whatever surplus parking, if any, may be available from new mid -size or larger developments. It should also be noted, that in any future scenario, mid -size and large projects will be required to provide most required parking on site. This is physically possible but will require increased lot coverage allowances. SUMMARY The final project and lease agreement is the result of literally years of effort. There have been many challenges to overcome throughout the process. The final lease agreement is the product of intense negotiation. The final product is not optimal from either parties vantage point, but is acceptable. ATTACHMENTS Three documents are attached: • Attachment A: Lease Summary prepared by The City Attorney's Office. • Attachment B: The Lease Agreement. • Attachment C: A supplemental memo from the City Attorney's Office. 1 2 3 4 5 6 ORDINANCE NO. 7 8 9 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS 11 APPROVING THE GROUND LEASE AGREEMENT BETWEEN TIIE 1.2 CITY OF SOUTH MIAMI AND SPG PHASE ONE, LTD., FOR A MIXED 13 USE /JOINT DEVELOPMENT PARKING GARAGE ON THE 14 MUNICIPAL PARKING LOT BOUNDED BY SW 731i" STREET ON THE 1.5 SOUTH, SW 58""' AVENUE ON THE EAST, SE 58""' COURT ON THE 16 WEST AND AN ALLEYWAY ON THE NORTH; PROVIDING FOR 17 TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN 18 CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. 19 20 21 WHEREAS, the City of South Miami issued a Request for Proposals for the design, 22 construction, leasing and management of the mixed -use development parking garage for the 23 municipal parking lot located at SW 73`d Street and SW 58'x' Avenue in June 1997; and 24 25 26 WHEREAS, the City accepted the proposal by SPG Phase One, Ltd., for negotiating 27 purposes in September 1997; and 28 29 30 WHEREAS, the terms and conditions of the Lease Agreement have been finalized; 31 32 33 NOW, THEREFORE, BE IT ORDAINED BY TIIE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. The Lease Agreement between the City and SPG Phase One Limited is 37 approved; 38 39 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 40 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 41 affect the validity of the remaining portions of this ordinance. 42 43 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 44 ordinance are repealed. Additions shown by underlining and deletions shown by oN,erstj- ;R; g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 1.6 17 18 1.9 20 21 22 23 24 25 Section 4. This ordinance shall take effect immediately upon the approval. PASSED AND ADOPTED this _ day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR I" Reading — 2 "d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by everst+tking: 1. Tenant: 2. Landlord: 3. Guarantor: 4. Demised Premises: Attachment A August 15, 2000 LEASE SUMMARY SPG Phase One, Ltd., a Florida limited partnership City of South Miami None. (a) The municipal parking lot located at S.W. 73`d Street, S.W. 581h Avenue, and S.W. 58`h Court together with the air rights over the Mark Richmond Property (MRP) located at the corner of S.W. 73`d Street and S.W. 58`h Court, in the City of South Miami. (b) Permitted use: mixed use retail, office and parking garage building. 5. Term: (a) The term of the Lease will be for fifty (50) years (Section 4.1). (b) Lease Start Date: The date the commencement of construction notice is filed. Notice of commencement of construction must be filed within ninety (90) days of the Permit Date (Section 9.2). Tenant must prepare all working drawings and submit all permit applications within six months (Section 8.4). (c) No option to renew and extend. (d) Lease Termination Events: (i) if Tenant fails to commence construction on the Project within ninety (90) days of the Permit Date (Section 9.2.1); (ii) at Tenant's option, if casualty destroys the improvements during the last five (5) years of the term of the Lease and the estimated cost for repair and restoration exceeds five hundred thousand dollars ($500,000.00) (Section 21.5); (iii) upon a taking of the demised premises (Section 13); (iv) after an Event of Default, notice and failure to cure (Section 12); (v) at Tenant's option, if the City is unable to resolve the alleyway claim. If the Lease is terminated under this section, the City would be responsible for reimbursing SPG for those reasonable costs associated with the Lease (Section 7.3); Page 1 of 5 (vi) if Tenant does not prepare all working drawings and submit all applications for all permits required for commencement of construction within six months or if Tenant fails to diligently pursue the issuance of the Permits (Section 8.4). 6. Rent and Other Charges: (a) Minimum Rent - $6,333.00 per calendar month if completion of construction exceeds twelve months and forty-five days after the Permit Date. The Minimum Rent payments shall continue until the parking structure has been issued a certificate of occupancy or a temporary certificate of occupancy (Section 5.3); (b) Participation Rent — 2.5% of gross income up to $1,400,000.00. 7% of the gross income which exceeds $1,400,000.00. The Participation Rent is payable on May 5, August 5, November 5, and February 5 of each Lease year (Sections 5.2.1 and 6.1); (c) Basis of the Participation Rent — Section 5.2.2 defines "Gross Income" as all monies derived from parking revenue and subtenant rental income actually received by Tenant less standard tenant pass through expenses, interest, subtenant deposits, proceeds from refinancing or transfer of leasehold interest, less cash or cash equivalent reserves, sales tax collected from subtenant, security deposits, and casualty loss reimbursements by insurers or proceeds from condemnation or settlements. (d) Deposit: None. (e) Other Charges: (i) taxes and impositions; (ii) penalty rent: failure of Tenant to pay any rent when due (after written notice) shall accrue interest at the interest rate of twelve percent (12 %) (Section 12.1); (iii) transfer fee: upon Tenant's transfer of its leasehold interest, Tenant shall pay landlord a transfer fee of 2.5% of the net profits of the first $1,400,000.00 of proceeds received by Tenant and 7% of the net profits which exceed $1,400,000.00 (Section 22.5). 7. Miscellaneous: (a) The Lease will be recorded in the public records. (b) Ownership of the Building: SPG will deed the parking structure including the air rights over the MRP property to the City on or before the end of the lease term (Section 20). Page 2 of 5 (c) In lieu of Minimum Rent, the City shall retain ownership over 73 metered spaces and receive the revenues from those spaces (Section 5.1.1); (d) Landlord Approval for Material Changes: Any changes which alter the cost of the project by more than five percent or alter the intended use of the project must be reviewed and approved by the Landlord (Section 8.3.4); (e) Change after Receipt of Permits: If the City initiates a change in the plans after Tenant has received its Permits, the City agrees to reimburse SPG those costs associated with modifying the plans and obtaining additional Permits. To the extent that the change causes SPG to exceed its construction schedule, the City would be responsible for the Default Rent of $8,500 per month due to Mr. Richmond until the certificate of completion for the exterior of the building is received (Section 8.5); (f) Holiday Season Construction: SPG shall not engage in any construction activities between Thanksgiving Day and December 26 of any year that materially impact neighboring retail shops by severely impeding traffic flows on 73`d Street, 58`h Avenue or 581h Court (Section 9.8); (g) Financing: SPG shall procure a construction loan from an institutional lender which provides such loans in the ordinary course of business (Section 9.1.7); (h) Tenant may mortgage and remortgage its leasehold interest provided that any financing secured by a mortgage is paid off before the 48`h year of the Lease. Tenant may not cross collateralize the Project for purposes of providing additional security to obtain financing for any asset other than the Project (Section 11.1); (i) Lender's Remedies: SPG's lender shall have the right to foreclose on tenant's interest and transfer the leasehold interest to a third party. In the event the City does not approve the transfer, the City shall either assume responsibility for the operation of the building and repay of the balance of the loan or purchase lender's interest in the remaining leasehold term. The purchase price shall be the amount set forth in the foreclosure judgment obtained by the Lender (Section 11.8); 0) Use and Care: SPG shall use the Parking Structure for general office use, retail use and as a rental parking facility. (Sections 14 and 19) SPG shall not permit any other use without first receiving Landlord's advance written consent. (k) Repair and Maintenance: SPG shall (except the City's parking meters on the second level) repair and maintain the parking structure (Section 15); (1) Right to Transfer Leasehold: SPG or any Successor Tenant may sell, assign or convey their leasehold interest if the City Commission is satisfied after its due diligence that the proposed successor has the financial strength, experience, capability Page 3 of 5 and moral character to comply with the lease (Section 22.1). Mark Richmond shall have a right of first refusal to any conveyance of SPG's leasehold interest (Section 22.6); (m) Insurance: The insurance companies providing insurance coverage shall have a best rating of B+ or equivalent (Section 23.3.4). SPG shall at its sole cost maintain the following coverage: Commercial General Liability Umbrella Liability Physical Property Damage Insurance - Builder's Risk (during construction) - Business Interruption One million per occurrence Three million dollars 100% replacement cost one hundred percent (100 %) replacement value not less than six months of revenue for the parking structure (n) Security: SPG shall provide the City with a payment and performance bond with a good and sufficient surety, naming the City as an obligee in a commercially acceptable form (Section 9.5); (o) Signage: Signage on the facility shall comply with the applicable codes of the City and any other jurisdiction having authority. The City shall be responsible for providing way finding signs (not on the facility or land but in the vicinity of the facility) (Sections 19.3 and 19.4); (n) Municipal Space: SPG shall dedicate approximately 200 square feet of space on the first floor to be used by Landlord for police purposes or for administrative or uses that relate to municipal parking (Section 5.1.2); (o) Night and Weekend Parking: The non - metered parking spaces shall be made available for evening and weekend parking. (Section 19.1) SPG has also agreed to make available, under conditions and limitations to be agreed on, the non- metered parking for special events. The City reserves the right to set parking rates for a night and weekend parking or special event parking (Section 19.5); (p) Foundations: SPG shall design and construct the foundation system of the building to allow two additional levels of parking to be added to the Project in the future. The additional costs associated with the design and construction shall be amortized over ten years and deducted from the Percentage Rent (Section 9.9); (q) Airspace Reversion Rights: The airspace reverts back to MRP if, after completion of the building, there is a destruction of the Project and neither the Tenant nor the City elect to cause the shell of the new MRP building to be rebuilt (Section 33); Page 4 of 5 (r) Reconstruction Rights: In the event the MRP building is demolished and the Project is not constructed, MRP retains the right to reconstruct a building having the same square footage, footprint and available parking spaces as the former structure (Section 34). Page 5 of 5 Attachment B August 15, 2000 LEASE AGREEMENT between CITY OF SOUTH MIAMI, as Landlord and SPG PHASE ONE, LTD., as Tenant August TABLE OF CONTENTS Page 1. Recitals ............................ ..............................1 2. Definitions ................. ............................... .....1 3. Lease of Land .................... ............................... 7 3.1. Lease of Land ................ ............................... 7 3.2. Airspace Termination ......................................... 7 4. Term . ............................. ..............................7 4.1. Original Term ................ ............................... 7 5. Parking Meters, Percentage Rent and Minimum Rent ...................... 7 5.1. Second Level Parking Revenue; Municipal Space .................. 7 5.1.1 Second Level Parking Revenue ........................... 7 5.1.2 Municipal Space ........ ............................... 8 5.2. Lease Year Percentage Rent .... ............................... 8 5.2.1. Percentage Rent ........ ............................... 8 5.2.2. Definitions ............ ............................... 8 5.2.3. Limitation on Payment Obligation ........................ 9 5.3. Minimum Rent ............. ............................... 10 6. Payment .............. ........... .............................10 6.1. Percentage Rent ............. ............................... 10 6.1.1. Payment of Percentage Rent ............................ 10 6.1.2. Annual Statement ...... ............................... 10 6.1.3. Audit by Landlord ..... ............................... 10 6.1.4. Maintenance of Books and Records ....................... 11 6.1.5. Waiver .............. ............................... 11 6.2. Delivery of Payment ......... ............................... 11 6.3. Delinquency ..... ............ .............................11 7. 0 Title; Delivery of Possession ......... ............................... 11 7.1. Covenants of Title ........... ............................... 11 7.2. Environmental Condition ..... .............................. 12 7.3. Alleyway Considerations ...... ............................... 12 7.4. Possession ........... ............................... ....13 7.5. Title Requirements ........... ............................... 13 Zoning, Development of Land and Pre - Construction Activity .............. 13 8.1. Development Rights ............. .............................13 8.1.1. Parking Structure ...... ............................... 13 8.1.2. New MRP Building .... ............................... 13 8.2. Plans and Schedules .......... ............................... 13 8.3. Landlord Approval ........... ............................... 14 8.3.1. Schematics and Preliminary Specifications ................. 14 8.3.2. Design Development Drawings .......................... 14 8.3.3. Conform with AIA and BOMA Method ................... 14 8.3.4. Approval for Subsequent Material Changes ................ 14 8.3.5. Procedure for Approvals ............................... 14 8.4. Permits ...................... .............................14 8.5. Change After Receipt of Permits ............................... 15 8.6. As -Built Drawings ........... ............................... 15 8.7. Designation of Landlord Representative ......................... 15 8.7.1. Approve Documents ... ............................... 15 8.7.2. Consent to Actions ..... ............................... 15 8.7.3. Make Appointments .... ............................... 15 8.7.4. Change of Representative .............................. 15 Construction of Project ............. ............................... 16 9.1. Conditions Precedent to Commencement of Construction ........... 16 9.1.1. Unavoidable Delays .... ............................... 16 9.1.2. Article 7 of MRP Agreement ............................ 16 9.1.3. Title Requirements of Paragraph 7.5 ...................... 16 9.1.4. Environmental Conditions of Paragraph 7.2 ................ 16 9.1.5. Representations and Warranties of Landlord ................ 16 9.1.6. Permits .............. ............................... 16 9.1.7. Tenant's Financing .................................... 16 -ii- 9.1.8. Title Insurance ........ ............................... 16 9.1.9. Declaration ........... ............................... 16 9.2. Commencement of Construction ............................... 16 9.2.1. Delay of Commencement of Construction ................. 16 9.3. Performance ............................................... 17 9.4. Completion of Construction .... ............................... 17 9.5. Construction Period Indemnification and Security ................. 17 9.6. Subsurface Conditions ........ ............................... 17 9.7. Project Amenities ........ ............................... .. 17 9.8. Holiday Season Construction ... ............................... 18 9.9. Foundation ................... .............................18 10. Tax Treatment ...................... .............................18 10.1 Tax Benefits .................. .............................18 10.2 Tax Protests ................ ............................... 18 11. Leasehold Mortgage .................. .............................19 11.1. Tenant Right to Encumber Leasehold ........................... 19 11.2. Lender, Leasehold Mortgage ... ............................... 19 11.3. Lender's Rights Upon Tenant Default ........................... 20 11.3.1. General .......... .............................20 11.3.2. Landlord Notice to Lender ........................ 20 11.3.3. Lender's Right to Cure ........................... 20 11.3.4. Time Period and Manner of Curing ................. 20 11.3.5. Nonmonetary Event of Default .................... 21 11.3.6. Lender's Acquisition of Leasehold ............... 21 11.3.7. Bankruptcy and Similar Proceedings Against Tenant ... 22 11.3.8. Method of Notice ............................... 22 11.3.9. Lender Foreclosure of Leasehold Mortgage .......... 22 11.3.10. Lease with Lender Upon Termination of Lease by Landlord ........................ .. 22 11.4. No Waiver of Landlord's Obligations ........................... 23 11.5. No Financing Liability ........ ............................... 23 11.6. Payment of Landlord's Attorney's Fees .......................... 23 11.7. Estoppel Certificates from Landlord ............................ 23 11.8. Compliance with City Charter .. ............................... 23 - iii - 12. Events of Default by Tenant ......... ............................... 24 12.1. Failure to Pay .............................................. 24 12.2. Failure to Perform...... ... ............................... 24 12.3. Bankruptcy. Etc ................ .............................25 12.3.1. Bankruptcy Filing .............................. 25 12.3.2. Levy or Attachment .............................. 25 12.3.3. Receiver, Etc .... ............................... 25 12.4. Remedies for Default by Tenant ............................... 25 12.5. Events of Default by Landlord ............................. .. 25 12.5.1. Failure to Pay ......... ............................... 25 12.5.2 Failure to Perform ........................... ........ 26 12.6. Remedies for Default by Landlord .............................. 26 13. Condemnation ...................... .............................26 13.1. Taking of Entire Premises .................................... 26 13.2. Proceeds of Taking ......................................... 27 13.3. Partial Taking; Termination of Lease ........................... 27 13.4. Partial Taking; Continuation of Lease ........................... 27 13.5. Temporary Taking ........... ............................... 28 13.6. Additional Takings ........... ............................... 28 13.6.1. Making Repairs . ............................... 28 13.6.2. Terminating Lease ............................... 28 13.7. Inverse Condemnation or other Damages ........................ 28 13.8. Involuntary Conversion ....... ............................... 29 13.9. Payment of Fees and Costs .... ............................... 29 14. Use and Care ..................... ............................... 29 14.1. Use ......................... .............................29 14.2. Operating Standards .......... ............................... 29 14.3. Use Restrictions ............. ............................... 29 14.4. Applicable Law ........... ............................... 29 14.5. Environmental ................ .............................29 15. Repair and Maintenance ............. ............................... 30 15.1. Landlord's Responsibility ..... ............................... 30 -iv - 16. 17. 18. 19. PA 21. 22. 15.2. Tenant's Responsibilities ..................................... 30 Loss of Property ................... ............................... 30 Renovation......................... .............................30 17.1. Tenant's Rights ............. ............................... 30 17.1.1. Submission of Plans and Specifications ................... 30 17.1.2. Tenant to Obtain Approvals and Permits .. 30 17.2. Landlord's Cooperation ....................................... 31 Access to Premises ................................................ 31 Operation and Management of Improvements ........................... 31 19.1. Control of Parking Structure ... ............................... 31 19.2. Non - Interference .............. .............................31 19.3. Rights to Erect Signs; Revenue Therefrom ....................... 32 19.3.1. Procedure for Signs .... ............................... 32 19.3.2. Allowable Signs ....... ............................... 32 19.3.3. Removal of Signs ...... ............................... 32 19.3.4. Definition of Signs ............ . ...................... 32 19.3.5. Revenue from Signs .... ............................... 32 19.4. Landlord's Signs Upon the Project .............................. 32 19.5. Night and Weekend Parking for Special Events ................... 33 19.6. Indemnification ............... .............................33 Surrender of Parking Structure ....... ............................... 33 Destruction......................... .............................33 21.1. Tenant's Duty to Restore ...... ............................... 33 21.2. Interrelationship of Lease Paragraphs ........................... 34 21.3. Insurance Loss Payees ........ ............................... 34 21.4. Reconstruction Delay ......... :.............................. 34 21.5. Termination by Destruction .... ............................... 34 Sale of Leasehold, Subletting, Landlord's Assignment .................... 35 22.1. Right to Transfer Leasehold .... ............................... 35 22.1.1. Rights to Sublease ..... .....:......................... 36 :a+c 22.2. Landlord Assignment ......... ............................... 36 22.3. Compliance with City Charter .. ............................... 36 22.4. Right of First Refusal ......... ............................... 37 22.5 Fee Upon Transfer of Leasehold ............................... 37 22.6 MRP as Purchaser of Leasehold Interest .................. ..... 37 23. Insurance .......................... .............................37 23.1. Acquisition of Insurance Policies .............................. 37 23.2. Types of Required Insurance ... ............................... 38 23.2.1. Commercial General Liability Insurance ............. 38 23.2.2. Umbrella Liability Insurance ...................... 38 23.2.3. Physical Property Damage Insurance ............... 38 23.2.4. Builder's Risk Insurance ......................... 38 23.2.5. Business Interruption ............................ 39 23.3. Terms of Insurance ........... ............................... 39 23.3.1. Primary Policies . ............................... 39 23.3.2. Notice of Change or Cancellation .................. 39 23.3.3. Landlord Not Responsible for Notice or Premiums .... 39 23.3.4. Insurance Company Rating ....................... 39 23.3.5. Mortgage Endorsement ............. ........... 39 23.4. Landlord's Acquisition of Insurance ............................ 39 23.5. Insurance Money and Other Funds Held in Trust .................. 39 23.6. Application of Proceeds of Physical Damage Insurance ............. 40 23.6.1. Distribution of Unutilized Proceeds ................. 40 23.7. Insurance Appraiser .......... ............................... 40 23.8. Waiver of Subrogation ........ ............................... 41 23.9. Landlord's Insurance ......... ............................... 41 24. Relation of the Parties ........ . .... ............................... 41 25. Acts of God; Unavoidable Delays .................................... 42 25.1. Acts of God ................ ............................... 42 25.2. Unavoidable Delays .......... ............................... 42 26. Landlord's Covenant of Quiet Enjoyment .............................. 42 27. Brokerage .......................... .............................42 28. Time of Essence ................... ............................... 42 -vi - 29. Notices ............................ .............................42 30. Compliance with Laws and Ordinances . ............................... 43 30.1. Compliance .... ............. .............................43 30.2. Contest by Tenant ........... ............................... 43 31. Representations and Warranties ......... ... ........................ 44 31.1. Landlord's Representations .... ............................... 44 31.1.1. Free of Violations .................................... 44 31.1.2. No Actions Affecting Use .............................. 44 31.1.3. No Sewer Impairments . ............................... 44 31.1.4. No Moratoria ........................................ 44 31.2. Landlord's Warranties ........ ............................... 44 31.2.1. Authority to Bind ...... ............................... 44 31.2.2. Free of Tenancies ...... ............................... 44 31.3. Tenant's Representations and Warranties ........................ 44 31.2.1. Authority to Bind ..................................... 44 32. Exculpation ........................ .............................44 33. Airspace Reversion Rights ........... ............................... 45 34. Rights With Respect to Old MRP Building ............................. 45 34.1. Prior to Construction ......... ............................... 45 34.2. Destruction After Construction . ............................... 45 35. MRP Consideration ................ ............................... 45 36. General Provisions ................. ............................... 45 36.1. Severability .................. .............................45 36.2. No Waiver ................... .............................46 36.3. Entire Agreement ............ ............................... 46 36.4. Successors and Assigns ....... ............................... 46 36.5. Modification and Rescission ... ............................... 46 36.6. Governing Law ............... .............................46 36.7. Interpretation .......................... ..................46 36.8. Radon Disclosure ............ ............................... 46 36.9. No Discrimination ........... ............................... 46 36.10. Attorneys' Fees ............... .............................47 -vii - 36.11. Reasonableness of Approvals . ............................... 47 36.12. Duplicate Originals .......... ............................... 47 36.13. Memorandum of Lease ....... ............................... 47 EXHIBIT A - Legal Description of City Land ....... ............................... 49 EXHIBIT B - Legal Description of MRP Land ...... ............................... 50 EXHIBIT C - Title Exceptions for City Land ....... ............................... 51 EXHIBIT D - Form of Certificate of Waiver of Title Requirements and Airspace Conditions and Establishment of Lease Commencement ........... 52 - viii - LEASE AGREEMENT This Lease is made by and between the City of South Miami, a municipality of Miami -Dade County, Florida (hereinafter "Landlord ") and SPG Phase One, Ltd., a Florida limited partnership (hereinafter "Tenant ") on the following terms and conditions: RECITALS A. Landlord owns certain unimproved Land (as hereinafter defined) located in the City of South Miami, Miami -Dade County, Floridawhich is presently used solely as a public parking lot; B. Landlord desires to lease the Land to Tenant to allow it to design, construct, lease, and manage the Parking Structure (as hereinafter defined) which shall be a mixed -use retail, office and parking garage building as contemplated by Landlord pursuant to its general award set forth in Resolution No. 198 -97 -10168 effective September 16, 1997, and (collectively, the "Resolutions "); and C. Tenant desires to lease the Land from Landlord and thereafter to design, construct, lease, and manage the Parking Structure (as hereinafter defined) consistent with the Resolutions and in accordance with the terms and conditions provided hereinafter. NOW, THEREFORE, in consideration of the premises and other valuable consideration, the parties hereto agree as follows: 1. Recitals. The recitals are true and correct, and form a part of this Agreement. 2. Definitions. The terms provided herein shall be defined for purposes of this Lease as follows: 2.1. "Acceptance Notice" means the acceptance notice provided in subparagraph 22.4. 2.2. "Affiliate" means (i) any person who, directly or indirectly or through one or more intermediaries, controls, is controlled by, or is under common control with another person or entity or (ii) any person who owns, directly or indirectly, 50% or more of the value of the outstanding shares or other equity interests of another person. - 1 - 2.3. "Airspace" means that certain volume of air over the MRP Land as more particularly described in the MRP Agreement. . 2.4. "Airspace Reversion Rights" means the reversion of the Airspace to MRP as more particularly described in Article 25 of the MRP Agreement. 2.5. "Alleyway Claim" means the potential claim of the owner of the adjacent parcel of land situated immediately to the north of the Land as more particularly described in- Subparagraph 7.3. 2.6. "BOMA Method" means the Standard Method for Measuring Floor Area in Office Buildings, as approved by the American National Standards Institute, Inc. and published by the Building Owners and Managers Association International dated June 16, 1996. 2.7. "Charter" means the municipal charter of the City of South Miami, Florida. 2.8. "City" means the City of South Miami, Florida. 2.9. "Commencement of Construction" means the filing of the notice of commencement by Tenant or Tenant's authorized representative for the construction of the Project. 2.10. "Common Areas" means those areas ofthe Project which are open for the use by tenants of the Project or by the public, including but not limited to any sidewalks, public receiving, loading and delivery areas, public lobbies, public exits and entrances, hallways, elevators, stairways, and restrooms. 2.11. "Completion Date" means the date which is the earlier of the (i) Completion of Construction as provided in Subparagraph 9.4 or (ii) the date which is 365 -days after the Permit Date. 2.12. "Completion of Construction" means the earlier of the date upon which the Parking Structure is issued a certificate of occupancy or the date upon which the Parking Structure is issued a temporary certificate of occupancy. 2.13. "Construction Lender" means the Lender providing the construction loan to Tenant for the construction of the Project. 2.14. "Construction Period" means the period commencing with the Permit Date and ending on the Completion of Construction. 2.15. "Conveyance" means the deed to the Airspace, subject to the Airspace Reversion Rights, to be recorded in the public records of Miami -Dade County that transfers ownership of the Airspace from MRP to Tenant as more particularly described in the MRP Agreement. -2- 2.16. "Declaration" means the Declaration ofEasements Covenants and Restrictions executed by Landlord, Tenant and MRP that will be filed in the public records of Miami -Dade County, Florida, relating to the Project. 2.17. "Default Rate" means twelve (12 %) percent for purposes of Subparagraphs 12.1 and 12.5. 2.18. "Development Code" means the City of South Miami Land Development Code as in effect on the Effective Date hereof and as amended from time to time. 2.19. "Development Rights" means the rights granted to Tenant for the development of the Project pursuant to the terms of this Lease. 2.20. "Effective Date" means the date this Lease is to be fully binding upon the parties as stated on the execution page hereof. 2.21. "Fee Interest" means the fee interest in the Airspace portion of the Parking Structure. 2.22. "Gross Income" means all gross income derived from parking revenue and Subtenant rental income actually received by Tenant as more particularly described in Subparagraph 5.2.2. 2.23. "Independent Accountant" means an accountant chosen by Tenant's accountant and Landlord's accountant as more particularly described in Subparagraph 6.1.3. 2.24. "Independent Insurance Appraiser" means an insurance appraiser chosen by Landlord and Tenant as more particularly described in Subparagraph 23.7. 2.25. "Land" means that certain municipal parking lot located at S.W. 73rd Street, S.W. 58th Avenue, and S.W. 58th Court, in the City of South Miami, Florida as more particularly described according to its legal description as set forth on Exhibit A, attached hereto, including all rights and interests appurtenant thereto. 2.26. "Landlord "means the City of South Miami, Florida, a municipality located in Miami -Dade County, Florida. 2.27. "Lease Commencement Date" means the date of Commencement of Construction. Landlord and Tenant shall establish the Lease Commencement Date pursuant to a written instrument executed by both parties immediately after the Lease Commencement Date. 2.28. "Lease Year" means the consecutive twelve calendar month period commencing on the Lease Commencement Date and each such consecutive twelve calendar month IRIE period thereafter during the Lease Term; provided, however, that if the Lease Commencement Date is not the first day of the calendar month, Lease Year shall mean the consecutive twelve calendar month period commencing on the first day of the calendar month immediately following the Lease Commencement Date and each such consecutive twelve calendar month period thereafter during the Lease Term. 2.29. "Lease Term" means the period consisting of 50 consecutive Lease Years. 2.30. "Lender" means (whether foreign or domestic) a commercial bank, national bank or savings and loan association, savings bank, trust company, finance company or insurance company or any pension, retirement or welfare trust or fund, or pension advisor or investment advisor investing funds for any such trust or fund or any limited partnerships, real estate investment trust or other entity investing in commercial mortgage loans or any life insurance company or any other similar institution in the business of making commercial mortgage `loans or securitized mortgage financing (or trustees for any such investors) or a subsidiary or Affiliate of any such institution or any agent, designee or nominee of a lender which is wholly owned or any other entity commonly recognized by the lending community as a lender or any group or combination of the foregoing. 2.31. "Minimum Rent" means the rent, if any, due from Tenant to Landlord as provided in Subparagraph 5.3. 2.32. "MRP" means Mark Richman Properties, Inc., a Florida corporation, or any successor thereto. 2.33. "MRP Agreement" means that certain Air Rights and Development Agreement made by and between Tenant and MRP dated , 2000 and any amendments or modifications subsequent thereto. 2.34. "MRP Land" means that certain improved lot at the corner of S.W. 73 Street and S.W. 58`" Court owned by MRP, upon which is situated the Old MRP Building and which is more particularly described according to its legal description as set forth on Exhibit `B" attached hereto. 2.35. "Municipal Space" means a portion of the Parking Structure set aside for use by the Landlord only for police purposes, those uses which relate to Municipal Parking or administrative offices as more particularly described in Subparagraph 5.1.2. 2.36. "New MRP Building" means the shell of anew one story structure to be built by Tenant on the MRP Land on behalf of MRP as a replacement for the Old MRP Building and over which the Airspace will be occupied by a portion of the Parking Structure. The New MRP Building shall contain approximately 11;500 square feet of gross area. The New MRP Building shall not include any portion of the Parking Structure. -4- 2.37. "Old MRP Building" means the existing one -story building located on the MRP Land which is to be demolished and replaced with the New MRP Building. 2.38. ' "Parking Structure" means that portion of the Project which excludes the New MRP Building and the MRP Land. A portion of the Parking Structure is located within the Airspace. 2.39. "Percentage Rent" means the rent, if any, due from Tenant to Landlord as provided in Paragraph 5.2. 2.40. "Permits" means all final, unappealed and unappealable building permits and other permits, licenses, permissions, consents, and approvals required to be obtained from the (i) City of South Miami, (ii) Miami -Dade County, (iii) the State of Florida, (iv) the United States, (v) any agency or political subdivision of any of the foregoing having jurisdiction over the Project or any portion thereof, or (vi) any agreements, waivers, or consents of any third - parties relating to or affected by the Project, all of which are required to allow the construction of the Project and any subsequent improvements, repairs, replacements or renewals in accordance with the Development Code and all other applicable laws, ordinances, or regulations. 2.41. "Permit Date" means the date all Permits are issued on a non - appealable basis which allows the construction of the Project to proceed. 2.42. "Plans" means the plans, drawings, and specifications referenced in Subparagraph 8.2. 2.43. "Project" means the Land, the Parking Structure, the MRP Land and the New MRP Building together with all other rights and interests appurtenant thereto. 2.44. "Project Schedule" means the project schedule developed by Landlord and Tenant as provided in Subparagraph 8.2. 2.45. "Purchase Price" means the purchase price for the Lender's interest in the Parking Structure as determined in Subparagraph 11.8. 2.46. "Reconstruction Rights" means MRP's right to build on the MRP Land under the circumstances described in Article 26 of the MRP Agreement. 2.47. "Rent" means the sum of Minimum Rent, Percentage Rent and all other charges, if any, due from Tenant to Landlord under this Lease. 2.48. "Resolutions" means the general award set forth in Resolution No. 198 -97- 10168 effective September 16, 1997,and -5- 2.49. "Sale Notice" means the notice provided by Landlord to Tenant pursuant to the right of first refusal contained in Subparagraph 22.4. 2.50. "Sales Tax" means all Florida state, county, and/or municipal sales, use, or similar taxes, and all local option surtaxes assessed upon or in relation to Rent due and payable to Landlord by Tenant hereunder. 2.51. "Second Level Parking Deck" means the second level of the Project which will be used for municipal parking and consist of approximately 108 metered parking spaces. 2.52. "Second Level Parking Revenue" means the parking revenue generated by the metered parking spaces on the Second Level Parking Deck. 2.53. "Subtenant" means a person or firm who leases space in the retail or office components of the Parking Structure or leases one or more parking spaces from the Tenant. 2.54. "Successor Tenant" means a person to whom Tenant's interest in the Lease is transferred as more particularly described in Section 22.1. 2.55. "Taking" means the acquisition of all or aportion ofParking Structure by any federal, state, county or municipal sovereign or their proper delegatees, by condemnation proceeding by the power of eminent domain. 2.56. "Tenant" means SPG Phase One Ltd., a Florida limited partnership, any successor thereto as a result of merger, consolidation, or other reorganization provided that the current principal of SPG maintains controlling interest in the new entity; and any successor created as the result of the death of the principal. 2.57. "Transfer Fee" means the fee paid by Tenant to Landlord upon sale, assignment or conveyance of Tenant's leasehold interest in the Project as more particularly described in Subparagraph 22.5. 2.58. "Unavoidable Delay" means delays due to strikes, Act of God, floods, fires any act, negligence or failure to perform of the Landlord, or any employee or agent of Landlord, unusual delay in obtaining labor or materials, inability to obtain, in accordance with this Lease, zoning, special exceptions, variances, site plan approval, building and other permits, certificates of occupancy or other approvals, governmental restrictions, enemy action, civil commotion, casualty, sabotage, restraint by court or public authority, moratoriums, the development of the Project being defined to be a development of regional impact. 2.59. "Work" means the repairs, alterations, restoration, replacements or rebuilding, including temporary repairs for the protection of other property as more particularly described in Subparagraph 21.1. 3. Lease of Land. 3.1'. Lease of Land. Subject to the terms, conditions, covenants, and other provisions provided hereinafter, Landlord does hereby lease, let, and demise unto Tenant and Tenant does hereby lease, hire, and take from Landlord the Land to have, hold, and use for the entire Lease Term. 3.2. Airspace Termination. Pursuant to the MRP Agreement, all right, title and interest to the Airspace will be transferred to Tenant upon satisfaction of the conditions provided in Article 7 of the MRP Agreement. If the transfer of the Airspace to Tenant does not take place within 180 days of the Effective Date because the conditions provided in Article 7 of the MRP Agreement have not been satisfied, at the option of Tenant, this Lease shall terminate and be of no further force or effect, and the parties hereto shall be released of all liability and obligations hereunder except for those that are expressly stated to survive the termination hereof. 4. Term. 4.1. Original Term. The original Lease Term shall be fifty years starting on the Lease Commencement Date (or, if the Lease Commencement Date is not the first day of the month, the first day of the calendar month following the Lease Commencement Date) unless modified, extended, or sooner terminated as provided hereinafter. 5. Parking meters Percentage Rent and Minimum Rent. 5.1. Second Level Parking Revenue; Municipal Space. 5.1.1. Revenue from Second Level Parking Deck. The second level of the Project will be used for municipal parking and consist of approximately 108 metered parking spaces (the "Second Level Parking Deck "). Landlord, at Landlord's cost, shall supply 73 of the parking meters to be installed on the Second Level Parking Deck, and Tenant, at Tenant's cost, shall supply the balance of the parking meters to be installed on the Second Level Parking Deck. Tenant shall, at Tenant's cost, install all of the parking meters on the Second Level Parking Deck. Landlord shall own and be responsible for maintaining and repairing 73 of the parking meters on the Second Level Parking Deck (the "Landlord Parking Spaces "). Tenant shall own and be responsible for maintaining and repairing the balance of the parking meters on the Second Level Parking Deck (the "Tenant Parking Spaces "). Landlord shall collect and retain the parking revenue from the Landlord Parking Spaces and Tenant shall collect and retain the revenue from the Tenant Parking Spaces. Landlord and Tenant shall agree upon a method for defining the parking spaces on the Second Level Parking Deck as being either Tenant Parking Spaces or Landlord Parking Spaces in such a way as to equalize the economic benefit to Landlord and Tenant on a pro rata basis (it being the intention that Landlord derive approximately 73/108 of the parking revenue from the Second Level Parking Deck and that Tenant derive the benefit from the balance of parking revenue from the Second Level Parking Deck). -7- Tenant shall not participate in any revenue from parking fines collected by Landlord from parking violations on the Second Level Parking Deck. 5.1.2. Municipal Space. Tenant shall set aside for Landlord's uses approximately 200 square feet of space on the first floor of the Parking Structure in such location as may be determined solely by Tenant from time to time (the "Municipal Space "). The Municipal Space shall be used by the Landlord only for police purposes, those uses which relate to Municipal Parking or administrative offices. Such use shall not interfere with the operation of the Project and shall comply with all rules and regulations applicable to Subtenants. If Landlord vacates the Municipal Space, Tenant shall have the right to retake such space and use the Municipal Space for any purpose consistent with this Lease. 5.2. Lease Year Percentage Rent. 5.2.1. Percentage Rent. Commencing with the first Lease Year and for each Lease Year thereafter during the Lease Term, Tenant shall pay Landlord annual Percentage Rent equal to (i) 2.5% of the Gross Income up to $1,400,000 and (ii) 7% of the Gross Income, if any, in excess of $1,400,000 which was received by Tenant during the applicable Lease Year. Within 30 days following the end of each calendar quarter during the Lease Year, Tenant shall furnish to Landlord a statement for the preceding calendar quarter reporting all items of income and exclusion required to determine Percentage Rent payable for such period. 5.2.2. Definitions. For purposes ofdetermining the Percentage Rent, "Gross Income" means all gross income derived from parking revenue and Subtenant rental income actually received by Tenant with respect to the operation of the Parking Structure but shall expressly exclude: (1) Insurance proceeds and other receipts from claims for losses or damages to property, except for proceeds from business interruption and loss of revenue insurance; (2) Proceeds from condemnation or settlements in lieu thereof, except for proceeds attributable to a temporary taking of the use of any part of the Parking Structure and paid to Tenant as reimbursement for the loss of parking revenue and Subtenant rental income; (3) Proceeds from any financing or refinancing of Tenant's interest in the Parking Structure or any portion thereof; (4) Proceeds from any sale or other disposition of Tenant's right, title, or interest in its leasehold estate created hereunder or any portion thereof; (5) Receipts from Subtenants as reimbursement for the operation of the Project or as reimbursement of costs incurred for capital improvements whether or not financed by Tenant separately from the construction or permanent financing for the Project; (6) Subtenant deposits and all other deposits, and all earnings such deposits thereon whether or not Tenant is required to and/or does maintain such deposits and earnings in one or more separate accounts; (7) Sales Tax collected from Subtenants or others; (8) Interest on other earnings earned from cash or other investments of Tenant; (9) Operating expenses, ad valorem real and personal property taxes and insurance of the Project which are reimbursed to or recovered by Tenant from Subtenants or others whether directly as pass - through expenses charged to Subtenants under a net lease or indirectly as part of the base rent or expense in excess of base year rent under a gross lease. Landlord and Tenant acknowledge that as a mixed -use Project some Subtenants may have gross office or gross retail leases and other Subtenants may have net office or net retail leases, and Landlord and Tenant agree to make the necessary adjustments hereunder to allow for such differences in the Subtenant leases so as to assure that recoveries of operating expenses in all cases do not constitute Gross Income; and (10) Cash or equivalent reserves and earnings thereon established by Tenant to pay for capital improvements to the Project or claims against the Project, provided: (a) Landlord is notified thereof in writing at or before the time any such reserve is established, which notice shall state the amount, purpose and timing of anticipated expenditures, together with such additional information as may reasonably be required to establish that such reserve is in compliance with the terms hereof. Tenant shall give Landlord prompt notice of all changes to the matters described in such notice and to other information furnished to Landlord under this paragraph; (b) Such reserve is designed to fund reasonably anticipated expenditures described therein; and (c) Such reserves shall be maintained in a separate, identifiable account or accounts, and shall not be used, directly or indirectly, for any purpose other than the purposes for which they are established. 5.2.3. Limitation on Payment Obligation. Notwithstanding anything herein to the contrary; Tenant shall not have an obligation to pay Percentage Rent to Landlord unless and until Tenant (i) has as actually received the Gross Income upon which the Percentage Rent is determined, (ii) is the uncontested and exclusive owner of such Gross Income, and (iii) has the unrestricted power and right to pay Landlord a portion thereof as Percentage Rent without violating any laws or agreements to which Tenant is or may be subject provided any such agreements are made and entered into by Tenant on terms and conditions not prohibited hereunder. 5.3. Minimum Rent. If the Completion of Construction is more than twelve months and forty-five days after the Permit Date, Tenant shall pay minimum rent to Landlord for the period of time that starts twelve months and forty -five days after the Permit Date and ends upon Completion of Construction ( "Minimum Rent "). The Minimum Rent shall be SIX THOUSAND THREE HUNDRED THIRTY THREE DOLLARS ($6,333.00) per calendarmonth and shall be pro- rated for partial calendar months. Monthly payments of Minimum Rent shall be made on or before the tenth of each month following the month, or portion thereof, for which Minimum Rent is due. The payment of Minimum Rent, if any, shall cease upon the Completion of Construction. If the Completion of Construction is delayed by the Landlord and through no fault of Tenant, the payment of Minimum Rent shall be abated for any such period. 6. Payment. 6.1. Percentage Rent. 6.1.1. Payment of Percentage Rent. Commencing with the first Lease Year during which Completion of Construction occurs, Tenant shall pay to Landlord on the 30`' day after the end of each calendar quarter during the Lease Term (i.e on May 5, August 5, November 5 and February 5) an amount equal to the Percentage Rent for such calendar quarter. 6.1.2. Annual Statement. Within ninety days of the end of each Lease Year, Tenant shall retain an accounting firm to prepare and deliver a compilation report to Landlord which reports the Gross Income for such Lease Year. In the event Tenant has paid more than the Percentage Rent established as due for such Lease Year, the amount of the overpayment shall be deducted by Tenant from the next succeeding payment or payments of Percentage Rent due hereunder. In the event Tenant has paid less than the Percentage Rent for such Lease Year, Tenant shall pay Landlord on or before the 15`' day of the following month the amount of such deficiency which shall be deemed to be Percentage Rent due under this Lease. 6.1.3. Audit by Landlord. Upon reasonable notice from Landlord, Tenant shall allow Landlord or Landlord's employees, agents, or accountants to examine the books and records and review systems and procedures of Tenant for the purpose of verifying statements furnished or to be furnished pursuant to Paragraph 6.1.2, which examination shall be conducted during ordinary business hours and in a manner that does not unreasonably interfere with the business of Tenant. In the event Landlord's examination shows that Tenant has underpaid the Percentage Rent during any Lease Year, Landlord shall provide Tenant with written notice of such determination and associated backup documentation and, within fifteen days of receipt of such written determination, Tenant shall either (i) pay such deficiency to Landlord, or (ii) provide Landlord with written notice that Tenant disputes such determination. If Tenant disputes Landlord's determination as to the amount or existence of an underpayment, Tenant's accountant and Landlord's accountant shall choose a third accountant ( "Independent Accountant ") who shall decide the existence and/or amount of any such underpayment. The determination of the Independent Accountant shall be issued to Tenant and Landlord in writing and shall be final and binding on the -10- parties, absent fraud, negligence or material error by such Independent Accountant. In the event the underpayment is greater than 5% of the total Percentage Rent payable with respect to such Lease Year, Tenant shall (i) reimburse Landlord the reasonable expenses incurred in making such examination of Tenant's records and (ii) pay interest at the rate of 18% per annum with respect to such underpayment. If the payment of Percentage Rent was greater than the amount due, such excess shall be credited against the next payment(s) of Percentage Rent due hereunder. . 6.1.4. Maintenance of Books and Records. Tenant shall keep complete books of account and records of all operations relating to the Parking Structure necessary to establish Percentage Rent. All of the books and records shall be physically located and kept in Miami -Dade County, Florida and shall be retained for a period not less than three years. 6.1.5. Waiver. In the event that neither Landlord nor Tenant objects to the determination and/or payment of Percentage Rent within the one -year period following the close of a Lease Year, the Percentage Rent for such Lease Year shall be deemed to be conclusively determined, and the parties shall have waived all rights to have such Percentage Rent redetermined except upon showing of fraudulent conduct on the part of either party. 6.2. Delivery ofPayment. Rent payments shall be by check made payable to "City of South Miami" and, unless instructed otherwise by Landlord, delivered to: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: City Manager 6.3. Delinquency. The Percentage Rent is delinquent if not received by Landlord on the 5th day of the month following the month in which such payment is otherwise due (i.e on May 5, August 5, November 5 and February 5). If not received by Landlord within five business days after written notice of any delinquency is delivered to Tenant, Landlord may assess Tenant a charge of 5% of the underpayment of such Percentage Rent per month for each month or part thereof until such amount is paid in full. If Percentage Rent remains delinquent for forty-five (45) days after the date which such rent is otherwise due, an Event of Default shall have occurred, and Landlord may proceed to exercise all of its rights and remedies as provided in Paragraph 12. 7. Title: Delivery of Possession. 7.1. Covenants of Title. Except as provided in Paragraph 7.3, Landlord represents and warrants that, as of the Effective Date, Landlord is the owner of the Land and that the Land is free from all liens, encumbrances, restrictions, covenants, and defects in title other than those set forth in Exhibit C which is attached hereto and made a part hereof. Landlord further represents that there are no restrictions which will delay, interfere with, or prohibit Landlord entering into this Lease and the construction of the Project as provided herein. -11- 7.2. Environmental Condition. Landlord represents and warrants to Tenant that as of the Effective Date the Land contains no Hazardous Materials (as hereinafter defined). In the event the Land contains any Hazardous Materials as of the Effective Date, Tenant, in addition to any other legal or equitable remedies available, may elect to cause such Hazardous Materials to be removed from the land in compliance with all applicable laws, and, in such event, Landlord shall bear the cost of such removal and remediation, and of any and all environmental assessments and investigations that were incurred by Tenant as a result of such environmental remediation. In the event the environmental assessments and investigations identify any unlawful and material contamination in the environmental condition of the Land resulting from Tenant's actions that are required to be remedied, then Tenant shall undertake the necessary obligations with respect to the clean-up of the Land in accordance with applicable local, state and federal law. The term "Hazardous Materials" shall mean any flammable or explosive materials, petroleum or petroleum products, oil, crude oil, natural gas or synthetic gas used for fuel, radioactive materials, asbestos, hydrocarbon products and derivatives, and hazardous wastes or substances or toxic waste or substances, including without limitation, any substances now or hereafter defined as or included in the definition of "hazardous substances" "hazardous wastes" "toxic materials" "toxic substances" "special wastes ", "biomedical waste ", "biological waste" or other words of like import under any federal, state or local rules, laws, regulations orrequirements, including without limitation, Section 403.703, Florida Statutes. Landlord agrees to indemnify and hold Tenant harmless from any and all claims, demands, liabilities, losses, damages or expenses incurred by Tenant or its successors and assigns, arising as a result of Landlord's breach or failure to perform any of the terms and conditions of this Paragraph 7.2. In the event that Landlord's remediation costs under this Paragraph 7.2 are in excess of $1,000,000, Landlord shall have the option of providing Tenant with written notice of the amount of remediation costs. Tenant shall then have the option of proceeding with this Lease and assuming the obligation of paying such remediation costs in excess of $1,000,000, or terminating this Lease in which case Landlord shall reimburse Tenant for all fees, costs, and expenses incurred by Tenant. If Tenant exercises its option to proceed with the Lease and paying remediation costs in excess of $1,000,000, the Landlord shall then have the right to terminate the Lease by paying Tenant, its reasonable development costs incurred in this transaction. In the event oftermination hereunder, the parties shall be released from all liabilities and obligations except those that are expressly stated to survive a termination hereof. This Subparagraph 7.2 shall survive the termination of the Lease. 7.3. Alleyway Considerations. Landlord acknowledges that the owner of the adjacent parcel of land situated immediately to the north of the Land has made certain claims with regard to the northern strip of the Land ( "Alleyway Claim "). Landlord and Tenant shall negotiate in good faith to resolve all of the issues regarding the Alleyway Claims, including termination of the Lease if the Alleyway Claims are not resolved in an expeditious manner. If the Lease is terminated due to Landlord's inability to resolve the Alleyway Claim, the Landlord shall reimburse Tenant for Tenant's reasonable costs associated with this Lease. This Subparagraph 7.3 shall survive the termination of this Lease. -12- 7.4. Possession. Tenant hereby accepts delivery of possession of the Land in "as is" condition as of the Lease Commencement Date subject to Landlord's representations, warranties, and covenants of title and environmental conditions as provided in Paragraphs 7.1 and 7.2, respectively, Landlord's obligations with respect to the alleyway considerations as provided in Paragraph 7.3 above, Tenant's rights as provided in Paragraph 7.5 below and further subject to Tenant's right to conduct a title examination and all environmental site assessments with respect to the Land as Tenant deems necessary. 7.5. Title Requirements. The title matters referenced in Exhibit C and the alleyway considerations referenced in paragraph 7.3 are referred to as "Title Requirements." If the Title Requirements are not satisfied or waived by Tenant within 90 days of the Effective Date, Tenant may cancel this Lease by written notice to Landlord in which event this Lease shall terminate and be of no further force or effect and the parties hereto shall be released of all liability and obligations hereunder except for those that are expressly stated to survive the termination hereof. Upon the satisfaction or waiver of the Title Requirements and the conditions referenced in Paragraph 3.2 (hereinafter referred to as the "Airspace Conditions), Landlord and Tenant shall promptly file in the Public Records of Miami -Dade County, Florida a certificate (in substantially the same form as Exhibit "D" attached hereto and made a part hereof) evidencing that the Title Requirements and Airspace Conditions precedent have been satisfied or waived and setting forth the Lease Commencement Date. 8. Zoning, Development of Land and Pre - Construction Activity. 8.1. Development Rights. Landlord hereby approves the Development Rights of the Land (and accordingly the construction of all improvements required in connection with such development) to the maximum densities and uses described in paragraph 8. 1.1 and 8. 1.2 below: 8.1.1. Parking Structure. A four -story mixed -use building containing approximately 332 parking spaces, 19,530 square feet of ground floor retail space and 35,000 square feet of office space to be built on the Land and in the Airspace. 8.1.2. NewNWBuilding. Aone -story building with approximately 11,500 square feet of retail space. 8.2. Plans and Schedules. Prior to the Commencement of Construction, Tenant shall diligently pursue the preparation of plans, drawings, and specifications (collectively, "Plans ") necessary for the construction of the Project. Landlord shall fully cooperate with Tenant to facilitate the preparation of the Plans and submittal thereof to obtain the Permits to allow the construction of the Project to begin in accordance with the Development Code and other applicable law. Landlord and Tenant agree to develop aproj ect schedule that takes into account the agreement between Tenant and its general contractor, the requirements of the Construction Lender, the MRP Agreement, any commercially reasonable insurance or surety requirements and any items necessary for title insurance ( "Project Schedule "). If the construction portion of the Project Schedule exceeds twelve months, -13- Tenant must receive the Landlord's written approval, which approval shall not be unreasonably withheld or delayed. 8.3. - Landlord Approval. Landlord shall participate in design meetings as an observer to allow sufficient familiarity with the Plans to facilitate the following review schedule: 8.3.1. Schematics and Preliminary Specifications. Schematic drawings and preliminary specifications for the Project shall be provided to Landlord for its review and approval. Landlord will complete its review of the same within seven business days after submittal to the Landlord. 8.3.2. Design Development Drawings,. Design development drawings for the Project shall be provided to Landlord for its review. Landlord will complete its review of the same within seven business days after submittal to the Landlord. 8.3.3. Conform with AIA and BOMA Method. Design development and schematic drawings shall conform with the scope of work for such drawings as established by the standards of the American Institute of Architects and all area computations shall .be made in accordance with the BOMA Method. 8.3.4. Approval for Subsequent Material Changes. Landlord's approval shall not be required for any further drawings, plans or specifications for construction of the Projector any modification, replacement, alteration, or addition thereto, unless there is a material change in the Plans previously approved by Landlord. Any material changes shall be reviewed by Landlord within 10 working days after submittal to the Landlord. "Material Changes" shall mean any changes to the Plans which alter the cost of the Project by more than five percent or which alter the intended use of the Project. 8.3.5. Procedure for Approvals. Approvals by Landlord under this Paragraph 8.3 shall not be unreasonably withheld or delayed. Approvals shall be deemed given unless Landlord shall notify Tenant in writing stating the reasons for withholding such approval within ten business days of the written request therefor (except where the use of the Project is being changed, in which case the written approval of the Landlord shall be required). Tenant shall, upon receipt of Landlord's reasonable objections, modify the Plans submitted, taking into account Landlord's objections, and resubmit such revised Plans for approval by Landlord in accordance with this Paragraph 8.3. 8.4. Permits. All Permits shall be obtained at the sole cost and expense of Tenant; provided, however, Landlord agrees to fully cooperate, at no cost or expense to Tenant, to apply for and obtain all such Permits. Landlord's obligation to cooperate shall include the obligation to consent to, except as hereinafter provided, and take the appropriate actions to assist Tenant to fulfill any conditions that any other governmental authority may impose upon the issuance of the Permit for the Project. If Tenant does not prepare all working drawings and submit all applications for all -14- Permits required for Commencement of Construction within six months of the Effective Date, or if Tenant fails to diligently and expeditiously pursue the issuance ofthe Permits, then eitherparty shall have the option to terminate this Lease (the six month time period shall be extended for any delays caused by Landlord's lack of cooperation as required under this Paragraph 8.4) in which case this Lease shall be of no further force or effect and the parties hereto shall be released of all liability and obligations hereunder except for those that are expressly stated to survive the termination hereof. Landlord agrees that the impact fees and permit fees applicable to the Project to be paid by Tenant to Landlord shall be those impact fees and permit fees as are in effect on the Effective Date and Landlord agrees to waive any increases in such impact fees and permit fees that occur after the Effective Date. 8.5. Chanae After Receipt of Permits. If Landlord initiates a change in the Plans after Tenant has received the Permits, Landlord shall reimburse Tenant for any costs associated with modifying the Plans, obtaining additional Permits and any other costs associated with delays in the Project (including any claims for damages by MRP which under the MRP Agreement, which damages are limited to Default Rent (as defined in the MRP Agreement) of $8,500 per month as more particularly described in Section 18.3 of the MRP Agreement) or otherwise caused by Landlord's change in the Plans. 8.6. As -Built Drawings. Upon completion of the Parking Structure, Tenant shall deliver to Landlord one copy of complete as -built drawings of the Parking Structure and an as -built survey showing the location of the Parking Structure and all underground improvements. 8.7. Designation of Landlord Representative. Landlord agrees to designate, in writing, a person or persons who shall have the power, authority and right, on behalf of Landlord, in its capacity as Landlord hereunder, to: 8.7.1. Approve Documents. Review and approve all documents, plans, applications, and requests required or allowed by Tenant to be submitted to Landlord pursuant to this Lease. 8.7.2. Consent to Actions. Consent to all actions, events, and undertakings by Tenant for which consent is required by Landlord; and 8.7.3. Make Appointments. Make all appointments of persons, appraisers, arbitrators or other individuals or entities required to be appointed or designated by Landlord in this Lease. 8.7.4. Change of Representative. Landlord may change such designee at any time upon written notice to Tenant. -15- 9. Construction of Project. 9.1. Conditions Precedent to Commencement of Construction. Tenant shall not be obligated to cause Commencement of Construction until the following are satisfied: 9.1.1. Unavoidable Delays. Tenant has not experienced any Unavoidable Delay. prior to the Commencement of Construction; 9.1.2. Article 7 of MRP Agreement. The conditions provided for in Article 7 of the MRP Agreement are satisfied; 9.1.3. Title Requirements of Paragraph 7.5. The Title Requirements provided for in Paragraph 7.5 of this Lease have been satisfied; 9.1.4. Environmental Conditions of Paragraph 7.2. The requirements of Paragraph 7.2 of this Lease regarding environmental conditions have been satisfied; 9.1.5. Representations and Warranties ofLandlord. The representations and warranties of Landlord made herein are true and correct; 9.1.6. Permits. Tenant has been issued all Permits; 9.1.7. Tenant's Financing. Tenant has obtained abinding loan commitment from a Construction Lender and there are no conditions that would prevent the Lender from funding the loan in accordance with the loan commitment issued by the Construction Lender; 9.1.8. Title Insurance. Tenant and Construction Lender are able to obtain title insurance acceptable to Tenant and Construction Lender and Landlord has complied with all the requirements contained in the title insurance commitments issued for purposes of insuring Tenant's leasehold interest in the Project and the Construction Lender's leasehold mortgage on the Project. 9.1.9. Declaration. The Declaration is executed by Landlord, Tenant and MRP and filed in the public records of Miami -Dade County, Florida. 9.2. Commencement of Construction. Subject to Subparagraph 9.1 and within 90 days of the Permit Date, Tenant shall, at its sole cost and expense, take such steps as are necessary to cause Commencement of Construction in accordance with the terms hereof. 9.2.1. Delay of Commencement of Construction. If within 90 days of the Permit Date, Tenant has not caused Commencement of Construction because items indicated in Paragraph 9.1 have not been satisfied, either party which has satisfied its obligations under Subparagraph 9.1 may terminate this Lease with prior written notice to the other party and this Lease shall be of no further force or effect and the parties hereto shall be released of all liability and -16- obligations hereunder except for those that are expressly stated to survive the termination hereof. Landlord, however, may not terminate this Lease if Tenant has taken good faith steps toward curing a condition indicated in Paragraph 9.1 which is the obligation of Tenant and which can not be, cured within 90 days or if the delay is caused by the failure of a tenant of the Old MRP Building to vacate its premises at the Old NIRP Building. Any delay pursuant to this Paragraph 9.2 shall cause the construction schedules developed by Tenant and Landlord to be adjusted accordingly. 9.3. Performance. After Commencement of Construction, Tenant shall diligently pursue the construction of the Project in accordance with the construction schedule. At all times during the Construction Period, Landlord shall use its reasonable efforts to provide all review and approvals necessary or appropriate to avoid delay in the diligent prosecution of the work for the construction of the Project. The construction schedule shall be developed by the Tenant and its general contractor, and submitted to Landlord pursuant to Paragraph 8.2. 9.4. Completion of Construction. The completion of construction of the Project shall occur upon issuance of a certificate of completion for the Parking Structure ( "Completion of Construction "). 9.5. Construction Period Indemnification and Security. During the Construction Period, Tenant shall indemnify, protect, defend, and hold harmless Landlord from and against all claims and liabilities arising by virtue of or relating to construction of the Project. If Tenant is required to defend any action or proceeding pursuant to this paragraph to which action or proceeding Landlord is made a party, Landlord shall also be entitled to appear, defend, or otherwise take part in the matter involved, at its election, by counsel of its own choosing, and to the extent Landlord is indemnified under this Paragraph, Tenant shall bear the cost of Landlord's defense, including reasonable attorneys' fees; provided, however, Tenant shall be responsible for Landlord's attorneys' fees only if a single legal counsel (or a single firm of legal counsel) cannot represent both Landlord and Tenant without there arising an actual or potential'conflict of interest. Tenant shall cause its general contractor to provide a payment and performance bond with a good and sufficient surety, naming Landlord, Tenant and Construction Lender as joint obligees in a commercially acceptable form. 9.6. Subsurface Conditions. The Landlord makes no warranty as to soil and subsurface conditions. Tenant shall not be entitled to any adjustment of Rent or any applicable time frame or deadline under this Lease in the event of any abnormal subsurface conditions. If, however, the subsurface conditions are so unusual that they could not have reasonably been anticipated, the time periods for Commencement of Construction shall be extended by the reasonable time necessary to accommodate the redesign and lengthened construction schedules resulting from such event. 9.7. Project Amenities. Tenant shall expend not less than one and one -half percent (1.5 %) of the cumulative hard construction costs incurred by Tenant in connection with the construction of the Parking Structure for acquisition or construction of amenities for the public areas of the Project. The term "amenities" as utilized in the preceding sentence shall include, but not be -17- limited to, landscaping, plazas, awnings, decorative features, fountains, tile, courtyards, terraces, walkways, roofgardens, passive and active recreational areas, murals, special graphic presentations, entertainment areas, gazebos, water features and facilities, and works of art. Tenant and Landlord anticipate that structural elements of the Project (including the inclusion of the New MRP Building in the facade of the Project), as presently designed, will satisfy all of the Project amenities requirement of this Subparagraph 9.7. 9.8. Holiday Season Construction. Tenant shall endeavor not to engage in construction activities between Thanksgiving Day and December 26 of any year that materially impact the neighboring retail shops by severely impeding traffic flows on 73" Street, 58" Avenue or 58" Court. Any delays experienced- by Tenant due to compliance with this Paragraph shall accordingly adjust the construction schedules developed by Tenant and Landlord. 9.9. Foundations. Tenant shall cause the foundation system for the Project to be designed such that an additional two levels of parking may be added to the Project in the future. Tenant shall initially pay the additional cost for the design and construction ofthe foundation system contemplated in this Subparagraph 9.9. Landlord shall reimburse Tenant the additional cost of design and construction of the foundation system contemplated in this Subparagraph 9.9 ratably over a period of ten (10) years. Such reimbursement shall be taken by Tenant as a credit against Rent. Tenant shall provide Landlord with all reasonable documentation to establish the additional cost of the design and construction of the foundation system contemplated in this Subparagraph 9.9. 10. Tax Treatment. 10.1. Tax Benefits. Landlord and Tenant agree that the maximum federal and state tax benefits (other than ad valorem taxes) arising from the ownership of, or otherwise relating to, the Parking Structure and the right to reduce or avoid such taxes as permitted by law such shall inure to the benefit of Tenant and not the Landlord. The foregoing tax benefits, shall include, but not be limited to, all rights to depreciation and tax credits available under federal and state income tax laws. Landlord shall cooperate with Tenant, at no outside cost to Landlord, to obtain any tax rulings which may be necessary or desirable (from the Internal Revenue Service, Florida Department of Revenue, or other authority having jurisdiction) so that Tenant can obtain the tax benefits or reduction in taxes contemplated by this Paragraph 10. 10.2. Tax Protests. Tenant shall have the right to protest any ad valorem property taxes on the Project. If there shall be any tax certiorari proceedings or tax protest proceeding with respect to the Project, Tenant may pursue such protests and appeals and take such related action which Tenant deems appropriate in connection therewith. Landlord shall cooperate with Tenant, at no outside cost to Landlord, in connection with such proceedings and appeals and collection of a refund of real or personal property taxes paid. Tenant owns and holds all right, title and interest in and to such tax assessment protest, appeals, and refunds, and all amounts recoverable in connection therewith shall be paid directly to Tenant by the applicable authorities. If such refund or any part -18- thereof is received by Landlord, Landlord shall promptly pay such amount to Tenant. Any refund received by Tenant shall not be Gross Income as provided in Subparagraph 5.2.2(9). 11. Leasehold Mortgage. 11.1. Tenant Right to Encumber Leasehold. Subject to the provisions of this Paragraph 11, Tenant shall have the right at any time and from time to time to encumber the leasehold estate created by this Lease by a Leasehold Mortgage (as defined below), deed of trust or other security instrument, including, without limitation, an assignment ofthe rents, issues and profits from the Parking Structure to secure repayment of a loan or loans and associated obligations made to Tenant by a Lender (as defined below) for the financing of the construction or development of the Parking Structure made pursuant to the terms of this Lease or for the temporary or permanent financing or refinancing of any such Parking Structure. Tenant shall deliver to Landlord promptly after execution by Landlord a true and verified copy of any Leasehold Mortgage and any amendment, modification or extension thereof, together with the name and address of the owner and holder thereof. Landlord shall not encumber or attempt to encumber the Project as security for any indebtedness of Landlord with respect to any other property now or hereinafter owned by Landlord, and any such attempt shall be null and void and also constitute a default hereunder. Tenant shall have the right to replace any construction financing obtained for purposes of building the Parking Structure with permanent financing secured by a mortgage on Tenant's leasehold interest in this Lease. Any financing secured by the Project shall be paid off on or before the 481 year of this Lease and no financing shall have an amortization schedule that would require payments after the 481 year of this Lease. Tenant shall not cross collateralize its interest in the Project for purposes ofproviding additional security to obtain financing for any asset other than the Proj ect. 11.2. Lender, Leasehold Mortgage. "Lender" shall mean (whether foreign or domestic) a commercial bank, national bank or savings and loan association, savings bank, trust company, finance company or insurance company or any pension, retirement or welfare trust or fund, or pension advisor or investment advisor investing funds for any such trust or fund or any limited partnerships, real estate investment trust or other entity investing in commercial mortgage loans or any life insurance company or any other similar institution in the business of making commercial mortgage loans or securitized mortgage financing (or trustees for any such investors) or a subsidiary or Affiliate of any such institution or any agent, designee or nominee of a lender which is wholly owned or any other entity commonly recognized by the lending community as a lender or any group or combination of the foregoing. "Leasehold Mortgage" shall mean any one or more mortgages, deeds of trust, deeds to secure debt, loan deeds, trust indentures, security agreements, assignment of rents, issues and profits or any similar security or title retention device, which shall, from time to time, create a lien or encumbrance upon the property, interest or rights of a party in its respective property and which shall be security for one or more notes, bonds or other evidences of indebtedness issued by a party. -19- 11.3. Lender's Rights Upon Tenant Default. During the term of any Leasehold Mortgage and until such time as the lien of any Leasehold Mortgage has been extinguished, the following shall apply: 11.3.1. General. Landlord shall not agree to any termination nor accept any surrender or cancellation of this Lease encumbered by the Leasehold Mortgage (except upon the expiration of the term of this Lease) nor shall Landlord consent to any amendment, modification or mortgaging or other hypothecation of this Lease without the prior written consent of Lender; 11.3.2. Landlord Notice to Lender. Notwithstanding any Event of Default by Tenant in the performance or observance of any covenant, condition or agreement of this Lease, Landlord shall have no right to terminate this Lease even though an Event of Default under this Lease shall have occurred and be continuing, or exercise its other remedies in connection with this Lease unless and until Landlord shall have given the Lender written notice of such Event of Default and Lender shall have failed either to remedy such default in accordance with Paragraph 11.3.4 below, to acquire Tenant's leasehold estate created hereby or to commence foreclosure or other appropriate proceedings in the nature thereof, all as set forth in, and within the time specified by this Paragraph 11; 11.3.3. Lender's Right to Cure. Subject to the other provisions of this Paragraph 11.3, any Lender shall, upon the occurrence of an Event of Default by Tenant, have the right, but not the obligation, to pay the Rent and other payments due hereunder as such become due (including any interest accrued thereon), to provide any insurance, to pay any taxes (including any penalties) and make any other payments, to make any repairs, to continue to construct and complete the Project, and do any other act or thing required of Tenant hereunder, and to do any act or thing which may be necessary and proper to be done in the performance and observance of the covenants, conditions and agreements, including without limitation any of the same as may be done in order to prevent the termination of this Lease or the exercise by Landlord of its other remedies in connection with this Lease. All payments so made and all things so done and performed by Lender, if done timely and in accordance with the other provisions of this Paragraph 11.3, shall be effective to prevent a termination of this Lease or the exercise by Landlord of its other remedies in connection with this Lease as the same would have been if made, done and performed by Tenant instead of by Lender. Any Lender exercising its rights hereunder to cure or remedy any breach or default shall be entitled to add the cost thereof to the Leasehold Mortgage debt and the lien of its Leasehold Mortgage; 11.3.4. Time Period and Manner of Curing. Should any Event of Default of Tenant under this Lease occur, Lender shall have 90 days after receipt of written notice from Landlord setting forth the nature of such Event of Default, to cure same in the event of a monetary default or to commence and thereafter proceed expeditiously to cure in the event of a non monetary default. If the Event of Default is such that possession of the Parking Structure may be -20- reasonably necessary to cure such default (payment of Rent or other monetary obligation not being such default) or if the default is of the type that cannot reasonably be cured by Lender, Lender shall, if it wishes to preserve its rights pursuant to this Paragraph 11, within such 90 day period, either commence and diligently prosecute a foreclosure action or such other proceeding or take whatever action to acquire Tenant's leasehold interest as may be necessary to enable Lender to obtain such possession and acquire title thereto. Landlord shall not terminate this Lease or otherwise exercise its remedies if the Event of Default of Tenant has been cured in the case of monetary defaults or if Lender is otherwise proceeding as provided herein in the event of non monetary defaults. Landlord's forbearance in taking action based upon the Event of Default of Tenant and in allowing Lender the opportunity to cure same (or, if the default cannot be cured by Lender), to acquire Tenant's leasehold interest in lieu of such cure is expressly dependent upon (a) Lender having fully cured any default in the payment of any Rent and other monetary obligations of Tenant under this Lease within such initial 90 day period and thereafter (if Tenant fails to do so) continuing to pay currently such Rent and other monetary obligations as and when the same are due, and (b) if possession is required in order to cure (it being agreed that no monetary Event of Default shall require possession in order to cure same), Lender shall have acquired Tenant's leasehold estate created hereby or commenced foreclosure or other appropriate proceedings in the nature thereof within such initial 90 day period or prior thereto, and shall be diligently and continuously prosecuting any such proceedings to completion to enable Lender to acquire possession and title to Tenant's leasehold interest. All rights of Landlord to terminate this Lease and to exercise its other remedies in connection with this Lease as the result of the occurrence of any such Event of Default of Tenant shall be subject to and conditioned upon Landlord having first given Lender written notice of such Event of Default and Lender having failed to remedy such default (or, if the default cannot reasonably be cured by Lender, to acquire Tenant's leasehold interest in lieu of such cure) as set forth in and within the time period specified by this Paragraph 11.3.4; 11.3.5. Nonmonetary Event of Default. A nonmonetary Event of Default of Tenant under this Lease which by the nature thereof cannot be cured by Lender without possession or ownership of the Parking Structure shall not be deemed required to be cured until Lender has possession and ownership thereof. If, after obtaining possession of the Parking Structure, Lender cannot cure such nonmonetary Event of Default, it shall be waived by Landlord if (a) within 90 days after receiving written notice from Landlord setting forth the nature of such Event of Default, Lender shall have acquired the Project in question or commenced foreclosure or other appropriate proceedings in the nature thereof or otherwise proceed to acquire the same, (b) Lender shall diligently and continuously prosecute any such proceedings to completion and acquisition and possession of the Parking Structure (c) Lender shall have fully cured any default in the payment of any Rent and other monetary obligations of Tenant under this Lease within such 90 day period and shall thereafter (if Tenant fails to do so) continue to faithfully and timely pay all Rent and other monetary obligations. 11.3.6. Lender's Acguisition of Leasehold. Upon the acquisition of Tenant's leasehold interest and the taking ofpossession ofthe Project by Lender under the provisions of this Paragraph, Lender shall perform all of the obligations of the Tenant hereunder as and when -21- the same become due or required and, in the case of those defaults reasonably capable of cure by Lender, will have 90 days to cure (or if the Event of Default cannot be reasonably cured within 90 days, then such additional time as may reasonably be necessary to cure the same provided Lender has commenced to cure the same within such 90 day period) those Events of Default which have already occurred including, but not limited to, the commencement of operation of the Project if the Project has not been operating during the proceedings. 11.3.7. Bankruptcy and Similar Proceedings Against Tenant. If the Lender is prohibited by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy, debtor rehabilitation or insolvency proceedings involving Tenant from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof or taking any other action required by subparagraph 11.3.4 and 11.3.5 above, the times specified in subparagraphs 11.3.4 and 11.3.5 above for commencing or prosecuting such foreclosure or other proceedings and for taking such other action shall be extended for the period of such prohibition, provided that Lender shall have, within the initial 90 day notice period, fully cured any default in the payment of any Rent or other monetary obligations of Tenant under this Lease and shall (if Tenant fails to do so), continue to pay currently such Rent or other monetary obligations of Tenant as and when the same fall due, and provided that Lender, within 120 days after the filing of such bankruptcy, debtor rehabilitation or insolvency proceedings, shall diligently attempt and continue to attempt to remove any such prohibition; 11.3.8. Method ofNotice. Landlord shall mail to Lender two duplicate copies by certified mail of any and all Events of Default and other notices that relate to noncompliance with the terms of the Agreement which Landlord may from time to time give to or serve upon Tenant pursuant to the provisions of this Lease, and no such notice shall be deemed to have been given until a copy thereof shall have been received by Lender; 11.3.9. Lender Foreclosure of Leasehold Mortgage. Foreclosure of a Leasehold Mortgage or any sale thereunder, whether by judicial proceedings or by virtue of any power of sale contained in the Leasehold Mortgage, or any conveyance of the Parking Structure from Tenant to Lender, its designee or nominee by virtue or in lieu of the foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent of Landlord or, provided Lender has complied with the provisions of Paragraph 11, constitute a breach of any provision of or an Event of Default under this Lease. Upon such foreclosure, sale or conveyance, Landlord shall recognize Lender, or any other foreclosure sale purchaser, as tenant hereunder, provided it complies with the provisions of the terms and conditions of this Lease. 11.3.10. Lease with Lender Upon Termination of Lease by Landlord. Should Landlord terminate this Lease by reason of any uncured Event of Default hereunder or should Landlord terminate this Lease without the consent of all Leasehold Mortgagees, Landlord shall give written notification thereof to each Leasehold Mortgagee affected thereby and Landlord shall, upon written request by Lender to Landlord received within 90 days after such termination, execute along with Lender and deliver within 60 days after such request, a new lease of the Parking Structure to -22- Lender for the remainder of the term of this Lease with the same covenants, conditions and agreements as are contained herein; provided, however, that Landlord's execution and delivery of such new lease of the Parking Structure, shall be made without representation or warranty of any kind or nature whatsoever either express or implied including, without limitation, any representation or warranty regarding title to the Project other than those contained in this Lease and in any event without representation or warranty as to the priority of such new lease. Landlord's obligation to enter into such new lease of the Parking Structure with the Lender shall be conditioned upon Lender, on the date the new lease is executed, having paid all Rent or other monetary defaults hereunder or thereunder and having remedied and cured all nonmonetary defaults of Tenant susceptible to cure by Lender. 11.4. No Waiver of Landlord's Obligations. Nothing contained herein or in any Leasehold Mortgage shall be deemed or construed to relieve Landlord from the full and faithful observance and performance of its covenants, conditions and agreements contained herein, or from any liability for the nonobservance or nonperformance thereof, or to require, allow or provide for the subordination to the lien of such Leasehold Mortgage or to any Lender of any estate, right, title or interest of Landlord in or to the Leased Property or this Lease. 11.5. No Financing Liability. Landlord shall not be required to join in the Leasehold Mortgage or be liable for it in any way. 11.6. Payment of Landlord's Attorneys' Fees. Any Lender which seeks the benefit of the terms and provisions of Paragraph 11 shall, as a condition of Landlord's performance thereunder, pay the reasonable attorneys' fees and costs of any outside counsel representing Landlord in connection therewith. 11.7. Estoppel Certificates from Landlord. Upon request of Tenant or any Leasehold Mortgagee or Subtenant, Landlord agrees, within ten (10) days after such request, to give such requesting party an estoppel certificate stating therein that Tenant is not in default, that the Lease is in full force and effect, and that all conditions for effectiveness of the Lease are satisfied and that the Lease has not been modified, or otherwise to specify which of the foregoing is not correct and to what extent. 11.8. Compliance with City Charter. For so long as the City of South Miami shall be the Landlord under this Lease, any mortgages or other security interests granted by Tenant with respect to the Parking Structure shall be in compliance with the Charter and the parties shall cause all appropriate notices to be filed with the office of the City Manager of South Miami. To the extent a Lender is unable to either foreclose on Tenant's (or a Successor Tenant's) interest in this Lease or transfer such leasehold interest to a third party because the City of South Miami Commission elects not to approve such transfer, the Landlord shall then either (a) purchase the Lender's interest in this Lease, or (b) the City shall assume the Tenant's (or a Successor Tenant's) obligations under this Lease. In the case of a purchase by the City of South Miami, the purchase price paid to the Lender shall be the amount set forth in the foreclosure judgment obtained by such Lender ( "Purchase Price). -23- In the case of an assumption by the City of South Miami, the City of South Miami shall provide the Lender with a guarantee of this Lease and shall pay to Lender all of Lender's reasonable cost in obtaining a foreclosure judgment against Tenant (or a Successor Tenant). In the case of a conflict between the provisions of this Subparagraph 11.8 and the balance of Paragraph 11, the provisions of this Subparagraph 11.8 shall control. 12. Events of Default by Tenant. The following events are hereby defined as "Events of Default" by Tenant: 12.1. Failure to Pay. Failure of Tenant to pay any Rent or any other payments of money as herein provided or required when due shall constitute a monetary default of Tenant hereunder. In the event that any Rent or other payment of money is not paid to Landlord on the date the same becomes due and payable, Landlord shall give Tenant written notice and a 45 -day period from receipt of such notice to pay same. If Tenant fails to pay the amount due to Landlord, together with all interest due thereon within such 45 day period, then Landlord will be entitled to proceed to exercise any and all remedies provided herein for an Event of Default, subject to the provisions of Paragraph 11. Tenant covenants and agrees to pay to Landlord interest on the amount thereof from the date such payment or installment became due and payable to the date of payment thereof, at the Default Rate. Until Landlord has provided Tenant with written notice pursuant to this subparagraph 12.1 and the time period for cure set forth in this Lease has elapsed without such cure having been effected, the failure of Tenant to perform or comply with the monetary covenants of this Lease shall not be deemed an Event of Default. 12.2. Failure to Perform. Failure of Tenant to perform in accordance with or to comply with any ofthe covenants, conditions and agreements which are to be performed or complied with by Tenant in this Lease other than those requiring payment of money as provided in Subparagraph 12.1 above, and the continuance of such failure for a period of 60 days after notice thereof in writing from Landlord to Tenant (which notice shall specify the respects in which Landlord contends that Tenant has failed to perform any such covenants, conditions and agreements), shall constitute an Event of Default; provided, however, if such default cannot with reasonable diligence be cured within 60 days and Tenant within such 60 -day period shall have commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure such default, then Tenant shall have such additional time as Tenant requires while and so long as Tenant continues to diligently prosecute all reasonable actions necessary to cure such default, provided further that if such default shall be due to Tenant's abandonment of the Parking Structure after the Commencement of Construction, then and in such event the additional time within which to cure such abandonment shall not exceed 60 days. Until Landlord has provided Tenant with written notice pursuant to this subparagraph 12.2 and the time periods for cure set forth in this Lease have elapsed without such cure having been effected, the failure of Tenant to perform or comply with the nonmonetary covenants, conditions and agreements of this Lease shall not be deemed an Event of Default. -24- 12.3. Bankruptcy. Etc. 12.3.1. Bankruptcy Filing. If an order of relief shall be entered upon any petition filed by or against Tenant, as debtor, seeking relief (or instituting a case) under Chapters 7, 9,11 or 13 of the Bankruptcy Code of 1978,11 U.S.C. (Sec. 10 et. seq.) or any successor thereto provided that Tenant is given 90 days after filing to discharge an involuntary bankruptcy action and is unable to do so within the time allowed, provided that the foregoing shall not be an Event of Default hereunder so long as the covenants and obligations on the part of Tenant to be performed hereunder are being performed by Tenant or someone claiming under Tenant. 12.3.2. Levy or Attachment. If the Project is levied upon or attached by process of law, and such levy or attachment is not discharged within 90 days from such levy or attachment; provided that the foregoing shall not be an Event of Default hereunder so long as the covenants and obligations on the part of Tenant to be performed hereunder are being performed by Tenant or someone claiming under Tenant. 12.3.3. Receiver, Etc. If a receiver or similar type of appointment or court appointee or nominee of any name or character is made for Tenant or its property, and such receiver or appointee or nominee is not discharged within 90 days of such appointment, provided that the foregoing shall not be an Event of Default hereunder so long as the covenants and obligations on the part of Tenant to be performed hereunder are being performed by Tenant or someone claiming under Tenant. 12.4. Remedies for Default by Tenant. If any of the Events of Default by Tenant shall occur, Landlord may, at its option, institute such proceedings as are reasonably necessary to cure such defaults or to compensate Landlord for damages resulting from such defaults, including but not limited to, the right to give to Tenant a notice of termination of this Lease. If such notice is given, except as otherwise provided in Paragraph 11 hereof, the term of this Lease shall terminate, upon the date specified in such notice from Landlord to Tenant, as fully and completely as if that date were the date herein originally fixed for the expiration of the term of this Lease, and on the date so specified, Tenant shall then quit and peaceably surrender to Landlord the Parking Structure. Upon the termination of this Lease, as provided in this Subparagraph 12.4 and subject to the provisions of Paragraph 11 hereof, all rights and interest of Tenant in and to the Parking Structure hereunder shall cease and terminate and Landlord may, in addition to any other rights and remedies it may have, retain all sums paid to it by Tenant under this Lease and/or exercise any and all rights, whether in law or in equity, that Landlord has against Tenant. 12.5. Events of Default by Landlord. The following events are hereby defined as "Events of Default" by Landlord: 12.5.1. Failure to Pay. Failure of Landlord to pay any payments of money due Tenant as herein provided or required when due shall constitute a monetary default of Landlord hereunder. In the event that any payment of money is not paid to Tenant on the date the same -25- becomes due and payable, Tenant shall give Landlord written notice and a 45 day period from receipt of such notice to pay same. If Landlord fails to pay the amount due to Tenant, together with all interest due thereon within such 45 day period, then Tenant will be entitled to proceed to exercise any and all remedies provided herein for an Event of Default. Landlord covenants and agrees to pay to Tenant interest on the amount thereof from the date such payment or installment became due and payable to the date ofpayment thereof, at the Default Rate. Until Tenant has provided Landlord with written notice pursuant to this subparagraph 12.5 and the time period for cure set forth in this Lease has elapsed without such cure having been effected, the failure of Landlord to perform or comply with the monetary covenants of this Lease shall not be deemed an Event of Default. 12.5.2. Failure to Perform. Failure ofLandlord to perform in accordance with or to comply with any of the other covenants, conditions and agreements which are to be performed or complied with by Landlord in this Lease, and the continuance of such failure for a period of 60 days after notice thereof in writing from Tenant to Landlord (which notice shall specify the respects in which Tenant contends that Landlord has failed to perform any such covenants, conditions and agreements), shall constitute an Event of Default; provided, however, if such default cannot with reasonable diligence be cured within 60 days and Landlord within said 60 day period shall have commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure such default then Landlord shall have such additional time as Landlord requires while and so long as Landlord continues to diligently prosecute all reasonable actions necessary to cure such default. Until Tenant has provided Landlord with written notice pursuant to this Subparagraph 12.5.1 and the time periods for cure set forth in this Lease have elapsed without such cure having been effected, the failure of Landlord to perform or comply with the covenants, conditions and agreements of this Lease shall not be deemed an Event of Default. 12.6. Remedies for Default by Landlord. If any of the Events of Default by Landlord shall occur, Tenant may, at its option, institute such proceedings as are reasonably necessary to cure such defaults or to compensate Tenant for damages resulting from such defaults. 13. Condemnation. 13.1. Taking of Entire Premises. If at any time during the term of this Lease the power of eminent domain shall be exercised by any federal, state, county or municipal sovereign or their proper delegatees, by condemnation proceeding (a "Taking ") to acquire the entire Parking Structure, such Taking shall be deemed to have caused this Lease to terminate and expire on the date of such Taking. Tenant shall have the right to recover from the award for a Taking, as hereinafter provided, an amount equal to the fair market value of the Parking Structure plus an amount equal to the value of Tenant's interest in the unexpired term of the leasehold estate created pursuant to this Lease, but in no event shall Tenant be entitled to compensation for any ownership interest in the Land. For the purpose of this Paragraph 13, the date of Taking shall be deemed to be either the date on which actual possession of the Parking Structure or a portion thereof, as the case may be, is acquired by any lawful power or authority or the date on which title vests therein, whichever is earlier. All Rents and other payments required to be paid by Tenant under this Lease shall be paid -26- up to the date of such Taking. Tenant shall keep, observe and perform all the terms of this Lease up to the date of such Taking. 13.2. Proceeds of Taking. In the event, following any Taking of the entire Parking Structure, this Lease is terminated, or in the event, following any Taking of less than the whole of the Parking Structure, this Lease is terminated as provided for in Paragraph 13.3 herein, the proceeds of any such Taking (whole or partial) shall be distributed as described in Paragraph 13.1. If the values of the respective interests of Landlord and Tenant shall be determined according to the foregoing provisions of this Paragraph 13 in the proceeding pursuant to which the Parking Structure shall have been taken, the values so determined shall be conclusive upon Landlord and Tenant. If such values shall not have been separately determined in such proceeding, such values shall be fixed by agreement between Landlord and Tenant, or if they are unable to agree, by an apportionment hearing within the condemnation proceeding so that the allocation between the parties is fair and equitable. 13.3. Partial Taking; Termination of Lease. If, in the event of a Taking of less than the entire Parking Structure, the remaining portion of the Parking Structure not so taken cannot be adequately restored, repaired or reconstructed so as to constitute a complete architectural unit of substantially the same usefulness, design, construction, and commercial feasibility, as immediately before such Taking, then Tenant shall have the right, to be exercised by written notice to Landlord within one hundred twenty (120) days after the date of the Taking, to terminate this Lease on a date to be specified in said notice, which date shall not be earlier than the date of such Taking, in which case Tenant shall pay and shall satisfy all Rents, and other payments due and accrued hereunder up to such date of such termination and shall perform all of the obligations of Tenant hereunder to such date and thereupon this Lease shall cease and terminate, in which event the Tenant's interest under this Lease in the remainder of the Parking Structure not taken shall be sold in accordance with applicable law and the proceeds of the sale shall be combined with the award given for the partial Taking, with the entire amount then being distributed as if a total Taking had occurred. Landlord shall have the option to purchase Tenant's interest under this Lease in the remainder of the Parking Structure at its fair market value for a period of sixty (60) days after the determination of fair market value, which value shall be determined within one hundred and fifty (150) days from the date the Lease was terminated. The fair market value specified in the preceding sentence shall be limited to the fair market value of the Parking Structure and the value of Tenant's interest in the unexpired term of the leasehold estate created pursuant to this Lease only and in no event shall such value include any remaining ownership interest in the Land. If Landlord fails to purchase, the remainder may be sold. 13.4. Partial Taking; Continuation of Lease. If the Lease is not terminated as herein above provided, then this Lease shall terminate as to the portion of the Parking Structure taken in such condemnation proceedings and, as to that portion of the Parking Structure not taken Tenant shall proceed at its own cost and expense either to make an adequate restoration, repair or reconstruction of the Parking Structure not taken. In such event, Tenant's share of the award, as determined in accordance with Paragraph 13.1 herein, shall be payable to Tenant's Leasehold -27- Mortgagee for application by said Leasehold Mortgagee to Tenant's reconstruction, repair or rebuilding. If the part of the award so paid to Tenant is insufficient to pay for such restoration, repair or reconstruction, Tenant shall pay the remaining cost thereof, and shall fully pay for all such restoration, repair and reconstruct ion, and complete the same free from mechanics' or materialmen's liens and shall at all times save Landlord free and harmless from any and all such liens. 13.5. Temporary Taking. If the whole or any part of the Parking Structure or of Tenant's interest under this Lease be taken or condemned by any competent authority for its or their temporary use or occupancy not exceeding one year, this Lease shall not terminate by reason thereof and Tenant shall continue to pay, in the manner and at the times herein specified, the full amounts of the rents, revenues and all other charges payable by Tenant hereunder, and, except only to the extent that Tenant may be prevented from so doing pursuant to the terms of the order, of the condemning authority, to perform and observe all of the other terms, covenants, conditions and all obligations hereof upon the part of Tenant to be performed and observed, as though such Taking had not occurred. In the event of any such temporary Taking, Tenant shall be entitled to receive the entire amount of any award made for such Taking (attributable to the period within the term of the Lease), whether paid by way of damages, rent or otherwise. Tenant covenants that, upon the termination of any such period of temporary Taking, prior to the expiration of the term of this Lease, it will, at its sole cost and expense, restore the Parking Structure, as nearly as may be reasonably possible, to the condition in which the same was immediately prior to such Taking. 13.6. Additional Takings. In case of a second, or any additional partial Taking or Takings from time to time, the provisions hereinabove contained shall apply to each such partial Taking. In the event any federal, state, county or municipal sovereign or their proper delegatees with the power of eminent domain appropriates or condemns all or a portion of the Parking Structure, the award shall be divided in accordance with the provisions of Paragraph 13.1. In that event, in accordance with the provisions hereof, Tenant shall restore, repair, or reconstruct any portion of the Parking Structure not taken; provided that if the award so paid to Tenant shall be insufficient to fully pay for such restoration, repair or reconstruction, Tenant shall have the option of: 13.6.1. Making Repairs. Repairing or reconstructing the remaining portion of the Parking Structure at its expense, in which event the provisions of Subparagraph 13.4 herein shall control, or 13.6.2. Terminating Lease. ease. Terminating the Lease in which event the provisions of Paragraph 13.3 herein shall control. 13.7. Inverse Condemnation or other Damages. In the event of damage to the value of the Parking Structure by reason of change of grade, access rights, street alignments or any other governmental or quasi - governmental act which constitutes an inverse condemnation of any portion of the Parking Structure creating a right to full compensation therefor, then Landlord and Tenant shall each be entitled to claim and receive from the net payment or award made on account thereof, the compensation for their respective estates and interests as set forth in Paragraph 13.1. ► IE 13.8. Involuntary Conversion. In the event any Taking or other like proceeding or threat or imminence thereof shall occur as provided for hereinabove or otherwise, Landlord and Tenant agree to cooperate with each other (especially in the event of a Taking under Paragraph 13.7) in order to provide proper evidence of communication of the proceeding or threat or imminence thereof (including evidence of like Takings under Paragraph 13.7), to the Internal Revenue Service for purposes of determining whether property has been voluntarily converted within the meaning of the Internal Revenue Code. 13.9. Payment ofFees and Costs. All fees and costs incurred in connection with any condemnation proceeding described in this Paragraph 13 shall be paid in accordance with the law governing same, as determined by the court or by arbitration, if appropriate. 14. Use and Care. 14.1. Use. Tenant shall use the Parking Structure for general office use, retail use and as a rental parking facility only. Tenant shall not use or permit the use of the Parking Structure for any purpose except as permitted herein unless Landlord gives its advance written consent. Tenant shall be permitted to use the sidewalks adjacent to the Parking Structure or any other area outside the Project for the solicitation of business to the extent permitted by applicable municipal, county, state or federal codes and regulations, and shall be permitted to use any sound broadcasting or amplifying device which can be heard outside of the Project to the extent permitted by applicable municipal, county, state or federal codes and regulations 14.2. Operating Standards. Tenant shall (i) maintain the Parking Structure in a clean, orderly and sanitary condition; (ii) not permit undue accumulation of garbage, trash, rubbish or other refuse in the Parking Structure; (iii) keep such refuse in proper containers inside the Parking Structure until normal pickup; and (iv) maintain and repair the Parking Structure and make all necessary repairs thereto. 14.3. Use Restrictions. Tenant shall not commit waste, perform acts or carry on any practices which are or may be a nuisance or injurious to other tenants or visitors of the Project. 14.4. Applicable Law. At all times, Tenant shall fully and promptly comply with all laws, local ordinances, orders and regulations of any lawful authority having jurisdiction over the Parking Structure, including without limitation, those relating to the environment, cleanliness, safety, occupation, and use of the Parking Structure. Notwithstanding the preceding sentence, Tenant shall not be obligated to perform, or be responsible for the cost of, any alterations or modifications of the Parking Structure necessary for it to comply with any future local, state, and/or federal laws. 14.5. Environmental. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Parking Structure by Tenant, its agents, employees, contractors or invitees, other than such Hazardous Materials as may be necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws -29- regulating any such Hazardous Material so brought upon or used or kept in or about the Parking Structure. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Florida, or the United States. 15. Repair and Maintenance. 15.1. Landlord's Responsibility. During the Lease Term, Landlord shall have no responsibility to maintain the Parking Structure, except for the repair, maintenance and replacement of the Landlord's parking spaces and meters located on the Second Level Parking Deck and ordinary municipal services and repairs provided to other commercial buildings in the City of South Miami. 15.2. Tenant's Responsibilities. During the Lease Term and with the exception of the Landlord parking spaces located on the Second Level Parking Deck, Tenant shall repair and maintain the Parking Structure. 16. Loss of Property. Landlord shall not be liable for any loss of any property of Tenant from the Parking Structure or for any damages to any property of Tenant, unless due to the wilful misconduct or gross negligence of Landlord or any of its employees, agents, or contractors. 17. Renovation. 17.1. Tenant's Rights. Tenant shall have the right, with Landlord's prior written approval, at any time and from time to time during the term of this Lease or any renewal thereof, at its sole cost and expense, to modify, remodel, expand, rebuild, alter and/or reconstruct the Parking Structure and to raze the Parking Structure provided any such razing shall be preliminary to and in connection with the rebuilding of a new Parking Structure provided further that: 17.1.1. Submission ofPlans and Specifications. The method, schedule, plans and specifications for such razing and rebuilding of a new Parking Structure or Parking Structures are submitted to Landlord for its approval at least sixty (60) days prior to commencement; and 17.1.2. Tenant to Obtain Approvals and Permits Tenant obtains all approvals, Permits and authorizations required under applicable ordinances and laws. Landlord agrees that its approval of the method, schedules, plans and specifications will not be arbitrarily or unreasonably withheld, conditioned or delayed. Landlord accepts no liability and waives no rights by reason of its approval of the method, schedule, plans and specifications for any such rebuilding of the Parking Structure. None of the foregoing provisions is intended to subject to Landlord's approval (i) any modifications, construction, replacements, or repair in the nature of "tenant work" (including, without limitation, interior improvements to space occupied or to be occupied by Subtenants) as such term is customarily used, (ii) emergency repairs or (iii) any normal and periodic maintenance, operation, and repair of the Parking Structure. -30- 17.2. Landlord's Cooperation. Landlord hereby agrees, within thirty (30) days after receipt of written notice from Tenant, and, subject to any limitations of its authority under Florida Statutes, the Code and general law and subject to Paragraph 17.1 and other provisions of this Lease, that the Landlord will issue to the Tenant a written determination either consenting to or rejecting Tenant's renovation proposal. Upon receipt of Landlord's consent, Landlord shall execute and deliver to Tenant any and all suitable applications or other authorizations required by any governmental or other body claiming jurisdiction in connection with any work which Tenant may do in accordance with this Lease. Any charges or expenses incurred pursuant to this Paragraph 17.2 for such applications for Permits, licenses, easements or other authorizations shall be borne solely by Tenant. 18. Access to Premises. Upon providing Tenant with at least one business day's prior written notice, Landlord, its agents and representatives, may, subject to compliance with Tenant's security procedures, enterthe Parking Structure forthe purposes ofphysical inspection and to exhibit the Parking Structure to prospective purchasers. Without such prior notice, Landlord, its agents and representatives, may enter the Parking Structure for emergency purposes only. This Paragraph 18 applies only to Landlord in its proprietary capacity as landlord under this Lease and shall in no way apply to the police power of the City of South Miami and the provisions of normal municipal services by the City of South Miami, including, but not limited to, the collection ofparking revenues and issuance of parking fines on the Second Level Parking Deck. 19. Operation and Management of Improvements. 19.1. Control of Parkinia Structure. Landlord hereby agrees that, subject to any limitations imposed by the terms of this Lease, Tenant shall be free to perform and exercise its rights under this Lease and shall have exclusive control and authority to direct, operate, lease and manage the Parking Structure, provided, however, that Landlord shall retain the right to disapprove and require the cessation of any conduct or activity that is illegal, immoral, or constitutes a public nuisance. Tenant covenants and agrees to continuously operate the Parking Structure consistent with prudent business practices to ensure that the Gross Income generated by the Parking Structure is comparable to that generated in similar facilities in similar locations and to provide security in a manner comparable to similar facilities in similar locations. Subject to applicable codes, ordinances and regulations, Tenant shall operate the Parking Structure so as to provide public access to the parking spaces within the Parking Structure at all times. Notwithstanding the foregoing sentence, Tenant's operation of the Parking Structure shall at all times be subject to contractual obligations of Tenant to the Subtenants and to all appropriate security, repair, maintenance and capital improvement requirements of Tenant. 19.2. Non - Interference. Landlord and Tenant hereby mutually agree not to interfere with the free flow of pedestrian or vehicular traffic to and from the Parking Structure and the surrounding area. They further agree that, except for those structures reasonably necessary for security and safety purposes, no fence, or any other structure of any kind (except as may be specifically permitted or maintained under the provisions of this Lease, indicated on approved Plans 31- or otherwise mutually agreed upon in writing) shall be placed, kept, permitted or maintained in such a fashion as to materially or adversely interfere with pedestrian or vehicular traffic to and from the Parking Structure. The foregoing shall not prohibit Tenant from closing the Parking Structure and denying access to the public at such times and in such manner as deemed necessary by Tenant during the development or construction of any portion of the Project, the repair and maintenance of the Parking Structure or in the operation of the Parking Structure. The Tenant will not engage in any activity that hampers the City's ability to provide municipal services. 19.3. Rights to Erect Signs; Revenue Therefrom. 19.3.1. Procedure for Signs. Landlord hereby agrees that Tenant, to the extent permitted by law shall have the exclusive right during the term of the Lease, to place, erect, maintain and operate, or cause, allow and control the placement, erection, maintenance and operation of any signs or advertisements in accordance with Paragraph 19.3.2 below, in or on the Project. Tenant shall be responsible for obtaining any and all Permits and licenses which may be required from time to time by any governmental authority for such signs and advertisements and Landlord agrees to execute any consents necessary or required by any governmental authority as part of Tenant's application for such Permits or licenses. 19.3.2. Allowable Signs. All types of signs and advertising which are in compliance with all applicable laws and ordinances shall be allowed. 19.3.3. Removal of Signs. Tenant shall have the right to remove any signs which, from time to time, may have become obsolete, unfit for use or which are no longer useful, necessary or profitable in the conduct of Tenant's business, or in the occupancy and enjoyment of the Project by Tenant, or any Subtenant. 19.3.4. Definition of Signs. As used in this Lease, "sign(s)" shall be deemed to include any display of characters, letters, illustrations, logos or any ornamentation designed or used as an advertisement or to indicate direction, irrespective of whether the same be temporary or permanent, electrical, illuminated, stationary or otherwise. 19.3.5. Revenue from Si ns. Tenant shall be entitled to rent or collect a fee for the display or erection of signs, advertisements, and the use of space for display or erection of signs. 19.4. Landlord's Signs Upon the Project. Landlord shall be allowed to place within the Project informational graphics at locations and in sizes mutually agreed upon by Landlord and Tenant. Landlord shall be responsible for the installation, maintenance, upkeep and ultimate removal and disposal of such graphics. Landlord shall also be responsible for the installation ofway finding signage in the vicinity of the Project. -32- 19.5. Night and Weekend Parkin for or Special Events. So long as the City of South Miami is the Landlord and by providing ten days prior written notice, the Landlord may request that Tenant provide public parking in the Parking Structure in excess of that provided by the Second Level Parking Deck. Tenant shall provide such additional parking by using all or a portion of the parking spaces of the Parking Structure (other than those parking spaces on the Second Level Parking Deck) for public parking. Tenant is obligated to provide such additional public parking only if the -same is allowed by all applicable codes, ordinances and laws, the providing of additional parking spaces by Tenant does not conflict with Tenant's existing parking obligations to Subtenants and others, the Tenant would not otherwise make those parking spaces available to the public at such times as requested by Landlord, and the Landlord reimburses Tenant, on a monthly basis, for any operating deficit suffered by Tenant due to the costs incurred by Tenant to provide such additional parking, including, but not limited to, security and insurance costs. Tenant, in its sole discretion, shall determine the parking policies to be applied to any such additional night and weekend parking and Landlord, by prior written notice may set the parking fees for any such additional night and weekend parking. 19.6. Indemnification. Tenant and Landlord hereby agree to indemnify and hold each other harmless from and against any liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorney's fees, to the extent that such charges are not paid out of any policies of insurance, which may be imposed upon, incurred by, or asserted against the indemnified party by reason of any act, omission or negligence on the part of the indemnifying party or its agents, contractors, servants, employees, licensees, invitees, partners, joint venturers or third parties, arising out of or occurring on the Parking Structure during the term of this Lease. This Subparagraph 19.6 shall not apply to any loss, damages or charges caused by the indemnified party, its employees or agents. This Subparagraph 19.6 shall survive the termination of the Lease. 20. Surrender of Parking Structure. Upon termination of this Lease, Tenant shall deliver to Landlord a quit -claim deed transferring all of Tenant's rights, title and interest to the Project in form satisfactory to the City of South Miami. The Parking Structure shall be free and clear of all liens, restrictions and encumbrances. Tenant shall remove its personal property and surrender possession of the Parking Structure in its "as is" condition. Tenant shall have no responsibility for making any extraordinary repairs or replacements, or establishing any reserves therefor, nor shall Tenant be required to make any representations orwarranties concerning the condition of the Parking Structure upon surrender. Tenant, however, does have the obligation to maintain the Parking Structure in such a way as is commercially reasonable when taking into account maintenance programs at similar parking garages in Miami -Dade County. 21. Destruction. 21.1. Tenant's Duty to Restore. If, at any time during the term of this Lease, the Parking Structure or any part thereof shall be damaged or destroyed by fire or other casualty covered within the insurance designation of fire and extended coverage as same is customarily written in the State of Florida, Tenant, at its sole cost and expense, shall proceed to repair, alter, restore, replace -33- or rebuild, as expeditiously as possible after receipt of insurance proceeds, the same as nearly as reasonably possible to its value, condition and character which existed immediately prior to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of this Lease and modern construction techniques and methods. Provided Tenant otherwise complies with the terms of this Lease and obtains Landlord's approval, it may construct buildings and improvements which are larger, different in use and represent, in Tenant's opinion, the highest and best use of the Land to the extent allowed by applicable Law and Ordinance. Such repairs, alterations, restoration, replacements or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Paragraph 21 as the "Work ". 21.2. Interrelationship of Lease Para - raphs. Except as otherwise provided in this Paragraph 21, the conditions under which any Work is to be performed and the method of proceeding with and performing the same shall be governed by all the provisions of Paragraph 8 and Paragraph 9. 21.3. Insurance Loss Payees. All policies of insurance required to be maintained by Tenant in accordance with Paragraph 23 shall provide that the loss thereunder shall be payable to Tenant and to any Leasehold Mortgagee under a standard mortgage endorsement. No Leasehold Mortgagee shall be permitted to unreasonably withhold its consent to a release of the net proceeds of any fire or other casualty insurance paid to the Tenant or any Leasehold Mortgagee for any loss which shall occur during the term of this Lease and for such repairing or rebuilding same, provided Tenant complies with reasonable requirements ofthe Leasehold Mortgagee preliminary to the release of said funds. Any proceeds remaining at completion shall be paid to and belong to Tenant. 21.4. Reconstruction Delay. If more than fifty percent (50 %) of the Parking Structure has been destroyed, Tenant, agrees to commence reconstruction as expeditiously as possible taking into account all conditions which apply to Tenant during such period. 21.5. Termination by Destruction. Notwithstanding anything to the contrary contained herein, in the event that the Parking Structure or any part thereof shall be damaged or destroyed by fire or other casualty during the last five (5) years of either the initial term of this Lease or any renewal term and the estimated cost for repair and restoration exceeds Five Hundred Thousand Dollars ($500,000.00), then Tenant shall have the right to terminate this Lease and its obligation hereunder by giving written notice to Landlord to such effect within one hundred twenty (120) days after such damage or destruction. In such an event this Lease shall terminate on the date specified in such notice (which shall not be earlier than thirty (30) days following the receipt of such notice or later than the expiration of the then term of this Lease) and the obligations of Tenant under this Lease. shall be prorated to the date of termination. Tenant shall have the obligation to raze the Parking Structure and return the Land to a municipal parking lot (with asphalt and striping, but without parking meters, lighting or any other improvements). In such an event all insurance proceeds shall belong to the Leasehold Mortgagee to the extent there remains unpaid principal or -34- interest due under any Leasehold Mortgage. If insurance proceeds exist in excess of the amount to be paid to any Leasehold Mortgagee the proceeds shall be used to raze the Parking Structure and return the Land to a clear and clean condition. Any remaining insurance proceeds shall belong to Tenant. 22. Sale of Leasehold, Subletting, Landlord's Assignment. 22.1. Right to Transfer Leasehold. During the term of this Lease, Tenant or any Successor Tenant may sell, assign, or otherwise transfer this Lease to such other persons, firms, corporations, partnerships unincorporated associations, joint ventures, estates, trusts, any federal state or municipal government, bureau, department or agency thereof or other entity (Successor Tenants) as Tenant shall select provided that said conveyance of the Tenant's leasehold interest receives the approval of the City Commission as required under the South Miami City Charter. (a) The City shall consider Tenant's request to transfer, sell or assign its leasehold interest and shall not unreasonably withhold its consent provided that the proposed transfer satisfies the following minimum standards: (i) The City Commission has determined in its reasonable discretion, after reviewing the current financial statements provided by the Successor Tenant, that the Successor Tenant has the financial strength, experience and capability to assume the obligations of the Lease Agreement and maintain the level of service required of Tenant under this Lease; (ii) the City Commission is satisfied after its due diligence that the controlling principals of the Successor Tenant have not been convicted of any felony related to financial fraud; (iii) there is no litigation, arbitration, governmental claim, investigation or proceeding pending or threatened against the Successor Tenant which would impede its ability to perform under the Lease Agreement (this requirement may be satisfied by a disclosure letter from the Successor Tenant's legal counsel); (iv) the Successor Tenant has not received a notice of violation of environmental laws and failed to settle or remedy any such violations (this requirement may be satisfied by a disclosure letter from the Successor Tenant's legal counsel); (v) the Successor Tenant has not been charged with violating applicable laws concerning employment and employment practices, terms and conditions of employment, wages and hours, occupational, safety and health, including laws concerning unfair labor practices within the meaning of Section 8 of the National Labor Relations Act and the employment of non - residence under the Immigration Reform and Control Act of 1986 and failing to settle or remedy the same (this requirement may be satisfied by a disclosure letter from the Successor Tenant's legal counsel); (b) such a sale, assignment or transfer shall be made expressly subject to the terms, covenants, and conditions of this Lease; and (c) there shall be delivered to. Landlord a duly executed and recordable copy of such transfer; and such transfer shall not be effective to bind Landlord until notice thereof is given to Landlord, and such notice shall designate the name and address of the Successor Tenant and the post office address of the place to which all notices required by this Lease shall be sent. Such Successor Tenant (and all succeeding and successor transferees) shall succeed to all rights and obligations of Tenant under this Lease, including the right to mortgage, encumber and otherwise assign and sublease subject, however, to all duties and obligations of Tenant in and pertaining to the then unexpired term of this Lease. Subject to the provisions of this Paragraph, upon such transfer by Tenant, or by a Successor Tenant in accordance with the requirements of this Paragraph 22, Tenant (and/or its successive Tenant or -35- Tenants) as transferor in such a transfer shall be released and discharged from all of its duties and obligations hereunder which pertain to the then unexpired term of this Lease, including the payment of Percentage Rents which are not then due and payable; it being the intention of this Lease that Tenant then in possession shall be liable for the payment of the Percentage Rents becoming due and payable during the term of its possession of the Parking Structure, and that there shall be no obligation on the part of Tenant (or any transferee) for the payment of any such Percentage Rents, which shall become due and payable subsequent to the termination of their possession of the Parking Structure under the terms of this Lease. Any act required to be performed by Tenant pursuant to the terms of this Lease may be performed by Successor Tenant or Sublessee of Tenant and the performance of such act shall be deemed to be performed by Tenant and shall be acceptable as Tenant's act by Landlord, provided such act is otherwise performed in accordance with the terms of this Lease. 22.1.1. Rights to Sublease. Tenant shall have the right to sublease all or any portion of the retail, office and parking space components of the Parking Structure without any. approval of or consent from Landlord provided Tenant remains liable under the Lease for the portion of the Parking Structure being subleased. Landlord agrees that any rights of Landlord hereunder to reenter and take possession of the Parking Structure shall be subordinate to the rights of any such Subtenant to continue peaceably in possession under any and all Subleases, provided that such Subtenant be in conformity with the terms and conditions of its lease. Landlord further agrees that upon the receipt of any request from Tenant, Subtenant, or Leasehold or Subleasehold Mortgagee(s), it will grant such assurances to such Subtenant as may be requested of their continued right to occupy a portion of the retail or office component of the Parking Structure pursuant to the terms of their leases so long as they remain in compliance with the terms of their leases, and provided further that any such leases do not extend beyond the expiration of the term of this Lease. 22.2. Landlord Assi ng ment. If the interest of Landlord under this Lease is transferred voluntarily to a purchaser or other party ( "Transferee "), Tenant shall be bound to such Transferee for the balance of the Lease Term remaining, and any extensions or renewals thereof which may be effected in accordance with the terms and provisions hereof, with the same force and effect as if the Transferee were the Landlord under this Lease, and Tenant does hereby agree to attorn to the Transferee, as its Landlord, such attornment to be effective and self - operative without the execution of any further instruments upon the Transferee succeeding to the interest of the Landlord under this Lease. The respective rights and obligations of Tenant and the Transferee upon such attornment to the extent of the then remaining balance of the Lease Term and any such extensions and renewals shall be and are the same as those set forth herein. In the event of such transfer of Landlord's interest, Landlord shall be released and relieved from all liability and responsibility thereafter accruing but shall remain liable for all its obligations to Tenant prior to the date of such transfer. 22.3. Compliance with City Charter. For so long as the City of South Miami shall be the Landlord under this Lease, any sale of Tenant's leasehold interest hereunder, subletting or assignment of Tenant's leasehold interest hereunder with respect to the Parking Structure shall be -36- in compliance with the Charter and the parties shall cause all appropriate notices to be filed with the office of the City Manager of South Miami. In the case of a conflict between the provisions of this Subparagraph 22.3 and the balance of Paragraph 22, the provisions of this Subparagraph 22.3 shall control. 22.4. Right of First Refusal. Upon Landlord's exercise of its right to assign the Lease to a third party as provided in Paragraph 22.2, Landlord shall provide written notice of the terms and conditions of the proposed assignment of the Lease as well as the terms and conditions for any proposed sale of the Land ( "Sale Notice "). Tenant shall have fifteen business days in which to deliver written notice ( "Acceptance Notice ") to Landlord of Tenant's intent to purchase the Landlord's interest in the Lease and the Land on the same terms and conditions as referenced in the Sale Notice. If the Tenant delivers the Acceptance Notice to Landlord on a timely basis, Landlord shall convey the Land to Tenant for the price and on the terms contained in the Sale Notice. Unless the Sale Notice provides otherwise, the closing for Tenant's purchase of Landlord's interest in the Lease and Land shall be within 120 days of Landlord's receipt of the Acceptance Notice. If the Tenant fails to deliver the Acceptance Notice to Landlord on a timely basis, the Landlord shall be at liberty to sell and convey the Land as provided in the Sales Notice. In the event Tenant exercises its right to purchase the Land as provided in this Subparagraph 22.4, Landlord's interest in this Lease shall be assigned to Tenant as of the closing date of Tenant's purchase of the Land and the parties shall have no further liabilities or obligations to each other hereunder. 22.5. Fee Upon Transfer of Leasehold. Upon Tenant's transfer of its leasehold interest in the Project as provided in Subparagraph 22.1 above, Tenant shall pay Landlord a transfer fee (the "Transfer Fee ") as provided in this Subparagraph 22.5. The Transfer Fee shall equal 2.5% of the net profit from the transfer of the leasehold by Tenant if the net profit is equal or less than $1,400,000. If the net profit from the transfer of the leasehold by Tenant exceeds $1,400,000, the Transfer Fee shall be $35,000 plus 7% of the amount by which the net profit exceeds $1,400,000. The net profit from the transfer of the leasehold by Tenant shall be determined under generally accepted accounting principles and shall apply only to monies actually received by Tenant (or liabilities from which Tenant is actually relieved). 22.6. Mark Richman Purchaser of Leasehold Interest. As of the Effective Date, Mark Richman is approved as a purchaser of Tenant's leasehold interest in the Project and is deemed to satisfy all of the criteria listed in Subparagraph 22.1 for approval of a proposed transferee of the leasehold interest in the Project. At such time in the future as Mark Richman may become a transferee of Tenant's leasehold interest in the Project, Mark Richman shall be an approved transferee so long as he continues to satisfy the conditions listed in Subparagraph 22.1 after the Effective Date. 23. Insurance. 23.1. Acquisition of Insurance Policies. Tenant shall, at its sole cost and expense, procure and maintain, or cause to be procured and maintained, during the entire Lease Term the -37- insurance described in this Paragraph 23 (or its then available equivalent), which insurance shall be subject to Landlord's review and approval (which approval shall not be unreasonably withheld or delayed) and shall name Landlord as an additional insured. Policy limits shall be reviewed annually and may be adjusted if prudent, considering levels of inflation, risk of loss, premium expenses, and other relevant factors. 23.2. Types of Required Insurance. Tenant shall procure and maintain the following: 23.2.1. Commercial General Liability Insurance. After Completion of Construction, commercial general liability insurance covering all claims with respect to injuries or damages to persons or property sustained in, on or about the Parking Structure and the appurtenances thereto, including the sidewalks and alleyways adjacent thereto, which shall contain a "contractual liability" and a cross - liability clause, with limits of liability (which limits shall be adjusted as provided in Paragraph 23.1 above) no less than the following: Commercial General Liability One Million Dollars ($1,000;000) each occurrence 23.2.2. Umbrella Liability Insurance. Umbrella liability insurance in the amount of Three Million Dollars ($3,000,000). 23.2.3. Physical Property Damage Insurance. After Completion of Construction, physical damage insurance covering all real and personal property, excluding property paid for by Subtenants or paid for by Tenant for which Subtenants have reimbursed Tenant, located on or in, or constituting a part of, the Parking Structure in an amount equal to at least one hundred percent (100 %) of the new replacement cost of all such property (or such lesser amount as Landlord may approve in writing). Such insurance shall (a) be provided on an all risk or special form property coverage as may be customary for like properties in the vicinity of the Project from time to time during the term of this Lease and (b) cover explosion of steam and pressure boilers and similar apparatus located in the Parking Structure, subject in each case to deductibles approved by any Leasehold Mortgagees of the Parking Structure. Tenant shall not be required to maintain insurance for either earthquake or war risks; provided, however, if Tenant shall obtain any such coverages, then, for as long as such insurance is maintained by Tenant, Landlord shall be entitled to the benefits of the first sentence of Paragraph 23.3 hereof, and Paragraph 23.3.3. 23.2.4. Builder's Risk Insurance. During construction of the Project, contingent liability and builder's risk insurance upon the entire work on the Parking Structure to the current one hundred percent (100 %) replacement value thereof against "all risks" of physical loss or damage to the property insured. Such insurance shall be provided by Tenant's general contractor. 9". 23.2.5. Business Interruption. After construction of the Project, business interruption insurance in an amount not less six months of revenue for the Parking Structure. 23.3. Terms of Insurance. The policies required under Paragraph 23.2 shall name Landlord as additional insured and Tenant shall provide to Landlord certificates of insurance and copies ofpolicies obtained by Tenant hereunder promptly upon the request of Landlord as and when received by Tenant. Further, all policies of insurance described in Paragraph 23.2 shall: 23.3.1. Primary Policies. Be written as primary policies not contributing with and not in excess of coverage that Landlord may carry. 23.3.2. Notice of Change or Cancellation. Contain an endorsement providing that such insurance may not be materially changed or amended with respect to Landlord except after twenty (20) days prior written notice from insurance company to Landlord, and may not be canceled with respect to Landlord except after thirty (30) days prior written notice from insurance company to Landlord. 23.3.3. Landlord Not Responsible for Notice or Premiums. Expressly provide that Landlord shall not be required to give notice of accidents or claims and that Landlord shall have no liability for premiums. 23.3.4. Insurance Company Rating. Be written by insurance companies having a Best's rating of "B +" or equivalent, if available, which insurance companies shall otherwise be reasonably acceptable to Landlord. 23.3.5. Mortgage Endorsement. Provide a standard mortgage endorsement as contemplated in Paragraph 21.3. 23.4. Landlord's Acquisition of Insurance. If Tenant at any time during the Term fails to procure or maintain insurance required hereunder or to pay the premiums therefor, Landlord shall have the right to procure the same and to pay any and all premiums thereon, and any amounts paid by Landlord in connection with the acquisition of insurance shall be immediately due and payable as additional Rent, and Tenant shall pay to Landlord upon demand the full amount so paid and expended by Landlord. Any policies of insurance obtained by Landlord covering physical damage to the Premises shall contain a waiver of subrogation against Tenant if and to the extent such waiver is obtainable and if Tenant pays to Landlord on demand the additional costs, if any, incurred in obtaining such waiver. 23.5. Insurance Monet/ and Other Funds Held in Trust. All insurance money received by the Tenant shall be held in trust and shall be applied as follows: First, to any Leasehold Mortgagee as required under the terms of its Mortgage, provided that such Mortgage was of record and secured a loan made or committed to Tenant in compliance with all of the terms and conditions -39- of this Lease prior to the occurrence of such loss; second, for the purpose of defraying the cost of repairing, restoring, replacing, or rebuilding any structure or improvement on or in the Parking Structure as provided in Paragraph 23.6 hereof, and, third, if the damaged or destroyed structure or improvement is not repaired, restored, replaced, or rebuilt as hereinafter provided, said funds shall be disposed of as provided in Paragraph 23.6. Any of said funds not utilized at the end of the Term hereof shall be disposed of as set forth in Paragraph 23.6.1. 23.6. Application of Proceeds of Physical Damage Insurance. In the case of any loss covered by any insurance policies described in Paragraph 23.2.3. (Physical Property Damage Insurance), the application of insurance proceeds from damage or loss to property shall be determined in accordance with Paragraph 21 hereof and, in the event of any such repair, replacement, restoration, or rebuilding, the Tenant shall apply the proceeds of the insurance collected to the cost of such work upon completion in form satisfactory to the licensed architect or engineer in charge of the work. Any amounts payable to Tenant for work or services performed or materials provided as part of any such repair, replacement, restoration, or rebuilding shall not exceed competitive rates for such services or materials and Tenant shall, upon request of Landlord, make available to Landlord and its representatives all books and records of Tenant relating to such work, services, and materials. Upon completion of such-repair, replacement, restoration, or rebuilding in accordance with the provisions of this Lease, and the full payment therefor (so no liens, encumbrances, or claims with respect thereto can be asserted on account of such work against the Parking Structure, this Lease, Landlord, or Tenant other than any Mortgage permitted under the terms hereof), any insurance proceeds received by the Tenant or Landlord with respect to the damage or destruction involved, and not used, shall be paid to Tenant. 23.6.1. Distribution of Unutilized Proceeds. Upon the termination of this Lease, including a termination as a consequence of damage or destruction of the Parking Structure, such insurance proceeds received and held by the Tenant or Landlord and not used for repair, replacement, or reconstruction (the "Available Proceeds ") shall be disposed of as follows: (a) First, to the holder of any Leasehold Mortgage pursuant to Paragraph 11 hereof to the extent of the unpaid balance of the Loan, if there is such an unpaid Loan; (b) Second, the balance of the Available Proceeds shall be paid to the Landlord in an amount sufficient to remove any improvements rendered unusable and not repaired and to return the Land to a municipal parking lot (with asphalt and striping, but without parking meters, lighting or any other improvements); and (c) Any remainder shall be paid to Tenant. 23.7. Insurance Appraiser. The determinations required under this Paragraph 23 shall be made by an independent qualified insurance appraiser selected by the parties, whose decision shall not be subject to arbitration. If the parties cannot agree on the insurance appraiser within thirty (30) days after the date of such damage or destruction, then each party shall appoint an .m insurance appraiserwho shall jointly choose athird insurance appraiser (the "Independent Insurance Appraiser "). The written decision of the Independent Insurance Appraiser shall be binding on Tenant and Landlord. 23.8. Waiver of Subrogation. Landlord and Tenant hereby release each other from any and all liability or responsibility (to the other or anyone claiming through or under the other by way of subrogation or otherwise) for any loss or damage to real or personal property on the Parking Structure caused by fire or any other insured peril, even if such fire or other casualty shall have been caused by the fault or negligence of the other party or anyone for whom such party may be responsible. Landlord and Tenant shall each procure insurance policies with such a waiver of subrogation and with a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder; provided, however, if policies with such a clause or endorsement shall not be obtainable or shall be obtainable only at a premium over that chargeable without such waiver, the party seeking such policy shall notify the other thereof, and the latter shall have ten (10) days thereafter either (a) to procure such insurance in companies reasonably satisfactory to the other party or (b) to agree to pay such additional premium. If neither (a) nor (b) is done, this Paragraph shall have no effect during such time as such policies shall not be obtainable or the party in whose favor a waiver of subrogation is desired shall refuse to pay the additional premium. If such policies shall at any time be unobtainable, but shall be subsequently obtainable, neither party shall be subsequently liable for a failure to obtain such insurance until a reasonable time after notification thereof by the other party. 23.9. Landlord's Insurance. Landlord shall, at its sole cost and expense, procure and maintain, or cause to be procured and maintained, during the entire Lease Term the insurance covering liability for any damage caused by Landlord, or Landlord's agent, in the Project, which insurance shall be subject to Tenant's review and approval (which approval shall not be unreasonably withheld or delayed). Policy limits shall be reviewed annually and may be adjusted if prudent, considering levels of inflation, risk of loss, premium expenses, and other relevant factors. The policies required under this Subparagraph 23.9 shall name Tenant as additional insured and Landlord shall provide to Tenant certificates of insurance and copies of policies obtained by Landlord hereunder promptly upon the request of Tenant as and when received by Landlord. Further, all policies of insurance described in this Subparagraph 23.9 shall (i) contain an endorsement providing that such insurance may not be materially changed or amended with respect to Tenant except after twenty (20) days prior written notice from insurance company to Tenant, (ii) may not be canceled with respect to Tenant except after thirty (30) days prior written notice from insurance company to Tenant, (iii) expressly provide that Tenant shall not be required to give notice of accidents or claims and that Tenant shall have no liability for premiums and (iv) be written by insurance companies having a Best's rating of "B +" or equivalent, if available, which insurance companies shall otherwise be reasonably acceptable to Tenant. 24. Relation of the Parties. The execution of this Lease or the performance of any act pursuant to the provisions thereof shall not be deemed or construed to have the effect of creating -41- between Landlord and Tenant the relationship of principal or agent, or of partnership or joint venture. 25. Acts of God: Unavoidable Delays. 25.1. Acts of God. Notwithstanding any other provision herein to the, contrary, provided such cause is not due to the willful act or neglect of the party asserting its rights under this Paragraph, a party shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this Lease if the same should be due to any hurricane, windstorm, tornado, lightning, flood, strike, lock -out, civil commotion, war -like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any materials, service or financing, through act of God or other cause beyond the control of such party. 25.2. Unavoidable Delays. Any delay resulting from Unavoidable Delays shall extend the time for completion and performance dates under this Lease. Tenant shall not be liable for loss or damage or deemed to be in default hereof due to any such Unavoidable Delay(s), provided that such Unavoidable Delay is not caused by the fault or negligence of Tenant. 26. Landlord's Covenant of Quiet EnjoyD2ent. If Tenant observes and performs all the covenants, terms and conditions hereof, Tenant and Subtenants shall peaceably and quietly hold and enjoy the Project for the Lease Term without interruption by Landlord or any person or persons claiming by, through or under Landlord, subject to the terms and conditions of this Lease. 27. Brokerage. Landlord and Tenant represent and warrant that they have dealt with no broker, agent, or other person in connection with this transaction. Each party agrees to indemnify the other should a broker prevail on a claim for a brokerage commission earned due to the execution of this Lease and the construction of the Project. 28. Time of Essence. Time shall be of the essence with regard to the performance by Tenant and Landlord of all of their respective obligations hereunder. 29. Notices. All notices, demands, consents, and reports provided hereunder shall be in writing and shall be given to the parties at the addresses set forth below or at such other address as any of the parties may hereafter specify by notice given in the same manner: As to Landlord: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Charles Scurr, City Manager -42- With copy to: Earl Gallop City Attorney for the City of South Miami Nagin Gallop Figueredo 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 As to Tenant: SPG Phase One, Ltd. 7150 S.W. 62 11 Avenue Miami, Florida 33143 Attn: Albert S. Elias, President With copy to: Richard J. Razook Thomson Muraro Razook & Hart, P.A. One Southeast Third Avenue, Suite 1700 Miami, Florida 33131 Such notice or other communication, together with appropriate copies, may be mailed by United States registered or certified mail, return receipt requested, postage prepaid or delivered by hand or by telecopy. If the notice and copy are mailed, then such notice or other communication shall be deemed to have been received by the addressee on the date of actual receipt as evidenced by postal or other receipt. 30. Compliance with Laws and Ordinances. 30.1. Compliance. Throughout the term ofthis Lease, Tenant, at Tenant's sole cost and expense, and Landlord, at Landlord's sole cost and expense, shall promptly comply with all applicable laws, regulations and ordinances. 30.2. Contest by Tenant. Tenant shall have the right, after prior written notice to Landlord, to contest the validity or application of any law or ordinance by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant without cost or expense to Landlord. If counsel is required, the same shall be selected and paid by Tenant. To the extent that Tenant's compliance shall require the cooperation and participation of Landlord, Landlord agrees to cooperate and participate. Landlord hereby agrees to execute and deliver any appropriate papers, affidavits, forms or other such documents reasonably necessary for Tenant to contest the validity or application of any law or ordinance and approved by counsel for Landlord, which approval shall not be unreasonably withheld or delayed. -43- 31. Representations and Warranties. 31.1. Landlord's Representations. Landlord hereby represents to Tenant that: 31.1.1. Free of Violations. The Land is free and clear of any violations of laws, regulations and ordinances. 31.1.2. No Actions Affecting Use. There are no existing rules, regulations, citations, ordinances or orders of any municipal, county, state or other governmental agency which adversely affect the use of the Land in a manner inconsistent with this Lease and no such adverse effect or change is threatened, pending or imminent. 31.1.3. No Sewer Impairments. There are no administrative or other proceedings pending, threatened or imminent which would in any way interfere with, preclude or impair the furnishing of sewer and water treatment services to the Land. 31.1.4. No Moratori a. There are no building, utility, sewer or other moratoria currently in effect, pending, threatened or imminent, which would adversely affect construction of any improvements or the issuance of any Permits with respect to the Land. 31.2. Landlord's Warranties. Landlord hereby warrants to Tenant that: 31.2.1. Authority to Bind. Landlord has full power and authority to enter into this Lease and perform in accordance with its terms and provisions; that the parties signing this Lease on behalf of Landlord have the authority to bind Landlord and to enter into this transaction and Landlord has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Lease. 31.2.2. Free of Tenancies. Landlord shall deliver possession of the Land to Tenant free and clear of any and all tenancies and occupancies, subject only to the rights reserved herein to Landlord. 31.3. Tenant's Representations and Warranties. Tenant hereby represents and warrants to Landlord that: 31.3.1. Authority to Bind. It has full power and authority to enter into this Lease and perform in accordance with its terms and provisions; that the parties signing this Lease on behalf of Tenant have the authority to bind Tenant and to enter into this transaction and Tenant has taken all requisite action and steps to legally authorize it to execute, deliver and perform pursuant to this Lease. 32. Exculpation. Notwithstanding anything contained to the contrary or any other provision of this Lease, it is specifically agreed and understood that there shall be absolutely no personal liability on the part of Tenant's individual officers, directors, stockholders, partners (general and limited) or co- venturers of Tenant, or any assignee or successor -in- interest of Tenant with -44- respect to any obligations, terms, covenants and conditions of this Lease, and Landlord shall look solely to the equity of Tenant or any such assignee or successor -in- interest in the leasehold estate of Tenant under this Lease for the satisfaction of each and every remedy of Landlord in the event of any breach by Tenant or by any such assignee or successor -in- interest of any of the obligations, terms, covenants and conditions of this Lease to be performed by Tenant. 33. Airspace Reversion Rights. The Conveyance of the Airspace to Tenant shall be subject to the Airspace Reversion Rights in favor of MRP. The Conveyance of the Airspace shall be subject to reversion if, after completion of the New MRP Building as contemplated by Article 13 of the MRP Agreement, there is a destruction of the Project and neither Tenant nor Landlord elect to cause the shell of the New MRP Building to be rebuilt in accordance with the terms of this Lease and the MRP Agreement. In connection therewith, the Tenant and the Landlord shall be provided 180 days after a destruction to proceed to have the New MRP Building reconstructed substantially in accordance with the Plans (subject to any changes in applicable building codes or other legal requirements), or else it shall be determined that the Landlord and the Tenant have elected not to proceed with reconstruction of the New MRP Building. If the Airspace reverts to MRP as provided in this Paragraph 33, Landlord and Tenant shall execute all documents reasonably necessary to reconvey the Airspace to MRP. The security interest of any Lender in the Project shall be subject to the Airspace Reversion Rights in favor of MRP. 34. Rights With Respect to Old MRP Building. It is hereby acknowledged that the Old MRP Building does not meet current zoning standards in the City of South Miami with respect to parking requirements and possibly other matters. The Old MRP Building consists of approximately 8000 square feet and has parking spaces. In connection with the potential that the Old MRP Building may be demolished pursuant to this Lease and the MRP Agreement and subsequently the Project may not be completed, or the potential that the Project may be destroyed and the New MRP Building not rebuilt, it is hereby confirmed and agreed as follows (the "Reconstruction Rights "): 34.1. Prior to Construction. In the event the Old MRP Building is demolished and the Project is not constructed, then MRP shall retain the right to reconstruct a building having the same square footage, footprint and available parking spaces as the Old MRP Building. 34.2. Destruction After Construction. In the event the Project is constructed, thereafter destroyed and the New MRP Building is not reconstructed, then the same rights as in Subparagraph 34.1 above shall apply and MRP shall have the right to re- construct a building as set forth in Subparagraph 34.1 above. 35. MRP Consideration. The Landlord and the Tenant acknowledge and agree that MRP would not enter into the MRP Agreement and otherwise convey the Airspace as set forth in the MRP Agreement, absent the irrevocable consent and agreement of the Landlord to the provisions of Paragraph 33 and 34 of this Lease with respect to the Airspace Reversion Rights and the Reconstruction Rights. 36. General Provisions. 36.1. SeverabilitY. If any provision of this Lease or the application thereof to any person or circumstances is held invalid, prohibited, or unenforceable for any reason, this Lease shall -45- be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 36.2. No Waiver. The failure of a party to insist upon strict performance of any term, to claim any interest, or to exercise any power, right or option contained in this Lease, in any one or more instances, shall not be construed to be or constitute in fact a waiver or relinquishment of that party's right to assert and enforce its rights regarding any such term, interest, right, power, or option in any future instance. 36.3. Entire Agreement. This Lease, including all Exhibits referenced herein and to the extent incorporated by reference the MRP Agreement, represents the entire agreement of the parties and is intended as a complete and exclusive statement of the terms thereof. Any oral or written inducements, representations, warranties, agreements or other communications made prior to the execution of this Lease shall be void and ineffective for all purposes. 36.4. Successors and Assigns. This Lease shall be binding upon the successors, assigns, and representatives of the parties hereto. 36.5. Modification and Rescission. This Lease maybe modified or rescinded only by a writing signed by the parties making specific reference hereto. For so long as the City of South Miami is the Landlord, any modification or rescission of this Lease shall require the approval of the City of South Miami Commission. 36.6. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Florida without regard to its conflicts or choice of law and venue for any proceeding hereunder shall be in the Circuit Court for and in Miami -Dade County, Florida. 36.7. Interpretation. Unless the context of this Lease indicates a contrary intent, words in the singular shall include the plural and vice - versa, and words in the masculine gender shall include the feminine or neuter genders as appropriate. Paragraph headings are for convenience only and shall not in any way affect the interpretation of any provision of this Lease. Florida law: 36.8. Radon Disclosure. The following disclosure is required to be furnished under "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health center." 36.9. No Discrimination. Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual preference, age, ancestry, marital status, handicap, place of birth, or national origin. The Tenant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment, without regard to their race, religion, color, sex, age, ancestry, marital status, handicap, place of birth -46- or national origin. Such actions shall include, but not be limited to, the following: employment; upgrading; transfer or demotion; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. 36.10. Attorneys' Fees. If any action is brought to enforce this Lease, or to rescind the same, or to collect damages for an alleged breach hereof, or for a declaratory judgment hereunder, the prevailing party in such action or arbitration, whether Landlord or Tenant, shall be entitled to an allowance for reasonable attorneys' fees (whether at the pretrial, trial or appellate level), in addition to costs of suit or arbitration. Attorneys' fees payable under this Subparagraph 36.10 shall not exceed 25% of the amount of damages awarded to the prevailing party and no party shall be entitled to pre judgment interest. 33.11. Reasonableness of Approvals. Pursuant to this Lease Agreement, the Landlord and the Tenant are required to give approvals to various matters effecting each other's rights. In considering whether to give such approval, the Landlord and Tenant shall act in good faith and in a commercially reasonable manner unless otherwise provided herein. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. Unless specified otherwise, where approval or consent of the City is required under this Agreement, such consent or approval shall be deemed to refer to the City's consent or approval as a property owner, and such consent or approval shall be contractual in nature and shall not be in lieu of any required governmental approval of City. 33.12. Duplicate Originals. This Lease is fully executed by the parties in duplicate identical original instruments, either of which may be introduced into evidence in any proceeding ,as conclusive proof of the text thereof. Each party acknowledges receipt of one fully executed Lease. 33.13. Memorandum of Lease. The Landlord and Tenant shall record either this Lease or a memorandum of lease in the Public Records of Miami -Dade County, Florida at such time as requested by and in a form acceptable to the Construction Lender. IN WITNESS WHEREFORE, this Lease has been executed and caused to be delivered in Miami -Dade County, Florida, to be effective in all respects as of August , 2000 ( "Effective Date "). WITNESSED: TENANT: SPG Phase One, Ltd., a Florida limited partnership -47- By The Initial Phase, Inc., its sole general partner By: Albert S. Elias, President Date: LANDLORD: City of South Miami, a municipality of Miami -Dade County, Florida I' 0 Charles Scurr, City Manager Date: SWORN TO AND SUBSCRIBED before me this day of August, 2000, by Albert S. Elias, as president of The Initial Phase, Inc., a Florida corporation, on behalf of the corporation. He (a) is personally known to me, or (b) has produced as identification. My commission expires: Notary Public - State of Florida Name: [SEAL] SWORN TO AND SUBSCRIBED before me this day of August, 2000, by Charles Scurr, as City Manager of the City of South Miami, Florida, on behalf of the City of South Miami, Florida. He (a) is personally known to me, or (b) has produced as identification. My commission expires: Notary Public - State of Florida Name: .• [SEAL] EXHIBIT A Legal Description of City Land Lot 35, LESS the West 5.0 feet thereof, and Lot 36, LESS the South 40.09 feet thereof, and Lot 48, LESS the South 10.0 feet thereof, and all of Lots 49 and 50, W.A. LARKIN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 198 of the Public Records of Dade County, Florida. Together with: The South 40.09 feet of Lot 36, LESS the West 5.0 feet and Lot 37 LESS the West 5.0 feet and LESS the South 10.0 feet thereof, W.A. LARKIN's SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, at Page 198 of the Public Records of Dade County, Florida. -49- EXHIBIT B Legal Description of NW Land -50- Title Exceptions for City Land -51- Form of Certificate of Waiver of Title Requirements and Airspace Conditions and Establishment of Lease Commencement Date -52- Attachment C August 15, 2000 MEMORANDUM TO: City Mayor and City Commission FROM: City Attorney's Officey� DATE: August 11, 2000 RE: Second Reading Lease Agreement with SPG Phase One, Ltd. for a Mixed Use/Joint Development parking Garage The Negotiating Team for the City has reached an Agreement with SPG regarding the proposed Lease. The purpose of this Memorandum is to bring to the Commission's attention three issues which the Commission may wish to give special consideration to before voting to approve or disapprove the Lease. 1. The Lease has no definite start date. The term of the Lease does not begin to run until such time as the date of the Commencement of Construction Notice is filed. Notice of Commencement of Construction must be fled with ninety (90) days of the Permit Date. SPG has six months to complete the working drawings and submit the permit applications. The permit approval process could linger if additional information is required of SPG before the permit application can be approved. While the Lease Agreement provides that SPG diligently and expeditiously will pursue all permit approvals, the Lease Agreement does not include a drop dead (late for obtaining the permits. It should. 2. The Lease should require Minimum Rent throughout the Term: During the Construction Period, no Rent will be paid to the City. Currently, the City generates approximately $76,000 in parking revenue and an additional $50,000 from parking enforcement. The City will lose approximately $126,000 in parking meter and parking enforcement revenue during the twelve (12) month construction period. SPG is only required to pay Minimum Rent if the construction exceeds twelve (12) months and forty -five (45) days after the Permit Date. Some Minimum Rent is needed to offset lost revenue. 3. The definition of "Gross Income" excludes standard Tenant pass through expenses. At the outset of the negotiations, the parties agreed to keep the formula for calculating the City's Percentage Rent as simple as possible. One reason to use Gross Income to calculate Percentage Rent is to minimize the need for the City to scrutinize SPG's financial records. However, under the current defulition of Gross income, payments made by SPG that subsequently are reimbursed to SPG by subtenants (such, as insurance payments) are excluded from the definition of Gross Income. One argument against excluding Tenant pass through expenses is that any reimbursement to SPG essentially is income since SPG would realize the savings. Tenant pass through expenses should not be excluded. Z /Z #:S6E9 C99 2n F-'d 'd `jam ! Zi:91 ! 0 -11 -8 :Xg 103 MIAMI DAILY BUSINESS REVIEW Published Daily except Saiurday, Sunday and Legal Ho:idays Miami, Miami-Dade County, Flw da. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miam: Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING— 7 /Za Q ORDINANCE RELATING CONTRACTS, ETC. in the ............ Y.XXXY ...................... court, wampublished In old Tspaper in the issues of Altiant 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 Mlaml -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fir or cor any tscount, rebate, com- mission or r and for rp se of s curing this advertise- ment for bli i e sat news oer. EMAW ////�.1MA 7 I ,Y ��sw�rut�yn� s9bscrib1d betpr� me ih2000 ®�X�W�00qm ..................�. ,..... ....................... (SEAL) ,r; ,: MANIA 1.hiESA COt %lISS;0N tl CC e65640 Octetma V. Ferbeyre personally ewp {itv. EXPIKS: toarch 4, 2004 PuCli;Jnderhnlnrs AM ® CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Mianri. Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, July 18, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE, LTD, FOR CONSTRUCTION AND OPERA. TION OF A MULTI -USE PARKING GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILI- TY, ORDINANCES IN CONFLICT, AND PROVIDING AN EF. FECTIVE DATE. (1ST Reading - February 15, 2000) Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during regular office hours. Inquiries concerning this item should be directed to the City's Planning Department at: 663.6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub. lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 7/7 00-3-78/69848M AIR RIGHTS AND DEVELOPMENT AGREEMENT This Air Rights and Development Agreement (the "Agreement ") dated August 28, 2000 is entered into by and between SPG Phase One Ltd., a Florida limited partnership ("SPIT'), and Mark Richman Properties, Inc., a Florida corporation ( "MR.P "). RECITALS WHEREAS, the City of South Miami (the "City ") owns real property (the "City Land ") as more particularly described in Exhibit "A" attached hereto and made a part hereof. The majority of the City Land is presently used as a municipal parking lot. WHEREAS, MRP owns land contiguous to the City Land more particularly described in Exhibit "B," attached hereto and made a part hereof, and referred to as the "MRP Land." The MRP Land is improved by a one story retail building (the "Old MRP Building "). WHEREAS, MRP intends to transfer certain airspace rights over the MRP Land (the Airspace as further defined below) to SPG in return for the construction of a new one story ground level retail building for MRP (the New MRP Building as further defined below). In the Airspace, SPG shall construct a portion of the Parking Structure, as defined below. WHEREAS, the City intends to lease the City Land to SPG on a long term basis (the "Lease ") for the development and operation of a mixed use retail, office and parking facility (the "Parking Strucrture "). The building and operation of the Parking Structure along with the City Land, MRP Land and New MRP Building shall be collectively referred to as the "Project." WHEREAS, the City of South Miami Commission has passed a resolution approving SPG as the developer of the Project and a separate resolution wherein the Lease (as hereinafter defined) was approved on first reading (collectively the "Resolutions "). WHEREAS, the City and SPG desire that a portion of the Parking Structure be built in a portion of the Airspace (as hereinafter defined) above the MRP Land so as to increase the developed areas of both properties, to provide an overall uniform appearance of the Project and to provide for the sharing of common area maintenance. WHEREAS, MRP is willing to deed the Airspace to SPG in exchange for SPG demolishing the Old Richman Building and constructing a new building shell on the MRP Land (the "New MRP Building ") pursuant to the Lease (as hereinafter defined). Page 1 of 20 WHEREAS, the New MRP Building will be built with structural columns of a size and type necessary to support the load of the portion of the Parking Structure constructed within the Airspace. NOW, THEREFORE, in consideration of the premises and other valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals and Exhibits . The recitals are true and correct, and form a part of this Agreement. The Exhibits to this Agreement are incorporated herein by reference. 2. Definitions.. The capitalized terms provided herein shall be defined for purposes of this Agreement as follows: 2.1 "Airspace" means that certain volume of air whose lower boundary is the horizontal plane at an elevation in feet National Geodetic Vertical Datum as depicted in Exhibit "C "and whose perimetrical boundaries project vertically to intersect the lower boundary in and to the MRP Land as more particularly described in the legal description attached hereto as Exhibit "C ". 2.2 "Airspace Reversion Rights" means the reversion of the Airspace to MRP as more particularly described in Article 25 of this Agreement. 2.3 "Architect" means Ferguson Glasgow Schuster Soto, Inc. or any other licensed architect designated by SPG. 2.4 "City" means the City of South Miami, Florida, a municipality located in Miami -Dade County, Florida. 2.5 "City Land" means that certain municipal parking lot as more particularly described according to its legal description as set forth on Exhibit A which is attached hereto and made a part hereof. 2.6 "Commencement of Construction" means the filing of the notice of commencement by SPG or SPG's authorized representative for the construction of the Project 2.7 "Condemnation" means the appropriation or taking of the Project for any public use by virtue of eminent domain or condemnation proceedings. 2.8 "Conditions Precedent" means the conditions precedent to recording the Conveyance as described in Article 7. Page 2 of 20 �UYL 2.9 "Conveyance" means the deed to the Airspace to be recorded in the public records of Miami -Dade County that transfers ownership of the Airspace from MRP to SPG. 2.10 "Declaration" means the Declaration of Easements Covenants and Restrictions executed by the City, SPG and MRP that will be filed in the public records of Miami -Dade County, Florida, relating to the Project. 2.11 "Default Rent" means the rent paid by SPG to MRP as provided in Section 18.3 of this Agreement in the amount of Eight Thousand Five Hundred Dollars ($8,500.00) per month. In the case of a partial month, the Default Rent shall be pro -rated accordingly. Default Rent shall be reduced by any rents received by MRP from tenants of the Old MRP Building which are attributable to any period for which SPG has the obligation to pay Default Rent. 2.12 "Demolition Notice" means the written notice provided by MRP to SPG stating that MRP and any tenants have vacated the Old MRP Building and that the Old MRP Building is ready for demolition. 2.13 "Development Code" means the City of South Miami Land Development Code as in effect on February 15, 2000. 2.14 "Effective Date" means the date upon which all parties have fully executed this Agreement. 2.15 "Lease" means that certain lease with the City as landlord and SPG as tenant whereby the City Land is leased to SPG for the purpose of constructing the Project and operating the Parking Structure. 2.16 "Lender" means an entity commonly recognized by the lending community as a lender that provides the construction loan to SPG for the construction of the Project or permanent financing to SPG. 2.17 "MRP" means Mark Richman Properties, Inc., a Florida corporation. 2.18 "MRP Consideration" means the sum of $100,000.00 to be paid by SPG to MRP on the Turnover Date. 2.19 "MRP Land" means that certain improved lot at the corner of S.W. 73 Street and S.W. 58`' Court owned by MRP, upon which is situated the Old MRP Building and which is more particularly described according to its legal Page 3 of 20 description as set forth on Exhibit B which is attached hereto and made a part hereof. 2.20 "New MRP Building" means the shell of a new one story structure to be built by SPG on the MRP Land on behalf of MRP as a replacement for the Old MRP Building and over which the Airspace will be occupied by a portion of the Parking Structure. The New MRP Building shall contain approximately 11,500 square feet subj ect to adjustment for ingress and egress and other code requirements of the New MRP Building. SPG shall construct only the shell of the New MRP Building as detailed in the Plans. The shell of the New MRP Building shall include eight front doors and five rear doors. Utilities shall be stubbed to the rear of the shell of the New MRP Building. Electricity shall be brought to the rear of the shell of the New MRP Building in sufficient capacity for normal service to the eights bays of the New MRP Building. SPG shall provide to MRP an easement to permit venting of MRP's air conditioning units at the rear of the shell of the New MRP Building. 2.21 "Notice to Vacate" means the notice given by SPG to MRP directing MRP to give notice to the tenants of the Old MRP Building to vacate the Old MRP Building as more particularly described in Article 9 of this Agreement. 2.22 "Old MRP Building" means the existing structure located on the MRP Land which is to be demolished by SPG on behalf of MRP and replaced with the New MRP Building. 2.23 "Parking Structure" means that portion of the Project which excludes the New MRP Building and the MRP Land. 2.24 "Permits" means all final, unappealed and unappealable building permits and other permits, licenses, permissions, consents, and approvals required to be obtained from the (i) City of South Miami, (ii) Miami -Dade County, (iii) the State of Florida, (iv) the United States, (v) any agency or political subdivision of any of the foregoing having jurisdiction over the Project or any portion thereof, or (vi) any agreements, waivers, or consents of any third - parties relating to or affected by the Project, all of which are necessary or appropriate to allow the construction of the Project and any subsequent improvements, repairs, replacements or renewals in accordance with the Development Code and all other applicable laws, ordinances, or regulations. 2.25 "Permit Date" means the date all Permits are issued on a non - appealable basis which allows the construction of the Project to proceed. Page 4 of 20 2.26 "Plans" means the final approved plans, drawings and specifications prepared by the Architect for the purpose of constructing the Project. 2.27 "Project" means the City Land, the MRP Land, the Parking Structure and the New MRP Building plus all other rights and interests appurtenant thereto. 2.28 "Proposed Plans" means the proposed plans, drawings and specifications prepared by the Architect for the construction of the Project presented to MRP for approval with regard to the portion of the Proposed Plans dedicated to the New MRP Building. The Proposed Plans are attached hereto as Exhibit "D" and made a part hereof. 2.29 "Reconstruction Rights" means MRP rights to build'on the MRP Land under the circumstances described in Article 26 of this Agreement. 2.30 "Resolutions" means Resolution No. 198 -97 -10168 effective September 16, 1997 and the Resolution of the City of South Miami wherein SPG is approved as the developer of the Project, respectively. 2.31 "SPG" means SPG Phase One Ltd., a Florida limited partnership. 2.32 "Turnover Certificate" means the certificate jointly executed by MRP and SPG, in recordable form, confirming the completion of the shell portion of the New MRP Building, as more particularly described in Article 13. 2.33 "Turnover Date" means the date that MRP surrenders tenant -free possession of the Old MRP Building to SPG as evidenced by delivery of the Demolition Notice by MRP to SPG, provided that such date shall be after the Permit Date unless SPG consents in writing. 3. Sale of Airspace. Subject to the Conditions Precedent and the provisions set forth in this Agreement, MRP hereby sells, conveys and transfers to SPG the Airspace, which conveyance shall be subject to the Airspace Reversion Rights. This conveyance shall be recorded, as provided below, in the public records of Miami -Dade County in substantially the same form as the document of conveyance attached hereto as Exhibit "D" and made a part hereof. 4. Declaration of Covenants. Easements and Restrictions. SPG and MRP agree to enter into (along with the City) and record the Declaration in substantially the same form as Exhibit "E" attached hereto and made a part hereof. The Declaration shall be recorded simultaneously with the Conveyance. If the Conditions Precedent are not satisfied, the Declaration shall not be recorded and shall be null and void. Page 5 of 20 00� 5. Permits. MRP shall, on a timely basis, cooperate with SPG in the submission of all applications for Permits necessary for the Project, provided that same is accomplished at the sole cost and expenses of SPG, except as otherwise provided in this Agreement. SPG and MRP shall seek approval from the City, inter aria, that the Old MRP Building be demolished and the New MRP Building be constructed in accordance with the Plans prepared by the Architect. MRP shall be responsible for obtaining, at MRP's sole cost, all permits required for the interior build out of the New MRP Building. 6. Architect and Plans. SPG has engaged the services of the Architect to prepare the Proposed Plans, in accordance with the Development Code, for submission to MRP. The Proposed Plans are hereby approved by MRP with regard to the portion of the Proposed Plans dedicated to the New MRP Building and SPG, at its sole cost and expense, shall direct the Architect to prepare the Plans for submission to the City. The Proposed Plans shall provide for: 6.1. The construction of the New MRP Building which shall be a one story structure located on the ground level of the MRP Land with approximately 11,500 square feet subject to adjustment for ingress and egrQss and other code requirements of the New MRP Building. 6.2. The Parking Structure and the New MRP Building to be constructed so as to provide the Project with a uniform appearance. MRP shall be responsible for obtaining, at MRP's sole cost and expense, all architectural and other plans for the interior build out of the New MRP Building. 7. Conditions Precedent and Recording of Conveyance. After satisfaction of each of the Conditions Precedent, the Conveyance shall be recorded in the public records of Miami -Dade County. The Conditions Precedent are: 7.1. City Approval of Plans. Approval of the Proposed Plans by the City. 7.2. Permits. Issuance of the permit for construction of the Project shell. 7.3. Lease. SPG entering into the Lease pursuant to the Resolutions. -7.4. Financing. SPG receiving a formal loan commitment from the construction lender in an amount necessary for the construction of the Project. 7.5. Special Exception Application. The City approving the special exception application made by SPG under the Development Code for approval of the Project. Page 6 of 20 CLIl AVL/ 7.6. Title Insurance. SPG obtaining a title insurance policy from a reputable title company in a form acceptable to the Lender. SPG shall, at no cost to SPG, obtain an owner's title insurance policy in favor of MRP for the New MRP Building and MRP shall pay for any additional costs due to the issuance of such title insurance policy in favor of MRP.' 7.7 Paragraph 9 of Lease. All the conditions listed in Paragraph 9 of the Lease shall have been satisfied. 7.8. Representations and Warranties. The representations and warranties of Article 17 hereof are true and correct. If all of the Conditions Precedent are not satisfied by August 31, 2001, this Agreement shall terminate, shall be null and void and of no further effect, and neither parry shall have any obligation with regard to the other party, except as otherwise provided for herein. 8. Approval of Proposed Plans by MRP. The Architect has prepared the Proposed Plans, attached hereto as Exhibit E and made a part hereof. MRP has approved the Proposed Plans. Proposed Plans may be modified during the course of obtaining the Permits or constructing the Project as may be necessary for the prompt and efficient completion of the Project. MRP's approval for the modification of the Proposed Plans shall be required only in the case of a material change that directly impacts the New MRP Building. After approval of the Proposed Plans by MRP, any subsequent changes to the Proposed Plans or Plans proposed by MRP and approved by SPG shall be at MRP's sole cost. MRP shall pay for such proposed changes upon MRP's receipt and acceptance of an estimated budget from SPG for such proposed change. If MRP fails to accept the estimated budget, SPG shall have no obligation to incorporate MRP's proposed changes into the Plans. 9. Vacancy and Demolition of Old MRP Building. MRP shall give notice to the tenants of the Old MRP Building to vacate upon written notice from SPG (the "Notice to Vacate "). The Notice to Vacate shall be delivered by SPG to MRP not later than five days after the Permit Date, however, SPG shall not deliver a Notice to Vacate to MRP before the Permit Date unless SPG has a reasonable basis to believe the Permits will be issued within thirty days of SPG's delivery of the Notice to Vacate to MRP. Within 35 days of the date the Notice to Vacate is given, MRP and all of the tenants of the Old MRP Building shall have vacated the Old MRP Building. MRP shall then immediately, by written notice delivered to SPG, inform SPG that the Old MRP Building is ready for demolition (the "Demolition Notice "). Within 21 days of receipt of such written notice, SPG shall commence the demolition of the Old MRP Building. If during demolition, the' Old MRP Building is found to contain asbestos or any other hazardous material or condition, MRP shall be responsible for any costs of demolition incurred by SPG in excess of the normal demolition costs for a like building with no such adverse conditions. Within 15 days of receipt of a written notice from SPG detailing such adverse condition and with documentation to support the increased demolition costs, MRP shall pay to SPG such increased demolition costs. For purposes of this Page 7 of 20 Viz' Article 9, the commencement of the demolition of Old MRP Building shall be deemed to be the commencement of construction of the Project. 10. Construction of Project. SPG shall engage a licensed bonded general contractor for the construction of the Project in accordance with the Plans. SPG will diligently pursue the construction of the Project in an effort to complete same within twelve months after the Turnover Date. Within 21 days of the demolition of the Old MRP Building, SPG shall take such steps as are necessary to cause the commencement of construction of the Project. With regard to the New MRP Building portion of the Plans, SPG shall be required to construct only the shell of the New MRP Building as provided for in the Plans, which shall include exterior doors, exterior windows, exterior lighting, exterior painting and exterior awnings, if provided. After recording the Turnover Certificate, MRP shall be responsible for engaging a licensed bonded general contractor for the construction of the interior improvements of the New MRP Building. The parties agree to have their respective contractors on the Project job site fully cooperate with each other's contractor so as to complete the Project as expeditiously and cost effectively as possible. SPG will pay all impact fees associated with the construction of the New MRP Building, however, SPG shall receive any credits associated with the Old MRP Building. 11. Financing. SPG will obtain a construction loan for the construction of the Project. Subject to the provisions of this Agreement, MRP may place such liens, mortgages or encumbrances on either the MRP Land and/or the New MRP Building (as it is constructed) so long as the construction fo the Project is not hindered or delayed. MRP agrees to execute and deliver whatever documents a Lender may reasonably require to perfect a security interest in the Project. If there is an existing mortgage on the MRP Land and/or Old MRP Building, MRP shall cause the mortgagee(s) of any such mortgage(s) to consent to this Agreement. SPG agrees that the construction loan will be replaced by permanent financing, which will not require any lien or mortgage upon the MRP Land or the New MRP Building. SPG shall pay MRP the MRP Consideration as soon as the portion of the construction loan funds earmarked for such purpose are released to SPG from the construction lender. SPG shall request the Lender to release the MRP Consideration no later than five (5) days after execution fo the Turnover Certificate. 12. Payment Obligations. SPG and MRP shall allocate the construction costs for the Project among: the Parking Structure and the New MRP Building. SPG shall pay for all costs associated with the construction of the Parking Structure. SPG shall pay for the construction costs of the shell of the New MRP Building as provided for in the Plans. MRP shall pay for all interior improvements of the New MRP Building. 13. Completion of New MRP Building. The completion of the New MRP Building shall occur upon the City of South Miami issuing a certificate of completion for the shell portion of the New MRP Building. Within three (3) business days of such date, MRP and SPG shall jointly execute a certificate, in recordable form, confirming the completion of the shell portion of the New MRP Building, subject only to punch list items (the "Turnover Certificate "). Immediately upon execution, SPG and MRP shall cause the Turnover Certificate to be recorded in the public records Page 8 of 20 �A V4 of Miami -Dade County and delivered to all Lenders. MRP shall obtain, at its sole cost, all certificates of completion for the build out of interior spaces of the New MRP Building. MRP shall provide SPG with a complete set of as -built drawings for the interior spaces of the New MRP Building. After the Turnover Certificate is recorded, MRP shall obtain all necessary permits to build out the tenant spaces of the New MRP Building and before hiring any contractors, shall record a notice of commencement in the Public Records of Miami -Dade County showing MRP as owner such that liens from any work on (or materials delivered to) the New MRP Building after the Turnover Certificate is recorded shall not encumber the Parking Structure or SPG's interest in the Project. In addition, MRP shall obtain builder's risk and public liability insurance, naming SPG as additional insured as its interest may appear, before commencing any tenant build out construction on the New MRP Building. 14. Construction Period Insurance and Liens. During construction of the Project, SPG's general contractor shall keep in force contingent liability and builder's risk insurance upon the entire work on the Project to the current one hundred percent (100 %) replacement value thereof against "all risks" of physical loss or damage to the property insured. Such insurance shall be written by a company authorized to engage in the business of commercial general liability insurance in the State of Florida. MRP and SPG shall indemnify, protect, defend and hold harmless each other from and against all claims and liabilities arising from their actions, the actions of their general contractor (for purposes of the construction of the interior improvements of the New MRP Building or the Parking Structure, as the case may be) any subcontractor or materialmen or any other agent. SPG shall cause MRP to be endorsed as a protected party under the applicable liability insurance policy. MRP shall likewise cause SPG to be endorsed as a protected party under MRP's liability insurance policies which shall have minimum limits of liability of $2,000,000 aggregate and $1,000,000 per occurrence. No interest of SPG, whether personally or in the Parking Structure or the City Land, shall be subject to liens for improvements made by MRP under this Agreement. Further, MRP acknowledges that MRP, with respect to improvements or alterations made or caused to be made by MRP under this Agreement, shall promptly notify any contractor making improvements to the New MRP Building of this provision exculpating SPG's liability for such liens. In the event that a claim of lien is filed against the Parking Structure or the City Land in connection with any work performed by or on behalf of MRP, MRP shall satisfy such claim within ten (10) days from the date of filing. In the event that MRP fails to satisfy such claim within such ten (10) day period, MRP shall indemnify and hold SPG harmless for all costs incurred by SPG in connection with the satisfaction of such claim, including attorneys' fees and for all other damage or loss incurred by SPG as a result of any such claim of lien. If so requested by SPG, MRP shall execute a short form or memorandum of this Agreement which may, in SPG's discretion, be recorded in the Public Records of Miami -Dade County for the purpose of protecting SPG's estate from claims of lien. If a claim of lien is filed against the MRP Land or the New MRP due to the actions of SPG and such claim of lien is outstanding at the time the Turnover Certificate is executed, SPG shall satisfy such claim within ten (10) days from the date of execution of the Turnover Certificate. In the event that SPG fails to satisfy such claim within such ten (10) day period, SPG shall indemnify and hold MRP harmless for all costs incurred by MRP in connection with the satisfaction of such claim, including attorneys' fees and for all other damage or loss incurred by MRP as a result of any such claim of lien. Page 9 of 20 C� �k +. t' 'ir 4, 1!s-4A c J A:h /,Am 4wt ccalr 4"k A'11 3 Z ,r10 " C" , 15. MRP Parking Spaces. Upon commercial operation of the Parking Structure, SPG shall make 38 parking spaces in the Parking Structure available to MRP. Thirty two of these parking spaces shall be unassigned parking spaces located on the rooftop and accessed by means of a decal purchased from SPG. The purchase price for the decals paid by MRP shallkihe prevailing rate i1��1` l effect from time to time. However, MRP shall have th ' t to reserve4mte n of the thirty two, parking spaces on a quarterly basis. If reserved, the parking spaces will be bagged (if ' metered) and signed*rhe fee for the reservation of the parking spaces will be at the monthl market rate multiplied by three. The remaining six parking spaces shall be provided to MRP withou W--, charge on a permanent basis. The six free parking spaces shall be located as follows: (a) on thy) ground floor, the lesser of six ground floor parking spaces or as many ground floor parking space as are available after taking into account the parking spaces required by the City of South Miami and the building manager; and (b) the remaining parking spaces, if any, shall be on the rooftop. SPG's obligation to provide rooftop parking spaces to MRP shall be limited those hours of operation required for the permitted uses at the Project. MRP's use fo the rooftop parking spaces shall be on the same basis as all other users of the rooftop parking, including hours of ingress and egress and the provision for the City to use the Parking Structure for special events as provided in the Lease. 16. Representations and Warranties of SPG. SPG warrants and represents to MRP and the City that: 16.1. Good Standing. SPG is a Florida limited partnership, duly organized, validly existing and in good standing under the laws of the State of Florida and has all requisite power and authority to enter into this Agreement. 16.2 Authorization. SPG's execution of this Agreement and the performance by SPG of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite partnership actions of SPG. The individual executing this Agreement on behalf of SPG is duly authorized to act in binding SPG, and to take any and all actions he deems necessary, on behalf of SPG contemplated by this Agreement. 16.3. Binding Obligation. This Agreement is binding and enforceable against SPG in accordance with its terms. 17. Representations and Warranties of MRP. MRP warrants and represents to SPG and the City that: 17.1. Good Standing. MRP is a Florida corporation duly organized, validly existing and in good standing under the laws of the State of Florida and has all requisite power and authority to enter into this Agreement. Page 10 of 20 GC� 17.2. Encumbrances. MRP is the owner of the MRP Land and that, as of the Effective Date, there are no mortgages, liens or encumbrances on the MRP Land except those listed on Exhibit G. 17.3. Hazardous Substances MRP warrants that, there has been no release, treatment, storage, dumping or disposal of any hazardous materials (including asbestos containing materials) on or affecting the MRP Land or the Old MRP Building (which for the purposes of this Article shall be deemed to include all surface waters, ground waters, soils, strata, sewers, fill, foundations, buildings, property and other materials on, in or under the MRP Land and the Old MRP Building). MRP represents and warrants that there are no and have been no underground storage tanks, including without limitation, tanks such as those used to contain heating oil, located on the MRP Land or the Old MRP Building. MRP warrants that if there is environmental contamination on the MRP Land or the Old MRP Building for which MRP has the legal responsibility for remediation, MRP shall take all necessary actions to remediate such environmental contamination in a manner acceptable to the Lender. MRP warrants that if there is environmental contamination on the MRP Land or the Old MRP Building for which MRP has no legal responsibility for remediation, MRP shall provide SPG with an opinion letter of legal counsel, in a form acceptable to the Lender, stating that MRP is not legally responsible for any environmental remediation and the construction of the Project will not hindered or delayed by such environmental contamination. 17.4. FIRPTA. MRP represents and warrants to SPG that MRP is not a "foreign person ", as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act "). Before the Permit Date, MRP shall execute and deliver to SPG a "non- foreign certificate" in a form as required by the Act. 17.5. Authorization. MRP warrants and represents that it has the full power and authority to grant the Conveyance and execute this Agreement. All documents that are executed or required to be executed by MRP and delivered to SPG will be duly authorized, executed and delivered by MRP, and will be legal, valid and binding obligations of MRP, sufficient to convey title of the Airspace to the City. 17.6. Judgments. MRP warrants and represents that there are no outstanding judgments against MRP that affect the MRP Land or the Old MRP Building, nor shall there exist on the Permit Date or throughout the Construction Period of the Project any judgments or claims with respect to any portion of the MRP Land or Old MRP Building which would become a lien upon the Project. Page 11 of 20 17.7. Binding Obligation. This Agreement is binding and enforceable against MRP in accordance with its terms. 17.8 Condemnation. No condemnation proceedings are pending or to the best of MRP's knowledge are threatened with respect to the MRP Land or the Old MRP Building. 18. Events of Default. The happening of any one or more of the following events ( "Events of Default ") shall constitute a material breach of this Agreement and, except as otherwise provided in Section 18.3 of this Agreement, the non - defaulting party may sue for specific performance and such damages as may have been incurred due to the defaulting parties breach of this Agreement. 18.1. SPG Default. 18.1.1. Failure to commence demolition within 21 days of the Turnover Date. 18.1.2. Failure to complete construction of the New MRP Building within 365 days of the Commencement of Construction (as such term is defined in the Lease). 18.1.3. Failure to commence construction of the Project within six months of demolition of the Old MRP Building. 18.1.4. Failure to provide MRP with the Notice to Vacate within five days of the Permit Date. 18.1.5. Any of the representations and warranties of SPG are false or misleading. 18.1.6. A breach by SPG of any other obligation of SPG under. this Agreement. 18.2. MRP Default. 18.2.1. Failure to vacate the Old MRP Building and deliver the Demolition Notice to SPG within 35 days of the Notice to Vacate, subject to an additional forty-five day period only due to MRP's inability to deliver possession on account of a tenant's improper failure to vacate the Old MRP Building, and only if MRP uses diligent efforts to cause such tenant to be evicted as soon as possible. Page 12 of 20 18.2.2. Any of the representations and warranties of MRP are false or misleading. 18.2.3. A breach by MRP of any other obligation of MRP under this Agreement. 18.3. Default Rent. After recording of the Conveyance, SPG shall pay MRP Default Rent as provided below: 18.3.1. In the event SPG fails to provide MRP with a Notice to Vacate, SPG shall pay MRP Default Rent from the Effective Date until the date the Project is abandoned. 18.3.2. In the event SPG provides MRP with a Notice to Vacate, MRP surrenders tenant -free possession of the Old MRP Building to SPG and the Project is abandoned by SPG, SPG shall pay MRP Default Rent from the Effective Date until the date the Project is abandoned. 18.3.3. In the event SPG provides MRP with a Notice to Vacate and breaches Section 18.1.2 of this Agreement, SPG shall pay MRP Default Rent from the date that is 365 days after Commencement of Construction until the completion of the New MRP Building as provided in Article 13. Default Rent shall be reduced by any rents received by MRP from tenants of the Old MRP Building which are attributable to any period for which SPG has the obligation to pay Default Rent under this Subparagraph 18.3. 19. Right to Cure Default. In the case of an Event of Default, the defaulting party shall have 30 days in which to cure the default. Said 30 day period shall commence from receipt by the defaulting party of a written notice from the non - defaulting party explaining the nature of the default. If, however, any such default cannot be cured within 30 days, the defaulting party shall have as long as necessary to cure such default so long as the defaulting parry is diligently pursuing the cure of such default. SPG's obligation to pay Default Rent as provided in Section 18.3 of this Agreement shall not be affected by any cure periods granted to SPG under this Section 19, but only in the event that SPG's default is not due MRP's breach of this Agreement. 20. Ownership of Project and Ad Valorem PropgM Taxes. The parties shall apply to have the City Land, Parking Structure, and the Airspace comprise one folio number for ad valorem property tax purposes. The City and/or SPG shall be responsible for the payment of ad valorem property taxes assessed against the City Land, the Parking Structure, and the Airspace. The parties shall apply to have the MRP Land and the New MRP Building comprise a separate folio number for ad valorem property tax purposes. SPG shall be responsible for presenting the required information Page 13 of 20 to the Miami -Dade County Tax Appraisers Office to cause the parcels to be separated, however, MRP shall have the obligation to cooperate with SPG to obtain such result. MRP shall be responsible for the payment of all ad valorem property taxes assessed against the MRP Land and the New MRP Building. 21. Compliance with Laws. At all times during the construction and operation of the Project, the parties agree to comply with all applicable statutes, laws, regulations, and ordinances including, but not limited to, the Development Code and the Resolutions. 22. Notices. Any notices, requests, or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, telecopier or sent by overnight express delivery or United States registered or certified mail, return receipt requested, postage prepaid and addressed to SPG or MRP at the addresses set forth below. Any such notice, request, or other communications shall be considered given or delivered, as the case may be, on the first business day following the date of telecopying, or on the day of receipt for hand delivery or any mailing as provided above. Notices shall be provided to the following: As to SPG SPG Phase One, Ltd. 7150 S.W. 62nd Avenue South Miami, Florida 33131 Attn: Albert S. Elias, President (305) 661 -4506 With copy to Richard J. Razook Thomson Muraro Razook & Hart, P.A. Suntrust International Center, Suite 1700 One Southeast Third Avenue Miami, Florida 33131 (305) 350 -7200 As to MRP: Mark Richman Mark Richman Properties, Inc. Page 14 of 20 CJ u11v With copy to: Ronald R. Fieldstone, P.A. Fieldstone Lester Shear & Denberg Suntrust Plaza, Suite 601 201 Alhambra Circle Coral Gables, Florida 33134 (305) 357 -5775 The parties may provide such other address or addresses as any party may designate from time to time by giving notice in accordance with this Article. 23. General Provisions. 23.1 Severability. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, prohibited, or unenforceable for any reason, this Agreement shall be ineffective only to such extent and the remaining provisions shall continue to be given full force and effect so far as possible. 23.2. No Waiver. The failure of either party to insist upon strict performance of any term, to claim an interest, or to exercise any power, right or option contained in this Agreement, in any one or more instances, shall not be construed to be or constitute in fact a waiver or relinquishment of that party's right to assert and enforce its rights regarding any such term, interest, right, power, or option in any future instance. 23.3. Entire Agreement. This Agreement, including all Exhibits referenced herein, represents the entire agreement of the parties and is intended as a complete and exclusive statement of the terms hereof. Any oral or written inducements, representations, warranties, agreements or other communications made prior to the execution of this Agreement shall be void and ineffective for all purposes. 23.4. Successors and Assigns. This Agreement shall be binding upon the successors, assigns, and representatives of the parties hereto. 23.5. Modification and Rescission. This Agreement may be modified or rescinded only by a writing signed by the parties making specific reference hereto. 23.6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida without regard to its conflicts or choice of laws. Page 15 of 20 23.7. Interpretation. Unless the context of this Agreement indicates a contrary intent, words in the singular shall include the plural and vice - versa, and words in the masculine shall include the feminine or neuter genders as appropriate. Article headings are for convenience only and shall not in any way affect the interpretation of any provision of this Agreement. 23.8 Multiple Ori finals. This Agreement is fully executed by the parties in multiple identical original instruments, any of which may be introduced into evidence in any proceeding as conclusive proof of the text thereof. 23.9. Attornevs. For purposes of entering into this Agreement, SPG has engaged Thomson Muraro Razook & Hart, P.A. as its legal counsel and MRP has engaged Fieldstone Lester Shear & Denberg as its legal counsel. Each party will be solely responsible for payment of fees and expenses of their respective legal counsel. 23.10. Article Headings. The captions and Article numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe, or describe the scope or intent of such Articles of this Agreement nor in any way affect this Agreement. 23.12. Construction of Agreement. Each party hereto hereby acknowledges that all parties hereto participated equally in the drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than the other. 23.13. Time is of the Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. 23.14. Reasonableness of Approvals. Pursuant to this Agreement, the parties are required to give approvals to various matters effecting each other's rights. In considering whether to give such approval, the SPG and MRP shall act in good faith, in a commercially reasonable manner and all such approvals shall not be unreasonably withheld, conditioned or delayed. 24. Security for MRP During Construction. During construction of the New MRP Building, MRP shall be named as an obligee with respect to the payment and performance bond posted by SPG's general contractor for the construction of the New MRP Building. In addition, SPG shall provide security in the amount of FOUR HUNDRED AND EIGHTY THOUSAND DOLLARS ($480,000.00) to secure to MRP that if the New MRP Building is not constructed for any reason after the Old MRP Building is demolished, this sum shall be paid to MRP as liquidated damages and MRP shall have no further claims against SPG.. Such security shall be in the form of a letter of Page 15 of 20 Gi.�' V4 credit, an irrevocable commitment from the Lender or an equivalent form of institutional security in a manner reasonably acceptable to MRP and shall be posted prior to the Notice to Vacate. 25. Airspace Reversion Rights. The Conveyance of the Airspace shall be subject to the Airspace Reversion Rights in favor of MRP. The Conveyance of the Airspace shall be subject to reversion if, after completion of the New MRP Building as contemplated by Article 13 of this Agreement, there is a destruction of the Project and neither SPG nor the City elect to cause the New MRP Building to be rebuilt in accordance with the terms of this Agreement and the Lease. In connection therewith, SPG and the City shall be provided 180 days after a destruction to proceed to have the New MRP Building reconstructed substantially in accordance with the Plans (subject to any changes in applicable building codes or other legal requirements), or else it shall be determined that the City and SPG have elected not to proceed with reconstruction of the New MRP Building. 26. Rights With Respect to Old MRP Building. It is hereby acknowledged that the Old MRP Building does not meet current zoning standards in the City of South Miami with respect to parking requirements and possibly other matters. The Old MRP Building consists of approximately 8000 square feet and has three parking spaces. In connection with the potential that the Old MRP Building may be demolished pursuant to this Agreement and subsequently the Project may not be completed, or the potential that the Project may be destroyed and the New MRP Building not rebuilt, it is hereby confirmed and agreed as follows (the "Reconstruction Rights "): 26.1. In the event the Old MRP Building is demolished and the Project is not constructed, then MRP shall retain the right to reconstruct a building having the same square footage, footprint and available parking spaces as the Old MRP Building. 26.2 In the event the Project is constructed, thereafter destroyed and the New MRP Building is not reconstructed, then the same rights as in Section 26.1 above shall apply and MRP shall have the right to re- construct a building as set forth in Section 26.1 above. 27. MRP Consideration. SPG and the City acknowledge and agree that MRP would not enter into this Agreement and otherwise convey the Airspace as set forth herein, absent the irrevocable consent and agreement of the City to the provisions of Articles 25 and 26 above with respect to the Airspace Reversion Rights and the Reconstruction Rights. . 28. Commencement of Working Drawings. 3v business days after the execution of Lease, SPG will pay to the Architect twenty (20 %) percent of the existing contract fee due Architect for architectural services rendered in connection with the Project. Page 17 of 20 IN WITNESS WHEREFORE, this Agreement has been executed and caused to be delivered in Miami -Dade County, Florida, to be effective in all respects as of August 28, 2000 ( "Effective Date "). SPG Phase One Ltd., a Florida limited partnership By: The Initial Phase, Inc., a Florida corporation and sole general artner i By: Albert S. Elias, resident Date: v Mark Ri hman 8r pe ies, Inc., a Florida corply By;, Mark R_ ichman, President Date: The foregoing instrument was acknowledged before me this ?2_ day of August, 2000 by Albert S. Elias who i, s personally known to me or who has produced as identification of cation w o, id not take oath. Pary bl ic - State of Florida Name My commission expires: 6AYP&,, CHRISTI L. ELIAS �, CCMNi'S'13;4 v. CC 718238 o� EX ;U_- FEB 19, 2002 DONOED THRU r V ATLANTIC BONDING CO., INC. The foregoing instrument was acknowledged before me this. day of August, 2000 by Mark Richman who is personally known to me or who has produced 1 �) . rJA ve, -, C ce 5,P— as identification and who did not take an oath. R ZSS- S-+ 9 -Sq —OZ / -O Page 18 of 20 fit, �c i Notary u lic - State of Florida Name My commission expires: CHRISTI L. ELIAS p�P e <� COMM;SSIO, I ,i cc 71 2 38 z E;(PIRE5 FcB 19, O ^ONDED THRU 5��OF �f ATLANTIC BONDING C.O.1'Ww Page 19 of 20 D* LIST OF EXHIBITS 1. Exhibit A Legal Description of City Land 2. Exhibit B Legal Description of MRP Land 3. Exhibit C Legal Description of Airspace 4. Exhibit D Conveyance of Airspace (deed) 5. Exhibit E Preliminary Plans, Drawings & Sketches 6. Exhibit F List of Encumbrances on MRP Land Page 20 of 20 MIAMIp DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DARE: Before the undersigned authority PersOrlally appeared Sookie Williams, who on oath says that she is the Vice P►eebent Of Legsi AdvatM" of ft MIMM Dally Busineaa Revisw We Miami Review, a dally (except Saturday, Sunday and Legal Hoihhys) newspaper, puayhed at MWml In Miami. Dade County, Florida; that the attached copy of tMwrtlaw meat, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9/5/00 ORD. RELATING TO RIGHTS —OF- WAY, ETC. In the ........... XXXXXXX .................. Cor., Was published In said newspaper in the issues of Aug 25, 2000 Affiant further says that the said Mimi Dally Business Review Is a newspaper PUNIShed at Miami In said MIa.^.:1- Dade County, Florida, and that the said newspaper has heretofore been continuously published In seal Miami -Dade County, Florida, each day (exCePt 3MMUrday, 8undsy end Legal Holidays) and has been entafed p second class mail matter at the post office In Miami In sold Miami -Dade County, , for a period of one year next prsosdI ng the first of the attached copy of adveetfeenwnt; and off fu says fiat she has neither paid nor promised mlro M o+poretiorn any discount. abets, cons• ms pub that ssnw sal MO 1tMs advertl,♦ ilcatl n sw to and Ibed bell a me this 5 g� ... day or j.. �.... ....... ............ .- ............ 1QT. L......fe, /...� a� (SEAL) F }: �w : MARIA I. MESA SoalcN .,r EX"ri tS: �w1,M111 Bmftd Tali Nohry Public undKW. Ms 011 V OF SOUTH ULUM NOT= OF PUBLIC HEARINGS NOTICE 1S HEREBY given that the City Commission of the City of South Atia W, Florida will conduct Public Hearings during ft regular Q�&y� Commission meeting Tuesday, September 5, 2000.beginnnin0,9tT.� the following described ordinanoe(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE -CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; ABANDONING A PORTION OF THE RIGHTS -OF -WAY AT' S.W. 84TH PLACE; PROVIDING FOR ORDINANCES IN- CONFLICT; AND PROVIDING AN EFFEC. TIVE-DATE (1 st Reading - August 15, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF, THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREE - MENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSO- LUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTH- ERN PORTION OF 5880 SW 69TH STREET; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. (1st Reading - August 15, 2000) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE, LTD, FOR CONSTRUCTION AND OPERA- TION OF A MULTI -USE PARKING GARAGE: PROVIDNG FOR TERMS AND CONDITIONS; PROVIDING FOR SEVVERABILI- . TY. ORDINANCES IN CONFLICT, AND PROVfDM AN t F'- FECTIVE DATE. (1st Reading - Febniary 15, 2000) (deferred from July 1Bth and August 15th) .gidirt�p�yri De inapectad lathe ty y CteACs t]ttfcs. Monddyt -fl[ -• day durlrq rtapular oflloa•lnotrs: ktqulrlas oonaerrOrp thetiatterris tlt+abltlbra'dltwbgdta tr�te.CkrWrMp- ALL lrnlaini sled parties are Invited to attend and v0II be hoard. t tta Tbiy)n7' Cod •a >, , i. CW Clerk City of Sotim Mlatni ' Pursuant to Florida Statutes 206.0to5, the City heribyativises the pub- lic thlit It a person decides to appeal any decision made by this Board. Agency or ConxMssion with rasp .W to any matter considered'at ittr n%M- ing or hearing, he or she will need a record of ftta proceedings, and that for such purpose, affected person may need to ensure that a verbatKn record of the proceedings is made which record includes the testkrony and evi- dence upon whicli the appeal is to be based.. Ms. — _. . . .___ 00.3- 76WS12M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Prom: Charles D. Scurr City Manager a fC04�7 REQUEST: Date: September 1, 2000 Agenda Item -_ Comm. Mtg. 9 /5 /00 Re: Special Use Approval Pada rette /Space #A /01 /01 5701 Sunset Drive A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "PADARETTE" IN THE "SR (HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE, SPACE A/0 1 /0 1 (SHOPS AT SUNSET PLACE). APPLICANT'S REQUEST: Pursuant to section 20- 3.4(13)(4)(b) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate a general restaurant, "Padarette," at the above referenced location. The proposed area of the restaurant is to be located within the Shops at Sunset Place with two separate entrances facing Sunset Drive. The restaurant and bakery will occupy a total of 1,815 square feet and will accommodate approximately fifty patrons. The restaurant will serve soups, crepes, salads, sandwiches, desserts and gourmet products accompanied by soda, coffees, juices, wine and imported beers. Operating hours are from 10:00 a.m. to 12:00 p.m. Sunday through Saturday. SPECIAL CONDITIONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. In addition, special uses may also be required to comply with the additional requirements, which are set forth in Section 20- 3.4(13)(4)(b). In the case of a general restaurant the following supplemental requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii)The city commission shall review and recommend approval, disapproval or modification of all site plans and projects specifications for this special use permit. 5701 Sunset Drive/ Space A01 Special use approval September 1, 2000 Page 2 of 3 STAFF ANALYSIS: The proposed use is located in the "SR" Specialty Retail district. A general restaurant is permitted with a Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. A general restaurant shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design shall provide a sit -down area for the customers. The applicants are requesting a special use permit to operate a General Restaurant, to be named Padarette, in tenant space A01. The proposed area of the restaurant is shown as 1,815 square feet, and it is a full service restaurant with a seating capacity for approximately fifty patrons. The applicant intents to have outdoor seating and offer alcoholic beverages, both require separate permits. On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. Please note, the following table depicts the status of allocated square footage that was approved by the Planning Board and the City Commission: Current Status of Restaurants located in the Shops at Sunset Place Name of Restaurant Square I Footage Date of Planning Board Appearance Date of City Commission Hearin GameWorks 5,170 Recommendation for approval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5/12/98 Approved 6/02/98 The Country Store 8,279 Recommendation for approval 5/12/98 Approved 6/02/98 Coco Pazzo 5,785 Recommendation for approval 5/12/98 Approved 6/02/98 Johnny Rockets 2,386 Recommendation for approval 5/26/98 Approved 6/09/98 Xando Converted to retail use Havna Republic 560 N /A- Permitted use Stir Crazy Cafe Pulled out Padarette 1,815 Recommendation for approval 8 /08/00 Total 36,681 Area remaining for restaurant use: 24,569 sq.ft. The requested special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the proposed use meets the conditional requirements set forth in Section 20- 5.8 in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use, b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. This application does not conflict with the Comprehensive Plan. 5701 Sunset Drive/ Space A01 Special use approval September 1, 2000 Page 3 of 3 PLANNING BOARD ACTION: The subject application was presented to the Planning Board at its August 8, 2000 meeting. At that time the Board adopted a motion (6 -0) recommending approval of this application. RLCOMMLNDATION: APPROVAL Attachments: Proposed draft resolution Letter of intent /Application Letter dated 7/6/00 from Simon Property Group Site and floor plans Copies of Public notices Planning Board Minutes dated 8/8/00 CC \Agenda\20001lops at Sunset place- Restaurant CC- 014.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "PADARETTE" IN THE "SR (HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE, SPACE A /01 /01(SHOPS AT SUNSET PLACE). WHEREAS Luis R. Boschetti, has submitted an application for a special use to allow a general restaurant to be located in the "SR(HD)" Specialty Retail, Hometown District Overlay zoning districts specifically at 5701 Sunset Drive; and WHEREAS, a general restaurant is allowed as a special use in the SR(HD), Specialty Retail, Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land Development Code Section 20- 3.4(B)(4)(b);and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on August 8, 2000, the Planning Board, after public hearing, voted 6 -0) to recommend approval of the special use request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That a special use is approved for locating a general restaurant at 5701 Sunset Drive. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5T1I, day of SEPTEMBER, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR N ZAHBO FOOD CORPORATION July 7, 2000 City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 RE: Restaurant at Sunset Place Shops Dear Sir or Madam: The information contained within this letter pertains to the proposed restaurant, which will be located at the above referenced location facing Sunset Drive. The restaurant will feature world cuisine as well as fresh baked bread, crepes, salads, pastries, sandwiches, soups, coffees, juices, sodas, gourmet products and sushi. The hours of operation will be from 10:00 a.m. until 12:00 p.m., scYz; -, W'ays a week. The garbage will be kept in a trash refrigerator and will be disposed of at hight`after hours, of operation in an enclosed plastic container. The restaurant will accommodate approximately forty to fifty indoer zeating and an additional twenty -five outdoor seats by the sidewalk area. We will have a beer and wine license on the premises. Our goal is to '.nave a restaurant with an ambience that is comfortable and casual for both couples and families. Sinc4schettd l .' Luis Z ahrour 2901 SW 8TH STREET, SUITE 204 • MIAMI /FLORIDA • 33135 PHONE: (305) 541 -7150 • FAX: (305) 541 -1314 C= t City of South Miami Planning & Zoning Department ® City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326 Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Steps . Lot(s) Block Subdivision P10 B -- c f Meets &Bounds: ` Applicant:a�bO �oo� Phone:S� a.$3- �.� Representative: ,Lvb 6O1G Zehym'L Organization: Address:j,}b/ �W - Phone: 2jr? 7/ 7,? Property Owner. Signature: Mailing Address: Phone: Architect/Engineer: �.� �S �j� evAS Phone: Cc vi) AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC Varri nce PLEASE CHECK ALL THAT APPLY: etter of intent _ Comprehensive Plan Special Use _ Justifications for change _ PUD Approval _Rezoning StaSement of N2 dnhip _ PUD Major Change _Special Exception ✓roof of owi;ershif, or letter fron. owner = ,_Other _ Power of attorney Briefly explain application and cite specific Code sections: CC tract to purchase ;: C Trent sur%;ey _ 7 copies of Site Plan and 1 reduced copy @ 8.5 "x" _ 20% Property owner signatures or a�ff avit I Section: Subsection: Page #: Amended Date: t' Mailing labe!c ;° octs) and mcp equired FFe(s)' ; The undersigned has read this completed a plication and represents that the information and all submitted materials are true and correct to the best of the icant's knowledge and belief. a{ Z.oOC7 A is i a title Date Upo. receipt, application and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1 /10 /00 L= SIMON . PROPERTY GROUP Mr. Subrata Basu, AIA, AICP Assistant City Manager/ Planning Director CITY OF SOUTH MIAMI Planning & Zoning Department 6;30 Sunset Drive South Miami, FL, 33143 July 6, 2000 4 Via FAX to 305.666.4591 Reference: RESTAURANT GROSS LEASABLE AREA PADARETTE SHOPS AT SUNSET PLACE SPACE # A/01/ 01 SOUTH MIAr1r, FLORIDA Dear Mr. Basu: This letter is to acknowledge that this tenant's square footage will count against our restaurant cap. The total square footage of Padarette is 1,815 square feet. Please contact me at your convenience if I can offer any additional assistance. I can be reached at the direct - dial number indicated below. I can also receive facsimile transmissions at (317) 685 -7222 and email at rhorkay @sinton. cons. Sincerely, Robert L. Horkay Direct Dial (317) 263 -7916 Tenant Coordinator Copy: Matt Barger, Lydia Gilmore (via FAX to 305.663.0167), Tom Schneider, Site Office (Ron Grabill, Don Lisby — via FAX to 305.663.6619), Tenant File, Central Files JUL I 2WO M: 1TeNCOR \CLNTERS103031PADAR001.DOC NATIONAL CITY CENTER o POST OFFICE BOX 7033 0 INDIANAPOLIS, INDIANA 0 46207 0 317 -636 -1600 t= r ♦V G� ,ow (HAI2IQ .LBSNn S) .LH92I.LS PUZL 'M'S 71 m 0 0� :ME i G V 4) M a U•C=a cz o�^- a c�S N N E b L � Cd N N 0 N N p R w i F Y U I� HSS ? 0 u 7o - - °- •> •3 <0 3 i HE d I C ° :w L � C wU o 0 W I p R w i t0lmLQC eccc -u 31 ( ,1 ON SOf d1d �!4001=j CI3SOdOZci dNb' 'DNI.LSIXa lot. cvca GM70 137- -" Olf _ GIVIIN3SS3 9N113d�1a WE£E VQINO —IJ NOJ.8311 3� x �+'G11Z10-7<1 — Ivuv�yv Q MCNIO male LVG 91E1 SVAMIN sim 00/c/90 dd0� Z33N'JN3 a:vc 5100:4 0r1Z 13 1g n i � S EL m= '�C 1_eNnS z g a_ 0 0 LL 0 z N J 0 a z z a z u t eL 0 i I 1 1 1 ZQ I .7 1 1 11 W ' 0 J 1 1 9 1 1 j 1 W J 1 0 Q ZI Q Z 15 EL MG L =GNng I Q z z Q t z z O_ S co o o tLJ cn O v 0 a_ I YOLL746ECY6C) x„s61YGn( *sG)'TM NV-ta NOIIMZ .S10 oaSOdONC4 9LEEE lu 1J0183'1 ICt OVON a= 13A�V2� C16 •d c_-, awl �'�C "6'� - "` /' �sc►iz�o -f_+ - lwdiw 5IVIINIGG9 9NIIJVH Ia 9L£££ V41210 -U NOIGM 00/10/ 31: NJO R131n AV8 91£1 dd0� 6100-1 oi;nwz SVA31N SIf11 N;;3N1tDN3 yoN 29-7:Xn 1 -Uva 1 1 1 ZQ I .7 1 1 11 W ' 0 J 1 1 9 1 1 j 1 W J 1 0 Q ZI Q Z 15 EL MG L =GNng I Q z z Q t z z O_ S co o o tLJ cn O v 0 a_ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami. Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Dally Business Review t!kia Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Mlaml- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING— 8/8/00 (A) ITEM: PB -00 -014 in the XXXXX ...... ........ .... court, .................. waSpublished 1, sl6ewspaper in the Issues of UU Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Mlami- Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Mlaml -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall 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 afflant further sa that sh s neither paid nor promised any person, tl or c oratio any discount, rebate, com- mission or r nd f purpo of securing this advertise- ment for p Iic he sal newspaper. 28 . da (SEAL) Octelma V. Ferbeyre p - i /�i.!�' I to4e me this y 0 0 I' NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMi t PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143 PHONE: (305) 663 -6326; FAX tt: (305) 6664591 On Tuesday, August B, 2000 at 7:30 P.M., the City of South Miami Plan - ping Board will conduct Public Hearings in the Commission Chambers at the above address on the following: - (A) ITEM: PS -00 -014 Applicant: Luis Boscheiti & Joseph Zahrour, on behalf of Zahbo Food Corp. Request: A RESOLUTION OF THE MAYOR AND CITY COM- MISSION OF THE CITY OF SOUTH MIAMI, RELAT- ING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE 'SR (HD)' SPE- CIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). Ail interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the heating. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663.6326 or writ- ing to the address indicated above. You are hereby advised that if any person desires to appeal any deci- sion made with respect to any matter considered at this meeting or hear- ing, such person will need a record of the proceedings, and for such pur- pose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. 7/28 00.3.81/76253M ../I j ........ A.D........ - C ;on6iiuAliardAb4i0TARY SEAL JANETT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. TUNE 232004 '"'—��- - Palm 9aacA 15611 i v CITY OF SOUTH MIAMI Planning Board Regular Meeting Action Summary Minutes Tuesday, August 8, 2000 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: Mr. Morton, Chair, called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was recited. II. Roll Call Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Mr. Liddy, Ms. Chimelis, Ms. Gibson, Mr. Mann (arrived 7:38 p.m.) Board member absent Mr. Illas City staff present Subrata Basu (ACM /Planning Director); Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary) III. Public Hearings (Planning Board) A ITEM: PB -00 -014 Applicant: Luis Boschetti & Joseph Zahrour, on behalf of Zahbo Food Corporation Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE PERMIT TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT, SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). Planning Board Minutes 08 -08 -00 Location: Padarette Restaurant 5701 Sunset Drive Tenant Space A 1 South Miami, Florida Action: Mr. Comendeiro read the request into the record. Staff introduced the item, summarizing their memorandum entitled Special Use Approval, 5701 Sunset Drive, dated August 8, 2000. Prior to the public hearing, the Board and staff spoke on issues related to the application, including the intent of the restaurant to eventually establish outdoor seating & dining, which falls under separate administrative approval, and lack of maneuverability for refuse removal at the restaurant, due to design of the mall. Public speakers included: Mr. Luis Boschetti, owner; and Mr. David Tucker, Sr., of 6556 SW 78 Terrace. Mr. Boschetti explained the restaurant's intended procedure for refuse removal. Following the close of the public hearing, the Board and staff discussed issues involving applications of this nature, including the city's code requirements pertaining to the issuance of special use approval for restaurants opening in South Miami, and the Shops' apparent lack of design providing for the proper removal of refuse from its restaurants. In a further discussion involving outdoor seating & dining, the Board asked that it be so informed when the restaurant is approved for such, particularly as a means of follow -up on the application. Motion: Ms. Chimelis moved approval. Mr. Comendeiro seconded the motion. Vote: Approved 6 Opposed 0 IV. Discussion Items No discussion items were scheduled at meeting time. V. Approval of Minutes Action: The Board duly voted on and approved the minutes of July 11, 2000, as submitted. Vote: Approved 6 Opposed 0 VI. Remarks/Discussion Action: Remarks /discussion items included growing concerns related to outdoor seating & dining, including those related to current fees, sufficient clearance on the public right -of- way (ROW), and public safety in general. Staff volunteered to bring the existing city Planning Board Minutes 08 -08 -00 2 ordinance concerning outdoor seating & dining to a future meeting, after which the Planning Board can offer input for modification. Other discussion items involved, but were not limited to (1) concerns related to valet parking, including if proper agreements are being drafted and if advisable to have better policing of where vehicles are being parked, and (2) invitation to the City Attorney to attend a Planning Board meeting, in order to address various issues such as Sunshine Law. Suggestion was made to have the City Attorney attend the next meeting, currently scheduled for August 29, 2000, beginning at 6:30 p.m. A member of the public, Mr. David Tucker, Sr., returned to the podium to speak. VII. NEXT MEETING ITEMS (August 29, 2000 at 6:30 p.m.) A. (Local Planning Agency) Comprehensive Plan, Future Land Use Map Amendment Applicant: JPI Apartment Development, L.P., SW 70 Street and 59 Place B. Special Use Approval for a cellular communications facility Applicant: BellSouth Mobility, 6330 SW 40 Street VIII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:40 p.m. Planning Board Minutes 08 -08 -00 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Dally 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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9/7/00 ORD. FIXING THE MILLAGE AT 6.373 WHICH EXCEEDS THE ROLLBACK RATE BY 3.34 %, ETC. in the ........... XXXXXXX ................. Court, wag pu'�biistle in said eOw� paper in the issues of 1 26 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 affianl further says that she has neither paid nor promised any person, fi orati ny iscount, rebate, com- mission or refun or the se of jecuring this advertise- ment for publi tion�ip id new aper. ....................\�. . y..,y -. w.� r.. .,, .....�• • .�... 2 5 uguS ubscribe elm me this 2000 ... d< Alf .. ..... �/A.D........ V. Ferbeyrelp�erson r kRpwjrto .ir': „,(, ~ ,.JC ILJ�;Lt: Z s 0 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at a Special City Com- mission meeting scheduled for Thursday, September 7, 2000 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, FIXING THE MIL - LAGE AT 6.373 WHICH EXCEEDS THE ROLLBACK RATE BY 3.34% AND RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2000/2001. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $12,172,435 AND PAY PLAN FOR THE 2000/ 2001 FISCAL YEAR. Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during regular office hours. Inquiries concerning this item should be directed to the City Managers Office at: 663 -6338. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing orhearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 8/25 00.3- 79/84515M /• - CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager Request: Applicant: Date: August 15, 2000 —y Agenda Item # Comm Mtg. 8 -15 -00 Re: Proposed mixed use development by Albert S. Elias at 5825 S.W.73rd Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.5, 20 -7.9, 20 -7.11 AND 20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A FOUR -STORY MIXED USE DEVELOPMENT, LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF S. W. 73RD STREET, WITIIIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITION AND TIIE BUILDING DESIGN STANDARDS OF TIIE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LANDSCAPING; AND TO ALLOW FOR ROOFTOP PARKING. Albert S. Elias INTRODUCTION AND SITE DESCRIPTION: The applicant intends to build a four story mixed use (retail, office and parking garage) building on the north side of 5800 block of SW 73`d Street, specifically located at 5825 S. W. 73` Street. The construction would take place on a City owned parking lot and on an abutting privately owned lot. In June 1997, the City issued a Request for Proposal (RFP) for the "L" shaped municipal parking lot located at the north west corner of SW 73 "d Street and SW 58'x' Avenue for a mixed use development and a parking garage. Subsequent to the City Commission selecting the applicant to design, construct and manage the development project, the applicant included the abutting building site at 5829 S. W. 73`d Street into the development proposal. The applicant proposed to reconstruct the existing Mixed use development 5825 SW 73`d Street Page 2 of 8 retail space and build additional three levels over it through an air - rights agreement with the property owner Mr. Mark Richman. The additional acquisition provides the developer with a rectangular shaped property, which has a total area of 42,668 square feet or .98 acres and allows for a more efficient configuration for a parking garage. In the intervening years the development faced many delays and a series of changes. The proposed development will provide 31,668 SF. of retail area and four on site parking spaces on the first floor. The second floor will consist of 109 parking spaces. The third and fourth floors will contain 16,860 SF of office area and 56 parking spaces on each floor. The rooftop will contain 111 parking spaces. The attached memorandum from the City Manager to the City Commission dated February 15, 2000 (background and recommendation memorandum for the first reading of the Lease Agreement) outlines the various milestones and explains how the project has evolved. ZONING SUMMARY OF PROJECT: (a) Total land area: 44,489 SF. or 1.02 acres (b) Total Building area proposed 65,389 SF./ Total building area allowed 71,182 SF. Retail square footage 31,668 Sr. Office square footage 33,720 SF. (c) FAR proposed: 1.47/ FAR allowed: 1.60 (d) Lot coverage proposed: 93.7% (41,674 SF.)/ Lot coverage allowed: 60 %, 20,000 SF. maximum per building) (e) Building height proposed: 5' 3 feet/ Allowed: 56 feet (e) Total open yard space (landscaped area) proposed: 0% / Open yard space required 5% (f) Building frontage: SW 73`d Street 100% provided/ 100% is required SW 58`x' Avenue and SW 58 °i Court 142 feet or 93.5% is proposed, where a maximum depth of 70 % plus depth of any accessory building up to 30 feet is allowable. (g) Parking calculations: Retail 31,668 square feet @ 300 SF /car = 106 spaces Office Total parking required 33,720 square feet @ 250 SF /car =135 spaces 65,388 square feet 241 spaces (w /o any mixed use adjustment) 169 spaces (w/ max. allowable 30% adjustment) Mixed use development 5825 SW 73 `' Street Page 3 of 8 Parking provided: 336 spaces Net parking gain 22 spaces (95 minus existing 73 metered spaces, w/o any mixed use adjustment) 94 spaces (167 minus existing 73 metered paces, w/ maximum allowable 30% adjustment) Note: Automatic granting of parking adjustments for multi -ttse and multi floor buildings far new projects over 25,000 SF is temporarily suspended via Ordinancel 1 -00 -1713. The City Commission,-on a case by case basis, can grant parking adjustment up to the mueinnun allowable limit. SPECIAL EXCEPTIONS REQUESTED: The following special exceptions are requested by the developer to accommodate the proposed development: 1. To increase the lot coverage from 60 %►, maximum 20,000 SF. maximum per building to 93.7 %, 41,674 SF. of building footprint. 2. To increase the building frontage on 58'x' Avenue and 58 ", Court from a maximum depth of 70 % plus depth of any accessory building up to 30 feet to 142 feet or 93.5 %. 3. To reduce Open Yard Space from 5 %► to 0 %►. 4. To waive the required landscaping elements such as fence, hedge, wall. 5. To allow for rooftop parking. 6. To reduce the alley width from 20 feet to 15 feet. PROJECT ANALYSIS: The Land Development Code specifies that construction in the Hometown District must comply with the regulations established for the district. The City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the Hometown District provisions. The Planning Board must find by substantial, competent evidence that the project must be consistent with certain criteria (a) through (g): (a) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. The proposed development provides a mix of uses that create a pedestrian oriented building edge along the sidewalk as envisioned by the Hometown District regulations. The proposed building has the potential to contribute and encourage other improvements and act as a catalyst for other developments on S. W. 73 "d Street. The proposed development provides the required parking based on the code requirements. The development, in addition, provides public parking and the majority of the parking allocated for the office is also expected to be available for evening and weekend use by the customers of local businesses. Mixed use development 5825 SW 73`d Street Page 4 of 8 (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations. All the proposed uses are allowed by the code and the development is within the prescribed FAR and the height limitations of four stories/ 56 feet. (c) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city. The architectural treatments along the three streets are generally in keeping with the design intent of the Hometown Plan. The office spaces facing the streets are treated in a scale appropriate to pedestrian experience. The treatment of the second level of the garage is of some concern to staff in that it is completely open to the sidewalk. The noise and the smell of the cars may detract from the pedestrian ambiance. It should be noted that the proposed high floor to ceiling dimensions would improve the quality of the parking floors and provide a sense of openness. The elevations along the alley and partially on the side streets are utilitarian and need to be better integrated with the rest of the building. The proposed development was presented to the Environmental Review and Preservation Board (ERPB) on May 16, 2000. ERPB deferred the item for further consideration of landscaping, softening of rooflines, introduction of canopies at street level, better articulation of the elevations, and better integration of the north elevation with rest of the building. Plans submitted do not provide the necessary dimensions and or information to establish the functionality of the garage. Information such as ramp width, parking space dimensions, turning radii, driving lane widths are critical in determining if the garage can be used in a safe and user friendly manner. The plans do not address issues of security and operational aspects of the garage. Public parking must be designed for ease of circulation with adequate turning radii and a sense of safety and security. The plans indicate some sort of control at the base of the third floor ramp. The layout as shown is not workable and any modification will result in reduction of parking. (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services. The applicant has completed the concurrency evaluation for traffic. The evaluation indicates that there are adequate roadway capacities to support the development. The study should however, define the "peak hour" and also discuss A.M. peak volume. Due to the nature of the project, the location, the number of vehicle trips generated by the development, and a concentration of additional vehicle trips generated by the public parking segment of the project, it is expected that the development will have an impact Mixed use development 5825 SW 73`d Street Page 5 of 8 on the traffic circulation around the project site. A traffic analysis is warranted to identify the level of impact of the additional traffic on the circulation and the level of service on adjacent streets and on the capacity and the operation of the nearby intersections. And finally, if there are significant impacts, the study should address mitigation necessary to offset those impacts. An important element of the overall traffic circulation is the alley on the north side of the property. The Hometown District regulations (LDC Section 20 -7.13 Regulating Plan) require that an alley be dedicated at the north end of the property. An alley is defined as " a 20 — 24 feet wide way providing access to the rear of lots and buildings." The development proposes to dedicate an easement of 10 feet along the north property line. An additional easement of 5 feet is recorded on the property north of the subject site creating an alley of 15 feet. It is the position of the developer that the adjacent property owners should equally dedicate area needed to assure a 20 feet wide alley. From a perspective of overall traffic circulation of service vehicles in downtown the circulation pattern on the rear alley is of great importance and must be addressed in the overall traffic circulation analysis. A properly functioning alleyway is an integral part of Hometown Plan, especially with narrowing of Sunset Drive. It should be specifically noted that the Miami -Dade Fire Department has the final authority in determining the minimum width that will be required for fire access. The applicant has obtained Sewer Capacity Certification from Miami -Dade County Department of Environmental Resources Management. The applicant has submitted a Water and Sewer availability and connection letter from Miami -Dade Water and Sewer Department. Solid waste generated by the development is contained within the site. The developer will be required to enter into a contract with a waste collection company to haul away the waste from the site. The proposed development is not expected to have any impact on open space, parks and recreational facilities. All storm drainage related issues, on and off site will be addressed and designs have to comply with the requirements of the South Florida Building Code at the time of issuance of building permit. Other County concurrency requirements and impact fees for items such as fire, water, schools will have to be satisfied by the developer during the permitting process. (e) The proposed development does not expand the permitted uses within the Hometown District. All the uses proposed are permitted within the Hometown District. Mixed use development 5825 SW 73rd Street Page 6 of 8 (f) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. The proposed development will substantially increase the tax base generated by the property and will provide opportunities for jobs for the local residents. Incorporation of office space into the development allows for greater mix of uses in downtown and develops a permanent base of clientele for the local businesses. Availability of additional parking in the weekends and the evening hours will also benefit the local businesses. The impetus of the RFP issued by the City was to respond to the Land Development Code requirement that the parking in the Hometown district be developed and managed as an element of infrastructure. The importance of such a concept is that it provides district wide parking and discourages building parking garage at every block. The proposed development does not provide enough public parking to adequately address the parking infrastructure concept. Long term parking policy implications of not developing parking as an element of infrastructure is that the medium to large -scale developments, which are able to provide onsite parking, would continue to require a series of special exceptions. Smaller properties, on the other hand, will be prohibited from being developed since they would not be able to either provide on site parking or have parking available off site. Due to the critical location of the site, the activities during construction period will temporarily disrupt the retail district in and around the site and like any other disruption, is expected to have adverse economic impact on the local merchants. Any construction schedule will require measures to mitigate such impact. (b) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The development is within the prescribed regulations for development density, height and use. The suggested mix of uses of the development will not create excessive overcrowding or undue concentration of population that is beyond what is envisioned within the Hometown District. Staff generally finds the requests for Special Exceptions meet the intent of the Iometown District Overlay Ordinance and the requirements set forth in the Land Development Code for granting such exceptions. The special exception request to increase the lot coverage is essential for the development of a parking garage, which was the primary purpose of the RFP. The special exception to increase building frontage along 58'x' Court and 58 °i Avenue is necessitated, again by the dimensional requirements of the parking garage. The dimensional requirements of a parking garage in relation to the size of the property preclude development of any landscaped open space and other landscape features. However, the developer should propose other creative ways of providing the effects intended to be created by landscaping. These may include street trees, portable planters, vertical trellises with flowering or non - flowering vines etc. The request for roof top Mixed use development 5825 SW 73rd Street Page 7 of 8 parking is a reasonable request for a parking garage. With adequate architectural controls, roof top parking will not detract from the pedestrian experience of downtown and can minimize the visual impact of a parking garage. The reduction of the width of the alley as an interim measure till such time additional dedications can be made is acceptable, subject to Miami -Dade Fire Department approval and if it fits in well with the overall traffic circulation pattern. There are a number of significant issues that are currently either unresolved or are not adequately addressed. They are as follows: • Traffic circulation, including the alleyway. • Landscaping. • Development controls to mitigate disruption to adjacent commercial areas and businesses during construction. • Width of the Alleyway • Physical layout of the garage • Building elevations, especially along the alley PLANNING BOARD ACTION The subject application was presented to the Planning Board at its May30, 2000 meeting. The Board adopted a motion (4 -1) recommending denial of the application. RECOMMENDATIONS: Consideration of the special exception requests should include the following conditions: 1. Traffic Circulation — That a traffic circulation plan, acceptable to the City, be approved prior to issuance of a Building Permit; 2. Landscaping — That a revised and upgraded landscape plan, acceptable to the City, be approved prior to issuance of a Building Permit; and 3. Construction Impact — That a construction impact mitigation program, acceptable to the City, be approved prior to issuance of a Building Permit. 4. Width of the Alleyway — Subject to final approval by the Fire Department. Attachments: Application Letter of Intent (original & revised) Property Survey Memorandum of Understanding between SPG Phase One Ltd. and Mark Richman Mixed use development 5825 SW 73rd Street Page 8 of 8 Site plan, floor plans and elevations Concurrency evaluation of Traffic Sewer Capacity Certification Water and sewer availability and connection letter Letters from BellSouth and FPL confirming availability of service Affidavit re: Property Owners Signature for Awareness City Managers report for I" reading of the lease Letter dated May 8, 2000 requesting required information Planning Board meeting minutes of May30, 2000 k \ComnAAgend\6 /18 /20001SPG Phase lmixeduse5825 SW 73 street report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TIIE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.5, 20 -7.9, 20 -7.11 AND 20 -7.13 OF TIIE LAND DEVELOPMENT CODE FOR A FOUR -STORY MIXED USE DEVELOPMENT, LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF S. W. 73 111) STREET, WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITION AND TIIE BUILDING DESIGN STANDARDS OF THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LANDSCAPING; AND TO ALLOW FOR ROOFTOP PARKING. WHEREAS, the applicant Albert S. Elias, submitted a letter of intent to build a mixed use project within the Hometown District located at 5825 SW 73`d Street, and WHEREAS, the applicant is seeking Special Exceptions to vary from Sections 20 -7.5, 20 -7.9, 20 -7.11 and 20 -7.13 of the South Miami Land Development Code, and WHEREAS, the City Commission acknowledges that on May 30, 2000, the Planning Board voted 4:1 to recommend denial of the Special Exception request; and, WHEREAS, notwithstanding the recommendation of the Planning Board, the City Commission finds the project to be of sufficient merit to approve, with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the staff report dated August 15, 2000 with all its attachments is made part of this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 2: That the City Commission approves the special exceptions requested with certain conditions. Section 3: That the conditions of approval are as follows: a) Traffic Circulation — That a traffic circulation plan, acceptable to the City, be approved prior to issuance of a Building Permit; b) Landscaping — That a revised and upgraded landscape plan, acceptable to the City, be approved prior to issuance of a Building Permit; and c) Construction Impact — That a construction impact mitigation program, acceptable to the City, be approved prior to issuance of a Building Permit. d) Width of the Alleyway — Subject to final approval by the Fire Department. Section 4: That the applicant is encouraged to train or to hire residents of the City to work at the project. Section 5: This resolution sliall take effect immediately upon approval. PASSED AND ADOPTED this 15`x' day of August, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR Commission Vote Mayor Robaina Vice Mayor Feliu Commissioner Russell Commissioner Bethel Commissioner Wiscombe City of South Miami Planning 1& Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326' Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission. .19 '1 A 2'7 A /.n r_ r Address of Subject Property: Lot(s) Block Subdivision W _ A _ t, a r k, n Parking Lot on SW 78th Street between PB 77 198 Meets & Bounds: S W 5 8th • C t . & SW 58th Ave. Applicant: SPG Phase One, Ltd.', , a Florida Phone: limited partnership (305) 661 -1815 Representative:' Organization: Al Elias, President of General Partner Address: Phone: 7150 SW 62nd Ave., S.'Miami, FL 33143. (305) 661 -1815 Property Owner. Signature: City of South Miami Mailing Address: Phone: 613D.Sun'set Drive, South Miami, FL 33143. Agchitect/En mee Phone: FerguM, Flasgow, a •; Schuster, Soto,* Inc.. (305) 443 -7.758 "s i AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: - _,Owner x Owner's Representative Contract to purchase _Option to purchase. _ T.nant/Lecsee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS ` • s' .. F < , , PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT f,PPY: r _ Text Amendment to LDC Variance x Letter of in-ent _Comprehensive Plan _Special Use ' —Justifications for"change PUD Approval Rezoning. " ' FW a ♦ 1 F 1 Statement cf.hwiship _ PUD Major Change iSpecial Exception x Proof of ownership or lettz: tiram owrsr. z _Other • —Power of atlon iey Briefly explain application.and cite specific Code sections: _ Contract to purchase ' x Current survey ` x 7 copies of Site Plan and 1 reduced copy @ 8.5 "x19" x 20% Property owner signatures or affidavit Section? 0 - 7 SaMection: Page #: 17 7 Amended Date: S u p p . 1. x Mailing labels (3 sets) and map . x Required Fee(s) The undersigned as read this com Ieted application and represents that the information and all submitted, materials are true and come �� the bes o ea_p cant5s go,9V &s and �enrecf. Ltd.. BY: (mot L Presi ent April 283, 2000 Applicant's Si " ture and title Date ert . Elias, President, The Initial Phase, Inc., General Partner Upon receipt, application and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1 /10 /00 OgIG��AL- SPG PHASE ONE, LTD. 7150 S.W. 62"a Avenue South Miami, FL 33143 (305) 661 -4506 or (305) 667 -7873 April 28, 2000 Mr. Charles Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Mr. Subrata Basu Director of Planning & Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Application for Special Exception filed by SPG Phase One ( "SPG", Ltd. for Multi -Use Retail Office and Parking Garage Development ( "Development ") under Resolution No. 198 -97- 10168 /Notice of Award dated September 19. 1997 ( "Applications. Dear Messrs. Scurr and Subrata: This submittal provides information that will be helpful in reviewing and granting. the above - referenced Application. The City of South Miami (the "City ") owns real property (the "City Land ") located at the corner of S.W. 73rd Street and S.W. 58th Avenue which is presently used as a municipal parking lot ( "City Land "). SPG intends to build a mixed - use retail, office and parking garage development on the City Land as more particularly described in the architectural drawings submitted as exhibits to the Application. SPG has entered into a memorandum of understanding with MRP Properties, Inc. ( "Memorandum "), which owns land contiguous to the City Land located at the corner of S.W. 73rd Street and 58th Court ( "MRP. Land "), for the inclusion of the MRP Land in the Development. The City intends to lease the City Land to SPG on a long term basis (the "Lease ") so SPG can proceed with the Development. The Lease was approved by the City Commission on first reading February 15th, 2000. Mr. Charles Scurr, City Manager Mr. Subrata Basu, Director of Planning & Zoning April 28, 2000 Page Two MRP and SPG desire that portion of the Project be built in a portion of the airspace over the MRP Land (the "Airspace ") so as increase the developed areas of both properties, to provide an overall uniform appearance of the Project. Pursuant to the Lease and the Memorandum, MRP Properties is willing to deed the Airspace to the City in exchange for SPG demolishing the existing building on the MRP Land and constructing a new building on the MRP Land pursuant to the Lease and Memorandum. The purpose of this letter is to outline the variances from the Land Development Code ( "Code ") of the City of South Miami, and the public policy reasons these requests should ultimately be approved by the City Commission. The Application requests that the City Commission waive strict compliance with the following provisions of the Hometown District Overlay Ordinance: By utilizing rooftop parking, the Project adds 111 parking spaces while still remaining within the height requirements. The Project is located within a commercial district where the lighting of the rooftop parking will not impact any residential areas and will not materially affect the overall lighting in the area. While opportunities are limited for onsite landscaping, a number of items have been incorporated into the design. The applicant will provide appropriate street trees along the sidewalks surrounding the Project . In the area of the retail and office space, the applicant will install exteriorplanter boxes atthe second parking level. In the other areas of the facade, numerous planter boxes will be provided at different levels to introduce color and soften building surfaces. Special Exception Section Number Requested 1. Rooftop Parking 20 -7.9 2. Landscaping 20 -7.9 3. Lot Coverage 20 -7.9 93.7% 4. Open Yard Space 20 -7.9 0.0% 5. Depth of Building 20 -7.9 100% By utilizing rooftop parking, the Project adds 111 parking spaces while still remaining within the height requirements. The Project is located within a commercial district where the lighting of the rooftop parking will not impact any residential areas and will not materially affect the overall lighting in the area. While opportunities are limited for onsite landscaping, a number of items have been incorporated into the design. The applicant will provide appropriate street trees along the sidewalks surrounding the Project . In the area of the retail and office space, the applicant will install exteriorplanter boxes atthe second parking level. In the other areas of the facade, numerous planter boxes will be provided at different levels to introduce color and soften building surfaces. Mr. Charles Scurr, City Manager Mr. Subrata Basu,. Director of Planning & Zoning April 28, 2000 Page Three Due to the irregular shape of the City Land, applicant was unable to create a multi -story parking structure without incorporating the new MRP Building into the overall structure and thus acquiring the MRP air rights for the City. To provide the parking stalls and internal driving lanes, it is necessary to make maximum use of the combined properties. Parking structures, which by their nature are exceptions to the normal lot coverage; open space and building depth requirements, are contemplated in the Home Town Plan and meet the spirit and intent of the Home Town District Overlay Ordinance. Should you need further information, please let us know. Sincerely, SPG Phase One, Ltd. Albert S. Eli s President ASE.sys Enclosures �Vab April 27, 2000 Mr. Charles Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 r • i • Y • • • i � a 6 • • i • 1 4 SPG PHASE ONE, LTD. ®t•t I. 7150 S.W. 62 "d Avenue " t .• ". ^r rte a r • South Miami, FL 33143 (305) 661 -4506 or (305) 667 -7873 a. s a • t s a s t . .. a .. ♦ . r v i A rr L c Mr. Subrata Basu Director of Planning & Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Application for Special Exception filed by SPG Phase One ( "SPG'), Ltd. for Multi -Use Retail, Office and Parking Garage Development ( "Development ") under Resolution No. 198 -97- 10168 /Notice of Award dated September 19, 1997 ( "Application ") Dear Messrs. Scurr and Basu: This submittal provides information that will be helpful in reviewing and granting the above - referenced Application. The City of South Miami (the "City ") owns real property (the "City Land ") located at the corner of S.W. 73�d Street and S.W. 58th Avenue which is presently used as a municipal parking lot ( "City Land "). SPG intends to build a mixed - use retail, office and parking garage development on the City Land as more particularly described in the architectural drawings submitted as exhibits to the Application. SPG h as entered into a memorandum of understanding with MRP Properties, Inc. ( "Memorandum "), which owns land contiguous to the City Land located at the corner of S.W. 73`d Street and 58th Court ( "MRP Land "), for the inclusion of the MRP Land in the Development. The City intends to lease the City Land to SPG on a long term basis (the "Lease ") so SPG can proceed with the Development. The Lease was approved by the City Commission on first reading on February 15, 2000 r rs rr ♦r• a r m ♦ � a t mc:vs r r n a MRP and SPG desire that a portion of the Project be: bunt int a ; portion of the airspace over the MRP Land (the "Airspace ") so as increase the developed areas of both: properties, to provide an overall uniform appearance of the Project. Pursuant to the Lease and the Memorandum, MRP Properties is willing to deed the Airspace the City in exchangefor SPG demolishing the existing building on the;MRP Landand c;:onstructing: a new building on the MRP Land pursuant to the Lease and _Memorandum.= m r raa i c.aa s The purpose of the Application is so that the City Commission may waive strict compliance with the following provisions of the Hometown District Overlay Ordinance: Special Exception Section Number 1. Rooftop Parking 20 -7.9 2. Lot Coverage 20 -7.9 3. Open Yard Space 20 -7.9 4. Width of Rear Alley 20 -7.28 5. Depth of Building 20 -7.9 Provided below is an analysis of the factors listed in based upon findings in accordance with Section 20- 7.51(A)(1) through (A)(7) of the South Miami Land Development Code as they relate to the Application: Factor 1: The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. Response: a) The Development will provide much needed parking for all of the existing businesses in the project area as contemplated and determined to be essential by the City in connection with its request for proposal for the Development. b) Because of its design as a hometown town center as envisioned by the Hometown District, the ground floor retail area of the Development will contribute to South Miami's "main street" business center. .aa aa• s • t woe s a m a .. . L f S d a • • c) The new retail shops and office- space_ cieatea ,by;the: Development will encourage more dev _-lbpment 'of a similar: nature along 73rd Street and therefore act as a catalyst to the creation and improvement of other. busine, >ses. `« Factor 2: The proposed development is compatible with .&.,lame, useq and development intensities prescribed by all applicable city regulations. Response: The Development represents only uses (parking, office and retail) which are presently operating in the area. Parking is in great demand in the project area and the need will be even greater after the Shops at Sunset Place are able to adjust their marketing mix and draw more customers. The parking will be available on nights and weekends for the benefit of the City as per the Lease. Factor 3: The proposed development must possess integrity of design compatible with the design. criteria established for the Hometown District and with the overall image of the City. Response: a) In comparison with the existing buildings in the Hometown District, the Development is large in scale. To make the larger scale more compatible, the exterior perimeter walls of the upper level parking areas will camouflage the parking garage area and be coordinated with the facades of the Development and other buildings in the area. b) The Development will demonstrate complete design and aesthetic continuity, repeating details throughout but without the repetitiveness of a "cookie cutter" design or a strip development. c) The theme or image of the Development will reflect times past, a gentler time, giving a feeling of permanence and stability. The Development would not be a modern, futuristic design which would be inconsistent with the goals of the Hometown District. d) The adjoining existing single -story building on the MRP Land will be demolished and a new building on the MRP Land will be completely integrated into the Development. This will be a substantial improvement over the appearance of the existing structure on the MRP Land. 3 Y i i Factor 4: The proposed development shall be desiGnyd i,n ra marten rthat provides for effective management o*._ Imftic (�eh!culart z�n'd' pedestrian), parking, lighting, noise and waste .generated by the development, and management of the impacts of the development on public facilities and services. w a a . it ti L s ♦ii Response: a) The Development will be designed with an interior service alley to be used for all pickup and deliveries, trash pick -up and even user drop -offs so as not to block traffic on the streets. b) The angle parking on 73rd Street has been eliminated and replaced with parallel parking, thereby eliminating the hazardous backing out condition. c) The Development will also have several elevators at different points around the project to service upper levels and to facilitate pedestrian movement in the project area. Factor 5: The proposed development does not expand the permitted uses within the Hometown District. Response: The Development will not expand the permitted uses within the Hometown District and complies with the existing zoning classification. Factor 6: The proposed developmentwill not have an unfavorable effect on the economy of the City of South Miami. Response: The Development will not have an unfavorable effect on the economy of the City because the Development is consistent with existing uses (parking, office and retail) which have proven to be financially successful. The Development will provide adequate parking to the expanded retail use portion of the Development, to the office portion of the Development as well as additional parking to the public to better serve existing merchants in the area, particularly those businesses operating along 72nd Avenue and 73rd Avenue. Factor 7: The proposed development, when considered cumulativelywith other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. ' _ u a @ hai iRW 6•W t a. J • W s ., e a a r 6ietJ s a t Response: The Development will not create exc ssi;e ,overc�gVgirtig: 9, r to concentration of people or population bec3Cse the GevelopmQrt is: designed to better serve the existing merchants of the Hometown District. The vertical, mixed -use design, minimizes land use and space requirements with emphasis o*,i:.parking to solve. parlijng : demands which are not being satisfied,. under Ndisting� co.rditions: and which will become heavier as the downtown area of the City grows. The Projectwill be providing space for a City of South Miami police sub - station on'site at no charge to the City. The second level of the structure will be metered municipal parking and will be open 24 hours a day, seven days per week. Access beyond the second level will be gated and available only during operational hours of the building. There will be 108 metered parking spaces on the second level. 73 spaces will belong to the City of South Miami and 35 spaces to SPG. The City of South Miami will collect the revenue from their meters and SPG will collect the revenue from their meters. The City of South Miami will be responsible for enforcement and will retain the ticket revenue from all 108 meters. Should you need further information, please let us know. Sincerely, SPG Phase One, Ltd., a Florida limited partnership By: The Initial Phase, Inc., a Florida corporation and general partner of SPG Phase One, Ltd. By: C� Y Albert S. Elias, President ASE:sys anlf.Vn`y 47g6 'RfQ 7jnoo 4786 •RI•S LU t� V/ z V I , U` 1f- z Q� ,tl Yi:q• qY'd �RYa ^,ga 0 6, s f d s b° ° g�4 YIN "4N d Me x1fil c i, oil RM-1n Me 1v !e r? �E �w A� S r �nucap 4744 -yri'S — - — - --- - - -- - -- -- - t b'Y 113 b < I Is4 a� roar �•. — _' „�"w'°'^P^'IiY7�3 ICJ- // Y ... .. .. ` _�•i• _. 7eee• � q) I Ya�'i;11 0 nk I p 4 1 t a $I$ M 0 fI ,; ly � FI � '' � � �� �, d� b � �t t • i.u.a•w.....,., ....... • -.,.•. -••.• y I I F3 .I n I I April 27, 2000 HAND- DELIVERED Mr.- Charles Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Mr. Subrata Basu Director ofPlanning and Zoning City of South Miami 6130 Sunset Drive South Kami, Florida 33143 Application for Special Exceptions by SPG Phase One, Ltd. For Multi -Use Retail, Office and Parking Facility ("Projecvty ") under Resolution No. 198- 97- 10168/Notice of Award dated September 19, 1997 ( "Application') Dear Messrs. Scurr and Basu: Ws is to confirm that I hereby grant permission to SPG phase One, Ltd. ( "SPG ') to file the Application. I have entered into a Memorandum of Understanding with SPG wherein I agree to convey the air rights above the strip shopping center located at S.W. 73rd Street and S.W. 581' Court which adjoins the site for the Project, provided the City approves the.application and executes the ground lease and other agreements necessary for the construction of the Project. Sincerely, Mark Richman cc, Albert Elias Parker D. Thomson MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "Memoranmdum ") is entered into by and between SPG Phase One Ltd., a Florida limited partnership ( "SPG'), and Mark Richman Properties, Inc.; a Florida corporation ( "NW ") The City of South Miami (the "City ") owns real property (the "City Land ") located at the corner of S.W. 73' Street and S.W. 5e Avenue which is presently used as a municipal parking lot ("City land "). NW owns land contiguous to the City Land located at the corner of S.W. 73"' Street and 58' Court ( "MRP Land") which is improved by a one story retail building (the "Old MRP Building "), The City intends to lease the City Land to SPG on a long term basis (the "Lease ") for the development and operation of a mixed use retail, office and parking facility (the. "Project"). The City of South Miami Commission has passed a resolution approving SPG as the developer of the Project and a separate resolution wherein the site plan of the Project was approved (collectively the "Resolutions "). The I RW and SPG desire that a portion of the project be built in a portion of the airspace over the MRP Land (the "Airspace) so as increase the developed areas of both properties, to provide an overall uniform appearance of the Project and to provide for the sharing of common area maintenance. '.NW is willing to deed the Airspace to the City in exchange for SPG demolishing the Old NW Building and constructing a new building on the NW Land pursuant to the Lease. MRP and SPG will enter into an Air Rights and Development Agreement (the "Development Agreement "). This Agreement is strictly dependent on MRP and SPG entering into a Development Agreement acceptable to both parties and their respective legal. This Memorandum has been executed and caused to be delivered in Miami Dade County, Florida, to be effective in all respects as of April 26, 2000. SPG Phase One Ltd., a Florida limited partnership By: Initial Phase, Inc., a Florida corporation and general partn of, PG Phase One, Ltd. Albert S. Elias, President Mark Richman Properties, Inc., a Florida corporation Mark Richman, President Page 1 of 1 CL rip iff solo Lai A t/ Li 5. V;(). C&O REVISIONS fqWcr r6 i South Miami Parki'I�'Lrag- gipsgo1v pm I P South Miomi, Florid;. schVste*r"doto, inc solo ..� ,�� s a s s 1 7 it it tr am I T�t L I fe7gusdn .4 I- S. ti-E o PIE Ll 9 !1 A U 9 Scuth Miami, Flor;d� scVdste*r' soto, inc am saaa aaaa • fill • • I T�t L I fe7gusdn I- S. ti-E o PIE Ll 9 !1 A U 9 Scuth Miami, Flor;d� scVdste*r' soto, inc 4 1 -0 saaa aaaa • fill • • L I fe7gusdn I- S. REVISIONS o 95 South Miami Parking G�prag�.- gbsclow I 9 Scuth Miami, Flor;d� scVdste*r' soto, inc I I alto) • 1 SO 0!! cl P RNT p IONS REVISIONS South Miami Parking d--'rage' South Miami, Flo,;tl'. TsU S0116 t (I gl�.-sgow, PE =0-, schNtee `tbto, 1 web C. SPG Phase One, Ltd. 7150 S.W. 62nd Avenue South Miami, FL 33143 (305) 667 -7873 April 28, 2000 Subrata Basu Assistant City Manger City of South Miami 6130 Sunset Drive, 2nd Floor South Miami, FL 33143 Re: South Miami Parking Garage & Office Building Dear Subrata: Enclosed herewith is the Traffic Concurrency Analysis (as prepared by Transport Analysis Professionals, Inc., dated April 28, 2000), that needs to be processed with our Application and included in our file. Sincerely, SPG Phase One, Ltd. 6�� j "--" te6� Albert S. Elias President ASE:sys Enclosures Z A WA kWA 7AF#4k TRANSPORT ANALYSIS PROFESSIONALS, INC. 8701 S.W. 1371h AVENUE - SUITE 210 - MIAMI, FL 33183 -4498 - TEL 305/385 -0777 - FAX 305/385 -9997 FAX & HAND DELIVERY April 28, 2000 Mr. Albert Elias President SPG Phase One, Ltd. 7150 SW 62nd Avenue South Miami, Florida 33143 RE: South Miami Office Building and Parking Garage Traffic Concurrency Analysis Dear Mr. Elias: Transport Analysis Professionals., Inc., has performed a traffic concurrency analysis for the proposed multi -use development to be located on the north side of SW 73`d Street between SW 58 " Court and SW 58 "' Avenue in the City of South Miami. The traffic concurrency analysis summarized in this letter uses information from the City's Comprehensive Plan as well as procedures and data provided through Miami -Dade County's concurrency management system. Data contained herein includes trip information about recently approved developments in the area as well as the final set of square footage allocations among uses proposed at the multi -use site. Proposed Development The proposed site contains the following uses and size: Ground Level: Retail — 30,500 sf Second Level: Parking —109 spaces Third Level: Office — 17,500 sf and 56 parking spaces Fourth Level: Office — 17,500 sf and 56 parking spaces Rooftop Level: Parking —111 spaces Existing Roadway Network The attached Exhibit 1 shows the location of the site in relation to major roadways in the immediate area. The three major roadways providing principal access for downtown South Miami and for the site are South Dixie Highway (US 1), Sunset Drive (SW 72nd Street) and Red Road (SW 57" Avenue). The location of roadway monitoring stations for the Miami -Dade County concurrency management system are also illustrated in Exhibit 1. The five stations and the available capacities for each are listed in Table 1. The available capacities listed account for existing traffic as well as any other approved but not yet built or operational developments that have undergone development review and trip reservations recorded by County concurrency monitoring staff. Planning e Design and Engineering • Accident Reconstruction Mr. Albert Elias April 28, 2000 Page 2 Table I Available Reserve Capacity PM Peak Hour Recently Current Reserve Concurrency Available Base Approved Peak Hour Station Location Capacity* Development ** Capacity 164 US 1 south of Sunset Drive 2,598 153 2,445 127 US 1 north of Sunset Drive 3,294 159 3,135 70 Sunset Drive west of US 1 126 73 53 656 Sunset Drive east of Red Road 783 41 738 634 Red Road north of Sunset Drive 1,793 174 1,605 * Sources: City of South Miami Comprehensive Plan and Miami -Dade County Concurrency Center— 11/15/99 ** Reflects capacity consumed by the following recently approved developments: - Office /retail at southeast corner of SW 73'j Street and SW 5Th Court, - Officehetail at 5920 South Dixie Highway, and - Office /retail/residential (including theatre, restaurant, micro brewery, townhouse and apartments) on SW 74`h Street west of SW 59 ".' Court and SW 59 "' Place. - Retail (Starbucks) Site Traffic Generation Data from the Institute of Transportation Engineers' (ITE) Trip Generation sixth edition was used to estimate daily and PM peak hour traffic generated by the multi -use site and show in Table 2. ITE's Trip Generation Handbook was used to estimate internal trip making within the multi -use development. The internal satisfaction of trips among the different users at the site as well as between these site uses and multiple other uses within reasonable walking distance are shown in Table 3. Table 2 Daily and PM Peak Hour Traffic Generation Daily PM Peak Land Use Volume Hour Volume Office — 35,000 sf 593 119 Retail (New) — 30,500 sf 1,240 79 Retail (Old) — 8,000 sf <325> <21> Total: 1,508 177 Mr. Albert Elias April 28, 2000 Page 3 Table 3 PM Peak Hour Volume Adjusted for Internalized, Trips PM Peak Internalized Internalized Net Land Use Volume Rate* Trips Volume Office — 35,000 sf 119 0.03% <4> 115 Retail (New) — 30,500 sf 79 0.23% <18> 61 Retail (Old) — 8,000 sf <21> 0.23% <5> <16> Total 177 -- <27> 160 Source: Institute of Transportation Engineers' THp Generation Handbook Table 4 Cardinal Distribution of Site Traffic (TAZ 9915) Direction Percent Site Daily Trips PM North- northeast 25% 322 40 East - northeast 12% 154 19 East- southeast 3% 39 5 South- southeast 1% 13 2 South - southwest 13% 168 21 West - southwest 20% 258 32 West - northwest 10% 129 16 North - northwest 16° ° 206 25 Total 100% 1,289 160 After distribution the proposed site's traffic, the subject concurrency monitoring stations were tested to determine if site traffic exceeds acceptable concurrency traffic volume limits. The result is depicted in Table 4. Mr. Albert Elias April 28, 2000 Page 4 Table 5 Site Traffic Assignment to Traffic Concurrency Monitoring Stations Concurrency Project Trips Available Station Location Daily PM Peak Trip Reserve* 164 US 1 south of Sunset Drive 168 21 2,424 127 US 1 north of Sunset Drive 322 40 3,095 70 Sunset Drive west of US 1 387 48 6 656 Sunset Drive east of Red Road 206 26 712 634 Red Road north of Sunset Drive 206 25 1,580 Total 1,289 160 * After project PM peak Hour trip assignment; i.e., Table 1 last column minus project PM traffic assignment. Conclusion The future condition with the multi -use development constructed and fully operational will result in sufficient capacity remaining on the major roadway network. The transportation network sites analyzed in this concurrency evaluation and the analysis techniques used are consistent with the sites monitored and the procedures used by governmental agencies. The transportation network sites monitored have sufficient capacity (trip reserve) to absorb the additional new traffic to be generated by the multi -use development. Sincerely, TRANSPORT ANALYSIS PROFESSIONALS, INC. Richard P. Eichinger Senior Traffic Engineer RPE /ja/0520 Attachments i .� General Site Location 8c ffic Concurrency Monitoring Sites n TRANSPORT ANALYSIS PROFESSIONALS Summary of Trip Generation Calculation For 30.5 T.G.L.A. of Specialty Retail Center April 26, 2000 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 40.67 13.70 1.00 1240 7 -9 AM Peak Hour Enter 0.00 0.00 1.00 0 7 -9 AM Peak Hour. Exit 0.00 0.00 1.00 0 7 -9 AM Peak Hour Total 0.00 0.00 1.00 0 4 -6 PM Peak Hour Enter 1.11 0.00 1.00. 34 4 -6 PM Peak Hour Exit 1.48 0.00 1.00 45 4 -6 PM Peak Hour Total 2.59 1.74 1.00 79 AM Pk Hr, Generator, Enter 3.08 0.00 1.00 94 AM Pk Hr, Generator, Exit 3.33 0.00 1.00 102 AM Pk Hr, Generator, Total 6.41 0.00 1.00 196 PM Pk Hr, Generator, Enter 2.81 0.00 1.00 86 PM Pk Hr, Generator, Exit 2.12 0.00 1.00 65 PM Pk Hr, Generator, Total 4.93 0.00 1.00 150 Saturday 2 -Way Volume - 42.04 13.97 1.00 1282 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Sunday 2 -Way Volume 20.43 10.27 1.00 623 Sunday Peak Hour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Summary of Trip Generation Calculation For 35 Th.Gr.Sq.Ft. of General Office Building April 26, 2000 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7 -9 AM Peak Hr. Total: 4 -6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: LN (T) _ . 768LN (X) + 3.654, R ^2 = 0.8 LN (T) _ .797LN (X) + 1.558 R ^2 = 0.83 , 0.88 Enter, 0.12 Exit T = 1.121(X) + 79.295 R ^2 = 0.82 , 0.17 Enter, 0.83 Exit LN (T) _ .797LN (X) + 1.558 R ^2 = 0.83 , 0.88 Enter, 0.12 Exit T = 1.121(X) + 79.295 R ^2 = 0.82 , 0.17 Enter, 0.83 Exit T = 2.136(X) + 18.473, R ^2 = 0.66 LN (T) _ . 814LN (X) + -.115 LN (T) _ . 863LN (X) + .306, R ^2 = 0.5 LN (T) _ . 605LN (X) + -.228 R ^2 = 0.56 , 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 16.93 0.00 1.00 593 7 -9 AM Peak Hour Enter 2.03 0.00 1.00 71 7 -9 AM Peak Hour Exit. 0.28 0.00 1.00 10 7 -9 AM Peak Hour Total 2.31 0.00 1.00 81 4 -6 PM Peak Hour Enter 0.58 0.00 1.00 20 4 -6 PM Peak Hour Exit 2.81 0.00 1.00 98 4 -6 PM Peak Hour Total 3.39 0.00 1.00 119 AM Pk Hr, Generator, Enter 2.03 0.00 1.00 11 AM Pk Hr, Generator, Exit 0.28 0.00 1.00 10 AM Pk Hr, Generator, Total 2.31 0.00 1.00 81 PM Pk Hr, Generator, Enter 0.58 0.00 1.00 20 PM Pk Hr, Generator, Exit 2.81 0.00 1.00 98 PM Pk Hr, Generator, Total 3.39 0.00 1.00 119 Saturday 2 -Way Volume 2.66 0.00 1.00 93 Saturday Peak Hour Enter, 0.25 0.00 1.00 9 Saturday Peak Hour Exit 0.21 0.00 1.00 7 Saturday Peak Hour Total 0.46 0.00 1.00 16 Sunday 2 -Way Volume 0.83 0.00 1.00 29 Sunday Peak Hour Enter 0.11 0.00 1.00 4 Sunday Peak Hour Exit 0.08 0.00 1.00 3 Sunday Peak Hour Total 0.20 0.00 1.00 7 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: 7 -9 AM Peak Hr. Total: 4 -6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: LN (T) _ . 768LN (X) + 3.654, R ^2 = 0.8 LN (T) _ .797LN (X) + 1.558 R ^2 = 0.83 , 0.88 Enter, 0.12 Exit T = 1.121(X) + 79.295 R ^2 = 0.82 , 0.17 Enter, 0.83 Exit LN (T) _ .797LN (X) + 1.558 R ^2 = 0.83 , 0.88 Enter, 0.12 Exit T = 1.121(X) + 79.295 R ^2 = 0.82 , 0.17 Enter, 0.83 Exit T = 2.136(X) + 18.473, R ^2 = 0.66 LN (T) _ . 814LN (X) + -.115 LN (T) _ . 863LN (X) + .306, R ^2 = 0.5 LN (T) _ . 605LN (X) + -.228 R ^2 = 0.56 , 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Summary of Trip Generation Calculation For 8 T.G.L.A. of Specialty Retail Center April 26, 2000 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 40.67 13.70 1.00 325 7 -9 AM Peak Hour Enter 0.00 0.00 1.00 0 7 -9 AM Peak Hour Exit 0.00 0.00 1.00 0 7 -9 AM Peak Hour Total 0.00 0.00 1.00 0 4 -6 PM Peak Hour Enter 1.11 0.00 1.00 9 4 -6 PM Peak Hour Exit 1.48 0.00 1.00 12 4 -6 PM Peak Hour Total 2.59 1.74 1.00 21 AM Pk Hr, Generator, Enter 3.08 0.00 1.00 25 AM Pk Hr, Generator, Exit 3.33 0.00 1.00 27 AM Pk Hr, Generator, Total 6.41 0.00 1.00 51 PM Pk Hr, Generator, Enter 2.81 0.00 1.00 22 PM Pk Hr, Generator, Exit 2.12 0.00 1.00 17 PM Pk Hr, Generator, Total 4.93 0.00 1.00 39 Saturday 2 -Way Volume 42.04 13.97 1.00 336 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Sunday 2 -Way Volume 20.43 10.27 1.00 163 Sunday Peak Hour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1.00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS SPG Phase One, ltd. 7150 S.W. 62nd Avenue South Miami, FL 33143 (305) 667 -7873 April 28, 2000 Subrata Basu Assistant City Manger City of South Miami 6130 Sunset Drive, 2nd Floor South Miami, FL 33143 Re: South Miami Parking Garage & Office Building Dear Subrata: Enclosed herewith is the DERM Sewer System Treatment and Transmission Capacity Certification, dated April 20, that needs to be processed with our Application and included in our file. The WASA Service Availability letter has been processed and is awaiting signature. Sincerely, SPG Phase One, ltd. Albe4S.1ri s President ASE:sys Enclosures Page. 1 of 2 MIAMI -DADE COUNTY, FLORIDA 2000042011355092 MIAMI tGG ti Y �FU... I;w:1 kG Issued Date: 20- APR -2000 ENVIRONMENTAL RESOURCES MANAGEMENT Expiration Date: 19-JUL-2000 WATER AND SEWER DIVISION 33 S.W. 2nd AVENUE SUITE 500 MR ALBERT ELIAS MIAMI, FLORIDA 33130 -1540 SPG PHASE ONE, LTD (305) 372 -6500 7150 SW 62 AVE SOUTH MIAMI, FL 33143 Fax- Tel- 305 - 667 -7873 RE: Sewer System Treatment and Transmission Capacity Certification Dear MR ELIAS: The Dade County Department of Environmental Resources Management (DERM) has received your application for approval of a sewer service connection to serve the following project which is more specifically described in the attached project summary. Project Name: SOUTH MIA PARKING GARG. /OFFICE Project Location: N/A SOUTH MIAMI Proposed Use: 31500 SF RETAIL, 35000 SF OFFICE Previous Flow: 0 GPD Calculated Sewage Flow: 5075 GPD Sewer Utility: MIAMI DADE WATER & SEWER DEPARTMENT Receiving Pump Station: 30 -0177 DERM has evaluated your request in accordance with the terms and conditions set forth in Paragraph 16 C of the First Partial Consent Decree (CASE NO. 93 -1109 CIV- MORENO) between the United States of America and Metropolitan Dade County. DERM hereby certifies that adequate treatment and transmission capacity, as herein defined, is available for the above described project. Furthermore, be advised that this approval does not constitute Departmental approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Please be aware that this certification is subject to the terms and conditions set forth in the Sewer Service Connection Affidavit filed by the applicant, a copy of which is hereby attached. By copy of this certification we are advising the appropiate building official of our Department's determination. Page. 2 of 2 2000042011355092 Issued Date: 20- APR -2000 Expiration Date: 19 -JUL -2000 Sincerely, John W. Renfrow, P.E. Director Department of Environmental Resources Management 1 By: G Vice e E. r o a, P. E. Chief, Wa er & Sewer Division Attachements (2) cc: Building Official (w /Attachments) Utility Official -(w /Project Summary Attachment) Date: 04 -20 -2000 F Applicant's Name: MR ALBERT ELIAS Applicant's Address: 7150 SW 62 AVE DERM Number: 2000 - 0420 - 1135 -5092 Project: SOUTH MIA PARKING GARG. /OFFICE N/A Proposed -Use: 31500 SF RETAIL, 35000 SF OFFICE Pump Station: 30 -0177 Allocated flows: Projected NAPOT: 7.67 (HR) # Folio Lot Block Flow (GPD) - -- ---------- - - - - -- - -- - - - -- -------- - - - - -- --- ---------- - - - - -- - -- - - - -- -------- - - - - -- 1 09- 4036 - 022 =0251 35 0 2 09- 4036- 022 -0260 36 0 5075 (GPD) Page: / ) / I 1 • 1 1 / 1 ♦ ♦ i ' 1 / ♦ f ) 7 ) 1 • • • f 7 7 • I • 1 ) � 1 f " • SPG PHASE ONE LTD:' • ' • • � •' • " 7150 S.W. 62 "d Averlu South Miami, FL 33143 I ' (305) 661 -4506: . ♦ June 1, 2000 Mr. Subrata Basu Director of Planning & Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Application for Special Exception filed by SPG Phase One ( "SPG "), Ltd. for Multi -Use Retail, Office and Parking Garage Development ( "Development ") under Resolution No. 198-97-10168/Notice of Award dated September 19, 1997 ( "Application "). Dear Mr. Basu: Enclosed for your file, is a copy of the Water and Sewer Availability letter as issued by WASA dated May 16, 2000. SPG Phase One, Ltd. Albert S. Elias President AS E.sys Enclosure MIAMI -DADE WATER AND SEWER DEPARTMENT P.O. Box 330316, Miami, Florida 33233.0316. 3575 rAeicunelR.f , Tel: 30S:655 -: !71' ' ; ' ' . "' • SERVE f CONSERVE 1 • May 16, 2000 SPG Phase One, Ltd. ' 1 1 c/o Mr. Albert S. Elias, President , 7150 S.W. 62 Avenue South Miami, Florida 33143 Re: Water and Sewer Availability for a proposed project to be located at 5829 S.W. 73 Street, Miami -Dade County, Florida. Ladies and Gentlemen: This letter is in response to your inquiry regarding water and sewer availability to the above - referenced project for the proposed construction mixed use parking, office and retail space. The County owns and operates a twenty (20) inch water main located in S.W. 72 Street and S.W. 58 Court, from which the property owner shall install and connect a twelve (12) inch water main southerly along S.W. 58 Court to S.W. 73 Street, thence install and connect a twelve (12) inch water main easterly in S.W. 73 Street to S.W. 58 Avenue, thence install and connect a twelve (12) inch water main northerly in S.W. 58 Avenue to the northeast corner of the referenced property. Any proposed water main extensions within the referenced property shall be twelve (12) inches minimum in diameter, with two (2) point of connections. The County also owns and operates an eight (8) inch gravity sewer main located in S.W. 58 Avenue, abutting the eastern boundary of the referenced property, from which the property owner shall connect said property, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. Other points of connection may be established subject to approval of the Department. Construction connection charges and connection charges shall be determined once the property owner enters into an agreement for water and sewer service with the Department. Information concerning the estimated cost of facilities must be obtained from a consulting engineer. All costs of engineering and construction will be the responsibility of the property owner. In addition, the Department's standard water and sewer connection charges will be required. Easements must be provided covering any on -site facilities, which will be owned and operated by the Department. - � i 7 • i= 3 9 i t 1 • 1 • • f f i t ♦ ► f •� 1 • • At the present time, the Department's service area i�- rio�. under :rrlofa.toriulxr,;libvIever, the right to connect the referenced property to the Departn�ie ;` s se:versystem•rssnbject to the terms, covenants and conditions set forth in the Florida Department of Environmental Protection ("DEP ") and the County ,dated, July 2711' J993,•t11P First Amendment to Settlement Agreement between DLPI aiid the County dated ]5eceiinber 21St, 1995, the First Partial Consent Decree a0,16. an,J,'Fin * ,phrkial Consent Decree entered in the United States of Amercia Environmental Protection Agrency vs. Metropolitan Dade County (Cast Number 93 -1109 CIV- MORE NO), as currently in effect or as modified in the future, and all other current, subsequent or future agreements, court orders, judgments, consent orders, consent decrees and the like entered into between the County and the United States, State of Florida or future enforcement and regulatory actions and proceedings. The availability of water and sewer service for the subject property is conditional upon the approval of various regulatory agencies and no continuing unconditional commitment can be made at this time. Consequently, this letter is for informational purposes only and is not intended as a commitment for service. All conditions noted herein are effective only for thirty (30) days from the date of this letter. When development plans for the subject property are finalized, and upon the owner's request, we will be pleased to prepare an agreement for water and sewer service, provided the Department is able to offer those services at the time of the owner's request. The agreement will detail requirements for off -site and on -site facilities, if any, point of connections, connection charges, capacity reservation and all other terms and conditions necessary for service in accordance with the Department's rules and regulations. If we can be of further assistance in this matter, please contact us. Very truly yours, r Clementine Sherman New Business Administrative Officer II Utilities Development Division CS /es SPG Phase One, ltd. 7150 S.W. 62nd Avenue South Miami, FL 33143 (305) 667 -7873 April28, 2000 Subrata Basu Assistant City Manger City of South Miami 6130 Sunset Drive, 2nd Floor South Miami, FL 33143 Re: South Miami Parking Garage & Office Building Dear Subrata: Enclosed herewith are the following items that need to be processed with our Application and included in our file: 1. Copy of the BellSouth Service Availability letter dated April 27, 2000. 2. Copy of the Florida Power & Light Service Availability Letter dated April 11, 2000. Sincerely, SPG Phase One, Ltd. Albert S. ias President ASE:sys Enclosures BellSouth Telecommunications, Inc. 9500 SW 180 Street Perrine, Florida 33157 Ben Schoneck Project Manager April 27,2000 File: BST410562 SPG PHASE ONE ,LTD Al Elias ,President 7150 S.W. 62nd Avenue South Miami, Fl 33143 Dear Mr Elias: ® BELLSOUTH TEL. (305) 256 -3795 FAX (305) 971 -9083 Ref: SPG PHASE ONE ,LTL. Mixed use Development/ Parking Garage to be constructed on the existing Municipal Parking Lot located at S.W. 73RD Street, S.W. 58TH Avenue and S.W. 58th Court, in the City of South Miami. This is in response to your request as to the availability of telephone service for the above reference project. BellSouth Telecommunications will make telephone service available coincident with the needs of your tenants. The installation of our equipment will depend upon the completeness and suitability of the entrance conduit, equipment space, riser conduit, sleeves and other distribution facilities to be provided by the building owner. Office/ Commercial space buildings usually require that telephone service be brought to the building at a common point, near the electric meters. The BellSouth Building Industry Consultants service will work with you and your design team to plan for the efficient distribution of service to all occupants. The Building Industry Consultant for the reference project is Harry Chadderton (305 260- 8242). He will provide all the information about service distribution on your property. You, or your Architect, should contact him now to avoid service delays. Sincerely yours, Ben Schoneck Project Manager cc: Harry Chadderton, BIC Fariborz Fakhralshoara, OSP Engineer 0 FPL April 11, 2000 Albert S. Elias 7150 SW 62nd Ave South Miami, FL 33143: . Re: Property located in the vicinity of SW 73rd St.& SW 58th Ave Dear Mr. Elias: Florida Power & Light Company This is to confirm that, at the present time, FPL has sufficient capacity to provide electric service to the above captioned property. This service will be furnished in accordance with applicable rates, rules and regulations. Please provide the proposed easement documentation so the necessary engineering can begin. Early contact.with FPL is essential so that resources may be. scheduled to facilitate availability of service when required. Sincerely, a Services South Dade Operations an FPL Group Company i2�aiaiiblixth- Ji STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADE ) Albert Elias (the "Affiant "), being duly sworn, depose and say: 1. Affiant is the President of The Initial Phase, Inc., a Florida corporation which is the general partner of SPG Phase One, Ltd. a Florida limited partnership ( "SPG"). 2. SPG intends to file an Application for Special Exceptions for a Multi -Use Retail, Office and Parking Facility under Resolution No. 198 -97 -10168 /Notice of Award dated September 19, 1997 by the City of South Miami Commission ( "Application "). 3. Affiant gave notice of the proposed Application by registered mail to at least 50% of the property owners within a 500 foot radius of the property which is the subject of the Application. 4. Affiant further states that he is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read, or has had read to him, the full facts of this Affidavit, and understand its contents. This Affidavit is given by Affiant to induce the City of South Miami to accept the Application on SPG's behalf. . B Y' Albert ElAas SWORN AND SUBSCRIBED TO befor me this 28`h day of,April, 2000 by Albert Elias who is personals me. My commission expires: 'State of �`lorida «; ������« <` «� «���������«���«� «��� «��««ti� • 1 n�PPV �Ud Gladys M. Estrada (Seal) tr Notary Public, S;a:c of Florida ; Co.•n.•nission No. P 561761 'OFFS') tily Cornmission Ex . 06'1712000 ; 1 -KW 3•NOTARY • Fla. Notary Smica & Bonding, Co. ; '�; uau«« « « «uatt�tuCattttClflKllCCll�(!f c t PUBLIC HEARING PROPERTY OWNER'S AWARENESS NOTICE As the owner of property located within 500 feet of the below- described location, which will be the subject of a public hearing, you are hereby notified of the following: Location: The City of South Miami Municipal Parking Lot - Northwest corner of the intersection of SW 73`d Street and SW 58'h Avenue in the City of South Miami, Florida. Applicant: SPG Phase One, Ltd. 7150 SW 62 "d Avenue South Miami, FL 33143 Description of Applicant's Proposal: Applicant is proposing to construct a multi -use (office /retail) development /parking garage. Applicant is requesting special exceptions to waive strict compliance with the provisions of the Hometown District Overlay Ordinance, including, but not limited to, special exceptions related to rooftop parking, depth of building, landscaping, lot coverage, open yard space and such other special exceptions as may be requested by the City of South Miami. For further information, please contact: PLANNING AND ZONING DEPT. Fax #: (305) 666 -4591 CITY OF SOUTH MIAMI Telephone: (305) 663 -6326 6130 Sunset Drive South Miami, FL 33143 AFFIDAVIT STATE OF FLORIDA ) ) SS COUNTY OF MIAMI -DADE ) ' ) i • / J • • • • • • • • • • • , , • • • • .. ..40 . J . • Albert Elias (the "Affiant "), being duly swo2in, depose; and shy:: • ) ) ) • • 1 ) 7 ) , 91 1 • • ) ) ) • 1. Affiant is the President of The Initial Phase, Inc., • Florida corporation and the general partner of SPG Phase One, Ltd. • Florida limited partnership ( "SPG "). 2. SPG intends to file an Application for Special Exceptions for a Multi -Use Retail, Office and Parking Facility under Resolution No. 198 -97- 10168 /Notice of Award dated September 19, 1997 by the City of South Miami Commission ( "Application "). 3. To date, SPG has only been able to obtain approximately 10% of the signatures of the property owners within 500 feet. This is due to the fact that some of the owners contacted were unwilling to sign the Public Hearing Property Owner's Awareness Form. Therefore, Affiant gave notice of the proposed Application by registered mail to at least 50% of the property owners within a 500 foot radius of the property which is the subject of the Application. 4. Affiant further states that he is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature.. Affiant further certifies that he has read, or has had read to him, the full facts of this Affidavit, and understand its contents. This Affidavit is given by Affiant to induce the City of South Miami to accept the Application on SPG's behalf. Albert S. Iiiiis SWORN AND SUBSCRIBED TO before me this 17th day of May, 2000 by Albert S. Elias who is personally to m ry Ptiblicl - tate of F orida o11,11r Pte, Giu;{ys M. Esaai (Seal) My commission a ires • , ?�_ ,� NotacylVbl,c,s: CC561761 <5 o Commission No. Cl� ,61701 ; My Commission Exp. 06/17/2000 ; 1 •d.1G.1- 00T:ucY . F:` N.,ary Saric• R Byndir4 Ca - ; — 1 — � CITY OF SOUTH MIAMI QINTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager axi RE UEST Date: February 15, 2000 Agenda Item # !s Re: First Reading: Lease Agreement with SPG Phase One, Ltd., for a Mixed Use /Joint Development Parking Garage AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE, LTD., FOR CONSTRUCTION AND OPERATION OF A MULTI -USE PARKING GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND EFFECTIVE DATE. BACKGROUND & ANALYSIS Project History - The City of South Miami issued the Request for Proposals in June 1997 for the municipal parking lot located at SW 73`d Street and SW 58'h Avenue. In September 1997, the City Commission awarded the proposed project for the design, construction, leasing and management of the mixed -use development and parking garage to SPG Phase One (R 198 -97- 10168, Attachment 1). The initial project was'for a mixed -use parking garage that included the following: • Area — Only the City of South Miami Parking Lot, not including the Richman Property; • Parking Spaces ♦ Total Spaces — 257 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 58* (* Includes shared parking credit, does not include Metrorail credit) ♦ Net New Parking Available 100% - 126 ♦ Net New Parking Available Nights & Weekends —133 • Mixed Uses ♦ Retail - 15,000 SF ♦ Office - 8,000 SF ♦ Residential - 0 Units This project has experienced a series of changes, evolutions and delays. To date SPG, has advanced six evolutions of the project for consideration by the City. The first evolution occurred shortly after the initial RFP. SPG expanded the scope of the project to include the property at the corner of 73`d Street and 58`h Court. This property, owned by Mark Richman, is referred to as the Richman property. In March 1999, the City Commission approved a Resolution accepting a Proposed Framework for a Lease Agreement that included the Richman property (R 53 -99= 10677, Attachment 2). It is our understanding that the agreement between SPG and Richman was never finalized. On September 7, 1999, a Lease Agreement that no longer included the Richman property was presented to the Commission and approved on first reading ( Attachment 3). At the City's suggestion, SPG & Richman resumed discussions. On October 15` and 14`h, SPG presented an enhanced project that once again included the Richman property (Attachments 4 & 5). That project included the following: • Area — The City of South Miami Parking Lot and the Richman Property; • Parking Spaces ♦ Total Spaces — 493 ♦ City Replacement Parking — 73 ♦ Code Required Parking — 95* ♦ Net New Parking Available 100% - 325 ♦ Net New Parking Available Nights & Weekends — 350 • Mixed Uses ♦ Retail - 31,300 SF ♦ Office - 8,000 SF ♦ Residential - 0 Units On November 11, 1999, SPG advised the City that the project, as proposed, was not financially feasible and that, as soon as the financial implications of the market conditions were fully analyzed, that a modified project would be submitted (Attachment 6). In December 1999, SPG submitted their "final" project. That project, which is the subject of this lease agreement; includes the following: • Area — The City of South Miami Parking Lot and the Richman property; • Parking Spaces ♦ Total Spaces — 332 ♦ City Replacement Parking — 73 ♦ Code Required Parking —168* ♦ Net New Parking Available 100% - 91 ♦ Net New Parking Available Nights & Weekends — 203 • Mixed Uses ♦ Retail @ 29,530 SF ♦ Office @ 35,000 SF ♦ Residential @ 0 Units The geometry of the final project includes the following: • Ground Level — Retail • Second Level— 100% Parking • Third & Fourth Level — 50% Office; 50% Parking • Roof — 100% Parking The height of the building is approximately 54 feet. The allowable height in the Hometown District is 56 feet. The project, as expected in a garage facility, will include maximum lot coverage. The developer plans to construct the facility to enable the addition of two additional levels, should they be needed and allowed at some point in the future. Financial Considerations Luis Figueredo of the City Attorney's Office has prepared a memorandum detailing the framework of the Lease agreement (Attachment 7). The financials for the final project have changed as the concept for the project has evolved. The major financial parameters are: • Minimum Rent — The concept of minimum rent was designed to compensate the City for lost revenue from the existing 73 spaces in the City lot. In the final project, minimum rent has been replaced with the provision of "replacement" parking. The second floor of the final project will be metered parking. The City of South Miami will retain 73 metered spaces and derive all revenue from those spaces. The City will determine rates, hours of operation, etc., for those spaces. The City will also continue to enforce (e.g. ticket) on the entire 2 "d level and retain its normal revenue from this activity. This financial arrangement is beneficial to the City over the long term in that the minimum rent can now escalate over time as parking rates increase. The initial revenue from parking meters is estimated at approximately $100,000. The final agreement does not include any cash rental payment to the City during construction. In lieu of cash, SPG will provide, to the best of their ability, office space for City use during construction, and the provision of 200 SF of permanent office space on the ground floor of the project. • Percentage Rent — Percentage rent is designed to compensate the City as the owner of the land. The final project includes a two -tier percentage payment. The City will receive 2.5% of adjusted gross revenues up to $1,400,000; and 7.0% of the adjusted gross revenues above $1,400,000. The two -tier payment will be beneficial to the City over the long term as inflation and increased demand for space increase. The initial revenue is estimated at approximately $32,000. Ad Valorem Taxes & Other Revenues — The project has undergone a number of conceptual approaches to tax revenues, supplemental rent and other revenue. The final project, with an estimated value of $8,000,000, and the City's current ad valorem tax rate of 6.373 mills, will generate approximately $50,000 annually. The City will also receive an estimated $5,000 annually from Occupational License Fees and approximately $50,000 annually from parking meter enforcement. Source Amount Parking Meters $100,000 Percentage Rent 30,000 Ad Valorem Taxes 50,000 Occupational Licenses 5,000 Parking Enforcement 50,000 Sum $235,000 The current revenues from the surface lot are approximately $76,000 from parking revenues and $50,000 from parking fines. Hometown Plan and Parking Considerations The Hometown Plan envisions vibrant mixed uses downtown. The "final project" is superior to the original project in terms of a pure hometown plan development. It is a development as envisioned by the Hometown Plan in that it includes three uses: retail, office and parking. The synergy between these three uses is particularly important in that the office use provides patrons for the retail uses during the week and also provides surplus parking for retail uses on nights and weekends. The addition of the office component also adds to the value of the project and the ad valorem and occupational license revenue received by the City. The analysis of the final project in comparison to the original project in terms of parking is more complex. This site has always been contemplated to provide surplus parking for other downtown hometown projects (i.e. Net new parking available 100 %) as well as provide additional parking to support downtown merchants (i.e. Net New Parking Available Nights and Weekends). The "original" project of September 1997 included a total of 257 spaces. After deducting the City replacement parking (73 spaces) and code required parking (58), the Net New Parking Available 100% was 126 spaces and the Net New Spaces Available Nights and Weekends was 133 spaces. As the project evolved, the optimal project from a parking standpoint was the October 1999 project. This project included 493 total spaces, with a net gain of 284 spaces 100% of the time and 316 spaces available on nights and weekends.. This project is no longer under consideration because it was withdrawn by SPG in November 1999 after they concluded that, based on market conditions, it was not financially feasible. The "final project" includes a total of 332 spaces. The Net New Parking Available 100% is 91 spaces and the Net New Parking Available Nights and Weekends is 203 spaces. The project is, therefore, slightly less advantageous from a development perspective and more advantageous from a night and weekend retail parking perspective. Project Total Net 100% Net Nights and Weekends Original 257 126 133 Final 332 91 203 The implications of approval of this project from.-the hometown development perspective are: • Small Projects - At some point within the foreseeable future, probably within the next 5 years, surplus parking to support smaller developments will be exhausted. The City will then be required to: (a) not allow additional small developments; (b) provide relief from parking requirements; (c) acquire and/or build additional surface and/or structured parking; or (d) utilize whatever surplus parking, if ' any, may be available from new mid -size or larger developments. • Medium and Large Projects — Mid -size and large projects will be required to provide all required parking on site. This is physically possible but will require increased lot coverage allowances. The proposed Lease is attached (Attachment 8) Attachments: 1. September 12, 1997 City Commission Resolution (R 198 -97- 10168) authorizing negotiations With SPG 2. March 2, 1999 City Commission Resolution (R 53 -99- 10677) accepting the proposed Framework for the Lease Agreement with SPG 3. September 7, 1999 First Reading of the Ordinance for the Lease Agreement with SPG 4. October 1, 1999 Letter from SPG Counsel with the inclusion of the Richman property 5. October 14, 1999 Letter from SPG Counsel elaborating on the inclusion of the Richman property 6. November 11, 1999 Letter from SPG Counsel regarding the financial feasibility of the project 7. February 11, 2000 memorandum from Luis Figueredo re: Proposed framework for a new Lease Agreement 8. Proposed Lease Agreement City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 May 8, 2000 Mr. Albert S. Elias, President SPG Phase One, Ltd., 7150 S. W. 62 "d Avenue, Miami, Florida 33143 Re: Request for Special Exception Dear Mr. Elias: A preliminary review of the application for Special Exception for Multi -Use Retail, Office and Parking Garage Development, located on S. W. 73`d Street between 581h Avenue and 58`h Court , dated April 28, 2000 indicates that the following information are needed to adequately review and evaluate the request: • Justification for request for the Special Exceptions: The "Letter of Intent" needs to . adequately outline why the requested special exceptions are justified for the proposed development and should be granted. The Land Development Code requires that such requests meet certain criteria, which are outlined in Section 20 -7.51. • Floor plans: Please show dimensions for the structural system, parking stalls. drive lanes, turning radii and elaborate on other operational aspects such as revenue controls and security. • Elevations: The floor plans and elevations need better co- ordination. Rear elevation needs additional embellishments to make it an integral part of the other elevations. • Site plan: Indicate traffic circulation on the alley. Show the full width of the alley.with all applicable dimensions. Parking backing out into the alley requires 23 feet of maneuvering space. The site plan should also show and identify street trees and all other landscaping elements proposed to mitigate the lack of open yard space. • Traffic concurrency study: Please define peak hour, address A.M. peak traffic and account for trips generated by the parking garage (non office and retail parking). • Traffic circulation: Due to the nature of the project and the number of vehicle trips generated by the development, the project is expected to have an impact on the traffic circulation around the project site. A traffic study to determine the level of impact is warranted. A study is required to identify the impacts of the additional traffic on the level of service on adjacent streets and on the capacity and the operation of the nearby intersections. It should identify impacts on the residential areas, if any. And finally, the study should address mitigation necessary to offset those impacts. • Water allocation letter: A water allocation letter is required. • 20% property owner signature: Please provide reasons, for the record, why 20% signatures of the property owners within 500 feet were not obtained. The ordinance allows for an affidavit to be submitted as an alternative in the event that the applicant is unsuccessful in obtaining the required signatures. Again, please be advised that the above listed information is needed for filrther evaluation and review of your request for the special exceptions. As a matter of information, I would like to remind you that all of these items, including the need for a traffic study, independent of the traffic concurrency study, were identified in our pre - application meeting on March 1, 2000. Please do not hesitate to call me if I can be of any assistance and be assured that the City will act as expeditiously as possible after all the necessary information is received. Thank you. Sincerely, Subr to Basu Assistant City Manager/ Planning Director Gctiv\h Gr`j f /F:yz v CITY OF SOUTH MIAMI Planning Board Regular Meeting Action Summary Minutes Tuesday, May 30, 2000 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: Mr. Morton, Chair, called the meeting to order at 7:50 p.m. and the Pledge of Allegiance was recited. II. Roll Call Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Ms. Gibson, Mr. Illas, Mr. Liddy, Mr. Comendeiro, Ms. Chimelis (excused herself and departed early) Board member absent Mr. Mann City staff present Earl Gallop (City Attorney); Charles Scurr (City Manager, arrived 8:45 p.m.); Subrata Basu (ACM/Planning Director); Sandy Youkilis (Temporary Planning Staff); Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary) Action: Mr. Morton held opening remarks. Mr. Morton welcomed two new members, Mr. William Liddy and Mr. Juan Comendeiro, to the Planning Board. PB Minutes 5 -30 -00 1 III. Public Hearings (Planning Board) A. ITEM: PB -00 -011 Applicant: Habitat for Humanity of Greater Miami Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWENTY -FOUR FEET THREE INCHES (24'-3 ") REAR SETBACK, WHERE A TWENTY - FIVE FEET (25') REAR SETBACK IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6039 SW 63 TERRACE SOUTH MIAMI, FLORIDA 33143. Action: Mr. Illas read the request into the record and staff introduced the item. Public speakers: Mr. Gary Milford, of Habitat for Humanity of Greater Miami; Mr. David Tucker, Sr. The Board, Mr. Milford (as the representative), and staff discussed the request, including a concern that only one bathroom is proposed for the three - bedroom residence. Motion: Mr. Illas moved approved of the item. Ms. Chimelis seconded the motion. Vote: Approved 6 Opposed 0 B. ITEM: PB -00 -012 Applicant: Albert S. Elias Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.5, 20 -7.9, 20 -7.11 AND 20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A FOUR - STORY MIXED USE DEVELOPMENT, LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF S. W. 73RD STREET, WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITION AND THE BUILDING DESIGN STANDARDS OF THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LANDSCAPING; AND TO ALLOW FOR ROOFTOP PARKING. PB Minutes 5 -30 -00 2 Action: Ms. Gibson read the request into the record and staff introduced the item. The Board and staff discussed the item. A member of the public, Mr. David Pollack, approached the dais. Mr. Pollack, speaking in reference to the Board's meeting of January 13, 1998, during which Mr. Morton related that he knew Mr. Gwynn "Babe" Elias and Mr. Albert Elias, of SPG Phase One, Ltd., opined that clarification of the acquaintanceship should be so noted for the record before the meeting proceeded. Mr. Morton responded that he only knows the Elias brothers and that he has no business affiliation with them. Mr. Gallop, City Attorney, upon conversing with Mr. Morton, related that a conflict of interest did not exist. Mr. Gallop added that Ms. Chimelis, due to a possible conflict of interest, had excused herself from consideration of the item, then departed the meeting. Mr. Richard Razook, counsel for SPG Phase Once, Ltd., spoke as a representative regarding items of concern including the alleyway, the easement, and future connections with various utilities. Mr. Razook so noted, for example, that resolution of legal issues involving the alleyway is the responsibility of the City. Mr. Richard Shuster, architect, made a presentation of the project and provided materials to both the Board and staff, including a revision sheet for the ground floor showing proposed awnings and additional street trees. Members of the public speaking in opposition to the project: Mr. David Silver, of Cavanaugh's Mr. Ed Boaz, of Lane's Ms. Myra Porter, of Myra & Company Mr. George David Mr. Cliff Schollman Mr. Joe Martinez, business owner Mr. Robert Perry, business owner Ms. Vivian Reyes Ms. Cathy McCann Ms. Yvonne Beckman Ms. Suzanne Berea Mr. David Pollack PB Minutes 5 -30 -00 3 Ms. Amanda Dickinson, of Hanging Basket Ms. Karen Dorfman, of Lightorama Ms. Beverly Kagan Additional notation in favor of disapproval: Mr. Illas read into the record a letter authored by Ms. Frances Meltzer, of the South Miami Homeowners Association, requesting disapproval of the project Other public speakers: Mr. Curtis Sibley, of First National Bank of South Miami Mr. David Tucker, Sr. The Board and staff, including Mr. Gallop, further discussed the item. Mr. Gallop's comments included, but were not limited to, advising the Board to review the item in regard to satisfying the seven criteria involving construction in the Hometown District. Concerns related by the Board and summarized by the Board as expressed by the public included, but were not limited to, the following: a lack of landscaping; unresolved issues involving both the easement and alleyway; whether or not the Miami -Dade Fire Department will be granting approval; a net gain of only + - 22 parking spaces; and staff being unable to make a recommendation regarding the project. The Board concluded that there was doubt the project met all seven criteria (such as item (d) involving the alley) for development in the Hometown District. Motion: Mr. Comendeiro moved denial of the request. Mr. Illas seconded the motion. Vote: Approved 4 Opposed 1 (Ms. Gibson) IV. Discussion Items No discussion items were scheduled at meeting time. V. Approval of Minutes Action: The Board duly voted on and approved the minutes of April 25, 2000, as submitted. Vote: Approved 5 Opposed 0 VI. Remarks / Discussion Action: Staff noted that the next regular meeting of Planning Board is currently scheduled for July 11, 2000. PB Minutes 5 -30 -00 4 VII. Adjournment Action: Mr. Morton adjourned the meeting at approximately 10:10 p.m. PB Minutes 5 -30 -00 5 MIAMI DAILY BUSINESS REVIEW Published Daily oxcept Saturday. Sunday and Legal Helidaya Miami, Mlaml -Does County, Honda. IRATE OF FLgp10A COUNTY OF NAM$ -DADE: 1*10ft lift undersigned authorlty personally appeared 0011011»1 V. Ferbeyre; who on oath says that she Is the Suwvlaor, Legal Notices of the Mlaml Daily Business Review tfklo Miaml Review, a dally (axapt Saturday, iunday and Legal HoIldsys) newspaper, published st Mlsml in Ulan+► Deft County, Fiorldal that the sirs -hod copy of osv )nil men; be" a Legal Adverdnmu+t of No** in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING- MAY 30, 2000 ITEM: PB -00 -011, ETC. In the ............ XXXXX .................... Court, wjIgglil In aslpn} paper In trio !reuse of Anlent funkier says that the Mid M*W Daily Suairww Aeview Is a newall published at Mleml in sald Wool - Dade County, Florida, end that the sold newspaper has Mrstofors them continuously pualishod in sold MM0430 e County. Florae, sa011 day (txapt Saturday, Sunday end legal )WtOeyeJ end Itee Oetm entered a second oleos maU matter at the post omee In Mleml In said Mtaml -Dade County, Ftorlre, far a perW of one year nest pree.dtr low Il l pu0lketi0n of the nnftd copy of sdvsrtiss: Ill and atflant fut0ar am pat oft has meld paid nor promised any ths reon. firm corpRe y sol 19tral Col mission or �or pea. of Arno fhb 314, da 1flent ftrpu id per. 19 6wttfd lq and subscribed before ma 10 0 0 ..... say of ................................ A.D........ (SEAL) p'" " ootelme V. � k�' MAR ER * C0 M1i.71ON NUM8EA CCO31136 AF �O�O MY COMMISSION EVIREA APR, 24,'V" eome 44 NOT= a>F MI" Momma( C" of scum Vii" t1= srs,Mt Weal twth MIaM. Rill =143 is he" P" 604M Ran ft poll ow"" On Tuesday, May 30, 2000 at 7.30 P.M., go city a South MIAMI Plan- ning Board will conduct Pubtic Hudmill In the C Miaicn Chantban at the abm address an Ma following: (A) ITEM: pt3-00-011 Applicant Habitat for Humanity of Greater Mlsrnl ReRuast: A RESOLUTION OF THE MAYOR l CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA. RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.6 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWENTY-FOUR FEET THREE INCHES (Zti'-3'} REAR SETBACK, WHERE A.TWeM -FIVE FEET VMJ REAR. SETBACK IS REQUIRED. ON PROPERTY LOCATED IN THE RS-4 'SINGLE- FAMILY RESIDENTIAL' ZONING DISTRICT. SPECIFICALLY LOCATED AT 6031 SW 93 TERRACE SOUTH MIAMI, FLORIDA 37143. (B) ITVA: Pi000It .. APOWMt AUtlert S. Ell" ' COMMIS- SION OF THE CITY OF SOUTH MIAMI. R9LATIW TO A REQUEST FOR SPECIAL. EXCEPTIONS FROM SEC- TIONS *7420-7-9.20-7-111 AND W.13 OF THE LAND DEVELOPMUC CODE FOR A FOUR -STORY MIXED USE DEVELOPMEM. LOCATED ON THE ?XMTH SIDE OF WW BLACK OF $.w. 73RD STREET. WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING' NONUSE DEVIATIONS FROM THE DEFINITION AND THE BUILDING DESIGN STANDARDS OF THE HOME, TOWN DISTRICT IN ORDER TO REDUCE THE ALLAWA• BLE WIDTH OF ALLEYWAY, INCREASE LOT COVER- AGE AND BUILDING DEPTH ON SIDE MEETS, RE- DUCE THE REQUIRED OPEN YARD SPACE AND RE- QUIRED LANOSCAPING; AND TO ALLOW FOR ROOF. TOP PARKING. All IMwested partly we urged to attand. Ot locitons or axproaaWIS Of appWO may be made In person at"hearing or IW in w1%rq pdorto or at the hartng. Thi Planning Bonn! 1`091irm tile ftM 10 recoftunand to the City Comminion whatever Me board Considers In Iha bw Interest for Me area imrotved. Interaetsd portles mquill IltlonrrWon we asked to contact the plartning and Zoning Deparlrttent by calling 663.6326 or wdl- Ing to Me adds$ lttdfatted above. You am hereby a&kW that K any poem dalm to appal arty dace- . 8bn rnsda WIM Tesped t0 any matter Con"red at We f agft or Il Ing, such person wRi need a record of tM ptoceadings, and for Such pur- port may need to ensure that a Vail record of the proaedngs is ,nadir, whkh record indudes the tasdmony end 01410M upon which the �gtaatoy Inquiry. based (F.S. 256.0105). Rider to Retiring number "on 15ho M34Mf54312M i� :ionat honor mer camp who pay $6 each for two months of group instruc- tion. But the program offers more to the kids — and their teenage instructors — than music lessons, said former band captain Iliana Morejon. Despite a heavy load at the University of Miami, the 1998 graduate still makes time to volunteer at her alma mater. "You give up your life prac- ticing and -performing." said Morejon, who plays the piano and clarinet. "The awards are nice, but just being with these kids, even helping them with their homework or just talking to them, that's a really big accomplishment." Your new ride is waiting for you in RUXCIASSIFIED rwttt•Dade: 505.350.2222 • 11rattvtd: 524.2535 • v,Kw,h�KCa" MR X11. COURTESY SUMMARY NOTICE CITY OF SOUTH MIAAII Planning and Zoning Department © 6130 Sunset Drive, South Miami. Florida 33143 Phone: (305) 663 -6326; Fax #: (305) 666 -4591 On Tuesday, May 30, 2000, at 7:30 P.M. the City of South Miami Planning Board will conduct Public Hearings in the Commission Chambers at the above address on the following items: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI.' FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM'SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWENTY-FOUR FEET THREE INCHES (24' -3') REAR SETBACK. WHERE A TWENTY -FIVE FEET (25') REAR SETBACK IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE - FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6039 SW 63 TERRACE SOUTH MIAMI, FLORIDA 33143. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTIONS 20 -7.5. 20 -7.9. 20 -7.11 AND 20.7.13 OF THE LAND -DEVELOPMENT CODE FOR A FOUR -STORY MIXED USE DEVELOPMENT. LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF S.W. 73rd STREET, -WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITION AND THE BUILDING DESIGN STANDARDS OF THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LANDSCAPING; AND TO ALLOW FOR ROOFTOP PARKING. For more information regarding these applications or any matter, please call (305) 663.6326 All interested parties arc urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter consid. ercd at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need.to ensure.t)tgt a verbatim record of the proceedings is made, which record includes the testimony and evi. dence upon which the appeal is to be based (F.S. 286.0195). Refer to hearing-number when making any inquiry. 3 :.L a a f � N e c , e c A 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miarni -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING— 7/18/00 RESOLUTION RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTION 20 -7.5, ETC. in the ............ XXXXX ................................ Court, waStpulblished in G V r e spaper in the issues of ��1J // r GO 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 Miaml -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and attiant further says that she either paid nor promised any person, it or c tion any discount, rebate, com- mission or tundd pur fdse ol securing this advertise 7 Sw r8 tp Jnd,4ubscri ed I ...fday Of.. .... ...... .... ... ...... ... — . me tt2_0 0 0 (SEAL) - - - - - -- r MARIA 1. MESA Octelma V. Ferbeyre personal ' We to tn6ly C01,1.1h!' iON CC @85650 EXPI ES: March 4 205: Bonded Thru Nctary {'JtII. UndG*nter: s T7CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, July 18, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A RE- QUEST FOR SPECIAL EXCEPTIONS FROM SECTION 20 -7.5, 20 -7.9, 20 -7.11 AND 20.7.13 OF THE LAND DEVELOPMENT CODE FOR A FOUR -STORY MIXED USE DEVELOPMENT, LO- CATED ON THE NORTH SIDE OF 5800 BLOCK OF S.W. 73RD STREET, WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFI- NITIONS AND THE BUILDING DESIGN STANDARDS OF THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOW- ABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS; REDUCE THE REQUIRED OPEN YARD SPACE AND REQUIRED LAND- SCAPING; AND TO ALLOW FOR ROOFTOP PARKING. Inquiries concerning this item should be directed to the Planning De- partment at: 663.6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that it a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings i§ made which record includes the testimony and evi- dence upon which the appeal is to be based. 717 .. 00- 3.77169847M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9/5/00 RES. RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTION 20 -7.5 ETC. in the .. ........... XXXXXXX . ....... Court, ........... waS pu�blisl2d in satddrl paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she ha either paid nor promised any person, firm or corpo on an discount, rebate, com- mission or ref d for t rpose o securing this advertise- ment for pu cat n said ne spaper. 2 5 S rutog u bscre'A. e me th2000 ..... da 1, .. . .... ..... ..._ ;/E*AL) .. r�� v 1 I T. �� . ... _. ,... C. 11,1` i <Y 31iAL Octelma V. Ferbe a personel�yticwn1Yfe� :1ti NO'fAIZY FUtiL10 STATE OF FLORIDA CO ?+f:411i5:ilON :dG. CC 912958 VY C0 ?A\,!155;ON EXP. i1JNF 23,200; s Q CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, September 5, 2000 beginning at 7:30 p.m., in the City Commission Chambers. 6130 Sunset Drive, to consid- er: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS FROM SECTION 20- 7.5, 20 -7.9, 20 -7.11 AND 20 -7.13 OF THE LAND DEVELOP- MENT CODE FOR A FOUR -STORY MIXED USE DEVELOP- MENT, LOCATED ON THE NORTH SIDE OF 5800 BLOCK OF S.W. 73RD STREET, WITHIN THE HOMETOWN DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM THE DEFINITIONS AND THE BUILDING DESIGN STAN- DARDS OF THE HOMETOWN DISTRICT IN ORDER TO RE- DUCE THE ALLOWABLE WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING DEPTH ON SIDE STREETS, REDUCE THE REQUIRED OPEN YARD SPACE AND RE- QUIRED LANDSCAPING;. AND TO ALLOW FOR ROOFTOP PARKING. Inquiries concerning this item should be directed to the Planning De- partment at: 663 -6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 8125 00- 3.77184513M r W('aO 1- 16UOjU J:J:J a:,U a iba y ;C; trig b I) Cie Luft Consulting, Inc. 3o yeas Experii-nce ear record as v in and- - Jack I trttbas established a thirty Y the preeminent urban pt uvCr, three decades, Mr. L..,, — sc" n widely ary g dynamic and complex growth of urban Miaplan i author, redevelopment authority director and planning director challenging roies of urban designer, master for the City of Miami. Strategic Master Plalialag He has been rcWonsible for authoring and implemenr numerous strategic Plans for critical districts and emerging sectors of Miami's diverse neighborhood$ and real estate markets including the Downtown Master rist Plan, the redevelopment of the 65 acre downand Little ntii the p i y owned 86 acre Watson islahld and desdnations of Coconut Grove, Diener Key, lanzring for the region's Metrorail high -speed rail transit system. 1000 acre Virginia Key and the station area p Comprehensive Master Play for the City of Sonny Isles Beach Lull Consulting has recently completed e Go the and a stratgic redevelopment plan for the Goulds historic Stareporch disuiLt Community RrdeveloQmtat For five years, Ms. Luft directed the Community Redevelopment Ageu^y's redevelopmeu.t grogram for SE Overtown /Park West and the Omni areas imple neutiug coiutruction of the ;2m. Park West Mall and assisting in the formation of three affordable housing projects totaling 250 units. lvtr. Lug completed n 1999 the redevelopment concept plan for the Town Center of Coral Springs. Land Use Resin tions Over the course of several high - growth pez'iods n the volatile and fast paced real estate market in Miami, bir. Loft wrote and implemented detailed coning dj�ictregulations to shape over $2 billion dollars in private Luft wrote development a d the Performing Arts /Omni District, the Central Business District, the Brickell lnter-uadonal Finance District, the Coconut Grove entertaihunent District, and the rail =sit impact zones for ten station arras. Errvironeicatai and I;listoric PlaanitrE Mr. Luft wrote the rust historic presuvatioa ordinance, the first enviraiturental Preservation ordinance and rile fast scenic corridor /urban design review ordinances adopted to the City of Miami. He has been recognized by the Florda chapter of the American lnsdtute Of Planners with three awards of excel cnce and merit fur plans be has authored. {:umntuairy Service lu addition to his role with muri0pal government, Mr. oriR salved for ten years as ovrx l& 3 Bic Bicycle the lvisor i Beach Dcsign Review Board, was appointed by Governor Graham to the Florida Governor's Bicycle Advisory Bicycle Council, co•authozed the Florida Bicycle System Master Plan for the State Depaztoent ot" fransponatlou, served as jurist for duce years in A.1.P.'s Florida awards program, and served as featured � m, the National Trust for conference Prtostienc Preservation National t Instit'ste Conservancy planning institute. Lhdepcndent Practice Having retired from active public service p early 1998 and now engags�ed l�vlduprnivDadeO untycE,z sc Nyest fir. Luft is presently serving as advisor w the planning team for the proposed design Metiorail extension and the five station area plauniog programs a part thereof and tas completed strategic and zoning implementation plans for redevelopment projects in the commacial center of Cond Sprir:gs. Fktrida. three industrial districts in the City of Winston Salem, North Carolina and a waterfro. ^..t zcsidennal development in Miami Beach, Florida. p.l ;.Iu,g ow uu ud: i:bp r'er• 1 a hguayo ;SUS 8bb 2't6b P.2 JACK L-. LUFT 1900 Tlgertail Avenue Miami, Florida 33133 Phone 305- 856 -5036 Employment Experience: 1997 to Present PRINCIPAL - LUFT CONSULTING, INC. Comprehensive. planning, Strategic Planning, Urban Design, Expect Witness Testimony, Development Consultation. 1995-1997 MIAMI DEPARTMENT- OF PLANNING, DEVELOPMENT & ASSET MANAGEMENT Director Responsible for city wide Comprehensive Master Planning, Community Planning, Joint Publir,/Private Development of Public Properties, Management of City Property ,assets (600 parcels) & Leases (120 commercial leases), GIS Information Systems, Historic Preservation, Zoning Administration and servicing 5 Hearing Boards. Managed staff of 48 professionals, pare- professionals, - $2.5 million budget 1990- 1995 CITY OF MIAMI - DEPARTMENT OF DEVELOPMENT Assistant Director /Development Coordinator Responsible for coordination of publiclprivate joint development of all city owned properties. Directed redevelopment program for SE Overtown /Park West. Project manager for Parrot Jungle, Dinner Key Boatyard, Watson Island Aviation facility, Tower Theater Public Cinema project, Virrick Gym redevelopment. Staff of 14 professionals - budget of $1,000,000 1970-1990 CITY OF MIAMI PLANNING DEPARTMENT Senior Planner l Chief of Urban Design I Art In Public Places Coordinator 1967-1968 HOWARD NEEDLES TAMMEN & BERGENDOFF Consultirvj Planners, Kansas City, Mo. Principal Planner, Regional and Community Planning 1965-1967 HARE & HARE LANDSCAPE ARCHITECTS, Kansas City Landscape Architect, Urban Designer PROFESSIONAL ACCOMPLISHMENTS: Principal Author (Planning Department, City of Miami, Florida): Downtown Miami Master Plan - 1990 Watson Island Master Plan -1989 Virginia Key Master Plan - 1986 Downtown Miami Waterfront Master Plan - 1969 Metrorail Station Area Master Plans -10 stations - 1979-82 Dinner Key Strategic Redevelopment Plan - 1994 Coconut Grave Master Plan -1975 • riub JU UU U.:-:?bp eeri.a r+t;uayo :30b 856 r%65 p.J Latin Quarter Specialty Center Development Plan / Tower Theater - 1991 Edison Park Mousing / Renewal Plan - 1974 Grafted over 25 separate district zoning codes governing development throughout Miami Project Manager / Senior Planner Sunny Isles Beach Comprehensive Master Plan - 2000 Goulds Storeporch District Strategic Plan - 2000 Coral Springs Torn Center Plaster Plan - 1999 Dinner Key Master Plan - 1985 Planning Liason - Metrorail Phase I Planning Liason Route I Stations - Metromover Phase I & II Design / Development of Paric West Mali Planning / Development of Hadley Park Olympic Pool Design / Development of Tower Theater Unified Development Project RFP - Parrot Jungle UnMed Development Project RFP - Virginia Key Campground Unified Development Project RFP - Dinner Key Boatyard Maritime Park Master Development Plan Liason Burle Marx Master Design Plan for Biscayne Boulevard Affiliations / Awards: Member. Urban Land Institute, American Planning Association Registered Landscape Architect - Kansas Certified - American Institute of Planners - -1983 Florida AIP Awards Judge - 3 years Vice Chairman - Miami Beach Design Review Board, 1985 -1995 Member - Governors Bicycie Council - Florida, 1982 -86 City of Miami - Employee of the Year, 1993 Education: B.S. Landscape Architecture Iowa State University, 1968 M.S. Urban & Regional Planning Iowa State University, 1970 Personal: Born 1944 Sioux City, Iowa Married, 4 children ages 31, 27, 5, 2 T1l'ai -?a Fire Ie�sc�eeament �. ,-ti 'a?C <.. �V ['Yi= +vu+a ^'7.; ••f �:. )IK: iJ,. •!, 's ;•�;,.tiilra?'��.r,- ``s.Y,T ts>sa +� r xr. �,it Hr �f. �. a.• S ?,�� �'.:; }�.n. • � bb l , • � 3� �f S�ti sr �l:+i vR. .'4'r. F� .'� � i i�`ri: ° e.r �.".A'4i: 1. .,, KC �� ` �. �i..'.•` Yi( 4' �µ�xKti� .ti�3 =•++S��U1LKi71�4�►.. !N. .�.� .• -� 5J r Y ,t '•R , Yti�.ta i• >t..r• f r, ;;+f`c . r ,� . ' 1 J ` 1 j'�9 '' •� E,io-�•rF•� � .? .?R r y�T, t�.e"r}...r•• , Compliance with Qrdint<e,83. -Z3 giving'ohce}ur�sdictioa.to issue citations for t �;parl� darcept l +cy;• *a �q..�f. i.^ rr 2< r�,.i1fT f7 ^�.."'��,`�'i~: "0.,. ��'x: r`� .1 Emergency vehicle ,gakuig area iS.t(} be located iii�iclaspiraxity t.the main entrances. ' Said' area• to lie identified. Per �:��i`� r. f:1 ;t+ia'� s`:3,., : � �J: � 2.,:,•i: it ..K.,r3*t' >` it � i 5., Fire Department vebicle •access• is to be provided tows many sides, of the structure as pc�l pr a uiecessitaad by the design bf�the ctu Ari&.1poati6hi of internal flue protection connectir ''� '• , :r? `� :. ,; f j�''' Y > ;'> ' ; . "� °, , :;Firms loess ]A res,mushb 40ablblof suppQrung" S ton4;sur acedtvuith solid pavement; natural W ooncrete, e& :orw tlk grass +turf rainforeed,bysconerete grids or stal ihzed• subgrade construction that meet the standards ,af,the - ;]wIe#roga�lilait Dads: CQuntp f ublic:Norlcs `DepiH i ant Bich co be ee ed bjr .a registered profeSSionala'engx e e �aiate a er�da, cA lanes are to.be•;a migimiun of-20 feet wide!with:a.verdcal clearance-.of Land scaping'long::these, laces must.. bpproved:�ndcoformtalandscaping { ;.; . plans- ' w.� _}. .,a4'' '.i.. .. '9f ea :,.> :�•�! .•.�• .. ,T �. 7i.d'' .._ iX �+r,.l,rtai :: � 4••. ' Curb:euts'for;fire aacess.lanes marked yre lanes'!'uT such'a nanner'as =to.be ,: easily visible from the road and cleat'ly delineated with infofit . &dka .igt s of not less than two square feet at each parcel. Parking on fire access lanes is to be ''probibite °' a, A. • .:y •.. i�: fi :t •I•F +.f , '� "1=r1:. t. �.�. :�•.i';,(.. k•'!.. f:w .i-,'i ii. •5�l•�ia �1• .'.: Minimum 58 foot outside turning clearance and minimum 36 foot inside tuming clearance radii. All slopes in the project must be'able. to accomuii dat6 our largest- 4 dl- truck. This. truck has the dimensions -and angle requirements shown below. Overall length: 46 feet, 10 inches. Bur'n�pei -to- bumper. length: 32 feet Wheelbase length: 256 inche's Angle of approach: 11 degrees maximum Brake-over angle: 7, degrees maximum Angle of departure: 8 degrees Aerial apparatus set -up sites at the comer of each building over three stories and at the approximate center of buildings in excess of 125 feet in length. i I` M(ttk(- DAVE 4 ,10 ?r C�dE SUBDIVISIONS I J t § 28-14 (13) Property lines at street intersections shall (16) No street names or numbers shall be used be rounded with a radius of twenty -five which will be confused with or duplicate (25) feet. A greater radius may be pre- the names of existing streets. Street names scribed by the plat division in special shall be subject to the approval of the plat cases in accordance with uniform Stan- division of the appropriate authority. dards prescribed by the County's manual of public works construction. The plat (C) Alleys. division may permit comparable cutoffs or (1) Alleys may be dedicated in commercial chords in place of rounded corners. and industrial districts, except that the (14) Street right -of -way widths shall be as plat division of the appropriate authority shown on the master plan or in Chapter may waive this requirement where other 33 of this Code and where not so shown definite and assured provision is made for shall be not less than as follows: service access, such as off -street loading, unloading, and parking consistent and (a) Arterial -One hundred (100) feet adequate for the uses proposed. right -of- -way; i (b) Collector — Seventy (70) feet right-of- (2) The width of any alley shall not be less l than twenty (20) feet. way; (c) Minor, for apartments and residenc- es —Fifty (50) to sixty (60) feet right - of -way as may be determined in uni- form standards prescribed by the County's manual of public works con- struction; (d) Marginal access— Forty -five (45) feet where required in residential areas — Fifty (50) feet where access is lim- ited, by a limited access highway, a railroad or canal— Seventy (70) feet in industrial subdivision; (e) Minor for industrial areas -- Seventy (70) feet right -of -way; unless because of unusual conditions the plat division determines that a lesser right - of -way width is justified. (15) Half streets shall be prohibited, except where essential to the reasonable devel- opment of the subdivision in conformity with other requirements of these regula- tions, and where the plat division of the appropriate authority finds it will be prac- tical to require the dedication of the other half when adjoining property is subdi- vided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tracts. Supp. No. 25 4231 (D) Easements. (1) Easements across lots (not including drain- age) and, where possible, centered on rear or side lot lines shall be provided for utilities where necessary. (2) Where a subdivision is traversed by a watercourse, drainageway, or canal, there shall be provided a storm water easement or drainage right -of -way conforming sub- stantially with the lines of such water- course, and such further width or construc- tion, or both, as will be adequate for the pu rpose. Parallel streets or parkways may be required in connection therewith in accordance with uniform standards pre- scribed by the manual of public works construction. (E) Blocks. (1) The length, width and . shape of blocks shall be determined with "due regard to: (a) Provision of adequate building sites suitable to the special need of the type of use contemplated. (b) Zoning requirements as to lot size and dimensions. (c) Need for convenient access, circula- tion, control and safety of street traf- fic. z � .p �,,� � � m Cl) (D :7 m p � � v � r —t D w o- z Q O O Q Z C- 5 5 c�D cc-/-) m D C7 > (C) � CD CD � Z --t iL .J -� W \ 1 � -n (D p, ON ON -n X o 70 0 0 00 -' m Q O r OR �D C � Cf) J cr cr <_ m m 7 Q ON O` ,p p m z ( DD n � C O C D �" r � � y � o C� — K + z o G) C7 Q -v 99 > � m 0� ;u � o m o ON o D �' C> z � T 3 — cn + W O O V / C V / D C/) + + + � C }z� � � �� _ �'1 _7 co CD { G) CA v m 7 r � f HOMETOWN PLAN VISION • r a�ti -� � av� � . � Ewa. + ! :6 � K �# •9'f � �` V� 1. '4� . AOL YIN For l k A w • MMM i x:1tSb!.� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr City Manager ( THE REQUEST DATE: 9/1 /00 AGENDA ITEM # 024 Comm. Mtg. 9/1100 Economic Impact Statement A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; REQUIRING PROPOSED LEGISLATION TO BE ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE BACKGROUND The attached resolution sponsored Commissioner Russell requires proposed legislation to be accompanied by an economic impact statement. xok:�bt.,t CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9 /1 /00 9 AGENDA ITEM #—;— FROM: Charles D. Scurr ` Comm. Mtg. 9/1/00 City Manager LEGISLA T /ON THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; PROHIBITING MORE THAN ONE SPONSOR; PROVIDING AN EFFECTIVE DATE BACKGROUND The attached resolution sponsored Commissioner Russell prohibits more than one sponsor on legislation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; PROHIBITING MORE THAN ONE SPONSOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desires to promote open government and maintain the confidence of its electors and the business community to its commitment to open government; and, WHEREAS, legislation ' presented by more than one sponsor suggests that there may have been collusion among the sponsors or discussion by commissioners about the subject of the legislation outside of public meetings. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. All legislation presented for consideration by the Mayor and City Commission, whether by ordinance or resolution, shall be presented by only one sponsor. Additional commission members may be designated as co- sponsors of the proposed legislation at a public meeting. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstriking. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr SUBJECT: City Manager P f6o 0 ` REQUEST September 5, 2000 ;? Agenda Item # Commission Meeting — 9/5/00 RESOLUTION TO TIIE COUNTY EXERCISING THE CITY'S OPTION TO BE EXEMPTED FROM THE MIAMI -DADE COUNTY UTILITY The attached resolution provides formal notification to Miami -Dade County of the City's intent to be exempted from the County's Stormwater Utility and form its own Utility. BACKGROUND A comprehensive summary of the issues involved in forming the City of South Miami Stormwater Utility is provided with the proposed Stormwater Utility ordinance cover memorandum, which is also on tonight's agenda. RECOMMENDATION The attached resolution is a formality, and is required to officially notify the County of the City's intent to be exempted from the County's Utility and create its own municipal Utility. Approval of the attached resolution is therefore recommended. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO THE STORMWATER 6 UTILITY, NOTIFYING THE BOARD OF COUNTY 7 COMMISSIONERS AND THE DIRECTOR OF THE 8 MIAMI -DADE COUNTY DEPARTMENT OF 9 ENVIRONMENTAL RESOURCES MANAGEMENT 10 THAT THE CITY OF SOUTH MIAMI INTENDS TO 11 EXERCISE ITS OPTION TO BE EXEMPT FROM THE 12 PROVISIONS OF THE MIAMI -DADE COUNTY 13 STORMWATER UTILITY ORDINANCE, MIAMI - 14 DADE COUNTY CODE 24 -61 ET SEQ., AND TO BE 15 EXEMPT FROM THE JURISDICTION, PURVIEW, 16 AND OPERATION OF THE MIAMI -DADE COUNTY 17 STORMWATER UTILITY, IN ORDER TO 18 ESTABLISH A STORMWATER UTILITY WITHIN 19 THE MUNICIPAL BOUNDARIES OF THE CITY OF 20 SOUTH MIAMI, TO BE KNOWN AS THE "CITY OF 21 SOUTH MIAMI STORMWATER UTILITY" IN 22 FURTHERANCE OF THE PROVISIONS OF SECTION 23 403.0893(1), (2), AND (3), FLORIDA STATUTES, AS 24 AMENDED. 25 26 27 WHEREAS, the City of South Miami is currently a member of the Miami -Dade County 28 Stormwater Utility, an agency created through County Ordinance 91 -66 for the purpose of 29 providing uniform stormwater management throughout Miami -Dade County, and; 30 31 WHEREAS, the City of South Miami desires to form its own Utility to provide improved 32 services within our municipality, and; 34 WHEREAS, the City of South Miami commits to implementing the provisions of Section 35 403.0893(1), (2), and (3), Florida Statutes, as amended, by creating a Stormwater Utility, and 36 adopting stormwater utility fees resulting in sufficient funds to plan, construct, operate, and 37 maintain stormwater management systems set forth in the local program required pursuant to 38 Section 403.891(3), Florida Statutes . 39 40 41 42 /continued ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The recitations and findings of the preamble are hereby incorporated by reference into this resolution Section 2 The City of South Miami hereby notifies the Board of County Commissioners or Miami -Dade County, Florida, and the Director of the Miami -Dade County Department of Environmental Resources Management, that the City or South Miami exercises its option to be exempt from the provisions of the Miami -Dade county stormwater utility ordinance, Miami -Dade county code 24 -61 et seq., and to be exempt from the jurisdiction, purview, and operation of the Miami -Dade county stormwater utility, in order to establish a stormwater utility within the municipal boundaries of the City of South Miami, to be known as the "City of South Miami Stormwater Utility" in furtherance of the provisions of section 403.0893(1), (2), and (3), Florida statutes, as amended. PASSED AND ADOPTED this 5h day of September, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/1/00 �I AGENDA ITEM #�_ FROM: Charles D. Scurr Comm. Mtg. 915/00 City Manages Extended Medical Leave Pay REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE; GRANTING MR. DAVID WALKER ADDITIONAL LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Vice Mayor Horace G. Feliu authorizes the City Manager to extend medical leave with pay to Mr. David Walker, an employee with the City's Code Enforcement Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDED MEDICAL LEAVE; GRANTING MR. DAVID WALKER ADDITIONAL LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Mr. David Walker a long -time employee of the City's Code Enforcement Department is recuperating from a serious illness and has exhausted his accumulated annual and medical leave time; and WHEREAS, City of South Miami employees have graciously donated medical leave time so that David Walker can continue to receive a paycheck; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to extend medical leave time and other benefits to Mr. Walker for a fixed period of time, commencing upon the exhaustion of the donated medical leave, in order to assist Mr. Walker until he is able to return to work. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to extend medical leave time and other benefits to Mr. Walker for a period of time up to ninety (90) days, commencing upon the exhaustion of donated medical leave, and terminating when Mr. Walker is medically cleared to return to work. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by eWFStrikin g. R EKSO L t 1A 01'4 NO. 36- 00 -1C929 RES(I..I mc :)1`, ( a I A TH:I: ( • TA' OF 0 1 1 I 'X; FENDI:I) M1;I:)IC AI \V,,LK.1 :1, AE)DI F c )X.AI MAD OR AND L ITY Cc )NIM1SSIO\ If MIAMI. h1.0RI I )A, RE­:I.ATlN,,i TO L,EA.VI ; GR.-'�N I ING MR. IaAVI ) LEAV[- %;I11I PAY: PROVII:)IhG Air' A:I-IER.EAS. NIr. 1:)nvid Walker. a li►ng-lime employee ol'the City's Code I nfi)rccn;ent Depatmen in recuperating from a serious illness and hw; e.Nhausted hi.,; and medical leave Itmc: turd. `vtiMERI:M ( its V With Mian• i employees have g)racic,usly donated nwAnd Vve tinnc so that Day id Walker c.1tt continue to receh e a paycheck.: and. W1 MERE AS. the jNIa ,-or and City ►..: ornmi,sion desire to M llOrice the City Marw'..,Cr to ext,:nd rneclical lem e time and i Ter benefits to IVIr. Walker fora Fixed .p,�rioi,i ol'time, ci: ►tnntencin,.. neon the exh.rmion of the donated mcdVal leave, in order to assist Mr. Walker until he is able to return to work. x(:)'W B[, IT RESOLVED BY THE 1\ANTER MD CITY 001 Nil SSION'DF - I•I-IL Cf F '01` SOUL l PIIAMI. I'LORIDA.: Se�.tion_1. The C;il Manager is iulthorized to extend inedical leave time .and taller benelits to Mr. Walker for a perind of time up to 9U clay:;. zoom nencing upon the oxhaustim or Mind medical Im m and terminating wh;:n 10r. Walker is rm:dically clearcd to return to v ork. Addidims :ih w n by Itn�lerlinins and ciel,.•tions shwsn by i l .il'7!T i.4 1 f L!` T? Ion a or I 'i3' .. -: , ;kip it Pa ?' I ".. -. i - -. - _ -- _ t"i . . r. 36 r o .1 "iEi.. -:' ",,— ,— ^ I!:— „ R EKSO L t 1A 01'4 NO. 36- 00 -1C929 RES(I..I mc :)1`, ( a I A TH:I: ( • TA' OF 0 1 1 I 'X; FENDI:I) M1;I:)IC AI \V,,LK.1 :1, AE)DI F c )X.AI MAD OR AND L ITY Cc )NIM1SSIO\ If MIAMI. h1.0RI I )A, RE­:I.ATlN,,i TO L,EA.VI ; GR.-'�N I ING MR. IaAVI ) LEAV[- %;I11I PAY: PROVII:)IhG Air' A:I-IER.EAS. NIr. 1:)nvid Walker. a li►ng-lime employee ol'the City's Code I nfi)rccn;ent Depatmen in recuperating from a serious illness and hw; e.Nhausted hi.,; and medical leave Itmc: turd. `vtiMERI:M ( its V With Mian• i employees have g)racic,usly donated nwAnd Vve tinnc so that Day id Walker c.1tt continue to receh e a paycheck.: and. W1 MERE AS. the jNIa ,-or and City ►..: ornmi,sion desire to M llOrice the City Marw'..,Cr to ext,:nd rneclical lem e time and i Ter benefits to IVIr. Walker fora Fixed .p,�rioi,i ol'time, ci: ►tnntencin,.. neon the exh.rmion of the donated mcdVal leave, in order to assist Mr. Walker until he is able to return to work. x(:)'W B[, IT RESOLVED BY THE 1\ANTER MD CITY 001 Nil SSION'DF - I•I-IL Cf F '01` SOUL l PIIAMI. I'LORIDA.: Se�.tion_1. The C;il Manager is iulthorized to extend inedical leave time .and taller benelits to Mr. Walker for a perind of time up to 9U clay:;. zoom nencing upon the oxhaustim or Mind medical Im m and terminating wh;:n 10r. Walker is rm:dically clearcd to return to v ork. Addidims :ih w n by Itn�lerlinins and ciel,.•tions shwsn by i l .il'7!T i.4 1 f L!` T? Ion a or I 'i3' .. -: , ;kip it Pa ?' I ".. -. i - -. - _ -- _ t"i . . r. 36 r o .1 "iEi.. -:' ",,— ,— ^ I!:— Section 2. This medical leave resolution shall take of lect unnledlately upon approval. PASSED AND ADOPTED this 15"' day of February. 2000. ATTEST: APPROVED: �al 41�- CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY \ \Dell 6100`,Documents\CitN o1'So Lit h Miami \0022 -001 \2430.doc COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe : Commissioner Bethel: Commissioner Russell: Pa`e 2 of 2 Resolution N C. 36 -00 -10929 4 -0 Yea Yea Yea Yea Out of room CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Date: September 5, 2000 Agenda Item # _.1> Comm Mtg. 09 -05 -00 Re: Professional Services Agreement with M. C. Harry & Associates for the Multipurpose Center Phase II A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH M. C. HARRY & ASSOCIATES, INC., FOR AN AMOUNT OF THREE IIUNDRED AND FORTY -ONE THOUSAND FIVE HUNDRED AND THIRTY FOUR DOLLARS; TO BE CHARGED TO ACCOUNT NUMBER 001- 0000 -131 -1410; AND PROVIDED THAT THE EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. BACKGROUND: At a special City Commission meeting on May 8, 2000, the City Commission through Resolution no. 107 -00- 11000, selected M. C. Harry Associates, as the first ranked firm, for pre - design, design, preparing of construction documents and administration of construction services for the proposed Multipurpose Center Phase II. The Commission further authorized the administration to negotiate a professional services agreement for the same and bring it back to the City Commission for approval. The attached Professional Services Agreement, negotiated between the City and M. C. Harry Associates, is presented for your approval. The design program, which establishes the scope of work for the consulting firm was developed with the help and guidance from the Cultural and Recreation Advisory Board. The scope of work includes a number of functions, entitled Pre - design services, which is beyond what is generally considered basic scope of work for architectural/ engineering services. Pre - design efforts include such things as community outreach to gather public input, a master planning and reprogramming of the whole site to optimize the available land area and to develop a long term "road map" for the recreational facilities at Murray Park. The master planning effort will also address After School House project as well as the facilities for Senior Citizens. The proposed agreement for a total lump sum fee of three hundred and forty -one thousand five hundred and thirty four dollars ($341,534) represents slightly over 11% of the total construction cost of $ 3,000,000. The administration believes that the amount is reasonable and is well within the acceptable industry practice. The amount will be charged to account number 001 - 0000 - 131 -1410 and is reimbursable through Community Development Block Grant (CDBG) Murray Park Fund. RECOMMENDATION Approval Attachments: Resolution no: 107 -00 -11000 Proposed resolution. Negotiated Professional Services Agreement I 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2' 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 107 -00 -11000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM OF M. C. HARRY & ASSOCIATES, FAILING THAT WITH THE SECOND RANKED FIRM OF MATEU CORRENO RIZO & PARTNERS, INC., FAILNG THAT TO THE THIRD RANKED FIRM OF BERMELLO, AJAMIL & PARTNERS FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER. WHEREAS, the City Commission desires to retain a team of consultants for the design; construction documents and construction administration of the City of South Miami Multipurpose Center, and WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for Professional Services, and WHEREAS, the City received a total of seventeen (17) responses as a result of -:;the published notice, and WHEREAS, The City having followed the requirements established by Florida Statute 287.05: Acquisition of Professional Services for Architects and Engineers. recommends three top ranked firms in order of preference, and NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: Section 1: That the City Commission approves the recommended ranking of the three top ranked firms as follows: 1. M C Harry Associates 2. Mateu Carreno Rizo & Partners. Inc. 3. Bremello. Ajamil & Partners Section 2: That the City Commission authorizes the administration to negotiate a fee proposal for design, construction document and construction administration of the City of South Miami Multipurpose Center with the first ranked firm. Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked firm the City must formally terminate the negotiation and undertake negotiations with second ranked firm, failing that undertake negotiation with the third ranked firm. 1 2 4 6 7 8 10 11 12 13 14 15 16 Section 4: That the negotiated Professional Ser<•ices Agreement is brought back to the City Commission for approval. PASSED AND ADOPTED this 8th day of May , 2000. ATTEST: CITY CLERK READ AN PROVED AS TO FORM: CITY ATTORNEY ' APPROVED: - Awse�,� MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 4 -0 Yea Out of town Yea Yea Yea 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH M. C. HARRY & ASSOCIATES, INC., FOR AN AMOUNT OF THREE HUNDRED AND THOUSAND FORTY -ONE THOUSAND FIVE HUNDRED AND THIRTY FOUR DOLLARS; TO BE CHARGED TO ACCOUNT NUMBER 001- 0000 -131 -1410; AND PROVIDED THAT THE EXECUTED AGREEMENTS BE MADE A PART OF THIS RESOLUTION. WHEREAS, the City Commission desires to retain a team of consultants for the design; construction documents and construction administration of the City of South Miami Multipurpose Center, and WHEREAS, The City having followed the requirements established by Florida Statute 287.055: Acquisition of Professional Services for Architects and Engineers, recommended three top ranked firms in order of preference, and WHEREAS, The City Commission at a special meeting on May 8, 2000, through resolution no. 107 -00- 11000, authorized the administration to negotiate a professional services agreement with the number one ranked firm, M. C. Harry Associates, and WHEREAS, The negotiated professional services agreement is for an amount of total lump sum fee of three hundred and forty -one thousand five hundred and thirty four dollars ($341,534), and WHEREAS, The amount will be charged to account number 001 - 0000 -131 -1410 and is reimbursable through Community Development Block Grant (CDBG) Murray Park Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the negotiated Professional Services Agreement is approved. Section 2: That the executed agreement is made a part of the resolution. PASSED AND ADOPTED this day of , 2000. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: City of South Miami Multipurpose Center Phase 2 Professional Service Agreement THIS AGREEMENT made and entered into this day of , 2000, by and between the CITY OF South Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and M. C. Harry Associates, Inc., a. Florida Corporation hereinafter referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants herein contained, the CITY agrees to employ the CONSULTANT and the CONSULTANT agrees to perform all professional architectural engineering services in connection with the WORK, as described herein, for a lump -sum fee upon the following terms and conditions; namely: SECTION 1 - GENERAL PROVISIONS: 1.1 The CONSULTANT accepts the relationship of trust and confidence established between the CONSULTANT and the CITY by this Agreement. The CONSULTANT covenants with the CITY to furnish his best skill and judgement and to cooperate with the Construction Manager and all other parties involved in furthering the interest of the CITY. The CONSULTANT agrees to provide the necessary leadership and to use his best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the CITY. 1.2 The CITY will enter into an agreement with a Construction Management firm to construct this project under the Principles of Construction Manager (C.M.) at Risk. The C.M. will provide a Guaranteed Maximum Price (GMP) based on the 100% Design Development documents. GMP shall be consistent with the City's construction budget, as indicated in Section 3 of this agreement, any budget modifications agreed upon by the CITY, CONSULTANT and C.M., during the development of the documents. 1.3 The Construction Team - the City, the Consultant and the Construction Manager, shall work from the beginning of planning through final construction completion and should be available thereafter should additional services be required. 1 1.4 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to.discuss the scope of the WORK, the time needed to complete the WORK and the fee for the services to be rendered.in connection with the WORK. 1.5 The .CITY agrees that it will make available to the CONSULTANT plans and other data in the CITY files pertaining to the WORK to be performed under this agreement promptly. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly within ten calendar days after each meeting at which their presence is requested /required. 1.7 The CITY agrees to designate a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANT's services. The CONSULTANT shall keep the CITY's representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - SCOPE OF SERVICES 2.1 The attached program of areas (exhibit A) will form the basis of the Scope of Services. 2.2 The scope of work can generally be divided in the following phases: A. Pre - design analysis including limited programming, Master Planning of the whole site (including off site facilities presently utilized, fields, existing Phase 1 building under construction) and community outreach effort. B. Complete design services and preparation of construction documents for the Phase 2 of the Multipurpose Center, a project limited to approximately $3 million in construction cost. C. Advising and counseling the City on the best project delivery method and the subsequent Construction Administration. D. Post Construction Administration. 2 2.2 .,1 Pre- design Analysis: a) The CONSULTANT shall compile and review all available relevant data pertaining to the project. These are, but not limited to, building space. program,, programming for the field, community issues,.available project budget and the anticipated time frame. b) The CONSULTANT. shall consult with the CITY and ascertain the validity of information collected under Section 2.2.1(a)' and suggest necessary adjustments as necessary to the CITY. c) The CONSULTANT shall confer with representatives of the CITY.and.the using agency to determine the full scope of the WORK that will meet the program requirements within the allocated funds. d) The CONSULTANT shall hold at least two public meetings to receive public input during the pre - design phase. e) Based on the best available information the CONSULTANT shall proceed to develop a Master Plan for the total site including off -site facility, currently under use. The purpose of the Master Plan is to develop a long term vision for the Murray Park facility that optimizes the available facilities and resources. The CONSULTANT shall make necessary presentations to the City's Cultural and Recreation Advisory Board to receive the Board's input and a presentation of the results to the City Commission. f) Based on. the comments received the CONSULTANT shall prepare a Master Plan and Predesign Analysis Report. The report shall comprise generally-the following: ■ A Master Plan showing the total long -term development plan of the Murray Park facilities. • A building program and the utilization program for the field. • A phasing plan and a possible timetable for development. ■ Estimated project cost by major components or phasing. g) The CONSULTANT shall submit and present one (1) original ready for duplication and twenty five (25) copies of all documents required under this phase, without additional charge, for approval by the CITY. and the CONSULTANT shall 3 not proceed CITY. 2.2.2 Schematic Design: with the next phase until directed by the A. Based on: the .approved Master Plan and Predesign Analysis Report the CONSULTANT shall prepare a schematic design for the Second Phase of the Recreation Center, ..including but not limited to related site planning, access analysis, parking, secure drop off and pickup areas, site lighting etc. to achieve a solution acceptable to the CITY. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the WORK may be constructed within the allocated funds. C. The CONSULTANT shall prepare a Schematic Design Report, comprising the WORK Timetable (Master Schedule) Planning Summary (if applicable), Schematic Design Studies (if applicable) as defined below, and the Statement of Probable Construction Cost. D. The Proposed WORK Timetable shall consist of a schedule showing the proposed completion date of the WORK through design, construction and occupancy. E. The Planning Summary shall consist of a vicinity plan and blow -up of the Site (if applicable) showing orientation, and a brief summary of all pertinent planning criteria used for the WORK. F. The Schematic Design Studies shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the Design Concept of the whole. A simple perspective sketch, model or photograph thereof may be provided to further show the Design Concept. G. The CONSULTANT shall present the Schematic Design Studies to the Citizen Advisory Boards (such as Environmental Review Board, Cultural and Recreational Board etc.) , as appropriate, for their approval when the WORK requires such approval. H. The CONSULTANT shall present the Schematic Design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASD, DERM etc.) to determine any potential conflict with their utilities or to identify any other critical issues that may impact the design, budget and construction of the WORK. 4 I. The Statement of Probable Construction Cost shall include estimated cost of the WORK including fixed equipment, furnishings, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date and utility service extensions (if any). J. The CONSULTANT shall submit and present. four (4) copies of all documents required under this phase, without additional charge, for approval by the CITY and the CONSULTANT shall not proceed until directed by the CITY. K. The CONSULTANT shall during this phase prepare necessary documents and help the CITY in the selection of a Construction Management firm 2.2.3 Design Development: A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the .drawings, outline specifications and other documents to fix and describe the size and character of the entire WORK as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise an updated Timetable of WORK, Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the WORK. The data included shall firmly fix the scope of the project, enabling the C.M. to provide the CITY with a GMP for construction. If the. Updated Statement of Probable Construction Cost exceeds the allocated funds, appropriate costs or scope reduction options must be included in consultation with the C.M. C. The CONSULTANT shall present the Design Development Studies to the Citizen Advisory Boards (such as Environmental Review Board, Cultural and Recreational Board etc.), as appropriate, for their approval when the WORK requires such approval. D. The CONSULTANT shall submit and present four (4) sets of all documents required under this phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. 2.2.4 Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents 5 setting forth in detail the requirements for the construction of the WORK including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, including requirements of the Miami Dade Office of Economic Development, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract and Specifications. B. The Contract Documents shall be prepared as one cohesive set of document but could be grouped in Bid Groups or any other groupings as appropriate and as designated by the C.M.:with the agreement of the Construction Team. C. The Construction Documents shall be. prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 500 of their size. All drawings shall be on standard size (preferably 24" x 36 ") paper /mylar with the CITY's standard sheet format, unless approved otherwise. D. All final construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non - drawing submittals in Microsoft Office formats. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. E. When the development of the drawings has progressed to at least 50% completion in phase, the CONSULTANT shall submit three, (3) copies to the CITY for approval, without additional charge, along with the updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction Cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. F. The CONSULTANT shall not proceed with the further development until approval of the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50 complete Check Set shall be returned.to the CITY. G. A Notice to Proceed for the completion of this phase will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost 6 reductions sufficient to enable construction within the funds available. H. Upon 1000 completion of the. Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. I. The CONSULTANT shall make. all the necessary presentations to the appropriate City, County, State Boards, etc. (such as Board of Architects, Historical Preservation Board etc.) for the final approval. J. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting. from paragraph H if the changes or additions do not alter the scope of the WORK. The 100% complete Check Set shall be returned to the CITY. Upon final approval by the CITY, the CONSULTANT shall furnish two (2) copies of drawings and specifications to the CITY, without additional charge. The CITY shall reimburse the CONSULTANT for the cost of printing additional drawings and specifications for bidding purposes, if authorized. J. The CONSULTANT shall arrange for "dry runs" and /or make final submissions to appropriate authorities as necessary, to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permits for construction. 2.2.5 Bidding and Negotiation Phase: A. The CONSULTANT shall assist the C.M. to arrange for pre bid conferences. B. The CONSULTANT shall attend the prebid conferences and bid openings as necessary. C. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the C.M. in obtaining and evaluating bids and recommendation to the CITY on awarding of Contracts. 7 D. The CONSULTANT shall evaluate product equals at the request of the C.M. and make a decision on each in a timely manner. 2. 2.6 Administration of the Construction under contract to C.M.: A. The Construction Phase will begin with the award of the Construction Contract and will end' when the Contractor's final Payment Certificate is approved and .paid by the CITY. B. The CONSULTANT,, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY. and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions of the Construction Contract as developed by the C.M. with the approval of the CONSULTANT and the CITY. C. The CONSULTANT shall attend pre- construction meetings. D. The CONSULTANT shall at all times have access to the WORK wherever it is in preparation or progress, so he /she may perform as intended under this Agreement. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the WORK and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of site visits, the CONSULTANT will advise as to the progress of the Work and use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK of the C.M. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him /her during each visit to the WORK. The CONSULTANT shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the C. M. is making timely, accurate, and complete notations on record drawings. G. Based on site visits and on the Contractor's. Payment Request, the CONSULTANT in consultation with the C.M. shall determine the amount due the Contractor on account and he /she shall recommend approval /disapproval of the request. The recommendation of approval of a Payment Request shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point M indicated, and the quality of the WORK is in accordance .with the Contract Documents. H. The CONSULTANT shall have affirmative' duty to recommend rejection of WORK which does not conform to the Contract Documents. Whenever, in his /her reasonable opinion, he /she considers it necessary or advisable to insure compliance with the Contract Documents, he /she will have authority (with the CITY's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the WORK site, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the WORK and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with and written approval from the CITY. J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the WORK initiated by others, and initiate proposed Change Orders as required by his /her own observations. K. The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the WORK. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained thereon before the CONSULTANT recommends execution of Certificate of Final Acceptance and Final Payment to the Contractor. The CONSULTANT shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining C. M.'s compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start -up and testing, adjusting and balancing of equipment and systems, and 3) final clean -up of the-WORK. M. Should disagreement occur between the CONSULTANT and C.M. over acceptability of work and conformance with the 11 V requirements of the specifications and plans, the designated representative of the CITY and the City Manager shall be the final judge. 2.2.7 Post Construction Administration A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based on information furnished by the C.M. Such drawings shall become the property of the CITY and are to be in electronic format as well as in a reproducible medium. C. The CONSULTANT shall perform a walk through six months after'-­­the substantial completion of the WORK. The CONSULTANT shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services Additional Services as listed below are normally considered to be beyond the Scope of Services as described in this Agreement. A. Special analysis of the CITY's needs, and special programming requirements for the WORK. B. Financial feasibility, life cycle costing, or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment which are.not intended to be constructed as part of a specific WORK. E. Services.to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement 10 of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. G. Professional services made necessary by the default of the Contractor or by major defects in the WORK. under the .Construction Contract,. providing the cause is found by the CITY.to be other than by fault of the CONSULTANT. H. Making major revisions changing the Scope of a WORK, to drawings and specifications when such revisions are inconsistent` with written approvals or. instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and /or scheme or any portion). I. The services of one or more full -time WORK Representative. J. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceedings or legal proceedings in connection with this WORK. K. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. L. Preparing supporting data, drawings, and specifications as may be required for Orders affecting the scope of WORK provided.the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 CONSTRUCTION BUDGET:. The construction budget is set at $3,000,000. SECTION 4 TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed. from the CITY, subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part .of the Agreement, change of scope or should any.other events beyond the control of the CONSULTANT render performance of his /her duties impossible. 11 SECTION 5 BASIS OF COMPENSATION: The CONSULTANT agrees to perform the services as outlined. in this agreement for a Lump Sum fee of Three hundred and forty one thousand five hundred and thirty four dollars ($341,534). SECTION 6 PAYMENT AND PARTIAL PAYMENTS: The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. Such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Pre - design Analysis. 25% upon completion and approval of Schematic Design. 40% upon submittal and approval of Design Development. 75% upon. 100% completion and approval of Construction Documents and Bidding. 98% upon completion of the Project and approval of all WORK (Phase V). 100% upon final completion and approval of WORK elements A and B of Post Construction Administration. The CONSULTANT shall be obligated to do a six month walk through as required in 2.2.7(C). The CONSULTANT shall submit an original INVOICE to the CITY representative at City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143. The CITY will consider this the official request for payment. The invoice shall have the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to,date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of WORK completed. C. Amount earned. d. Amount previously billed. e. Due this invoice. f. Summary of.WORK done this billing period. g. Invoice number and date. 3. Upon request by the CITY the CITY with certified payroll salaries and hourly rates. 12 CONSULTANT shall provide the data for the WORK reflecting SECTION 7 RIGHT OF DECISIONS: All services shall be performed by ..the. CONSULTANT to the satisfaction of the CITY designated representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement. In the event that the CONSULTANT does not concur in the judgment of the CITY designated representative as to any decisions made by him /her, The CONSULTANT shall present his /her written objections to. the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to.arbitrate, by either parties, -in accordance with the Industry Arbitration Rules of the American Arbitration Association. SECTION 8 OWNERSHIP OF DOCUMENTS: All reports and reproducible plans, the CONSULTANT for the purpose of this property of the, CITY without restriction with the Owners use and occupancy of documents without written agreement from CITY's sole risk and without liability CONSULTANT. and other data developed by Agreement shall become the or limitation in connection the WORK. Reuse of these the CONSULTANT shall be the and legal exposure to the SECTION 9 COURT APPEARANCES, CONFERENCES AND HEARINGS: Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY except in consideration of additional compensation, except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the CITY and upon receipt of written authorization from the CITY, prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement herein contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation SECTION 10 NOTICES: Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CITY in person or by mail to said CONSULTANT or,his authorized representative. 13 SECTION 11 AUDIT RIGHTS: The CITY reserves the right to audit the records of the CONSULTANT related to this. Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. SECTION 12 SUBLETTING: The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 13 WARRANTY: The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and. that he /she has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability. SECTION 14 TERMINATION OF AGREEMENT: It is expressly understood and agreed that: A. The CITY shall have the right to terminate this Agreement for "cause ". Termination for "cause shall mean termination because of the Consultant's material breach of his /her covenants contained in this Agreement, gross misconduct by the CONSULTANT in the performance of his /her duties herein, the commission by the CONSULTANT of an action constituting common law fraud, or a felony, or acts of the CONSULTANT resulting in material damage to the CITY. "Material damage" shall be determined by the CITY in it's sole discretion. The CONSULTANT shall be compensated only for WORK previously authorized and completed. B. Termination without Cause. The CITY shall have the right to terminate this Agreement, in which event the CONSULTANT will thereupon be entitled only to compensation, for the WORK previously authorized and completed. Either party may terminate this Agreement pursuant to Section 16. 14 SECTION 15 DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party, in default and notify the other party in writing as provided in Section 9. In such event, the CONSULTANT will only be compensated for any. completed Professional Services. In the event partial payment has been made for such Professional Services not completed,. the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this Contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY.exceed 250 of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 16 HOLD HARMLESS, INDEMNIFICATION AND WAIVER OF LIABILITY The CONSULTANT shall not commence WORK on this Agreement until he /she has obtained -all insurance required by the CITY. The CONSULTANT shall defend, indemnify and save the CITY harmless from any claims, liability, losses and causes.of actions, arising out of a willful or unlawful act, or any negligent error or omission, or any negligent act (s) of the CONSULTANT or his /her SUBCONSULTANTS, incident to the performance of the Consultant's Professional Services under this Agreement. The CONSULTANT shall pay any and all claims and losses incidental or otherwise to the CONSULTANT's Professional Service Agreement herewith and shall defend all such suits in the name of the CITY, when applicable, and, if found liable shall compensate the CITY for reasonable attorney's fees and, shall pay all costs and judgments including attorney's fees which may issue thereupon. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT or his /her SUBCONSULTANTS, the CITY does not assume or share any of the responsibility or liability for the CONSULTANT or his /her SUBCONSULTANTS, the registered professional (architects and /or engineers) under this Agreement. . Pursuant to the provisions of Florida Statute Section 725.06, the parties agree that to (one percent) of the contract price represents specific consideration to the CONSULTANT for the indemnification set for in this contract. The CONSULTANT, in consideration of the foregoing, agrees to indemnify the CITY for any damages to persons or property caused in part or in whole by any act, omission, or default of the CONSULTANT arising from the contract or its performance. Pursuant to the requirements of Section 725.06, the limit of such indemnification shall be one (1) million dollars. 15 SECTION 17 INSURANCE The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, .not to exceed 50 of the limit of .liability providing for all sums which the CONSULTANT shall become legally obligated to pay .as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him /her in connection with this Agreement. This insurance shall be maintained for the complete duration of the WORK and three years after completion of the construction and acceptance of any WORK covered by this Agreement. However, the. CONSULTANT may be, required to purchase Specific Project (Engineer's /Architect's) Professional Liability Insurance which provides for additional coverage if requested by the CITY. The cost of such additional insurance will be reimbursed by the CITY. B. Comprehensive General Liability Insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interests with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name the CITY as additional insured and shall reflect the hold harmless provision contained herein. C. Workman's Compensation Insurance for all employees of the CONSULTANT, in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended and Employers Liability Insurance with limits not less than $500,000. D. All policies shall contain waiver of subrogation against the CITY where applicable and shall expressly provide that such policy or policies are primary over any other collective insurance that the CITY may have. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. G. Except as to 'subsections A and C herein, the CITY shall be named as an additional insured under such policies. Said policies shall contain a "severability of intent" or a "cross liability" clause without obligation for premium 16 payment by the CITY. The CITY reserves the right to request a copy of the required policies for review. H. All policies shall provide -for 30 days notice to the CITY prior to cancellation or material. changes. Said notice shall be made to: City Manager City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 I. The CONSULTANT shall furnish Certificates of Insurance to the Employee Relations Department and the Office of the City Attorney, prior to the commencement of operations or policy termination, which certificates shall clearly indicate that the CITY is named as an additional insured and that the CONSULTANT has obtained insurance in the type, amount, and classification required for strict compliance with this Section and that no material change or cancellation of this insurance shall .be effective without thirty (30) days prior written notice to the CITY as provided in subsection H.. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his /her liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 INDEPENDENT CONTRACTOR The CONSULTANT acknowledges that he /she is entering into this Agreement as an independent contractor and that he /she shall therefore be responsible for the deposit and payment of any Federal Income Taxes, FICA, Unemployment Taxes or any similar fees or taxes that become due, and shall be responsible for the collection and payment of all. withholdings, contributions and payroll taxes relating to his /her services or those of his /her employees. The CITY shall not withhold from sums payable to the CONSULTANT, any amount whatsoever for Federal Income Taxes, FICA, Unemployment Insurance Taxes or any similar fees or taxes. The CONSULTANT will not be considered an employee of the CITY or entitled to participate in plans, distributions, arrangements, or other benefits extended to the CITY's employees. Nothing herein shall imply or shall be deemed to imply an agency relationship between the CITY and the CONSULTANT. 17 SECTION 19 NON - DISCRIMINATION It is understood that the CONSULTANT shall not discriminate against any employee in the performance of the contract with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or. indirectly related to employment because of age, marital status, race, color, religion, national origin, sex or physical handicap. SECTION 20 RELATIONSHIP OF PARTIES Officers, agents and employees of the CONSULTANT shall not be deemed to be employees of the CITY for any purpose whatsoever. SECTION 21 INDULGENCES Indulgences granted with regard to breach or failure.to perform under any provisions of this Agreement or amendments to this Agreement, either initial occurrence of any time thereafter, shall not constitute a waiver, of the rights of the CITY under this Agreement. SECTION 22 AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. SECTION 23 CODES, ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 24 ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alterations, changes, or modifications of the terms of this Agreement shall be valid unless made in writing and signed by both parties and incorporated as an Addendum hereto. SECTION 25 SEVERABILITY If any provisions of this Agreement are found to be void and unenforceable by a, court of competent jurisdiction, the remaining 18 provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to.the terms and conditions set forth herein. Authority of Resolution No. duly passed and adopted by the South Miami City Commission on . ATTEST: Ronetta Taylor, City Clerk ATTEST: CITY OF SOUTH MIAMI By: Charles D. Scurr, City Manager CONSULTANT: By: STATE OF FLORIDA j SS. Acknowledgment of City of South Miami COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of , 1999 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: 19 STATE OF FLORIDA ) SS. Acknowledgment of the Consultant COUNTY OF MIAMI DADS ) The foregoing instrument was acknowledged before me this day of ,2000, by of on behalf of the Corporation. He/she is personally known to me or has. produced (type of information), as identification. Notary Public, State of Florida Print Name: Commission No.: My Commission Expires: APPROVED AS TO FORM & CONTENT: Earl Gallop, Esq., City Attorney 20 Exhibit A City of South Miami Recreation Center Design Program August 2000 Mission: To improve the quality of life for the residents of the City of South Miami by providing increased athletic, recreational, cultural, and educational opportunities. The functions and the activities of the proposed Recreation Center are grouped in four major areas. Athletics Recreation/ Cultural Educational Administration Athletics: Goal: Increase the availability of the athletic programs, both indoor and outdoor, to the South Miami community Objectives: • Develop a full -sized gymnasium for basketball, volleyball, and other indoor court dependent activities. • Provide adequate support areas such as check -in, locker rooms, storage, and equipment check out for the indoor and outdoor athletic programs. • Provide adequate facilities for dance, martial arts, aerobics, and other low impact exercise programs. • Provide adequate facilities for supporting fitness/ wellness activities. • Reconfigure the outdoor field area to maximize the programming opportunities in conjunction with other available fields. Design Program: Indoor Athletics Area: Gymnasium: 10,000 SF This space will have a full size basketball court with appropriate flooring for athletic activities. Court should have six roll down backboards with two cross -courts to allow adult and youth play, fold -out bleachers for 500 spectators, outlets for sound equipment, microphones, scoreboard, and roll -down net partition between cross - courts. Storage: 2,500 SF This area is for storage of equipment for the gymnasium and the stage. This area will require shelving for small and large bulky items. The area will be designed to service both indoor and outdoor athletic areas. Fitness/ wellness Center: 2,500 SF Room is minimally equipped with mirrored walls, durable carpeting, and well - lighted ceilings. The primary space is allocated into three functional areas: a) 25% into various cardiovascular exercise machines, b) 50% into individual circuit training devices, and c) 25% into free weights. The center should also be equipped with an evaluation area for first aid treatment and health assessments area for fitness center participants. Dance/ Aerobics studio with storage: 1,150 SF Room must support a wide variety of programmed exercise groups that range from aerobics to martial arts, dance classes, cheerleading and other similar activities. Basic construction should include wood floor, mirrors on two wall, sound -poof walls and ceilings ( +/- 50 people). Provide basic cabinetry and shelves to store floor pads, costumes, steps and other equipment. Support areas: 1,000 SF Appropriate support facilities are to be incorporated into the program. These spaces support participants of the indoor and outdoor facilities. They provide changing space, showers, lockers, restrooms, security and access control for much of the complex. Design should maximize visitor safety and operational control of the whole complex. Outdoor Athletics Area: Athletic Fields: Practice fields, lights (utilize existing lights ?) Track: Yes, regulation size if it fits Fitness Trail: Yes Multipurpose Courts: Two courts. One for volleyball /tennis /basketball; other for basketball only (explore additional courts). Children's Play area: Yes Recreation/ Cultural and Educational: Goal: Increase opportunities to provide cultural, recreational and educational programs for the South Miami community. Objectives: • Develop different program areas for "wet" and "dry" activities. • Provide adequate support areas for After School House program. • Provide flexible spaces for diverse range of uses for now and for the future. 2 Design Program: Arts and Crafts/ Multipurpose Room: 1,000 SF The multipurpose room is designed to accommodate a wide range of "wet" activities that focus on photography, painting and crafts. Basic requirements include washable floors, perimeter wall shelving and cabinetry, adequate overhead lighting ventilation, work sinks, supplies storage area and a photography dark room ( +/- 10 people). Recreation Room: 450 SF Recreation room designed for children of ages 6 through late teens. Room should be carpeted and equipped with table games such as Ping -Pong tables etc. Multipurpose Room w/ Stage: 1800 SF This carpeted room is designed with movable seating for a variety of events ranging from lectures, plays, movies and community meetings. The room should have the capability to be subdivided into two spaces. Adequate sound and lighting system should be incorporated for the stage activities. Backstage spaces for changing rooms, equipment rooms, bathrooms and storage are to be incorporated as needed. Activity Rooms: 20) 450 SF each Each classroom is designed to support a range of "dry" type of recreational activities such as adult education, lectures, events, etc. Each room is carpeted, well lighted, has provisions for microphone, speakers and individual storage for chairs and tables. Room partitions should limit sound spillover, yet fold completely out of view when both rooms are used. After Schoolhouse Program: For the purpose of the Master Plan use the Phasel building as the After Schoolhouse facility. Senior Citizen's Activity Area: For the purpose of the Master Plan use the house across the park, presently used by the Park Department for recreational activities, for this function. Computer Room: 450 SF Each room is provided with adequate provisions for data and voice terminals for current and future needs. The rooms are to be furnished with appropriate furniture, anti - static carpet, and non - reflective lighting. Warming Kitchen: 150 SF Kitchen located near the activity rooms is primarily to support catered functions. Basic requirements to include generous counterspace, with numerous electrical outlets, commercial refrigerator, cabinetry, oven/range, and sink. Administrative: Goal: To centralize the Parks and Recreation staff to increase the ability of the department to provide more diverse programming for the South Miami community. 3 Objectives: • Provide centralized access control and visitor management. • Provide adequate support areas meeting areas, employee break room, restrooms, work area for centralized copying/collating, files, first -aid room, and storage. Design Program: Administrative offices: 1,000 SF Basic requirements include space for Parks and Recreation Director (250 SF), an Administrative Assistant (150 SF), Assistant Director (150 SF), Parks/ Landscaping Supervisor (100 SF), After Schoolhouse Program Director and Assistant work space (200 SF), four (4) work stations for program coordinators (150 SF). Conference / meetina room: 500 SF Conference room is designed to hold community groups and advisory board meetings. Basic requirements include soundproof walls, durable carpeting, adequate lighting and a room configuration suitable for a conference table. Common Work Space: 250 SF This space is designed for various Rec. Leaders, and other spaces for copying collating etc. Support Spaces: 750 SF Additional spaces for employee break room, restrooms, first -aid room and maintenance storage as required. Area Summary: Indoor Athletic area : 17,150 SF Recreation/ Education areas 4,300 SF plus After Schoolhouse and Senior Citizens Activity area. Administrative areas 2,500 SF Common spaces/ entrance 6 25% 6,000 SF Total : 29,950 SF (Not including After School House and Senior's Activity area.) Other issues / functions to be incorporated: Site access Master Plan Building access control Security (cameras with central monitoring area at the access control) Separate bathroom facilities for adults and children Snack/ juice bar, vending area Furniture layout and procurement Parking 4 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES AFFIDAVIT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by for (print name of the public entity) (print individual's name and title) (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 2.- I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g) Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or. contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. a predecessor or successor of a person convicted of a public entity crime; or b. an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws,of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUTN PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) Sworn to and subscribed before me this day of 14_. Notary Public, State of Florida My commission expires: Personally known OR Produced identification Type of identification N:,EGallop CSWFocmPpublic airy crimes aAidaviLdoc August 3, 2000 Mr. Subrata Basu, Assistant City Manager City of South Miami 6130 Sunset Dr. MCHARRYASSOCIATES South Miami, Florida 33143 Re: A/E Services Murray Park Community Center - Phase 2 Dear Mr. Basu: We are pleased to submit for consideration our BASIC SERVICE LUMP SUM fee for Architectural And Engineering Services for the development of phase 2 of the Murray Park Community Center. This fee proposal is based on the preliminary program information you have provided and the draft agreement. It includes all normal A/E Services associated with the development of design, construction documents, bidding and construction administration for the project. We have included a 'pre- design' phase as outlined to study the full build -out potential of the site (these elements exceed the currently available funds for construction. Then we include the basic fee to complete the design development, construction documents and construction administration of a project limited to the budgeted items only. We understand the construction budget to be $3.0 million. We have included all normal costs involved for BASIC SERVICES as defined in the standard form of Agreement. Not included are costs associated with off -site civil (roads /utility) improvements; site surveys; soil borings; printing; or services normally identified as Additional Services in AIA agreements. Breakdown of Estimated Hours and Fees by Phase (Basis for Lump Sum Fee) Pre - Design Hrs 460 246 Sub Totals Analysis (see Schematic Design Contract 1 Construction Bid I Neg & Proj Mgmt detailed Design Developm't Documents Period $59,148 breakdown) $55,951 $191,596 Architectural Hrs 460 246 326 921 74 861 2,888 & Proj Mgmt Fee $31,736 $15,986 $23,979 $59,148 $4,796 $55,951 $191,596 Structural Hrs 0 28 54 172 10 100 363 Engineering Fee $0 1 $2,396 $3,593 1 $11,259 1 $718 1 $5,5-9-011 $23,956 Mechanical Hrs 80 59 88 281 15 170 692 Electrical Fee $5,920 $4,025 $6,037 $18,916 $1,207 $10,D62 $46,167 Landscape Hrs 80 I 16 23 80 5 38 241 Archtiecture Fee $5,920 1 $1,147 $1,723 1 $5,398 $344 $2, 1 $17,402 Site Civil Hrs 160 50 1 64 1 254 13 84 F7725 Engineering Fee $11,840 1 1 $5,168 1 $16,197 1 $1,033 $8,613 $46,295 Detailed Hrs 40 24 85 65 0 0 214 Cost Estimator Fee $3,000 $1,848 $6,460 $4,810 $0 $0 $16,118 Fee Split by Phase: 17.10% 8.45% 13.75% 33.88% 2.37% 24.44% 100.00% Sub -Total Fee $$ $ 58,416 $ 28,846 $ 46,960 $ 115,728 $ 8,098 $ 83,486 $ 341,534 James W. Piersol I Total Lump Sum Fee = $ 341,534 x s f G to C " 40 m N N N -T ° 1.. m '� a N ^ N M LO N N O N w 1-D tp w W O! L N N r _ ^ M tD ' yNl 00 N O N « r R E p N w ° w c0 O O ro N N .-." = O lf7 N 1? N N O N N `7 .0 O O p N •2 w N w ^fA N r w w h m y MN M N In N m b a W u N N N N d tO t 'C to O V n K N J w w w w ° N N 10 v N O H N N N w w V n N O h t0 7 N N a0 a O D V N w w N w ^ C w w w N N N w i O tD O M O p O to �0 = N N to CI O N O O y M cLn'7 O O O b M 10 0 0 0 0 0 tV O O fD ^ w V w w �? N w' 7 ^ O o a0 ^ U N( w .9 ' N I. I. Cf O M O O O M co w O t•7 0 0 M w - N R tD fD a} y O w M M N w w h NN to N N• tD Y w i°'9 °. O N N w N N N N fi MCHARRYASSOCIATES August 3, 2000 Memo Re: A/E Services Murray Park Community Center - Phase 2 Pre - Design Services Description Provide Pre - Design Services as described in the A/E Agreement, resulting in a Master Plan showing the total long -term development plan of the Murray Park Facilities Hrly rate Pre - Design Analysis Compile and Review data: Space Program Program for Field Commumity Issues Validate Project Budges Validate Project Schedule Meeting w City to review above Using Agency Workshop - Scope Two Public Hearings Develop Master Plan for Total Site Present to Cultural & Rec Advisory Bc Present to City Commissior Prepare Repor Prepare Cost Estimate Total Hrs "rin. PM /PA I Draft S 110 $ 74 1 S 48 Engineering & Landscape Structural M.E.P. Civil Landscape S 74 S 74 S 74 S 74 4 8 8 16 8 4 4 8 4 8 8 24 24 4 80 80 80 160 80 4 8 8 8 4 80 40 4 24 401 2761 144 1 801 1601 8Q 5 4,400 $ 20,424 5 6,912 5 - 5 b,U2(J 5 11,tAU 5 b,92U 460 mcharry S 31.736T--- 1,736 320 Engineering S 23,680 54% 41% Detailed Cost Estimator (concept only) $3,000 Total Fee S 58,416 Total Man -hours 820 Acceptance date 7 Phase Task Target Date Contract Award 09115100 Pre - Design 7 working weeks ntp estimate 9/15/00 Organize Kick off meeting w. Staff 7 days 09/22/00 Pre - Design 49 days 11110/00 Owner Review and Comment 28 days 12/08/00 Total Pre - Design Phase: 84 Schematic Design 8 working weeks ntp estimate 1219100 Organize Kick off meeting w. Staff 7 days 12/16/00 Schematic Design 56 days 02/10/01 Owner Review and Comment 28 days 03/10/01 Total Schematic Design Phase: 91 Design Development 6 working weeks ntp estimate 3111101 Organize and Start 7 days 03/18/01 Design Development 42 days 04/29/01 Owner Review and Comment 28 days 05/27/01 Total Design Development Phase: 77 Construction Documents 10 working weeks ntp estimate 5/28/01 Complete75% complete documents 42 days 07/09/01 Owner Review and Comment (concurrent) 0 days 07/09/01 Submit Final Const. Documents 21 days 07/30/01 Owner Review and Comment 28 days 08/27/01 Final Revisions 7 days 09/03/01 Total Contract Documents Phase: 98 Total Time - Design / CD's = 38 Weeks Bid and Award I start bidding 914101 Bid period / Bid Due 45 days 10/19101 bids due Award Period 30 days 11/18/01 Total Bid /Award Phase: 75 days Construction Administration 9 months construction time award contract 11118/01 Prepare & Issue Construction NTP 30 days 12/18/01 Construction Period 270 days 09/14/02 Punch List and Close out 30 days 10/14/02 Total Construction Phase: 330 Total Project Development Time = 22 months 1 �0U�^�j w � U "* INCORPORATED 1927 •� R Q E.xcellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor & City Commission From: Charles Scurr fa 4 Date: September 5, 2000 Re: Agenda Item: Resolution Opposing the October 3, 2000 Miami -Dade County Charter Change Limiting the Rights and Responsibilities of New Cities The attached resolution is sponsored by Commissioner Russell. 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PROPOSED 7 MIAMI -DADE COUNTY CHARTER CHANGE QUESTION ON TIIE 8 OCTOBER 3, 2000 BALLOT RESTRICTING TIIE RIGHTS OF NEW 9 MUNICIPALITIES; URGING CITIZENS TO CAREFULLY REVIEW 10 THIS CHARTER CIIANGE AND TO VOTE NO THEREBY 11 REJECTING TIIE CHARTER CIIANGE; PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, there have been numerous requests for incorporation from local 16 unincorporated areas of Miami -Dade County; and 17 18 19 WHEREAS, a number of these citizen groups are seeking to establish new 20 municipalities as the best means of providing local governance to their areas; and 21 22 23 WHEREAS, Miami -Dade County is, through a proposed Charter Change on the 24 October 3, 2000 Ballot, attempting to place restrictions on the ability of newly created 25 cities to amend their Charters without an extraordinary vote of the Miami -Dade County 26 Commission and; 27 28 29 WHEREAS, this Charter restriction on the power of any City, new or established, 30 is considered to be an inappropriate intrusion into the rights and responsibilities of a 31 municipality. 32 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY TIIE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 Section 1. All citizens are encouraged to carefully study and review this 39 proposed Miami -Dade County Charter Change. 40 41 Section 2. All registered voters are recommended to vote "No" on this Charter 42 Amendment thereby rejecting the limitation on the rights and responsibilities of new 43 municipalities. Additions shown by underlining and deletions shown by e ���,stH4,Hrb• = 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 1.6 17 18 19 20 21 22 23 24 25 26 Section 3. This ordinance shall take effect immediately. PASSED AND ADOPTED this day of ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by evers*r „—. 07/14/00 FRI 14:01 FAX 505 575 2484 TO: Hon. Chairperson and Members Board of County Commissioners FROM: Robert A. Ginsburg County Attorney CLERK OF BOARD MEMORANDUM X1005 Substitute Agenda Item No. 9 (A) (9 DATE: July 6, 2000 SUBJECT: Resolution calling special election to amend Home Rule Charter regarding locking in municipal language The accompanying resolution was prepared and placed on the agenda at the request Of Commissioner Dennis C. Moss. RAG/bw 1 d' 07/14/00 FRI 14:00 FAX 305 375 2484 CLERK OF BOARD [a 001 Approved Mayor Substitute r�r,h,; ;;: +• Veto Agenda. Item No. 9(A)(9) Override 7 -6 -00 RESOLUTION NO. R- 746-00 RESOLUTION CALLING SPECIAL ELECTION IN MIAMI - DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, OCTOBER 3, 2000, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI -DADS COUNTY THE QUESTION OF WHETHER THE MIAMI -DADE COUNTY HOME RULE CHARTER SHOULD BE AMENDED TO PROVIDE THAT WITH REGARD TO MUNICIPALITIES CREATED AFTER SEPTEMBER 1, 2000, THE PRE - AGREED CONDITIONS BETWEEN THE COUNTY AND THE PROSPECTIVE MUNICIPALITY WHICH ARE INCLUDED IN THE MUNICIPAL CHARTER CAN ONLY BE CHANGED IF APPROVED BY A TWO- THIRDS (2/3) VOTE OF THE COUNTY COMMISSIONERS THEN IN OFFICE, PRIOR TO A VOTE OF QUALIFIED MUNICIPAL ELECTORS WHEREAS, on June 20, 2000, this Board passed Resolution 651 -00 entitled "RESOLUTION CALLING SPECIAL ELECTION IN MIAMI -DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, OCTOBER 3, 2000, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI -DADE COUNTY THE QUESTION OF WHETHER THE MIAMI -DADE COUNTY HOME RULE CHARTER SHOULD BE AMENDED TO PROVIDE THAT WITH REGARD TO MUNICIPALITIES CREATED AFTER SEPTEMBER 1, 2000, THE PRE - AGREED CONDITIONS BETWEEN THE COUNTY AND THE PROSPECTIVE MUNICIPALITY WHICH ARE INCLUDED IN THE MUNICIPAL CHARTER CAN ONLY BE CHANGED IF APPROVED BY THE COUNTY COMMISSION PRIOR TO A VOTE OF QUALIFIED MUNICIPAL ELECTORS;" and WHEREAS, this Board desires to amend said resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF NE AMI -DADE COUNTY, FLORIDA, that: rmoss 07/14/00 FRI 14:01 FAX 005 575 2484 CLERK OF BOARD Suustitute Agenda Item No. 9(A)(9) Page No. 2 Section 1. A county -wide special election is hereby called and shall be held in Miami -Dade County, Florida, on Tuesday, October 3, 2000, for the purpose of submitting to the qualified electors of Miami -Dade County, a proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof. Section 2. Notice of such special election shall be published in accordance with Section 100.342, Florida Statutes 1999. Section 3. The result of such special election shall be determined by a majority of the qualified electors of Miami -Dade County voting upon the proposal. The polls at such special election shall be open from 7:00 a.m. until 7:00 p.m: on the day of such special election. All qualified electors of Miami -Dade County, Florida, shall be entitled to vote at said special election. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until twenty -nine (29) days prior to the date of such special election, at which time the registration books will close in accordance with the provisions of the general election laws. Votomatics shall be used in such special election, and the question shall appear on the votomatic in substantially the following form: LIMITATIONS ON CHARTER POWERS OF NEW MUNICIPALITIES Shall the Miami -Dade County Home Rule Charter be amended to provide that with regard to municipalities created after September 1, 2000, the pre - agreed conditions between the County and the municipality which are included in the municipal charter can only be changed if approved by a two-thirds* (213) vote of the County Commissioners then in office, prior to a vote of qualified municipal electors? Yes 0 No 0 rcu/3s: j [a 002 07/14/00 FRI 14:01 FAX 305 975 2484 CLERK OF BOARD Substitute Agenda Item No. 9(A)(9) Page No. 3 Section 4. Such question shall appear on the votomatic ballot as a separate .question or proposal. Those qualified electors desiring to adopt or approve such proposal shall be instructed to punch out the black dot on the ballot card immediately opposite the number on the ballot page designated "YES." Those qualified electors desiring to reject or disapprove the proposal shall be instructed to punch out the black dot on the ballot card immediately opposite the number on the ballot page designated "NO." Section 5. Absentee paper ballots may be used by qualified electors of Miami -Dade County for voting on this proposal at said special election. The form of such absentee ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question or proposal hereinabove set forth, with proper place for voting either "YES" or "NO" following the statement of the question or proposal aforesaid. Section 6. A sample ballot showing the manner in which the question or proposal aforesaid will appear on the votomatic at this special election shall be published and provided in accordance with the applicable provisions of the general election laws. Section 7. This special election on the proposal aforesaid shall be held and conducted in accordance with the applicable provisions of the general laws relating to special elections and the provisions. of the Miami -Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish ,the provisions of this resolution. This special election shall be a nonpartisan election. Election Inspection Boards, inspectors and clerks to serve as election officials in connection with this special election shall be appointed in accordance with the provisions of the general election laws. Section 8. This special election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 2.07 of the Home Rule Charter. mss �J Q003 07/14/00 FRI 14:01 FAX 305 375 2484 CLERK OF BOARD Suristitute Agenda Item No. 9(A)(9) Page No. 4 The foregoing resolution was sponsored by Commissioner Dennis C. Moss, and offered by Commissioner Dennis C. Moss who moved its adoption. The motion was seconded by Commissioner Gwen, Margolis , and upon,being put to a vote, the vote was as follows: Dr. Miriam Alonso absent Bruno A. Barreiro aye Dr. Barbara M. Carey - Shuler aye Miguel Diaz de la Portilla aye Betty T. Ferguson absent Gwen Margolis aye Natacha Seijas Millen absent Jimmy L. Morales nay Dennis C. Moss aye Pedro Reboredo absent Dorrin D. Rolle a Katy Sorenson aye Javier D. Souto aye The Chairperson thereupon declared the resolution duly passed and adopted this 6th day of July, 2000. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this :.. . *of j.....!. ti :? OS 17 COUNTY .• Approved by County Attorney as to form and legal sufficiency. 4, N rcuns: MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: SULLITAIN Deputy Clerk (21 004 07/14/00 FRI 14:02 FAX 305 375 2484 CLERK OF BOARD Q006 MEMORANDUM T0: Hon Chairperson and Members Board of County Commissioners DATE: July s , 2000 Substitute SUBJECT: Agenda Item No. 9(A)(9) FROM: Robert A Ginsburg County Auomey Please note arty item checked, "4'Day RWe" (Appbcable if raised) 6 weeks re9W first re I&S and public hearing uses revemms or increasm OTanditures without balancing budget Budget required Statement of fiscal i npact required Statement ofprivate business sector finpact regWre rl Bid waiver requiring CountyManagees written recornmendation Ordinance creating a new board requirm a detailed Co., Manager`s report for public hearing unWsd„ provision mquired Legislative findings necessary -5 07/14/00 FRI 14:02 FAX 905 975 2484 CLERK OF BOARD ARTICLE - 5 MUNICIPALITIES SECTION 5.05 CREATION OF NEW MUNICIPALITIES. I The Board of County Commissioners and only the Board may authorize the creation of new municipalities in the unincorporated areas of the county after hearing the recommendations of the Planning Advisory Board, after a public hearing, and after an afFumative vote of a majority of the electors voting and residing within the proposed boundaries. The Board of County Commissioners shall appoint a charter commission, consisting of five electors residing within the proposed boundaries, who shall propose a charter to be submitted to the electors in the manner provided in Section 5.03. The new municipality shall have all the powers and rights granted to or not withheld from municipalities by this Charter and the Constitution and general laws of the State of Florida. »Notwithstanding My provision of this Charter to the contrary, with -regard to any municipalit3► created after September 1, 2000, the pre- agreed conditions between the County and the prospective municipality which are included in the municipal charter can only be changed if approved by an affirmative vote of two- thirds (2/3) of the members of the Board of County Commissioners then in office, prior to a vote of qualified municipal electors.<< ' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. rad3as "'7 2007 HLJG -02 -2000 13:28 U i I Y Uf- bub I H M 1 HM 1 bZU1J METROPOLITAN DADE COUNTY, FLORIDA August 2, 2000 Honorable Mayor Julio Robaina City of s oath Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Rob aina: PO4-W Fax Note 7671 _r C -Ss C r r. we i STEPHEN P. CLARK CENTER OMM OF COUNTY MANAGER SUITE 2910 111 N.W. 1s1 STREET MIAMI. FLORIDA 331291994 MS) J73.6311 I was surprised and dig ! on July 6, 2000 o disappointed to receive the resolution passed by the Dade League of Cities pposTS the County's proposed amendment to the Miami -Dade County Home Rule Charter regarding pre-negotiated terms and conditions with prospective resolution passed by the League is incredibly misleading and more likely an not was dratted hto misinform or mislead. The resolution states that the County "is attempting to restrict the citizen's ability to Organize determine this governance structure with unreasonable standards, conditions and restrictions.,, and also references what the Let's Incorporate Now Committee IN ly describe as "2°4 class status" cities. I have attached the County'sLresoluti n and specl5e b ]oi langusge to be presented to the voters on October 3, 2000. I urge you to read it. Let me explain what the County is doing with regard to incorporation and why this proposed Charter amendment is being submitted to the voters. As you know, the County has been struggling to develop a process to allow for the orderly, rather than peaccmeal incorporation of areas of the Unincorporated Municipal Service Area (LIMSA) in a way that does not adversely impact the remaining residents of UMSA, as well as our existing cities. For years LILAC members and other incorporation advocates have stated that a countywide revenue sharing program where alI cities share their revenue with lower value areas in UMSA was the answer to County concerns regarding the adverse fiscal impact on the remaining UMSA taxpayers as high value arras incorporate. While such an approach to address fiscal disparity would; to some, be the :ideal solution, it is practically and politically naive and certainly not a Proposal that existing cities, or their - voters would support. Recognizing reality, what the County has done is develop a set of recommendations that will allow incorporation to proceed without impacting existing cities. Recently we successfully negotiated a conceptual: agreement with the Miami Lakes Municipal Advisory Committee on conditions for the incorporation of Miami Lakes. These conditions favorably address County concerns over unmanaged incorporation and potentially degraded services or significantly higbe> taxes for remaining UMSA residents. It allows a high value area to incorporate and enhance local services, and avoids attempts to tax exisdw cities over the incorporation issue. AUG -02 -2000 13:28 U 1 IY Uh- 5UU I M M t HM I b4t- 1 r. w Ttm:agreement beingmegotiated with the aru Lakes Advisory C pay � that Mami Lakes wil �mte� generally provides C's n Rescue Ds Lib S y m, So lid Waste ce A receive and Committee has agreed to matte a payment � directly for specialized police services. The fiscal impact of the into UMSA budget to Lart`gx offset fire adverse rporatiou of Miami Lakes on the remai Lakes will contract for local police service � UMSA. Finally, Miami County's high�eo based on the cities desired service level and the conditions are mpe tot cost {direct service plus an eight percent overhead e agreeable whatsoever. rakes Committee and the County and do of �t existing cities in as y Other areas have formed Municipal Advisory Coxnmittc by'the County Commission. LINO �, Some of which have been approved County have agreed to. To members have vocally objected to what Miami Lakes and the into orati ensure that parties honor agreements negotiated rp on, Home Rule Charter language will � pzesented � the voters that Prior to Fames --•the future city: and the Coup requires both stn we are ensurin : that one to th� amen changes to the Prior agreement SAY without the - consent of the other. liar is alI this can't �aterall clan a the cement else has suggested otherwise, the Charter `eadment does. If LINC or anyone Y ate not being honest LINO is now asking th4t voters oppose this charter lam last League meeting. I:RgC members also gunge and committees their positions at the terms with the County.: y� serve on Advisory committees desiring to negotiate bad faith before we even dowel to talk. individuals are telegraphing their intent to bargain in of Cities would s find it hard to believe that the �ami_Dade League upport:this position if they of the facts. please Icam more on this issue quickly. It is not in the best interest of Miami -Dade cities to they know all of the facts. support the LILAC position once I encourage each of you: to contact me, m appointed municipal liai30n, Caesar me, y BXecutive Assistant George Burgess or -ray recently It is complicated and not as simple as Some would have Y liVe� p S the issue. Charter Amendment carefully, it only requires that people honor their proposed incorporation of UMSA does not become a municipal issue or burden, and further, it is a vial agreements. It ensures the way to break the incorporation logjam, e theFe to be able to speak before the Miami_Dade League of Cities and Urge recd ague's position onthis matter. Instead, we would hope for Your g reconsideration of incorpor 011= reIated Home Rule Charter Amendment SUAM on the proposed Merrett R Stierheim County Manager Attachment cc: Honorable Al= Peuclas, Mayor Honorable Chairperson and Members Board of County Commissioners Charles Scurr, City;Manager TOTAL P.03 = CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: 09 -01 -2000 From: Charles D. Scurr City Manager REQUEST: Agenda Item # z Re: Comm. Mtg. 09/05/00 Lease Purchase of Holiday Decoration for the downtown area A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED AN ANNUAL PAYMENT OF THIRTY -ONE THOUSAND FOUR HUNDRED SEVENTY FOUR DOLLARS FOR A THREE YEAR LEASE PURCHASE OF CERTAIN HOLIDAY DECORATIONS FOR THE DOWNTOWN AREA AND AUTHORIZE DISBURSEMENT FROM ACCOUNT NUMBER 01- 2100 -519 -8310, ENTITLED NON - DEPARTMENTAL ACCOUNT -SEED MONEY AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: This request is part of the continuing effort by the City to help promote the downtown. The holiday season is the most important period for the retail business. It is important that the City participates and contributes to help promote and create a holiday spirit that benefits the whole City. The proposed decorations will include tree lighting on both sides of Sunset Drive, except for the frontage along Sunset Place; two 18 feet high tower trees with lights and decorations at two ends of Sunset Drive; two sets of skylines across Sunset Drive and decorations and bows on 7 decorative lamps on Dorn Avenue. The annual payment of $31,474 for the lease purchase is based on a three -year lease and will include delivery, set up, maintenance during the season, take down and storage. The recommended vendor has existing contracts with the Miami Dade County General Services Department (PO# ABCW 0000358) and the City of Coal Gables (PO# 54603) for holiday decorations. The purchase will be charged to account number 01- 2100 -519 -8310; Non Departmental Account seed money. The available balance on the account is $41,000. RECOMMENDATION: Approval. Attachments: Proposed Resolution Price Quote from TrueGreen Interior PlantCare 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED AN ANNUAL PAYMENT OF THIRTY -ONE THOUSAND FOUR HUNDRED SEVENTY FOUR DOLLARS FOR A THREE YEAR LEASE PURCHASE OF CERTAIN HOLIDAY DECORATIONS FOR THE DOWNTOWN AREA AND AUTHORIZE DISBURSEMENT FROM ACCOUNT NUMBER 01- 2100 -519 -8310, ENTITLED NON - DEPARTMENTAL ACCOUNT -SEED MONEY AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for purchase in excess of $5,000, requires City Commission approval, and, WHEREAS, the City Commission desires to participate in the holiday decoration of the downtown area, and, WHEREAS, the City Commission recognizes that promoting the downtown area benefits the City as a whole, and, WHEREAS, the recommended vendor TruGreen Interior P1antCare has existing contracts with the Miami Dade County General Services Department (PO# ABCW 0000358) and the City of Coal Gables (PO# 54603) for holiday decorations, and, WHEREAS, the City Commission wishes to promote the holiday spirit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration is authorized to disburse a sum not to exceed $31,474 to the firm of TruGreen Interior PlantCare for the yearly payment for a three year lease purchase agreement of certain holiday decoration, proposal attached. Section 2. The disbursement shall be charge to account Number 01 -2100 -519 -8310, entitled "Non - Departmental- Seed money ". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5 "' day of September, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY k\comm itcros120=09 -05 -00 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice -Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: TRuGREEN TYuGreen Interior P1antCare 13901 S.W. 142 Ave. .. * Mami, FL 33186 interior Plan,qre V 305 -253 -3939 lolly of South Miami Fax: 305-235-1902 J 8/31/2000 Tree Lighting South side of Sunset to include 8 Royal Palms wrapped with miniature white lights (trunks { wrapped starting at 8' from ground, fronds to be lit), 10 Black Olives on South Side of Sunset to have foliage lit with clear twinkle C -7 fights and 15 medium to small trees with clear miniature lights. On the North Side of Sunset to include 2 Mahogany trees and 4 Black Olives to have foliage lit with clear twinkle C -7 lights, 3 single ado palms, 6 double ado palms and 5 small trees with clear miniature lights. Total Lease Price $ 19,224.00 V 44U 2 —18' Tower Trees with clear C -7 lights, decorations, ribbon and bows. One on corner of US1 and Sunset, one on corner of Red Road and Sunset / Total Lease Price $ 8,800.00 Y 9D 2 — 14' Tower Trees with clear C -7 lights, decorations, ribbon and bows. One on corner of US1 and Sunset, one on corner of Red Road and Sunset ^;C to. 14 — 24" Sprays with decorations and bows — to go on 7 small decorative lamp posts on 59h Avenue. Total Lease Price $ 1,050.00 V 1— Rooftop Display (approximate size 8' wide, 12' long, 14' high) to include 6 large gift boxes with bows, 3 large toy props, 2 Christmas Trees (1-10'& 1 -12') with white lights and bows. Display will be uplit with spot lights. (to be placed where city would like) Va 2 — Skylines (as pictured) to go on existing City banner poles. Total Lease Price $ 2,400.00 ✓ 1 -17' Trce of Lights (to be placed on rooftop where city would like) Prices are yearly lease prices for 3 years 2000, 2001, 2002 All lease prices include delivery, set up, maintenance during season and take down. Please include any applicable sales tax. Any theft or damage incurred will be charged to customer Lighting outages that we have no control over i.e. vandalism, theft, severe weather, electrical surges or unpruned palm fronds will be charged to the customer. If lights are not working properly, we will make every effort to repair them within 72 hours upon notice of the problem. Electrical requirements for lighting and trees as proposed, must be met 10 days prior to installation date. TruGreen Interior Plantcare will repair, at no charge, any outages that may occur from improper installation or normal usage. ,\ �Y) ON CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/1/00 AGENDA ITEM #3 6_ FROM: Charles D. Scurr Comm. Mtg. 9/1100 City Manager Rights -Of -way THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND METROMEDIA FIBER NETWORK SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached ordinance on for first reading approves a license agreement between the City and Metromedia Fiber Network Services, Inc. to install, operate and maintain telecommunications systems in the municipal right-of- way. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS - 5 OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE 6 CITY AND METROMEDIA FIBER NETWORK SERVICES, INC. TO 7 INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS 8 SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 10 DATE. 11 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami owns 15 and operates rights -of -way in which telecommunications companies desire to install, 16 operate and maintain telecommunications systems; and, 17 18 WHEREAS, within the last few years the United States Congress and the Florida 19 Legislature enacted sweeping telecommunications reform legislation to promote the 20 development of national and international telecommunications systems; and, 21 22 WHEREAS, the Federal Telecommunications Act of 1996, 47 U.S.C. §253(c), 23 preserves the power of the City to manage the use of its rights -of -way by 24 telecommunications companies on a competitively neutral and nondiscriminatory basis; 25 and, 26 27 WHEREAS, the Mayor and City Commission enacted Ordinance no. 5 -99 -1679 28 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunications 29 companies; and, 30 31 WHEREAS, the City received a completed application by Metromedia Fiber 32 Network Services, Inc. to install, operate and maintain a telecommunications system in 33 the City's rights -of -way, the City Manager recommends approval of the application on 34 the bases that the applicant satisfies the technical, legal and financial qualification 35 requirements, and the City Attorney recommends approval of the attached standard 36 license agreement. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1. The License Agreement Between The City of South Miami, Florida 42 and Metromedia Fiber Network Services, Inc., which is annexed to this ordinance as Additions shown by underlinine and deletions shown by evef *mss 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 App. 1, is approved and the City Manager is authorized to execute and deliver the agreement on behalf of the City. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of September, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 11 Dc11_61000ocumentslCity of South Miami10022- 00116457.doc APPROVED: MAYOR 1" Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by evefstfiking. LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND METROMEDIA FIBER NETWORK SERVICES, INC. THIS LICENSE AGREEMENT is entered into this day of , 2000, by and between: CITY OF SOUTH MIAMI, FLORIDA a Florida municipal corporation, 6130 Sunset Drive South Miami, Florida 33143 and METROMEDIA FIBER NETWORK SERVICES, INC., One North Lexington Avenue White Plains, New York 10601 IN CONSIDERATION of the sum of $10.00 paid to the City, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Definitions. 1.01 The words and phrases used in this Agreement shall have the meanings given in this section. Words not defined in this section shall be defined in the following order: sec. 13.71 of the Code of Ordinances of the City of South Miami; the Communications Act of 1934, 47 U.S.C. § 521, et seq., and the Telecommunications Act of 1996, as amended; and the Florida Statutes; and, if not defined there, the words shall be given their common and ordinary meaning. 1.02 "Customer" shall mean any person who is provided services of any kind by Licensee, directly or indirectly. For the purpose of provision of services between different locations of the same customer, the term "customer" shall include any person controlling, controlled by or under common control with such customer. 1.03 "Effective Date" shall mean the date on which this Agreement is executed by both City and Licensee. 1.04 `License Area" shall mean that area in which Licensee is authorized to transact as a local business as described in sec. 2.4 1.05 "Licensee" shall mean Metromedia Fiber Network Services, Inc. 1.06 `License Year" shall be the fiscal year from October 1st through September 30th provided that the first License Year shall begin on the effective date of this Agreement and end as provided in Sec. 2.3 of this Agreement. Page 1 of 12 1.07 "Local Service Revenues" shall mean all revenues received by Licensee from its customers for providing the local transport of voice, data and video signals as provided in this Agreement, including but not limited to, those revenues derived from telecommunication services listed in subsec. (2)(a), sec. 203.012, Fla. Stat., as it may be amended. For purposes of this Agreement, "Local Service Revenues" do not include those revenues derived from telecommunications services listed in subsec. (2)(b) of sec. 203.012, Fla. Stat., as it may be amended. Section 2. Nonexclusive License. 2.01 Permission; License. The City hereby grants Licensee permission to erect, construct, install, operate, repair, maintain, expand and use the telecommunications system in, on, over, under and, or, across the municipal rights -of -way. 2.02 Nonexclusive; Priority. The license granted to Licensee is nonexclusive. This License does not establish any priority for the use of the municipal rights -of -way by Licensee or by any present or future franchisee or other permit holders. 2.03 Use of municipal rights -of -way. The use of municipal rights -of -way by the Licensee shall not in any way interfere with the public's access to and use of the rights -of -way. Section 3. Term of License. 3.01 This Agreement is effective upon execution by both parties for an initial term of five (5) years unless earlier terminated or partially terminated as provided below: (a) Upon this Agreement being terminated by operation of law; or (b) Upon the City's enactment of an ordinance consistent with Section 337.401, Florida Statutes, as amended by Section 50 of Ch. 2000 -260, Laws of Fla. ("Section 50 "), in which event Licensee shall have one hundred twenty (120) days to register in accordance with the lawful registration provisions of the City's ordinance as required at the time of the termination. Following such termination of this Agreement, Licensee shall be entitled to continue to use the rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (c) On September 30, 2001, if the provisions of Section 337.401, Florida Statutes, in effect on that date continue to limit local governments to a registration procedure as opposed to an agreement or franchise for access to their rights -of -way, Licensee shall have one hundred twenty (120) days to register in accordance with said section and the provisions of this Agreement shall terminate, except for the rights and obligations of this paragraph which shall survive a termination. Licensee shall be entitled to continue to use the City's rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or Page 2 of 12 (d) If this Agreement is not terminated pursuant to (a), (b) or (c) above, or otherwise, then at such time as Section 202.24(2)(a), Florida Statutes, as enacted by Ch. 2000- 260, Laws of Fla. or Section 337.401, Florida Statutes, as amended by Section 51 of Ch. 2000 -260, Laws of Fla., or other similar statutory provisions become effective prohibiting a local government from requiring the payment of fees or taxes now required under Sections 4 and 5 of this Agreement, then Sections 4 and 5 shall no longer be effective. 3.02 This Agreement shall be renewed automatically for five five -year renewal periods unless either party delivers written notice to the other party of its election not to renew the next term at least six months prior to the expiration of the current term. Section 4. License Payments. 4.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a licensee fee equal to one percent (1 %) of its gross receipts on recurring local service revenues derived during each quarter from service provided within the corporate limits of the City by Licensee. The license fee includes all taxes, licenses, fees and other impositions by the City for the privilege of using the City's rights -of -way, but does not include the city application fee and building permit fees, nor taxes, licenses, fees and other impositions by other units of government. 4.02 The license fee charged by the City for the use of its rights -of -way is nondiscriminatory and competitively neutral. It is no greater, and no less, than the fee the City will charge any other telecommunications provider. 4.03 Payments of the license fee shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarter, together with a sworn statement truthfully stating the amount of the license fee paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 5. Payment of Excise Tax. 5.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a public utilities tax as provided in sec. 166.231, Fla. Stat., as it may be amended, equal to ten percent (10 %) of the monthly recurring customer service charges, excluding public telephone charges collected on site, access charges, and any customer access line charges paid to Licensee. Page 3 of 12 5.02 Payments of the excise tax shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarterly period, together with a sworn statement truthfully stating the amount of the excise tax paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 6. Changes in the Laws Regulating Fees. 6.01 The license fee or excise tax charged by this Agreement is the maximum amount that is allowed by law. In the event that the law, which is sec. 166.231 and sec. 337.401, Fla. Stat., is amended to authorize the City to charge a greater amount, this Agreement shall be amended by operation of the law to increase the excise tax or license fee on the effective date of, or as otherwise provided by, the law. 6.02 Similarly, in the event the maximum license fee or excise tax charged by this Agreement is decreased by amendment to the law, this Agreement shall be amended by operation of the law to decrease the excise tax or license fee on the effective date of, or as otherwise provided by, the law. Section 7. Duties and Responsibilities of Licensee. 7.01 No construction or installation of the system, or any part of it, shall be commenced until the required permits have been issued by the proper departments of the City. As a condition to the issuance of permits, the City may impose such reasonable requirements as are required for compliance with this Agreement and may also impose such reasonable conditions and regulations as are necessary for the purpose of protecting any structures or other telecommunication systems within the public right -of -way. The City shall assist the Licensee in obtaining all required local permits and authorizations in an expeditious and timely manner. 7.02 The Licensee shall at all times comply with the requirements of article X. sec. 13 -69, et seq. of the city code. Licensee shall construct, install, operate and maintain the telecommunications system in a manner consistent with all other federal, State and local laws, ordinances, construction standards, FCC technical standards and rules and regulations, and all other applicable governmental requirements, including, but not limited to the standards of the Occupational Safety and Health Administration and the National Electrical Safety Code. Section S. Termination. 8.01 In the event that any use, certificate, permit or approval issued to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority or court of competent jurisdiction so that Licensee is unable to provide telecommunication services, Licensee shall have the right to immediately terminate this Agreement by giving written notice of termination to the City. Upon termination of the Agreement pursuant to this section, the Page 4 of 12 Licensee shall pay the City all license fee and excise taxes due and owing for the final quarter of operation. 8.02 Licensee shall have the right to terminate this Agreement for convenience provided that it gives the City one year prior notice of termination and pays to the City all license fee and excise taxes due and owing for the final year of operation. 8.03 In the event of a default by Licensee under any of the terms of this Agreement, the City may terminate this Agreement by giving a 90 -day written notice to Licensee; however, Licensee may correct any default within 45 days of receipt of written notice. This Agreement shall not terminate if the default is of a nature that it cannot be cured in 45 days and Licensee diligently proceeds to cure the default. Section 9. Indemnification. 9.01 Licensee agrees to indemnify, save and hold harmless and defend the City, its commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the municipal rights -of -way by Licensee or its officers, agents, employees or independent contractors under this Agreement, or the breach of this Agreement by Licensee. Licensee shall pay all claims, losses, liens, fines, penalties, settlements or judgments, of any nature whatsoever, in connection therewith, including, but not limited to, attorney's fees, paralegal fees, expert witness fees, consultant fees, investigative costs, and costs to defend all claims or suits, including attorney's fees on appeal in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon at both the trial and appellate levels. The indemnification shall not be limited to the amount of comprehensive general liability insurance which Licensee is required to obtain under this Agreement. This indemnify shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. Section 10. Insurance. 10.01 Licensee shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance has been approved by the Risk Manager of the City nor shall the Licensee allow any contractor or subcontractor to commence work on the municipal rights -of -way until all similar insurance required of any contractor or subcontractor has been obtained and approved. 10.02 Certificates of insurance shall be filed with the Risk Manager prior to the commencement of the work. The Certificates shall name the City as an additional insured and shall contain a provision that coverages afforded under the policies will not be canceled until 30- days prior written notice has been given to the City. In the event insurance coverage is canceled or not renewed by an insurer, Licensee shall provide a replacement certificate of insurance within 30 days of cancellation or non - renewal as proof that equal and like coverage is in effect. Page 5 of 12 10.03 Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurers shall have financial ratings of no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide ", published by A.M. Best Guide. The insurance coverage required by this Agreement may be provided in part by excess or umbrella coverage. 10.04 Insurance required for the construction of the facilities shall be in force until all work is satisfactorily completed. 10.05 Comprehensive general liability insurance must be provided to insure against bodily injury and property damage. Exposures to be covered include premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Death and Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Personal injury Annual aggregate $1,000,000 Property damage liability insurance shall include coverage for the following hazards: X - explosion, C- collapse, U - underground. 10.06 Workers compensation insurance shall be maintained during the term of this Agreement and shall comply with statutory limits for all employees, and in the case any work is sublet, Licensee shall require the contractor and subcontractors to provide workers compensation insurance for all their employees unless such employees are covered by the protection afforded by Licensee. Licensee and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following limits must be maintained: Workers compensation Statutory Employer's liability $500,000 per occurrence 10.07 Comprehensive auto liability: Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Page 6 of 12 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Coverage shall include owned, hired and non -owned vehicles. Section 11. Assignment. 11.01 Licensee shall not assign or transfer this Agreement, except as provided in article VI, section 5, of the City Charter, as amended. Section 12. Compliance with Laws. 12.01 At all times during the term of this License, Licensee shall comply with all applicable laws, rules or regulations of the City, and of the federal, state and county governments, their regulatory agencies or commissions, which are now or may be applicable to the construction, installation, operation or maintenance of the telecommunications system, including, without limitation, all special laws, ordinances, or regulations. Nothing in this Agreement shall be deemed a waiver of Licensee's right to challenge the validity of any law, rule or regulation. Any law, rule, or regulation of the City, or federal, state or county government, their regulatory agencies or commissions, which may become applicable subsequent to the effective date of this Agreement relating to the use of municipal rights -of -way for the installation, operation or maintenance of the telecommunications system shall take precedence over this Agreement. The City and Licensee shall amend this License to comply with newly enacted, amended or repealed laws or regulations. Section 13. Governing Law; Venue. 13.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 13.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Dade County, Florida. Section 14. Insolvency. 14.01 In the event that either party shall become insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or its assets or shall avail itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act, or any other statute of any state relating to insolvency or the protection of rights of creditors, or becomes subject to rehabilitation, then, at the option of the other party and Page 7 of 12 immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 15. Entire Agreement. 15.01 This Agreement contains the entire understanding of the parties relating to the subject matter, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the requirements of this Agreement shall not be construed as a waiver or relinquishment for the future of any requirement, term, condition or election, and this Agreement shall continue and remain in full force and effect. Section 16. Severability. 16.01 Should any part, term or provision of this Agreement be determined by a court to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected unless the determination results in a failure in consideration. Section 17. Notices. 17.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, or by receipted hand delivery to the receiving party, to the following persons and addresses: The City: The City Manager The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With a copy to: The City Attorney 6130 Sunset Drive South Miami, Florida 33143 Licensee: John Ambrus, Director of Network Development Metromedia Fiber Network Services, Inc. 360 Hamilton Avenue White Plains, New York 10601 Page 8 of 12 With a copy to: Office of the General Counsel Metromedia Fiber Network Services, Inc. 1 Meadowlands Plaza, 6h Floor East Rutherford, NJ 07073 Section 18. Other Provisions. 18.01 Should the City, at any time during the term of this Agreement, decide to vacate all or part of the municipal rights -of -way, the vacation shall be subject to this Agreement. 18.02 Licensee has been certified by the Florida Public Service Commission as an alternate local exchange telecommunications company and the PSC found that Licensee has sufficient technical, financial, and managerial capability to provide alternative local exchange telecommunications service. 18.03 All of the powers, rights and privileges granted to the City and the Licensee in the City's Telecommunications Systems ordinance, article X, sec. 13 -69, et seq. of the city code, are incorporated into this License Agreement by reference as if fully set forth in this Agreement, and are expressly agreed to by the parties. A copy of the telecommunications systems ordinance is annexed to and made a part of this License Agreement. 18.04 The relationship of Licensee to the City is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker's compensation, pension rights or liabilities, insurance rights or liabilities or other liabilities, arising out of, or related to, a contract for hire or employer /employee relationship, shall arise or accrue to either party or to either party's agents or employees as a result of the performance of this Agreement. Section 19. Attorneys' Fees. 19.01 The City, if it is the prevailing party in any litigation between the parties arising under this Agreement, shall be entitled to reasonable attorneys' fees, paralegal fees, expert witness fees whether or not the witness is used at trial, investigative costs, necessary consultant costs, expenses and court costs, at both the trial and appellate levels and for post -trial enforcement proceedings. Section 20. Public Records. 20.01 The City must comply with the provisions of the Chapter 119, Fla. Stat. (i.e. the Public Records Law). However, the City recognizes that certain records provided by Licensee may be exempt from the disclosure requirements of Chapter 119, Fla. Stat., and may be required to remain confidential. These documents include, but are not necessarily limited to, records included within the provisions of Sections 119.07(3)(r) and 166.231(9)(c), Fla. Stat. Page 9 of 12 20.02 Upon execution, this Agreement may be recorded in the Public Records of Dade County, Florida, by the Licensee. Section 21. Remedies Not Exclusive. 21.01 The rights and remedies of the City set forth in this Agreement and article X, sec. 13 -69, et seq. of the city code shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. Section 22. Sovereign Immunity 22.01 By entering into this Agreement, the City does not waive sovereign immunity from, and shall not be subject to, suit and liability for damages, prejudgment interest and attorney's fees. Licensee may enforce any provision of this Agreement only by suit for declaratory judgment, injunction, mandamus and other forms of equitable relief. [Signatures appear on the following page] Page 10 of 12 ATTEST: Ronetta Taylor, City Clerk Approved as to Form: Earl Gallop, City Attorney Signed and delivered in the presence of: THE CITY OF SOUTH MIAMI, FLORIDA Charles D. Scurr, City Manager METROMEDIA FIBER NETWORK SERVICES, INC. By:_ Title: Page 11 of 12 STATE OF FLORIDA ) )SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of , 2000, before me personally appeared , to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he /she executed the same for the purposes therein express on behalf of He /she is personally known to me or produced as identification. Notary Public, State of Florida Print Name: Commission No.: Commission Expires: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day of personally appeared individual who executed the foregoing instrument and executed the same for the purposes therein express He /she is personally known to me or produced Commission Expires: FMI #503053 v2 ' 2000, before me .o me personally known to be the acknowledged before me that he /she n behalf of as identification. Notary Public, State of Print Name: Commission No.: 11 De11_61000ocuments\City of South Miami10022 -00113654.doc Page 12 of 12 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/1 /00 AGENDA ITEM #_37 FROM: Charles D. Scurr Comm. Mtg. 911/00 City Manager i Rights -Of -way THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND TCG SOUTH FLORIDA TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF- WAY; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached ordinance on for first reading approves a license agreement between the City and TCG South Florida to install, operate and maintain telecommunications systems in the municipal right -of -way. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS - 5 OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE 6 CITY AND TCG SOUTH FLORIDA TO INSTALL, OPERATE AND 7 MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE 8 MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami owns 14 and operates rights -of -way in which telecommunications companies desire to install, 15 operate and maintain telecommunications systems; and, 16 17 WHEREAS, within the last few years the United States Congress and the Florida 18 Legislature enacted sweeping telecommunications reform legislation to promote the 19 development of national and international telecommunications systems; and, 20 21 WHEREAS, the Federal Telecommunications Act of 1996, 47 U.S.C. §253(c), 22 preserves the power of the City to manage the use of its rights -of -way by 23 telecommunications companies on a competitively neutral and nondiscriminatory basis; 24 and, 25 26 WHEREAS, the Mayor and City Commission enacted Ordinance no. 5 -99 -1679 27 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunications 28 companies; and, 29 30 WHEREAS, the City received a completed application by TCG South Florida to 31 install, operate and maintain a telecommunications system in the City's rights -of -way, the 32 City Manager recommends approval of the application on the bases that the applicant 33 satisfies the technical, legal and financial qualification requirements, and the City 34 Attorney recommends approval of the attached standard license agreement. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. The License Agreement Between The City of South Miami, Florida 40 and TCG South Florida which is annexed to this ordinance as App. 1, is approved and the 41 City Manager is authorized to execute and deliver the agreement on behalf of the City. 42 Additions shown by underlinine and deletions shown by everstriking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of September, 2000. MAYOR 1st Reading — 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell 6I00\Documents \City of South Miami \0022- 00 1 \6461.doe Additions shown by underlining and deletions shown by ever-striking. LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND TCG SOUTH FLORIDA THIS LICENSE AGREEMENT is entered into this and between: CITY OF SOUTH MIAMI, FLORIDA a Florida municipal corporation, 6130 Sunset Drive South Miami, Florida 33143 and TCG SOUTH FLORIDA A wholly owned subsidiary of AT &T Corporation 1001 Cypress Creek Rd., Suite 209 Fort Lauderdale, Florida 33301 day of , 2000, by IN CONSIDERATION of the sum of $10.00 paid to the City, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Definitions. 1.01 The words and phrases used in this Agreement shall have the meanings given in this section. Words not defined in this section shall be defined in the following order: sec. 13.71 of the Code of Ordinances of the City of South Miami; the Communications Act of 1934, 47 U.S.C. § 521, et seq., and the Telecommunications Act of 1996, as amended; and the Florida Statutes; and, if not defined there, the words shall be given their common and ordinary meaning. 1.02 "Customer" shall mean any person who is provided services of any kind by Licensee, directly or indirectly. For the purpose of provision of services between different locations of the same customer, the term "customer" shall include any person controlling, controlled by or under common control with such customer. 1.03 "Effective Date" shall mean the date on which this Agreement is executed by both City and Licensee. 1.04 "License Area" shall mean that area in which Licensee is authorized to transact as a local business as described in sec. 2.4. 1.05 "Licensee" shall mean TCG South Florida. Page 1 of 12 1.06 "License Year" shall be the fiscal year from October lst through September 30th provided that the first License Year shall begin on the effective date of this Agreement and end as provided in Sec. 2.3 of this Agreement. 1.07 "Local Service Revenues" shall mean all revenues received by Licensee from its customers for providing the local transport of voice, data and video signals as provided in this Agreement, including but not limited to, those revenues derived from telecommunication services listed in subsec. (2)(a), sec. 203.012, Fla. Stat., as it may be amended. For purposes of this Agreement, "Local Service Revenues" do not include those revenues derived from telecommunications services listed in subsec. (2)(b) of sec. 203.012, Fla. Stat., as it may be amended. Section 2. Nonexclusive License. 2.01 Permission; License. The City hereby grants Licensee permission to erect, construct, install, operate, repair, maintain, expand and use the telecommunications system in, on, over, under and, or, across the municipal rights -of -way. 2.02 Nonexclusive; Priority. The license granted to Licensee is nonexclusive. This License does not establish any priority for the use of the municipal rights -of -way by Licensee or by any present or future franchisee or other permit holders. 2.03 Use of municipal rights -of -way. The use of municipal rights -of -way by the Licensee shall not in any way interfere with the public's access to and use of the rights -of -way. Section 3. Term of License. 3.01 This Agreement is effective upon execution by both parties for an initial term of five (5) years unless earlier terminated or partially terminated as provided below: (a) Upon this Agreement being terminated by operation of law; or (b) Upon the City's enactment of an ordinance consistent with Section 337.401, Florida Statutes, as amended by Section 50 of Ch. 2000 -260, Laws of Fla. ( "Section 50 "), in which event Licensee shall have one hundred twenty (120) days to register in accordance with the lawful registration provisions of the City's ordinance as required at the time of the termination. Following such termination of this Agreement, Licensee shall be entitled to continue to use the rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (c) On September 30, 2001, if the provisions of Section 337.401, Florida Statutes, in effect on that date continue to limit local governments to a registration procedure as opposed to an agreement or franchise for access to their rights -of -way, Licensee shall have one hundred twenty (120) days to register in accordance with said section and the provisions of this Agreement shall terminate, except for the rights and obligations Page 2 of 12 of this paragraph which shall survive a termination. Licensee shall be entitled to continue to use the City's rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (d) If this Agreement is not terminated pursuant to (a), (b) or (c) above, or otherwise, then at such time as Section 202.24(2)(a), Florida Statutes, as enacted by Ch. 2000- 260, Laws of Fla. or Section 337.401, Florida Statutes, as amended by Section 51 of Ch. 2000 -260, Laws of Fla., or other similar statutory provisions become effective prohibiting a local government from requiring the payment of fees or taxes now required under Sections 4 and 5 of this Agreement, then Sections 4 and 5 shall no longer be effective. 3.02 This Agreement shall be renewed automatically for five five -year renewal periods unless either party delivers written notice to the other party of its election not to renew the next term at least six months prior to the expiration of the current term. Section 4. License Payments. 4.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a licensee fee equal to one percent (1 %) of its gross receipts on recurring local service revenues derived during each quarter from service provided within the corporate limits of the City by Licensee. The license fee includes all taxes, licenses, fees and other impositions by the City for the privilege of using the City's rights -of -way, but does not include the city application fee and building permit fees, nor taxes, licenses, fees and other impositions by other units of government. 4.02 The license fee charged by the City for the use of its rights -of -way is nondiscriminatory and competitively neutral. It is no greater, and no less, than the fee the City will charge any other telecommunications provider. 4.03 Payments of the license fee shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarter, together with a sworn statement truthfully stating the amount of the license fee paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 5. Payment of Excise Tax. 5.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a public utilities tax as provided in sec. 166.231, Fla. Stat., as it may be amended, equal to ten percent (10 %) of the monthly recurring customer service charges, Page 3 of 12 excluding public telephone charges collected on site, access charges, and any customer access line charges paid to Licensee. 5.02 Payments of the excise tax shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarterly period, together with a sworn statement truthfully stating the amount of the excise tax paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 6. Changes in the Laws Regulating Fees. 6.01 The license fee or excise tax charged by this Agreement is the maximum amount that is allowed by law. In the event that the law, which is sec. 166.231 and sec. 337.401, Fla. Stat., is amended to authorize the City to charge a greater amount, this Agreement shall be amended by operation of the law to increase the excise tax or license fee on the effective date of, or as otherwise provided by, the law. 6.02 Similarly, in the event the maximum license fee or excise tax charged by this Agreement is decreased by amendment to the law, this Agreement shall be amended by operation of the law to decrease the excise tax or license fee on the effective date of, or as otherwise provided by, the law. Section 7. Duties and Responsibilities of Licensee. 7.01 No construction or installation of the system, or any part of it, shall be commenced until the required permits have been issued by the proper departments of the City. As a condition to the issuance of permits, the City may impose such reasonable requirements as are required for compliance with this Agreement and may also impose such reasonable conditions and regulations as are necessary for the purpose of protecting any structures or other telecommunication systems within the public right -of -way. The City shall assist the Licensee in obtaining all required local permits and authorizations in an expeditious and timely manner. 7.02 The Licensee shall at all times comply with the requirements of article X. sec. 13 -69, et seq. of the city code. Licensee shall construct, install, operate and maintain the telecommunications system in a manner consistent with all other federal, State and local laws, ordinances, construction standards, FCC technical standards and rules and regulations, and all other applicable governmental requirements, including, but not limited to the standards of the Occupational Safety and Health Administration and the National Electrical Safety Code. Section S. Termination. 8.01 In the event that any use, certificate, permit or approval issued to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority or court of competent jurisdiction so that Licensee is unable to provide telecommunication services, Page 4 of 12 Licensee shall have the right to immediately terminate this Agreement by giving written notice of termination to the City. Upon termination of the Agreement pursuant to this section, the Licensee shall pay the City all license fee and excise taxes due and owing for the final quarter of operation. 8.02 Licensee shall have the right to terminate this Agreement for convenience provided that it gives the City one year prior notice of termination and pays to the City all license fee and excise taxes due and owing for the final year of operation. 8.03 In the event of a default by Licensee under any of the terms of this Agreement, the City may terminate this Agreement by giving a 90 -day written notice to Licensee; however, Licensee may correct any default within 45 days of receipt of written notice. This Agreement shall not terminate if the default is of a nature that it cannot be cured in 45 days and Licensee diligently proceeds to cure the default. Section 9. Indemnification. 9.01 Licensee agrees to indemnify, save and hold harmless and defend the City, its commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the municipal rights -of -way by Licensee or its officers, agents, employees or independent contractors under this Agreement, or the breach of this Agreement by Licensee. Licensee shall pay all claims, losses, liens, fines, penalties, settlements or judgments, of any nature whatsoever, in connection therewith, including, but not limited to, attorney's fees, paralegal fees, expert witness fees, consultant fees, investigative costs, and costs to defend all claims or suits, including attorney's fees on appeal in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon at both the trial and appellate levels. The indemnification shall not be limited to the amount of comprehensive general liability insurance which Licensee is required to obtain under this Agreement. This indemnify shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. Section 10. Insurance. 10.01 Licensee shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance has been approved by the Risk Manager of the City nor shall the Licensee allow any contractor or subcontractor to commence work on the municipal rights -of -way until all similar insurance required of any contractor or subcontractor has been obtained and approved. 10.02 Certificates of insurance shall be filed with the Risk Manager prior to the commencement of the work. The Certificates shall name the City as an additional insured and shall contain a provision that coverages afforded under the policies will not be canceled until 30- days prior written notice has been given to the City. In the event insurance coverage is canceled Page 5 of 12 or not renewed by an insurer, Licensee shall provide a replacement certificate of insurance within 30 days of cancellation or non - renewal as proof that equal and like coverage is in effect. 10.03 Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurers shall have financial ratings of no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide ", published by A.M. Best Guide. Notwithstanding the foregoing, the insurance coverage required by this Agreement may be provided through self - insurance or a captive insurance company to the extent allowed by law. 10.04 Insurance required for the construction of the facilities shall be in force until all work is satisfactorily completed. 10.05 Comprehensive general liability insurance must be provided to insure against bodily injury and property damage. Exposures to be covered include premises, operations, products /completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Death and Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Personal injury Annual aggregate $1,000,000 Property damage liability insurance shall include coverage for the following hazards: X - explosion, C- collapse, U - underground. 10.06 Workers compensation insurance shall be maintained during the term of this Agreement and shall comply with statutory limits for all employees, and in the case any work is sublet, Licensee shall require the contractor and subcontractors to provide workers compensation insurance for all their employees unless such employees are covered by the protection afforded by Licensee. Licensee and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following limits must be maintained: Workers compensation Statutory Employer's liability $500,000 per occurrence 10.07 Comprehensive auto liability: Page 6 of 12 Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Coverage shall include owned, hired and non -owned vehicles. Section 11. Assignment. 11.01 Licensee shall not assign or transfer this Agreement except as provided in article V1, Section 5, of the City Charter, as amended. Section 12. Compliance with Laws. 12.01 At all times during the term of this License, Licensee shall comply with all applicable laws, rules or regulations of the City, and of the federal, state and county governments, their regulatory agencies or commissions, which are now or may be applicable to the construction, installation, operation or maintenance of the telecommunications system, including, without limitation, all special laws, ordinances, or regulations. Nothing in this Agreement shall be deemed a waiver of Licensee's right to challenge the validity of any law, rule or regulation. Any law, rule, or regulation of the City, or federal, state or county government, their regulatory agencies or commissions, which may become applicable subsequent to the effective date of this Agreement relating to the use of municipal rights -of -way for the installation, operation or maintenance of the telecommunications system shall take precedence over this Agreement. The City and Licensee shall amend this License to comply with newly enacted, amended or repealed laws or regulations. Section 13. Governing Law; Venue. 13.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 13.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Dade County, Florida. Section 14. Insolvency. Page 7 of 12 14.01 In the event that either party shall become insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or its assets or shall avail itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act, or any other statute of any state relating to insolvency or the protection of rights of creditors, or becomes subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 15. Entire Agreement. 15.01 This Agreement contains the entire understanding of the parties relating to the subject matter, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the requirements of this Agreement shall not be construed as a waiver or relinquishment for the future of any requirement, term, condition or election, and this Agreement shall continue and remain in full force and effect. Section 16. Severability. 16.01 Should any part, term or provision of this Agreement be determined by a court to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected unless the determination results in a failure in consideration. Section 17. Notices. 17.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, or by receipted hand delivery to the receiving party, to the following persons and addresses: The City: The City Manager The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With a copy to: The City Attorney 6130 Sunset Drive South Miami, Florida 33143 Licensee: TCG South Florida 1001 Cypress Creek Road Suite 209 Fort Lauderdale, Florida 33301 Page 8 of 12 Attn: Jim Nevin, Director of Operations for TCG South Florida (954) 453 -4240 With a copy to: Office of the General Counsel Teleport Communications Group Inc. 429 Ridge Road Dayton, NJ 08810 Section 18. Other Provisions, 18.01 Should the City, at any time during the term of this Agreement, decide to vacate all or part of the municipal rights -of -way, the vacation shall be subject to this Agreement. 18.02 Licensee has been certified by the Florida Public Service Commission as an alternate local exchange telecommunications company and the PSC found that Licensee has sufficient technical, financial, and managerial capability to provide alternative local exchange telecommunications service. 18.03 All of the powers, rights and privileges granted to the City and the Licensee in the City's Telecommunications Systems ordinance, article X, sec. 13 -69, et seq. of the city code, are incorporated into this License Agreement by reference as if fully set forth in this Agreement, and are expressly agreed to by the parties. A copy of the telecommunications systems ordinance is annexed to and made a part of this License Agreement. 18.04 The relationship of Licensee to the City is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker's compensation, pension rights or liabilities, insurance rights or liabilities or other liabilities, arising out of, or related to, a contract for hire or employer /employee relationship, shall arise or accrue to either party or to either party's agents or employees as a result of the performance of this Agreement. Section 19. Attorneys' Fees. 19.01 The City, if it is the prevailing party in any litigation between the parties arising under this Agreement, shall be entitled to reasonable attorneys' fees, paralegal fees, expert witness fees whether or not the witness is used at trial, investigative costs, necessary consultant costs, expenses and court costs, at both the trial and appellate levels and for post -trial enforcement proceedings. Section 20. Public Records. 20.01 The City must comply with the provisions of the Chapter 119, Fla. Stat. (i.e. the Public Records Law). However, the City recognizes that certain records provided by Licensee may be exempt from the disclosure requirements of Chapter 119, Fla. Stat., and may be required to remain confidential. These documents include, but are not necessarily limited to, records included within the provisions of Sections 119.07(3)(r) and 166.231(9)(c), Fla. Stat. Page 9 of 12 20.02 Upon execution, this Agreement may be recorded in the Public Records of Dade County, Florida, by the Licensee. Section 21. Remedies Not Exclusive. 21.01 The rights and remedies of the City set forth in this Agreement and article X, sec. 13 -69, et seq. of the city code shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. Section 22. Sovereign Immunity. 22.01 By entering into this Agreement, the City does not waive sovereign immunity from, and shall not be subject to, suit and liability for damages, prejudgment interest and attorney's fees. Licensee may enforce any provision of this Agreement only by suit for declaratory judgment, injunction, mandamus and other forms of equitable relief. [Signatures appear on the following page] Page 10 of 12 ATTEST: Ronetta Taylor, City Clerk Approved as to Form: Earl Gallop, City Attorney Signed and delivered in the presence of: THE CITY OF SOUTH MIAMI, FLORIDA Charles D. Scurr, City Manager TCG SOUTH FLORIDA By:_ Title: Page 11 of 12 STATE OF FLORIDA ) )SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of 2000, before me personally appeared , to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he /she executed the same for the purposes therein express on behalf of He /she is personally known to me or produced as identification. Notary Public, State of Florida Print Name: Commission No.: Commission Expires: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day of personally appeared individual who executed the foregoing instrument an d executed the same for the purposes therein express He /she is personally known to me or produced Commission Expires: FTLI #503057 v2 2000, before me to me personally known to be the acknowledged before me that he /she on behalf of as identification. Notary Public, State of Print Name: Commission No.: 11 Dc11_61000ocuments\City of South Miami10022 -00114369.doc Page 12 of 12