HomeMy Public PortalAbout2002 AllRESOLUTION NO. 2002-52
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING
PROCEDURE FOR DECLARING AS SURPLUS CERTAIN
PERSONAL PROPERTY OF THE VILLAGE OF KEY
BISCAYNE, ARISING FROM THE RELOCATION OF THE
VILLAGE GOVERNMENTAL OFFICES; DECLARING
CERTAIN PERSONAL PROPERTY OWNED BY THE
VILLAGE TO BE SURPLUS AND AUTHORIZING THE
VILLAGE MANAGER TO PROVIDE FOR THE SALE OR
DISPOSITION OF SUCH SURPLUS PROPERTY;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the relocation of the Village governmental offices and the purchase of new
facilities and equipment has resulted in the necessity to dispose of surplus personal property as
provided herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY TITE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1.
confirmed.
Section 2. Surplus Property. That each of the items of personal property owned by the
Village which a re 1 isted o n E xhibit "A " attached h ereto and i ncorporated h erein, h as b ecome
obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was
intended, or is no longer needed for public purposes, and accordingly is hereby declared by the
Village Council to be surplus personal property of the Village.
Section 3. Disposal Authorized. That the Village Manager is hereby authorized to sell
or dispose of each of the items of surplus property as described in Section 2 above by public auction
Recital Adopted_ That the recital stated above is hereby adopted and
1
or bulk sale for scrap items or by other procedure. established by the Village Manager. Any surplus
property items acquired by the Village pursuant to governmental grant programs shall only be
disposed of in accordance with procedures and criteria applicable to such grant programs.
Section 4. _ Implementation. That the Village Manager is authorized to take any and all
action necessary to
Section 5.
adoption hereof.
PASSED AND ADOPTED this 10th day of December 2002.
implement this Resolution and the purposes, hereof.
Effective Date. That this Resolution shall be effective immediately upon
/OaLEGig(._
MAYOR ROBERT OLDAKOWSKI
CONCIIITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
103001Vesotutionslestablishing di • al• surplus personal property
RESOLUTION NO. 2002-51
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING
POLICY THAT ANY FUTURE PROCEEDS FROM THE SALE
OF SURPLUS FIRE APPARATUS AND FIRE DEPARTMENT
SUPPORT VEHICLES BE PLACED INTO THE CAPITAL
IMPROVEMENT F UND B UDGET L INE I TEM F OR F IRE
RESCUE VEHICLE REPLACEMENT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, during the formulation of the Village Fire Rescue Department, a capital
improvement line item entitled "Reserve Fund For Fire Rescue Equipment" was established within
the Village budget to finance the replacement of fire rescue equipment and vehicles; and
WHEREAS, in fiscal year 1998-1999, the funds in this capital improvement line item were
depleted in order to purchase rescue transport vehicles (2) and support vehicles (3) for the Fire
Rescue Department; and
WHEREAS, b etween fiscal years 1998-1999 and 2 001-2002, n o d edicated funds w ere
identified and used to replenish the previously depleted capital improvement line item within the
budget; and
WHEREAS, in fiscal year 2001-2002, the proceeds from the sale of the 1993 Village Quint
(fire vehicle) in the amount of $200,000.00 was placed into the capital improvement line item; and
WHEREAS, in November of fiscal 2002-2003, the Village Council provided conceptual
approval for a program replacing the fleet of fire apparatus utilizing the existing capital improvement
fund amount as a down payment for a lease -purchase agreement for two fire bucks; and
WHEREAS, no other funding source has been identified for the above referenced capital
improvement line item; and
II
WHEREAS, it is desirable to identify a funding source for the purchase of fire rescue
equipment and vehicles.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals stated above are hereby adopted and
confirmed.
Section 2. Policy Adopted. That it shall be the policy of the Village Council to provide
that all future proceeds from the sale of surplus fire apparatus and fire department support vehicles
be placed into the Capital Improvement Fund line item of the budget for the Fire; Rescue. Vehicle
Replacement.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
and all action necessary to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this
0th day of December 2002.
MAYOR ROBERT OLDAICOVVSKI
dael
HITA H. ALVAREZ, CIVIC, VILLAGE CLE
APPROVED AS TO FO AND LEGAL SUFFICIEN
VILLAGE A
103001Wsolutions\surplus fire apparatus proceeds
RESOLUTION NO. 2002-50
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING
A CRANDON BOULEVARD STREETSCAPE ADVISORY
COMMITTEE FOR PURPOSES OF ASSISTING STAFF IN
THE PREPARATION OF A NEW ZONING ORDINANCE FOR
THE ENTIRE VILLAGE.
WHEREAS, the 2002-03 Village Council's Goals and Objectives lists the preparation of a
Crandon Boulevard Streetscape Plan; and
WHEREAS, the Village has petitioned and the County has set aside funding in an amount
not to exceed $ 50,000 for a Crandon Boulevard Streetscape Master Plan; and
WHEREAS, the Village has entered into an Agreement with the County and the consulting
firm of Corzo, Castella, Carballo, Thompson, Salman P.A. for purposes of preparing the Plan; and
WHEREAS, it is necessary to establish a citizen's advisory committee to assist the Staff and
the Council in the preparation of the plan.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Crandon Boulevard Advisory Committee is established with the following
membership categories:
1.
One (1) representative from the commercial area
along Harbor Drive and Crandon Blvd.
7 One (1) representative from the Sonesta Hotel
2.
One (1) representative from the Square Shopping
Center
8. One (1) representative from the Ritz Hotel
3.
One (1) representative from the Galleria
Shopping Center
9. One (1) representative from the Ocean Club
4.
One (1) representative from the Wynn Dixie
Shopping Center
10. One (1) representative from the Towers of Key
Biscayne
5.
One (1) representative from the condominium s on
Ocean Drive; Galen Drive, Sunrise Drive, and E.
Enid Drive
11. One (1) representative from the Grapetree Drive
and Seaview Drive area.
6.
One (1) representative from Key Colony
12-14. Three (3) representatives from the
residential area west of Crandon Blvd.
15. One Representative from the Bill Baggs Cape Florida
State Park
16. One Representative from the Grand Bay Residences
(condominium)
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 10th day of December , 2002.
MPYORROBERT OLDAKOWSKI
dyer
CHITAH. ALVAREZ, VILLAGE CLERK, CMC
APPROVED AS TO FO AND LEGAL SUFFICIENCY
LAGS A ORNE
RICHARD JAY WEISS, Y:
RESOLUTION NO. 200249
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING
A POLICY FOR AN ANNUAL EMPLOYEE COST OF LIVING
ADJUSTMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the U.S. Department of Labor, Bureau of Labor Statistics is the nationally
recognized benchmark for providing cost of living data; and
WHEREAS, timely and regional cost of living data is necessary to properly plan for
budgetary purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager will use the U.S. Department of Labor, Bureau of Labor
Statistics data for the Miami - Ft. Lauderdale area in determining the proposed annual cost of living
adjustment for all Village employees.
ems"'„'
Section 2. That in making calculations for deteiuiining the appropriate percentage
adjustment, the yearly May figures will be used to allow for proper budget preparation time
requirements.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 26th day of November , 2002.
HITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD JAY WEISS, VILLAGE ATTORNEY
/1-0cg4,1,1t4
MAYOR ROBERT OLDAKOWSKI
RESOLUTION NO. ° 2002-48
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL
IMPROVEMENT REVENUE BONDS, SERIES 2002, OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $9,987,551 FOR
THE PURPOSE OF FINANCING A PORTION OF THE
COSTS OF CONSTRUCTION AND , EQUIPPING OF A
COMMUNITY CENTER, INCLUDING A PARKING GARAGE
AND SWIMMING POOL, FINANCING ARCHITECTURAL,
ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER
PLANNING COSTS RELATED THERETO, AND PAYING
COSTS OF' ISSUANCE OF THE BONDS; AWARDING: THE
SALE OF THE BONDS TO SUNTRUST BANK; PROVIDING
FOR SECURITY FOR THE BONDS; PROVIDING OTHER
PROVISIONS RELATING TO THE BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 22, 2002, the Village Council (the "Council") of the Village of Key
Biscayne, Florida (the "Village") adopted Ordinance No. 2002-11 (the "Ordinance") authorizing the
issuance of not exceeding $9,987,551 Village of Key Biscayne, Florida Capital Improvement
Revenue Bonds, Series 2002 (the "Bonds"), for the purpose of financing a portion of the costs of
construction and equipping of a community center, including a parking garage and swimming pool,
financing architectural, engineering; environmental; legal and other planning costs related thereto,
and paying costs of issuance of the Bonds (the "Project"); and
WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing
of the Project; and
WHEREAS, the Council hereby determines to accept a commitment (the "Commitment")
from SunTrust Bank (the "Bank") to purchase the Bonds; and
WHEREAS, the Council desires to set forth- the details of the Bonds in this Bond
Resolution;
NOW,' THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA:
SECTION 1. AUTHORIZATION OF BONDS. Pursuant to the provisions of the Bond
Resolution and the Ordinance, capital improvement revenue bonds of the Village to be designated
"Village of Key Biscayne, Florida Capital Improvement Revenue Bonds, Series 2002" (the
M1070212_2 1
t
`Bonds"), are hereby authorized to be issued in anaggregate principal amount of $9,987,551 for the
purpose of financing a portion of the costs of construction and equipping of a community center,
including a parking garage and swimming pool, financing architectural, engineering, environmental,
legal and other planning costs` related; thereto, and paying costs of issuance of the Bonds.
SECTION 2. TERMS OF THE BONDS
(a) General Provisions. The Bonds shall be issued; in fully registered foun
without coupons. The principal' of and interest; on` the Bonds shall be payable when due in lawful
money of the United States of America by wire transfer or by certifiedcheck delivered on or prior
to the date due to theregisiered:Ownersofte Bonds ("Ownrers") or their legal ,representatives at the
addresses of the (wirers "is. they apps on the registration hooks of the \'ill a e. Payments shall be
made in imniediately available, funds.byno;later than 2:00 p.rn. oit the,date.due, tee and clear of any
3efenses, setto`ffs, dounterclaims, or withholdings or deductipns,for• taxes. ,
The Bon"ds`shall"be dat'ed.the date oftheir issuanee and ery;and shall; be initially issued
as one Bond in the ilenottli tian. Of 59;957,»S„ 1 The Bonds shat mature on November 1, 2022.
THE BONDS S AEL`NOT`BE DEEMED TO'GONSTITHTE AN'I DEBTEDNESS OF
THE VILLAGE OR A PLEDGE OF THE FAITH 1ND CREDIT OF TUE° VILLAGE, BUT SHALL
BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM
"''REVENLES OF THE; VILLAGE; AS DE7 ®. fN TEIISS RESOLUTION. THE ISSUANCE OF
THE BONDS,S 1A L NorpiREcTLy OR, INDIREC'T`LY °RICO GENTLY OBLIGATE
THE VILLAGE TO LEtVY=-OR TO P1 FDGEi ANY±FORM �OF T ION WHATEVER
,THEREFOR "NOR !,SHALL .,THE BONDS CONSTITUTE A C , GE, LIEN, OR
-ENCUMBRANCE LtEGA1 ORSEQ iTABLE 'UPON PROPERTY F THE VILLAGE,
'i`AND' THE HUJLDERSOFTHE.BONDSiSl THE POWER OF
TAXATION.
(b) Interest Rate. Subject to adjustment as provided below, the Bonds shall bear
interest on the outstanding principal balance from their date ofissuance payable quarterly on the first
day of each February, May, August and November (the "Interest Payment Dates"), commencing
February 1, 2003, at an interest rate equal to 3.59% per annum to but not including November 1,
2012 (the "Initial Interest Rate Period"). Commencing on November 1, 2012 through the maturity
date of the Bands (the "Second Interest Rate Period"), the interest rate shall be adjusted to a rate
equal to (A)'the ten-year Federal Reserve interest rate.swap rate (the "Index Rate"), plus 110 basis
points, divided by (B) 1.5054 (such divisor, however, being subject to adjustment if any of the events
specified in this Section (2)(b) (1) through (iv) occurs, so as to provide the Owners of the Bonds the
same after-tax yield they would otherwise have had in the absence, of such occurrence) (the "New
Interest Rate"). The "Index Rate" is currently published at the website:
http: //federalreserve. gov/releases/h 15/update.
M1070212_2 2
Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 -
day months.
(1) Adjustment of Interest Rate For Full Taxability. In the event a
Determination of Taxability shall have occurred, the rate of interest on the Bonds
shall be increased to a rate per annum equal to 5.5286%, and in the event a
Determination of Taxability shall have occurred during the Second Interest Rate
Period, the rate of interest on the Bonds shall be increased to a rate per annum equal
to the New Interest Rate times 1.54 (the "Taxable Rate"), effective retroactively to
the date on which the interest payable on the Bonds is includable for federal income
tax purposes in the gross income of the Owners thereof. In addition, the Owners of
the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an
amount equal to any additions to tax, interest and penalties, and any arrears in interest
that are required to be paid to the United States by the Owners or former Owners of
the Bonds as a result of such Determination of Taxability. All such additional
interest, additions to tax, penalties and interest shall be paid by the Village on the
next succeeding Interest Payment Date following the Determination of Taxability.
A -"Determination of Taxability" shall mean (I) the issuance by the Internal Revenue
Service of a statutory notice of deficiency or other written notification which holds
in effect that the interest payable on the Bonds is includable for federal income tax
purposes in the gross income of the Owners thereof, which notice or notification is
not contested with the Internal Revenue Service by either the Village or any Owners
of the Bonds, or (ii) a determination by a court of competent jurisdiction that the
interest payable on the Bonds is includable for federal income tax purposes in the
gross income of the Owners thereof, which determination either is final and non -
appealable or is not appealed within the requisite time period for appeal, or (iii) the
admission in writing by the Village to the effect that interest on Bonds is includable
for federal income tax purposes in the gross income of the Owners thereof, or (iv)
receipt by the Village of an opinion of bond counsel to the Village to the effect that
interest on the Bonds is includable for federal income tax purpose in the gross
income of the Owners thereof.
(ii) Adjustment of Interest Rate for Partial Taxability. In the event that
interest on the Bonds during any period becomes partially taxable as a result of a
Determination of Taxability applicable to less than all of the Bonds, then the interest
rate on the Bonds shall be increased during such period by an amount equal to: (A -B)
x C where:'
(a)
(b)
A equals the Taxable Rate (expressed as a percentage);
B equals the interest rate on the Bonds (expressed as a
percentage); and
M1070212_2 3
0
0
(e)
C equals the portion of the Bonds the interest on which has
become taxable as the result of such tax change (expressed as
adecimal),
addition, the Owners ofthe Bonds or any former Owners of the Bonds, as
appropriate, shall be paid an amount equal to anyadditions to tax, interest and
penalties, and any arrears in interest that are required to be paid to the United States
bythe Owners or former Owners ofthe Bonds as a result of such Determination of
':Taxability. All such additional interest, additions to fax, penalties and interest shall
e paid by% the Vilage on the neat succeeding interest Payment; Date following the
Determination ofTaxability.
Adjustment of interest Rate for Change in Maximum Corporate 'Fax
event that' the Maximum ' effective federal, corporate tax rate (the
orporate Tax Rate") during any period' with respect to which interest
ng on the Bonds on a tax-exempt basis, shall be other than thirty-five
);` the interest rate on the Bonds that are bearing interest on a tax-exempt
beyadj"listed to the product 'obtained by multiplying the interest rate then
iin'effectontie Bonds by a`fractionequal to (1-A divided by l -B), where A equals
r +Corporate Tax Rate in effect as :of the date of adjustment and B equals
gate Tax Rate in effect immediately prior to the date of
(i') Adjustment of Interest Rate for Other Changes Affecting After -Tax
eld. So long as any portion of the principal amount of the Bonds or interest
rereonireivains unpaiddVia) Warty rule, regulation or executive order is enacted
r 1p -tailgated by any public body or governmental agency which changes the basis
of taxation of interest on the Bonds or causes a reduction in yield, on the Bonds (other
than by reason ofa change described above)', to the Owners or any former Owners of
the Bonds, including without limitation the imposition of any excise tax or surcharge
thereon, or (b) if, as a result of action by any pubic body or governmental agency, any
payment is required to be made by, or any federal, state or local income tax deduction
is denied to, -the Owners or any former Owners of the Bonds (other than by reason of
a change described above or by reason of any action or failure to act on the part of
any Owner or any former Owner of the Bonds) by reason of the ownership of the
Bonds;: the Vintage shalt reimburse any such Owner within five (5) days after receipt
by the Village of written demand for such payment, and the Village agrees to
indemnify each such Owner against any loss, cost, charge or expense with respect to
any such: change. The determination of the after-tax yield calculation shall be
verified by a fitiu of certified public accountants regularly employed by the Bank (or
the current Owner of the Bonds) and acceptable to the Village, and such calculation,
in the absence of manifest error, shall be binding on the Village and the Owners.
Prepayment Provisions.
(I) Mandatory Prepayment. The principal of the Bonds shall be subject
to mandatory prepayment in quarterly annual installments on each Interest Payment
Date, commencing' August 1, 2004 (each a "Scheduled Due Date"). The schedule of
principal and interest payments due on each Scheduled Due Date shall be determined
on May 1, 2004, after the last Advance (as defined in Section 10(e) hereof) has been
made in accordance with Section 10(a) hereof. The schedule shall be determined
based upon an eighteen and one-half (18.5) year amortization schedule of
substantially level payments of principal and interest, with payments of principal and
interest sufficient to fully amortize so much of the pnncipal amount of the Bonds as
has been Advanced hereunder, with the final payment due and payable on November
1, 2022.
In the event that there is more than one Owner of the Bonds, (A) the Village
shall determine the amount of each Bond to be redeemed, and (B) the Village shall
give notice to each Owner of the Bonds at least three (3) days prior to the date of
mandatory redemption of the amount of each Bond to be redeemed.
(ii) Optional Prepayment. The Bonds are subject to optional prepayment,
upon thirty (30) days written notice to the Bank, in whole or in part at any time at par,
plus accrued interest to the date of prepayment.
SECTION 3. EXECUTION OF BONDS. The Bonds shall be signed in the name of the
Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council)
and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The
signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village
Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the
sign] ture of one of such officers shall be a manual signature. In case any one or more of the officers
who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before
'the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may
nevertheless be sold and delivered as herein provided and maybe issued as if the person who signed
and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and; sealed on
behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold
the proper office, although at the date of such Bonds such person may not have held such office or
may not have been so authorized.
SECTION 4. NEGOTIABILITY, REGISTRATION AND. CANCELLATION. The Village
shall serve as Registrar and as such shall keep books for the registration of Bonds and for the
registration of transfers of Bonds. Bonds' may be transferred or exchanged upon the registration
books kept by the Village, upon delivery to the Village, together with written instructions as to the
details' of the transfer or exchange, of such Bonds in form satisfactory to the Village and with
M1070212_2 5
guaranty of signatures satisfactory to the Village, along with the social security number or federal
employer identification number of any transferee and, if the transferee is a trust, the name and social
security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of
't:Abe trust and the name, of the trustee. Bonds may be exchanged for oneor more Bonds of the same
aggregate principal amount and maturityLanx,n denominations in integral multiples of $250,000
ept that an odd; lot is permitted to complete the outstanding principal balance). No transfer or
xchange of any Bond shall be effective until, entered on the registration books maintained by the
r, ;Village. ,
The Village may deem and treat the person in whose name any Bond shall be registered upon
rthe books . kept bky the Wiilago as, the absolute ,Owne-r of such Bond, whether such Bond shall be
rdue et,aut, for the,puipose of,receiving payment o,L or.on account ,of, the principal of and
rest on a15ch %Bond asthey become due anchor all other purposes. 4.l1such payments so made to
any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
In all cases *winch transferred or exchanged in accordance with this Section, the
Village shall execute and deliver Bondsin accordance with the provisions of this Resolution. All
Bonds surrendered iany ,suph exchanges or transfers shall forthwith be cancelled by the Village.
There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the
payment of a stun sufficient to pay any tax, feeor other,govermnentai charge required to be paid with
respect to such exehange,or transfer. The Village shall not be required to transfer or exchange Bonds
for a period of 15 days next preceding. an Interest Payment Date on such Bonds.
All Bonds, the principal and interest of which has been fully paid, either at or prior to
maturity, shall be delivered to the Village when such payment is made, and shall thereupon be
cancelled.
In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be
urrendered inexchange for a new Bond, but the Village shall make a notation indicating the
remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated
shall have; the remaining principal as provided on such registration books and shall, be deemed to
have been issued in the denomination of the outstanding principal balance, which shall be an
(authorized denomination.
SECTION 5. BONDS MUTILATED DESTROYED, STOLEN OR LOST. In case any
Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue
` and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case
of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such
mutilated Bond or in the rase of a destroyed, stolen or lost Bond in lieu of and substitution for the
Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof,
satisfactory proof of Joss or destruction thereof,and satisfactory, indemnity, complying with such
other reasonable regulations and conditions as the Village may prescribe and paying such expenses
M10'70212_2 6
0
as the Village may incur. The Village shall cancel all mutilated Bonds that are surrendered. If any
mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing
a substitute Bond, the Village may pay the principal of and interest on such Bond upon the Owner
complying with the requirements of this paragraph.
Any such duplicate Bonds issued pursuant to this section shall constitute original, additional
contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any
time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits
and rights as to lien on and source and security for payment from the funds, as hereinafter pledged,
to the extent as all other Bonds issued hereunder.
SECTION 6. FORM OF BONDS. The text of the Bonds shall be of substantially the tenor
set forth in Exhibit"A" hereto, with such omissions, insertions and variations as may be necessary
and desirable and authorized or permitted by this Resolution.
SECTION 7. COVENANT TO BUDGET AND APPROPRIATE. The Village hereby
covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad
Valorem Revenues (as defined in this Section) lawfully available in each fiscal year, amounts
sufficient to pay the principal and interest due on the Bonds in accordance with their terms during
such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any
source other than ad valorem taxation on real or personal property and which are legally available
to make the payments required under this Resolution, other than (I) Public Service Taxes authorized
by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et
seq. of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403.0893(3), Florida
Statutes, and imposed pursuant to Ordinance No. 9341 adopted by the Village Council on June 22,
1993 (as amended by Ordinance No. 93-11-A); but only after provision has been made by the Village
for the payment of all essential or legally mandated services not otherwise provided for by ad
valorem taxes. Such covenant and agreement on the part of the Village to budget and appropriate
such amounts of Non -Ad Valorem' Revenues shall be cumulative to the extent not paid, and shall
continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient
to make all such required payments shall have been budgeted, appropriated and actually paid.
Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain
any services or programs, now provided or maintained by the Village, which generate Non -Ad
Valorem Revenues.
Such covenant to budget and appropriate doesnot create any lien upon .or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad
Valorem R evenues, n or d oes i t r equire t he V illage t o t evy and c ollect any p articular N on -Ad
Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem
Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate
Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a
pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the
payment of debt service on bonds and other debt instruments). However, the covenant to budget and
M1070212_2
"appropriate in its general annual budget for the purposes and in the manner stated herein shall have
i,-'the effect of making available in the manner described herein Non -Ad Valorem Revenues and
='placing' on the Village' a positive duty to appropriate and budget, by amendment, if necessary,
amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to
e tears of this Resolution and the restrictions of Section 166.241(3), Florida Statutes, which
"'provides. in part, that the governing body of each municipality make appropriations for each fiscal
iPlyear which, in any one year, shall not exceed the amount, to be received from taxation, or other
`l* revenue sources;' and"s abject;fmther, to t p ayment o f services a nd programs.w hich are. for
"essential public purposes affecting the,health, welfare and safety of the inhabitants of the Village or
whichare legally mandated by applicable law.
SECTION 8. BOND FUND. There is hereby createda fund entitled "Village of Key
'Biscayne, F loads Capital Improvement Revenue B ands, S cries 2002 B F und" (the "Bond
and"). There shall be deposited, into= the Bond Fund on each Interest Payment" Date sufficient
amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the
tiounts already on deposit therein, will enable the village to pay the principal of and interest on the
Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest
>, Payment' Date to the payment of principal of and interest on the, Bonds comingdue on each such
date.
Bond Fund may be invested in the following investments, maturing at pr before the time such funds
may be needed to payprincipal of orinterest on Bonds, to the extent such; investments are legal for
investment of municipal funds (`Authorized Investments");
The Local Government Surplus Funds Trust Fund;
(b) Negotiable direct obligations of, or obligations, the principal of and interest
on which are unconditionally guaranteed by, the United States Government at the then
prevailing market price for such securities;
SECTION 9. INVESTMENT OF BOND FUND-. Subject to Section 12 hereo f funds in the
(c) Interest -bearing time deposits or savings accounts in banks organized under
the laws of the State of Florida (the "State"), in a national banks organized under the laws of
the United States and doing business and situated in the State, in savings and loan
associations which are under State supervision, or in federal savings and loan associations
located in the State' and organized under federal law and federal supervision, provided that
any such deposits are secured by collateral as may be prescribed by law;
(d) Obligations- of the., federal farm credit banks; the Federal Home Loan
=Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation
certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed
by the Government National Mortgage Association;
M1070212_2 8
0
(e) Obligations of the Federal National Mortgage Association; including Federal
National Mortgage Association participation certificates and mortgage pass -through
certificates guaranteed by the Federal National Mortgage Association;
(f) Securities of, or other interests in, any open-end or closed -end management
type investment company or investment trust registered under the investment Company Act
of 1940, 15 U.S.C: ss. 80a-1 etrseq.; as amended from time to time, provided the portfolio
of such investment company or investment trust is limited to United States Government
obligations and to repurchase agreements fully collateralized by such United States
Government obligations and provided such investment company or investment trust takes
delivery of such collateral either directly or through an authorized custodian; or
(g) Any otherinvestments that at the time are legal investments for municipal
funds, are permitted by the duly approved investment policy of the Village and as to which
the Bank has not objected in writing:
SECTION 10. ADVANCES AND APPLICATION OF BOND PROCEEDS.
(a) The proceeds of the Bonds shall be disbursed by the Bank by making
Advances (as defined below) from time to time in an aggregate principal amount not
exceeding $9,987,551, provided that no Advance shall be made after May 1, 2004.
(b) The Village may request an Advance by delivering to the Bank at least one
Business Day (as defined below) prior to the date on which the Advance is requested to be
funded a written request signed by either the Mayor, the Village Manager or the Finance
Director of the Village (each such request, a "Notice of Advance") (I) specifying the
Business Day on which the funding of the Advance is requested; (ii) specifying the amount
of the Advance requested; (iii) stating that to the best of the signer's knowledge, no event of
default under the Resolution has occurred and is continuing (which has not been cured or
waived) and no event which, with the giving of notice or the passage of time or both would
constitute an event of default, has occurred and is continuing.
(c) Uponreceipt of a Notice of Advance, the Bank shall fund the Advance
requested prior to 11:00 a.m. on the later of the succeeding Business Day or the date such
Advance is requested to be funded: On the date the Advance is to be funded, the Bank shall
make available the amount of the Advance requested in immediately available funds.,,
(d) A Notice of Advance may be revoked by the Village upon delivery of a
written notice delivered to the Bank not later than 9:00 a.m. on the date the proposed
Advance is to be funded.
(e) For purposes of this Section. 10, "Advance" shall mean an advance of the
Bond proceeds by the Bank to the Village, and "Business Day" shall mean any date other
M1070212_2 9
day, Sunday or other"flay ifwhicb the Bank is lawfully closed.
(f) Sufficient proceeds received from the first Advance on the, date of issuance
of the Bonds shall be applied to pay costs of issuance of the Bonds. All other proceeds
received fioinrthe first Advance, as well as proceeds received from all subsequent Advances,
shall/be depossited'in'the "Village of Ivey Biscayne Capital ,Improvement Revenue Bonds,
t'Series 2002 Project Fund" (the ."Project: Fund"), hereby created, and,used only reconnection
with the Project.
(g) Pending their ,use, the. ;proceeds 'ha the :Project Fund may be invested in
A xthori ed Invesf enta; maturing.notilater thanthe date.or dates on which such proceeds
will be needed for the purposes of this Bond Resolution. Subject to Section 12 hereof, any
me2received upon such investinent:shall be deposited in the,Projeet Fund and applied to
ft&to,Projee'or at the option oftheVi11age, deposited m *he Bond Fimd and used to
pay interest on the Bonds until completion oft e Project. Subject, to 12.,hereof, , after
the completion of the Project, any remaining balance of proceeds of the Bonds shall be
deposite n4� the BondFun4 and used solely to pay pnncipal ofthe Bond&
(h) The Project Fund shall be kept separate and apart from all other funds of the
Village and the moneys on deposit, therein shall be withdrawn, used. and applied by the
Village solely forthe purposes set forth herein.' Pending such application, the Project Fund
shall be subject to the lien ofthe Owners of the Bonds for the payment ofthe principal of and
ntereston the. Bonds:,
(I) The registered Owners shall have no responsibility for the use of the proceeds
ofthe Bonds, andktheuse of such Bond proceeds by the Village, shall in no way affect the
rights of such registered Owners. ThetVillage shall be obligated to apply the proceeds of the
Bonds solely for financing costs of the Project However, the, Village shall be irrevocably
'obligated to continue to pay the,principal of and;interest on the; Bonds notwithstanding any
failure of the Village to use and apply such Bond proceeds in the manner provided herein.
SECTION 11. FUNDS. Each of the funds and accounts herein established and created shall
constitute trust funds for the purposes provided; herein for such, funds and accounts respectively. The
`money in such funds and abcoiints shall be.corrtinuouslysecured in the same manner as deposits of
,Village funds areauthonzPd-to be secured by the laws of the State of Florida. Except as otherwise
provided herein, earnings; on any investments in anyamounts, on any of the funds, and accounts
herein established and created shall be credited to such respective fund or account.
The designation and establishment of the funds and accounts in and. by this Bond Resolution
shall not be construed to require the establishment of any completely independent, self -balancing
funds, as such term is commonly defined and used in governmental accounting, but rather is intended
solely to constitute an'earmarking of certain revenues and assets of the Village for the purposes
herein provided and to establish certain priorities for application of suck revenues and assets.
10
SECTION 12. INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH
INTERNAL REVENUE CODE OF 1986. The Village covenants to the Owners of the Bonds that
it will take all actions and do all, things necessary and desirable in order to maintain the exclusion
from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from
taking any actions that would cause interest on the Bonds to be included in gross income for federal
income tax purposes. In particular, the Village will not make or direct the making of any investment
or other use of the proceeds of the Bonds which would cause such Bonds to be "private activity
bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or
"arbitrage bonds" as that teuai is defined in Section 148 (oranysuccessor provision thereto) of the
Code, and all applicable regulations promulgated under the Code, and that it will comply with the
applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations
throughout the term of the Bonds.
SECTION 13. DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE. The Village
hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the
Code, and shall make all necessary filings in order to effectuate such election. The Village represents
that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on
behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt
obligations during calendar year 2002 and neither the Village nor any such entities expect to issue
tax-exempt obligations during calendar year 2002, other than the Bonds.
SECTION 14. ARBITRAGE REBATE COVENANTS. There is hereby created and
established a fund to be held by the Village, designated the "Village. of Key Biscayne Capital
Improvement Revenue Bonds, Series 2002 Rebate Fund" (the "Rebate Fund"). The Rebate Fund
shall be held by the Village separate and apart from all other funds and accounts held by the Village
under this Resolution and from all other moneys of the Village.
Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the
Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants,
if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date
of delivery of the Bonds (the "Rebate Covenants"), when such amounts, are so required to be
transferred. The Village Manager shall make or cause to be made payments from the Rebate Fund
of amounts required to be deposited therein to the United States of America in the amounts and at
the times required by the Rebate Covenants. The Village covenants for the benefit of the Owners of
the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys
and securities from time to time held therein and all investment eamings derived therefrom, shall be
excluded from the pledge and lien of this Resolution. The Village shall not be required to comply
with the requirements of this Section 14 in the event that the Village obtains an opinion of nationally
recognized bond counsel that (I) such compliance is not required in order to maintain the federal
income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement
is necessary to maintain the federal income tax exemption of interest on the Bonds.
M1070212_2
11
SECTION 15. SPECIAL COVENANTS.
(a) The Village shall, within one hundred eighty (180) days: of the end of each
fiscal year of the Village, deliver to the Bondholders a copy of the annual audited financial
ents of the Village. Within thirty (30) days of its final` -.adoption, the Village shall
to the Bondholders °a copy of the operating budget for each upcoming fiscal year of
the Village:
(5) (I) The Village hereby covenants that, so , long as the Bondsare
outstanding, it shall maintain a Debt Service Coverage Ratio (hereinafter defined)
equal to 1.25 to
(ii) The Village shall be permitted to issue additional Debt secured in the
same manner as the Bonds (as specified in Section.7 hereof), so long as on the date
of issuance of such additional Debt the Debt Service Coverage Ratio for the current
fiscal year of the Village is at least 1.25 to 1.
(iii) ' "Debt Service Coverage Ratio"' shall mean the ratio of (a) all Non -Ad
Valorem!Revenues (as defined in Section 7 hereof) of the Village in the current fiscal
year of the Village plus any available cash balance in the General Fund, to (b) the
Debt Service corning due on the Bonds and all other Debt of the Village secured in
the same manner as the Bonds. (as specified in Section 7 hereof), plus, for purposes
of the calculation in (n) above only, the additional Debt.
(c) The total Debt of the Village, including amounts authorized but still not
drawn down under existing loan agreements and other contractual arrangements with banks
and other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed
the greater of:
'(I) one percent (1%) of the total assessed value of all property within the
Village as certified by the Miami -Dade County Property Appraiser for thecurrent
fiscal year; or
(ii) that amount which would rause annual Debt Service to equal fifteen
percent (I5%) of General Fund expenditures for the previous fiscal year.
(d) As used i n t his S ection 1: 5, the following terms s hall h ave the m eaning
ascribed to them in this subsections
(I) "Debt" shallmean any obligation of the Village, to repay borrowed
money however evidenced since the date of its incorporation regardless of tenor or
term for which it was originally contracted or subsequently converted through
M1070212_2 12
refinancing or novation, except (A) any obligation required to be repaid in less than
a year and which was incurred solely for emergency relief of natural disasters, or (B)
that portion of any obligations for operations which are financed and operated in an
independent; self-liquidating <manner and recovered entirely through currently
collected user fees and charges.
(ii) . - "Debt Service" shall include, without limitation thereto, scheduled
interest payments, repayments of principal and all financial fees arising from Debt
or from the underlying contractual obligations, whether as originally incurred or
subsequently defened or otherwise renegotiated.
(iii) "General Fund" shall mean any and all revenues of the Village, from
whatever source derived, except those revenues derived from special assessments,
user fees and charges and designated as a separate fund to, finance goods and services
to the public_
SECTION 16, COVENANTS BINDING ON VILLAGE AND SUCCESSOR. All covenants,
stipulations, obligations and agreements of the Village contained in this Resolution constitute a
contract between the Village and the Owners of the Bonds and shall be deemed to be covenants,
"'s stipulations, obligations and agreements of the Village to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations and agreements shall be binding upon the
successor or successors thereof from . time to time and upon the officer, board, body or commission
• to whom or to which any power or duty affecting such covenants, stipulations, obligations and
agreements shall be transferred by or in accordance with law.
Except as, otherwise provided in this Resolution, all rights, powers and privileges conferred
,and duties and liabilities imposed upon the Village or upon the Village Council by the provisions
of this Resolution shall be exercised or performed by the Village Council or by such officers, board,
body or commission as may be required by law to exercise such powers or to perform such duties.
No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a
covenant, stipulation, obligation or agreement of any present or future member of the Village
Council or officer, agent or employee of the Village in his or her individual capacity, and neither the
members of the Village Council nor any officer, agent or employee of the Village executing the
Bonds shall be liable personally on the Bonds: or be subject to any personal liability or accountability
by reason of the issuance thereof.
SECTION 17. EVENTS OF DEFAULT. Each of the following events is hereby declared
an "event of default":
(a) payment of the principal of or amortization installments of any of the Bonds
shall not be made when the same shall become due and payable; or
M1070212_2 13
(b) payment of any installment of interest on any of the Bonds shall not be made
when the same shall become due and payable; or
(c) -the Village shall default in the due and punctual performance of any covenant,
condition, agreement or provision contained in the Bonds or in this Resolution (except for
a default described in subsection (a) or (b) of this Section) on the part of the Village to be
performed; and such default,shall continue for sixty (60) days after written notice specifying
such default and requiring same to be remedied shall have been givento the Village by any
Owner of any Bond; pr'ovid'ed -that it shall not constitute an event of default if the default is
not one that can be cured within:=.such sixty (60) days, as, agreed by the Bondholders and the
Village, and the Village commences within such sixty (60) days and ; in the sole judgment
of file Bondholders, is proceeding diligently with action to correct such default; or
"(d) any proceedingshail beinstituted with or.without the consent of the Village
under federal bankruptcy laws or other federal or state laws affecting creditors' rights or any
proceeding shall otherwise be instituted fpr the purpose of effecting a composition between
the Village; and, its creditors or for the purpose ofadjustirg the claims of such creditors
pursuant toany federal or state statute now or heieaftcr enacted andsany such proceeding
shall not have been dismissed with`prej udice,within thirty'(3;0}days after the institution of
the' same. 'k
Q
SECTION 1$. REMEDIES: RIGHTS OF BONDHOLDER& kjponthe .occurrence and
continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may CI
pursue any available remedy by suit, at law or w equity to enforce the payment:of the principal of
and interest on the Bonds then outstanding.
No delay or omission to exercise anyright or power accruing upon: any default or event of
default shall impair any such right or Power orshall be construed to be waiver of any such default
or event of default or acquiescence therein;• and every such right and power may be exercised from
time to time and as often as may be deemed expedient No waiver of any event of default hereunder
shall extend to or shall affectany subsequent'eventofdefaultor shall impair anyrights or remedies
consequent thereon
The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors,
officers, employees and agents from and against any losses, claims, damages, liabilities and expenses
(including, without limitation, counsel fees and expenses) which may be incurred in connection with
enforcement of the provisions of this. Resolution and the Bonds.
SECTION 19. DEFEASANCE.
(a) The covenants, liens and pledges entered into, created or imposed pursuant to this
Resolution maybe fully discharged and satisfied with respect to the Bonds in any one or more of the
following ways.
M1070222_2 14
(I) by paying the principal of, prepayment premium, if any, and interest on the
Bonds when the same shall become due and payable; or
(ii) by depositing with an escrow agent certain moneys irrevocably pledged to the
payment of the Bonds, which together with other moneys lawfully available therefor, if any,
shall be sufficient at the time of such deposit with the escrow agent to pay when due the
principal, prepayment premium, if any, and interest due and to become due on said Bonds
on or prior to the prepayment date or maturity date thereof; or
(iii) by depositing with an escrow agent moneys irrevocably pledged to the
payment of the Bonds, which together with other moneys lawfully available therefor, when
invested by the escrow agent in direct obligations of the United States of America which
shall not be subject to redemption prior to their maturity other than at the option of the holder
thereof, will provide moneys which shall be sufficient (as evidenced by a verification report
of an independent certified public accountant or firm of accountants) to pay when due the
principal, prepayment premium, if any, and interest due and to become due on said Bonds
on or prior to the prepayment date or maturity date thereof.
Upon such payment or deposit with an escrow agent in the amount and manner provided in
this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be
Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all
-liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged
and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or
securities so deposited with the escrow agent; provided, however, that (I) if any Bonds are to be
redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given
in accordance with the provisions of Section 2 hereof and (ii) in the event that any Bonds are not by
their terms subject to redemption with the next succeeding sixty (60) days following a deposit of
moneys with the escrow agent in accordance with this Section, the Village shall have given the
escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds
at their addresses as they appear on the registration books of the Village, a notice stating that a
deposit in accordance with this Section has been made with the escrow agent and that the Bonds are
deemed to have been paid in accordance with this Section and stating such maturity or redemption
date upon which moneys are to be available for the payment of the principal of, premium, if any, and
interest on said Bonds.
(b) Notwithstanding the foregoing, all references to the discharge and satisfaction of
Bonds shall include' the discharge and satisfaction of any portion of the Bonds.
(c) If any portion of the moneys deposited with an escrow agent for the payment of the
principal of, redemption premium, if any, and interest on any portion of the Bonds is not required
for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the
Village may use the amount of such excess free and clear of any trust, lien, security interest, pledge
or assignment securing said Bonds or otherwise existing under this Resolution.
M1070212_2
15
(d) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof
relating to use and investment of proceeds and rebate, amounts due to the United States pursuant to
the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds
or any portion thereof
SECTION20. SALE OF BONDS. Based upon the uncertainty of the interest rate
environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a
negotiated sale of the Bonds.The Village has been provided all applicable disclosure information
required by Section 218385, Florida Statutes. The negotiated sale of the Bonds is hereby approved
to the Bank at a purchase price of par.
SECTION 21, AUTHORITY OF OFFICERS_ The Mayor, the Vice Mayor, any member of
the Council, the Village, Manager, the Village Clerk, the Finance Director and any other proper
official of- the Village, are and each of them is hereby authorized and directed to execute and deliver
any and all documents and ;instruments, and to do and cause to be done any and.all acts and things
necessarytor proper for carrying out the transaction contemplated by this,Resolution and the other
documents identified herein.'
SECTION22. SEVERABILITY. In case any one or more of the provisions of this
Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds,
but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid
provision had not been contained therein. The Bonds are issued and this Resolution is adopted with
the intent that the laws of the State shall govern their construction.,
SECTION 23. PAYMENTS DUE ON SATURDAYS. SUNDAYS AND HOLIDAYS. In
any case where the date of maturity of interest on or principal,of the Bonds shall be a Saturday,
Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by Iaw
(including` executive orders) to close and are closed, then payment of such interest or principal need
not be made by the Village on such date but may be made on the next succeeding:business day on
which the banks in the State are open for business.
SECTION 24. OPEN MEETING FINDINGS. It is hereby found and determined that all
official acts of the Village Council concerning and relating to the adoption of this Resolution and
all prior resolutions affecting the Village Council's ability to issue the Bonds were taken in an open
meeting oft he Village Council and that all deliberations of the Village Council or any of its
committees that resulted in such official actswere in meetings open to the public, in compliance with
all legal requirements, including Section 286.011, Florida Statutes.
SECTION 25. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict
herewith, to the extent of such conflicts, are hereby superseded and repealed.
/LDS (�--
MAYOR ROBERT OLDAKOWSKI
SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 26th day of November, 2002.
ITA H. ALVAREZ, CMC, VILLAGE CL
APPROVED AS TO LEGAL FORM AND SUFFICIE
hih
RICHARD JAY WEISS, VILLAGE ATTORNEY
M1070212 2
17
No. R -
Registered Owner:
EXHIBIT "A"
UNITED STATES OF AMERICA
STATE OF FLORIDA
VILLAGE OF KEY BISCAYNE
CAPITAL IMPROVEMENT REVENUE BONDS
SERIES 2002
Principal Amount: The lesser of (I) $9,987,551 or (ii) the Advances made under the Resolution
(as hereinafter defined)
KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the
"Village"), for value received, hereby promises to pay to the Registered Owner shown above, or
registered assigns (the "Bank"), from the sources hereinafter mentioned, the Principal Amount
specified above or so much thereof as has been advanced and is outstanding Subject to the rights
of prior prepayment and redemption described in the Bond, the Bond shall mature on November 1,
2022. Payments due hereunder shall be made no later than 2:00 pa on the date due, freeand clear
of any defenses, set -offs, counterclaims or withholding or deductions for taxes.
This Bond is issued under authority of and in full compliance with the Constitution and laws
of the State of Florida, including particularly Part 11 of Chapter 166, Florida Statutes, as amended,
the Charter of the Village, Ordinance No. 2002-11 duly adopted by the Village Council of the
Village on October 22, 2002 (the "Ordinance") and Resolution No. 2002- adopted on
November 26, 2002 (the "Resolution", and collectively with the Ordinance, the "Bond Ordinance"),
and is subject to the terms of said Bond Ordinance. This Bond is issued for the, purpose of financing
a portion of the costs of construction and equipping of a community center, including a parking
garage and swimming pool, financing architectural, engineering, environmental, legal and other
planning costs related thereto, and paying costs of issuance of the Bonds. This Bond shall be payable
only from the sources identified herein.
Subject to adjustment as provided below, this Bond shall bear interest on the outstanding
principal balance from its date of issuance payable quarterly on the first day of each February, May,
August and November (the "Interest Payment Dates"), commencing February 1, 2003, at an interest
rate equal to 3.59% per annum to but not including November 1, 2012. Commencing on November
M1070212_2
1
1, 2012 through the maturity date of the Bonds (the "Second Interest Rate Period"), the interest rate
shall be adjusted to a rate equal to (A) the ten-year Federal Reserve interest rate swap rate (the
"Index Rate"), plus 110 basis points, divided by (B) 1.5054 (such divisor, however, being subject
to adjustment if any oftheevents specified below, providing for adjustments to interest rates, occurs,
so as to provide the Owners of the Bonds the same after-tax yield they would otherwise have had in
the absence of such occurrence) (the "New Interest Rate"). The "Index Rate" is currently published
at the website: http://federalreserve.gov/releases/h15/update.
Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 -
day months.
Adjustment of Interest Rate For Full Taxability. In the event a Determination of Taxability
shall have occurred during the Initial Interest Rate Period, the rate of interest on the Bonds shall be
increased to orate per annum equal to 5.5286%, and in the event a Determination of Taxability shall
have occurred duringthe Second Interest Rate Period, the rate of interest on the Bonds shall be
increased to a rate per annum equal to the New Interest Rate times 1.54 (the "Taxable Rate"),
effective retroactively to the date on which the interest payable on the Bonds is includable for federal
income tax purposes in the gross income of the Owners thereof. In addition, the Owners of the
Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any
additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the
United States by the Owners or former Owners of the Bonds as a result of such Determination of
Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the
Village on the next succeeding Interest Payment Date following the Determination of Taxability. A
"Deteiuiination of Taxability" shall mean (I) the issuance by the Internal Revenue Service of a
statutory notice of deficiency or other written notification which holds in effect that the interest
payable on the Bonds is includable for federal income tax purposes in the gross income of the
" Owners thereof, which notice or notification is not contested with the Internal Revenue Service by
either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent
jurisdiction that the interest payable on the Bonds is includablefor federal income tax purposes in
the gross income of the Owners thereof, which determination either is final and non -appealable or
is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the
Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross
income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the
Village to the effect that interest on the Bonds is includable for federal income tax purpose in the
ross income of the Owners thereof.
Adjustment 'ofInterest Rate for Partial Taxability. In the event that interest on the Bonds
during any period becomes partially taxable as a result of a Determination of Taxability applicable
to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period
by an amount equal to: (A -B) x C where:
(a) A equals the Taxable Rate (expressed as a percentage);
M1070212_2
B equals the interest rate on. the Bonds (expressed as a percentage); and
C equals the portion of the Bonds the interest on which has become taxable
as the: result of such tax change (expressedas a decimal).
In addition, the Owners of the; Bonds or any former Owners of the Bonds, as appropriate,
shall be paid an amount equal to any additions to:tax, interest and penalties, and any arrears in
interest that are required to be paid to the United States by the Owners or former Owners of the
Bonds as a result ofsuch" Determination of Taxability. All such additional rnterest, addations to tax,
penalties and interest shall be paid by the Village on the next succeeding Interest „Payment Date
following the Detenntnation of Taxability.
Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that
the maximum of eotive federal corporate tax rate (the "Maximum Corporate Tax Rate") during any
period with respect to which interest shall be accruing on. the Bonds on a tax-exempt basis, shall be
other than thirty-five percent (35°4), the interest rate on the Bonds that are bearing interest on a tax-
exempt-4Dasis shall be adjusted. to the product obtained by multiplying the,interest rate then in effect
on the Bonds by a fraction equal -to (1-A,divided by 1-B), where A equals the Maximum Corporate
Tax Rate in effect asof the date of adjustment and B equals the Maximum Corporate Tax Rate in
effect immediately pnor to the date of adjustment
Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any
portion of the principal amount of the Bonds or interest thereon remains unpaid. (a) if any law, rule,
regulation or executiveorder, is enacted or promulgated by any public body or.governmental agency
which changes the basis of taxation of interest on the Bonds or causes areduction in; yield on the
Bonds (other than by reason of a change described above) to the Owners, or any former Owners of
the Bonds, including without limitation imposition of any excise tax or surcharge thereon, or (b)
if, as a result of action by any pubic body or governmental agency,; anypaynient is required to be
made by, or any federal, State, or local income tax deduction is decried to„the Owners or, any former
Owners of the Bonds (other than by reason, of a change described above for by reason of any action
or failure to act on` the part of any Owner or any former Owner (of the Bonds) by reason of the
ownership of the Bonds, the Village shall reimburse any suchOwner within five (5) days after
receipt by the Village of written demand for such payment, and the yillageagrees .to indemnify each
such Owner against any loss, cost, charge or expense with respect tp any such change: The
determination of the after-tax yield calculation shall be verifed,by a firm of,certified,public
accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to
the Village, and such calculation, in the absence of manifest error, shallbebinding on the Village
and the., Owners:
The principal of this Bond shall be subject to mandatory prepayment in quarterly installments
on each Interest Payment Date, commencing August 1, 2004 (each a "Scheduled Due Date"). The
schedule of principal and interest payments due on each Schedalpd Due Date shall be determined
on May 1, 2004, after the last Advance (as defined in Section 10(e).ofthe Resolution) has been made
M1070212_2 3
0
0
in accordance with Section' 10(a) of the Resolution. The schedule shall be detennined based on an
eighteen and one-half (18.5) year amortization schedule of substantially level payment of principal
and interest, with payments of principal and interest sufficient to fully amortize so much of the
principal amount of the Bonds as has been Advanced hereunder, with the final payment due and
payable on November 1, 2022.
In the event that there is more than one Owner of the Bonds, (I) the Village shall determine
the amount of each Bond to be redeemed, and (ii). the Village shall give notice to each Owner of the
Bonds at least three (3) days prior to the date of mandatory redemption of the amountof each Bond
to be redeemed.
The principal- of and interest on this Bond are payable in lawful' money of the United States
of America by wire transfer or by certified check delivered on or prior to the date due to the
registered Owner o r h is 1 egal representative a t the address oft he 0 wner as it appears on the
registration books of the Village.
This Bond is subject to optional prepayment, upon thirty (30) days written notice to the
Owners of the Bonds, in whole or in part at any time at par, plus accrued interest to the date of
prepayment.
The Village has covenanted and agreed in the Bond Ordinance to appropriate in its annual
budget, by amendment, if necessary, from Non -Ad Valorem Revenues (as defined below) lawfully
available in each, fiscal year, amounts sufficient to pay the principal and interest due on the Bonds
in accordance with their terms during such fiscal year. "Non -Ad Valorem Revenues" means all
revenues of the Village derived from any source other than ad valorem taxation on real or personal
property which are legally available to make the payments required under the Bond Ordinance, other
than (1) Public Service Taxes authorized by Part Ill, Chapter 166, Florida Statutes, and received by
the Village pursuant to Section 25-50 et seq. of the Village Code and (u) Stormwater Utility Fees
as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 93-11
adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A); but only
after provision has been made by the Village for the payment of all essential or legally mandated
services not otherwise provided for by ad valorem taxes. Such covenant and agreement on the part
of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be
cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other
legally` available funds in amounts sufficient to make all such, required payments shall have been
budgeted, appropriated and actually paid Notwithstanding the foregoing covenant of the Village,
the Village does not covenant to maintain any services or programs, now provided or maintained by
the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate
does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the
Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village
to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a
prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the
Village. Such covenant to appropriate Non -Ad Valorem: Revenues is subject in all respects to the
M1070212_2 4
payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or
hereinafter entered into (including the payment of debt service on bonds and other debt instrurnents).
However, the covenant to budget and appropriate in its general annual budget for the purposes and
in the manner stated rn the Bond'Ordinanee shall have the effect of making available in the manner
described herein Non -Ad Valorem Revenues and placing on the Village appositive duty, to
appropriate.and budget, by amendment; if necessary, amounts sufficient to meet its obligations under
the BendOrdinance, subjdbt,.however, in ail -respects to the terms of the Bond.Ordinanee and the
restrictions of Section 166.241(3), Florida Statutes, which provides;, in part, ,that the governing body
of eachginunicipality make ;appropriations- for.eaeh fiscal year which, in; any, one year, shall not
exceed the amount. to be received from taxation or other revenue sources, and subject further.,, to the
payment of services and programs which are for essential publicpurposes affecting the health,
wel#areand ttetybfithe inhabbitants »f the Pillage or which arelegally tnandated,,by applicable law.
THIS BOND SHALL NOT ;BB DEEMED TO CONSTITUTE AN INDEB1 EDNESS.OF
THE VILLAGE OR API .FDGE OF THE FATTI AND CREDIT OF THE VILLAGE, ,BIJT SHALL
BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM
REVENJJES OF THE'VILI AGE.;THE ISSUANCE OF THIS BONDaSRIALLNOT DIRECTLY
OR INDI12EUI EY [OR CONTINGEN;1;LY OBLIGATE THE VILLAGE ?,O LEVY OR TO
PJ .FDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SI ALL.THIS BOND
CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON
ANY PROPERTY OI'''TIIE VILLAGE AND THE HOLDER OF "l HHIS BONDASHALTi.,HAVE NO
RECOURSE TO THE POWER OF -TAXATION:
o The' originali`registered Owner, and eachsuccessive registered Owner of this Bond shall be
conclusi ly deemedto have, agreed and consented to the following terms and. conditions:
1. to The, Village shall keep books for the registration of Bonds and for the
registration of transfers of Bonds as provided in the Resolution. Bonds may be transferred
or.exchanged upon the registration books kept by the Village, upon delivery to the Village,
together with: writtemiiistructions as to the details of the transfer or exchange, of such Bonds
inform satsfactoryto the Village and witltguaranty of signatures satisfactory to the Village,
along -With Me social security number or federal, employer identification number of any
transferee, and; if, the transferee is a trust, the name and social securiity or federal tax
identification numbers of the settlor and beneficiaries of the;trust, the date of the trust and
the name of, the trustee. The Bonds may be exchangerfor Bonds of the same principal
amount and niaturityand denominations in integral multiples of $250,000,Iexeept that an odd
lot is peinritted to complete the outstanding principal balance), No transfer or excchange of
any Bond shall"be effective until entered >on,the registration books maintained by the Village.
2: The Village may deem and treat the personin;whose name any Bond shall be
registered uponthe books of the Village as the absolute, Owner of such Bond, whether such
Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the
principal of andinterest on such Bond as they become due, and for all other purposes. All
M1070212_2 5
0
such payments so made to any such Owner or upon his order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
3. In all cases in which the privilege of exchanging Bonds or transferring Bonds
is exercised, the Village shall execute and deliver Bonds in accordance with the provisions
of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but
the Village may require payment of a sum sufficient to pay any tax, fee or other
governmental charge required to be paid with respect to, such exchange or transfer. The
Village shall not be required to transfer or exchange Bonds for a period of fifteen (15) days
next preceding an interest paymentdate on such Bonds.
4. All Bonds, the principal and interest of which has been paid, either at or prior
to maturity, shall be delivered to the Village when such payment is made, and shall
thereupon be cancelled. In case part, but not all of an outstanding Bond shall be prepaid, such
Bond shall not be surrendered in exchange for a new Bond.
It is hereby certified and recited that all acts, conditions and things required to happen, to
exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and
have been performed in due time, form and manner as required by the Constitution and the laws of
the State of Florida applicable thereto.
IN WITNESS. WHEREOF, the Village of Key Biscayne, Florida has caused this Bond to
be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal
of the Village of Key Biscayne, Florida or a facsimile thereof to be affixed hereto or imprinted or
reproduced hereon, all as of the day of , 2002.
VILLAGE OF KEY BISCAYNE, FLORIDA
Mayor
Village Clerk
(SEAL)
M1070212_2 6
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned (the
"Transferor"); hereby sells, assigns and transfers unto (Please
insert name and Social Security or Federal Employer identification number of assignee) the within
Bond and ' all "rights thereunder, and hereby irrevocably constitutes and appoints
(the "Transferee') ') as attorney to register the transfer of the within
Bond on the books., kept for registration thereof, with full power of substitution in the premises.
Date
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of
the New York Stock Exchange or
a commercial bank or a trust company
Social Security Number ofAssignee
NOTICE: No transfer will b e registered a nd n o new B and w ill b e issued in t he n ame o f t he
Transferee, unless the signature(s) tothis assignment corresponds with the name as it appears upon
the face of the within Bond in every particular, without alteration or enlargementor any change
whatever and the Social Security or Federal Employer Identification Number of the Transferee is
supplied.
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM.- as tenants in common UNIT GIF MIN ACT -
(Cust.)
TEN ENT - as tenants by
the entirety
ST TEN - as joint tenants with
right of survivorship and
not as tenants in common
Custodian for
(Minor)
under Uniform Gifts to Minors
Act of
(State)
Additional abbreviations may also be used though not in the list above.
M1.070212_2 7
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RESOLUTION NO: 2002-47a
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
OPTION "2" AS INDICATED IN THE ATTACHED PLANS
SHOWING THE LOCATION OF A BUS SHELTER;
DIRECTING THAT ARCHITECTURAL AND ENGINEERING
PLANS BE COMPLETED AND THAT THE PROJECT BE
PUT OUT TO BID; PROVIDING, FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council has directed that plans showing the location of a bus shelter
be prepared near the vicinity of the northern limits of the Village; and
WHEREAS, Edward Muhina, architect for the project, has infouued staff that locating the
bus shelter outside of the Village limits is not practical due to the location of mature trees, utilities,
and the extended walking distance; and
WHEREAS, two options ("I" and "2") for sitiing a bus shelter have been prepared showing
the location of a bus shelter at the approximate location of the current bus stop along with a typical
elevation.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is directed to cause the preparation of architectural
and engineering plans for a bus shelter as sited and designed in the attached plans prepared by
Eduardo H. Muhna and labeled as Option "2".
Section 2. The Village Manager is directed to obtain bids for the construction of a bus
shelter as set forth in paragraph (1) above.
Section 3. The Village Council shall review the bids and consider the award of a
construction contract.
Section 4. That the Village Manager and Village Attorney are hereby directed to
implement this Resolution.
Section 5> This resolution shall take effect immediately upon adoption.
PASSED AN17 ADOPTED this 22nd day of October , 2002.
<
CHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUF
1
VILLAGE ATTORNEY
MAYOR:JOE1. RASCO
RESOLUTION NO. 2002-47
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING
CIVIC CENTER PROJECT (THE "PROJECT"); APPROVING
AMENDMENT TO AGREEMENT BETWEEN OWNER AND
CONSTRUCTION MANAGER (THE ""AMENDMENT TO
AGREEMENT") BETWEEN THE VILLAGE OF KEY
BISCAYNE (THE "VILLAGE") AND JAMES A. CUMMINGS,
INC. (THE "CONSTRUCTION MANAGER") TO PROVIDE
FOR THE CONSTRUCTION OF THE VILLAGE OF KEY
BISCAYNE COMMUNITY CENTER (THE "COMMUNITY
CENTER"); APPROVING ARCHITECT'S CONSTRUCTION
PLANS FOR COMMUNITY CENTER; APPROVING
GUARANTEED MAXIMUM PRICE (THE "GMP") FOR
COMMUNITY CENTER; AUTHORIZING ADDITIONAL
WORK ITEMS FOR COMMUNITY CENTER, INCLUDING
TELEPHONE SYSTEM AND TELEPHONES, FPL, DATA
CABLING AND SYSTEMS; ` PROVIDING FOR
ENHANCEMENT OF LANDSCAPING AT CIVIC CENTER
SITE; AUTHORIZING EXECUTION OF AMENDMENT TO
AGREEMENT; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") has previously entered into an
Agreement Between Owner and Construction Manager (the "Agreement") with James A. Cummings,
Inc. (the "Construction Manager"), concerning construction of the Village Community Center,
Village Fire Station, Police Station and Administrative Office of the Village; and
WHEREAS, the Construction Manager has completed or is presently engaged in completing
construction of the Village Fire Station, Police Station, and Administrative Office of the Village; and
WHEREAS, in order to provide for the installation of mature landscaping for the
overall Civic Center Site, as part of the previously approved Site and Site Infrastructure Work, it is
necessary to increase the landscaping budget by $106,017.00 of additional authorized expenditures;
WHEREAS; the Village Council now desires to proceed with the construction of the
Community Center; an
WHEREAS, the Construction Manager has provided a guaranteed maximum price (the
"GMP") for the Community Center, which is based upon the construction plans (the "Plans")
prepared by Robert G. Currie Partnership, Inc. (the "Architect"); as referred to in the GMP; and
WHEREAS, the Village Council, pursuant to Resolution No. 2002-31, has previously
approved the siteplan for the Community Center; and
WHEREAS, on October 22; 2002, the Village Council has enacted Ordinance No. 2002-10,
as the CapitalProjeot Authorizing Ordinance for the Community Center; and.
WHEREAS, the Village Council finds that the GMP is acceptable, and that approval of the
Amendment to Agreement is in the best interest of the Village; and,
WHEREAS, the Village Council desires to authorize necessary additional work items to be
accomplished by the Village directly, through other contractors and providers, rather than through
the Construction Manager, consisting of telephone systems and telephones, FPL, data cabling and
systems.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals stated above are hereby adopted and
confirmed.
Section 2. Amendment To Agreement Approved. That the Amendment to Agreement
between Village and Construction Manager, in substantially the form attached hereto, is hereby
approved, and the Village Manager and Village Clerk are hereby authorized, in their respective
Section 3.
capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to
legal form and sufficiency by the Village Attorney.
Community Center Plans Approved. That the Plans prepared by the
Architect, a copy of which are on file in the Office of the Village Clerk, are hereby approved.
Section 4. Community Center GMP Approved. That the GMP, in the amount of
$9,818,670.00 as provided by the report of the Construction Manager, dated October 17, 2002, a
copy of which is on file in the Office of the Village Clerk, is hereby accepted and approved.
Section 5. Additional Work Items for Community Center. That the Village shall
directly arrange, through other contractors and providers, for the installation of telephone systems
and telephones, FPL, data cabling and systems, as necessary for the Community Center facility, in
the total amount of $154,241.00.
Section 6. Enhancement of Landscaping. That the landscaping budget for the
previously authorized Site and Site Infrastructure Work for the Civic Center Site is hereby increased
by $106,017.00.
Section 7. Implementation. That the Village Manager is hereby authorized to take all
action necessary to implement the Amendment to Agreement and this Resolution, and is directed to
proceed with all necessary actions to construct the Community Center.
Section 8. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 22nd day of October, 2002.
MAYOR JOE L RASCO
CONCUIITA H. ALVAREZ, CMC,,VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFIC
VILLAGE A.
1030011 resolutions \constructio of,..mmunity center
AMENDMENT TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER
PROJECT NO.:
PROJECT NAME
AND LOCATION:
VKB-98069000
Village Community Center (Recreation Center)
Village Fire Station, Police Station, and
Administrative Office of the Village of
Key Biscayne, Florida (the "Project")
AMENDMENT NUMBER #5 (Community Center GIMP of$9,818;670:00)'
THIS AMENDMENT made this 22nd day of October in the year Two Thousand and Two
By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and
James A. Cummings, Inc.
a Florida Corporation
3575 Northwest 53rd Street
Ft. Lauderdale, FL 33309
Phone: (954)733-4211, Fax (954)485-9688, Federal Tax ID. Number: 59-2098732,
(the "Construction Manager").
WHEREAS, the Owner (as ,a direct signatory and through its former agent, the Department of
Management Services of the State of Florida (the 'DMS")) has previously entered into the
Agreement between the Owner and Construction Manager; and
WHEREAS, the Agreement has previously been revised by Amendment nos. 1, 2, 3 and 4; and
WHEREAS, it is now necessary to revise the Agreement to: commence the construction of the
Community Center, and to provide the guaranteed maximum price (the "GMP") for the
Community Center; to provide for enhanced landscaping for the Village Civic Center Site and
Site Infrastructure Work (Phase 1, 2, 3 and 5) which was previously approved; and to delete
references to DMS as agent for the Owner, as to the Community Center component of the
Project.
NOW, THEREFORE, in recognition of the good and valuable consideration provided by the
covenants hereof between the parties, the Owner and the Construction Manager hereby covenant
and agree to amend the Agreement o. proceed with the construction of the Community Center;
revise the GMP for the Project by including the Community: Center; to identify the drawings,
specifications and other documents upon which the GMP is based; and to otherwise revise the
Agreement, as follows:
(1) Guaranteed Maximum Price — the revised Guaranteed Maximum Price (GMP),
including the GMP for construction of the Community Center, and for construction of
Project VKB-98069000, Village Community Center, Village Fire Station, Village Police
Station, and Administrative Office of the Village, as defined in Article 7.1 of said
Agreement shall be
$23,070,993.00 (which includes the $9,818.670:00 GMP for the Community Center)
(2) Drawings and Other Supporting Documents — in addition to the drawings,
specifications and other supporting documents tentified in previous amendments (No. 1,
2, 3 and 4) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of
the Project, is- based upon the following,drawings and other supporting documents,
a. GMP proposal, dated October 17,2002, from James A. Cummings, Ine, which is
attached hereto as Exhibit "A."
b Drawings entitled "Village of Key Biscayne Recreation Center' prepared by
Robert -G: Currie Partnership, Inc:, as listed inExhibit "A."
c. The revised Project Budget which is attached hereto as Exhibit "B."
Elimination of Agent — the DMS is hereby eliminated as the agent of the Owner
concerning the construction of the Community Center. Owner may subsequently appoint
a new construction program representative.
Electoral Measures Concerning Community Center - That in the event that:
a A referendum measure is adopted at an election by the majority of electors of the
Village voting on such measure, which operates to repeal the Village's October 22,
2002, borrowing ordnance (Ordinance No.. 2002-11) which provides funding for the
construction and equipping of the Community Center; or
b. A referendum or initiative measure is adopted, at an election by the majority of the
electors of the Village voting on such measure, which repeals. the Village's October
22, 2002, Community Center Capital Project Authorizing Ordinance (Ordinance No.
2002-10) or otherwise operates toprohibit the construction of the Community Center
in accordance with the previously approved site plan;
the Village Council shall have the authority, within 30 days after any such event, to
terminate the Agreement, as such Agreement pertains to the Community Center, by
providing written notice of termination to the. Construction Manager. In the event of such
termination, the Village shall not be liable to Construction Manager for payment of any
supplemental compensation, penalties, damages, loss of profits, termination fee or
demobilization fee, as a result of such termination, and the Construction Manager shall
only be paid by Village in accordance with the Agreement, for the portion of the work for
2
0
0
0
(5)
the Community Center which has been performed up to the time of termination of the
Agreement Nothing in this paragraph shall relieve Construction Manager of the
responsibility to complete all work remaining to be done pursuant to the Agreement for
work which is not part of the Community Center component of the Civic Center Project,
nor shall it relieve the Village from the responsibility to pay for such remaining work in
accordance with the Agreement.
Changes in Agreement — various changes are required to the exhibits and articles of the
Agreement to reflect the amendments described herein. It is agreed that the articles and
exhibits of the Agreement shall be deemed to be amended to provide the following:
a Deletion of the services of the DMS for the Community Center component of the
Proj ect;
b_ Establishment of the GMP for the Community Center in the amount of
$9,818,670.00; and establishment of the revised GMP for the Project (including the
Community Center) of $23,070.993.00.
c. Amend Sec. 8.1.2 of the Agreement by including the following:
8.1.2 Construction Phase Fee (Community Center) -prior to conunencement of the
Construction Phase, the Owner will direct the Construction Manager in writing to
proceed into the Construction Phase. The Construction Manager's compensation for
work or services performed during the Construction Phase shall be a fee of
$564,455.00 (However, the Owner retains the right to review the need and
effectiveness of any employee or employees assigned by the Construction Manager,
should the Project Director question the need for the employee or employees). The
Construction Phase Fee shall be invoiced and paid in 13 monthly payments of
$40,300.00 each and 1 final monthly payment of $40,555:00. The first monthly
payment shall become due thirty days following the issuance of the first Construction
Authorization by the Project Director and the final monthly' payment shall be paid
only when construction of the Community Center portion of the project is finally
completed and occupancy is accepted by the Owner. If construction is authorized
only for a part of the Community' Center, the fee paid" shall be proportionate to the
amount of work authorized by the Owner.
(1)(a) Adjustments in Fee (Community Center) — for changes in the Community
Center portion of the project as provided in Article 10, the construction phase
fee shall be adjusted as follows:
(i) The Construction Manger shall be paid an additional fee subject to
negotiation if the Construction Manager is placed in charge of
reconstruction of an insured or uninsured loss excluding any condition that
may have been caused from negligent acts by the Construction Manager.
3
(ii) Should the duration of' the construction stipulated herein for Final
Completion extend beyond 14 months after the Notice -To -Proceed, receipt
of final drawings, and specifications, or receipt of all necessary permits,
whichever is later, due.; to no fault of the Construction Manager, the
Construction Manager's Additional ConstructionPhase Fee will be
$1,833.00 per working day, for each day or portion, thereof. The
Construction Manager's staff during such time extensions shall be that
shown in Exhibit H.
(iii)The Construction Manager=will not be due any additional Overhead and
Profit on increases in the Guaranteed Maximum Price (GMP) that do not
exceed, $285,000.00 Should 3theGI%W be increased by;. more than
$285.000.00 under the terms of Article 10 hereinafter due to no fault of'
the Construction Manager, the Construction Manager's additional
Overhead and ,,Profit for the Construction Phase will he 4.5% of that
portion, of the,accuinulaiive increases in the GMT' that exceed the GMP by
more than $285 000.00.
Construction Manager's Exclusive Remedy:: In ,the event the construction
Substantial or Final Completion date is extended, regardless of whether delay
is caused byany actor neglect of the. Owner, or the. Architect -Engineer; or is
attributable, to the Owner er. the ArchitectEngineer, the Construction
Manager's; sole and exclusive remedy is an extension of the construction
completion, date and payment of additional Construction Phase fees and
Overhead , -and Profit for Construction Phase asaprovldedi above.
d. Enhancement of the landscaping component of the Site and •Site Infrastructure Work
(Phase 1, 2, 3 and 5) in,the amount ef an additional,$106;017.0O.
(6) Effect 0» Agreement - ,except as provided above, the articles and exhibits of the
Agreement which.are not affected by the amendments provided for herein shall remain in
full force and effect.:
IN WITNESS WHEREOF,; the parties have executed this Amendment the day and year first
written above.
Attest:
By: Valk.;
Corporate Secretary
JAMES A. CUMM.INGS, INC.
William R. Derrer, Corporate President
James A. Cummings, Inc.
4
0
By:
Village Attorney
By �✓1
/054 TT�Jj ce`ii a
(print name)
VILLAGE OF KEY BISCAYNE
Village Clerk
Approved as to form and legal sufficiency:
/ -1/7.-4
o agre
10300flagreements\amend
between owner and construction manager
October 17, 2002
James A. Cummings, Inc.
3575 Northwest 53rd Street
Fort Lauderdale, FL 33309
Phone: 954-733-4211
Fax: 954-485-96B8
Website:
www.jamesecu mmings.cam
Village of Key Biscayne
85 West Mclntyre Street
Key Biscayne, Florida 33149
Attn: Ms. Jackie Menendez, Village Manager
Re: Village Of Key Biscayne Recreation Center
Guaranteed Maximum Price Proposal
Dear Ms. Menendez,
Our Guaranteed Maximum Price Proposal for the Village Of Key Biscayne Recreation Center is
$9,818,670.00 Enclosed herewith please find the Guaranteed Maximum Price Proposal,
including the General Conditions. and'the Construction Manager's Fee; the Qualifications and
Clarifications; the List of Documents upon which this Fstimate is based and the proposed
Schedule.
Very truly yours,
JAMES A. CUMMINGS, INC-
JiC�iaelF. Lanciault
Senior Vice President
CC: Jud Kurlancheek
James A. Cummings
William R. Derrer
Scott Pate
Rob Maphis
Robert Currie
Jose Avila
1
VILLAGL )KEY BISCAYNE
FZECREATION CENTER INCLUDING SWIMMING POOL & GARAGE"
1110
VILLAGE OF KEY BISCAYNE
RECREATION CENTER
ARC' 17EC'I: RODERT C. CURRIE PARTNERSHIP, INC,
GMP PROPOSAL DATES OCTOBER 17, 2002
1
GENERAL CONDITIONS"
SEE WINDOW
00320 SOIL INVESTIGATION DATA REPORT BY WINGERTER LAB.
0040
01050 FIELD ENGINEERING
1.1.13.2 FINAL PROPERTYSURVEY
01210 OWNER ALLOWANCES
1; VISUAL AID BOARDS (CHALK, MARKER, TACK, ETC.)
2, INTERIOR_SIGNAGE
3.RESIDENTIAL APPLIANCES & EQUIPMENT
4. WINDOW SHADES & TREATMENTS
5. ROCK CLIMBING WALL - DELETED NOT IN CONTRACT
7, MISCELLANEOUS ACCESSORIES
8. ON.SITE LANDSCAPING/SOD/IRRIGATION
9. EXTERIOR-SIGNAGE
10. BUILDING`SECURITY & CCTV WIRED RACEWAY SYSTEM
11. TELEPHONE AND DATA EMPTY RACEWAY SYSTEM
12, SOUND SYSTEM W/ WIRELESS MICROPHONE
13, CLOCK SYSTEM
14,CABLEIITV TELEVISION SYSTEM
15. UPS STAND ALONE UNITS -15 EACH
18, PARKING EQUIPMENT
17,CEILING FANS
- . 18: TOWER CLOCKS= 3'EACH
NO SYNC CONSTRUCTION PHOTOGRAPHS
01400 QUALITY CONTROL BY OWNER
2 NO SPEC' DEMOLITION, REMOVALS AND RELOCATION
SURFACE DEMOLITION ONLY
COORDINATION DRAWINGS
3 02220 SITE PREP, EXCAV, & EARTHWORK FOR FOUNDATIONS
1.1.F PROTECT EXISTING WORK TO REMAIN
.1 PROTECT TREES & DISPOSE OF ALL REMOVED TREES
DRWGS, TREE RELOCATION
,4 ":TRENCH SAFTY -
/200210:56 AM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0.
0
0
0
o
0
0
0
0
0
0
0
0
0
0
0
0
NIC
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0.
6
0
0
0
358,011
0
0
0
2,500
0
0
0
0
3,500
4,000
5,000
7,500
NIC
10,000
75,600
5,000
30,000
20,000
30,000
10,000
20,000
4,500
10,000
2,500
30,000
0
0
0
0
0
0
0
0
19,713
0
0
0
0
JAMES A. CUMMINGS, INC.
0
358,011
0
0
0
2,600
0
0
0
0
3,500
4,000
5,000
7,500
0
10,000
75,000
5,000
30,000
20,000
30,000
10,000
20,000
4,500
10,000
2,500
30,000
0
0
0
0
0
0
0
0
19,713
0
0
0
0
BY OWNER
INCLUDED IN GENERAL CONDITIONS
INCLUDED IN GENERAL CONDITIONS
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
DELETED BY OWNER
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNERS ALLOWANCE
OWNER$ ALLOWANCE
. OWNERS ALLOWANCE
INCLUDED IN GENERAL CONDITIONS
.NIC- BY OWNER
INCLUDED 111 SITE CLEARING
INCLUDED IN SITE CLEARING
MARKS BROTHERIBONDED
INCL
/NCI.
NIC- BY OWNER
INCL
TOTAL AREA
75,483 SF
0
350,511
0
0
0
2,500
0
0
0
0
3,500
4,000
5,000
7,500
0
10,000
75,000
5,000
30,000
20,000
30,000
10,000
20,000
4,500
10,000
2,500
30,000
0
0
0
0
0
0
0
0
10,713
0
0
0
0
0,00
0,00
0.00
0,00
0.05
0.07
0.10
0.00
0.13
0.99
0.07
0,40 'f
0,27
0.40
0.13
0.27
0.06-
0;13
0,03
0.40
0.00
0:00
0.00
0,00
0.00
0.00
0,00
0,00
0,28'
0,00
0.00
0.00
0.00
VILLAGE OF KEY BISCAYNE
RECREATION CENTER
ARCHITECT; ROBERT O. COME PARTNERSHIP, INC.
GMP PROPOSAL DATE: OCTOBER 17, 2002
.7 EROSION CONTROL
REMOVEAND DISPOSE. OF SURFACE LITTER AND DEBRIS
DRWGS, STRIP EXISTING 2' ONLY UNDER NEW BUILDINGS
1.2A FILL MATERIALS
1.3.A.1 IDENTIFY R FLAG EXISTING UTILITIES
CLEARING &GRUBBING
DRWGS REMOVE EXISTING ASPIIALT & CONCRETE SURFACES
.4 PROOFROLL SUBGRADE1N ACCORDANCE WITH SOILS REPORT
1.3.8 SITE FILLING AND COMPACTION.
1.3.0 EXCAVATION AND COMPACTION
EXCAVATION FOR STRUCTURES
1.3.0 DEWATERING
GROUNDWATER -MAINTAINED 241' BELOW FOUNDATIONS
SHEET PILING
1:3.E BACKFILL UNDER 0. AROUND BUILDING AREA
DISPOSE 0,B EXCESS. MATERIALS OFF SITE - -
1.3.F SITE GRADING
1:9.6 TESTING BY OWNER + NIC
' 1.3.H.2 HAND OPERATED COMPACTORS. WITHIN 6' OF WALLS
SEE EARTHWORK WINDOW
4 NO SPEC ASPHALTIC CONCRETE PAVING
SUBGRADE STABILIZATION
BASE COURSE LIMEROCK 6
PRIME & TACK COATS
ASPHALTIC CONCRETE 1 112" TYPE 3-111
TESTING BY OWNER
LAYOUT AND AS-BUILTS
PATCH: STREET AT NEW WATER 8. SEWER
NO SPEC PORTLAND CEMENT CONCRETE PAVING
BASE COURSE 12" STABILIZED' SUB -GRADE
CONCRETE- 650 PSI FLEX
JOINT SEALER
. PREMOLDED EXPANSION JOINT FILLER
MAXIMUM DEVIATION or 114" IN 10'
SAWCUT CONTRACTION JOINTS
TESTING BY OWNER
NO SPEC CONC. SIDEWALKS, CURBS & WHEEL STOPS
PRECAST CONC. WHEEL STOPS
TESTING BY OWNER.'
EY BISCAYNE
' ECFEEATION CENTER INCLUDING SWIMMING POOL S GARAGE
11
0
0
0
0
0
0
0
0
0
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
a
0
0
0
0
0
0
0
0.
0
0
0
0
9
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0"
0
0
0
0
0
0
0.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
405,445
0
0
57,083
0
0
0
0
0
0
0
0
0 0
0 0
o 0
o 0.
0 0
0 0
0. 0
0 0
0 0.
0 0
0 0
O 0
0 0
C:0 - -. -0.
O 0
0 0
0 0
0
0
0 -
0
0
0
0
0
0
O/t71200210:56 AM JAMES A. CUMMINGS, INC.
0 0
405,445
0
0
157,003
0
0
0
0
0.
0
0
0
TOTAL AREA..
75,483 SF
INCL 0
INCL 0
INCL 0
INCL 0
'INCL 0
INCL 0
INCL -.. 0
".INCL
INCL
MARKS BROTHER/BONDED
INCL
HJ FOUNDATIONS/ BONDED
INCL
INCL
"INCLUDED IN SITECLEARING
-, 'NIC•B6.OWNER'
INCLUDED IN SITE -CLEARING
INCLUDED IN CONCRETE
NONE SHOWN( NONE _INCLUDED`
NONE SHOWN( NONEINCLUDED
NONE SHOWN! NONE INCLUDED'
NONE SHOWN/ NONE INCLUDED
NONE SHOWNI NONE INCLUDED
NONE SHOWN(NoNE EllowN/ NONE INCLUDED
SONE SNOWNt NONE INCLUDED
NONE SHOWN/ NONE INCLUDED
INCLUDED IN SITE UTILITIES
INCLUDED IN CONCRETE'
INCLUDED IN SITE CLEARING
INCLUDED IN CONCRETE
INCLUDED IN CONCRETE
INCLUDED IN CONCRETE
INCLUQED IN CONCRETE
INCLUDED INCONCRETE
NIC- BY OWNER
INCLUDED IN CONCRETE
NONE SHOWN/ NONE INCLUDED
NIC- BY OWNER
0U
0:66
d66
0.00(
0.00''
0.06
0 0,00;..
0 6.00=
':0.' 6:0b°i
405,446 6,37='
0 0.00'
o 0,00;
157,083 2,00::
0 '0:00-'..
o o:0a
ra a,0a;
0 6.00/,
0- 0.00-'-
0 0.004
0: 0,004::
0 0.09«:
0 0.00:=
0-
0.00
0 Oi00
0 0.00;
0 o:ao-
0; 0.00 ..
0 o:0t7-
0 0.60`
0 0.00`
0:00'
0 0.00 -.
0 0.00
0 0.00
- `0
0
0
0, . .',
0,0000
0.00
0 0,00
0 0.00
2
VICLAOE of KEY BISCAYNE
RECREATION CENTER
F'ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC,
GMP PROPOSAL DAT Et OCTOBER 11, 2002.
ORWGS,12" CONCRETE BANOS --;
DRWGS, CURS & GUTTER -
DRWGS. COLORED GONG, AT CURBS, GUTTERS? SIDEWALKS & BANDS
SEE SITE CONCRETE WINDOW:::.
NO SPEC PAVEMENT MARKING
PREPARATION OF. SURFACES: TO BE PAINTED
PROTECTION OF PAINTED MARKINGS
samREPAINT
NO SPEC TRAFFIC PAINT MARKINGS INSIDE GARAGE
WATER PRESSURE CLEAN SLABS AND DECKS
DRWGS. CONCRETE WHEELSTOPS WI 45 RODS FOR ANCHORS
5 NO SPEC EXCAVATION, SACKFILLING& COMPACTING FOR UTIL.
PROTECT EXISTING WORK TO REMAIN
EXCAVATION
DEWATERING, TRENCH SHEETING AND SHORING
REMOVE UNSATISFACTORY SOIL FROM TRENCH BOTTOM
PROTECTION OR REMOVAL OF UTILITY LINES
BACKPILLING & COMPACTION
TESTING. BY OWNER - NIC
LAYOUT AND AS -QUILTS
NO: SPEC- WATER DISTRIBUTION
. DUCTILE IRON PIPE.
DRWGS, GALVANIZED STEEL PIPE
POLYETHYLENEENCASEMENT
CAST IRON VALVE BOXES
FIRE. HYDRANTS
DISINFECTION
COPPERPIPINGFOR WATER SERVICES 3" OR SMALLER
DIP FOR WATER DISTRIBUTION LINES 4" OR LARGER
BACKELOW PREVENTORS
DOUBLE DETECTOR CHECK VALVE
THRUST BLOCKS
HYDROSTATIC TESTING
DISINFECTION TESTING BY CONTRACTOR
CONNECTION TO EXIST, WATER MAINS
LAYOUT AND AS:B UILTS
WATERMETER
PEC STORM DRAINAGE SYSTEM
10/17/2002 10:56 AM .
0
VILLAGE 11 tY BISCAYNE
RECREATION CENTER INCLUDING SWIMMING POOL & GARAGE
1,5
0
0
0
TOTAL. AREA
75,463 SF
0 - 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP
--
0 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP.`
o o INCLUDED IN OFF SITE INFRASTRUCTURE GMP"
0 0 - INCLUDED IN CONCRETE`;.
0 0 INCLUDED IN OPP SITE INFRASTRUCTURE GMP:-
o 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP
O 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP
0, - 0 INCLUDED IN OFF SITE INFRASTRUCTURE GMP.
3,712
0
0
0
279,074
0
0
0
0
0
0
0
0
0,
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0,
0
0
0
JAMES A. CUMMINGS, INC.
3,712
1,800 ,.
0
0
279,074
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
ROBERTS TRAFFIC
INCLUDED AS EPDXY
STONECIRCLEI BONDED
INCL
INCL
INCL
INCL
INCL
INCL
NIC- BY OWNER
INCL-
INCL
INCL_
INCL'
NONE SHOWN/ NONE INCLUDED
INCL:.
INCL
INCL
INCL
INCLUDED IN FIRE PROTECTION
INCL INCL
INCL
INCL
INCL
NIC- BY OWNER
INCL
0
0
0 "
0
0
0
3,712
3,211
0
279,074
0
0
0
0
0
0.
0
0
0
0
0.00
0.00 ,
0.00
0.00':'
0.00
0.00
0.00
0.05.:
0.04
0.00
3.70
0.00
0.00
0.00
0.00 `
0.00
0.00
0.00
0.00
0.00.
0.00
0.D0;
0.00`.
0.00
0.00
0.00
0.00
0.00
0.00 `-
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3
VILLAGE OF KEY BISCAYNE
RECREATION CENTER
ARCHITECT; ROjRT O, CURRIE PARTNERSHIP, INC.
OMP PROPOSAL DATE: QCTOEEI 17:2002.
omen OF DISPOSAL WELLS BY CONTRACTOR
CORRUGATED ALUMINUM PIPE
CORRUGATED STEEL PIPE; PULL? BITUMINOUS COATED
DRAINAGE WELLS & DETENTION TANK - 3 EACH
DRAINAGE STRUCTURES
BALLAST ROCK
PLASTIC FILTER FABRIC
AREA DRAINS
EXFILTRATION TRENCH
TESTING BY CONTRACTOR
LAYOUT AND AS•SUILTS
DRWGS. REMOVE EXISTING CATCH BASIN AND ASSOCIATED PIPE
NO SPEC SANITARY SEWER SYSTEM
PVC,SEWER PIPE ANDFITTINGS
MANHOLES
CLEANOUTS
TESTING &INSPECTION BYCONTRACTOR
-
LAYOUT AND AS•SUILTS
DRWGS. REMOVE EXISTING MANHOLE 8, ASSOCIATED PIPE
6 02202 TERMITE CONTROL
1.1.G PROVIDE 5 YEAR WARRANTY
1.3.8.2 APPLY TO S01L WITHIN 10' OF 8109. PERIMETER FOR A DEPTH
7 02371 AUOERCAST PILES • 1401 IN CONTRACT
8 02517 - SOLID INTERLOCKING CONCRETE PAVERS
1.2.8 31(8"THICK KEY SHAPE & RECTANGULAR AT EDGES
.6 , COMPRESSIVE STRENGTH • 8000 PSI
.0 EDGE RESTRAINTS
.0 SAND LAYING COURSE I SAND FOR JOINTS
1.3.6.2 PROOF ROLL PREPARED GRADE SURFACE
1,3.0.2 .CUT. PAVERS WITH. MOTOR DRIVEN MASONRY SAW
.4 TOLERANCE,+ 1/32" OFFSET & 118" IN 10' FROM LEVEL
.8 EXPANSION & CONTROL JOINTS -SEALANT FILLED
1.3.0.2 TREAT LEVELING8AS8 WITH SOIL STERILIZER
.4 VIBRATE CONCRETE PAVERS INTO LEVELING COURSE
.5 SPREAD DRY SANDa FILL JOINTS
1.3.E REPAIR, CLEANING AND PROTECTION
0/17/200210:56AM-
0
RECREATION CENTER INCLUDING YAWING POOL & GARAGE
TOTALAREA
75,483 5F'
-�'0 R00 '.
0 0,90
0 9bo
o 000
o o,00
X10 o.00
o o'.oO
0 . 0;00::....
0 0:00
0 9.00
0 0:00<
0 1 0,00
o 0:00
0,00
. .. o
0 900.
o ,..000
0 0:00
0 9Ao•
0 p.00
0 _ Oi90:
0 .9100
0 <0,00:
0 0100
15,750 - 0,21
0 0,00
O -0,00
0 0:00
0 -9.00
0 0,00
0 0.00
0 000
0 0,00
O 0.00
o o,bo
0 0,00
0 0,00
0 0,00
-0 0 -0 0
0 "0 0 :0.
0 '.0 0 > 0
o ; 0 "0 -`-0
0 0 0
0 -0 --0
0 0 0 0
0 0 0
,0 0 0
;.0 0 -: 0
0 r0 0
.0 -.0 ;0 70
O ;.0 .0 0
,0 _.0 ,.0 .0
O 0 0 - 0
O 0 0 i 0'
^ 0 0 ,0 ,.:0
0 0 0 0
O 0 0 0
0 -.0 0 0
O 0 0 0
O 0 - -0 0
0 0 0 0
O 0 0 0
NIC 1IO WIC , 0
o 0 0
0 0 16,750 15,750'..
0 .0 0
o ,0 .o
0 0 0
0 -. 0 0 0
0 :0 0
0 0 0 0
-0 0 0
o 0 0 0
0 0 0 0
b o 0 0
o 0 o 0.
0 0 0 0
0 O 0 0
JAMES A. CUMMINGS, INC.
0
NIC• ST DINNER.
INCLUDED AS HDPE & PVC
.=INCLUDED AS HDPE &`PVC
INCL
INCL
INCL'
INCL
0 INCL.
0 INCLUDED 114 OPF SITE,INFRASTRUCTURE
o NIC-. SY OWNER
,,.INCL
INCLUDED IN SITE CLEARING
INCL
INCLUDED AS DIP
INCL
INCL
INCL
- INCLUDED IN SITE CLEARING
INCLUDED IN CONCRETE
-, INCLUDED IN. CONCRETE
INCLUDED IN CONCRETE
NONE REQUIRED/ NONE INCLUDED
HOLLVWQQD STONEIBONDED
Corr,' a.*'',; INCL
0 -. r' 1NCL
' INCL
, INCL
=`INCL
INCL
NOT INCLUDED
INCL.
INCL
INCL
INCL
VILLAGE or KEY :B ISCAYNE
RECREATION CENTER
ARCHITECT: ROBERT G. CURRIE PARTNERSHIP, INC.
:IMP PROPOSAL DATE: OCTOBER 17, 2002
EGREATION CENTER 1NdLUUDING SVV t4I1JV ING POOL & GARAGE 1 TorALAREA
•r,. 75,453 SF
, EPOICY GROUT '.. 0 0 0 0 INCL 0 X0.00
. COMPRESSIVE JOINT MATERIAL - - 0 0 ' 0 " ,0 - INCL 0 ,000
0 0 0 0
INCL 0 0.00.
' .INCL - 0 0.00..
4.3.0 FORM MATERIALS 0 - 0 0 0 INCL 0 0,00:
DRWGS. TEMPORARY BRACING OF BASEMENT WALLS. 0 0 '* 0 0
SEE CONCRETE FORMWORK WINDOW 0 ' 0 0 0 INCL 0 000;
.1.b FORMS DESf3NED BY P, E. REGISTERED IN STATE OP FLA, 0 0 0 0 INCL 0 0.00..
,2.b FORM EXPOSED SURFACES WITH HD OVERLAY PLYPoRM 0 - 0 0 0 INCL 0 0M0 0 0 0 0 INCL 0 000'.
1.3.E S T FINIS FOR
80 . 0 INCL 0 000
19:E SMOOTH FORM FINISH FOR GONG CONCRETE 0 0
'SMOOTHRUBBEo FINISH FOR GONG. EXPOSED To PUBLIC VIEW 0 0 , ^ 0 s -^ 0 INCLUDED AS SMOOTH FORM AS CAST FI NIC --0;00.
1.00
1.3.1' CURING .SPROTECTION 0 0 0 -0
_ 9 0 0 0 0 0.00,
.1. MO15T CURE SURFACES TO RECEIVE FLOOR FINISHES 0 9 0 ,. 0 0 0.00.
1.3.G.2.aDOVETAIL ANCHOR SLOTS 0 0.00.
, PLASTIC 0 0 "0. 0 0 - 0 0.00
. SLEEVES - 0 000
. ANCHORBOLTS - 1 0 - 0. 0 - 0 -
0 0 0 -0 0 000
CAST IRON FRAMES & GRATES ,. ,,,� ' 0:00
., WATERS70P9 0 0 0 0 .. 0 0;00
VOLCLAY WATERSTOPS-RX AT ALL HORIZ & VERT COLO JOINTS :. 0 0 0 , 0 - 00 0;00
till VAPOR BARRIER - 6 MIL POLYETHYLENE FILM OR MOISTOP 0 0 0 0 ,,, N 0 0.00
13.1 GROUTING OP SASE PLATES 0 0 0- 0 NIC BY OWNER 0 0,00
1,3.J TESTING BY CONTRACTOR • NIC 0 0 _ 0 0.00
1.3.x.2 REPAIR CRACKS IN CONC. FOR A PERIOD OF 1 YEAR AFTER PIA 0 00 0 0 0 0.90
DRWGS. EQUIPMENT BASES 0 '0 0,00
DRWGS. CONCRETE PILL FOR STEEL PAN STAIRS 0 0 0 0 0 0,00
_ DEWATERING 0 ;0 0 0 INDLUDED IN EX - 0 000
03470 TILT 01' PRECAST CONCRETE 0 0 0 0 '
SEETILT-UP CONCRETE WINDOW 0 0 0 0
1: 1.0 SIGNED AND SEALED PANEL DRAWINGS 0 "0 - 0 0
ENGINEERING FOR LIFTING AND BRACING 0 0 0 0
1,1. DI MIN. 2 YEARS EXPERIENCE ERECTING. PANELS- 0 0 0 0
.3 JOB MOCK-UP - - .. 0 0 0 0
0 0 0 0
1.2.A.4 BOND BREAKER - .. 0 0 0 0
.5 ANCHORS & INSERTS .,0
.6 FLASHING REGLETS 0 0 0
.8 FORM LINER 0 0 0 -0
1.2.9, CONCRETE a 4000, PSI.. 0 0 0 0
1.2.0 FABRICATION TOLERANCES AS SPECIFIED 0 0 0 0
1.3.A MOIST CURE CASTING BLABS 0 0 0 0
10/17/2002 10:56 AM
JAMES A. CUMMINGS, INC.
INCL
+'w^; I;INCL
INCL
INCL
INCL
- • INCL
INCL
1N0L
INCL
INCL
• INCL
INCL
INCL
CAVATION Pon STRUCTURES
INCL
INCL
INCL
INCL
INCL
INCL
INCL
INCL
INCL
".INCL
INCL
INCL
INCL
0 0,00
0 0.00
0 0;00'
0.00
0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
6
0
"
V I L L A G E O F K E Y B I S C A Y N E
R E C R E A T I O N C E N T E R
A R C H I T E C T : R O B E R T G . : C U R R I E - P A R T N E R S I I I P , I N C
C M P P R O P O S A L B A T E : O C T O B E R 1 7 , 2 0 0 2
P A T C H L I P T I N G &