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HomeMy Public PortalAbout1995 AllPGORID Village of Key Biscayne RESOLUTIONS OF THE VILLAGE COUNCIL 1995 Published by Office of the Village Clerk Guido H. Inguanzo, Jr., CMC, Village Clerk Village of Key Biscayne 1994-1995 Village Council John F. Festa, Mayor Betty Sime, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Raymond P. Sullivan John Waid C. Samuel Kissinger Village Manager Guido H. Inguanzo, Jr., CMC Village Clerk Weiss, Serota & Helfman, P.A. Village Attorney P DLLID Village of Key Biscayne 1995-1996 Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan C. Samuel Kissinger Village Manager Guido H. Inguanzo, Jr., CMC Village Clerk Weiss, Serota & Helfman, P.A. Village Attorney RESOLUTION NO. 95-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION TO THE KEY BISCAYNE COMMUNITY CENTER, INC. FOR THEIR CONTRIBUTION OF $27,855.72; RECOGNIZING THE EFFORTS OF DON MURRAY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 12, 1995, the Village Council adopted Resolution 95-33 accepting a donation from the Key Biscayne Community Center, Inc. for the purpose of funding a community center; and WHEREAS, on November 14, 1995, Mr. Don Murray, representing the Key Biscayne Community Center, Inc., presented the Village Council with a check in the amount of $27,855.72; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council expresses it appreciation to the Key Biscayne Community Center, Inc. for their contribution of $27,855.72. Section 2. That the Village Council also recognizes Mr. Don Murray for his efforts in securing the contribution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of December , 1995. ATTES GUIDO H. NGUANZO, JR., APPROVED AS TO FORM AND YOR JOHN F. FESTA CMC, VILLAGE CLERK LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 95-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY, TO RECEIVE A COMMUNITY DRUGS AND CRIME PREVENTION PROGRAM GRANT; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached professional services agreement, on behalf of the Village, with Metropolitan Dade County, to receive a Community Drugs and Crime Prevention program grant. Section 2. This resolution shall take effect iuuuediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1995. ATI GUIDO H./INGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIi WEISS, VILLAGE ATTORNEY F. FESTA, MAYOR METROPOLITAN DADE COUNTY PROFESSIONAL SERVICES AGREEMENT This Agreement, made and entered into this thy of 1995, by and between Metropolitan Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY", and the CITY OF KEY BISCAYNE located in Dade County, Florida hereinafter referred to as the "SERVICE PROVIDER", provides the terms and conditions pursuant to which the SERVICE PROVIDER shall provide a COMMUNITY DRUGS & CRIME PREVENTION PROGRAM. WITNESSETFI WHEREAS, the COUNTY has been awarded federal funds from the Drug Control .ti System Improvement Formula Grant Program under Public Law 100-690, the Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT, and WHEREAS, the SERVICE PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passes as an official act of the SERVICE PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein. and authorizing the person identified as the official representative of the SERVICE PROVIDER to carry out on behalf of the SERVICE PROVIDER all of the duties and responsibilities set forth in this Agreement, and WHEREAS. this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Emergency Management, Bureau of Community Assistance to Metropolitan Dade County and being duly executed by both parties, whichever is later, and WHEREAS, the COUNTY is desirous, of supporting an expansion of the services provided by the COMMUNITY DRUGS & CRIME PREVENTION PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY DRUGS & CRIME PREVENTION PROGRAM and. WHEREAS, the COUNTY as contractor/grantee for the State of Florida is authorized to purchase said services for COMMUNITY DRUGS &. CRIME PREVENTION PROGRAM as an allowable activity under the ACT, and WHEREAS, the COUNTY requires the above -mentioned services from the SERVICE PROVIDER in order to fulfill its contractual obligations under the aforementioned grant, and NOW. THEREFORE, for and in consideration of the premises and the mutual covenants recorded herein, the parties hereto intending to be legally bound, agree. as follows: Article I Responsibilities of the Service Provider 1.1 The SERVICE PROVIDER shall: A. Implement a COMMUNITY DRUGS & CRIME PREVENTION PROGRAM in accordance with the scope of services attached hereto as, Exhibit A and incorporated herein. B. Provide services and program activities to be funded under the terms of this Agreement and in accordance with the ACT. C. Provide the planned or proposed services described in Exhibit A, SERVICE PROVIDER'S Scope of Services. Adhere to the Program Review, Proposed Activities, Planned Measures, and Program Budget to conduct the COMMUNITY DRUGS & CRIME PREVENTION PROGRAM as described in Exhibit A, unless modified by written agreement with the COUNTY. E. Insure that all other licensed professionals providing COMMUNITY DRUGS & CRIME PREVENTION PROGRAM services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the SERVICE PROVIDER shall in no way relieve it from any, of its responsibilities in this regard. F Provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. G. Keep records of services provided, and staff time involved; and prepare and provide any and all reports that may be requested at any time by the COUNTY, as specified in Article V. Make available for review inspection or audit by the County without notice during normal business hours all books, records and documents which relate to or have been produced or created as a result of this Agreement (hereinafter referred to as "Contract Records"). In addition, all Contract Records shall be retained at least 3 years following the expiration of this Agreement. Designate a contract coordinator who shall be responsible for I) monitoring the SERVICE PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staff to review such compliance. J. Maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the COUNTY, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. K. Not enter into sub -contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written consent of the COUNTY. L. Not discriminate on the basis of race, sex, religion, color, age, mai iage, national origin, or disability/handicap in regard to obligations, work, and services performed under the terms of this Agreement, and comply with all applicable State, Federal and Dade County laws, regulations, and orders relating to non-discrimination. Furthermore, the Disablility Nondiscrimination Affidavit will be completed fully as provided in Exhibit E Article II Responsibilities of the County 2.1 The COUNTY agrees to: A. Subject to receipt of funds from the State of Florida, Drug Control and System Improvement Grant Program, to provide to the SERVICE PROVIDER, in accordance with Articles VI and VII of this Agreement and as a part of the County's allocation of funds from the State of Florida Drug Control and System Improvement Grant Program, up to $4,400 in such state funds. B. Provide technical- assistance to the SERVICE PROVIDER as may be necessary, during the period of this Agreement. C. Reimburse the SERVICE PROVIDER for documented services in accordance with the terms of this Agreement. Monitor the operations of the SERVICE PROVIDER to determine compliance with the terms and conditions of this Agreement, and report the findings to the SERVICE PROVIDER. Article RI Joint Responsibilities 3.1 Both Parties agree: A To notify the other party in advance of the time the services are to be provided if revisions to the time schedule are necessary. Article IV Requirements Related to Use of Anti -Drug Abuse Funds Under the Drug Control and System Improvement Funds 4.1 The SERVICE PROVIDER agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program. including Rule Chapter 9G-16. Furthermore, this AGREEMENT shall incorporate by reference the provision of that certain document entitled "State of Florida, Department of Community Affairs, Division of Emergency Management, Bureau of Community Assistance Subgrant Application for Anti -Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. 4.2 The SERVICE PROVIDER agrees that funds received under this Agreement shall be utilized to supplement. not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti -drug law enforcement activities, in accordance with Rule 9G-16.006 (5) of the ACT. Article V Reporting and Record -Keeping 5.1 SERVICE PROVIDER shall keep records of program participants served and the services provided to those participants in sufficient detail to provide any reports which may be requested by the COUNTY. A. In accordance with contract requirements from the State of Florida, records for COMMUNITY DRUGS & CRIME PREVENTION PROGRAM services must reflect: 1. The number of hours the officer(s) worked providing COMMUNITY DRUGS & CRIME PREVENTION PROGRAM services. 2. The number of participants in the COMMUNITY DRUGS & CRIME PREVENTION PROGRAM provided by this Agreement; 3. The records of all other program services provided under this Agreement; B. As to reports, the SERVICE PROVIDER shall: 1. Submit QUARTERLY INVOICE AND PROGRAM REPORTS to the Office of Substance Abuse Control by January 15, April 15, and July 15, and October 15, covering the Agreement activity for the previous quarter along with requests for reimbursement. The QUARTERLY LNVOICE AND PROGRAM REPORT shall be submitted in the format and using the form attached hereto as Exhibit C. The QUARTERLY INVOICE AND PROGRAM REPORT shall include all the information required in ARTICLE V, section 5.1 A. 1 through 5, as set forth above. The SERVICE PROVIDER shall submit an ANNUAL REPORT to the -Office of Substance. Abuse Control for the 12 month period of the Project Operation. The ANNUAL REPORT shall be submitted in the format and using the form attached hereto as Exhibit D. The ANNUAL REPORT shall be submitted with the final QUARTERLY INVOICE AND PROGRAM REPORT by October 15. The SERVICE PROVIDER shall submit other reports as may be required by the Office of Substance Abuse Control. All required reports, instructions and forms will be distributed with the fully executed Agreement. The SERVICE PROVIDER understands that the COUNTY may at any time require changes in data reporting or data management, including a standard data set and format, may be necessary and agrees to comply with any such modifications. 5.2 SERVICE PROVIDER also agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Emergency Management, Bureau of Community Assistance Safety Management. This participation shall at a minimum include access to SERVICE PROVIDRR's premises and records. 5.3 The: SERVICE PROVIDER. shall: . Allow access by authorized COUNTY representatives during normal business hours, to all financial and other Contract Records and shall provide assistance as may be necessary to facilitate a financial audit when deemed necessary by the COUNTY to insure compliance with applicable accounting and financial standards. These audits may either be announced or unannounced as deemed necessary by COUNTY representatives. Article VI Amount Payable 6.1 Both parties agree that subject to the COUNTY's receipt of State funds, the amount payable under this Agreement shall not exceed $4,400. The breakdown of this amount by budget category is, included in the budget schedule found in EXHIBIT A of this Agreement. Article VII Project Budget and Method of Payment 7.1 The SERVICE PROVIDER agrees to invoice the COUNTY for each service identified in Article 1, Section 1.1, using the QUARTERLY INVOICE AND PROGRAM REPORT as it appears in Exhibit C, and to do so on a quarterly basis, as stated in Article V, 5.1 B.1. The QUARTERLY INVOICE AND PROGRAM REPORT shall be prepared in a manner in accordance with the form provided in Exhibit C. The final QUARTERLY INVOICE AND PROGRAM REPORT along with the ANNUAL REPORT shall be submitted by October 15, 1996. Reimbursement shall be consistent with the SERVICE PROVIDER's approved Budget as shown in Exhibit A. 7.2 The SERVICE PROVIDER agrees to mail all invoices to the following address: Metropolitan Dade County Office of Substance Abuse Control Suite 2740 111 N.W. 1st Street Miami, Florida 33128 Attention: Susan Windmiller 7.3 The COUNTY agrees to review invoices and to inform the SERVICE PROVIDER of any questions. Payments shall be mailed to the SERVICE PROVIDER by the COUNTY'S Finance Department. Article VIII Covenants 8.1 Conflict of Interest. The SERVICE PROVIDER warrants and represents that no person under the employ of the SERVICE PROVIDER, who exercises any function or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. Article IX Indemnification 9.1 Indemnification ky the PROVIDER. The SERVICE PROVIDER shall indemnify and save the, COUNTY and its past, present and future officials, employees and agents harmless from any and all claims, liabilities, losses and causes of action which mayarise out of the fulfillment of this Agreement. The SERVICE PROVIDER directly or through its insurance carrier shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all claims, actions or suits in the name of the COUNTY -when applicable, and shall pay all attorney costs and judgments which may issue therefrom, except for those caused by the sole negligence of County Employees or Officers. Article X Term of Agreement 10.1 Effective Term. The effective term of this Agreement shall be from October 1, 1995 through September 30, 1996. 10.2 Termination and Damages. A. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. B. If the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein, the COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) days prior written notice to the SERVICE PROVIDER of such intent to terminate or reduce services. C. Notwithstanding the COUNTY's right to terminate this Agreement pursuant to Section 10.2B, the SERVICE PROVIDER shall be liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by the SERVICE PROVIDER, and the COUNTY may withhold any payments due to the SERVICE PROVIDER until such time as the exact amount of. damages due to the COUNTY from the SERVICE PROVIDER is determined and properly settled. Article XI Miscellaneous Provisions 11.1 Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by certified mail. return receipt requested, postage prepaid. to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others): If to the COUNTY: Metropolitan Dade County Office of Substance Abuse Control 111 N.W. 1st Street. Suite 2740 Miami, Florida 33128 Attention: Susan Windmiller If to the SERVICE PROVIDER: KEY BISCAYNE KEY BISCAYNE POLICE DEPARTMENT 85 WEST ENID STREET KEY BISCAYNE, FL 33149 Attention: DEPUTY POLICE CHIEF LAWRENCE BOEMLER 11.2 This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the SERVICE PROVIDER regarding the provision of the services described in Exhibit A and Article II. 11.3 Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Manager provided, however, that the COUNTY may effect amendments to this Agreement without the written consent of the SERVICE PROVIDER, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of county, state and federal governments. 11.4 Nothing herein shah alter, affect, modify, change or extend any other agreement between the SERVICE PROVIDER and the COUNTY, or any department of the COUNTY unless specifically stated herein. 11.5 All reports, information documents, tapes and recordings, maps and other data and procedures, developed. prepared, assembled or completed by the SERVICE PROVIDER in connection with the duties and responsibilities undertaken by the SERVICE PROVIDER in accordance with the terms of this Agreement shall become the property of the COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the SERVICE PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. 11.6 The invalidity of all or any part of this Agreement shall not render invalid the remainder of this Agreement or the remainder of such section, if the remainder would then conform to the requirements of applicable law 11.7 This Agreement shall be governed under the laws of the State of Florida asto all matters, including but not limited to matters of validity, construction", effect and performance. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers. the day and year first above written. Signature Title Name (typed) A l 1 EST: By: By: (Corporate Seal) ATTEST: DADE COUNTY. a political subdivision of the State of Florida HARVEY RUVIN, CLERK By Its Board of County Commissioners By: By: Deputy Clerk Armando Vidal, P.E. County Manager Approved by County Attorney as to form and legal sufficiency. SUMMARY OF EXHIBITS EXHIBIT A Program Review listing contact information, Proposed Activities, Planned Measures, Program Budget and Program Information EXHIBIT B QUALIFICATIONS * Signed letters from School Principals and other Agencies (where necessary) Job Descriptions EXHIBIT C Quarterly Invoice and Program Report EXHIBIT D Annual Report EXHIBIT E Disability Nondiscrimination Affidavit EXHIBIT A Program Review Proposed Activities, Planned Measures, Program Budget, Program Information PROGRAM REVIEW Jurisdiction Name: KEY BISCAYNE Police Department Contact Person: Dep. Chf. L. Boumler Address: 85 West Enid Drive, Key Biscayne, FL 33149 365-5505 PEI -- 365-5509 EX Program Area: COMMUNITY DRUG & CRIME PREVENTION Program Dates: 10/1/95 -- 9/30/96 Program Name: SAME Target Population: City:Residents Problem Identification The Village of Key Biscayne Police Department(KBPD) is a newly -formed, two-year old agency. As such, KBPD has to borrow crime prevention and anti -drug materials (i.e., fliers, pamphlets, and booklets) front surrounding areas' police departments, but these materials have not been developed for or directed to the unique problems of a small, island community. Previous Activities in this Purnose Area/Unmet Needs: Generic crime and drug prevention materials are available for purchase by vendors. While this material is established crime prevention material, its contents arc not geared to the special needs of a community such as Key Biscayne. Pamphlets and other educational materials addressing this community's specific needs are difficult, itnot impossible, to obtain.:Crying to tailor existing products to address a specific community problem by cutting and pasting has proved to be very expensive and resulted in a less than professional publication. A computer with adequate capacity and desktop publishing software would facilitate the preparation of the much needed educational materials. Having in-house publishing capability will increase productivity while 'decreasing expense. Demographic Data: Key Biscayne is an island community with an approximate area of 1.5 square miles. Its population is 9,000+ year-round residents and an additional 4,000 seasonal, part-time residents. Crime incident increases recorded from 1993 —> 1994 were as follows: Aggravated Assault (7---ki.28), Burglary (59 -► 70), Larceny (187 --> 279), Auto Theft (19 —> 25). These crime statistics can be reversed through aggressive educational programs and renewing interest in Crime Watch. PROGRAM REVIEW Jurisdiction Name: KEY BISCAYNE Police Department Contact Person: Dep. Chf. L. Boemler Address: 85 West Enid Drive, Key Biscayne, FL. 33149 365-5505 Pt! -- 365-5509 FX Program Area: COMMUNITY DRUG & CRIME PREVENTION Program Dates: 10/1/95 -- 9/30/96 Program Name: SAME Target Population: City Residents Program Description Crime prevention activities in Key Biscayne take a different due to its unique characteristics, i.e. a new jurisdiction with a newly -formed police department on a recently incorporated city located in an island. In conducting community crime and drug prevention meetings, it has become apparent that certain kinds of written information would be helpful to residents, including prevention information, bulletins/tips to hang up at home, community crime, and prevention newsletters. Furthermore, printed information needs to be created that is specific to the special needs of this community. Grant funds will support the purchase of a computer, printer, and software for the police department to generate its own material. The full crime prevention program will include canvassing all residents and businesses with a security survey (see copy attached), meeting with the governing boards of condominium associations, and many other neighborhood groups (i.e., P.T.A. for Key Biscayne Elementary and St. Agnes Academy, churches, yatch club, beach club, etc.). KBPD will review security measures and provide a series of educational forums to Key Biscayne residents. The total number of Key Biscayne residents is approximately 9,000. PROGRAM REVIEW Jurisdiction Name: KEY BISCAYNE Police Department Contact Person: Dep. Chf. L. Boemler Address: 85 West Enid Drive, Key Biscayne, FL 33149 365-5505 PH -- 365-5509 FX Program Area: COMMUNFIY DRUG & CRIME PREVENTION Program Dates: 10/1/95 -- 9/30/96 Program Name: SAME Target Population: City Residents Proposed Activities Development, Printing, & Distribu- tion of Key Biscayne -Specific Crime Prevention and Anti -Drug Education Materials A:PROOREVW,KB Planlned Mea$llteS • Police Department Proposes to Develop, ,Pub lish; & Distribute Information - About'the Specific Problems confronting their Island ht the Form of informational Pamphlets, Flyers, Booklets, & Island Monthly Newsletter (6 mos.). Program will Commission 66 Officer Mrs and will Purchase PC Desktop Computer Equipment, Printer, and Publishing Software. Monitoring Plan Request Copies of Published Products Request Equipment Invoice Copies Dep. Chief Lawrence Boemler, KBPD Susan Wilidmiller, OSAC PROGRAM REVIEW Jurisdiction Name: KEY BISCAYNE Contact Person: Deputy Chief L. Boe Program Area: COMMUNITY DRUG AND CRIME PREVENT 365-5505 PH -- 365-5509 PX Program Name: SAME Program Dates: 10/1/95 - 9/30/96 Target Population: KEY BISCAYNE RESIDENTS Proposed Budget Salaries and Benefits, Total * $1,118 1 Newlsetter per Month X 34.63 Hours X $32.23 (Overtime basis) $1,118 * Total does not equal the sum of hourly breakdown as the actual sum exceeds budget allocation. Contractual Services, Total $0 Expenses, Total $4,749 PC Desktop, Computer with Mini Tower and CD ROM $3,008 HP LaserJet 4P $1,000 HP QNC 2MG for Printer $113 Quark Xpress desktop publishing software $628 Total Budget $5,867 PROGRAM REVIEW Jurisdiction Name: KEY BISCAYNE Contact Person: Deputy Chief L. Bon Program Area: COMMUNITY DRUG AND CRIME PREVENT 365-5505 PH -- 365-5509 FX Program Name: SAME Program Dates: 10/1/95 — 9/30/96 Target Population: KEY BISCAYNE RESIDENTS Proposed Budget The 25% CASH MATCH for this grant is: $1,467 The source of the CASH MATCH is: Law Enforcement Trust Fund, Village of Key Biscayne -,EP -'72-1R.95 15' 12 KEY _.!SCR;hE FIRE/POLICE 1 305 355 8937 P.01 PROGRAM INFORMATION FOR THE VILLAGE OF KEY BISCAYNE Program Name: Program Area: OSAC Contract Objective Number: Contact Person: Phone & Fax: Names or grogram tarn Program Start Data Program End Date: Program Location: Name: Address: Phone: Community Crime Prevention Community Drug and Crime Prevention 4.A.15 & 16 Deputy Chief Larry Boemler (305) 365-5555 (305) 365-8937 amoer catny mGGhaney October 1,1995 This is an on -going project which has been designed to continue until all Island residents and businesses have been contacted personally and been given appropriate crime prevention information. The meeting locations will vary according to requests to conduct crime prevention presentations, security surveys, etc. A calendar of meetings will be forwarded as they are scheduled. The total number of participants to be served is approximately 9,000. EXHIBIT B Qualifications SEP-32-1995 15:13 kEY BISCAYNE FIRE/POLICE 1 305 365 8937 P.03 VILLAGE OF KEY BISCAYNE EMPLOYEE POLICIES AND PROCEDURES SECTION: JOB DESCRIPTIONS DATE: November, 1993 ITEM SUBJECT: RESOURCE OFFICER The Resource Officer of the Village of Key Biscayne Police Department is an integral part of police services for the business sector, the schools and for citizen groups. The Resource Officer shall be an experienced police officer, oriented toward providing liaison between the Chief of Police and members of the community. The overall duties and responsibilities of the officer shall include, but not be limited to: 1. The officer will participate in problems arising in and around schools, e.g., vendors, gang activities, opening and closing of schools, vacations and holidays, and assist with school traffic problems. 2. The officer will assist with family problems, including drug and alcohol abuse and/or child neglect and abuse problems. 3. The Resource Officer will serve as Community Service Officer, D.A.R.E. Instructor. and any other duties as shall be required by the Chief of Police, and shall teach all "Drug Abuse and Awareness" classes. The primary duty hours of the Resource Officer shall be, but shall not be limited to the following: Monday through Friday 100 AM until 4:00 P.M. Any deviation from the above schedule must be approved by the -Chief of Police or the Deputy Chief of Police. 5. The Resource Officer will serve as intermediary with the Village of Key Biscayne Neighborhood Crime Watch and shall attend Crime Watch meetings as required, on behalf of the residents and the bpciness community. o. roe resource omcer will oe responsible for conaucang all business and restdennat security surveys throughout the Island. 7. The Resource Officer will serve as liaison with the Dade County "Safe Kids, Coalition. S. The Resource Officer will serve as liaison with Dade County Community Traffic Awareness Program (C.T.A.P.). EXHIBIT C The State of Florida has not provided this report to Metro -Dade County. Jurisdictions will be provided with this report as soon as it is made available, to the County. EXHIBIT D The State of Florida has not provided this report to Metro -Dade County. Jurisdictions will be provided with this report as soon as it is made available to the County. EXHIBIT E Disability Non -Discrimination Affidavit DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE NAME OF FIRM, CORPORATION, OR ORGANIZATION AUTHORIZED AGENT COMPLETING AFFIDAVIT: POSITION PHONE NUMBER: ( ) , being duly first sworn state: That the above named firm , corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services: Title III, Public Accomodations and Services Operated by Private Entities ; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631 Signature Date SUBSCRIBED AND SWORN TO (or affirmed) before me on ( Date) He/She is personally known to me or has (_Affiant) presented as identification. ( Type of Identification ) i ( Signature of Notary) . (Sarial Number) ) ( Print or Stamp Name of Notary) ( Expiration Date) Notary Public Notary Seal ( State ) RESOLUTION NO. 95-38 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf of the Village, with the Key Biscayne Chamber of Cotumerce, for services set forth in the agreement, at a cost not to exceed $75,000.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1995. R JOHN F. FESTA ATTE IDO H. IN ZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 5th day of October, 1995 by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and KEY BISCAYNE CHAMBER OF COMMERCE, A Non-profit Florida corporation (the "CONSULTANT). RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. 3. TERM The term of this Agreement is Annual unless terminated pursuant to Paragraph 8. p e of 8 4. GENERAL TERMS AND CONDITIONS All original documents, work papers, and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry liability insurance in the minimum amount of $300,000.00. The VILLAGE shall be named as an additional insured on all of the liability insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. ASSIGNMENTS This Agreement shall not be assignable by the CONSULTANT. 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or Page 2 of 8 resulting from the award or making of this Agreement. 8. TERMINATION This Agreement maybe terminated by the VILLAGE upon ten days written notice with or without cause and by the CONSULTANT upon 45 days written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit B for all acceptable work up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude theVILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGES sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. The Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTEES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. Page 3 of 8 12. ATTORNEYS FEES In connection with any litigation arising out of this Agreement the prevailing party in any such action shall be entitled to recover attorney's fees and costs. 13. NOTICES All notices and communications to either party to this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 With a copy to: Richard Jay Weiss, Esq. Village Attorney Weiss, Serota & Hellman 2665 South Bayshore Drive Suite 203 Miami, Florida 33133 Consultant W. F. Durham, President Key Biscayne Chamber of Commerce 604 Crandon Blvd. Suite 205 key Biscayne, Florida 33149 Page 4 of 8 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT VILLAGE KEY BISCAYNE CHAMBER OF COMMERCE 604 Crandon Boulevard Suite 205 Key Biscayne, Florrida 33149 By: %'/. ace7..4l.9�/t-2 W.F. Durham President VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 Page 5 of 8 EXHIBIT A 1. CONSULTANT to serve as a referral source and conduit for tourism and other inquiries by phone and/or by pedestrian walk-in traffic regarding non -governmental issues on Key Biscayne therefore anyone phoning or walking into the Village offices can be told to "Call and/or go to the Key Biscayne Chamber of Commerce." 2. CONSULTANT to represent the Village of Key Biscayne at non- governmental business -related sessions such as the Greater Miami Convention and Visitors Bureau, the Beacon Council, Metro -Dade County Consumer Services Department, etc. 3. CONSULTANT to provide timely marketing strategies and demographic data for the purpose of assisting the Island's commercial interests in meeting the needs of our citizens. In conjunction, to conduct educational programs and seminars for the Island's commercial segment which will result in an enhanced relationship with the community. 4. CONSULTANT will promote community awareness of business interests through advertising, printed materials and promotions both on and off the Key. 5. CONSULTANT to represent, advocate and be a voice for the business community with regards to ordinances, resolutions and policies. page 6 of 8 6. CONSULTANT to assist in development programs and events, e.g. WinterFest and 4th of July Concert in partnership with the VILLAGE. 7. CONSULTANT to rent, equip, maintain and staff a Chamber office which is accessible to the public during business hours. 8. CONSULTANT to provide bi-monthly newsletter to its membership pronouncing issues of interest to the Islands businesses and to promote close cooperation with other community and public service organizations. 9. CONSULTANT to develop and maintain a volunteer network to assist with community activities. 10. CONSULTANT to fulfill requests by the VILLAGE to communicate directly with the business community as directed by the Village Manager. 11. CONSULTANT to submit monthly progress reports to VILLAGE at the end of each month for the duration of this Agreement Page 7 of 8 EXHIBIT B FEES FOR SERVICES Seventy-five Thousand Dollars and no cents ($75,000.00). Payments to be made to CONSULTANT by VILLAGE at the end of each month in 1/12 increments of the total $75,000. A monthly progress report will be submitted by CONSULTANT and provided to theVILLAGE, attention C. Samuel Kissinger. Page 8 of 8 RESOLUTION NO. 95-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DAfb. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf of the Village, with the Key Biscayne Athletic Club, for recreational services, at a cost not to exceed $35,000.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1995. R JOHN F. FESTA GUIDO H./LNGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 24 day of,'Lw.' ,19ct�° by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Key Biscayne Athletic Club,a Florida corporation (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. 3. TERM The te.cm of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph 8. 4 GENERAL TERMS AND CONDITIONS All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry liability insurance in the minimum amount of $1,000,000. The Village shall be named as an additional insured on all of the liability insurance policies. Each insurance policy shall state that it is not cancellable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other that a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or flint, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit B for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 12. ATTORNEYS FEES In connnection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 13. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows. Village: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 Consultant: Bonnie Cooper, President Key Biscayne Athletic Club P.O. Box 490306 Key Biscayne, F1.33149 (305) 361-7312 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. \keybisca\Professf. agm IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year, first above written. CONSULTANT: Bonnie Cooper, President Key Biscayne Athletic Club P.O. Box 490306 Key Biscayne, FL 33149 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 By: ;,, ✓` 3 r John F. Festa Attest: EXHIBIT B FEES FOR SERVICES Thirty five thousand dollars and no cents ( 35,000.00 ). organize and run the above -mentioned programs. 7. The Key Biscayne Athletic club agrees to purchase and maintain all necessary equipment, including: balls, bats, helmets, goals, bleachers, benches, and other equipment necessary to run the above -mentioned programs. 8. The Key Biscayne Athletic Club agrees to purchase and supply all necessary uniforms for participants in the above -mentioned programs. 9. The Key Biscayne Athletic Club shall collect and retain all fees pertaining to participation in its programs. These fees shall be established at the discretion of the Key Biscayne Athletic Club in accordance with the Key Biscayne Athletic Club's purpose as a non-profit corporation, formed pursuant to Florida law. 10. The nature and purpose of the Key Biscayne Athletic Club is set forth in its Articles of Incorporation, which states in part: "The general nature of the objects and purposes of this corporation shall be to promote and encourage all kinds of field and athletic sports; to promote and encourage the sport, pleasure, exercise and recreation of any and all persons, whether or not they are members of this organization; to promote sociability and friendship among the people and the members...." EXHIBIT A Pursuant to the Agreement for Professional Services entered into between the Village of Key Biscayne and the Key Biscayne Athletic Club, Incorporated, the Key Biscayne Athletic Club agrees to provide the following recreational services for the Village of Key Biscayne: 1. The Key Biscayne Athletic Club agrees to conduct and operate athletic programs for the benefit of the children of Key Biscayne. 2. The Key Biscayne Athletic Club agrees to run a flag football program during the months of September and October of 1995. Approximately 115 participants are expected in this program. 3. The Key Biscayne Athletic Club agrees to run a soccer program from October 1995 until March 1996. Said program shall include an intramural level for children ages 6 to 8 years of age and a travelling program for children ages 8 to 15. Approximately 280 participants are expected in this program. 4. The Key Biscayne Athletic Club agrees to run a baseball program from March 1996 until June 1996. The program shall include a Coach -Pitch League for children ages 6 to 8 and Under 10, Under 12, and Under 15 Leagues for children ages 9 to 15. Approximately 250 participants are expected in this program. 5. These programs shall be scheduled and administered by Key Biscayne Athletic Club personnel. 6. The Key Biscayne Athletic Club agrees to provide coaches, referees, linesman, and any other personnel necessary to RESOLUTION NO. 95-36 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING METROPOLITAN DADE COUNTY'S DEPARTMENT OF CONSUMER SERVICES TO ESTABLISH A FLAT RATE FEE STKUCTURE FOR TAXI SERVICE' BETWEEN MIAMI INTERNATIONAL AIRPORT AND KEY BISCAYNE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Metropolitan Dade County's Department of Consumer Services is charged with the task of regulating the taxi industry in Dade County; and WHEREAS, representatives of Key Biscayne's business community have requested that the county establish a flat rate fee structure for taxi service between Miami International Airport and Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council uiyes Metropolitan Dade County's Department of Consumer Services to establish a flat rate fee structure for taxi service between Miami International Airport and Key Biscayne. Section 2 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of October , 1995. 0, SC ( ATTE IN UANZO, JR., CMC, VILLAGE CLERK AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY OR JOHN F. FESTA RESOLUTION NO. 95-35 A`RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996, PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 200.065 of the Florida Statutes, the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne; and WHEREAS, on September 14, 1995, the Village Council adopted the "Tentative Millage Rate" of 3.80 mils (Resolution 95-34), for the fiscal year commencing October 1, 1995 and further scheduled the final public hearing required by Section 200.065 of the Florida Statutes to be held on September 28, 1995, at 7:00 p.m.; and WHEREAS, said public hearing, as required by Section 200.065 (2)(d), was held by the Village Council on September 28, 1995, commencing at 7:00 p.m., as previously advertised, and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the millage rate and having complied with the "'RIM" requirements of the Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1995 through September 30, 1996 be and is hereby fixed at the rate of .00380 mils which is 3.80 per thousand dollars of assessed property within the Village of Key Biscayne. Section 2. That the roll -back rate is .0040025 mils and the final millage rate is .00380 -- which is 5.059 percent under the roll -back rate. Section 3. This resolution shall be effective immediately upon its adoption by the Village Council. PASSFT7 AND ADOPTED this 28th day of September , 1995. ATTE GUIDO H./INGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM: Sl'LPHEN J. -2- R JOHN F. FESTA RESOLUTION NO. 95-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE TENTATIVE MILEAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1996 PURSUANT TO FLORIDA STATUTE 200.065 (PRIM BILL); SETTING A DATE FOR.A. FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DAVE. WHEREAS, on July 11, 1995, the Village Council adopted Resolution No. 95-24 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1995 and further scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 14, 1995 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 14, 1995, 7:00 p.m., at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, as required by Chapter 200 of the Florida Statutes; and WHEREAS, said public hearing, as required by Section 200.065(2)(c), was held by the Village Council on September 14, 1995, commencing at 7:00 p.m., as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the tentative millage rate and having complied with the "TRIM" requirements of the Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the tentative millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1995 through September 30, 1996 be and is hereby fixed at the rate of .380 mils which is $3.80 dollars per thousand of assessed property within the Village of Key Biscayne. Section 2. That a final public hearing to adopt a millage rate and budget for the fiscal year commencing October 1, 1995 through September 30, 1996 be and is hereby set at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, on Thursday, September 28, 1995, 7:00 p.m. Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing as required by law. PASSE) AND ADOPTED this 14th day of September , 1995. GUIDO H. EGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM: RICHARD . WEI '^i1 ILLAG ATTORNEY -2- RESOLUTION NO. 95-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE APPROXIMATE AMOUNT OF $27,725.54 FROM THE KEY BISCAYNE COMMUNITY CENTER, INC. FOR THE PURPOSE OF FUNDING A COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Community Center, Inc. has approached the Village and indicated its desire to donate the approximate amount of $27,725.54 to be used for the purpose of constructing a community center; and WHEREAS, the Council has made a determination that a community center may be constructed and it wishes to accept the donation to be solely used for this purpose; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council accept a donation in the approximate amount of $27,725.54 from the Key Biscayne Community Center, Inc. Section 2. That the funds will be held in a separate interest - bearing account and used for the purpose of constructing a community center when a community center is approved by the Village Council. Section 3. In the event that the funds are not used within a period of five (5) years, from the date of the approval of this resolution, for the purpose of constructing a community center, the funds will be distributed to the following civic organizations as provided below: Key Biscayne Athletic Club 60% All Key Biscayne Boy Scouts 20% All Key Biscayne Girl Scouts 20% In the event any of the designated civic organizations are not in existence at the time of a distribution, the designated percentage of that civic oiyanization shall be prorated among the rest of the designated civic organizations. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of September , 1995. Al1h R JOHN F. FESTA GUIDO H.,/INGUANZO, JR., CMC, VILLAGE CLERK APPROVED TO FORM AND LEGAL SUFFICIENCY: R3ARD J-WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 95-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREE ENT WITH PBS&J CONSTRUCTION SERVICES, INC., MIAMI, FLORIDA, FOR CONSTRUCTION CONTRACT ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH THE BASINS 1-8 STORMWATER IMPROVEMENTS PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 27, 1995, the Village Council authorized the manager to undertake a Request for Letters of Interest for construction contract administration and inspection services in connection with the Basins 1 - 8 Stormwater Improvement project; and WHEREAS, on June 12, 1995, an interview selection committee interviewed firms and ranked each based on qualifications, proposals and presentations; and WHEREAS, on June 22, 1995, the Village Council authorized the manager to negotiate an agreement with PBS&J Construction Services, Inc., Miami, Florida, for construction engineering and inspection services; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into the an agreement with PBS&J Construction Services, Inc., Miami, Florida, for construction contract administration and inspection services in connection with the Basins 1 - 8 Stormwater Improvement project. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of September , 1995. Al'LEST : _ YOR JOHN F. FESTA GUIDO H. .IGUANZO, JR., CMC, VILLAGE CLERK APPROVED 4.' TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 95-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF MARY SCHULMAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mary Schulman was born in Warsaw and immigrated to the United States as a child; and WHEREAS, Mary Schulman grew up in the New York area where she later worked with New York City's low-cost housing programs during the 1960s; and WHEREAS, in 1975, Mary Schulman moved to Key Biscayne with her husband; and WHEREAS, Mary Schulman was an active member of the business community during her years on Key Biscayne owning several establishments; and WHEREAS, Mary Schulman was well-known on the island for her outspoken opinions on what she felt was best for Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Mayor and members of the Village Council do hereby express their sympathy in the death of Mary Schulman. Section 2. This resolution shall take effect immediately upon adoption. PASSW AND ADOPTED this 12th day of September , 1995. OR JOHN F. FESTA APPROVED AS TO FORM AND TFGAL SUFFICIENCY: VI F ATTORNEY RESOLUTION NO. 95-30 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEnICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Occupational License Equity Study Commission was established by the Village Council on November 15, 1994; and WHEREAS, the commission was created pursuant to F.S. 205.0535 to study the Village's occupational license classification system and rate structure; and WHEREAS, on September 12, 1995, the commission submitted to the Village Council written recommendations as a result of the committee's findings; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council contends the members of the Occupational License Equity Study Commission for their commitment and expresses appreciation for their dedication to the Village and its residents. Section 2. A copy of this resolution shall be presented to each member of the commission as listed on Exhibit A. Each copy shall state: Presented to in appreciation for commitment and • dedication to the Village of Key Biscayne as a member of the Occupational License Equity Study Commission. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPrkr) this 12th day of September , 1995. ATTEST F. FESTA GUIDO H. I UANZO, , CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIW J� SS, VILLAGE ATTORNEY -2- EXHIBIT A MEMBERS OF THE OCCUPATIONAL LICENSE EOUITY STUDY COMMISSION Jeff Krell Chairman Robert Brookes Camille Guething Mary Schulman Timothy Stickney RESOLUTIONNO. 95-29 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING THE MEMBERS OF THE CONSTRUCTION NOISE ORDINANCE COMMITTEE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Construction Noise Ordinance Committee was established by the Village Council on June 6, 1995; and WHEREAS, the committee was charged with the task of studying Section 17 (Noise) of the Code of Key Biscayne; and WHEREAS, on June 27, 1995, the committee submitted to the Village Council written recommendations as a result of the committee's findings; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council contends the members of the Construction Noise Ordinance Committee for their commitment and expresses appreciation for their dedication to the Village and its residents. Section 2. A copy of this resolution shall be presented to each member of the committee as listed on Exhibit A. Each copy shall state: Presented to in appreciation for commitment and dedication to the Village of Key Biscayne as a member of the .Construction Noise Ordinance. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 12th day of September , 1995. GUIDO H2NGUANZO, , CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICEARD J. WEISS, VILLAGE ATTORNEY -2- EXHIBIT A MEMBERS OF THE CONSTRUCTION NOISE ORDINANCE COMMITTEE John Waid Chairman Paul Abbott Shirley Brill Joe Downs Paul Froehler Camille Guething Anne McDonald Jose Ortega Charles Sieger Sergio Velikopoloski Doug Wilson RESOLUTION NO. 95-28 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPOINTING JOAN GILL BLANK AS THE VILLAGE'S LIAISON TO THE MIAMI CENTENNIAL '96 COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami will celebrate its Centennial during 1996; and WHEREAS, the Miami Centennial '96 Committee was established to coordinate events and activities commemorating the event; and WHEREAS, the Village wishes to highlight the completion of the restoration of the Cape Florida Lighthouse during Miami's Centennial celebration; and WHEREAS, the Village may wish to initiate and/or participate in other events sanctioned by the committee; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That Joan Gill Blank, a member of the Centennial Committee, is hereby appointed as the Village's liaison to the Miami Centennial '96 Committee. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of July , 1995. ATTEST GUIDO H. I UANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: HELF T, VILLAGE ATTORNEY RESOLUTION NO. 95-27 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A SOLID WASTE COLLECTION AND RECYCLING FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the single family refuse collection and recycling services provided by Metropolitan Dade County were taken over by the Village on January 2, 1995; and WHEREAS, the administration recommends the implementation of an enterprise fund for the collection and disbursement of funds related to solid waste services; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager, or his designee, is hereby directed to establish a Solid Waste Collection and Recycling Fund. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of July , 1995. ATTEST GUIDO H. NGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: STEPH J. I "FNfAN, VILLAGE ATTORNEY r• R JOHN F. FESTA RESOLUTION NO. 95-26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A CAPITAL IMPROVEMENT FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, to expand the accounting capabilities of the Village, Rachlin, Cohen and Holtz, the Village's auditors, have recommended the establishment of a "Capital Improvement" fund which shall be used to account for the activities and transactions for the capital projects that the Village contemplates; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager, or his designee, is hereby directed to establish a "Capital Improvement" fund. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of _July_, 1995. OR JOHN F. FESTA IDO H. NGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: STEPHEN J. HELEN, VILLAGE ATTORNEY RESOLUTION NO. 95-25 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE TERMS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE VILLAGE AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CONCERNING THE VILLAGE'S MASTER PLAN; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THE EXECUTED AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 16, 1994, the Village adopted the Key Biscayne Master Plan pursuant to Ordinance 94-6; and WHEREAS, the Florida Department of Community Affairs issued a Notice of Intent to find the Village's Master Plan not in compliance with state law; and WHEREAS, the objections of the state are the subject of a pending administrative proceeding; and WHEREAS, the Village and Florida Department of Community Affairs wish to amicable resolve the objections in accordance with the terms of the attached Stipulated Settlement Agreement (the "Agreement"); and WHEREAS, the Village Council held a public hearing on July 11, 1995 to consider the Agreement; and WHEREAS, the Village Council has determined that it is in the best interest of the Village to comply with the terms of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council approves the terms of the attached Stipulated Settlement Agreement. Section 2. That the Mayor is hereby authorized to execute the attached Stipulated Settlement Agreement between the Village and the Florida Department of Community Affairs. Section 3. That the Village Clerk is hereby directed to transmit a copy of the executed Stipulated Settlement Agreement to the Florida Department of Community Affairs. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of July , 1995. ATTEST: MAYOR JOHN F. FESTA i1 GUIDO H. INUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: STEPHEN\ HEL , VI. AGE ATTORNEY -2- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. VILLAGE OF KEY BISCAYNE, Respondent. CASE NO, 94-5S83GM STIPULATED SETTLEMENT AGREEMENT Petitioner, Department of Community Affairs (Department), and Respondent, Village of Key Biscayne (Village), hereby stipulate and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Chapter 163, Part II, Florida Statutes (1994 Supp). b. Aoreement:. This stipulated settlement agreement. Comprehensive Plan or plan: The Village's comprehensive plan adopted by Ordinance No. 94-6 on August 16, 1994. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: Consistent with Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, Section 187.201, Florida Statutes, the applicable regional policy plan, and Chapter 93-5, Florida AdministrativeChde. f. Notice: The notice of intent issued by the Department to which was attached its statement of intent, to find the plan not in compliance. g.. Petitions: The petition for administrative hearing and relief filed by the Department in this case.. h Remedial Actions: Remedial plan amendments, submission of support documents or other actions described in'the statement of intent: or this agreement as actions which must be completed to bring the plan into compliance. Remedial Plan Amendments or Remedial Amendments: Amendments to the plan or support documents, the need for which is identified in this agreement, including exhibits, and which the Village must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this agreement or be otherwise acceptable to the Department. j. Statement of Intent: The statement of intent to find the plan not in compliance issued by the Department in this case. ic. Support Documents: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the plan. 2. Entire Agreement. This is the entire agreement between the parties and contains all the terms and conditions agreed to by the parties. No verbal or written assurance or promise is effective or binding unless included in this document. 3. Approval by Governing Body. This agreement has been approved by the Village at a public hearing advertised in an advertisement published at least 10 but not more than 15 days prior to the hearing in the format prescribed for advertisements in Section 163.3184(15)(c) and Section 163.3187, Florida Statutes. This agreement has been executed by the appropriate officer as provided in the Village's charter or other regulations. 4. Changes in Law. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with, this agreement, the statute or regulation shall take. precedence. 5. Other Persons. Unaffected. Nothing in this agreement shall be deemed to affect the rights of any other, person under the law. 6. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees. 7. Effective Date. This agreement shall become effective upon the last date of signing by the parties. 8 Purpose; Not. Establishing Precedent. Theparties enter into..this,agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the comprehensive plan. The acceptance of proposals for purposes of this agreement is part 3 of aA'negotiated agreement `affecting many factual and legal "issues and is not an endorsement of, and does not establish precedent for; the use of these proposals in any other circumstances'or by any other local government,' . Department Powers. The Department is the state land planning agency`'and has the power and duty to administer and enforce the Act and to determine initially whether a plan or plan amendment -is in compliance. 10. Exhibits. Exhibits A and B are hereby incorporated by reference. 11. Negotiation of Agreement. The Department issued its hotice and statement of intent to find the comprehensive plan not n compliance, and filed -the petition, in this case to that effect. 'Subsequent to the filing of the petition, the parties conferred and agreed to resolve the issues in the petition, notice - and statement of intent through this agreement. It is the intent of this agreement to resolve fully all issues between the parties in this proceeding. 12. Dismissal. If the Village completes the remedial actions equired by this agreement, including the adoption of required plan amendments as set forth herein, the Department shall issue cumulative notice(s) of intent addressing both the compliance agreement amendments and the initial comprehensive plan subject -to this proceeding. The Department shall file the 'cumulative notices of intent with DOAN along with a request to dismiss this proceeding. 13. Filing and Continuance. This agreement shall be filed with DOAH,by the Department after execution, by the parties. Upon the filing of this agreement, the administrative proceeding in this case shall be stayed by the hearing officer in accordance with Section 163.3184(16), Florida Statutes. 14. Retention of Riaht to Final Hearing. Both parties hereby retain the right to have a, final hearing in this proceeding in the event of a breach of this agreement, and nothing in this agreement shall be deemed a waiver of such right. The Department or the Village may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this agreement is not proceeding in good faith to take that action. 15. Description of Provisions not in Compliance and Remedial Actions;. Legal Effect of Agreement. Exhibit A to this agreement is a copy of the statement of intent, which identifies the provisions of the plan which are not in compliance. Exhibit B contains remedial actions needed for compliance. This agreement constitutes a stipulation that if the remedi-al actions are accomplished, the Department shall issue a cumulative notice of intent to find the comprehensive plan and remedial amendments in compliance. However, this agreement shall not be construed to be a waiver of the Department's authority to make determinations under Section 163.3184(9)(b), Florida Statutes. 16. Remedial Actions to be Considered for Adoption. The Village agrees to consider for adoption by formal action of its governing body all remedial actions described. in Exhibit B no later 5 than the' timeper"iod°provided""for*in=.this agreement.;, 17. Adoption or Approval of Remedial Plan. Amendments. Within sixty (60) days after execution of this agreement by both parties, the Village shall consider for adbption: all remedial plan amendments and amendments tot -the support document. This may be done at a single adoption;; nearing- Within. ten (10) working days after adoption of the remedial plan amendments, the Village Shall transmit ten (10) copies of the remedial amendments to the Department as ' -provided in Rule 9J-11.011, Florida Administrative Code. The Village also shall submit one (1) copy to the regional planning agency and to any other unit of local or, state government that has filed a written request with the governing body for a copy of the remedial plan amendments „'and a copyto any party granted intervenor status in this proceeding. The remedial, amendments shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part ofthe plan amended, including references to specific portions and pages. 18. Review of Remedial, Amendments and Notice of Intent. Within forty-five (45) days after receipt of the adopted remedial plan amendments and support documents, the Department shall issue notice(s) of intent, pursuant to Section 163.3184, Florida Statutes, for the adopted. remedial amendments in this agreement. a.. this satisfy In Compliance: If the adopted agreement, the Department shall accordance with remedial actions issuecumulative notice(s) of intent addressing both the comprehensive plan and the 6 compliance agreement remedial amendments as being in compliance. The Department shall file the cumulative notice(s) with DOAH and shall move to have the proceeding dismissed. b. Not in Compliance: If the remedial actions are not adopted, or if they do not satisfy this agreement, the Department shall issue notice(s) of intent to find the remedial plan amendments not in compliance and shall forward the notice(s) to DOAH for a hearing as provided in Section 163.3184(10), Florida Statutes, and may request that the matter be consolidated with the pending proceeding for a single final hearing. The parties hereby stipulate to that consolidation and to the setting of a single, final hearing if the Department so requests. 19. Effect of Amendments. Adoption of any compliance agreement remedial amendments shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 20. Agreement Regarding Further Amendments. The local government agrees not to transmit or adopt any additional amendments to its plan until the remedial amendments described in this agreement have been adopted and a notice of intent to find them in compliance has been issued by the Department. In witness whereof, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. 7 DEPARTMENT OF COMMUNITY AFFAIRS Charles Pattison, Director Division of Resource Planning and Management July 11, 1995 Date Attest: Assistant General Counsel villag- Pttor 8 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: VILLAGE OF KEY BISCAYNE) COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO. 94-6 ON AUGUST 16, 1994 STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find, the Comprehensive Plan of the Village of Key Biscayne, adopted by Ordinance No. 94-6 on August 16, 1994, Not In Compliance: based upon the Objections, Recommendations and Com-gents Retort (ORC Report) issued by the Department on April 7, 1994, which is hereby incorporated by reference, and changes made to the plan, as adopted, which were not previously reviewed by the Department. The Department finds that the plan is not "in compliance", as defiled'in Section 163.3134(1)(b), Florida Statutes (F.S.), because it is not consistent with Sections. 1663.177 and 163,3175, F.S., the State Comprehensive Plan, the Regional Plan - for South Florida, and Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: vitLage of Key Biscayne SO: EX______ A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS VILLAGE OF KEY BISCAYNE) COMPREHENSIVE PLAN ). ADOPTED BY ORDINANCE NO. 94-6 ON AUGUST 16, 1994 ) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN NOT IN COMPLIANCE The Florida Department of Community Affairshereby issues its Statement'of Intent to, find the Comprehensive Plan of the Village of Key Biscayne, adopted by Ordinance No. 94-6 on August 16, 1994, Not In Compliance based UpontheObjections, Recommendations and Comments Report (ORC Report) issued by the Department on April 7 1994, which is herebyincorporated by reference, and changes: made to the plan, as adopted, which, were not previously-"reviewed,by the Department. The Department finds that the plan is not "in compliance", as defined in Section 163.3184(1)(b);', Florida Statutes (F.S.)., because ,it. is not consistent with Sections 16S.3177 _and 163,3178, F.S., the State ComprehensivePlan, the Regional Plan. for South Florida, and Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: Village of. Key Biscayne 501 1 EXHIBIT 3 I. FUTURE LAND USE ELEMENT A. Inconsistent Provisions. The inconsistent provisions of the Plan are as follows: 1. The methodology for estimating a projected population in the plan is straightforward; there is limited vacant land for development in the village and the Future Land Use Map (FLUM) densities -for these areas are known. However, statements and assumptions are made in the discussion of the population projection that are not clear. It cannot be determined if the population projection is based upon buildout at the FLUM designations or some other assumptions. It appears that there are inconsistencies in the seasonal population -projections as noted by Metro -Dade County. [Rule 9J -5.005(2)(e), and 9J- 5.006(3)(b)9, F.A.C.} 2. Policies 1.1.3 and 1.2.1 defer to the land development regulations (LDR's) and do not provide adequate guidance for the LDR's. These policies also defer to the statutes and administrative code, and to regulatory agencies for the governing of signs, subdivisions, and floodplain protection. The language also allows for a self -amending plan. [Rule 9J -5.006(3)(b)2 and 3, and 9J -5.006(3)(c)1, F.A.C., Section 163.3177 and 3178, F.S.] 3. Objective 2.1 and Policy 2.1.1 deferthe extension of central sewer to those areas currently served by septic tanks until 10 years beyond the end of the planning horizon. Policy 2.1.3 defers to the land development code and does not provide Village of Key Biscayne SOi standards for drainage, erosion control, pervious surfaces, t'and traffic flow and parking. Objective 2.2 is not specific as to when stormwater outfalls into Biscayne Bay will be eliminated. Policy 2.2.2 relating to stormwater management, dune protection, and other environmentally sensitive land protection measures defers to statute, administrative code,:, and other regulatory agencies which does not provide guidance for the LDR's and also, creates a self -amending plan." Objective 2.3 no longer provides for the elimination of direct stormwater outfalls to.,Biscayne Bay, but rather the "mitigation to the maximum extent feasible" of these outfalls by December 31, 1998, The proposed language sets a date certain, but the action that is to be completed by this date is now ,iniauestion. Policy 2.3.1 has been modified to remove the reference to eliminating stormwater outfalls and sets that date for activation of a stormwater utility as no later than December 31, 1998 which is inconsistent with Objective 2.2. Policy 2.3.2 does not provide specific guidance to the LDR's. [Rule 9J -5.006(3)(b)4 and (3)(c)"4 and 6, F.A.0 „ Section 153.3177, and 3187, F.S.j- 4. Objective 2.5 is not measurable or specific. Policy 2.5.1 defers requirements for the provision of "sewer and stormwater lift stations.., collection/infiltration mechanisms, and other utility land requirements." to the LDR's. [Rule 9J- 5.006(3)(b)9, F.A.C.3 VI (age of Key Siscar a soI 3 5. Policy -1.1.1 makes the provision that reconstruction after a natural disaster or other casualty cannot exceed the original density or intensity of the pre -disaster use. However, this provision is now inconsistent with Policy 1.2.1 that requires redevelopment to be consistent with the provisions of Policy 1.1.1 (which includes the land use category descriptions) and the FLUM, and inconsistent with the provisions of Conservation and Coastal Management Element Policy 3.3.1 that requires structures that are damaged by more than 50% of their value to rebuild according to current development regulations. It is not clear from the policies as to whether a non -conforming use in a given land use category would be allowed to rebuild to its pre -casualty use, or whether it would be required to rebuild in a manner consistent with the FLUM and Future Land Use Element (FLUE). [Rule 9J -5.005(5)(a), and 9J -5.006.(3)(c)1 and 7, F.A.C.j B. Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1 Clearly state the assumptions made in preparing the permanent and seasonal population projections and the basis of the projections. 2. Establish policies which provide clear guidance for the regulation of the subdivision of land, floodplain protection, and signage. Village of Key Biscayne SOI 3 Stormwater outfalls'to Biscayne Bay and their associated drainage systems, and the complete provision of central sewer are two of the Village's more pressing infrastructure concerns from the standpoint, of natural resource protection and public welfare. The Village should design very clear policies and set the most expedient timetable possible to addressthese issues. 4. Specify when and under what conditions utility infrastructure will be required and how adequate land area for this use will be provided. 5. Resolve, the internal inconsistency concerning post- disaster redevelopment by clearly stating what the rebuilding and redevelopment policy of the Village will be. It is suggested that the Future Land Use Map be the guiding document for redevelopment and rebuilding. TRAFFIC CIRCULATION ELEMENT A. Inconsistent Provisions. The inconsistent provisions of the Plan are as follows: 1. The service volume standards used in the Village support- document are not consistent with the volumes given in FDOT's 1992 Level of Service Standards and Guidelines Manual. The Village Plan :includes a disclaimer that the service volumes used in the support document analysis are for design capacity information and do not reflect FDOT or Dade County maximum service volumes. The data and analysis is inconsistent as to the ViL age of Key Siseayne °A: build -out Level of Service (LOS) for Crandon Boulevard. The statement is made that the roadway will operate at LOS E at buildout.while,the data suggests that the roadway will be at LOS F. The methodology and assumptions used to arrive at the projected build -out levels of service are not clearly stated. [Rule 9J -5.005(5)(a) and 9J-5.007(1) and (2), F.A.C.] 2. Policy 1.1.1 establishes LOS standards that the data and analysis suggest cannot be met and accommodate the committed development within the Village. Objective 1.4 and Policies 1.1.2, 1.4.1 and 1.4.2 defer to the LDR's. The policies do not provide specific standards so as to guide the LDR's. Policy 1.1.1 states that Crandon Boulevard, the only arterial in the Village, will operate at LOS E or better, "although the LOS could potentially fall slightly below E near the north Village limits." It would appear that the Village is making.the provision for LOS of F on an arterial roadway segment. The Village -is adopting a LOS for their collector roadwaysof.B. The data supplied with the adopted plan indicates that these roadways are at LOS D now. Policy 1.1.3 was added to specify how the Village will address meeting the adopted LOS in Policy ,1.1.1. It is not clear how these proposals will address meeting the adopted LOS in view of the current operating conditions for; these roadways. policy 1.1.2 is not specific and states that State highway access management standards will be considered in developing access controls, but provides no guidance to develop an access Village. of Key Biscayne SGi 6 anagement program Policy 1.4.2 concerning-access"management° on Crandon Boulevard, has been amendedto reflect Objective 1.4 o reducethe lineal footage of curb cuts on Crandon. Boulevard. The Policy does not state howthis objective will be achieved and defers to the LDR's. [Rule 9J -5.005(5)(a). and 9J -5.007(3)(b) and c), F.A.C.] Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. The Village could resolve the inconsistencies noted. concerning roadway service volumes by using the FDOT 1992 Level of Service Standards and Guidelines Manual in the roadway analysis. Determine the buildout LOS for. Crandon Boulevard so that there, is no ambiguity asto what the projected LOS will. be. 2. Revise the policies to provide.' clear guidance to the LDR's to address methods of meeting LOS standards. Determine the. projected LOS for Crandon Boulevard at buildout and identify mitigation efforts, if necessary, to be :undertaken to address any projected LOS deficiencies. Revise Policy 1.1.2 to provide specific guidance to an access management program. III. HOUSING ELEMENT Inconsistent Provisions.. None. Vi[Iage of Key Biscayne SO/ 7 IV. INFRASTRUCTURE ELEMENT: SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL GROUNDWATER AOUIFER RECHARGE A. Inconsistent Provisions. The inconsistent provisions of the Plan are as follows: 1. Objectwe 1.1 as adopted removes reference to the elimination of direct stormwater outfalls to Biscayne Bay and shifts the focus to "technically and economically feasible" mitigation of these outfalls by December 31, 1998 and to require onsite stormwater detention. While a date certain has now been established for an action, that action is not specific. Policy 1.1.3 defers to the LDR's for stormwater management requirements. Specific criteria for the extent of on -site detention required, impervious surface area ratios; conveyance structure type and maintenance, and drainage LOS have been deferred to the LDR's. Objective 1.2 has been 'amended to provide for the extension of central sewer by 2014, ten years beyond the end of the planning period. Policy 1.2.1 has been amended to require completion of a plan to provide sewer service to unsewered areas of the Village by 2014 as opposed to 2004 and to begin implementation no later than 2014. The support document indicates that approximately 25% of the Village area is served by septic tanks and that from time to time there is evidence of septic tank effluent percolating to the ground surface. The support document also indicates that drainage is an acute problem in the Village and most if not all of the stormwater flows directly to Biscayne Vi l lane of Key Biscayne SOi 8 Bay, or into drainage wells, with little or no pre-treatment. It can therefore be assumed that septic tank effluent is being carried by stormwater to Biscayne Bay and into these drainage wells. The Village has initiated, as indicated in the support document to the Master Plan, a master drainage plan to address drainage problems. The Village has not fully addressed the resource concerns due to stormwater runoff raised by the Depai anent and made adequate provision for the removal of existing septic tanks. [Rule 9J -5.011(2)(b)1 and (2)(c)1, F.A.C,] 2. Policies 1.4.1 and .1.4.3 have been revised to set LOS standards for sewerand potable water of 140 gallons per capita per day (gpcpd) and 280,gpcpdrespectively. These LOS standards are inconsistent with Intergovernmental Coordination Element Policy 1.3.1 which ties the Village LOS to Dade County's LOS for these services. The Dade County LOS for sewer is 100 gpcpd and water .is.,200 gpcpd. The plan is internally inconsistent. Policy 1.4.4 states that development and redevelopment shall adequately accommodaterunoff to meet all federal, state and local requirements. The policy does not set a specific LOS standard for drainage.[Rule 9J-5.005((3) and 5)(a), 9J-5.003(65), and 9J -5.011(2).(c)2 and 5, F.A.C] 3. Policy 1.5.1 requires the LDR's to provide for irrigation requirements to conserve water, water conservation plant species.. requirements for landscaping derived from SFWMD lists, mandatory use of ultra -low volume water saving devices in all new construction and. rehabilitation lawn watering Vi Liege of Key Biscayne Sol 9 restrictions, and other water conservation measures as feasible. However, the policy does not provide specific guidance to the LDR's as to the standards and criteria that will be required. Policy .1.5.2 was amended to provide for educational programs to promote water conservation; Policy 1..7.13 provides for an emergency water conservation plan. The policies do not address the requirements of Policy 8.1.7 of the Regional Plan for South Florida. [Rule 9J -5.011(2)(b)4 and 9J -5.011(2)(c)3, F.A.C., Regional Plan for South Florida Policy 8.1.7] 4. Policy 1.5.1 lacks specificity as to how the Village will carry out the proposed water conservation measures, and the adopted policy defers to statutes and administrative code to address recycling efforts. [Rule 9J -5.011(2)(b)4, 9J- 5.013(2)(b)2, F.A.C;' and Chapter 187.201(13)(a) and (b)1 and 9, F.S., Regional Plan for South Florida Policy 18.1.2] B. Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the policies under this objective to provide sufficient detail to guide the LDR requirements for stormwater management. A more definite target date and Shorter time frame for completion of the financial and engineering plan and conversion of Septic tanks to central sewer should be included .in the Village Plan. Also see recommendations for Future Land Use Element•Oojective 2.1. 4'i t(a5e of Key Siscayne 502 10 the LOS standards for central sewer and potable water. Establish esolve the internal inconsistency within the Plan for a specific drainage level of service for both water quality and quantity.', Clearly state the IDS for drainage will be in accordance with :the :provisions of Chapter 17-25, F.A.C. in order to meet receiving water body quality standards in Chapter 17- 302.500 F.A.C.;, and that post development runoff shall .not ..exceed pre -development runoff rates. 3. Revise the above policies to be specific. Include policies to address other methods of water conservation. Develop a method to monitor and measure water consumption within the Village. 4. Establish policies which provide clear guidance for conservation efforts such as resource recovery, recycling, cogeneration, water reuse systems, and other measures to lessen the impact of development upon public facilities and resources. The RPC suggests that at a minimum the Village use the conservation standards required of the island while under the jurisdiction of Dade County.. CONSERVATION AND COASTAL MANAGEMENT ELEMENT A. Inconsistent Provisions: .The.inconsistent provisions of the Plan are as follows: 1. Policies 2.2.1 and 2.2.2 do not identify regulatory or- management techniques to limit the specific and cumulative Village of Key Biscayne SOI 11 impacts -of development'o quality, water quantity, resources, and beach and redevelopment upon wetlands, water wildlife habitat, living marine dune systems. These policiesdo not identify the regulatory or management techniques for the restoration or enhancement of disturbed -or degraded natural resources including beaches and dunes; estuaries, wetlands, and drainage systems. Objective 2.2 and Policies 2.2.1, 2.2.2, -and 2.2.3 regulate building seaward of the coastal construction control line and require dune restoration for any new development. The. Village did not specifically address redevelopment. Conceivably; redevelopment could occur in the Village and not met the requirements for natural resource conservation or enhancement. [Rule 9J -5.012(3)(c)1 and 2, F.A.C.7 2. A policy identifying regulatory or management techniques for general hazard mitigation (including regulation of building practices, floodpiains, beach.and dune alteration, stormwater management, sanitary sewer and septic tanks, and land use) to reduce the exposure of human life and property to natural hazards is not included. The Village modified Policy 1.5.1 to require the Village manager to ensure enforcement of FEMA regulations, but no specific policy to address the above listed requirements was adopted. Policy 2:2.2 has been amended to squire dune restoration of new development to the extent "economically and technically feasible." There is no reouirement for redevelopment Vittage of Key Biscayne SCI 12 o restore dune areas. The policy is not specific as to the of restoration that will be required. Objective 3.1 has been amended to, limit as opposed to prohibit the expenditure of Village funds: on infrastructure that, would subsidizedevelopment that is more intense than that authorized by the Plan. Policy 3.1.1 and Policy 3.5.6 state that the Village will not fund any public infrastructure that directly. subsidizes specific private development. The objective and policies are internally inconsistent. Policy 3.5.1 has been amended to require building setbacks from the ocean that are "the maximum consistent with reasonable use of private property." The policy does not set a specific. setback distance. Policy 3.5.1 appears to be inconsistent with other policies requiring building landward of the coastal construction control line. [Rule 9J -5.005(5)(a), and 9J -5.012(3)(c)2 and 3 F.A.C.} 3. Policy 3.3.1 sets a threshold of damage exceeding 50% of a structure's value as the point at which redevelopment shall be -required to, complywith all current regulations. As noted. previously, this provision renders the Plan internally inconsistent. Objective 3.3 sets,a 1996 date for adoption of.. a. post- disaster redevelopment plan. Policy 3.3.1 sets the date at 1999. The objective and policy are not consistent. New Policies 3.3.2 and 3.3.3do not provide guidelines or standards for the post disaster redevelopment plan. [Rule 9J -5.005(5)(a), and 9J- VS(Lege of Key Biscayne >Ot 13 5.012(3)(c)5,'F.A.C.j 4. Policy 3.3.,4 does not identify regulatory or management techniques for.identifying areas needing redevelopment and, defers to the as yet unadopted post -disaster redevelopment plan. [Rule 9J -5.012(3)(c)6, F.A.C.] 5. Policy 2.1.2 includes specific criteria and requirements, for new marina, marina expansion, or similar water- dependent uses. The expanded policy makes reference to Metro Dade Shoreline Development Review Procedures, but does not adopt these procedures or say what the procedures are. The policy contains the -provision to be self -amending as Dade County may amend its Shoreline Development Review procedures. [Rule 9J -5.012(3)(c)9, F.A.C., Section 163.3184, F.S.) 6. Policy 2.5.1 provides for the protection of. Biscayne Bay by implementing a master drainage plan, replacing septic tanks with central sewer, mandating onsite stormwater detention, and marina siting standards. The policy do not specify when these activities will occur. Policy 2.5.2 provides for Village coordination in the review of bayfront projects by the Biscayne Bay Shoreline'Developrnent Review Committee. It is not clear how this action will contribute to the improvement and protection of Biscayne Bay. As noted in the Infrastructure Element review, the Village proposal for the management of stormwater and provision of central: sewer is inadequate. .,Rule 9J -5.012(3)(c)14, F.A.C.] Village of Key Biscayne SO1 14 Policy 2.5.2 concerns tine coordination of,a-`-Village representative with the Biscayne Bay Shoreline Development Review Committee. The policy makes no mention of coordinating with other agencies that have regulatory authority and management responsibility for Biscayne Bay such as the Florida Department of Environmental Protection (FDEP) and the National Park Service or their management plans for Biscayne Bay. The membership of the Review, Committee is not specified in the Plan. [Rule 93-5.012(3)(c)15 F.A.C.] Policy 1.2.2 does not provide adequate guidance to the LDR's for the correction of drainage and stormwater management problems in the. Village. Policy 1.4.2 was amended to provide for the location and screening of beachfront lights "in a way that is practical to water dependent and water related uses" to assist in protecting sea turtles. The policy is not specific as to what the locational and screening criteria are or what the desired, result may be. Policy 2.2.2 was amended to provide for dune restoration of. the highest level that is "technically and economically feasible" in conjunction with new development. The policy doesnot specify what this restoration will entail or that redevelopment will also be required to restore dunes_ objective 2.5 is not measurable =or -specific. Objective 3.5 does not provide measurability. The objective to "minimize damage from any hurricane storm surge" is not measurable in Ritlage of Key Biscayne SOI 15 itself. Policy 3.5.1 and new Policy 3.5:3 do not provide specific -standards for setbacks and limiting fill so as to avoid storm surge damage. Policy 3.6.1 does not provide guidance to the LDR's to achieve the objective of`commercial redevelopment. [Rule 9J -5.013(2)(c), F.A.C.] 9. Policy 3.5.3 concerns limiting the filling of areas, . but lacks specificity. Policy 1.7.1 concerns beach renourishment and minimizing natural' resource' damage caused by the renourishmentr The policy lacks specificity to adequately guide the LDR's. Policy 1.7.2 concerns locating borrow areas for beach renourishment. The policy contains a syntax error and cannot be evaluated. Policy 1.7.3 concerns discouraging the encroachment upon the beach front and 'dunes by development. However, the policy does not say how encroachment will be discouraged. As noted previously, no specific setbacks have been set other than not allowing buildings seaward of the coastal construction control line. The issue of resource protection has not been fully addressed. Policy 1.7.4 contains a syntax error and cannot be evaluated. The policy concerns the effect=_ that dredge and fill would have upon benthic communities. Policy 1.7.6, intended to.protect listed species and all birds within the Village, lacks specificity. [Rule 5J -5.013(2)(c), F.A.C.] Vi i Cage of Key Siscayne SO' 16 10. The Village has not adopted a policy to designate environmentally sensitive lands for protection (based on locally determined criteria) or explained why such a policy would be unnecessary. , [Rule 9J -5.013(2)(c)9, F.A.C.J 11. Objective 1.3 Vegetative and Soil Resources and. Policy 1.3.1, have been amended to remove reference to keeping non- seawalled waterfront as natural as possible, for habitat. purposes. Language was added„ tom, the policy to require Dade County Department of Environmental. and Resource Management;. Permits . for. construction seawardof mean high water line. The new language is inconsistent with 9,3-5 requirements, for the protection of natural resources, particularly habitat for listed species. It is not clear how this language is consistent with other policies in the plan limiting construction seawardofthe coastal construction control line. [Rule 9J -5..013(2)(c), F.A.C.1.. B. Recommended Remedial Actions. These inconsistencies may be remedied by -taking the following actions: i. Specify that, the regulatory or. managementtechniques. for the restoration of natural resources and programs for the mitigation of future, disruptions or degradations will apply to all development and redevelopment. 2. Revise Policy 3.5.1 to require specific building setbacks from the ocean. and Bay to address.. hazard mitigation and resource protection. Resolve the inconsistency between Objective 3.1 and Policies 3.1.3 and 3.5.6. Vi {Sage of Key Biscayne Sol 17 3. Resolve the inconsistency between Objective 3.3 and Policy 3.3.1. See recommendation for FLUE Policy 1.1.1. 4. Include a policy, based on relevant data and analysis, ` that specifies regulatory or management techniques for redevelopment. 5. Revise Policy 2.1.2 to incorporate by'reference and include as an attachment Policy 4D of the Metro -Dade Comprehensive Development Master Plan (CDMP) Coastal Management Element, and include guidelines to be utilized by the Village upon future amendments to Dade County Policy 4D. 6. Revise -Policies 2.5.1 and 2.5.2 to include specific dates for the implementation of the master drainage plan, replacing septic tanks with central sewer, and mandating of onsite stormwater detention. Revise Objective 2.5 and Policy 2.5.2 to include other agencies that have regulatory authority and management responsibility for Biscayne Bay such as 'the Florida Department of Environmental' Protection and the National -Park Service. 8. Revise the above objectives and policies to include specific and measurable actions to be taken by the Village to address stormwater management: 9. Revise the above objectives and policies to include specificand measurable actions to be taken by the Village. Correct the syntax errors in Policies 1.7.2 and 1.7.4. Village cf Key Biscayne SOI 18 evise the Elementto include a policy, based on relevant data and analysis, designating environmentally sensitive lands. 11. Revise the objective and., policy to provide for the protection of habitat for listed species and natural resources. clarify the -relationship of this policy to other policies in the Plan concerning coastai,coxnstrruction. VI. RECREATION AND OPEN SPACE ELEMENT. A. Inconsistent Provisions. The inconsistent provisions, of `the Plan are as follows: 1. Policies 1..4-_1 and 1.4.2 are not specific as to how much public open space is to be required. The Village amended Policies 1.4.1 and 1.4.2 to state that required open space "shall be consistent with the high property values of. the island and the need to ensure reasonably satisfactory. levels of access to light and air." The policies do not set any specific standards for open space requirements. [Rule 93-5.014(3)(c)4] B. Recommended Remedial Actions. These inconsistencies may be remediedby taking the following actions: 1. Revise Policies 1.4.1 and 1.4.2 to establish specific guidance for the provision of required open space. Vittage, of Key Biscayne 501 19 VII. INTERGOVERNMENTAL COORDINATION ELEMENT A. Inconsistent. Provisions. The inconsistent provisions of the Plan are as follows:' 1. The Plan makes reference to the potential use of areas within the boundaries of Bill Beggs Cape Florida State Park to provide active recreation -sites for the Village. Such a provision is"inconsistent with the established management plan for this State Park. The Florida Department of Environmental Protection (FDEP) has stated that the unit management plan only authorizes passive recreational use of the State Park which must be consistent :with management plans and efforts required to protect the -natural and cultural resources found within the Park. The Park Management plan does not identify any lands as surplus to the needs of the.Park.. Policy 1.2.1 contains language that indicates that the, intended use of Bill Baggs/Cape Florida State Park and Dade County Crandon Park is inconsistent with the master plans for these parks.[Rule 9J -5,.015(3).(b)2 and 3, F.A.C.j 2. Objective 1.3 ties the Village LOS standards to those of Dade County. Policy 1.3.1 states the Village will use the same LCS standards as Dade County for solid waste, sewage, and water. The stated Village LOS for sewer is 140 gpcpd,.water is 280 gpcpd, and solid Waste is 5.2 pounds per person per day. Dade County's LOS for sewer is 100 gpcpd, water is 200 gpcpd, Village_ of Key Biscayne SOI 20 solid waste is 7 pounds per person per day. Objective 1.3 and Policy 1.3.1 are inconsistent with other policies in the adopted Plan. [Rule 9J -5.015(3)(b)2 and 3 and 9J -5.005(5)(a), F.A.C.} 3. Policy 1.2.4 indicates that the Village will contribute to the improvement of water quality in. Biscayne Bay ;by implementing a master drainage plan, replacing septic tanks with central sewer, mandating on -site detention of stormwater, and implementing marina siting standards. There are concerns as previously noted with the implementation of the activities associated with stormwater management and the provision of central sewer facilities. Policy 1.2.5 concerns the coordination of the review of bayfront development projects with the Biscayne Bay Shoreline Development Review Committee. The policy makes no mention of coordinating with other agencies that have regulatory authority and, management responsibility for Biscayne Bay such as FOE?. and the National Park Service. The membership of the Review Committee is not specified in the Plan. [Rule 9J -5.015(3)(c)6, F.A.C., Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. Resolve the inconsistencies over_ the recreational use of Bill Baggs Cape Florida State Park and Dade county Crandon Park and the conflict between the management plans for, these areas and the potential uses suggested by theVillage. village of Key Biscayne SQL 21 2. Resolve the inconsistencies in the adopted LOS standards. If it is the Village's intention to adopt LOS standards for solid waste, sewage, and potablewater that differ from those of Dade County, then the Village should amend'the LOS standards adopted in the Infrastructure Element in Policies.1.4.1 through 1.4.5. 3. Revise Policy 1.2.5 to include all agencies that have regulatory authority and management responsibility for the Biscayne Bay, such as FDEP and the National Park Service. VIII. CAPITAL IMPROVEMENT ELEMENT A. Inconsistent Provisions. The inconsistent provisions of the Plan are as follows: Policy 1.5.3 requires development and redevelopment to pay a proportional share of the'cost of expanded public facilities for which the' development or redevelopment creates the need. However, the policy does not say what that share may be or how a share will be determined. [Rule 9J -5.016(3)(b)4 and (c)8, F.A.C.1. B Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. Revise Policy 1.5.3 to include the specific proportionate share of facility improvement costs to be born by new development and redevelopment. Village of Key Biscayne 561 22 CONSISTENCY. WITH THE STATE COMPRE A. Inconsistent Provisions.. Theinconsistent provisions of he comprehensive plan underthe subject heading are as follows: 1 The plan is not consistent with, and fails to, further the State Comprehensive Plan including the following provisions [Rules 9J-5..021 and 9J-11.006(3), (8) Water Resources, Goal (a), policies (b) 5,., .6 , 8., 9., 10., and 11., which referto the protection of surface and ground water quality and quantity; aquifer recharge quality; protection of water courses; and environmentally sensitive floodplain resources. (9) Coastal and Marine Resources, Goal (a), Policies (b), 2., 4., 6., and 7., which refer to the provision of public access to beaches, and, the protection of aquatic,, habitat.. (10) Natural Systems and Recreational Lands, Goal (a), Policies (b) 1., 2., 3., 4., 7., and 10.,.which -refer to the conservation of, natural habitats and wetland systems; potential destruction of endangered species; protection of the ecological function of wetlands systems; and the maintenance of ecologically intact systems. (16) Land Use, Goal (a), Policies. (b) 2..3..,, 4., 6., and which refer to the efficiency o.f development; and review of specific impacts to natural resources. Vi t Iage, of Key Biscayne SDI 23 (18) Public Facilities, Goal (a), Policies (b)1., 6., and 10., which refer to provision of adequate public facilities. (20) Transportation, Goal (a), Policies (b) 3., 9., and 13., which refer to efficiency of transportation systems. 3. Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to be consistent with and further the State Comprehensive Flan, including the above -referenced goals and policies. Specific recommendations can be found in above Sections S through VIII. Village. of Key Biscayne SO' 24 X. CONSISTENCY WITH THE COMPREHENSIVE REGIONAL POLICY PLAN . Inconsistent Provisions. The inconsistent provisions. plan under the subject heading are as follows: 1. The plan is not consistent with and does not further the Regional Plan for South Florida, including the following goals and policies [Rules 93-5.021 and 9J-11.006(3), F.A.C.j: (8) Water Resources, Goals 8.1 and 8.4, Policies 8.1.7, 8.1.8, 8.1.11, 8.1.14, 8.1.22, 8.1.24, 8.1.29, 8.2.1, 8.2.2, 8.4.2, 8.4.3, 8.4.4, 8.4.6, and 8.4.16, which refer to the protection of surface and ground water supplies, wetland and 'floodplain resources, and basin management. (10) Natural Systems and Recreational Lands, Goals 10.1, 10.3, and 10.5, Policies 10.1.7, 10.1.8, 10.1.11, 10.3.1, 10.3.4, 10.3.5, 10.5.6, 10.5.7, and 10.5.8, which refer to protection of endangered species; providing for the protection of the natural function of wildlife habitat and wetlands. (16) ?and Use, Goals 16.3 and 16.4, Policies 16.3.1, 16.3.2, 16.3.4, 16.3.6, 16,3.7, 16.3.8, 16.3.9, 16.4.1, 16.4.2, which refer to land use compatibility; and the protection of natural resources. (18) Public Facilities, Goal 18.1, Policies 18.1.2, which refer to reducing the impacts of new development on existing public facilities and services. (20) Transportation, Goal 20.2, Policies 20.2.1 and 20.2.3, which refer to efficiency of transportation systems. Village of Key Biscayne SOI. 25 B. Recommended Remedial Actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to be consistent with and further the Regional Plan for South Florida, including the above referenced goals and policies. Specific recommendations can be found above in Sections I through VIII. Village of Key 3iscayne sor 26 LT:ALL, 1. The plan is 'not consistent with the Regional Plan for South Florida: 2. The plan is not consistent with the State Comprehensive Plan. 3. The plan is not consistent with Chapter 93-5, F.A.C. 4. The plan is not consistent with the requirements of Sections 163.3177, and 163.3178, F.S. 5. The plan is not "In Compliance," as defined in Section 163.3184(1)(b), F.S. 6. In order to bring the plan into compliance, the Village may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this Florida. day of October, 1994, at Tallahassee, Village of Key Biscayne SD[ Charles G. Pattison, Director Division of Resource Planning and Management 2740 Centerview Drive. Tallahassee, Florida 32399 VILLAGE OF KEY BISCAYNE Village Council John FrFesta, Mayor BettySlme'ViceMayor Rauli,lorente Hugh T. O'Reilly Michele Padovan RaymondP. Sullivan John Waid Village Clerk Guido H. Inguanzo, Jr. Mr.'Jeffery ;Bielling, Planning Manager Department of Community Affairs State of Florida 2740 Centerview Drive Tallahassee, Florida 32399-2100 Office of the Village. Clerk July 14, 1995 RE: Stipulated Settlement Agreement Dear Mr. Biding As per your letter of June 8, 1995, enclosed please find a certified copy of Resolution 95-25 and the attached executed copies of the Stipulated Settlement Agreement between the Department of Community Affairs and the Village of Key Biscayne. Also enclosed please find two copies of the strike through -underline version of the Village's Master Plan. If you have any questions, or need any additional information, please contact my office at (305) 365-5506. Guido H-nguanzo, Jr., CMC Village Clerk 85 West McIntyre Street • Key Biscayne, Florida 33149 - (305) 365-5506 • Fax (305) 365.8936 MISSION STATEMENT 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL !SUNDER$ THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO. 95-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW; DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 1995 the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County, Florida, served upon the Village of Key Biscayne, A "Certification of Taxable Value" certifying to the Village of Key Biscayne its 1995 taxable value; and WHEREAS, the provisions of Florida Statutes Section 200.065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser of Metropolitan Dade County the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will be held to consider the proposed millage and the tentative budget; and WHEREAS, the Village Council desires to announce the dates of the first and second public hearings to the Property Appraiser of Metropolitan Dade County; and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Metropolitan Dade County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA: SECTION 1. That the proposed millage for the first public hearing is hereby declared to be .00399 mills which is $3.99 per $1,000.00 of assessed property within the Village of Key Biscayne. SECTION 2. That the current year rolled -back rate, computed pursuant to Section 200.065 F.S., is $4.0024 per $1,000.00. SECTION 3. That the date, time and place of the first and second public hearings is hereby set by the Village Council as follows: Date Time Place September 14, 1995 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 September 28, 1995 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 SECTION 4. That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County on or before August 4, 1995. SECTION 5. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this llth day of _July_, 1995. ATTEST: GUIDO H. I GUANZO, JR., APPROVED AS TO STEPHEN CMC, VILLAGE CLERK AL SUFFICIENCY: LAGE ATTORNEY -2- RESOLUTION NO. 95-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING JAMES BREWSTER FOR HIS EFFORTS DURING THE VILLAGE'S 1995 FOURTH OF JULY CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village sponsored a fireworks display on the Fourth of July; and WHEREAS, James Brewster volunteered his time to work with the Village's Department of Recreation to assist in coordinating the event; and WHEREAS, James Brewster's untiring efforts and volunteer work assisted the Village in providing fora successful fireworks display on the Fourth of July; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council commends James Brewster for his untiring efforts and volunteer work in assisting the Village's Recreation Department in providing for a successful fireworks display on the Fourth of July. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of July , 1995. ATTEST: GUI -DO H. INGRfANZO, JR., VILLAGE CLERK fre... erJOHN F. FESTA APPROVED AS TO F'RM a D LEGAL SUFFICIENCY: RICHARD k WE ? VI L 'GE ATTORNEY RESOLUTION NO. 95-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING LOREN MATTHEWS FOR HER EFFORTS AS COORDINATOR OF THE VILLAGE'S FOURTH OF JULY ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Key Biscayne' s Fourth of July celebration included the 36th Annual Fourth of July Parade, the Kiwanis Picnic and Taste of the Key, the Chamber of Commerce's Concert on the Green, and the Village's Fireworks Spectacular; and WHEREAS, Loren Matthews, of the Village's Recreation Department, served ,as the coordinator and liaison for all the community groups; and WHEREAS, Loren Matthews' untiring efforts and commitment to the community provided for a successful Fourth of July celebration for Village residents and visitors; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council commends Loren Matthews for her untiring efforts and commitment to the community as the coordinator of the Village's Fourth of July activities. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of July , 1995. IA R JOHN F. FESTA GUIDO H. IN($UANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC , v LAGE ATTORNEY RESOLUTION NO. 95-21 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ADDENDUM TO THE LEASE AGREEMENT BETWEEN THE VILLAGE AND KEY BISCAYNE BANK FOR OFFICE SPACE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of Trustees adopted Resolution 91-5 on November 3, 1991 authorizing the mayor to execute a lease agreement with the Key Biscayne Bank for office space; and WHEREAS, the Village is in need of additional office space; and WHEREAS, the Key Biscayne Bank has agreed to lease to the Village an additional 846 square feet of space; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute an addendum to the lease agreement between the Village and Key Biscayne Bank for 846 square feet of additional office space. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22nd day of June , 1995. ✓MAYOR JOHN F. FESTA ATTEST: GUIDO H. I14GUANZO, JR., VILLAGE CLERK APPROVED AS O, FOR AND LEGAL SUFFICIENCY: RIC SS, V LAGE TTORNEY RESOLUTION NO. 95-20 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA DIRECTING THE VILLAGE MANAGER TO PREPARE A DEVELOPMENT PLAN FOR CALUSA PARK AND TO REQUEST FROM METROPOLITAN DADE COUNTY AND THE MATHESONS THAT THE SUBJECT DEVELOPMENT PLAN BE INCLUDED AS AN INTEGRAL PART OF THE CRANDON PARK MASTER PLAN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Council is desirous of having approval and implementing a development concept for Calusa Park in order to plan for the most effective administration, development and maintenance of Calusa; and WHEREAS, previously this Council has been directed by the County not to make necessary improvements to the Park because of the ongoing discussions with the Reverter Holders (the "Mathesons"); and WHEREAS, these improvements must be made in order to promote the health, safety and welfare of those using the Park; and WHEREAS, the improvements are necessary in order that the Park be available for full utilization by all citizens of Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby directed to prepare a development plan for Calusa Park and to request from Metropolitan Dade County and Mathesons that the subject development plan be included as an integral part of the Crandon Park Master Plan. Section 2. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of June , 1995. ATTEST: GUIDO H. tNGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FOR.I pND T GAL SUFFICIENCY: STEPHEN HELF ATTORNEY -2- R JOHN F. FESTA RESOLUTION NO. 95-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED ACCESS AND INDEMNIFICATION AGREEMENT BETWEEN THE VILLAGE AND THSP ASSOCIATES LIMITED PARTNERSHIP III AND THE OCEAN CLUB LIMITED PARTNERSHIP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has requested the owner of the Key Biscayne Hotel and Villas property, THSP Associates Limited Partnership III and the Ocean Club Limited Partnership, to allow the Village to use said property to prepare, stage, produce and perform a Fourth of July fireworks display; and WHEREAS, the owner of the property is willing to allow the Village to prepare, stage, produce and perform the fireworks display from said property subject to conditions outlined in the attached "Access and Indemnification Agreement"; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Access and Indemnification Agreement between the Village and THSP Associates Limited Partnership III and the Ocean Club Limited Partnership. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of June , 1995. ATTEST: GUIDO H. I13GUANZO, JR.,'VILLAGE CLERK APPROVED AS TO .ORM '., I LEGAL SUFFICIENCY: STEPHE AGE ATTORNEY a OR JOHN F. FESTA ACCESS ANDINDEMNIFICATIONAGREEMENT THIS ACCESS AND INDEMNIFICATION AGREEMENT (the "Agreement") is made and entered into this day of June, 1995, by and between the VILLAGE OF KEY BISCAYNE, a municipal corporation created pursuant to the Constitution of the State of Florida and the Home Rule Charter of Metropolitan Dade County (the "Village") and THSP ASSOCIATES LIMITED PARTNERSHIP III, a Delaware limited partnership ("THSP") and THE OCEAN CLUB LIMITED PARTNERSHIP, an Illinois limited partnership (the "Ocean Club") (THSP and the Ocean Club are hereinafter collectively referred to as the "Owner"). RECITALS: THSP and the Ocean Club are the owners of fee simple title to contiguous parcels of certain real property located within the Village which together comprise the property commonly known as the Key Biscayne Hotel and Villas property (collectively, the "Property"). The Village has requested that the Owner allow the Village to use the Property to prepare, stage, produce and perform a Fourth of July fireworks display. The Village has contracted with Fireworks by Grucci, Inc. (the. "Contractor") to prepare, stage, produce and perform the fireworks display. The Owner is willing to allow the Village and the Contractor to prepare, stage, produce and perform the fireworks display from the Property conditioned upon: (a) the Village indemnifying and holding the Owner harmless from and against any and all liabilities, claims, judgments and damages that may arise as a .result of use. of the Property pursuant to this Agreement; (b) the Village providing the Owner with certificates of insurance covering the Village and the Contractor (and naming the Owner as a Certificate Holder) for liability related thereto; and (c) the Village providing reasonable security intended to prevent injury to person(s) and/or property as a result of the fireworks display. The Village is willing to indemnify the Owner and to provide insurance and security as hereinafter set forth. NOW, THEREFORE, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Owner hereby grants the Village the right to enter upon the Property and use that portion of the Property commonly referred to as the "Ocean Front" for the preparation, staging, production and performance of the fireworks display to be performed by Contractor on July 4, 1995 or JulITH 5, 1995 (rain date) as determined by the Village. Access to the Property shall be limited to the Contractor's employees reasonably required to prepare, stage, produce and perform the .fireworks display from the Ocean Front portion of the Property, police and fire personnel, private security forces, and such Village personnel required by the Village to perform its obligations under this Agreement and/or supervise the Contractor. The rights of access and use granted herein shall commence on July 2, 1995 and terminate on July 7, 1995. In connection with the access and use rights granted herein, the Village and Contractor are authorized to park their vehicles upon the Property as necessary to carry out the terms of this Agreement. 3. The Village shall return the Property to the Owner in substantially the same condition as the Property existed prior to July 2, 1995 including, but not limited to, the removal of all debris, refuse and other items which may litter the Property as a result of the fireworks display. 4. The Village shall provide sufficient security to insure that members of the general public do not enter upon the Property, specifically the Ocean Front portion of the Property prior to, during or after the fireworks display. Security may be provided by private or public security or police. The Village shall deny members of the general public access to the Ocean Front portion of the Property from the Atlantic Ocean. 5. The Village does hereby agree to indemnify, defend, and hold harmless the Owner (its officers, directors, partners, shareholders, agents and employees) from and against any and all claims, damages, judgments, liabilities, fees, penalties, lawsuits or other actions, and costs and expenses which the Owner .(its officers, directors, partners, shareholders, agents and employees) may .suffer or incur or which may be asserted against any or all of them in connection with or resulting from (a) the Village's and/or Contractor's use of the Property for the preparation, staging, production and performance of the fireworks display or (b) members of the general public entering onto the Property for the fireworks display. This indemnity shall include, but not be limited to, claims -.for personal injury, property damage and any and all other claims for damages relating to said fireworks display resulting from actions of members of the general public occurring during the period of time the Village and/or Contractor have access to and use of use the Property. In addition, this indemnity, defense and hold harmless agreement shall include all attorneys' fees and costs incurred by the Owner in the defense of any such claims, whether incurred prior to or during litigation and shall cover the legal costs in all proceedings including but not limited to trial, 'appellate, bankruptcy or administrative proceedings. 6. The Village does hereby waive any claims that the Village may have against the Owner as a result of injury to persons or property relating to the fireworks display and the use of the Property therefor, including but not limited to, the rights of the • Village to subrogation, contribution, or to claim contributory negligence. Owner shall have no liability to the Village for any claims for damages caused by Owner (its officers, directors, 2 partners, shareholder, agents and employees) relating to the Property or the fireworks display, except for gross negligence or willful misconduct of the Owner. 7. The Village has provided the Owner with a certificate of liability, automobile and workers' compensation insurance coverage naming Owner as the "Certificate Holder" and as an additional insured. The certificate certifies that the Village is insured in the amount up to Five Million Dollars ($5,000,000) combined single limit per occurrence for liability and automobile coverage and workers' compensation in the statutory amounts. The. Village agrees that, to the extent authorized under Florida Statute §768.28(5) the Village will settle any claim or judgment rendered against it, if said claims are claims for which the Village has indemnified the Owner hereunder. This settlement obligation shall be limited to the maximum amount of insurance of the Village relating thereto (i.e., $5,000,000). The Village agrees to keep in full force and effect the liability, automobile and workers' compensation insurance referenced in the certificate as such relates to the Owner and agrees to cause the Contractor to deliver to the Owner a certificate of insurance naming Owner as the Certificate Holder and as an additional insured under the Contractor's liability, automobile and workers' compensation insurance policy with limits of liability not less than Three Million Dollars ($3,000,000) for liability and automobile coverage and workers' compensation in the statutory amounts: Nothing contained in this Section 7 is intended to limit the provisions of Section 5 of this Agreement. 8. In the event it should become necessary for either of the parties hereto to employ legal counsel to enforce the provisions of this Agreement, the prevailing party in any litigation or proceeding shall be entitled to reimbursement for attorneys' fees and costs relating thereto including, but not limited to, attorneys' fees in trial, appellate, bankruptcy, administrative or other proceedings. 9. This Agreement shall be governed by the laws of the State of Florida without giving effect to conflicts of law rules. 10. The Village represents and warrants to the Owner that the Village has the authority to enter into and deliver this Agreement, and that once executed by the Village Manager, this Agreement is valid and binding against the Village in accordance with its terms. 11. THSP represents and warrants to the Village that (a) THSP is a limited partnership formed under the laws of the State of Delaware and qualified to do business in the State of Florida, and (b) THSP III, Corp. is its general partner and is a corporation formed under the laws of the State of Delaware and qualified to do business in the State of Florida. THSP has the authority to enter into and deliver this Agreement and such has been authorized by all requisite partnership and corporate action. 12. The Ocean Club represents and warrants to the Village that (a) the Ocean Club is an Illinois limited partnership formed 3 under the laws of the State of Illinois and qualified to do business in the State of Florida and (b) The Ocean Club, Inca is its general partner and is a corporation formed under the laws of -the State of Illinois and qualified to do business in the State of Florida. The Ocean Club has the authority to enter into and deliver this Agreement and such has been authorized by all requisite partnership and corporate action. 13. Na modification or amendment of this Agreement shall be of any force or effect unless in writing and signed by both the Village, and Owner. 14. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the 'agreement of the parties and each of which shall be deemed an original 15. This Agreement sets forth the entire agreement between Village and Owner relating to the subject matter herein, and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties, and there are no agreements, understandings, warranties, representations among the parties except as otherwise indicated herein.- 16. Should any clause or provision of this Agreement be determined to be illegal, invalid or unenforceable under any present or future law by final judgment of a court of competent 'jurisdiction, the remainder of this Agreement will not be affected thereby. It is the -intention of the parties that if any such provision is held to be illegal, invalid or unenforceable, there will be added in lieu thereof a legal, valid and enforceable provision that is as similar as possible in terms to the illegal, invalid or unenforceable provision. 17. This Agreement shall inure to the benefit -of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials as of the day and year first above written, WITNE ) g VILLAGE OF KEY BISCAYNE, a Florida municipal corporation e: Guido H. . Inguanzo, J r . . Samuel Kiss e*illage Manage “ 5 W. McIntyre Street y Biscayne, Florida THSP ASSOCIATES LIMITED PARTNERSHIP III, a Delaware limited partnership By: THSP III, Corp., a Delaware orporati.on, Name: Z )s fo`J �> `Z � 103001\firewk-acc.,fin as Chief Operating Officer The Colonnade 169 Miracle Mile, Suite 200 Coral Gables, Florida CP. [CORPORATE 0 NUA THE OCEAN CLUB LIMITED PARTNERSHIP, an Illinois limited partnership By: The Ocean Club, nc.; an Illinois c ora; ion,as er John Hinson Chief Operating Officer The Colonnade 169 Miracle Mile, Suite 200 Coral Gables, Florid»t4 [CORPOR�4E <SEAL] 5 RESOLUTION NO. 95-18 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A PERMIT AGREEMENT (NO. OF -661) WITH METROPOLITAN DADE COUNTY FOR THE CONSTRUCTION OF A STORM DRAINAGE SYSTEM CONSISTING OF EIGHTEEN DRAINAGE WELLS, CATCH BASINS AND WEIRS WITHIN THE VILLAGE; APPROPRIATING FUNDS FOR PAYMENT OF PERMIT FEES; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into the attached Class II Permit Agreement (No. Of -661), with Metropolitan Dade County, for the construction of a storm drainage system consisting of eighteen (18) drainage wells, catch basins and weirs with connection to the existing eleven (11) overflow outfalls to Biscayne Bay for the Basins 1 - 8 in the Village. Section 2. That funds in the amount of $120,850.00 be appropriated to cover permit application and construction fees. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of June , 1995. ATTES GUIDO H. GUANZO, JR., VILLAGE CLERK APPROVED AS TO s it STEPHEN LEGAL SUFFICIENCY: GE ATTORNEY OR JOHN F. FESTA METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGEMENT DIVISION 33 SOUTHWEST 2ND AVENUE MIAMI. FLORIDA 33130-1540 TEL: (305) 372-6681 PERMIT DOCUMENT FOR :The:Construction of a storm drainage system consisting of 18 drainage wells, catch basins and weirs with connection to existing 11 overflow outfalls to the Biscayne Bay for the basins 1-8 in the Village of Key Biscayne in Sections 5„b-55-42 and 32-54-42. PERMIT NO.: OF -661 DATE• May 5, 1995 007507 AGREEMENT FOR DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGEMENT DIVISION WC 680.42 BASIN: This agreement, between the Permittee and the Contractor named herein and Dade County, is made for the purpose of accomplishing the work described herein as further described by approved drawings attached hereto and made a part hereof. Such drawings may be required to be prepared by a Registered Engineer and must be approved by the Director of Environmental Resources Management. (instructions and general requirements for -Water Control Permits are attached hereto and made a part of`this agreement.) ProposedWork, Construction, or Use: The construction of a stoim drainage system consisting of 18 drainage wells, catch basins and weirs with connection to existing 11 overflow outfalls to the Biscayne Bay for the basins 1-8 in the Village of Key Biscayne in Sections 5,6-55-42 and 32-54-42. Special Conditions: See attachment Location: Village of Key Biscayne, Dade County, Florida. Name, Address and Phone of PermitteP: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntire Street Key Biscayne, Florida 33149 (.305) 365-5514 Contractor.: (Must be Licensed by Dade County) Armando DeMoya The De Moya Group, Inc. 12209 S. Dixie Highway Miami, Florida 33156 (305) 255-5713 Sheet 2 SPECIAL CONDITIONS This Permit is issued for disposal of excess stormwater runoff only after that portion of the runoff containing the majority of pollutants has been fully restrained on -site, and may be rescinded if a detrimental effect is found on the receiving water body for reasons of malfunction, inadequate maintenance or other reasons. Therefore, in order to maintain this Permit active, the Permittee is required to provide regular maintenance and must submit to this office, on a yearly basis, a certification that the system has been maintained and is operating efficiently. In addition, the Permittee hereby agrees to allow access to the site to staff personnel of the Department of Environmental Resources Management, if so required for inspection, at any time after the completion of the job and the closing of this permit. The driller will provide percolation tests after completion of a drainage well and prior to submitting the final results to DEP at three different locations using.its design water head of about 1.9 feet above the groundwater table. If the results show lower value than its design exfiltration capacity, then additional drainage wells will be added to meet the stormwater retention requirements. Sheet 2A Agreed Time Limit:` From date of completingpermit documents to date of beginning of work: 180 days Aareed Number of Calendar Days: Between completion of permit documents and completion of work• 365 days_ Permit Value and Amount of Performance Bond Reauired: (The sum of the items of cost listed in Paragraph 6a must conform with Section 24-56-5 (b)(3) of County Code): $Waived Ouantities of Work to be Done and Estimated Cost: $4,450,130.00 Pre Work Conference; No work under this Permit may be commenced until a prework conference has been heid between the Permittee, the Contractor and the Water Control Engineer, together with representatives from any other governmental agencies, utility companies or property owners whose interests may be affected' by the work. Survevs and Control of Work: The Permittee shall furnish at his expense all survey information required for proper control of the work. For excavation work, such as canals, this will include cross -sections to be made every ten days during the period of when the work is in progress, unless otherwise specified by the Water Control Engineer. Cross sections and other as -built drawings shall be prepared in accordance with good engineering practice and certified as correct by a registered engineer. supervision and Inspection: Dade County will appoint such inspectors as are needed to supervise the execution of the work contemplated under this Permit Agreement. The inspector's duties and functions are purely supervisory and their decisions are to be binding only in the absence of the Water Control Engineer, and shall be subject to his review. When in the judgment of the inspectors the performance of the work is not in accordance with the requirements of this permit agreement, they shall have the power to stop the work, including all related site development work, which shall not be resumed until the Water Control Engineer has rendered his decision upon the matter in dispute. Sheet 3 Any work found not in accordance with permit requirements must be corrected before the Permittee may resume any other part of the work. Delay in completion of the work due to this cause will be considered an acceptable reason for extension of time only when in the opinion of the Water Control Engineer such delay was due to causes beyond the control of the Permittee or Contractor, or that such delay will not handicap or interfere with the Water Control Program of Dade County. Excessive Noise: Upon bona fide complaints of residents in the vicinity of the work concerning excessive noise, Dade County reserves the right to impose the requirement that no work be done on Sunday or any day between the hours of 11:00 p.m. and 7:00 a.m. except such work as is necessary for the proper care and protection of the work already performed. Alterations`, Relocations and Incidental Work: All alterations, relocations and other incidental work including utility adjustments that may be required to carry out the purpose and intent of this Permit Agreement shall be performed at the Permittee's expense 'after approval by the -Water Control Engineer. Maintenance -and Flow for Drainaae: It is agreed that the first priority in the Permittee's development program will be given to provision of adequate drainage connections through the property. The Contractor shall conduct his operations in a manner that will insure that the primary purpose of drainage is served at all times. Temporary construction or blockage of channels for construction purposes will be allowed only upon express permission by the Water Control Engineer, and must be removed immediately upon his demand. Turbidity Control: All engineering drawings submitted for either a Class II or Class III Permit involving construction activities in or along the banks of any surface body of water, shall show turbidity control device outlined on the permit plan set. Turbidity barriers shall be installed in -place before the commencement of work. The latter shall include both exploratory work and actual work. In order to minimize inadvertent collapse of barrier structure, barrier sheathing shall also be anchored along the bottom hem with a weighted chain -like device. At all times, the turbidity barrier device shall be maintained in a proper functional position during the entire construction phase_ Sheet 4 The Permittee"or Contractor shall be responsible for securing any and all permits not included within item #16 which may be required in connection with the Class II or III Permit. The issuance of this permit does not relieve the Contractor or Permittee from above responsibility. Agencies other than the Department of Environmental Resources Management from which approval may be necessary (as checked): South Florida Water Management District, for any use of District Right -of -Way. Dade County Fire Department, for use of explosives. Dade County Public Works Department, Highway Division, for approval of bridge construction plans. Florida State Department, Highway Division, for approval of bridge construction plans. Florida State Department of Transportation District Office, Miami, for work within SRD Right -of -Way. Dade County Public Works Department, Permit Section, for construction permit to install structures (bridge, culvert, catch basin, storm drain, etc.) within canal road Right -of -Way and on -site. Dade County Building & Zoning Department, for permit to install on private property only, bulkheads, retaining walls, piers, docks and boatslips incidental to the principal work covered by this Permit Agreement, and for clearing, leveling, grading, excavating and filling on said property_ Recommended: ater Con o'.ection IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA has caused this Permit Agreement to be executed in its name by the Director of Environmental Resources Management and Contractor `and Permittee have caused this Permit Agreement to be executed in their names WHEN"THE CONTRACTOR IS AN INDIVIDUAL OR PARTNERSHIP '"Signed, Sealed and Delivered in the Presence of: Witnesses Contractor SIGN DATE Sheet 5 WHENTHE CONTRACTOR -IS A CORPORATION Secretary (Correct Name of Corporation) DATE BY President (AFFIX CORPORATE SEAL) WHEN THE PERMITTEE IS AN INDIVIDUAL OR PARTNERSHIP Signed, Sealed and Delivered in the Presence of: Owner SIGN DATE WHEN THE PERMIFPIEE IS A CORPORATION Secretary DATE DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (Correct Name of Corporation) BY President (AFFIX CORPORATE SEAL) BY Dorian K. Valdes, Chief Water Management Division, for Director, Environmental Resources Management THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE OWNER AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 6 RESOLUTION NO. 95-17 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CLARIFYING THE LEGAL DESCRIPTION OF LAND INCLUDED IN THE SETTLEMENT AGREEMENT PREVIOUSLY ENTERED INTO BETWEEN THE VILLAGE OF KEY BISCAYNE AND METROPOLITAN DADE COUNTY IN CASE NO. 90-61564 CA32, IN THE CIRCUIT COURT OF THE ' ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 13, 1994, this Council adopted Resolution 94-35 authorizing and entering into a Settlement Agreement with Metropolitan Dade County in Case No. 90-61564 CA32 in the Circuit Court in and for Dade County, Florida involving the International Tennis Center; and WHEREAS, subsequent to the adoption of the Settlement Agreement, a clarification of the legal description of the subject property was requested by Metropolitan Dade County; and WHEREAS, the clarification is technical in nature only and does not affect the substance or enforceability of the prior resolution or settlement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That this Council hereby approves the amended legal description included in the Settlement Agreement entered into between the Village and Metropolitan Dade County in Case No. 90- 61564 CA32, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, as provided on Exhibit "A" attached to this resolution. Section 2. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 9th day of May , 1995. ATTEST IDO H. GUANZO, JR., VILLAGE CLERK APPROVED ASS�TO FORM AND LEGAL SUFFICIENCY: RIgtvv-`p'�n RD J. WEIS S, VILLAGE ATTORNEY p -2- LEGAL DESCRIPTION A portion of Tracts 1 and 2 of MATHESON ESTATE - KEY BISCAYNE - DADE COUNTY FLORIDA,. according to the plat thereof recorded in Plat Book 34 It Page 34 of the Public Records of Dade County, Florida, being more arttcuiarly describedgas.follows, COMMENCE at a concrete monument with aluminum disc located at the intersection of the South boundary line of -Crandon Park, and having a bearing of N 89° 29' 41" E, also being the North line of Tract 1 of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE COUNTY, FLORIDA,. according to the plat thereof recorded in Plat Book 46 at Page 86 of the Public Records of Dade County, Florida, with the Westerly right-of-way line of Crandon Boulevard as shown on said Plat Book 46 at Page 86, and having as State Plane coordinates X = 775934.13, Y = 497491.25; said, point also being the Northeast corner of said Tract 1 of the aforesaid Plat Book 46 at Page 86;. thence N 250 20'' 18" E a distance of 923.12 feet; thence N 23° 45' 58" 'E a distance of 1,969.24 feet to the POINT OF BEGINNING of the hereinafter described tract of land; thence N 23° 52' 08" E a distance of 869.58 feet; thence N 69° 29' 22" W a distance of 515.03 feet; thence S 83° 10' 31" W a distance of 373.10 feet; thence N 700 18' 34" W a distance of 117.51 feet; thence N 49° 25' 06" W a distance of 152.66 feet; thence S 69° 58' 56" W a distance of 91.34 feet; thenceN Afl 28' 27" W a distance of 151.46 feet; thence S 770 26' 56" W, a distance of 187.71 feet; thence $ 59° 11' 11" W a distance of 181.81 feet; thence S 81° 16' 37" W a distance of 218.41 feet; thence S 050 30' 20" W a distance of 128.58 feet; thence s 060 18' 09" E a distance of 152.24 feet; thence S 04° 54' 21" E a listance of 120.84 feet; thence S 88° 49' 46" E a distance of 156.34 set; thence N 830 52' 56" E a distance of 378.05 feet; thence N 82° 38' 53" E a distance of 110.37 feet; thence S 56° 24' 05" E a distance of 183.20 feet; thence S 15° 56' 33" E a distance of 82.79 feet; thence S 10° 08' 39" W a distance of 57.84 feet; thence S 59° 04' 40" W a distance of 59.76 feet; thence S 15° 21' 21" W a distance of 225.52 feet; 'thence S 89° 11' 55" W a distance of 40.86 feet; thence S 18° 19' 44" W a distance of 152.04 feet; thence S 55°!'28' 58" W a' distance of 107.26 feet; thence S 66° 53' 31" E a distance of 159.13 feet; thence N 88° 58' 27" E a distancesof 166.79 feet; thence N 43° 35' 04" E a distance of 144.70 feet; thence N 89° 52':10" E a distance of 235.52 feet; thence N 66° 06' 21" E a distance of 47.55 feet; thence N 56° 16' 40" E a distance of 232.56 feet; thence 5 72° 08' 23" E a distance of 106.26 feet to the POINT OF BEGINNING. Together with any and all Riparian Rights apertaining 'ther :Wing in Sections 28 and 29, Township 54 South, Range 42 East, Dade County, Florida. Containing 31.49 Acres, more or less. Subject to the continuing use over the Easterly portion thereof for. highway right-of-way of Crandon Boulevard, and purposes incidental thereto, including the installation and maintenance of utilities, street lighting, storm drainage, sidewalks, driving lanes, bicycle paths, signs, fencing, landscaping and park purposes; and subject to 'he continuing use of the existing golf course access/service roadway ger the Northerly portion of subject property. RESOLUTION NO. 95-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING THE CELEBRATION OF THE FLORIDA SESQUICENTENNIAL THROUGHOUT THE YEAR OF 1995 AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1845, Florida was admitted into statehood and in 1995, Florida will celebrate its 150th anniversary of statehood; and WHEREAS, on March 3, 1995, the Sesquicentennial celebration was kicked off with the public unveiling of a United States Postal Service commemorative stamp honoring the 27th state; and WHEREAS, it is the contributions of the many municipal citizens, who for the past 150 years have made Florida the beautifully diverse state it is today; and WHEREAS, this Sesquicentennial year provides cities with a unique opportunity to showcase their municipal history and the role that cities have played in the development of this great state; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village of Key Biscayne does encourage all citizens to participate in this celebration highlighting the unique cultural diversity, rich heritage and natural beauty of Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of May , 1995. ATTEST: GU H. IN ANZO JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD�SS, VILLAGE ATTORNEY OR JOHN F. FESTA RESOLUTION NO. 95-15 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE FLORIDA COMMUNITIES TRUST, AN AGENCY WITHIN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE DISBURSEMENT OF A $700,000.00 GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 10, 1995, the Village was advised that the Florida Communities Trust had a awarded a $700,000.00 grant for the acquisition of the Village Green; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into the attached agreement with the Florida Communities Trust, a nonregulatory agency within the State of Florida Department of Community Affairs, for the disbursement of a $700,000.00 grant. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of May , 1995. R JOHN F. FESTA ATTEST o GUIDO H. GUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI HARD J. WEI SS, VILLAGE ATTORNEY FLORIDA COMMUNITIES TRUST P4A AWARD# 94-040-P4A CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on 1995, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the VILLAGE OF KEY BISCAYNE (FCT Recipient), a local government of the State of Florida, in order to impose terms and conditions on the disbursement of Preservation 2000 Revenue Bond proceeds as partial reimbursement of funds expended by the FCT Recipient to acquire land (Project Site), hereinafter described, and to impose terms and conditions on the Project Site, as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, -Chapter - 380, Part III, F.S., the Florida Communities 'Ittist Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259,101(3)(c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance, of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95.. WHEREAS, Rule Chapter 9X-'4, Florida Administrative Code (F.A.C.) sets forth the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; WHEREAS, the FCT Governing Body met on January 12, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project was selected for funding in accordance with Rule Chapter 9K-4,-F.A.C.; WHEREAS, Rule 9K -4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding, on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of local match, provided that real property owned by the Recipient has been acquired, by the Recipient, within one year of the, publication date of the Notice of Application Period for which the application was made the date of said Notice being July 1, 1994; WHEREAS, the FCT Recipient acquired the fee simple title to the Project Site on from WHEREAS, the FCT Recipient has requested disbursement of FCT Preservation 2000 Series Bond Proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the FCT Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 award and the restrictions that are imposed on the. Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before August 19, 1995. Upon receipt by FCT of the CAA/94-040-P4A PRE -ACQ/DRAFT/4 -18 -95 signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies to FCT Recipient. 2. Conceptual Approval for funding shall be until February 19, 1995. In the event a project plan has not received project plan approval by February 19, 1995, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K - 4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. 3. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of SEVEN AND SIXTY SIX HUNDREDTHS percent (7.66%) of the final total project costs, as defined in Rule 9K-4.002(31), F.A.C., or SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ($700,000.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K - 4.011(2)(a), F.A.C. 4. The grant amount reflected in Section 1.3., hereinabove, is based on the FCT Recipient's estimation of Project Costs in,application /94-040-P4A and limits on awards in the Notice of Application Period announcing the application cycle. The actual total Project Costs, defined in Rule 9K- 4.002(31), F.A.C., for acquisition of the Project Site will be reflected on a grant reconciliation statement prepared pursuant to Section I. 6., hereinbelow. The PCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in Section I.3., hereinabove. 5. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #y4-040-P4A. The Governing Body reserves the right to withdraw its FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved or if the priority parcels) identified in the acquisition plan prepared pursuant to Section II. 5., hereinbelow cannot be acquired - 6. FCT awards shall be delivered either in the form of eligible project costs prepaid by FCT or in the form of a state warrant to the FCT Recipient. FCT award funds shall only be delivered, after FCT approval of the project plan and terms of the acquisition of the Project Site. If the Project Site is comprised ofmultiple parcels, FCT shall deliver only the share CAA/94-040-P4A PRE -ACQ/DRAFT/4 -18 -95 of the FCT award that corresponds to the parcel for which reimbursement is made. FCT will prepare a grant reconciliation statement prior to the reimbursement for the Project Site parcel that will evidence the amount of local match, if any, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel for which reimbursement is being made. cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 7. A local match shall only be required when the amount of FCT grant award stated. In Section I.3., hereinabove, is less than ONE HUNDRED. percent (100%) of the total project costs. If a local match is required, the FCT Recipient's local match shall be delivered in the form of eligible project costs prepaid by the FCT Recipient. If the Project Site is comprised of multiple parcels, the FCT Recipient shall only be reimbursed for the prepaid eligible project costs that correspond to the parcel being reimbursed. The cash expended by the FCT Recipient for eligible project costs incurred by the FCT Recipient will be recognized as part of the local match on the reconciliation statement prepared pursuant to Section I. 6., hereinabove. In the event FCT Recipient's application #94-040-P4A represents that land is the source of local match, the value attributed to the land local match shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-6.007, F.A.G. 8. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series 4A Funding Cycle on September 28, 1994. If by local government initiated action taken subsequent to September 28, 1994, a Project Site is given an enhanced highest and best use which would result in a governmentally derived higher value, the reimbursement for land costs shall be determined by appraisal(s) based on the highest and best use of the Project Site on or before September 28, 1994. FCT advised the FCT Recipient of this condition by letter as attached, hereto as Exhibit B and incorporated herein by reference. 9. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. 10. This Agreement may be amended at any time prior to FCT giving project plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 II. REQUIREMENTS THAT MUST BE MET PRIOR TO PROJECT PLAN APPROVAL AND THE DELIVERY OF AWARD FUNDS FOR REIMBURSEMENT OP PROJECT COSTS EXPENDED BY POT RECIPIENT TO ACQUIRE PROJECT SITE 1. By execution of this agreement, the FCT Recipient affirms that: a. the FCT Recipient reaffirms the representations made in FCT Application #94-040-P4A; b. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 2. Prior to final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan, which is a compilation of documents, that complies with Rule 9K-4.011, F.A.C. This project plan, which is a compilation of documents, must be reviewed and approved by FCT, and include the following documents. a. A statement that the acquisition activities were conducted consistent with either Rule 9K -6.004(3)(d)(1) or (2), F.A.C., whichever applies. b. The following documents, to be reviewed by FCT to ensure that the interest of the State of Florida will be protected: (1) A copy of the real estate contract for sale and purchase of the Project Site between FCT Recipient and, (2) A copy of Buyer and Seller closing statements for the purchase of the Project Site (3) A copy of the recorded deed evidencing conveyance of title to the Project Site to the FCT Recipient. (4) Certified survey of the Project Site that meets the requirements of Rule 9K-6.006, F.A.C., anddated within 90 days of the date of acquisition of Project Site by FCT Recipient. (5) Appraisal report(s) prepared for the FCT Recipient's acquisition of the Project Site that complies with the requirements of Rule 9K-6.007, F.A.C. (6) A copy of the title insurance policy evidencing marketable title in FCT Recipient to the Project Site CAA/94-040-P4A PRE -ACQ/DRAFT/4-18-95 5 and effective the date of acquisition of the Project Site by the FCT,Recipient, including a statement from the title insurer asto the minimum promulgated rate if premium was paid by FCT Recipient, and all documents referenced in the title policy. (7) Environmental site assessment of the Project Site certified to the FCT Recipient, which meets the standards and requirements of the FCT Recipient, and with a date of certification within 45 days before the date of acquisition of the Project Site by FCT Recipient, together with the statement required by. Rule 9K-6.012(4), F.A.C. c. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2 --Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to, further the purpose of the project, contains a description of all planned improvements to the Project Site, identifies the costs of management and site improvement and funding sources, and identifies the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the project plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. d. A statementof the total project cost, including all non -recurring costs of project development. e. A statement of the amount of the award being requested from FCT. f. A statement -from each FCT Recipient in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. g. Evidence that conditions imposed as a part of the Conceptual Approval Agreement have been satisfied. h. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that CAA/94-040-P4A PRE ACQ/DRAFT/4-18-SS sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site. 3. Pursuant to 9K -4.011(2)(h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a stipulated settlement agreement with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, F.S. FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land was acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves the project plan containing a copy of the document vesting title to the Project Site in the FCT Recipient. 2. Title to the Project Site shall be titled in the FCT Recipient. 3. Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. 4. A Grant Award Agreement containing such covenants and restrictions as referenced in Section IV.3. above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient prior to the disbursement of award funds to the FCT Recipient and shall be recorded in the county in which the Project Site is located. CAA/94-040-P4A PRE -ACQ/DRAFT/4 -18 -95 5. If any essential term or condition of the grant is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund The Grant Award Agreement described in Section IV. 4. shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the FCT Recipient in the Project Site shall not serve as security for any debt of the FCT Recipient. 7. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 8. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE PCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for, a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site any use thereof not in conformity with the management plan approve by. the FCT as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from,FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that' the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OP THE PCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circnmetances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 b. the operation of any concession on the Project any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to tine in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." VII. DISALLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To theextent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NONGOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN. ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND<PROCEEDS TO ACQUIRE THE. PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. CAA/94-040-P4A PRE-ACQ/DRAFT/4-18-95 VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE TEAT MUST BE ADDRESSED 111 THE MANAGEMENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including a hardscaped pedestrian walkway and bike path, picnxc pavilions, tot -lots, open space for soccer and/or flag football, a promenade and limited off-street parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. 2. The FCT Recipient shall construct a stormwater retention facility an the Project Site to mitigate stormwater impacts to Biscayne Bay. 3. The FCT Recipient shall restore approximately 4.5 acres of the Project Site with native vegetation. The remainder of the site shall consist of native grasses and recreational facilities. 4. The FCT Recipient shall ensure that the Project Site is sufficiently buffered from the adverse impacts of adjacent- land uses. 5. The FCT Recipient shall perform an archaeological survey of any area within the Project Site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological sites or identified site areasshall be closely coordinated with the Department of State, Division of Historical,- Resources in order to prevent the disturbance of significant sites. 6. Access -to the Project Site by pedestrians and bicyclists shall be promoted as an alternative to automobile access. 7. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for ,activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. This Agreement including Exhibits "B" and "C" embodies the entire agreement between the parties. CAAj94-040-P4A PRE-ACQ/DRAFT/4-18-95 11 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. VILLAGE OF KEY BISCAYNE BY: Title: Date: Accepted as to Form and Legal Sufficiency: FLORIDA COMMUNITIES TRUST Linda Loomis Shelley,Chair Date: Accepted as to Form and Legal Sufficiency: Date: Date: CAA/94-040-P4A PRE -ACQ/DRAFT/4 -18 -95 12 EXHIBIT "A" FLORIDA COMMUNITIES TRUST PRESERVATION 2000 AND ACSC PROGRAMS Technical Assistance Bulletin: 02 Writing a' Management Plan The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT") grant application or proposal serves as a basis for the management, plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. INTRODUCTION AND GENERAL INFORMATION Provide a table of contents of the management plan. Provide information including the name of the project, the location of the Project Site, and other general information such as a brief resource description, and historical information relevant to site management. PURPOSE OF THE PROJECT AND MANAGEMENT Discuss the purpose for acquiring the Project Site and proposed future uses consistent with statements made in the application or proposal. Provide a summary of the comprehensive plan directives that would be furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management plan. Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the public and operated as a' natural resource conservation area, outdoor recreation area, or other appropriate descriptive language, and identifying the Project Site as having been purchased with funds from the FCT and the Recipient. SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT approved management plan. .,. Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking places proposed on -site, and if so, approximately how many spaces or how much area will bedevoted to this use? If parking is, not proposed on -site, are there existing or proposed spaces adjacent to or sufficiently near the :property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Easements, concessions, or leases: Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights -of -way, flowage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises. Include "a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession, any sale or option, any use other than by a member of the public, and management contracts of the Project Site with non- governmental persons or organizations. KEY MANAGEMENT ACTIVITIES Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site cleanup, and facilities upkeep., Identify the entity responsible for property maintenance. Identify procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc.: ., Id- A Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on -site manager, security guards, neighborhood watch, emergency phones, etc. staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology, and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site enhancement and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archaeological and historical resource protection: Identify any archaeological or historical sites on the Project Site and the primary components of managing the archeological or historical sites. Outline procedures to protect archeological or historical sites that may be identified in the future. Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site, the Recipient shall comply with the provisions of Chapter 267, Florida Statues specifically Sections 267.061 (2)(a) and (b). Provide for coordination with the Division of Historical Resources, Florida Department of State. Coordination: Explain how themanagement of the site will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of prescribed burns, what measures will be used to minimize impacts on nearby residential Properties? Identify measures to protect the Project Site from adjacent off -site activities that might impact resources on the Project Site such as',pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. COST ESTIMATE AND FUNDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE Identify a proposed time line for implementing the -development and management activities of the management plan based, on established priorities and -the availability of funds. Provide -a graphic display of the implementation time lines. MONITORING Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. Identify procedures for periodic amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. The Florida Communities Trust 904/922-2207 2740 Centerview Drive Tallahassee, FL 32399-2100 A SunCom 292-2207 EXliBIT B F March 23, 1995 or •La l ommuna± es Trust Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street, Suite 201 Key Biscayne, Florida 33149 RE: The Village Green/Village of Key Biscayne FCT Project Number; 94-040-P4A Dear Mr. Kissinger: On January 12, 1995, the Florida Communities. Trust ("FCT") governing board ranked and selected for funding certain applications received by the FCT during the Series P4A funding cycle. The above referenced project application was selected for funding. Prior to being selected for funding, the project was included on the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle. This list was approved by FCT at a public meeting held September 28, 1994. All FCT project sites will be purchased upon voluntarily negotiated terms between FCT, the local government and the seller. Once an application has been placed on a list of approved projects, decisions made, by governmental authorities, such as .rezoning,' annexation, extension of water/sewer services etc., -may /Jaye an effect on the value of the project site identified in that FCT application. In that regard, the staff of the FCT was directed by the governing board at its January 12, 1995, meeting as follows: If by an action initiated by the local government subsequent to the time the FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle, a project site is given an enhanced highest and best use that would result in a governmentally derived higher value, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the project site at the time the FCT Governing Board approved the Preservation 2000 Program Approved List of Complete Applications for Series P4A Funding Cycle: DEPARTMENT OF COMMUNITY AFFAIRS • 2740 CE\TERVIEW DRIVE • TALLAHASSEE. FL ,2399-2100. 904'92'_-220 Su COM 292-22C Mr. C. Samuel Kissenger arch 23, 1995 Page Two, This policy is revised from earlier cycles to apply only to actions initiated by the local government. Previously, the policy applied to all action, whether initiated by a property owner:. or the local government. The governing body recognizes that local governments must respond to actions requested by property owners and may be compelled by local government regulations to grant land use changes that may impact values. A conceptual Approval Agreement governing the grant award for the project will be approved by the FCT governing board at its May 19, 1995, meeting. That agreement will contain language relating to a governmentally derived higher value. Please prepare to advise me in writing, at the time you return the executed Conceptual, Approval Agreement, whether any action has been taken by yourlocal government subsequent to September 28, 1994, that potentially affects the FCT project site in your jurisdiction, or if any action has been requested of the local government concerning the FCT project site. Anne Peery L Executive Director RESOLUTION NO. 95-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH BARTON-ASCHMAN, FORT LAUDERDALE, FLORIDA, FOR A TRAFFIC STUDY; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into an agreement with Barton-Aschman, Fort Lauderdale, Florida, for completion of a traffic study for the Village. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of May , 1995. a3 L R JOHN F. FESTA ATTES 9 tGUIDO H. INGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: goMZUM RICHARD J. WEISS, VILLAGE ATTORNEY .RESOLUTION NO. 95-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING RECOMMENDATIONS IN THE PRESIDENT'S 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN WATER RESOURCES PROJECTS, INCLUDING BEACH RENOURISHMENT PROJECTS, WHICH ARE NOT "NATIONALLY SIGNIFICANT", AND RECOMMENDING THAT THE CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND COST - SHARING BE RETAINED, AND OPPOSING ANY FUTURE LEGISLATION WHICH MAY ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN SUCH PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village opposes the recommendations in the President's 1996 budget request which would remove or limit federal participation in water resources projects, including beach renourishment projects, which are not "nationally significant" and recommending that the current federal criteria for participation and cost -sharing be retained, and opposes any future legislation which may eliminate or limit federal participation in such projects. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of April , 1995. ATTEST: 'GUIDO H. GUAN ZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC J. WEISS, VILLAGE ATTORNEY Village Council John F. Festa, Mayor BettySime, ViceMayor Raul'Liorente ' HughT. O'Reilly Michele Padoyan Raymond P Sullivan John Waid Village Clerk Guido H. Inguanzo, Jr. The Honorable Ileana Ros-Lehtinen U.S. House of Representatives 5757 Blue 1 moon Drive, Suite 240 Miami, Florida 33126 Dear Representative Ros-Lehtinen: Office of the Village Clerk April 21, 1995 At the request of the Village Council, lam enclosing for your information a copy of Resolution 95-13 adopted at their meeting of April 11, 1995. Sincerely, Guido H. inguanzo, Jr, CMC Village Clerk 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE. QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council John F:-Festa, Mayor BettySimei ViceMayor .. -., • Raul. Liorente Hugh T 0 Reily ',,Michele:Padovan p. Raymond P..Sulliian John Waid Village Clerk `Guido H.Inguanzo,Jr.: The Honorable Connie Mack ted States. Senate 517Un Hart Senate Office Building `Washington, D.C. 20510 Dear Senator Mack At the request of the Village Council, I am enclosing for your information a copy of Resolution 95-13 adopted at their meeting of April 11, 1995. April21, 1995 Sincerely, Guido H Village Clerk Jr., CMC 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSELE GOVERNMENT." VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village.Coundl John F. Testa, Mayor Betty Sime,vice mayor Hugh T.' O'Reilly Michele':Padovan Raymond 1'. Sullivan John Waid Village:Clerk Guido FY. Inguanzo; Jr.: April 21, 1995 The Honorable Bob Graham United States Senate 524 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Graham: At the request of the Village Council, I am enclosing for your information a copy of Resolution 95-13 adopted at their meting of April 11, 1995. Sincerely, Guido H. Inguanzo, Jr., CMC Village Clerk 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8936 MISSIONSTATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." RESOLUTION NO. 95-12 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING EMPLOYEE DEVELOPMENT PROGRAM; APPROPRIATING FUNDS FOR PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That an Employee Development Program, as per Exhibit A, is hereby adopted. Section 2. That $5,000.00 is hereby appropriated for the program. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of April , 1995. r R JOHN F. FESTA ATTEST 075 H. IN GUI GUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J.'WEISS, VILLAGE ATTORNEY EXHIBIT A VILLAGE OF KEY BISCAYNE EMPLOYEE POLICIES AND PROCEDURES SECTION TRAINING AND DEVELOPMENT DATE: March 14, 1995 ITEM SUBJECT: EMPLOYEE DEVELOPMENT (1) It will be the responsibility of the Department Heads, under the direction of the Village Manager, to foster and promote in-service training of employees for the purpose of improving the, quality of services rendered to the Village and to assist employees in equipping themselves for advancement in the service. The Department Head shall establish standards for the training programs; see that training is carried out as approved, prepare certificates or other forms for recognition for persons who satisfactorily complete approved courses and programs; provide assistance in developing and conducting training to meet the specific needs of their department. I. EMPLOYEE DEVELOPMENT The Village of Key Biscayne encourages employees to participate in seminars, conferences and short courses designed to enhance their skills and productivity. Certain of these will be funded by the Village provided they are in the line of work of the employee (job -related). The Village will also, within the limits of the budget, reimburse employees seeking degrees and specialized college courses which are offered by institutions which are accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Council on Post -secondary Accreditation, and provided they are within their current job assignments. The payment will be on a course -by - course basis for approved programs and/or courses which have prior approval by the Department Head. The payment schedule will be based on grades received by the employee upon completion of the course and submission of the grade transcript and receipt for paid tuition and books as follows: • Grade A = 100% reimbursement of available funds on a pro -rated basis • Grade B = 75% reimbursement of available funds on a pro -rated basis • Grade C = 50% reimbursement of available funds on a pro -rated basis. • Grade D = 0% reimbursement of available funds on a pro -rated basis REIMBURSEMENT POLICY PROCEDURES Presented to Council as Educational Assistance October 13, 1992 H-1 EXHIBIT A VILLAGE OF KEY BISCAYNE EMPLOYEE POLICIES AND PROCEDURES SECTION: TRAINING AND DEVELOPMENT DATE: March 14, 1995 ITEM SUBJECT: EMPLOYEE. DEVELOPMENT Employees desiring reimbursement for educational programs/courses will, prior to enrolling in such programs, submit a letter of intent to the Village Manager through their Department Head, stating the purpose of the education or training; the degree/certificate sought; total number of semester/graduate hours for which reimbursement is desired; and the estimated completion date. The Department Head will review the request and make a recommendation to the Village Manager. The Village Manager will evaluate the request and the recommendation by the Department Head and will either grant or deny the request. Upon completion of the approved course(s), the employee will present the receipt from tuition and books, and grade(s) transcript to the Department Head. The Department Head will process appropriate check requisitions through the Finance Department for the employee's reimbursement. Employees receiving educational reimbursement will be requested to sign an agreement: 1. Agreement will stipulate that the employee will remain in Village employment for a minimum of one full year after completion of an approved course or training program. 2 Termination/separation prior to the one full year will result in the employee repaying the money received as reimbursement. Funding will vary each year depending on approved line item budget. The number of participants involved each year will also significantly affect the amount received by each participating student. H-2 RESOLUTION NO. 95-11 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA., AUTHORIZING THE ISSUANCE OF STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 FOR THE PURPOSE OF EXPANDING AND IMPROVING THE STORMWATER UTILITY SYSTEM WITHIN THE VILLAGE, AND PAYING COSTS OF ISSUANCE OF THE NOTES; AWARDING THE SALE OF THE NOTES TO KEY BISCAYNE BANK AND TRUST COMPANY AND FIRST UNION NATIONAL BANK OF FLORIDA; PROVIDING FOR SECURITY FOR THE NOTES; PROVIDING OTHER PROVISIONS RELATING TO THE NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") desires to authorize the issuance of stormwater utility revenue bond anticipation notes in an aggregate principal amount of $7,20'0,000 for the purpose of expanding and improving the Stormwater Utility System within the Village (the "Project"), and paying costs of issuance of the notes; and WHEREAS, pursuant to an Ordinance passed and adopted on second reading on March 28, 1995, Council has authorized notes to be issued to finance the Project in an amount not to exceed $7,200,000 (the "Ordinance"), with the terms of the notes to be determined by supplemental resolution; and WHEREAS, because of its developmental timetable, the Village must proceed immediately to obtain interim financing that will enable it to begin construction of the Project; and WHEREAS, the Village has solicited proposals for the interim financing of the Project; .and WHEREAS, the Council hereby determines to accept a commitment (the "Commitment") from Key Biscayne Bank and Trust Company and First Union National Bank of Florida (collectively, the "Bank") to purchase such notes; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: SECTION 1. AUTHORIZATION OF NOTES. Pursuant to the provisions of this Note Resolution and the Ordinance, stormwater utility revenue bond anticipation notes of the Village to be designated "Village of Key Biscayne, Florida, Stormwater Utility Revenue Bond Anticipation Notes, Series 1995" (the "Notes"), are hereby authorized to be issued in an aggregate principal amount of $7,200,000 for the purpose of financing costs of the Project and paying costs of issuance of the Notes. The Notes shall be payable only from the sources identified in this Resolution and from proceeds of revenue bonds in anticipation of which the Notes are being issued (when, as and if such bonds are issued). The Village intends to issue stormwater utility revenue bonds at or prior to the date of maturity of the Notes. The issuance of such bonds in a principal amount not to exceed the principal amount of the Notes for the purpose of paying the principal of the Notes is hereby authorized; however, such authorization shall not obligate the Village to issue such bonds or to issue bonds in any specific amount. SECTION 2. TERMS OF THE NOTES. The Notes shall be issued in fully registered forth without coupons. The principal of and interest on the Notes shall be payable when due 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 Owners of the Notes ("Owners") or their legal representatives at the addresses of the Owners as they appear on the registration books of the Village. The Notes shall be dated the date of their issuance and delivery and shall be initially issued as one Note in the denomination of $7,200,000. The Notes shall mature on April 1, 1997. Subject to adjustment as provided below, the Notes shall bear interest on the outstanding principal balance from their date of issuance payable semi-annually on the first day of each April and October (the "Interest Payment Dates"), commencing October 1, 1995, at an interest rate equal to 4.89% per annum. Interest on the Notes shall be computed on the basis of a 360 -day year consisting of twelve (12) thirty -day months. Adjustment of Interest Rate. for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Notes shall be increased to a rate (the "Taxable Rate") equal to the product obtained by multiplying .the then current rate of interest on the Notes by 1.5, effective retroactively to the •date on which the interest payable on the Notes is includable for federal income tax purposes in the gross income of the Owners thereof. A 2 "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 Notes is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Notes, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Notes 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 Notes is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Notes during any period becomes partially taxable because of any change in the tax laws or regulations, then the interest rate on the Notes shall be increased during such period by an amount equal to: (A - B) x C where: (a) A equals the Taxable Rate (expressed as percentage); (b) B equals the interst rate on the Notes (expressed as a percentage); and (c) C equals the fraction of the interest rate on the Notes which has become taxable as the result of such tax change (expressed as a decimal). Adiustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that maximum effective federal corporate tax rate (the "the Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Notes, shall be other than thirty-five percent (35%), the interest rate on the Notes shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Notes by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior 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 Notes or interest thereon remains unpaid (a) if any law, rule,' regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Notes or causes a reduction in yield on the'Notes (other than by reason 3 of a change described above) to the Owners or any former Owners of the Notes, including ,without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any public 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 Notes (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 Notes) by reason of the ownership of the Notes, the Village shall 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 principal of the Notes shall be payable in full upon their maturity date of April 1, 1997. The Notes are subject to optional prepayment -in whole or in part at any time, at a prepayment price equal to par,, plus accrued interest thereon to the date of prepayment, upon written notice to the.Owners of the Notes given by the Village at least three (3) days prior to the date fixed for prepayment. THE NOTES SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE, AS DEFINED IN THIS RESOLUTION, AND FROM THE PROCEEDS OF REVENUE BONDS IN ANTICIPATION OF WHICH THE NOTES ARE BEING ISSUED (WHEN, AS AND IF SUCH BONDS ARE ISSUED). THE ISSUANCE OF THE NOTES SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THE NOTES CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDERS OF THE NOTES SHALL HAVE NO RECOURSE TO THE POWER OF' TAXATION. SECTION 3. EXECUTION OF NOTES. The Notes shall be signed in the name of the Village by the Mayor and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The signatures of the Mayor and Village Clerk on the Notes may be manual or facsimile signatures, provided that the signature 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. Notes shall cease to be such officer of, the Village before the Notes so signed and sealed shall have been actually sold and delivered, such Notes may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed and sealed such Notes had not ceased to hold such office. Any Notes may be signed 4 and- sealed on behalf of -the Village by such person as at the actual time of the execution of such Notes shall hold the proper office, although at the date of such Notes 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 Notes and for the registration of transfers of Notes. Notes 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 Notes in form satisfactory to the Village and with 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 tag identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. Notes may be exchanged for one or more Notes of the same aggregate principal amount and maturity and -in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village. The Village may deem and treat the person in whose name any Bond shall be registered upon the books kept by 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 and interest on such Bond as they become due and for all other purposes. All 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. In all cases in which Notes are transferred or exchanged in accordance with this Section, the Village shall execute and deliver Notes in accordance with the provisions of this Resolution. All Notes surrendered in any such exchanges or transfers shall forthwith be cancelled- by the Village. There shall be no charge for any such exchange or transfer of Notes,. but the Village may require the 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 Notes for a period of 15 days next preceding an Interest Payment Date on such Notes. All Notes, the principal and interest of which has been fully paid, either at or prior to maturity, shall be delivered 5 to the Village when such payment is made, and shall thereupon be cancelled. In case a portion but not all of an outstanding Note shall be prepaid, such Note shall not be surrendered in exchange for a new Note, but the Village shall make a notation indicating the remaining outstanding principal of the Notes upon the registration books. The Note 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. NOTES MUTILATED, DESTROYED, STOLEN OR LOST. In case any Note shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in the case of a mutilated Note, in exchange and substitution for such mutilated Note upon surrender of such mutilated Note or in the case of a destroyed, stolen or lost Note in lieu of and substitution for the Note destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Village may prescribe and paying such expenses as the Village may incur. The Village shall cancel all mutilated Notes that are surrendered. If any mutilated, destroyed, lost or stolen Note shall have matured or be about to mature, instead of issuing a substitute Note, the Village may pay the principal of and interest on such Note upon the Owner complying with the requirements of this paragraph. Any such duplicate Notes issued pursuant to this section shall constitute original, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Notes be at any time found by anyone, and such duplicate Notes 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 Notes issued hereunder. SECTION k. FORM OF NOTES. The text of the Notes shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. No. R - UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTE SERIES 1995 Registered Owner: Principal Amount: Dollars 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, on April 1, 1997, from the sources hereinafter mentioned, the Principal Amount specified above. Subject to the rights of prior prepayment described in this Note, this Note shall mature on April 1, 1997. This Note is issued under authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Part II of Chapter 166, Florida Statutes, as amended, the Charter of the Village, Ordinance No. duly adopted by Village Council of the Village on , 1995 (the "Ordinance") and Resolution No. duly adopted by the Village Council of the Village on 1995 (the "Resolution", and collectively with the Ordinance, the "Note Ordinance"), and is subject 'to the terms of said Note Ordinance. This Note is issued for the purpose of expanding` and improving the Stormwater Utility System within the Village and paying costs of issuance of the Notes. This Note shall be payable only from the sources identified herein and' from proceeds of- revenue bonds in anticipation of which this Note is being issued (when, as and if such bonds are issued). The Village intends to issue stormwater utility revenue bonds at or prior to the date of maturity of this Note, and the issuance of such bonds' has been authorized by the Village; such authorization, however, does not obligate the Village to issue such bonds or to issue bonds in any specific amount. Subject to adjustment as provided` below, this Note shall bear interest on the outstanding principal balance from its date of issuance payable semi-annually on the first day of each April and October (the "Interest Payment Dates"), commencing October 1, 1995, Stan interest rate equal to 4.890 -per annum. Interest on this Note shall be computed on the basis of a 360 -day year consisting of twelve (12) thirty -day months. Adiustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Notes shall be increased to a rate (the "Taxable Rate") equal to the product obtained by multiplying the then current rate of interest on the Notes by 1.5, effective retroactively to the date on which the interest payable on the Notes is includable for federal income tax purposes in the gross income of the Owners thereof. 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 Notes is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Notes, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Notes 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 the Notes is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest -Rate for Partial Taxability. In the event that interest on the Notes during any period becomes partially taxable because of any change in the tax laws or regulations, then the interest rate on the Notes 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); (b) B equals the interest rate on the Notes .(expressed as a percentage); and (c) C equals the fraction of the interest rate on the Notes which has become taxable as the result of such tax change (expressed as.a decimal). Adjustment of Interest Rate for Change in Maximum Corporate -Tax Rate. In the event that the maximum effective federal corpoate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Notes, shall be other than thirty-five percent (35%), the -interest rate on the Notes -shall be adjusted to the product obtained by multiplying the interest rate then in effect on the. 8 Notes by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior 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 Notes -or interest thereon remains unpaid (a) if any law, rule; regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Notes or causes a reduction in yield on the Notes (other than by reason of a change described above) to the Owners or any former Owners of the Notes, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any public body or governmental agency, any payment is requited to be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Notes (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 Notes) by reason of the ownership of the Notes, the Village shall 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 principal of and interest on this Note 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 or his legal representative at the address of the Owner as it appears on the registration books of the Village. The Village has covenanted and agreed in the Note Ordinance to appropriate in, its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Notes 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 Note Ordinance, other than Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 804 of the Charter of the Village; but only after provision has been made by the Village for the payment of all essential or legally mandated services: 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 9 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 Noteholders 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 appropriate in its general annual budget for the purposes and in the manner stated in the Note Ordinance shall have 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 the Note Ordinance, subject, however, in all respects to the terms of the Note Ordinance 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 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 public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law. THIS NOTE SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE,AND FROM THE PROCEEDS OF REVENUE BONDS IN ANTICIPATION OF WHICH THIS NOTE IS BEING ISSUED (WHEN, AS AND IF SUCH BONDS ARE ISSUED): THE ISSUANCE OF THIS NOTE SHALL NOT DIRECTLY OR INDIRECTLY OR ' CONTINGENTLY -OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY. FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THIS NOTE CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS NOTE SHALL HAVE NO RECOURSE TO THE POWER OF'TAXATION. The Notes are subject to optional prepayment in whole or in part .at any time, at a prepayment price equal to par, plus accrued interest thereon to the date of prepayment, upon 10 written notice to the Owners of the Notes given by the Village at least three (3) days prior to the date fixed for prepayment. The original registered' Owner, and each successive registered Owner of this Note shall be conclusively deemed to have agreed and consented to the following terms and conditions: 1. The Village shall keep books for the registration of Notes and for the registration of transfers of Notes as provided in the Resolution. Notes 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 Notes in form satisfactory to the Village and with 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 the trust and the name of the trustee. The Notes may be exchanged for. Notes of the same principal amount and maturity and denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Note shall be effective until entered on the registration books maintained by the Village. 2. The Village may deem and treat the person in whose name any Note shall be registered upon the books of the Village as the absolute Owner of such Note, whether such Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note as they become due, and for all other purposes. All 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 Note to the extent of, the sum or sums so paid. 3. In all cases in which the privilege of exchanging Notes or transferring Notes is exercised, the Village shall execute and deliver Notee in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Notes, 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 Notes for a period of 15 days next preceding an interest payment date on such Notes.. 4. All Notes, 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 11 be cancelled. In case part, but not all of an outstanding Note shall be prepaid, such Note shall not be surrendered in exchange for a new Note. 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 Note 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 Note 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 , 1995. VILLAGE OF KEY BISCAYNE, FLORIDA Mayor Village Clerk (SEAL) 12 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 Note and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Note on the books kept for registration thereof, with full power of substitution in the premises. Date Signature Guaranteed: Social Security Number of Assignee NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE: No transfer will be registered and no new Note will -be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Note in every particular, without alteration or enlargement or any change whatever andthe 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 Note, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT (Cust.) Custodian for (Minor) TEN ENT - as tenants by under Uniform Gifts to Minors the entirety Act of JT TEN - as joint tenants with right of survivorship and not as tenants in common (State) Additional abbreviations may also be used though not in list above. 13 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 lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Notes 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 Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 804 of the Charter of the Village; but only after provision has been made by the Village for the payment of all essential or legally mandated services. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall becumulative 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 Noteholders 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 appropriate in its general annual budget for the purposes and in the manner stated herein shall have 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 the terms 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. 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 public purposes affecting the health, welfare and 14 safety of the inhabitants of the Village or which are legally mandated by applicable law. SECTION 8. NOTE FUND. There is hereby created a fund entitled "Village of Key Biscayne, Florida Stormwater Utility Revenue Bond Anticipation Notes, Series 1995 Note Fund" (the "Note Fund")., There shall be deposited into the Note Fund on each Interest Payment Date sufficient amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the amounts already on deposit therein, will enable the Village to pay the principal of and interest on the Notes on each Interest Payment Date. Moneys in the Note Fund shall be applied on each Interest Payment Date to the payment -of principal of and interest on the Notes coming due on each such date. SECTION 9. INVESTMENT OF NOTE FUND. Subject to Section 12 hereof, funds in the Note Fund may be invested in the following - investments, maturing at or before the time such funds may be needed to pay principal of or interest on Notes, to the extent such investments are legal for investment of municipal funds ("Authorized Investments"): (a) 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; (c) Interest -bearing time deposits or savings accounts in banks organized under the laws of the State of Florida (the "State"), in 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; (e) Obligations of the Federal National Association, including Federal National Association participation certificates and pass -through certificates' guaranteed by the National Mortgage Association; Mortgage Mortgage mortgage Federal 15 (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 et seq., 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 other investments that at the time are legal investments for municipal funds. SECTION 10. APPLICATION OF NOTE PROCEEDS. The proceeds received upon the sale of the Notes shall be applied simultaneously with the delivery of the Notes, as follows: 1. The Village shall first use the moneys to pay costs of issuance of the Notes. 2 The remainder of the proceeds of the sale of the Notes shall be deposited in the "Village of Key Biscayne, Stormwater Utility Revenue Bond Anticipation Notes, Series 1995 Project Fund" (the "Project Fund"), hereby created, and used -only in connection with the Project. Pending their use, the proceeds in the Project Fund may be invested in Authorized Investments, maturing not later than the date or dates on which such proceeds will be needed for the purposes of this Note Resolution. Subject to Section 12 hereof, any income received upon such investment shall be deposited in the Project Fund and applied to costs of the Project or, at the option of the Village, deposited in the Note Fund and used to pay interest on the Notes until completion of the Project. Subject to Section 12 hereof, after the completion of the Project, any remaining balance of proceeds of the Notes shall be deposited' into the Note Fund and used solely to pay principal of the Notes. Such funds 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 for the 'purposes set forth herein. Pending such application, the Project Fund shall be subject to the lien of the Owners of the Notes for the payment of the principal of and interest on the Notes. The registered Owners shall have no responsibility for the use of the proceeds of the Notes, and the use of such Note 16 proceeds by the Village shall in no way affect the rights of such registered Owners. The Village shall be obligated to apply the proceeds -of the Notes 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 Notes notwithstanding any failure of the Village to use and apply such Note 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 accounts shall be continuously secured in the same manner as deposits of• Village funds are authorized to be secured by the laws of the State of Florida. Except as otherwise provided in Section 10 hereof, earnings on any investments in any amounts 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 Note 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 such revenues and assets. SECTION 12. INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986. The Village covenants to the Owners of the Notes 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 Notes, and shall refrain from taking any actions that would cause interest on the Notes 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 Notes which would cause such Notes 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 term is defined in Section 148 (or any successor 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 Notes. SECTION 13. DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE. The .Village hereby designates the Notes as qualified • tax-exempt obligations under Section 265(b)(3) of the Code, and shall make all necessary filings in order to effectuate such election. The Village represents that neither the Village nor 17 any subordinate entities or entities issuing obligations on behalf of the Village within the Section 265(b)(3) of the Code have issued obligations during calendar year 1995 and neither nor any such entities expect to issue tax-exempt during calendar year 1995, other than the Notes. tax-exempt meaning of tax-exempt the Village obligations 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 Stormwater Utility Revenue Bond Anticipation Notes, Series 1995, 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 Notes (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 Notes 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 earnings 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 i.n 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 Notes and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Notes.- SECTION 15. SPECIAL COVENANTS. The Village shall, within one hundred eighty (180) days of the end of each fiscal year of the Village, deliver to the Noteholders a copy of the annual audited financial statements of the Village. SECTION.16. COVENANTS BINDING ON VILLAGE AND SUCCESSOR. All covenants, stipulations, obligations and agreements of the Village contained in this Resolution shall be; deemed to be covenants, 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 18 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 Notes shall be liable personally on the Notes 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 any of the Notes shall not be made when the same shall become due and payable; or (b) payment of any installment of interest on any of. the Notes 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 Notes 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 given to the Village by any Owner of any Note; provided 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 is proceeding diligently with action to correct such default; or (d) any proceeding shall be instituted with the consent of the Village for the purpose of effecting a composition between the Village and its creditors or for 19 the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days after the institution of the same. SECTION 18. REMEDIES; RIGHTS OF NOTEHOLDERS. Upon the occurrence and continuance of any event of default specified in Section 17 hereof, the Owners of the Notes may pursue any available remedy by suit, at law or in equity to enforce the payment of the principal of and interest on the Notes then outstanding. No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right or power or shall 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 affect any subsequent event of default or shall impair any rights 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 Notes. SECTION 19. DEFEASANCE. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes in 'any one or more of the following ways: (a) by paying the principal of, redemption premium, if any, and interest on the Notes when the same shall become due and payable; or (b) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Notes, 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, redemption premium, if any, and interest due and to become due on said Notes on or prior to the redemption date or maturity date thereof; or (c) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Notes, which, together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of 20 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, redemption premium, if any, and interest due and to become due on said Notes on or prior to the redemption 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 Notes shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes of this Resolution and the lien on and pledge of the Pledged Revenues and all liability of the Village with respect to said Notes 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 Notes 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 Notes are not by their terms subject to redemption within 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 Notes 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 Notes 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 Notes. (d) Notwithstanding the foregoing all references to the discharge and satisfaction of Notes shall include the discharge and satisfaction of any portion of the Notes. (e) 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 Notes 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 Notes or otherwise existing under this Resolution. (f) Notwithstanding any of the foregoing, the 21 requirements of Sections 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 Notes or any portion thereof. SECTION 20. REIMBURSEMENT OF EXPENSES. Pursuant to Section 1.150-2 of the Federal Income Tax Regulations, the Village hereby declares its intent to use proceeds of the Notes to reimburse expenditures paid 'prior to the issuance of the Notes. The purpose of the Notes is stated in Section 1 of this Resolution'. The maximum principal amount of the Notes to be issued is $7,200,000. This declaration pursuant to Section 1.150-2 is supplemental to the declaration made by the Village pursuant to Resolution No. 93-6 adopted by the Village Council on February 23, 1993. SECTION 21. SALE OF NOTES. Based upon the need for immediate financing in order to begin construction of the Project within the period specified in the construction bid documents for the Project and the uncertainty of the interest rate environment if sale of the Notes is delayed, the Village hereby determines the necessity for a negotiated sale of the Notes. The Village has been provided all applicable disclosure information required by Section 218.385, Florida Statutes. The negotiated sale of the Notes is hereby approved to the Bank at a purchase price of par. SECTION 21. AUTHORITY OF OFFICERS. The Mayor, the Vice Mayor, 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 necessary or proper for carrying out the transaction contemplated by this Resolution and the other documents identified herein. SECTION 22. SEVERABILITY. In case any one or 'more of the provisions of this Resolution or of any Notes 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: Notes, but this Resolution and the Notes shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The Notes 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 Notes shall be a Saturday, Sunday or -a day on which the banks in the State are required, or authorized or not prohibited, by law (including executive orders) to close 22 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 Notes were taken in an open meeting of the Village Council and that` all deliberations of the Village Council or any of its committees that resulted in such official acts were 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. SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 11th day of April, 1995. JOHN F. FESTA ATTEST: GUIDO H. IN 7ANZO, JR., VILLAGE CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. ;44 RICHY RD J. WEISS, VILLAGE ATTORNEY M/10073001041395 23 RESOLUTION NO. 95-10 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby adopts the following rules of procedure in order to complete the business on the agenda in a timely and constructive manner: A. The Mayor and Councilmembers' reports should be heard early on in the agenda, prior to other business that might consume much of the time in the. earlier part of the meeting. B. Approval of the minutes should be dispensed with by consent, with the Mayor announcing "if there are no objections, the minutes will be approved as submitted." C. Rules. of Order - special rules: 1. Motions should beclear and concise, perhaps written and given to the Clerk for accuracy and clarification for Council when voting. 2. Motions .should be seconded prior to anv discussion on the motion. 3. The Mayor should call on the maker of the motion, once seconded, for elaboration (if any) prior to calling upon any other member of Council or the public. 4. Voice votes should be used (Those in favor signify by saying "Yes", those opposed say "No") unless a "Roll -Call" vote is requested by any member. 5. Roll -Call votes should be called on a rotation basis starting from one side 'of the table to the other, each subsequent vote will be called starting with the next member from the first member called (i.e. 1, 2, 3, 4, 5, 6, 7; then 2, 3, 4, 5, 6, 7, 1; then 3, 4, 5, 6, 7, 1, 2, etc.). The Mayor should not always be the last to vote. Section 2. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this 11th day of April , 1995. FESTA, MAYOR ATTEST: Guido✓HH..QIIi uanzo, Jr., CMC Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Richard Jay Weiss, Village Attorney RESOLUTION NO. 95-9 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SETTING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has undertaken collection of solid waste and recycling services to residential customers within the Village; and WHEREAS, Ordinance 95-4 authorized the Village to impose fees for the collection of solid waste and for the providing of recycling services; and WHEREAS, a public hearing was held prior to the setting of said fees; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That a fee in the amount of $199.00 per year be set for the collection of solid waste and for the providing of recycling services to residential customers within the Village. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of April , 1995. ATTEST: GUIDO H. I GUN ANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: grhAltA RIC'IARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 95-8 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING CONTRACT FOR CONSTRUCTION OF STORMWATER PROJECT ENTITLED BASINS 1-8; PROVIDING FOR FINANCING OF THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That a contract be awarded to The DeMoya Group, Inc., Miami, Florida, for the construction of the stormwater project entitled Basins 1 - 8, as per the Stormwater Master Plan adopted September 14, 1994, on the west side of Crandon Boulevard. Section 2. That project expenditures, estimated at $7.2 million, be financed principally by Stormwater Utility Revenue Bond Anticipation Notes. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of March , 1995. derL- OR JOHN F. FESTA ATTEST• GUIDO H. I GU JR. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: EPALPA 4.4 RI HARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 95-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A PERMIT AGREEMENT (NO. OF -645) WITH METROPOLITAN DADE COUNTY FOR THE CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM FOR DRAINAGE IMPROVEMENTS AT THREE LOCATIONS WITHIN THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into the attached permit agreement (No. Of -645), with Metropolitan Dade County, for the construction of a stormwater management system for the drainage improvement at three locations within the Village, at a cost not to exceed $54,028.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of March , 1995. ATTEST: GU H. IIGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD J. WEISS, VILLAGE ATTORNEY R JOHN F. FESTA METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGEMENT DIVISION 33 SOUTHWEST 2ND AVENUE MIAMI, FLORIDA 33130-1540 TEL: (305) 372-6681 PERMIT DOCUMENT FOR The construction of a stormwater management system for the drainage improvement at three (3) locations within the Village of Key Biscayne, in Sections 38-54-42 and 5-55-42. PERMIT NO.: OF -645 DATE: FEBRUARY 23, 1995 007368 AGREEMENT FOR DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGEMENT DIVISION WC 680.42 BASIN: This agreement, between the Permittee and the Contractor named herein and Dade County, is made for the purpose of accomplishing the work described herein as further described by approved drawings attached hereto and made a part hereof. Such drawings may be required to be prepared by a Registered Engineer and must be approved by the Director of Environmental Resources Management. (instructions and general requirements for Water Control Permits are attached hereto and made a part of this agreement.) 1. Proposed Work, Construction, or Use: The construction of a stormwater management system for the drainage improvement at three (3) locations within the Village of Key Biscayne, in Sections 38-54-42 and 5-55-42. lA. Special Conditions: See attachment 2. Location: 3. Name, Address and Phone of Permittee: Village of Key Biscayne 85 N.W. McIntyre Street Key Biscayne, Florida 33149 C. Samuel Kissinger, Village Manager Phone: 365-5500 Contractor: (Must be Licensed by Dade County) Lanzo Construction Co. of F. 1900 N.W. 44 Street Pompano Beach, Florida 3306. Matthew Tilli Local Phone: 751-5956 Ext. 134 Sheet 2 SPECIAL CONDITIONS 1. This PeLmit is issued for disposal of excess stormwater runoff only after that portion of the runoff containing the majority of pollutants has been fully restrained on -site, and may be rescinded if a detrimental effect is found on the receiving water body for reasons of malfunction, inadequate maintenance or other reasons. Therefore, in order to maintain this PeLmit active, the Permittee is required to provide regular maintenance and must submit to this office, on a yearly basis, a certification that the system has been maintained and is operating efficiently. 2. In addition, the Permittee hereby agrees to allow access to the site to staff personnel of the Department of Environmental Resources Management, if so required for inspection, at any time after the completion of the job and the closing of this permit. Sheet 2A 4. Agreed Time Limit: From date of completing permit documents to date of beginning of work: N/A days 5. Agreed Number of Calendar Days: Between completion of permit documents and work: N/A days. 6. Permit Value and Amount of PerfoLmance Bond (The sum of the items of cost listed in must conform with Section 24-56-5 (b)(3 Code): $Waived completion of Reauired: Paragraph 6a of County 7. Ouantities of Work to be Done and Estimated Cost: $1,975,104.00 8. Pre -Work Conference: No work under this Permit may be commenced until a prework conference has been held between the Permittee, the Contractor and the Water Control Engineer, together with representatives from any other governmental agencies, utility companies or property owners whose interests may be affected by the work. 9. Surveys and Control of Work: The Permittee shall furnish at his expense all survey information required for proper control of the work. For excavation work, such as canals, this will include cross -sections to be made every ten days during the period of when the work is in progress, unless otherwise specified by the Water Control Engineer. Cross sections and other as -built drawings shall be prepared in accordance with good engineering practice and certified as correct by a registered engineer. 10. Supervision and Inspection: Dade County will appoint such inspectors as are needed to supervise the execution of the work contemplated under this Permit Agreement. The inspector's duties and functions are purely supervisory and their decisions are to be binding only in the absence of the Water Control Engineer, and shall be subject to his review. When in the judgment of the inspectors the performance of the work is not in accordance with the requirements of this permit agreement, they shall have the power to stop, the work, including all related site development work, which shall not be resumed until the Water Control Engineer has rendered his decision upon the matter in dispute. Sheet 3 Any work found net in accordance with permit requirements must be corrected before the Permittee may resume any other part of the work. Delay in completion of the work due to this cause will be considered an acceptable reason for extension of time only when in the opinion of the Water Control Engineer such delay was due to causes beyond the control of the Permittee or Contractor, or that such delay will not handicap or interfere with the Water Control Program of Dade County. 11. Excessive Noise: Upon bona fide complaints of residents in the vicinity of the work concerning excessive noise, Dade County reserves the right to impose the requirement that no work be done on Sunday or any day between the hours of 11:00 p.m. and 7:00 a.m. except such work as is necessary for the proper care and protection of the work already performed. 12. Alterations, Relocations and Incidental Work: All alterations, relocations and other incidental work including utility adjustments that may be required to carry out the purpose and intent of this Permit Agreement shall be performed at the Permittee's expense after approval by the Water Control Engineer. 13. Maintenance and Flow for Drainage: It is agreed that the first priority in the Permittee's development program will be given to provision of adequate drainage connections through the property. The Contractor shall conduct his operations in a manner that will insure that the primary purpose of drainage is served at all times. Temporary construction or blockage of channels for construction purposes will be allowed only upon express permission by the Water Control Engineer, and must be removed immediately upon his demand. 14. Turbidity Control: All engineering drawings submitted for either a Class II or Class III Permit involving construction activities in or along the banks of any surface body of water, shall show turbidity control device outlined on the permit plan set. Turbidity barriers shall be installed in -place before the commencement of work. The latter shall include both exploratory work and actual work. In order to minimize inadvertent collapse of barrier structure, barrier sheathing shall also be anchored along the bottom hem with a weighted chain -like device. At all times, the turbidity barrier device shall be maintained in a proper functional position during the entire construction phase. Sheet 4 15. The Permittee or Contractor shall be responsible for securing any and all permits not included within item #16 which may be required in connection with the Class II or III Permit. The issuance of this permit does not relieve the Contractor or Permittee from above responsibility. 16. Agencies other than the Department of Environmental Resources Management from which approval may be necessary (as checked): South Florida Water Management District, for any use of District Right -of -Way. Dade County Fire Department, for use of explosives. Dade County Public Works Department, Highway Division, for approval of bridge construction plans. Florida State Department, Highway Division, for approval of bridge construction plans. Florida State Department of Transportation District Office, Miami, for work within SRD Right -of -Way. Dade County Public Works Department, Permit Section, for construction permit to install structures (bridge, culvert, catch basin, storm drain, etc.) within canal road Right -of -Way and on -site. Dade County Building & Zoning Department, for permit to install on private property only, bulkheads, retaining walls, piers, docks and boatslips incidental to the principal work covered by this PeLmit Agreement, and for clearing, leveling, • ading, e ava . ling on said property. Recommended: Wate •ntrol Se.! ion IN WITNESS WHEREOF the said DADE COUNTY, FLORIDA has caused this Permit Agreement to be executed in its name by the Director of Environmental Resources Management and Contractor and Permittee have caused this Permit Agreement to be executed in their names. WHEN THE CONTRACTOR IS AN INDIVIDUAL OR PARTNERSHIP Signed, Sealed and Delivered in the Presence of: Witnesses Contractor SIGN DATE Sheet 5 WHEN THE CONTRACTOR IS A CORPORATION Secretary (Correct Name of Corporation) DATE BY President (AFFIX CORPORATE SEAL) WHEN THE PERMITTEE IS AN INDIVIDUAL OR PARTNERSHIP Signed, Sealed and Delivered in the Presence of: Witnesses Owner SIGN DATE WHEN THE PERMITTEE IS A CORPORATION Secretary (Correct Name of Corporation) DATE BY President (AFFIX CORPORATE SEAL) DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT DATE BY Dorian K. Valdes, Chief Water Management Division, for Director, Environmental Resources Management THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE OWNER AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 6 RESOLUTION NO. 95-6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS FOR EMPLOYEE LEGAL SERVICES PLAN AND LONG-TERM DISABILITY PLAN TO SUPPLMENT EMPLOYEE FRINGE BENEFITS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute contracts for an Employee Legal Services Plan and a Long - Term Disability Plan for all full-time Village employees to supplement the fringe benefits as per the attached Exhibit A. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of March , 1995. YOR JOHN F. FESTA ATTEST: GU H. INEtUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD J. WEISS, VILLAGE ATTORNEY EXHIBIT A CURRENT EMPLOYEES' BENEFIT SUMMARY CURRENT BENEFITS: HOLIDAYS 12 BIRTHDAY OFF 1 PERSONAL DAYS OFF 2 VACATION 2 WEEKS - 1ST YEAR 3 WEEKS - 3RD YEAR 4 WEEKS - 7TH YEAR MAXIMUM VACATION ACCUMULATION 480 hours - Remainder paid SICK LEAVE 8 hrs per mo/unlimited accumulation LONGEVITY STEPS 5% each step 5% ANNUAL MERIT PAY STEPS 5 steps ANNUAL PHYSICAL BURIAL EXPENSE $5,000.00 EMPLOYEE RECALL 2 hr minimum @ 1'h x pay HEALTH & LIFE INSURANCE RETIREMENT INVESTMENT PLAN SOCIAL SECURITY MILITARY LEAVE (State Law) COMPENSATORY TIME (Federal Law) EMPLOYEE ASSISTANCE PROGRAM Metro -Dade provides services: FAMILY MEDICAL LEAVE ACT (Federal Law) LAW ENFORCEMENT AND EMPLOYEE INSURANCE PROTECTION All non-union employees TERM DISABILITY Long Term Disability Plan FUNERAL LEAVE 5 days EMPLOYEE DEVELOPMENT Educational Reimbursement Fund RESOLUTION NO. 95-5 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING FINAL PLAT FOR GRAND BAY RESORT AND RESIDENCES; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That approval is hereby granted for the submitted final plat of Grand Bay Resort and Residences, the same being a subdivision of the following described lands: LEGAL DESCRIPTION: Tract 8 of Subdivision of a portion of MATHESON ESTATES, according to the Plat thereof, as recorded in Plat Book 46, Page 86, of the Public Records of Dade County, Florida; AND Lot 1, Block 3, and Tract A-i and Tract B-1, Block 3, of REPLAT OF A PORTION OF BASKER SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 79, Page 50, of the Public records of Dade County, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of February , 1995. OR JOHN F. FESTA ATTEST: z4 G DO H. GUANZ O, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI HARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 95-4 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE; FLORIDA AUTHORIZING AS SECURITY FOR THE VILLAGE'S STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") is contemplating the issuance of Stormwater Utility Revenue Bond Anticipation Notes ("Notes") to finance expansions and improvements to its Stormwater Utility System; and WHEREAS, the authorization to issue such Notes and the terms of such Notes will be determined and set forth in a subsequent ordinance and resolution of the Council; and WHEREAS, in order to allow the Village Manager and the Village's Financial Advisor to begin preliminary discussions with financial institutions for the prospective purchase of such Notes, it is necessary at this time for the Council to express its intentions as to the security for such Notes; and WHEREAS, the Stormwater Utility Fees alone will not, at this time, provide sufficient security for such Notes; and WHEREAS, the Village Manager and the Village's Financial Advisor have determined that the best way to secure the Notes is by a covenant of the Village to annually budget and appropriate from legally available None -Ad Valorem Revenues of the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. It is the intention of the Council to secure the Notes by a covenant to budget and appropriate in its annual budget, from legally available Non -Ad Valorem Revenues of the Village, amounts sufficient to satisfy the annual debt service requirements of the Notes and all other payments that may be required pursuant to such Notes (such as any required reserves). Such covenant will be more fully set forth in a subsequent ordinance or resolution of the Village. Section 2. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 28th day of February , 1995. ATTEST: 4 R JOHN F. FESTA GUIDO H. NGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI RD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 95-3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DISSOLVING THE VILLAGE'S SCHOOL ADVISORY COMMITTEE; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Advisory Committee of the Village of Key Biscayne was created by the Village Council on November 23, 1993; and WHEREAS, the committee was established for the purpose of investigating and making recommendations to the Village Council regarding possible alternatives available to the Village concerning the public school facility; and WHEREAS, based on the committee's recommendation, the Village Council adopted Resolution 94-36 urging the Dade County School Board to adopt a plan to build a new elementary school; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the School Advisory Committee be dissolved. Section 2. That a copy of this resolution shall be presented to each member of the committee, listed on Exhibit A, in appreciation of their commitment and dedication to the Village and its residents. Each copy shall state: Presented to in appreciation for commitment and dedication to the Village of Key Biscayne as a member of the School Advisory Committee. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 13th day of February , 1995. ✓`�X1L R JOHN F. FESTA ATTEST: GUIDO H. NGU�r JR. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: )5d!21/0 J. ISS, VILLAGE ATTORNEY -2- EXHIBIT A SCHOOL ADVISORY COMMITTEE Raymond P. Sullivan, Chairman Martha Broucek, Vice Chairman Susan Fox-Rosellini Barbara Hunsaker Jim Irl Barbara Jacobs Bill Ofgant Michele Padovan RESOLUTION NO. 95-2 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,FLORIDA; EXPRESSING APPRECIATION TO THE EDNA WARDLAW CHARITABLE TRUST FOR THE DONATION OF $8,000.00 TO BE USED FOR THE BUILDING OF A PLAYGROUND ON THE VILLAGE GREEN; EXPRESSING APPRECIATION TO TRUDIE 0. COKER AND SANDERS OLAVARRIETA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the Olavarrieta, in loving contribution is being Trust, in the amount of on the Village Green; request of Trudie 0. Coker and Sanders memory of his mother, Carmen A. Rojas, a made through the Edna Wardlaw Charitable $8,000.00, for the building of a playground NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council expresses its appreciation to the Edna Wardlaw Charitable Trust for the donation of $8,000.00 for the building of a playground on the Village Green. Section 2. That the Village Council also expresses its appreciation to Trudie O. Coker and Sanders Olavarrieta for their efforts in securing the donation. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of January , 1995. ATTEST GUIDO H. ‘t:0, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 95-1 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE KEY BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf of the Village, with the Key Biscayne Athletic Club, for recreational services, at a cost not to exceed $35,000.00. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of January , 1995. R JOHN F. FESTA GUIDO H. INGUANZO, JR., VILLAGE CLERK APPROVED ASS`` TO FORM AND LEGAL SUFFICIENCY: RIC DJ. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this el day of,JANU"-y ,l9gs by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Key Biscayne Athletic Club,a Florida coLporation (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERV/CES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. 3. TERM The team of this Agreement is 1 vear(s) unless earlier terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this agreement or upon request of the VILLAGE during the tei.m of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry liability insurance in the minimum amount of $1,000,000. The Village shall be named as an additional insured on all of the liability insurance policies. Each insurance policy shall state that it is not cancellable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other that a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit B for all acceptable work performed up to the date of teLmination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other fiLms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the teLm of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 12. ATTORNEYS FEES In connnection with any litigation arising out 'of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 13. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows. Village: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 Consultant: Bonnie Cooper, President Key Biscayne Athletic Club P.O. Box 490306 Key Biscayne, F1.33149 (305) 361-7312 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. Attest:%2:c.., ( IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this stated on the day CONSULTANT: Agreement upon the teems and conditions above and year first above written. VILLAGE: Bonnie Cooper, President Key Biscayne Athletic Club P.O. Box 490306 Key Bisc yne, FL 33149 \keybisca\profess 91. VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 EXHIBIT A Pursuant to the Agreement for Professional Services entered into between the Village of Key Biscayne and the Key Biscayne Athletic Club, Incorporated, the Key Biscayne Athletic Club agrees to provide the following recreational services for the Village of Key Biscayne: 1. The Key Biscayne Athletic Club agrees to conduct and operate athletic programs for the benefit of the children of Key Biscayne. 2. The Key Biscayne Athletic Club agrees to run a flag football program during the months of September and October of 1994. Approximately 115 participants are expected in this program. 3. The Key Biscayne Athletic Club agrees to run a soccer program from October 1994 until March 1995. Said program shall include an intramural level for children ages 6 to 8 years of age and a travelling program for children ages 8 to 15. Approximately 280 participants are expected in this program. 4. The Key Biscayne Athletic Club agrees to run a baseball program from March 1995 until June 1995. The program shall include a Coach -Pitch League for children ages 6 to 8 and Under 10, Under 12, and Under 15 Leagues for children ages 9 to 15. Approximately 250 participants are expected in this program. 5. These programs shall be scheduled and administered by Key Biscayne Athletic Club personnel. 6. The Key Biscayne Athletic Club agrees to provide coaches, referees, linesman, and any other personnel necessary to organize and run the above -mentioned programs. 7. The Key Biscayne Athletic club agrees to purchase and maintain all necessary equipment, including: balls, bats, helmets, goals, bleachers, benches, and other equipment necessary to run the above -mentioned programs. 8. The Key Biscayne Athletic Club agrees to purchase and supply all necessary uniforms for participants in the above -mentioned programs. 9. The Key Biscayne Athletic Club shall collect and retain all fees pertaining to participation in its programs. These fees shall be established at the discretion of the Key Biscayne Athletic Club in accordance with the Key Biscayne Athletic Club's purpose as a non-profit corporation, formed pursuant to Florida law. 10. The nature and purpose of the Key Biscayne Athletic Club is set forth in its Articles of Incorporation, which states in part: "The general nature of the objects and purposes of this corporation shall be to promote and encourage all kinds of field and athletic sports; to promote and encourage the sport, pleasure, exercise and recreation of any and all persons, whether or not they are members of this organization; to promote sociability and friendship among the people and the members...." EXHIBIT B FEES FOR SERVICES Thirty five thousand dollars and no cents ( 35,000.00 ).