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 ).