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HomeMy Public PortalAbout1996 AllRESOLUTION NO. 96-1 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING AND COMMENDING THE OFFICE OF THE VILLAGE MANAGER AND THE DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES FOR BEING AWARDED A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 7, 1995, the Government Finance Officers Association awarded the Village of Key Biscayne a Certificate of Achievement for Excellence in Financial Reporting; and WHEREAS, this certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management; and WHEREAS, this is the third year in a row that the Village of Key Biscayne has been recognized for this award; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council recognizes and commends the Office of the Village Manager and the Department of Finance and Administrative Services Department for being awarded the Certificate of Achievement for Excellence in Financial Reporting. Section 2. That the Village Council specifically recognizes the following individuals who contributed to the awarding of the certificate: C. Samuel Kissinger, Village Manager Jack Neustadt, Finance and Administrative Services Director Yocelyn Galiano, Assistant to the Village Manager Maria Valentine, Finance Assistant Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January, 1996. AT I'E GUIDO 1-1 NGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- AMENDED RESOLUTION NO. 96-2 RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CALLING AND PROVIDING FOR A STRAW - BALLOT REFERENDUM ELECTION ON TUESDAY, MARCH 12, 1996 FOR THE PURPOSE OF ENABLING THE ELECTORS OF THE VILLAGE TO INDICATE BY NON- BINDING REFERENDUM WHETHER THEY SUPPORT THE ACQUISITION OF CERTAIN PROPERTY BY THE VILLAGE FOR FUTURE PARK AND OTHER COMMUNITY PURPOSES; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council desires to determine voter support for the acquisition of certain land for future park and other community purposes provided that such purposes can be accomplished with no increase in the ad valorem tax millage rate; and, WHEREAS, a Village Council of the Village acquisition. non -binding referendum mechanism will enable the to determine voter support and allow the electors to indicate whether they support such property NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the presidential preference primary election which will be held on Tuesday, March 12, 1996, is hereby designated as the day for submission to the qualified electors of the Village of Key Biscayne, on the form of ballot embodied in the Notice of Election set forth in Section 3 hereof, straw -ballot measures for determining whether or not the electors support a proposal for the Village of Key Biscayne to acquire certain lands for future park and other community purposes. Section 2. Balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at regular polling places for Village elections held in conjunction with county elections. Allqualified electors residing within the Village shall be entitled to vote on the measure. Section 3. Notice of said election shall be published in accordance with § 100.342, F1a.Stat., in a newspaper of general circulation within the Village at least thirty (30) days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: NOTICE OF ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF AMENDED RESOLUTION R-96-2 OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AN ELECTION HAS BEEN CALLED AND A MEASURE HAS BEEN PLACED UPON THE BALLOT FOR THE MARCH 12, 1996 ELECTION TO BE HELD WITHIN THE VILLAGE OF KEY BISCAYNE ON SUCH DATE BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING NON -BINDING REFERENDUM PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE OF KEY BISCAYNE Title: Straw Ballot for Land Acquisition The Village is contemplating the purchase of certain property for future park and other community purposes. These properties are: Property A: The vacant property between the Village Green and the "Key Biscayne Bank" which contains 1.9 acres and has an appraised value of $2.1 Million. Do you support the purchase of this property for the following purposes: Community Center Village Offices Additional Park Land Yes [ ] No [ ] Yes [ ] No [ ] Yes.[ ] No [ ] Property B: The vacant property at the intersection of Crandon Boulevard and West McIntyre Street which contains approximately 2.0 acres and has an appraised value of $2.4 Million. Do you support the purchase of this property for the following purposes: Community Center Yes [ ] No [ ] Village Offices Yes [ ] No [ ] Permanent Police/Fire Support Facilities Yes [ ] No [ ] Section 4. Polling place information and a copy of the resolution providing for the above -referenced non -binding referendum are available at the Village Hall, office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida. Section 5. The ballot measures presented. to the electors of the Village pursuant to this resolution are presented on a non- binding basis. Section 6.. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 29th day of January, 1996. F. FESTA, MAYOR ATT GUIDO H. GUANZO, JR., CMC VILLAGE • ERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VIL GE RESOLUTION NO. 96-3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A HISTORIC PRESERVATION GRANT AWARD AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE STATE OF FLORIDA, TO RECEIVE A COMMUNITY EDUCATION GRANT FOR THE KEY BISCAYNE HERITAGE TRAIL PROJECT; APPROPRIATING MATCHING FUNDS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Heritage Trail's goal is to identify and protect man-made and natural monuments and landmarks located throughout Key Biscayne; and WHEREAS, the project will educate the public of the existence and importance of these monuments and landmarks; and WHEREAS, the State of Florida's Department of State, through its Division of Historic Resources, has awarded the Village a grant in the amount of $18,000.00 for this project; 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 Historic Preservation Grant Award Agreement, on behalf of the Village, with the State of Florida, to receive an $18,000.00 Community Education Grant for the Key Biscayne Heritage Trail Project. Section 2. That the appropriation of matching funds is hereby authorized. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of March, 1996. (qM F. FESTA, MAYOR ATTES' GUIDO H,4NGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS T F (RNA AND LEGAL SUFFICIENCY: GE ATTORNEY Historic Preservation Grant Award Agreement Community Education Grants - Advanced Payment Grant No. S6091 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Village of Key Biscayne, hereinafter referred to as the Grantee, relative to the Key Biscayne Heritage Trail Project, hereinafter referred to as the Project, and is entered into this day of _ , 199_, and shall end on June 30, 1997. The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of eighteen thousand dollars (518,000.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: L The Project shall include the following authorized project work: A. An Inventory of the historical and archaeological resources of Key Biscayne Island will be prepared. The Inventory will include photographs and descriptions of the resources. The Inventory will be used to develop a Key Biscayne Heritage Trail. B. Signage marking the sites on the Trail will be developed in conjunction with the Department's Grants and Education staff. The Department reserves the right to approve the design and make of the Signage. C. An informational Brochure on the Trail will be prepared in at least two languages. The Brochure will list and describe the sites identified by the relating Signage. D. A draft of the Brochure will be submitted to the Department no later than forty-five days prior to the end of the grant period for review and approval. E. Upon completion of the project, ten copies of the Brochure in each language, one copy of the Inventory, and one set of photographic documentation of the Signage will be submitted to the Department as final products of the Project. II. The Grantee agrees to administer the Project in accordance with the General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability attached as Attacimient "A", and Chapter 1A-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30, 1997 and submit the Final Products and the Final Quarterly Progress Report and Final Quarterly Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.I.b and 13.1.d., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant fonds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. No costs incurred after the Final Quarterly Expenditure Report is approved by the Department are eligible for payment. The Department and the State of Florida shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department and the State. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. C. To the extent allowed by Florida law, the Grantee agrees to be responsible for any claims of any nature, including but not limited to injury, death and property damage, arising out of activities related to this Agreement by the Grantee, its agents, servants, employees or subcontractors. The Grantee agrees to indemnify and hold the Department harmless from claims of any nature and agrees to investigate such claims at its own expense, to the extent allowed by Florida law. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. E. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. G. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. H. The Department reserves the right to cancel this Agreement unilaterally in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. J. The Grantee recognizes that the State of Florida, by virtue of Section 212.08, Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. The Department's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. Q. L. All project work must be in compliance with the Secretary of the Interior's Standards for Historic Preservation Projects. M. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, creed, color, handicap, national origin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. N. Unless authorized by law and agreed to in writing by the Department, the Department shall not be liable to pay attorney fees, interest or cost of collection. 0.. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other than a grantee which is a state agency, shall submit to an audit to be performed in accordance with Section 216.349, Florida Statutes. The product of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of eighteen thousand dollars (S18,000.00). If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of eighteen thousand dollars (S18,000.00). In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms with this signed Grant Award Agreement to initiate the grant. Subsequently, the Quarterly Progress and Expenditure Reports are required on a quarterly basis and must include a Quarterly Project Progress and Expenditure Report for the quarter just completed. The last installment shalt be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Quarterly Progress and Expenditure Report and verification of all previously submitted Quarterly Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments may, at the sole discretion of the Department, be made quarterly and upon receipt of the Final Quarterly Progress and Expenditure Report. In addition, the Department may demand restitution from the Grantee for all sums advanced in excess of the amount necessary to appropriately compensate the Grantee for all project work completed to that point in a timely and satisfactory manner. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. IV. The payment schedule of grant funds shall be subject to any special conditions required by the Office of the Comptroller, State of Florida. Surplus funds must be temporarily invested and the interest earned on such investments shall be retuned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grant period in the form of a check or money order made payable to the Florida Department of State. V. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. VI. Any provision of this Agreement in violation of the laws of the State of Florida shall be ineffective to the extent of such violation. without invalidating the remaining provisions of this Agreement. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. VIII. Each grantee, other than a grantee which is a state agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a state agency, is not entitled to accrue any benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. DC. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. X. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (30 calendar days from the date of receipt of notice by the Grantee) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, and any corrective action required of the Grantee. Such notices shall be sent by return receipt mail to the Grantee. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. At the discretion of the Department, third party contributions applicable during the suspension period may be allowed in satisfaction of matching share requirements. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant may be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department may terminate the grant in whole or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the terms and conditions of the grant. The Department will promptly notify the Grantee in writing of the termination and the reasons for the termination, together with the effective date. In the event that the funds are not used for the purpose for which intended by the grant, or if it is later determined that the Project failed to meet grant qualification requirements, then, at the option of the Department, any portion of the grant previously advanced shall be repaid to the Department. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. Once initiated, no grant shall be terminated by the Grantee prior to satisfactory completion without approval of the Department. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments: When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to Village of Key Biscayne, 85 West McIntyre Street, Key Biscayne, FL, 33149, for the Grantee, Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XIII. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XIV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: WITNESSES: DEPARTMENT OF STATE GEORGE W. PERCY Director, Division of Historical Resources SUZANNE P. WALKER Chief Bureau of Historic Preservation Division of Historical Resources VILLAGE OF KEY BISCAYNE Signature of Authorized Official Typed Name and Title of Authorized Official RESOLUTION NO. 96-4 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SOUTH MIAMI GRAFIX, MIAMI, FLORIDA, FOR THE PROVISION OF SCANNING SERVICES FOR THE BUILDING, ZONING AND PLANNING DEPARTMENT; 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 an agreement, on behalf of the Village, with South Miami Grafix, Miami, Florida, for the provision of scanning services for the Building, Zoning and Planning Department, pursuant to the proposal attached as Exhibit A. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of March, 1996. JpH?/F. FESTA, MAYOR GUIDO H. : GUANZO, JW, CMC, VILLAGE CLERK APPROVED AS T RICHAR ORM AND LEGAL SUFFICIENCY: J. 17,T5 VI ' AGE ATTORNEY ¶OUT1.I ffli ffli__1111111111 6raf%r EXHIBIT A 6811 SW 81 Terrace TEL: 305-661-5030 Miami, FL 33143 FAX: 305-669-9632 We're not just for blueprints any more! PROPOSAL FOR DIGITAL ARCHIVING Presented to the Village of Key Biscayne February, 1996 Scanning and Printing Costs A true digital archiving system includes provisions for both input (scanning) and output (printing). Our prices for the high volume you require are as follows: Size Scan 1st Print Dup.Prints E (30x42) 4.50 D (24x36) 3.00 C (18x24) 1.50 B (12x18 or 1.00 11x17) A (8.5x11 or 1.00 8.5x14) 2.97 1.92 .99 .66 1.44 .96 .48 .32 .66 .20 Scanning is based on a charge of .50 per sq.ft. with a 2 sq.ft. minimum. Reprints are quoted for bond paper copies at .32 per sq.ft. for a single copy, and .16 per sq.ft. for duplicate copies. Reprints can also be made on vellum or mylar for 1.00 and 2.25 per sq.ft. respectively. This would allow blueprint copies to be made from the reprints. Note that the software also allows printing on your in-house laser printers and plotters. Reprints can be made any size regardless of the size of the original. This means you can offer reduced or full-size copies. Full-size copies are 1006- accurate and to scale. Modem File Transfers Transferring files by modem, perhaps overnight, appears to be the best way to deliver the scanned images. Our modems will handle rates up to 28,800 baud, giving a transfer time of about 3 minutes per megabyte. The BBS we use for receiving plot files from our customers can be set up to make the scanned images available for you to download. At your convenience you would -just have to dial up and select the files to be transmitted. In the event of a bad transmission, you could easily retrieve any individual file again. This process could be further automated so that it would involve a minimum of cite and attention on both ends. Mass Storage Options We can also support file transfers on removable high -density disks -- currently Bernoulli and Zip disks by 'omega. Other foLmats could be supported at your request. Software License Options We supply a variety of software packages that access, view, and print scanned images, and also provide for automating the transmission of files to be reprinted by us. Multiuser prices can be quoted on request. WINDOWS (3.11, NT, 95) Apprentice -- viewer/printer/remote transmission Views/prints ➢WG, DXF, DGN, TIF, GP4, and HPGL or Calcomp PLT files on any Windows device. Automated remote transmission for service bureau printing. Image Access -- customized MS Access database for image retrieval. Includes Access runtime. Full multiuser. Supports multiple file viewers. DOS $ 99.00 800.00 UltraView image viewer/printer for TLC 300.00 UltraTransit import/export option for UltraView 2,000.00 Software support is free for the first 90 days, $40.00 per hour thereafter. Option for Future Expansion If your needs grow, you have the option of purchasing a KIP 3800 Digital Copier to do your own scanning and printing.J South Miami GRAFIX is a Shacoh USA dealer for the 3800 and provides maintenance contracts for the machine. The current price is approximately $60,000 including the computer interface. 6811 SW 81 Terrace TEL: 305-6615030 Miami, FL 33143 FAX: 305-669-9632 We're not just for blueprints any more! From: Steve Donachie To: John Little. Building & Zoning Company: Village of Key Biscayne MESSAGE: Re: Document Scanning Project PROPOSAL In response to your concerns about the limitations of the UltraBase software product, l propose the following: We will replace UltraBase with a custom database application developed to your specifications at no additional charge. Further, we will save you the future expense of upgrading to DataScan's multiuser site -license by including full multiuser capabilities at no additional charge. Your only future licensing requirement will be for any added "seats for the UltraView file viewer, which are $295.00 each, or UltraMark markup utility, which is $195.00. You will retain the UltraTransit, View, and Mark utilities and their licenses for use with TLC images and the database we will supply. You may wish to upgrade to the Windows version of the viewer when it becomes available. in place of DataScan's 15% annual maintenance fee on UltraBase, 1 propose an hourly rate ($40.00) for program modifications if and when they become necessary after the initial design has been installed and meets your approval. We will supply all code to you, so you will be able to make your own modifications in the future as you see fit. FEATURES As we have discussed, the features to be included in our custom application will be: 1) Relational file structure. with the main record representing the Building Permit, and subrecords listing all available documents. 2) Pushbutton viewing and printing of selected documents. 3) Ability to search on any field or combinations of fields. 4) Flexible memo fields for miscellaneous data. 5) Industry standard Microsoft Access data format, with ability to attach to other database tables. 6) User-designable reports. 7) Direct support of TLC, GP4, PCX, BMP, and TIF images, so that document sets can be of mixed formats. 8) No artificial limits on filename conventions or directory structure for the scanned documents. 9) Access privileges limited by user group and/or user name. TIMETABLE As we discussed on the phone, I already have a working model of the database structure and entry forms for you to evaluate. If this preliminary design meets your approval, I should be able to deliver a working version by mid -January that would immediately allow you to begin entering data and using the scanned images. Once this version proves itself in use. it can be refined into a standalone application suitable for distribution to other users on your network. This form of the application would use an Access runtime module (no charge) so that a full installation of the Access database product would not be required by other users. It would offer enhanced ease of use by techniques like substituting buttons for more complicated menu commands. It would also prevent casual users from modifying the way the application is designed. This final phase of development should not take more than 30 to 60 days. If this is agreeable, pending your approval of the database model, please initial a copy of this document and return for our records, or just fax a memo indicating acceptance. Development will continue immediately. Thanks for your collaboration in this ground -breaking project. Steve Donachie, President RESOLUTION NO. 96-5 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A GRANT AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE DADE HERITAGE TRUST, FOR THE JULY 27,1996 CAPE FLORIDA LIGHTHOUSE RELIGHTING CELEBRATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dade Heritage Trust has requested financial assistance toward the costs of hosting the July 27, 1996 Cape Florida Lighthouse Relighting Celebration commemorating the restoration of the historic lighthouse; and WHEREAS, on February 13, 1996, the Village Council authorized the appropriation of $25,000.00 for this event; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached grant agreement, on behalf of the Village, with the Dade Heritage Trust, for financial assistance toward the costs of hosting the July 27, 1996 Cape Florida Lighthouse Relighting Celebration. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26th day of March, 1996. A__ MA OR JOHN F. FESTA AT 1'hS T� GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO VILLAGE A ND LEGAL SUFFICIENCY: Item 8-A GRANT AGREEMENT CAPE FLORIDA LIGHTHOUSE RELIGHTING CELEBRATION THIS AGREEMENT, made and entered into this day of March, 1996, by and between the Village of Key Biscayne, Florida, a municipal corporation of the State of Florida (hereinafter the "Village") and the Dade Heritage Trust, a Florida not -for-profit corporation (hereinafter "Grantee"). WITNESSETH WHEREAS, Grantee has requested financial assistance toward the Grantee's costs of hosting the July 27, 1996 Cape Florida Lighthouse Relighting Celebration commemorating the restoration of this historic Lighthouse; and WHEREAS, the Village Council finds that providing financial assistance towards such celebration serves' a public purpose in promoting and advancing the community heritage and the tourism industry in the Village; and WHEREAS, the Village desires to enter into an agreement with Grantee to provide funds to Grantee to assist Grantee with the costs of such celebration. NOW, THEREFORE, in consideration of the mutual benefits derived herefrom, the parties covenant and agree as follows: I. FUNDING ASSISTANCE. A. Village shall provide to Grantee Twenty Five Thousand ($25,0001 Dollars, within twenty (20) days after the date of execution of this Grant Agreement, for use for the purposes set forth in Section II of this Agreement. B. The funds provided by the Village pursuant to this Agreement shall be derived solely from funds available to the Village for such purpose. II. USE OF GRANT FUNDS. A. Grantee shall utilize the grant funds provided hereunder solely for the purpose of paying a portion of the costs incurred by Grantee in hosting and providing the Cape Florida Lighthouse Relighting Celebration at the Lighthouse grounds at Bill Baggs State Park, Key Biscayne, Florida, on Saturday, July 27, 1996, as 1 such celebration is described on Exhibit "A" attached hereto and incorporated herein. Provided that the celebration is conducted as described herein, any of the grant funds provided hereunder which are not fully expended for the purposes stated above may be expended by Grantee for Lighthouse restoration or improvements approved by the Village. In the event that the proposed celebration is canceled or postponed for a period of greater than thirty (30) days, the grant funds shall be returned to the Village within ten (10) days of the Village's demand. B. Grantee shall maintain accurate and complete books, records and documents, such as vouchers, bills, invoices, receipts and canceled checks, sufficient to reflect properly all receipts and expenditures of grant funds for a period of three years following payment under this Agreement. Each of the records shall be retained by the Grantee at the office of the Dade Heritage Trust in Dade County, Florida in a secure place and in an orderly fashion. Grantee shall provide to Village a copy of such records upon completion of the celebration event. The system of accounting utilized by Grantee shall be in accordance with generally accepted accounting principles and practices, consistently applied. C. Grantee shall permit authorized representatives of the Village to inspect and audit all books, records, documents, and other supporting data and documentation relating to the Grantee's performance hereunder. These rights of audit shall extend for a period of three years following payment under this Agreement. D. Grantee shall reimburse the Village for any unauthorized expenditures which may be determined by Village. III_ TERM OF AGREEMENT This Agreement shall be in full force and effect commencing on the date of execution hereof. IV. INDEMNIFICATION AND HOLD HARMLESS; INSURANCE A. It is expressly understood and intended that Grantee is only a recipient of grant funds and an independent contractor hereunder, and is not an agent, servant, employee or joint venturer of the Village. It is further understood that the Village shall not be liable for any of the conduct or activities of Grantee or Grantee's agents, servants, contractors, employees or celebration participants. B. Grantee shall defend, indemnify and hold harmless the Village from any claim or damage for personal injuries (including death) or property damage, arising from the act, omission or performance or failure of performance of Grantee or of Grantee's 2 agents, contractors, servants and employees hereunder. C. In support, but not in limitation of this indemnification provision, Grantee hereby agrees to maintain and pay all premiums for a policy (Special Events) of comprehensive general .liability insurance in an amount of not less than $300,000 combined single limit insurance covering any occurrence arising from the celebration event, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the Village and Village's officers, agents and employees, as additional insured with respect to the celebration event and the operations and activities of Grantee or its agents, servants or contractors in any way connected with the celebration, and shall provide for 30 days' prior written notice to the Village of any cancellation or change in scope or amount of coverage of such policy. Grantee shall furnish the Village with a Certificate of Insurance evidencing Grantee's compliance with the provisions of this section prior to the celebration. V. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any court action between the parties for any controversy arising from or related to this Agreement shall be in the llth Judicial Circuit in and for Dade County, Florida. VI. BENEFITS TO VILLAGE In addition to the cultural, educational, and tourism promotion benefits inuring to the Village as a result of the celebration event held pursuant to the financial assistance provided pursuant to this Agreement, Grantee shall provide to the Village the beneficial items listed under the heading of "Title Sponsor" as set forth in the document entitled "Celebration" as attached hereto as Exhibit "B" and incorporated herein. Additionally, the Village shall receive fifty (50) celebration event tickets of a $50.00 price, for a reduced cost of $40.00 each, if requested by the Village. Village may re -sell or otherwise distribute these tickets. VII. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and contains the entire agreement between the parties. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether 3 oral or written, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. VIII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. IX. RIGHTS OF OTHERS Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any rights or remedies under or by reason of this Agreement. X. REPRESENTATION BY GRANTEE The Grantee represents that 1) this agreement has been duly authorized, executed and delivered by the Grantee; .and 2) it has the required capacity and authority to perform this Agreement. XI. REPRESENTATION BY VILLAGE The Village represents that 1) this Agreement has been duly authorized, executed and delivered by the Village Council of the Village of Key Biscayne, as the governing body of the Village of Key Biscayne; and 2) it has the required power and authority to perform this Agreement. XII. INVALIDATION OF PROVISIONS, SEVERAHILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XIII. NOTICE Notices to the Village provided for herein shall be sufficient if sent by federal express or certified mail, return receipt 4 4W 40 requested, postage prepaid, addressed to the Village Manager, 85 West McIntyre Street, Key Biscayne, Florida 33149 and notices to Grantee, if sent by federal express or certified mail, return receipt requested, postage prepaid, addressed to Dade Heritage Trust, Attention: Executive Direotor or President of Board, 190 SE 12th Terrace, Miami, Florida 33131, or such other respective address as the parties may designate to each other in writing, from time to time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. VILLAGE: Village of Key Biscayne, Florida Pursuant to Village Council authorization of February 13, 1996 By: C. SAMUEL KISSINGER, Village Manager`' ATTEST: GUIDO H. INGUANZO, JR., CMC Village Clerk GRANTEE: Dade Heritage Trust By: Title: ATTEST: Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney 5 Eottstr-'.:A;r1'- TS• . TARGET AUDIENCE: Hosted oy Dade HQhtage TrTrust and The State of Florida in association with (SP • Cape Florida Lighthouse Re -lighting Celebration Champagne Toast Party Lighthouse Grounds. Bill Beggs State Park Key Biscayne Saturday, July 27 6.30 PM 400-50 Dade County and Key Biscayne Business Leaders & Community Members Federal. State and Local Government Leaders Dade Heritage Trust Members Greater Miami Chamber of Commerce Members nun Organizations: (Key Biscayne Rotary, Ocean Drive,8usiness Association. Miami Design Preservation League Members and other Preservation Organizations South Florida Community an:_attons: Washington Street Alliance) SPEAKERS: Govemor Lawton Chiles, U.S. Senators. Admiral John Lockwood, Dade Heritage Trust President. KEY Department of Environmental Protection/State of Florida Representative 2. • EVENT OUTUNE • Sunset Arrival of Guests (Spotlights on Lighthouse) Tours of lighthouse • Outdoor Cocktail Party with Live Music (Tent on -site in case of rain) hore Boating Activity: Coast Guard Cutters: Flotillas: Yacht Club Members' Boats •• OM•SOlficiai Relighting Ceremony (Welcome —Dignitaries & S� hes; Color Guard) • Spotlights fumed ofl...lighth ouse turned on. Rreworksl Musc • .. Champagne Toast • Party continues with Hors D'oeuvres and Live Music • Commemorative Gifts distributed at end of evening Additional Layers to Event —•Keepers Dwelling' Open to Showcase Retrospective Photos of Lighthouse Restoration & SponsorvMact'eP ai -Book Signing: Key Biscayne Author Joan Gill Blank, '(A History of Mianis Tropical Island —Key Monde Ug tuouse) -South Florida Lighthouse Artist — Original Artwork for Poster Csplayed & Raffled —South Florida's Top Five Fashion Designers Unveil *Lighthouse -inspired Designs on Models (Posed on Pedestals) Winners —Qsplay Key Biscayne Elementary School Lighthouse Poster Contest —Centerpieces Designed by South Florida Artists —Official Video Crew Documenting Event (or use as historical do«mmnnm lighthouse Museum) EVENT costs • Staging (Tent Generator. Lights. Spotlights. Sound, Podium, Chairs. Tables) • Decor (Decorations. Banners. Pathway Lighting) • Pnmed Material (Invrtabons. Program. Postage) Caddails'Food (Donations from Liquor ccmpanies expected) Panting Attendants & Signage Additional Music if desired — (Coast Guard Band provided) Fitt +1/2crfa 1 a Y tt t1 (. is be or tit re- - Rroyrsmact ad CLpais «2*000) Replacement at buns Sten 455 Specified � Ian 000) Idd Her laterier sad Exterior Lighting (I&0001 Iddt find hems t)ateineat landeesping SYta (IMG0 1) Caps Raids again= Eistoricat &l'tbB (19x000) !slE=i jars %AT,. a4TAT r�I_1� IS re; tun II Imre x Replacement et Seennd Order Perna tans (x04000i laW replacement et tacimiscid (i2CGAGG1 aceatas t iiehtRienomm ainC00) ea et Bradlaa ref e! rum imlt and srtexar miaow Replacement et Cast lroa lair column ($4.000) RepMermeat et Slsdoaa OURS Replaennet al Cast leen Barth; Pad CAPE FLORIDA LIGHTHOUSE RESTORATION . APROJECT OFDADEHER11TTA RUST -- ON BEHALF OF THE FLORIDA PARKSERVICE LIGHTHOUSE TO BE RESTORED ID 1855 CONDITION Exit; 6;F 5; I..) 7-k CELEBRATION --� TITLE SPONSOR - $25,000.00 • Twenty (20) Tickets to Cocktail CeiebrationNlP Ceremony Seating • Full page ad in commemorative program • Gold Preservation Patron —Dade Heritage Trust Membership • • Inclusion in Lighthouse Poster (Company Name Printed) • Two (2) Promotional Banners at Event • Company Name/Logo listed as Title Sponsor in Press Releases. Invitation. Program Company Name included in all PSA Announcements (Radio & TV) Twenty (20) Tickets to Press Party (June) • Company Name/Logo Visibility at Press Party (June). On €rte tour of ffghthouse and photo oppodrauty. • Inclusion in official Lighthouse Video (Documenting restoration to celebration...Shawn year round in Keepers oweisug) • Acknowledgment of company name as Title Sponsor in all stage announcements • Ten (10) signed limited edition Lighthouse Posters • Ten (10) Commemorative Gilts • Ten (10) Cape Florida Lighthouse T -shits • Ten (10) Signed Books (A H istoy or Miani s Tropical Island...Key sseayna and the Cape Panda lighthouse by Joan Gm tom) • Display Space for Promotional Materials at Event (Aol000a to Lighthouse Retromeceve rh °widphsl EXECUTIVE SPONSOR - $15,000.00 • Fifteen (15) Tickets to Cocktail Celebration/Preferred Ceremony Seating • Full page ad in commemorative program • Silver Preservation Patron —Dade Heritage Trust Membership • Promotional Banner at Event • Company Name/Logo included in Invitation and Program • Fifteen (15)Tickets to Press Party (June; Company NameiLogo Visibility at Press Party. ante tar or Hghtheuse and photo oppatuety • Acknowledgment of company name as Executive Sponsor in all stage announcements • Ten (10) signed limited edition Lighthouse Posters • Five (5) Commemorative Gifts • Five (5) Cape Honda Lighthouse T-shirts • Two (2) Signed Books (A History of Miami's Tropical Island...Key Biscayne and the Cape Ronda Lighthouse by Joan GC Elmo • Display space for Promotional Materials at Event (maces to Lighthouse Retrospective Photographs) OFFICIAL SPONSOR -$10,000.00 • Ten (10) Tickets to Cocktail Celebration/Reserved Ceremony Seating • Half page ad in commemorative program • Bronze Preservation Patron —Dade Heritage Trust Membership • Promotional Banner at Event • Company Name included in Invitation:Company Logo included in Program • Ten (10) Tickets to Press Party (June) - • Company Name/Logo Visibility at Press Party. On -site tar ofigt andpnotooppon,nty • Acknowledgment of company name as Official Sponsor in all stage announcements Five (5) signed limited edition Lighthouse Posters Five (5) Commemorative Gifts • Five (5) Cape Florida Lighthouse T-shirts • One (1) Signed Book (A History or t aana s Tropreat istand...Key Biscayne and the Cape Florida Lighthouse by Joan Gm Manx) • Dismay space for Promotional Materials at E; ent (Adjacerx to Lighthouse Retrospective Pictograms, 1• • 1 • • 1 • Five (5)Tickets to Cocktail CeiebrationlReserved Seating Quarter page ad in commemorative program Preservation Patron —Dade Heritage Trust Membership Company Name listed in Program Fore (5)Tickets to Press Patty (June) Company Name/Logo Visibility at Press Party. Acknowledgment of company name as Supporting Sponsor in all stage announcements. Five (5) signed limited edition Lighthouse Posters Three (3) Commemorative Gifts Three (3) Cape Florida Lighthouse T-shirts One (1) Signed Book (A History of Mint s I topical Island...Key Biscayne and the Cape Florida IJghthouse by Joan GiA Blanks 1 CONTRIBUTOR -$1,000.00 • Two (2) Tickets to Cocktail Celebration/Reserved Seating 1 • Name Listing in Program Preservation Advocate -Dade Heritage Trust Membership • Two (2) Tickets to Press Party (June) • One (1) signed limited edition Lighthouse Posters • One (1) Commemorative Gift • Two (2) Cape Florida Lighthouse T-shirts • One (1) Signed Book IA History of Miami Tropical Island...Key Biscayne and the Cape Florida Lighthouse by Joan Gig Blardu 1 1 1 1 1 1 1 1 1 f t RESOLUTION NO. 96-6 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AND ADOPTING BUILDING, ZONING AND PLANNING FEE SCHEDULES; PROVIDING FOR INCREASE IN THE BASE BUILDING PERMIT FEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 96-4, enacting Section 6-3 "Building Permit Fees" and Section 30-1 "Zoning and Planning Application Fees," the Village Council is authorized to provide fee schedules for building, zoning and planning regulatory services provided by the Village ; and WHEREAS, after public hearing, the Village Council has determined to establish appropriate fees for building, zoning and planning services, as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the building, zoning and planning fee schedule, attached hereto as Exhibit "A" and incorporated herein, is hereby established as the fee schedule for building, zoning and planning services provided by the Village of Key Biscayne Building, Zoning and Planning Department. Section 2. That the base building permit fee is hereby increased to the rate shown on Exhibit "A". Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of April, 1996. ATTEST: GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY Village of Key Biscayne, Florida Building, Zoning and Planning Fee Schedule Adopted by the Village Council on April 9, 1996 (Resolution 96-6) For Additional Information Contact: Building, Zoning and Planning Department Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5511 Fax: (305) 365-5556 Internet: http://vkb.key-biscayne.fl.us MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." Village of Key Biscayne Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sit -tie Raymond P. Sullivan C. Samuel Kissinger Village Manager Guido H. Inguanzo, Jr., CMC Village Clerk Weiss, Serota & Helfman, P.A. Village Attorney John P. Little, Jr., Director Leo Limos, Building Official Building, Zoning and Planning Department MISSION STATEMENT: `TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR AIL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" BUILDING, ZONING AND PLANNING FEE SCHEDULE A. GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND CANCELLATIONS 1. DOUBLE FEES When work for which a permit is required is commenced prior to the obtaining of a permit, the permit applicant shall be required to pay one hundred dollars ($100.00) plus a double permit fee. In no event shall the applicant pay less than one hundred and seventy dollars ($170.00). The payment of the required fee shall not relieve any person, firm of corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The double fee requirements shall be applicable to all divisions of the Building, Zoning and Planning Department. For second offense of doing work without a permit, the permit applicant shall be required to pay twice the double permit fee plus two hundred dollars ($200.00). For each offense thereafter, the permit applicant shall be required to pay twice the double permit fee plus five hundred dollars ($500.00). 2. REINSPECTION FEES When extra inspection trips are necessary due to (1) wrong address being given on call for inspection, (2) prior rejection of work due to faulty construction, (3) work not being ready for inspection at time specified, (4) failure to call for final or other inspections, (5) required corrections not being made or completed at time specified, a fee of fifty dollars ($50.00) for each reinspection shall be charged to the permit holder in the trade concerned. If it is determined by the field inspector concerned, that the job has the same problem after the reinspection fee is assessed and paid, then a second reinspection fee of one hundred dollars ($100.00) shall be charged. The reinspection fee requirement shall be applicable to all divisions of the Building, Zoning and Planning Department. The payment of reinspection fees shall be required prior to requesting final inspections. The reinspection fee for inspection of existing buildings by all trades to determine compliance with the South Florida Building Code, but not annual inspections as required by 305.1(d) shall be fifty-five dollars ($55.00) per inspection. 3. LOST AND REVISED PLANS FEE a. LOST PLANS 1 When plans for new buildings and additions are lost by the owner or contractor, a recertification fee will be required to review, stamp and approve a new set of plans as a field copy. Such fee shall be based on thirty percent (30%) of the original building permit fee, with a minimum fee for Group I (single family residence) or thirty dollars ($30.00), and a minimum fee for all others of sixty dollars ($60.00). REVISED PLANS PROCESSING FEE 1) Major plan revision after permit is issued shall be subject to a fee of fifty percent (50%) of the original permit fee up to a maximum of eight hundred dollars ($800.00). 2) Each time plans are revised for any reason during the processing period they shall be subject to a fee increase of fifty percent (50%) of the original permit fee up to a maximum of eight hundred dollars ($800.00). Minor plan revision shall be subject to a fee at the rate of one dollar ($1.00) per minute of time for each review that takes longer than five (5) minutes. c. LOST BUILDING PERMIT FEE A replacement fee of thirty dollars ($30.00) shall be charged for the loss of a Building Permit document after a permit has been issued. REFUNDS, TIME LIMITATION, CANCELLATIONS The fees charged pursuant to this schedule, provided the same are for a permit required by Section 301.1 of the South Florida Building Code, may be refunded by the Director of the Building, Zoning and Planning Department, subject to the following: a. No refunds shall be made on requests involving: 1) permit fees of eighty dollars ($80.00) or less; or 2) permits revoked by the Building Official under authority granted by the South Florida Building Code, or permits canceled by court order; or conditional permits; or 3) permits which have expired; or 4) permits under which work has commenced as evidenced by any recorded inspection having been made by the Department; or 5) the original permit holder when there is a change of contractor. A full refund less eighty dollars ($80.00) orfifty percent (50%) of the permit fee, whichever is greater, rounded to the nearest dollar, shall be granted to a permit holder who requests a refund provided that: 1) the Department receives a written request from the permit holder prior to the permit expiration date; and 2) the permit holder submits with the written request the applicant's validated copy of said permit; and 3) no work has commenced under such permit as evidenced by any recorded inspection. c. Where there is a change of contractor or qualifier involving a permit, the second permit holder shall pay a fee of eighty dollars ($80.00) to cover the cost of transferring the data from the original permit to the second permit, except when the original permit has expired or the original permit fee is under eighty dollars ($80.00), in which case the original permit feel shall be paid. d. A fee of fifty-five dollars ($55.00) shall be paid by the permit holder who submits a written request for a permit extension as authorized under Section 304.3(b) of the South Florida Building Code. e. Where a permit has become null and void pursuant to paragraph 304.3(a) pf the South Florida Building Code, a credit of fifty percent (50%) of the original permit fee shall be applied to any reapplication fee for a permit covering the same project and involving the same plans, provided that the complete reapplication is made within six (6) months of the expiration date of the original permit, and provided that no refund had been made as provided in this section. If reapplication is made after six (6) months of the expiration date or if this is not the first reapplication made on the project, the full permit fee shall be charged on the renewal application. The permit reapplication must be submitted with the plans and the applicant's validated copy of the original permit. The amount of this fee shall be at least equal to or higher than the minimum fee for the trade concerned. SPECIAL PROJECTS a. A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the department in order to answer questions proposed by developers, attorneys, realtors, or municipalities, etc., in connection with the use, re - subdivision, and development of properties, or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal Department work. A minimum fee of fifty-five dollars ($55.00) shall be charged. A fee equal to two dollars ($2.00) per page shall be assessed for pre-programmed computer reports on department records. The minimum fee shall be fifty dollars ($50.00). Commercial site plan review fee: For every application for an administrative review of site plan where such site plans are reviewed by the Zoning division, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application a fee of one hundred and sixty dollars ($160.00). 6. GENERAL INFORMATION a. A $0.01 per square foot fee will be added to building permits for the State of Florida to study building code requirements for radon gas. b. For concurrency review, a fee of six percent (6%) of the total permit fee, Certificate of Use and Occupancy or Zoning application fee, will be added to original fees where a concurrency review was performed. c. Impact fees are assessed on certain building permits, including reapplication on expired permits. BUILDING PERMIT FEES Fees listed in section B include only building permit fees and do not include plumbing, electrical or mechanical fees, certificate of occupancy fees, or contractor/tradesmen fees which are listed in the following sections: 1. "UP -FRONT" PROCESSING FEE When the building permit application is received, the applicant shall pay an "up -front" Processing fee equal to four dollars and twenty cents ($4.20) for each 100 square feet or fractional part thereof, or four dollars and twenty cents ($4.20) for each $1,000.00 of estimated value or fractional part thereof. This processing fee is not refundable, but shall be credited toward the fmal building permit fee. 2. MINIMUM FEES FOR BUILDING PERMIT The minimum fee for all building permits is applicable to all items in the section - except as otherwise specified $35.00 (This minimum does not apply to add on building permits issued as 4 supplementary to current outstanding permits for the same job.) NEW BUILDINGS OR ADDITIONS For each 100 square feet or fractional part of floor area: Single Family and Duplex - Group I up to 1,000 s.f. 8.40 Storage & Industrial Use of Group E & F occupancies up to 1,000 s.f. 8,40 Each additional 100 s.f. thereafter 18.00 Shade Houses .30 Greenhouses & building for agricultural uses (non- residential) when located on the premises so used 5.25 Screen enclosures and trailer addition 6.30 All others upto 1,000 s.f. 9.45 Each additional 100 s.f. thereafter 18.00 NEW CONSTRUCTION OTHER THAN AS SPECIFIED HEREIN: (WATER TOWERS, PYLONS, BULK STORAGE -TANK FOUNDATIONS, UNUSUAL LIMITED -USE BUILDINGS, MARQUEES, AND SIMILAR CONSTRUCTION) For each $1,000 of estimated cost or fractional part 7.90 Subsoil preparation for each $1,000 of estimated costs (does not include C.O. to occupy property 5.25 ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER STRUCTURES For each $1,000.00 of estimated cost or fractional part 8.40 MOVING BUILDINGS OR OTHER STRUCTURES For each 100 square feet or fractional part thereof (does not include cost of new foundation or repairs to building or structure) 9.00 5 7. SLABS For each 1,000 square feet or fractional part of area 4.20 8. ROOFING (Including re -roofing) For each 100 square feet or fractional part of area 1.20 9. FENCES AND/OR WALLS For each 100 lineal feet or fractional part thereof 1.35 Minimum fee 35.00 10. SWIMMING POOLS, SPAS, AND HOT TUBS For each 1,000 gallon capacity or fractional part 4.75 Minimum fee 50.00 11. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE USED FOR PUBLIC ASSEMBLY For each 100 square feet or fractional part of platform area 3.65 For each 100 lineal feet or fractional part of seats 3.15 12. DEMOLITION OF BUILDINGS For each 100 square feet or fractional part of floor area 5.25 13. DEMOLITION OF SIGNS, FENCES AND/OR WALL STRUCTURES OTHER THAN ABOVE Fee 35.00 6 14. SHOP DRAWING REVIEW a. TRUSSES First 600 square feet or fractional part 11.55 Each additional 100 square feet or fractional part .60 b. PRECAST/PRESTRESS (Roof -Floor -Walls) each 1,000 square feet or fractional part 5.75 c. OVERHEAD DOORS Each overhead door 5.75 d. SKYLIGHTS Each skylights 5.75 e. HAND RAILS/STAIR RAILS For the first 500 linear feet or fractional part 11.55 For each additional 100 linear feet or part 1.20 f. STORE FRONT/FIXED GLAZING g. (Under 8 feet high x 4 feet wide) each 100 square feet or part 5.75 WALK-IN COOLERS Each walk-in cooler 15.75 15. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS Replacement of windows and exterior doors in all buildings or installation of windows or doors in building exceeding two stories in height; or storefronts and 7 fixed glass exceeding eight feet (8') in height or four feet (4') in vertical mullion spacing; or Curtain walls including windows and doors therein; For each 100 square feet or fractional part 6.30 16. SCREEN ENCLOSURES, CANOPIES AND AWNINGS a. SCREEN ENCLOSURES Each 100 square feet or fraction 5.75 b. FREE STANDING CANOPIES For each $1,000.00 of estimated cost or fractional part 6.30 c. AWNINGS AND CANOPIES Horizontal projection per square feet area covered 0.08 17. TRAILER TIE DOWN Tie down inspection fee: including tie down, plug in of plumbing and electrical service connections per trailer 50.00 This does not include installation of meter mounts and service equipment. Separate mechanical plumbing and related electrical permits are required. 18. AGRICULTURAL "U -PICK" PERMITS Each permit per field 105.00 19. SIGN PERMIT FEES a. Minimum sign fee 35.00 b. Signs -non illuminated (per square feet) (illuminated signs under electrical permits) 1.05 8 c. Anneal renewal of Class C signs on or before October 1st of each year (per sign) 26.00 C. PLUMBING PERMIT FEES 1. MINIMUM PLUMBING OR GAS FEE PER PERMIT Except as otherwise specified 35.00 (This minimum does not apply to add on plumbing permits issued as supplementary to current outstanding permits for the same job.) 2. ROUGHING -IN OR PLUGGED OUTLETS FOR: Bathtubs, closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy tables and other fixtures, appurtenances or other appliances having water supply or waste outlet, or both, drinking fountains, fixtures discharging into traps or safe waste pipes, floor drains, laundry tubs, lavatories, showers, sinks, slop sinks, urinals, water heaters For each roughing -in or plugged outlet 3.40 Fixtures set on new roughing -in or plugged outlets or replaced on old roughing in ; each fixture 3.40 Pool heaters installed or replaced 15.75 3. SEPTIC TANKS, SETTLING TANKS, GAS AND OIL INTERCEPTORS, GREASE TRAPS: (Including tank abandonment, draintile and relay for same) 31.50 4. SEWER Each building storm sewer and each building sewer where connection is made to a septic tank, to a collector line or to an existing sewer or to a city sewer or soakage pit or to a building drain outside a building 7.90 Sewer Capping 10.00 9 5. CONDENSATE DRAIN (AIR CONDITIONING): Per outlet 3.15 Except single not manifolded A/C outlet not exceeding 5 HP N/C WATER PIPING: Water service connection to a municipal or private water supply system (for each meter on each lot) 5.75 Water connection or outlets for appliance or installations not covered by fixture set above 4.50 Irrigation system, and underground sprinkler system for each zone 16.80 Solar water -heater installation, equipment replacement or repair 31.50 Swimming pool piping, not including well (new installation of replacement including service connection) 31.50 Sump pump 6.85 2" or less water service backflow assembles 3.70 2 1"4" or larger water service backflow assembles 26.25 Repairs to water piping: for each $1,000 estimated cost or fractional part 4.20 WELLS All wells 52.50 NATURAL GAS OR A LIQUEFIED PETROLEUM: For each outlet (includes meters and regulators 2.25 For each appliance (does not include warm air heating units, but does include unvented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) 2.25 10 For each meter (new or replacement) 4.00 For major repairs to gas pipe where no fixture or appliance installation in involved 5.50 Underground L.P. Gas Tanks 21.00 Above ground L.P. Gas Tanks 15.75 Change of company - (no additional appliances or outlets) 5.50 9. WATER TREATMENT PLANTS, PUMPING STATIONS, SEWAGE TREATMENT PLANT AND LIFT STATIONS: Water treatment plant (interior plant piping) 57.75 Sewage treatment plan (interior plant piping) 57.75 Lill Station (interior station piping) 57.75 Sewage ejector 57.75 10. WATER AND GAS MAINS: (On private property and other than public utility easements) Each 50 feet or part thereof 4.75 11. STORM AND SANITARY UTILITY AND/OR COLLECTOR LINES BUILDING DRAIN LINES: Each 50 feet or part thereof 4.75 Each manhole or catch basin 7.35 12. TEMPORARY TOILETS - WATERBORNE OR CHEMICAL First temporary toilet 30.00 For each additional 5.55 Renewal of temporary toilet same charge as original permit. 11 13. DENTAL VACUUM LINES Each system 15.75 14. TRAILER OR MANUFACTURES HOMES CONNECTIONS Each unit 31.50 ELECTRICAL PERMIT FEES 1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK PER PERMIT Except as otherwise specified 35.00 (This minimum does not apply to add-on electrical permits issued as supplementary to current outstanding permits for the same job and demolition work.) 2. PERMANENT SERVICE TO BUILDINGS - NEW WORK ONLY (The following fee shall be charged for total amperage of service.) For each 100 amp. or fractional part 3.70 3. FEEDERS: (Includes feeders to panels, M.C.C.; switch -boards, generators; automatic transfer switches, elevators, etc.) Each feeder 10.50 4. AGRICULTURAL SERVICE (Permanent) Per amp .55 12 TEMPORARY SERVICE FOR CONSTRUCTION Per amp .55 6. TRAILER SERVICE (Construction) Per amp .55 7. TRAILER SERVICE (Residential) 8. Per amp .30 TEMPORARY SERVICE FOR TEST (Commercial Only) a. Equipment and service (30 day limit) per meter 63.00 b. Elevator (180 day limit) per elevator 63.00 RESIDENTIAL WIRING (New construction of Group I and living units of Group H.) Applies to all electrical installations except common areas, parking lot area and/or buildings and house service of Group H. For each 100 square feet or fractional part of floor area 6.60 Common areas of Group H includes: corridors, public lounges, elevators, pumps, A/C (public area), lights, outlets, house and emergency service, etc. These areas shall be subject to the fees below: 10. ALL OTHER WIRING AND OUTLETS: a. Includes boxes, receptacles, switches, sign, fractional motor, fans, low voltage outlets, empty outlets for telephone, CTV, each outlet, 110 volt smoke detectors each outlet box 1.35 b. Special outlet up to 60 amps 4.50 c. Special outlet over 60 to 100 amps 10.50 13 d. Commercial equipment (KVA rated) X-ray outlets, commercial cooking equipment, presses, generators, transformers, permanently connected. For each 10 KW or fractional part 5.25 e. Motors (Fractional already covered on general outlets) 1) From 1 HP to 5HP for each motor 5.25 2) Over 5 HP to 100 HP for each motor 7.35 3) Over 100 HP for each motor 15.75 f. Air conditioning and refrigeration system (new work). Applies to commercial and residential, agricultural and industrial. Covers related work, except wall or window units which are covered under special outlets. 1) Per ton or fraction part thereof 4.75 2) Air conditioning and refrigeration system strip heating, space heating. For each 10 5.25 KW of fractional part 3) Replacement or relocation of existing A/C and refrigeration units (same size) Per ton 1.05 Per KW .55 Electrical equipment - replacement (existing facilities) Fee based on cumulative cost of the following components: 1) Switchboards, M.C.C., panels, control boards. For each board 15.75 2) Motor replacement for same size. From 1HP to 5HP for each motor From 5 HP to 100 HP for each motor Over 100 HP for each motor 2.65 3.65 8.40 14 11. LIGHTING FIXTURES Fee based on cumulative cost of the following components: Includes floodlights, spotlights, parking lights, tennis court lights, fluorescent and incandescent fixtures, etc. a. Per fixture 1.35 b. Plugmold, light track, neon strips. Each 5 feet or fractional part 2,10 c. Per lighting pole (standards) (Fixture to be charged separately) 6.30 12. SIGNS & ARCHITECTURAL FEATURE (Indoor Neons) Per outlet 10.50 Per square feet of sign 1.05 Repairs, and reconnectoin each 31.50 Neon strips each 5 feet or fractional part 2.10 13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS, CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC. Fee based on cumulative cost of the following components: Lighting Fixtures 1.35 Equipment ground each 5.25 Electrical service (if temp pole required) 78.75 Generator for each 10KW or fractional part 5.25 14. FIRE DETECTION SYSTEM (Needs category 04 processing) Includes fire alarm systems, Halon, etc. Does not include single 110 volt residential detectors. 15 Master control 15.75 Each device 1.05 15. MASTER TELEVISION ANTENNA AND RADIO SYSTEM Does not include CATV and telephone empty conduit system. Does include free wiring of same. Master control 15.75 Each device 1.05 16. BURGLAR ALARM SYSTEM Residential prewiring only 31.50 Master control 15.75 Devices 1.05 17. INTERCOM SYSTEM Includes residential (3 units or more), nurse call, paging, etc.: Master control 15.75 Each device 1.05 18. ENERGY MANAGEMENT SYSTEM Master control 15.75 Each device 1.05 19. SWIMMING POOLS, ELECTRICAL Fee based on cumulative cost of the following components: a. Residential pool or spa (Group I) (Includes motor and pool lights 47.25 16 b. Residential Combination pool/spa (includes motor and pool lights) 73.50 c. Pool deck lights/outlets per fixture or outlet 1.35 d. Pool/spa heater per unit (residential/commercial) 10.50 e. Commercial and multi -family dwelling pool or spa 94.50 f. Commercial, multi -family dwelling combination pool/spa 157.50 20. FREE STANDING SERVICE - New meter and service (Requires processing) Fee based on cumulative cost of the following components: Includes lift stations, sprinkler systems, street lighting, parking lots, etc. that require new service with separate meter. Service - per amp .55 Outlet - per outlet 1.30 Lighting fixture - per fixture 1.30 Motor 1 - 5 HP - per motor 5.25 Over 5HPto100HP-per motor 7.35 Over 100 HP - per motor 15.75 Per lighting pole (standards) 6.30 MECHANICAL PERMIT FEES L MINIMUM MECHANICAL PERMIT FEE Except as otherwise specified 35.00 (This minimum does not apply to add on mechanical permits issued as supplementary to current outstanding permits for the same job.) 2. AIR CONDITIONING AND REFRIGERATION, INCLUDING THE RELOCATION OF EQUIPMENT 17 Separate permits are required for electrical water and gas connections. For each ton capacity or fractional part thereof 10.50 FURNACES AND HEATING EQUIPMENT, INCLUDING COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT ELSEWHERE CLASSIFIED (Includes all component parts of the system except fuel and electrical lines). For each 15,000 BTU (4.39 KW) per hour or fractional part 8.40 4. FIRE SPRINKLER SYSTEM Per standpipe 10.00 Per sprinkler head .90 Per hose rack or hose bib 5.25 Per connection to community supply 31.00 Each 50 feet of underground piping or part thereof 17.00 Minimum Fee 52.00 STORAGE TANKS FOR FLAMMABLE LIQUIDS Per tank 50.00 INTERNAL COMBUSTION ENGINES Stationary 50.00 COMMERCIAL KITCHEN HOODS Per foot of length or fractional part 10.00 Minimum fee 80.00 18 OTHER FEES a. Fire chemical halon and spray booths For each $1,000.00 or fractional of part of cost 8.40 Minimum fee 80.00 b. Insulation, Pneumatic Tube, Conveyor Systems, Pressure and Process Piping, Sheet al or Fiberglass Air Conditioning Duct, Cooling Towers, Mechanical Ventilation Ductwork or Ductless Ventilation For each $1,000.00 or fractional part of estimated cost 8.40 ELEVATORS, ESCALATORS AND OTHER LIFTING APPARATUS Fee for original installation or major alterations and remodeling (includes initial inspection and certificate). 1. PASSENGER AND FREIGHT ELEVATORS Per elevator 300.00 Escalators, and residential elevators 180.00 Dumbwaiters, manlifts, wheel chair lifts 60.00 Conveyors and all other lifting and transporting apparatus (except as otherwise provided each drive 60.00 Material hoists for construction None Elevator for construction use only, 30 day limit 75.00 Key box for each Fire Division 50.00 2. FLES FOR PERIODIC REINSPECTION Passenger elevator (Annual inspection per code) 105.00 Freight elevators, escalators (Annual inspection per code) 52.00 19 Dumbwaiters, wheelchair lifts and all other lifting and transporting apparatus (Annual inspection per code) 37.00 3. AMUSEMENT RIDES AND DEVICES For each portable or temporary unit (maximum of 30 days) 63.00 For each permanent unit installed or altered 315.00 Annual inspection for each ride or device at any one location (permanent installation only) 31.00 BOILERS AND PRESSURE VESSELS Installation permit fees: Including initial inspections and certificate. Does not include installation or connection of fuel and water lines. 1. BOILERS: The following fees apply to each boiler to be installed. Boilers less than 837 MBTU each 55.00 Boilers 837 MBTU to 6,695 MBTU each 80.00 Boilers 6,695 MBTU and up each 105.00 Steam driven prime movers, each 55.00 Steam actuated machinery, each 50.00 Unfired pressure vessels (operating at pressures in excess of 60 psi and having volume of more than 5 cubic feet) each pressure vessel 55.00 2. FEES FOR PERIODIC REINSPECTION: Steam Boilers (annual) Each 105.00 Hot water boilers (annual) Each 36.00 Unfired pressure vessels (annual) Each 36.00 Miniature boilers (annual) Each 31.00 20 Certificate of inspection (where inspected by insurance company) Each 31.00 Shop inspection of boiler or pressure vessels per completed vessel 31.00 (Minimum of $165.00 per half day, full day, regardless of number of vessels inspected) 335.00 CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF COMPLETION The following original fees shall be paid for all uses. The indicated renewal fee applies to those uses which are required to be renewed annually by Code or by Resolution. All non- renewable uses are issued permanent use and occupancy certificates which shall remain valid for an unlimited time, unless revoked for cause or abandoned and providing there is no change of use, ownership, or name, or that there is no enlargement, alteration or addition in the use or structure. 1. RESIDENTIAL(C.O.) Original Fee Annual Renewal Fee Duplexes, per structure 35.00 None Bungalow courts 45.00 None Apartments, hotels, motor hotels and all multiple family uses -per building 4-50 Units 55.00 None 51-100 Units 65.00 None 101-200 Units 75.00 None 201 or more units 85.00 None Private school, day nursery, convalescent and nursing home, hospital, ACFL and Developmentally Disabled home care 90.00 50.00 21 BUSINESS, WHOLESALE AND RETAIL All uses, except the following: Original Fee Annual Renewal Fee Per square feel of business area .03 Minimum 90.00 55.00 Automobile, trailer, boat, truck, etc., rental or sales from open lot or combination open lot and building per square feet of business area .03 Minimum 90.00 160.00 Changer of owner or restaurant liquor/beer/wine in conjunction with restaurants, grocery stores, etc. 90.00 55.00 INDUSTRIAL All uses, except the following: Original Fee Annual Renewal Fee Per square feel of business area .03 Minimum 90.00 55.00 Automobile used parts yard, commercial incinerators, junkyards, slaughterhouses, bulk storage or petroleum products, and utility plants. Per square feet of business area .02 Minimum 420.00 160.00 22 UNUSUAL USES, SPECIAL PERMITS, BUSINESS AND INDUSTRIAL USE VARIANCES, AS FOLLOWS: Original Fee Annual Renewal Fee All unusual uses, except the following 210.00 160.00 Churches None None Airport, commercial dump permits, racetracks, stadiums 420.00 160.00 Cabaret, nightclub, liquor or package store 265.00 265.00 Rock quarries, lake excavations and/or filling thereof 315.00 160.00 Circus or Carnival (per week) 185.00 185.00 Open lot uses 125.00 105.00 Land clearing, sub soil preparation 110.00 125.00 AGRICULTURAL Original Fee Annual Renewal Fee All uses, except as otherwise listed herein 125.00 125.00 TRAILER USE CERTIFICATES Covers administrative and initial field inspection cost for all types of construction site trailers. Fee also covers cost of site plan review. Original Fee Annual Renewal Fee a. Trailers approved for temporary occupancy during construction of a residence (section 33-168 Metro Code) 180.00 180.00 23 b. Trailers approved for commercial purposes or development projects, including watchman's quarters and temporary sales trailers 350.00 350.00 c. Construction Field Offices 125.00 125.00 d. Cash escrow processing fee 100.00 e. Trailer Tag deposit 25.00 f. Cash Escrow processing (Balloons) 50.00 g. Cash Escrow processing (Demo) 200.00 h. Demolition C.O. 300.00 MAXIMUM FEE Original Fee Annual Renewal Fee The maximum Building, Zoning and Planning fee for a Certificate of Use and Occupancy shall be 600.00 None Provided no violation exists at time of C.O. CHANGE OF USE OR NAME When there is a change of use or name, the fee shall be the original fee listed for the use proposed. REFUNDS No refunds shall be made of fees paid for use and occupancy permits. In case of error, adjustment may be made by the Director of the Building, Zoning and Planning Department. 24 10. OCCUPANCY WITHOUT C.O. Original Fee Annual Renewal Fee (In violation) 150.00 plus a double C.O. fee 11. FAILURE TO RENEW C.O. C.O.s not renewed on or before the renewal date will be assessed a $150.00 violation fee plus a double C.O. fee. 12. CERTIFICATE OF COMPLETION (C.C.) Original Fee Annual Renewal Fee Single family residence, Townhouse Unit, and commercial shell 25.00 None 13. TEMPORARY C.O. "UP FRONT" FEE When the temporary C.O. (TCO) application is received, the applicant shall pay an "up -front" processing fee equal to twenty-five dollars ($25.00). This processing fee is not refundable. This fee shall be deducted from the total cost of the TCO. 14. C.O. AND TCO INSPECTION FEE When an inspection is necessary prior to the issuance of a C.O. or TCO, an inspection fee of thirty dollars ($30.00) is charged for each inspector who is required to make a field inspection. Temporary C.O.s will be charged at a fee equal to the final C.O. cost in addition to the inspection fee. This fee will be needed, up to ninety (90) days. 15. C.O. REINSPECTION FEE When extra inspection trips are necessary due to 1) wrong address being given on call for inspection 2) required corrections not being made or completed at time specified 3) failure to provide access to the property or use, a fee of fifty dollars ($50.00) for each inspector who must return shall be charged. Any reinspection after the initial reinspection shall require payment of a one hundred dollars ($100.00) fee. 25 16. LETTER OF OMISSIONS FEE A fee of twenty-five dollars ($25.00) will be charged for each trade in which an item has been omitted prior to final inspection approval. A minimum fee of twenty-five dollars ($25.00) shall be charged. ZONING APPLICATION FEES 1. PUBLIC HEARING APPLICATION FEES For every application for a zoning change, variance, or other zoning application, where a public hearing is required to be held, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of not less than three hundred and fifty dollars ($350.00) ($750.00 if the application is the result of a violation. For minor structures on residential property similar to carports and sheds less than 201 sq. ft. and 8 ft. in height, the cost is $475.00), with the exact amount of each and every public hearing application fee to be established administratively consistent with the size of property (ac.), number of units, size of building and propose use of property (zoning). Submittal of the first revised plan will be processed by the Department at no additional cost to the applicant. Subsequent revisions will be processed at an additional charge of three hundred and fifteen dollars ($315.00) (or $525.00 if submitted 30 days or less prior to hearing) per revised plan and shall be paid in total at the time of submittal to the Department (see Addendum 1). All public hearing application fees shall be paid in total, at the time of the filling of the application, and no fee shall be credited or refunded, except when adjustment is warranted or deemed necessary due to departmental error in the original setting of said fee. 2. APPEALS OF VILLAGE COUNCIL DECISIONS For every application for an appeal of a decision of the Village Council, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of three hundred and fifteen dollars ($315.00), to be paid at the time of application. Site plan modification, where permitted, to appeal requests will be processed at an additional cost of three hundred and fifteen dollars ($315.00). 3. PREPARATION OF CERTIFIED RECORD FOR COURT APPEALS: For the purpose of court appeals, wherein the Director of the Building, Zoning and Planning Department is requested to make available the record upon which the decision of the Board of County Commissioners is based, there shall be paid to the 26 Building and Zoning Department, for the preparation of a certified copy of the record, a fee of two hundred and sixty-five dollars ($265.00), to be paid at the time of the request. 4. ENTRANCE FEATURE APPLICATION FEE: For every application for an entrance feature, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of three hundred and fifteen dollars ($315.00) ($420.00 if the application is the result of violation). All such fees shall be paid, in total, at the time of the filling of the application, and no fee shall be credited or refunded. APPEALS OF ENTRANCE FEATURE DECISIONS: For every application for an appeal of an entrance feature decision of the Director of the Building, Zoning and Planning Department by any grieved property owner in the area, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of three hundred and fifteen dollars ($315.00), to be paid at the time of application. Pursuant to the provisions of Section 33-31(c) (2), an appeal by an aggrieved applicant shall be by the filing of a de novo application for the public hearing before the Village Council, with the fee to be paid subject to the public hearing application fee provisions herein. ADMINISTRATIVE VARIANCE APPLICATION FEES: For every application for an administrative variance, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of one hundred and fifty dollars ($150.00) ($265.00 if the application is the result of a violation). All such fees shall be paid, in total, at the time of the filing of the application and no fee shall be credited or refunded. APPEALS OF ADMINISTRATIVE VARIANCE DECISIONS: For every application for an appeal of an administrative variance decision of the Building, Zoning and Planning Department to the Village Council by any aggrieved property owner in the area, there shall be paid to the Building, Zoning and Planning Deparmtnet for the processing of each and every application, a fee of three hundred and fifteen dollars ($315.00), to be paid at the time of application. Pursuant to the provisions of Section 33-311 (c) (2), an appeal by an aggrieved applicant shall be by the filling of a de novo application for public hearing before the Village Council, with the fee to be paid subject to the public hearing application fee provisions herein. 27 ADJUSTMENT OF LANDSCAPING REQUIREMENTS APPLICATION FEES: For every application for an adjustment of landscaping requirements, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of one hundred and sixty ($160.00). All such fees shall be paid, in total at the time of the filing of the application, and no fee shall be credited or refunded. APPEALS OF ADJUSTMENTS OF LANDSCAPING REQUIREMENTS DECISIONS: For every application for an appeal of an adjustment of landscaping requirements decisions of the Director of the Building, Zoning and Planning Department by any aggrieved property owner in the area or an aggrieved applicant, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application a fee of three hundred and fifteen dollars ($315.00) to be paid at the time of application. 10. APPEALS OF ADMINISTRATIVE DECISIONS OF DEPARTMENT: For every application for an appeal of the Building, Zoning and Planning Department decision relative to zoning administration or zoning enforcement matters by any aggrieved property owner in the area concerned, or by any aggrieved applicant, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of three hundred and fifty dollars ($350.00), to be paid at the time of application. 11. APPEALS OF ADMINISTRATIVE DECISIONS OF DIRECTOR: For every application for an appeal of the Director of the Building, Zoning and Planning Department Administrative Decision by any aggrieved property owner in the area concerned, or by any aggrieved applicant, the appellant shall pay to the Building and Zoning Department, for the processing of each and every application, a fee of three hundred and fifty ($350.00), to be paid at the time of application. 12. SEVERABLE USE RIGHTS a. Registration Fee to "grandfather" severable use rights as provided by ordinance 65.00 28 b. Application Fee for use of severable use rights as provided by ordinance 1) Basic Application Fee per bonus development "receiver" site 2) Additional Application Fee per additional East Everglades "Transferor" parcel (One "Transferor" parcel included in Basic Fee) 105.00 55.00 c. Recording fees as established by the Clerk of the Clerk of the Court (Recorder). 13. ADMINISTRATIVE SITE PLAN REVIEW FEE: For every application for an administrative review of site plans for residential use where such site plans do not require approval at a public hearing, these shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of not less than six hundred and thirty dollars ($630.00), with the exact amount of each and every administrative site plan review fee to be established administratively, consistent with the size of property (acres) and number of unit charges established within the public hearing application fee schedule (see Addendum 2). All administrative site plan review fees shall be paid in total at the time of the filing of the application, and no fee shall be credited or refunded. Submittal of the first revised plan will be processed by Department at no additional cost to the applicant. Subsequent revisions will be processed at an additional charge of three hundred and fifteen dollars ($315.00) per revised plan and shall be paid in total at the time of submittal to the Department. 14. ADMINISTRATIVE LAKE PLAN REVIEW FEE For every application for an administrative review of lake plans where such lake plans do not require approval at a public hearing, there shall be paid to the Building, Zoning and Planning Department, for the processing of each and every application, a fee of not less than six hundred and thirty dollars ($630.00), with the exact amount of each and every administrative lake plan review fee to be established administratively, consistent with the size of property (acres) established within the public hearing application fee schedule. All administrative lake plan review fees shall be paid in total at the time of the filing of the application, and no fee shall be credited or refunded. 29 15. CLASS I PERMITS For every review of a Class I permit application there shall be paid at time of application to the Building, Zoning and Planning Department a fee of eighty-five dollars ($85.00). 16. CLASS IV PERMITS For every review of a class IV permit application where a zoning hearing is not required there shall be paid at the time of application to the Building, Zoning and Planning Department a fee of eighty-five ($85.00). 17. OTHER PROCESSING FEES In addition, the department may charge processing costs equal to actual staff time and related costs for matters which involved extensive research, including review of legal agreements, distribution of zoning agenda listings to subscribing members of the public, letter reflecting preliminary assessment of a potential zoning related matter, etc. A minimum fee of fifty-five dollars ($55.00) shall be charged. COST OF PUBLICATION AND RECORDS 1. SOUTH FLORIDA BUILDING CODE, OTHER CODE BOOKS, SUPPLEMENTS AND DEPARTMENTAL PUBLICATION FEES: The charge for each copy of the South Florida Building Code, other code books or supplements thereto or other Departmental Publications shall be assessed by the Building and Zoning Department in the amount equal to the low bid printing cost plus the demonstrable cost to the department selling and distributing such code books, code supplements or departmental publications. The charge for publications of Construction Lien Law information are limited to five dollars ($5.00) per copy of publication as permitted under Chapter 713 of the Florida Statute. 2. COPIES OF DEPARTMENTAL RECORDS Plan Reproductions from microfilm Plan Reproduction from microfilm -per sheet 5.00 Reproduced Records - per page .15 Double sided copies - per page .20 30 Certified copies - per page 1.00 Notary Public Service - per document 1.00 Research and Ordering Plans 5.00 PREMISE PERMIT FEE In accordance with provisions of the South Florida Building Code and Chapter 10 of the Code of Metropolitan Dade County, each firm or organization in Dade County which performs its own maintenance work with certified maintenance personnel as well as helpers thereunder may pay to Village of Key Biscayne an annual Master and subsidiary premise permit fee in lieu of other fees for maintenance work. Such fee shall be paid to the Building, Zoning and Planning Department and such permit shall be renewed annually at a fee which is calculated in accordance with the provisions of this subsection. 1. CALCULATION OF THE INITIAL MASTER PREMISE PERMIT FEE: Each firm or organization which obtains an annual Master premise permit shall include in their application for such permit the total number of maintenance personnel, including helpers and trainees thereunder assigned to building, electrical, plumbing or mechanical work. The Master Premise Permit fee shall be computed by multiplying the total number of such employees times fifty dollars ($50.00). The minimum Master premise permit fee shall be nine hundred and forty-five dollars ($945.00). 2. CALCULATION OF THE INITIAL SUBSIDIARY PREMISE PERMIT FEE: Each firm or organization which utilizes decentralized locations in addition to the main location described under point 1 above, may additionally apply for a Subsidiary Premise Permit for each such decentralized location. Such application for a Subsidiary Premise Permit shall include the same information required in point 1 above. The Subsidiary Premise Permit Fee shall be computed by multiplying the total number of such employees times fifty dollars ($50.00). The minimum Subsidiary Premise Permit fee shall be two hundred and sixty-five dollars ($265.00). 3. RENEWAL OF PREMISE PERMIT: Prior to each premise permit expiration, the holder will be sent a renewal notice to continue the premise permit for the next renewal period. The calculation of the renewal premise permit fee shall be the same as the method used to calculate the original premise permit fee. No allowances shall be made for late renewal fees or 31 part year renewal fees. 40 -YEAR RECERTIFICATION FEES For every application for 40 -year recertification under Section 104.9 of the South Florida Building Code there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). For every application for subsequent recertification at 10 year intervals thereafter, there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). Recording Fees: Established by the Clerk of the Court (Recorder). STRUCTURAL GLAZING SYSTEMS - RECERTIFICATION FEES For the initial application for structural glazing recertification and each subsequent application under Sections 104.9 and 3515 of the South Florida Building Code there shall be paid to the Building, Zoning and Planning Department, for the processing of each application, a fee of two hundred and fifty dollars ($250.00). 32 ADDENDUM #1 PH# RECEIPT # PUBLIC REARING APPLICATION FEE SCHEDULE Applicant: Basic Fee: $350.00 Violation 735.00 Trailer 350.00 Trailer in Violation 475.00 Minor Residential Structures 350.00 Minor Residential Structures in Violation 475.00 *Zone Change (one acre or more) To: Site Plan(s) Each AU/GU/RU-1/RU-2/RU-1Z/EU 525.00 RU-TH/Multi-Family/PAD 735.00 RU-5/RU-5A/OPD 945.00 BU 1155.00 IU 1365.00 Revision to site plan (1st revision no charge) Revision to site plan within 30 days of hearing *Use Variance For uses permitted in: AU/GU/RU-1/111.1-2/EU 630.00 Size of Property No. of Units (Residential\ 630.00 315.00 525.00 RU-TH/Multi-Family/PAD 840.00 RU-5/RU-5A/OPD 1050.00 BU 1260.00 lU 1470.00 $210.00 per 10 acres or portion thereof $105.00 per 5,000 sq.ft. or portion thereof Size of Building (so.ft.) Other than Residential $105.00 per 5,000 sq.ft. or portion thereof Concurrency Fee 6% Total *If alternate Use Variance is requested, charge Zone Change fee and Site Plan fee without Use Variance charge. Do not charge site plan fee with this charge. 33 ADDENDUM 2 FEE SCHEDULE ADMINISTRATIVE SITE PLAN REVIEW FOR MULTIPLE FAMILY, TOWNHOUSE AND ZERO LOT LINE PROJECTS Site Plan Revision to site plan (1st revision no charge) 315.00 Size of Property (Residential) $210.00 per 10 acres or portion thereof No. of Units (Other than Residential) $105.00 per 15 units or portion thereof 6% Concurrency Fee Total 630.00 34 RESOLUTION NO. 96-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS AND TO IDENTIFY A LONG-TERM FUNDING SOURCE; PROVIDING FOR TRANSMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida's beaches are an important part of the quality of life of this community providing aesthetic, environmental, hurricane mitigation, and other recreational benefits for our residents and tourists; and WHEREAS, beaches continue to be Florida's number one tourist attraction and thus are vital to the state's economic well-being -- generating over $9 billion in beach -related sales annually and contributing to a ripple effect to the Florida economy of over $16 billion; and WHEREAS, the Village of Key Biscayne recognizes that severe beach erosion continues to be a major problem in Florida with coastal development threatening this important natural resource; and WHEREAS, federal funding for beach and inlet projects is declining resulting in delays in implementing need erosion projects and placing a burden on state and local sources; and WHEREAS, since navigation inlets cause some eighty percent of beach erosion in Florida, the most cost-effective way to reduce erosion is to recapture sand from inlets and place it on the eroded downdrift beaches; and WHEREAS, as a matter of long-standing policy, the Legislature of the State of Florida has given priority to funding those beach and inlet projects which have substantial federal matching funds; and WHEREAS, the legislature has historically demonstrated a commitment to the preservation of Florida's beaches and now must recognize the critical environmental and economic need to maintain our repair the state's beaches with or without the financial assistance of the federal government; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council requests that the Legislature of the State of Florida provide adequate annual funding to carry out a state-wide comprehensive beach management program to protect Florida's beaches and repair those that are severely damaged and further that the legislature consider the Department of Environmental Protection's 1996-1997 budget request of $36.8 million. Section 2. That the Village Clerk is hereby directed to transmit a copy of this resolution to the appropriate state officials. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of April, 1996. YOR JOHN F. FESTA ATTEST GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-8 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING STATEWIDE MUTUAL AID AGREEMENT AND MODIFICATION NUMBER 1 TO SAID STATEWIDE MUTUAL AID AGREEMENT, PROVIDING FOR MUTUAL AID IN DISASTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dade County Office of Emergency Management has requested that the Village of Key Biscayne approve and enter into the Statewide Mutual Aid Agreement and Modification Number 1 to such Agreement; and WHEREAS, approval of the attached Statewide Mutual Aid Agreement and Modification Number 1 to Statewide Mutual Aid Agreement are in the best interests of the Village of Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The attached Statewide Mutual Aid Agreement and Modification Number 1 to Statewide Mutual Aid Agreement are hereby approved, and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute such Agreement and Modification on behalf of the Village of Key Biscayne. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of April, 1996. OR JOHN F. FESTA ATTE GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 41.4 RICHARD J. WEISS, VILLAGE ATTORNEY April t 27. 1494 STATlxsDE '2UTU1L AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL SUBDIVISION OF lid&A STATE THAT ExEeun.S AND ADOPTS THE TERMS AND CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS: WHEREAS, the State Emergency Management Act, Chapter 252; Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, _rivileges, and immunities of political subdivisions. of the state rendering outside aid; and WHEREAS, Chapter 252, Florida Statutes, authorizes the State to enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state any real or personal property of the state government or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state; and WHEREAS, Chapter 252, Florida Statutes, authorizes the governing body of each Political subdivision of the state to enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political ,prst zr_ 1946 subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed, and to otherwise do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of"the area or upon the request of any recognized and accredited relief agency through such duly constituted authority; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to call to duty and otherwise provide, within or without the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergencies; and WHEREAS, Chapter 252, Florida Statutes, requires that each municipality must coordinate requests for state or federal emergency response assistance with its county; and Hir.REAS, the State of Florida is geographically vulnerable to hurricanes, tornadoes, freshwater flooding, sinkhole April 27. 1994 formations, and other natural disasters that in the past have caused severe disruption of essential human services and severe property damage to public roads, utilities, buildings, parks, and other goverment owned facilities; and , the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens -of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, each Participating Government, intends to foster communications between the personnel of the other Participating Government by visits, compilation of asset inventories, exchange of information and development of plans and procedures to implement this Agreement; NOW, THEREFORE, the Parties hereto agree as follows: SECTION 1. DEFINITIONS A. "AGBEZXWT" — the Statewide Mutual Aid Agreement -for Emergency Response/Recovery. Political subdivisions of the State of Florida may become a party to this Agreement by executing a copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida Division of Emergency Management._ Copies of the agreement with original signatures and copies of authorizing resolutions and April 27. 19u `a4 insurance letters shall be filed and maintained at the Division headquarters in Tallahassee, Florida. B. "REQUESTING PARTY" - the participating government entity requesting aid in the event of an emergency. Each municipality must coordinate requests for state or federal emergency response assistance through its county. . C. "ASSISTING PARTY" - the participating government..antity furnishing equipment, services and/or manpower to the Requesting Party. D. "AUTEORIZED REPRESENTATIVE" - an employee of a participating government authorized in writing by? that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be attached as Appendix A to the executed copy of the;Agreement supplied to the Division, and shall be updated as needed by each participating government. E. "DIVISION" - the State of Florida, Depart.Luent of Community Affairs, Division of Emergency Management. a, rrEMERGENCY}+ - any occurrence, or threat thereof, whether natural, or caused by .man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. /writ 27, 1994 G. "DISASTER" - any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, Governor, or the President of the United States. E. "PARTICIPATING GOVERNMENT" - the State of Florida and any political subdivision of the State of Florida which executes this mutual aid agreement and supplies a complete executed -copy to the Division. I. "PERIOD OF ASSISTANCE" - the period of time beginning with the departure of any personnel of the Assisting Party from any point for the purpose of traveling to the Requesting Party in order to provide assistance and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel of the Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at or return from the Requesting Party. J. "WORK OR WORK -RELATED PERIOD" - any period of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and for which the requesting Party will reimburse the Assisting 5 April 27, 1994 Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting Party will return to active work within a reasonable time. Specifically excluded from such period of time are breakfast, lunch, and dinner breaks. K SECTION 2. PROCEDURES When a participating government either becomes affected by, or is under imminent threat of, an emergency or disaster -,-4t may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting a copy of that declaration to the Assisting Party, or to the Division, or (ii) by orally communicating a request for mutual aid assistance to Assisting Party or to the Division, followed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by Participating Governments unless resources available within the stricken area are deemed inadequate by the Local Emergency Management Agency. All requests for mutual aid shall be transmitted by the Authorized Representative or the Director of the Local Emergency Management Agency. Requests for assistance may be communicated either to the Division or directly to an Assisting Party. Requests for assistance under this Agreement shall be limited to catastrophic disasters, except where the Participating Government has no other mutual aid agreement based upon Section 252.40 or 163.01, Florida 6 /Writ 27, 7994 Statutes, in which case a Participating Government may request assistance -pursuant to the provisions of this agreement. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the authorized representative of the Assisting Party and shall provide them with the information in paragraph C below. All communications shall be conducted directly between the Requesting and Assisting Party. Each arty shall be responsible for keeping the Division advised of the status of the response activities. The Division shall not be responsible for costs associated with such direct requests for assistance.' However, the Division may provide, by rule, for re4nhursement of eligible expenses from the Emergency Management Preparedness and Assistance Trust Fund created under Section 252.373, Florida Statutes. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, TEE DIVISION: The Requesting Party may directly contact the Division, in which case it shall provide the Division with the information in paragraph C below. The Division may "then contact other Participating.Governments on behalf of the Requesting Party and coordinate the provision of mutual aid. The Division shall not be responsible for costs associated with such indirect requests for assistance, unless the Division so indicates in writing at the tie it transmits the re test to the Assisting Party In no event shall the Division or the State of Florida be 7 April 27. 1994 responsible for costs associated with assistance in the absence of appropriated funds. In all cases, the party receiving the mutual aid shall be primarily responsible for the costs incurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. C. REQUIRED INFORMATION: Each request for assistance shall be accompanied by the following information, to theltent known: 1. A general description of the damage sustained; 2.. Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency Medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed; 3. Identification of the public infrastructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed; 4. The amount and type of personnel, eauipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; April 27. 1944 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief -centers or staging areas for incoming emergency goods and services; and 6. A specific time and place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit B, or by any other available means. The Division may revise the format of Exhibit B subsequent to the execution of this agreement, in which case it shall distribute coipies to all participating governments. D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party or the Division the authorized representatives of any participating government agree to assess their government's situation to determine available perrsonnel, equipment and other resources. All participating governments shall render assistance to the extent personnel, equipment and resources are available. Each participating government agrees to render assistance in accordance with the terms of this Agreement to the fullest extent possi=ble.* When the authorized representative determines that his Participating Government has available personnel, equipment or other resources, they shall so notify the Requesting Party or the *Provided, however, that the failure to render such assistance shall not create any liability to any third party in contract, tort or otherwise. 9 Agri[ 27, 1994 Division, whichever communicated the request, and provide the information below. The Division shall, upon response from sufficient participating parties to meet the needs of the Reauesting Party, notify the authorized representative of the Requesting Party and provide them with the following information, to the extent known: 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2. The estimated length of time the personnel, equipment, and materials will be available; 3. The areas of experience and abilities.of the personnel and the capability of the equipment to be furnished; 4. The name of the person or persons to be designated as supervisory personnel; and 5. The estimated time when the assistance provided will arrive at the location designated by the authorized representative of the Reauesting Party. E. SUPERVISION AND CONTROL: The personnel, equipment and resources of any Assisting Party shall remain under operational control of the Reauesting Party for the area in which they are serving. Direct supervision and control of said personnel, equipment and resources shall remain with the designated _ supervisory personnel of the Assisting Par'`v. Representatives of the Reauesting Party shall provide work tasks to the supervisory 10 Aarit 27, 11994 personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the responsibility and authority for assigning work and establishing work schedules for the personnel of the Assisting Party, based on task or mission assignments provided by the Requesting Party and the Division. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, mater records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to.the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided.. F. FOOD; HOUSING; SELF-SUFFICIENCY unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the tine of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the 11 April 27, 7944 F'4 greatest extent possible, self-sufficient for operations in areas stricken by emergencies or disasters. The Requesting Party may specify only self-sufficient personnel and resources in•its request for assistance. G. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. H. RIGHTS AND. PRIVILEGES Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and itmunities, and shall receive the compensation, incidental to their employment. - I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall complete' a written acknowledgment regarding the assistance to be - rendered, setting forth the information transmitted in the request, and shall transmit it by the quickest practical means to the Assisting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Attachment C. The Assisting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the 12 April 27. 1994. Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the written acknowledgment executed in accordance with paragraph 2.I. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. A. PERsoNNEL - During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall. reimburse the Assisting Party for all direct and indirect payroll costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. While providing services to the Requesting Party, employees of the Assisting Party shall be considered "borrow servants" of the April 27. 1994 Requesting Party and shall be considered in the "dual employment" with the Requesting and Assisting Parties, subject to the supervision and control of both for purposes of Chapter 440, Florida Statutes. While the Requesting Party shall reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, the Division, and both the Reauesting and -- Assisting Party shall enjoy immunity from civil prosecution as provided for in the Florida Workers' Compensation Act. 3. EQUIPHENT - The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre -established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228. The Assisting Party shall pay for all repairs to its equipment as determined necessary by its on -site supervisors) to maintain such equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. The total equipment charges to the Requesting Party shall be reduced by the total value of -the fuels, supplies, and repairs furnished by the 14 April 27. 1994 • Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established in 3.B. above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Assisting Party's personnel. The Assisting Party's Personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by -them during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Division. D. RECORD KEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or the Division using format used or required by FEMA publications, including 44 CFR part 13 and applicable Office of Management and Budget Circulars. Requesting Party and Division - 15 April 27< 19fl finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. E. PAYMENT - Unless otherwise mutually agreed in the written acknowledgement executed in accordance with paragraph 2.1. or a subsequent written addendum to the acknowledgement, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized Notice as soon as --- practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 CFR part 206. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following the billing date. These timeframes may be modified by mutual agreement. This shall not preclude an Assisting Party or Requesting Party from assuming or donating, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided to a Requesting Party. F. PAYMENT BY OR THROUGH THE DIVISION: The Division of Emergency Management may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to the request of the DiviSion, to the extent of funds available, and contingent upon an annual appropriation from the Legislature for such purposes. The Assisting Party 16 April 27, 1994 shall be responsible for making written reauest to the Division for reimbursement of travel and subsistence expenses, prior to submitting a request for payment to the Requesting Party. The Assisting Party's written reauest should be submitted as soon as possible after expiration of the period of assistance. The Division shall provide a written response to said requests within ten (10) days of actual receipt. If the Division denies --said request, the Assisting Party shall then bill the Requesting Party. In the event that an affected jurisdiction requests assistance without forwarding said request through the Division, or'an assisting party provides assistance without having been requested by the Division to do so, the Division shall not be liable for reimbursement of any of the cost(s) of assistance. The Division may serve as the eligible entity for requesting reimbursement of eligible costs from FMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Division may authorize applications for reimbursement of eligible costs from the undeclared disaster portion of the Emergency Management Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, in the event that the disaster or emergency event is not declared purssuant to the Robert T. Stafford Disaster Relief and nergencv Assistance Act, Public Taw 93-288, as amended by Public Law 100-707. Such applications 17 &writ 27, 1994 shall be evaluated pursuant to rules established by the Division, and may be funded only to the -extent of available funds. SECTION SECTION 4. INSURANCE Each participating government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. If a participating government is insured, its file shall contain a letter from its insurance carrier authorizing it to provide and receive assistance under this Agreement, and indicating that there will be no lapse in its insurance coverage either on employees, vehicles, or liability. If a participating government is self -insured, its file shall contain a copy of a resolution authorizing its self-insurance program. A copy of the insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Division. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this agreement. The amount of reimbursement from the Division or the Requesting Party shall be reduced by the amount of any insurance proceeds to which the Assissting Party is entitled as a result of fosses experienced in rendering assistance cursuant to this Agreement. SECTION 5. LIAEILImv 18 April 27. 1994 To the extent permitted by law, and without waiving • sovereign immunity, responsible for any damages, and causes each Party to this Agreement shall be and all claims, demands, suits, actions, of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. SECTION 6. LENGTH OF TIME FOR EMERGENCY The duration of such state.of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 7 day increments. SECTION 7. TERM This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed in_successive one (1) year terms unless terminated in writing by the participating government. Notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Parties. SECTION 8. EFFECTIVE DATE CF THIS AGREEMENT This Agreement shall be in full force and effect upon approval by tte participating goverment and upon proper execution hereof. 19 April 27, 1994 SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The responsibilities the Division of Emergency'Management, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of a participating government, under the circumstances identified in this Agreement; (2) coordinate the provision of.mutual aid to a requesting party, Pursuant to the provisions of this Agreement; (3) serve as the eligible entity for requesting reimbursement of eligible costs from FEMA, upon a Presidential disaster declaration; (4) serve as central depository for executed Agreements; and (5) maintain a ctrrent listing of Participating Governments with their Authorized Representative and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, Florida Statutes, or interlocal agreements, pursuant to Section 20 April 27, 1994. 163.01, Florida Statutes, those parties agree that said agreements are superseded by this agreement only for emergency management assistance and activities performed in catastrophic emergencies pursuant to this agreement. In the event that two or more parties to this agreement have not entered into mutual aid agreement, and the parties wish to engage aid, then the terms and conditions of this agreement unless otherwise agreed between those parties. another in mutual shait-apply 21 IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF OF (County) FLORIDA By: By: Deputy Cleric Chairman APPROVED AS TO FORM: Office of the County Attorney By: EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN Dade , COUNTY (attach authorizing resolution or ordinance and insurance letter or resolution for a ') Village of Key Biscayne Political Subdivision Political Subdivision Political Subdivision Political Subdivision Political Subdivision political Subdivision Political Subdivision , by , by , by , by , by , by , by April 12, 1996 Authorized Office -1 Date Authorized Official Date Authorized Official Date Authorized Official Date Authorized Official Date Authorized Official Date Authorized Official Date ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT Bv: Director Petit . 27. 1946 MUTUAL AID AGREEMENT FOR EMERGENCY RESPONSE/RECOVERY APPENDIX A Date: April 12, 1996 Name of Government: Village of Key Biscayne Mailing Address: 85 West McIntyre Street City, State, Zip: Key Biscayne, FL 33149 Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: John F. Festa Title: Mayor Address: 85 West McIntyre Street, Key Biscayne, FL 33149 Day Phone: (305) 365-5514 Night Phone: (305) 361-3043 FAX No.: (305) 365-8936 1st Alternate Representative Name: C. Samuel Kissinger Title: Village Manager Address: 85 West McIntyre Street. Kev Biscayne, FL 33149 Day Phone: (305) 365-5514 Night Phone: (305) 365-9651 2nd Alternate Representative Name: Michael J. Flaherty Title: Emergency Services Director and Chief of Police Address: 85 West Enid Drive, Key Biscayne, FL 33149 Day Phone:(305) 365-5555 Night Phone: 23 April 27, 1994 - i \ REQUIRED INFORMATION Each request for assistance shall be accompanied by the following information; to the extent known: 1. General description of the damage sustained: 2.' Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information - assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 24 April 27, 1994 REQUIRED INFORMATION (continued) 3. Identification of the public infrastructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed: 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed: The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and services: 25 April 27. 1994 REQUIRED INFORMATION (continued) 5. A specific time and place for a representative of the Requesting Party to meet the personnel and eguipment.of any Assisting Party. 26 Aarit 27. 1994 -c2 AC.TUIOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY: AUTHORIZED REPRESENTATIVE: CONTACT NUMBER/PROCEDURES: 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: 3. Time Limitations, if any: October 21, 1994 MODIFICATION #1 TO STAlbwsDE MUTUAL AID AGREEMENT WHEREAS, the undersigned County/Municipality (strike one), along with the Department of Community Affairs, Division of Emergency Management (DEM) and various other counties and munici- palities in the State of Florida, has entered into the Statewide Mutual Aid Agreement for Catastrophic Response and Recovery (the Agreement); and WHEREAS, the parties to the Agreement are desirous of amending the Agreement, to revise provisions regarding the handling of workers' compensation claims and to. clarify and correct certain other terms and conditions; NOW, THEREFORE, the undersigned signatories agree: 1. The title of the Agreement is revised to read "State- wide Mutual Aid Agreement." 2. The introductory paragraph is revised to read: "THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, AND. BY AND AMONG EACH COUNTY AND MUNICI- PALITY THAT EXEeuTnS AND ADOPTS THE TERMS AND CONDITIONS CON- TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:". 3. The first sentence of SECTION 1. DEFINITIONS, paragraph A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid Agreement." The remainder of that paragraph is unchanged. 4. SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED REPRESENTATIVE" is revised to read: "An employee of a participat- October 21, 1994 ing government authorized in writing by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be attached hereto as 'Exhibit A,' and shall be updated as needed by each participating government." 5. SECTION 1. DEFINITIONS, paragraph H. "PARTICIPATING GOVERNMENT* is revised to read: "The State of Florida, any county which executes this Agreement and supplies a complete, executed copy to the Division, and any municipality which executes this Agreement and supplies a complete, executed copy to the Divi- sion." 6. A new paragraph K. is added to SECTION 1. DEFINITIONS, to read as follows: "K. 'MAJOR DISASTER'- a disaster that will likely exceed local= capabilities and require a broad range of state and federal assistance." 7. The initial, unnumbered, paragraph of SECTION 2. PROCEDURES, is revised to read: When a Participating Government either becomes affected by, or is under imminent threat of, a major disaster, it may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting a copy of that declaration - to the Assisting Party, or to the Division, or (ii) by orally communicating a request for mutual aid assis- 2 October 21, 1994 tance to the Assisting Party or to the Division, fol- lowed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by any Participating Government unless resources available within the stricken area are deemed inadequate by that Participating Government. Municipalities shall coordi- nate requests for state or federal assistance with their County Emergency Management Agencies. All re- quests for mutual aid shall be transmitted by the Authorized Representative or the Director of the Local Emergency Management Agency. Requests for assistance may be communicated either to the Division or directly to an Assisting Party. Requests for assistance under this Agreement shall be limited to major disasters, except where the Participating Government has no other mutual aid agreement for the provision of assistance related to emergencies or disasters, in which case a Participating Government may request assistance related to any disaster or emergency, pursuant to the provi- sions of this Agreement. 8. SECTION 2. PROCEDURES, paragraph C. REQUIRED INFORNA TION, subparagraph, 6 is revised to read: 6. An estimated time and a specific place for a representative of the Requesting Party to meet the 3 October 21, 1994 personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit "B," or by any other available means. The Division may revise the format of Exhibit "B" subsequent to the execution of this agreement, in which case it shall distribute copies to all Partici- pating Governments. 9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACENOWIes EDGEXENT, is revised to read: I. WRITTEN ACEhONLEDGENENT- The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- tion transmitted in the request, and shall transmit it by the quickest practical means to the Requesting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Exhibit C. The Requesting Party/Division shall respond to the written acknowledgement by executing and return- ing a copy to the Assisting Party by the quickest practical means, maintaining a copy for its files. 10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON- NEL, is revised to read: A. PERSONNEL - During the period of assistance, 4 October. 21, 1994 the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses) incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). However, the Requesting Party shall not be responsible for reimbursing any amounts paid or due as benefits to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. Both the RequestingsParty and the Assisting Party shall be responsible for payment of such benefits only to their own employees. 11. SECTION 7. TERM, is revised to read: This Agreement shall be in effect for one (1) year from the date hereof and shall be renewed in successive one (1) year terms unless terminated upon sixty (60) days advance written notice by the Participating Gov ernment. Notice of such termination shall be made in writing and shall be served personally or by registered 5 mail upon the Director, Division of Emergency Manage- ment, Florida Department of Community Affairs, Talla- hassee, Florida, which shall provide copies to all other Participating Governments. Notice of termination shall not relieve the withdrawing Participating Govern- ment from obligations incurred hereunder prior to the effective date of the withdrawal and shall not be effective until sixty (60) days after notice thereof has been sent by the Director, Division of Emergency Management, Department of Community Affairs to all other Participating Governments. 12. SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS, is revised to read: Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, Florida Statutes, or interlocai agreements, pursuant to Section 163.01, Florida Stat- utes, those parties agree that said agreements are 6 superseded by this agreement only for emergency manage- ment assistance and activities performed in major disasters, pursuant to this agreement. In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this agreement shall apply unless otherwise agreed between those parties. 13. The document attached to the Agreement and formerly labeled "APPENDIX A," is revised to be titled *EXHIBIT An as indicated in the attached EXHIBIT A. The document attached to the Agreement entitled "REQUIRED INFORMATION" is revised to be titled "EXHIBIT B" as indicated in the attached "EXHIBIT B." The -document attached to the Agreement and entitled "ACKNOWLEDGMENT" is revised to be titled "EXHIBIT C" as indicated in the attached *EXHIBIT C. 14. This Modification shall become effective only as between those counties and municipalities, and the State of Florida, when they have actually executed a copy of the MODIFICA- TION 11 TO STATtw1DE MUTUAL AID AGREEMENT containing identical terms, and when that copy has been executed by the State of Florida, Division of Emergency Management. 7 IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF OF By: By: Deputy Clerk ATTEST: CITY CLERK FLORIDA (County) FLORIDA Chairman APPROVED AS TO FORM: Office of the County Attorney By: By: 1 �_ Guido H. In anzo, C. Sa Title village jerk rU' �KEYgIr_ Title v} CITY OF Key Biscayne STATE OF` FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT By: Title APPROVED AS TO FORM: Office of City Attorney By: STATEXIDZ MUTUAL AID 3.GRAIDLENT EXHIBIT A Date: April 12, 1996 Name of Goverment: Village of Key Biscayne Mailing Address: 85 West McIntyre Street City, state, zip: Key Biscayne; FL 33149 Authorized Representatives to Contact for Emergency Assistance: primary Representative Name: John F. Festa Title: Mayor Address: 85 West McIntyre Street, Key Biscayne, FL 33149 Day Phone: (305) 365-5514 FAX NO.: (305) 365-8936 Night Phone: (305) 361-3043 ist Alternate Representative Name: C. Samuel Kissinger Title: Village ,Manager Address: 85 West McIntyre Street, Key Biscayne, FL 33149 Day Phone: (305) 365-5514 2nd Alternate Representative • Name: Michael J. Flaherty Night Phone: (305) 365-9651 Title: Emergency Services Director and Chief of Police Address: 85 West Enid Drive, Key Biscayne, FL 33149 Day Phone: (305) 365-5555 Night Phone: EXHIBIT B STATEWIDE MUTUAL LID AGREEMENT REQUIRED INFORMATION Each request for assistance shall be accompanied by the following information, to the extent known: 1. General description of the damage sustained: 2. Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engi- neering, building, inspection, planning and information assis- tance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 10 REQUIRED INFORMATION (continued) 3. Identification of the public infrastructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed: 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed: 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and servic- es: 11 REQUIRED INFORMATION (continued) 6.- An estimated time and specific place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. 12 EXHIBIT C STATEWIDE MUTUAL AID AGREEMENT ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY: AUTHORIZED REPRESENTA'f1VL'': CONTACT NUMBER/PROCEDURES: 3• Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: 3. Time Limitations, if any: 13 RESOLUTION NO. 96-9 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE AMOUNT OF $3,500.00 FROM MILLER & SOLOMON GENERAL CONTRACTORS, INC. AND $1,789.84 FROM MARTIN MARGOLIS FOR THE PURCHASE OF AN EQUIPMENT TRAILER FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, according to state and federal regulations, the various stormwater sewer sites in the Village are considered to be confined space and trenching operations; and WHEREAS, most confined space and trench rescue incidents may result in multiple injuries and/or deaths among workers and rescuers alike; and WHEREAS, the proper training and equipment is essential to an adequate preparation for such incidents; and WHEREAS, the Fire Rescue Department has implemented the necessary training programs for its personnel; and WHEREAS, the Fire Rescue Department is in need of an equipment trailer to provide adequate storage and transportation of its specialized rescue and recovery equipment; and WHEREAS, Miller & Solomon General Contractors Inc. and Mr. Martin Margolis have proposed the donation of $5,289.84 for the purchase of an equipment trailer; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council accepts a donation in the amount of $3,500.00 from Miller & Solomon General Contractors, Inc. and $1,789.84 from Mr. Martin Margolis for the purchase of an equipment trailer for storage and transportation of the Fire Rescue Department's specialized rescue and recovery equipment. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of April, 1996. YOR JOHN F. FESTA ATTEST, GUIDO H. UANZO, JR., CMC, VILLAGE CLERK APPROVE AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECU 1 E AN AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIAMI, FLORIDA, FOR THE OPERATION AND MAINTENANCE OF THE VILLAGE'S STORMWATER SEWER PUMPING STATIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Pollution Elimination Corporation (PELCO), Miami, Florida, for the operation and maintenance of the stormwater sewer pumping stations. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of April, 1996. ATTES OR JOHN F. FESTA GUIDO H. ► GUANZO, JR., CMC, VILLAGE CLERK APPRO AS TO FORM AND LEGAL SUFFICIENCY: grktA-1-PI 424 RICHARD J. WEISS, VILLAGE ATTORNEY 02/13/1996 14: E8 3053798384 PELCO PAGE 03 POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33I97 (305) 251.6720 FAX (305) 378-8384 AGREEMENT This agreement is entered into on this day of 19 between Village of Key Biscayne t hereinafter referred to as "Company", and Pollution Eli►nination Corporation hereinafter referred to as PELCO or "Contrllactor". 1 This agreement contains this page, page two and Exhibit A attached hereto and made a part hereof. The procedyres to be followed ari work to be performed are outlined in the attached Exhibit A. For the sum of $ 504.00 per month, May through October and for the sum of 3 252.00 per month, November through April. Due and payable by the 15th of the following month. Contractor will operate and service the Stormwater Pumping Station located at Ocean Lane & Sunrise Drive • -4 3- This Contract becomes effective upon the execution of this Agreement by the parties hereto and is for a period of b0 year. This Agreement may be terminated by either party providied thirty (30) days advance notice, in writing, is given to the other party. 02/13/1996 14:00 3053788384 PELCO PAGE 04 POLLUTION ELIMINATION CORPORATION PELCO P.O- BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 4. A finance charge will apply if the new balanceIIis unpaid one month from the closing date of the statement. The IFINANCE CHARGES are computed by a periodic rate of 1.5% per month. This rate totals an ANNUAL PERCENTAGE RATE of 18%. This rat will be applied to the unpaid balance after deducting the current payments and/or credits appearing on the statement from the previous balance. This Agreement shall be construed under the laws of the State of Florida and each party to said Agreement warrants to Ithe other that it has ]egal authority to enter into said Agreement.. (2) 92!13x1996 14:00 3953788384 PELCO PAGE 05 DATED this ATTEST: POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 day of , 19 . CONTRACTOR: POLLUTION ELIMINATION CORPORATION d/b/a/ PELCO By Ben In T. Barlow, Asst. Secretary Witness: as F. Barlow, Pre$ident Company: By (3) 02113/1996 14:00 3653788384 PELCO PAGE 06 and operated by Pollution hereby referred to as the A. SCOPE. POLLUTION ELIMINATION CORPORATION PELCO P.O. 80X 970529 MIAMI, R.ORIOA 33197 (305) 251.6720 FAX (305) 378.8384 EXHIBIT A For the operation and maintenance of the Stormwater Pumkaing Stations owned by Village of Key_Eiscayne and 1pcated at Ocean La. & Sunrise Dr• hereby referred to as the "Company", Elimination Corporation, d/b/a/ PELCO, "Contractor". 1 Once a week visit to check pump station operat the months of May through October, (wet season ion during ). 2. Bi--monthly visit to check pump station operatin during the months of November through April, (dry season). 3. Check the level controls. 4 Log the hour meters. 5. Periodic logging of amperage. 6 Anrual spraying of controls to protect against corrosion. 7 Verify pumps operate on manual and automatic. B. WORK NOT REQUIRED 1 Furnishing of power shall be by the Company. 2 It is not intended that any stand-by power or pumping equipment by supplied except when agreed to by both parties. 02/13/1595 14:00 3053789384 FELCO PAGE 07 POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI. FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 C. WORK REQUIRED 1 It is the intention that during periods of special operations, breakdowns or emergencies the Contrfactor will provide operators at the rate of $42.00 per hour per man and truck, $63.00 per hour when two (2) operators are required and will be known as the daytime rates. After 5:IioPM, Saturday, Sunday, or Holidays the rate! will be $63.00 per man and truck, $94.50 per hour when! two (2) vpeLaLors are required and will be known as they nighttime or weekend rates. 2. It is the intention that during periods of breiakdowns or emergencies the Contractor can, if necessary, Provide vacuum tank service at the rate of $105.00 per! hour per truck daytime and $157.50 per hour per truck after 5:OOPM Saturday, Sunday, or Holidays. 3. It Is intended that the Contractor will have or;obtain the necessary equipment for removal of the pumps up to the limit of Contractor's equipment. 4 It is intended that the actual cost of equipment or repairs furnished by others be reimbursed to the Contractor at cost plus 15% based on evidence of actual cost to Contractor. • 5. IC is intended that during times of ewergenci©0 01 breakdowns the Contractor can, if necessary, povide Vac -Con truck service at the rate of 5130.00 pe hour with a three hour minimum known as daytime rates. Aflter 5:00PM Saturday, Sunday, or Holidays the Vac -Con rate Is 5195.00 pet flour. 6. It is intended that the trash/debris collected! box be cleaned on a semi-annual basis.. Vacuum truck Service is to be provided at the rate of $.114 per gallonl'I. These charges include hauling charges, Dump fees and OEM fees. These cleanings will be before the wet season and at the end of the wet season. RESOLUTION NO. 96-11 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO ENACT LEGISLATION PERMITTING LOCAL MUNICIPALITIES TO ALLOW USAGE OF GOLF CARTS ON VILLAGE STREETS UNDER CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, State law currently appears to prohibit the use of golf carts on municipal streets; and WHEREAS, the Village has been made aware of certain circumstances where the use of golf carts would be beneficial to its citizens in general and to those disabled citizens in particular; and WIIEREAS, this Village believes in and urges the Legislature to allow for municipal home rule; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That this Council urges the Florida Legislature to amend Section 316.212, Florida Statutes, to pewit local governments to allow golf carts to be used on municipal streets under certain conditions. Section 2. That a copy of this resolution shall be transmitted to the Florida Senate and Florida House of Representatives by the Village Clerk. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I'ED this 23rd day of April, 1996. ATT GUIDO H. IMUANZO, JR., CMC, VILLAGE CLERK APPROVED /A^STO FORM AND LEGAL SUFFICIENCY: t —d' y RICHARD J. WEISS, VILLAGE ATTORNEY tie Village Council John F. Festa, Mayor John Wald, ViceMayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Clerk Guido H. Inguanzo, Jr. The Honorable Bruno Barreiro Florida House of Representatives House Office Building Tallahassee, Florida 32399-1400 Dear Representative Barreiro: Office of the Village Clerk April 25, 1996 Enclosed please find a copy of Resolution 96-11 adopted by the Key Biscayne Village Council on April 23, 1996. Enclosure Sine Guido H. guano, Jr., CMC Village Jerk 85 West McIntyre Street • Key Biscayne, Florida 33149.• (305) 365-5506 • Fax: (305) 365-8936 • Internet;hap://vkb.key-biscayne.fl.us MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL. ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor John Wald, ViceMayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Gent Guido H. Inguanzo, Jr. The Honorable Peter Wallace Florida House of Representatives House Office Building Tallahassee, Florida 32399-1400 Dear Speaker Wallace: Office of the Village Clerk April25, 1996 Enclosed please find a copy of Resolution 96-11 adopted by the Key Biscayne Village Council on April 23, 1996. Enclosure Sine Guido H. guano, Jr., CMC Village Jerk 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax: (305) 365-8936 • Internet: http://vkb.key-biscayne.B.us MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." Village Council John F. Festa, Mayor John Waid, Vice Mayor Rauh Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Clerk Guido H. Inglanzo, Jr. The Honorable James Scott The Florida Senate Senate Office Building Tallahassee, Florida 32399-1100 Dear President Scott: Office of the Village Clerk April 25, 1996 Enclosed please find a copy of Resolution 96-11 adopted by the Key Biscayne Village Council on April 23, 1996. Sincer Guido H. I l( uanzo, Jr., CMC Village Clerk Enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax: (305) 365-8936 • Internet: http://vkb.key-biscayne.fl.us MISSION STATEMENT TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village aerk Guido H. Inguanzo, Jr. The Honorable Ronald A. Silver The Florida Senate Senate Office Building Tallahassee, Florida 32399-1100 Dear Senator Silver: Office of the Village Clerk April 25, 1996 Enclosed please find a copy of Resolution 96-11 adopted by the Key Biscayne Village Council on April 23, 1996. Guido H Inguan7o, Jr., CMC Village C erk Enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax: (305) 365-8936 • Internet:http://vkb-key-biscayne.fl.us MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." RESOLUTION NO. 96-12 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 12 THROUGH MAY 18, 1996 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of May 12 through May 18, 1996 has been established as National Police Week as a time for the nation to honor those police officers and their families who have paid for our safety with their own lives; and WHEREAS, the National Law Enforcement Memorial in Washington D.C. contains the names of 13,500 federal, state and local law enforcement officers who have been killed in the line of duty since 1794; and WHEREAS, on average, one law enforcement officer is killed in America every other day, 65,000 officers are assaulted and 23,000 are injured annually; and WHEREAS, some 75,000 sworn officers put their lives on the line for our protection each an every day; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That in recognition of the sacrifice of police officers who have given their lives to protect the public and the impact of this sacrifice on their families, the Village Council hereby recognizes May 12 through May 18, 1996 as National Police Week and pays tribute to the courageous deeds and valor of law enforcement officers. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of Mav, 1996. a ATTE iYOR JOHN F. FESTA UIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROV ► • 5 TO FORM AND LEGAL SUFFICIENCY: rr RICH2 J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING ACCESS FOR THE VILLAGE AND PUBLIC FROM EAST. HEATHER DRIVE TO THE PUBLIC BEACH ABUTTING THE ATLANTIC OCEAN; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in connection with the development of the Grand Bay Resort and Residences project, AWL Key Associates wishes to grant an easement to the Village for the purpose of providing access for the Village and public from East Heather Drive to the public beach abutting the Atlantic Ocean, as set forth in the Grant of Easement attached to this Resolution; and WHEREAS, the Village wishes to accept the Grant of Easement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Grant of Easement is hereby accepted by the Village. Section 2. That the Village Manager is hereby authorized to execute the Grant of Easement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Grant of Easement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. ATTEST: F. FESTA, MAYOR DO H. ING ANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: RICHA WEISS, VILLAGE ATTORNEY -2- This instrument prepared by, and after recording return to: Name: Gary A. Saul, Esq. Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, PA. 1221 Brickell Avenue Miami, Florida 33131-3261 (Space reserved for clerk of Court). GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: AWL KEY ASSOCIATES, a Florida general partnership ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to Grantor by the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation ("Grantee"), the mailing address of which is 85 W. McIntyre Street, Key Biscayne, Florida 33149, hereby grants, conveys, bargains and sells to Grantee, or its Permitted Successor (as defined in Paragraph 8 hereof), for the use of public generally and such persons as shall from time to time be designated by Grantee, a permanent, irrevocable non-exclusive easement, for the purposes herein expressed, over and across that certain parcel of real property (the "Easement Parcel") situated in Dade County, Florida and more particularly described in Exhibit "A" annexed hereto and hereby made a part hereof. TO HAVE AND TO HOLD the easement hereby granted unto Grantee, and its Permitted Successor, upon and subject to the following terms, conditions and reservations: 1. The easement hereby granted shall be for the sole purposes of providing to the public generally, to the owners from time to time of Tract E in Grand Bay Resort and Residences according to the Plat thereof recorded in Plat Book 147, Page 23 of the Public Records of Dade County, Florida (as same may be replatted from time to time, the "Plat") and to Grantee, its invitees, agents, employees, guests, lessees and licensees, including, without limitation, Grantor, its officers, employees, agents and contractors, a non-exclusive way of passage, and access to, and reasonable use of, the Easement Parcel for pedestrian access from East Heather Drive to the public beach abutting the Atlantic Ocean. 2. Grantee, or its Permitt=;d agrees t a ! a, make t .:e >or icable, -. 1a for use by the public generally, (b) shall restrict the use thereof to the permitted use set forth in paragraph 1 above, (c) shall not, except to the extent permitted by paragraph 7 below, construct or permit to be constructed upon the Easement Parcel any buildings, structures or other improvements, and (d) notwithstanding any initial construction obligations of Grantor as set forth in paragraph 6 below, shall, at Grantee's sole cost and expense, restore, maintain and repair, the Easement Parcel in a first class condition comparable to the remainder of Grantor's property; and Grantor, its successors and assigns, shall have no restoration, maintenance, repair or replacement obligations with respect to the Easement Parcel, except as set forth in paragraph 4 below. 3. To the fullest extent permitted by applicable law, Grantee, and its Permitted Successor, shall indemnify and hold harmless Grantor, its successors and assigns, from and against any and all costs, expenses, losses, claims or damages, including without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal, relating to death of or injury to persons, or loss of or damage to property, and resulting from, arising out of, or incurred in connection with, use of the Easement Parcel by the public generally or by Grantee, or its. Permitted Successor and their respective invitees, agents, employees, guests, lessees or licensees in connection with the easement herein granted or the use of the Easement Parcel; provided, however, that in no event shall Grantee be obligated in respect of third party claims for amounts in excess of those limits to waiver of sovereign immunity provided for under Florida Statute 768.28 (or any successor statute thereto) or in respect of claims resulting from the intentional or negligent acts of Grantor, its officers, invitees, employees, agents or contractors. 4. Grantor reserves unto itself, its successors and assigns, the perpetual right and privilege of: (a) Unrestricted access to, over, across and in the Easement Parcel for purposes consistent with the use of the Easement Parcel as contemplated in this Grant of Easement and provided such uses do not materially interfere with the continuous use of the Easement Parcel as permitted herein by Grantee, or its Permitted Successor and its invitees, agents, employees, guests, lessees and licensees; and (b) Using and occupying, and granting to others the right to use and occupy: (i) Subject to the provisions of Paragraph 5 hereof, the subsurface of the Easement Parcel for any utility or drainage installations or other uses or purposes which do not materially interfere with the non-exclusive rights herein granted to Grantee, or its Permitted Successor and its authorized invitees, agents, employees, guests, lessees and licensees, including, without limitation, the right to construct, install, maintain and operate therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and drainage fixtures, related equipment and facilities and the foundation and footings of and/or anchors for adjacent improvements; and (ii) The use and occupancy reserved herein shall include the right (but not the obligation) to reconstruct, decorate or otherwise enhance the appearance of any landscaping and site improvements located on the Easement Parcel at any time and from time to time, at Grantor's, its successors' and assigns', cost and expense, provided such construction, decorations and enhancements are reasonably acceptable to Grantee. Grantor, its successors and assigns, shall, at its cost and expense, maintain and repair any of the items it shall construct or install or direct to be constucted or installed by third parties on or under the Easement Parcel pursuant to the provisions of this paragraph 4 as well as restore any of the improvements so constructed on the Easement Parcel to their original condition in the event such are removed or damaged during construction; provided, however, that notwithstanding anything herein contained to the contrary, this paragraph 4 shall not be construed or deemed to relieve Grantee, or its Permitted Successor, as applicable, of its obligations to restore, repair and maintain the Easement Parcel strictly in accordance with the provisions of this Grant of Easement. 5. The parties agree that in connection with each of their respective rights to install and maintain utilities in the subsurface of the Easement Parcel, each party (a) shall notify the other of its intention to install, repair or otherwise maintain such utilities and/or improvements, (b) shall cooperate fully with the other party and take such steps as may be necessary to insure that any such installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing utilities, (c) shall, to the extent feasible, integrate any proposed installation, maintenance or repair with any proposed work of a similar nature by the other party, and (d) shall not unreasonably interfere with the use of the Easement Parcel by the other party as permitted under this Grant of Easement. 6. Grantor, or its successors or assigns, shall, at Grantor's sole cost and expense, construct, or cause to be constructed, upon the Easement Parcel the following improvements: a five foot (5') wide asphalt pavement surface aligned against the southern edge of the Easement Parcel, and, upon the balance of the Easement Parcel, such landscaping as is reasonably in accordance with landscaping on other similar rights of way maintained by Grantee. Along the southern edge of the Easement Parcel, a six foot (6') high chain link fence shall be installed running the entire length of the Easement Parcel, and upon the northern edge of the Easement Parcel, a six foot (6') high chain link fence shall be installed running from the current easternmost edge of East Heather Drive to the easternmost point of the Easement Parcel. The grade of the Easement Parcel will be made to follow the current grading of the balance of Tract D of the Plat. Grantee shall, within ten (10) business days following request therefor by Grantor, confirm in writing, in an instrument provided by Grantor and reasonably acceptable to Grantee, which may be recorded among the Public Records of Dade County, Florida, Grantor's completion of Grantor's improvement obligations set forth in this paragraph 6 (a "Completion Notice"), and upon the recordation of any such Completion Notice, all persons shall be deemed to be able to conclusively rely thereon that the obligations of Grantor under this paragraph 6 have been fully complied with in accordance with the terms hereof. 7. Grantor acknowledges and agrees that Grantee has caused to be constructed on East Heather Drive a pump station which encroaches onto the Easement Parcel by approximately thirty one - one hundredths of a foot (0.31'), as depicted on the sketch of survey attached hereto and made a part hereof as Exhibit "B". Grantee does hereby demise and release unto Grantor any and all right, title or interest which Grantee may now or hereafter acquire in and to the portion of the Easement Parcel upon which the encroachment is maintained. Grantor hereby grants an exclusive easement to Grantee for the maintenance of the encroachment on the portion of the Easement Parcel currently encumbered by the encroachment for so long as the encroachment shall exist and Grantor agrees that Grantee shall not be required to remove the encroachment so long as the existing encroachment remains. 8. This Grant of Easement shall inure to the benefit of and be binding upon Grantor, and its successors and assigns; except that Grantor or such successor or assignee, as the case may be, shall be released of all future obligations hereunder upon conveyance of its interest in the property encumbered hereby or the transfer of the obligations hereunder to an association governing ;portions of the adjacent property; provided, however, that any such transferee of Grantor or its successor or assignee, as the case may ;be, shall be bound by all such future terms and conditions of this Grant of Easement. For purposes of this Grant of Easement, Grantor shall, only be.permitted to assign Grantor's rights hereunder to (and Grantor's successors shall only include) successor developer(s) of the development parcels located adjacent to the Easement Parcel and/or association(s) designated with the responsibility of maintenance of common areas in connection with the development of such adjacent development parcels. An assignment of Grantor's rights hereunder shall only be effective if a specific written assignment (including an acceptance by the successor developer and/or association) is recorded in the Public Records of Dade County, Florida. This Grant of Easement shall be binding upon Grantee, its Permitted Successor, and inure to the benefit of Grantee and its Permitted Successor. Grantee shall not be permitted to assign, transfer or convey all or any part of its interests in the Easement Parcel or under this Grant of Easement, except to a successor municipal corporation or governmental entity, such successor municipal corporation or governmental entity being herein referred to as a "Permitted Successor"; provided, however, that nothing herein shall be deemed a limitation on Grantee's or a Permitted Successor'.s right to permit its invitees, agents, employees, guests, lessees and licensees and the public to use the Easement Parcel in accordance with the terms of this Grant of Easement. 9. In the event of a default hereunder, the non -defaulting party shall be entitled to seek all remedies available at law or in equity, except for rescission, revocation or termination of this .Grant of Easement. In the event of litigation arising out of the terms of this Grant of Easement or the use of the Easement Parcel, the prevailing party will be entitled to reasonable attorneys' fees and disbursements at the trial level and all levels of appeal. 10. Upon prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting ._party. 11. Grantor, its successors and assigns, shall have the right, but not the obligation, to convey fee title to the Easement Parcel to Grantee, or its Permitted Successor, at any time and from time to time, and if Grantor, its successors or assigns, shall elect to do so, Grantee, and its Permitted Successor, hereby agrees that (i) the rear yard requirement for the parcel of land initially encumbered by this Grant of Easement shall remain the same, as if the fee title to the Easement Parcel had not been so conveyed, (ii) Grantee, or its Permitted Successor, shall accept such conveyance, subject to Grantor's compliance with applicable statutory requirements and pursuant to documentation reasonably satisfactory to Grantee's attorney and (iii) Grantor shall have the right to reserve to itself, its successors and assigns, the rights herein reserved to Grantor, its successors and assigns notwithstanding such conveyance. 12. Grantor represents and warrants to Grantee that (a) AWL Key Associates is a general partnership duly formed under the laws of the State of Florida; (b) W/L Key Corp. is one of its general partners and is a corporation duly formed under the laws of the State of Florida; (c) Alpha Holdings, Inc. is the other general partner and is a corporation duly formed under the laws of the State of Florida; and (d) the Grantor has the authority to enter into an deliver this Grant of Easement and such has been authorized by all requisite partnership and corporate action. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed in its name by its undersigned duly authorized officers and its corporate seal to be hereunto affixed, this day of , 1996. Witnessed by: )i t'nc i�F 2GC^ �o Name: L(�u { scr.<n. Address: 3250 Mary Street Miami, FL 33133 AWL KEY ASSOCIATES, a Florida general partnership By: W/L KEY CORP., a Florida corporation. General Partner By: Name: DOS LA Title: President (Corporate Seal) By: ALPHA HOLDINGS, INC., a Florida corporation, ral Partner By: dame : oAE Name: l RALPH -E. DESEN Nahe : G Title: President Q (Corporate Seal) Pn*cu: s,M . u 2 zn,, f Address: :\74g !]V � i L comae Sr,r 4 5O �1 /Afro PL 33(31 - 6 - STATE OF FLORIDA SS: COUNTY OF DADE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By: Name: C. Sam Kis anger Title: Village Ma ages CJ The foregoing instrument was acknowledged before me day of April, 1996 by DOUGLAS WEISER, as President of CORP., a Florida corporation, General Partner of ASSOCIATES, a Florida general partnership, on behalf corporationand partnership. He/she is personally known produced identif ration this ?1D`e` W/L KEY AWL KEY of said to me or as OFFICIAL NOTARY SEAL JUDITH L IGREGG NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC466486 MY COMMISSION EXP. JUNE 17,1999 My commission expires: J1 ikt IL (Q99 r- : JuObi tk '4Kke* Notary Public, State of Florida Commission No. CC zk 1B(o STATE OF FLORIDA 88: COUNTY OF DADE The foregoing instrument was acknowledged before me this ',1644' day of April, 1996 by RALPH E. DESENS, as President of ALPHA HOLDINGS, INC., a Florida corporation, General Partner of AWL KEY ASSOCIATES, a Florida general partnership, on behalf of said corporation and partnership. He/she is peraQnally known to me or produced / as identification. My commission expires: PIERO SALUSSOLIA o;1 o 199 Bonded By Service Ins No. CC496515 1Pno Cy afl HHOPPED. STATE OF FLORIDA COUNTY OF DADE ) ) ) SS: Name: Notary in State of Florida Commis4on No. The foregoing instrument was acknowledged before me this day of May , 1996 by C. SAM KISSINGER, as Village Manager of VILLAGE OF KEY BISCAYNE, a Florida municipal c rperation, behalf of said corporation and partnership. e shy personally known to me or produced as identification. My commission expires: 427789.05 - 8 - ame: Notary ..lic, State of Florida C mission No. 2�p,AY t a n OUIOO H INQUANZO JR OFFICIAL NOTARY SEAL sJ G .COMMISSION NUMBER a CC357097 .. . cX MY COMMISSION EXP. APR. 30 1998 Exhibit "A" LEGAL DESCRIPTION: The North 10 feet Tract "D" of GRAND BAY RESORT AND RESIDENCES according to the Plat thereof as recorded in Plat Book 147 at page 23 of the Public Records of Dade County, Florida Less the West 100.00 feet thereof. SURVEYOR'S NOTES: — This site lies in Section 4 and. 5, Township 55 South, Range 42 East, Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'26'59" E for the North line of Tract "D", said bearing is identicol with the plat of record. — Lands shown hereon were not abstracted for easements and/or rights —of —way records. — This is not a "Land Survey" but only a graphic depiction of the description shown hereon. of — Easement shown hereon containing 9,955 square feet, or 0.2285 ocres, more or less. — Legol description shown hereon based on information furnished by client. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description" was made under my responsible charge on February 21, 1996, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Land Surveyors . in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, ILES INC. "NOT VALID UNLESS SEALED" By. SL Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida DnwnBy, REP Cat Nom 960244 None 10EASEMENT ON TRACT 'D For , LELF WI tiL c;' 5 }T r.- 5 211 D• ate February 21. 1996 c„k 1-=200 960 44 195A-7011, 11 1 LOT 11 AT 11 LOT 12 " Pg. 87 “L C 4. — _OTC ell '�� LOT 13 OT la Q EAST WGA7NGR DRVG WEST LINE. OF ,^a 1 LOT 6 BLOCK 5 P$ 5O 129' 87 NORTH LINE OF TRACT "D" LOT I 1 N 8526'59' E 1095.70' TRACT IL4 ESTATES PUT BOOK 46, PACE 86 1 995.21' GRAND BAY RESORT AND RESDENCES TRACT 47 10.001 TRACT ' D ' PLAT BOOK I47, PAGE 23 PLAT BOOK 147, 1 3j; v" PAGE 23 S 8526'59' W TRACT "E" GRAND BAY RESORT' AND RESIDENCES PLAT BOO: 147, PA 23 I TRACT I 690.59' 5 00'33'01' E L . ZFi T If --28D. 57.33' 33 S 8526'59' W S 0(�16.U0I E 100.00' TRACT B'L TRACT "C" GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147, PAGE 23 GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147, PAGE 23 GRAND BAY RESORT AND RESIDENCES PLAT BOOK 147. PAGE 23 I I LOT 7 1��" LOT 8 1 LOTS! PUT BOOK 78, PAGE. 191 a n T N —I- c T• v —\ > LOT 7 I I LOT 8 1 LOT 9 1 LOT 10 PLAT 1102014 78. PACE 91 1 Drawn By: REP Cad.Nar 960244 I Ref Dyvgs None 7:540 0 z Q 0 0 GRAPHIC SCALE 0 100 — 400 (IN FEET) 1 inch = 200 ft. TRACT "A REPOT 0P TPACT P.A. OF RUTCERS SOBONSION PUT 80OK 77. PACE, 6 10' EASEMENT ON TRACT, 'D' FORT LEVY CONSULT' VGL'NGEVEERSt r,. . N t,matt; _< ,E INC: Pi I0 N 10.01' 2 4 11 0 0 0 cad J 2 Dare February 21, 1996 Saab 1"=200' lo&No. 960244' Dwg, NeE. .196A-012 aver 2 nf j yvva YIJ OVJJ PROPERTY LINE• Of TRACT 'D' 0.31' 0.0' X 10.0' CONCRETE STRUCTURE { SOLID LINE ) ulna s ;s • a Stiller sat TIMM ir •1 9b Sa2STCar 0P OIL SXPZ TOlt N89tSsONS 1 NO, 90. P3. 32 ,A1031 • L ,25' ra rr*na • a* AND: PUMP alt ajar 3Ei'd ' a /OIL/ WATER SEPARATE?‘ 0.50' 10,0' CX DASHED NLINR ETE LiD PUMP 130X J- r or SSI A.VIEtQ--TOLTON & ASSOCIAi'E5 INC. =a MICA= nartawnamm. tanfathlirer F• EXH? RESOLUTION NO. 96-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING A BUS STOP FOR THE VILLAGE AND PUBLIC LOCATED ON THE SOUTHEAST CORNER OF EAST HEATHER DRIVE AND CRANDON BOULEVARD; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in connection with the development of the Grand Bay Resort and Residences project, AWL Key Associates wishes to grant an easement to the Village for the purpose of providing a bus stop for the Village and public located on the southeast corner of East Heather Drive and Crandon Boulevard, as set forth in the Grant of Easement attached to this Resolution; and WHEREAS, the Village wishes to accept the Grant of Easement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Grant of Easement is hereby accepted by the Village. Section 2. That the Village Manager is hereby authorized to execute the Grant of Easement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Grant of Easement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of Mav , 1996. F. FESTA, MAYOR ATTES GUIDO H. UANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: L� 4 12,S VI ATTORNEY -2- This instrument prepared by, and after recording return to: Name: Gary A. Saul, Esq. Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Miami, Florida 33131-3261 (Space reserved for Clerk of Court) GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: AWL KEY ASSOCIATES, a Florida general partnership ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid to Grantor by the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation ("Grantee"), the mailing address of which is 85 W. McIntyre Street, Key Biscayne, Florida 33144, hereby grants, conveys, bargains and sells to .Grantee, or its Permitted Successor (as defined in Paragraph 6 hereof), for the use of the public generally and such persons as shall from time to time be designated by Grantee, a permanent, irrevocable non-exclusive easement, for the purposes herein expressed, over and across that certain parcel of real property (the "Easement Parcel") situated in Dade County, Florida and more particularly described in Exhibit "A" annexed hereto and hereby made a part hereof. TO HAVE AND TO HOLD the easement hereby granted unto Grantee, and its Permitted Successor, upon and subject to the following terms, conditions and reservations: 1. The easement hereby granted shall be for the sole purposes of providing to the public and to Grantee, its invitees, agents, employees, guests, lessees and licensees, including, without limitation, Grantor, its officers, employees, agents and contractors, a non-exclusive area for a bus stop for persons to assemble for a temporary period either to obtain access to, or upon being discharged from, a vehicle providing public transportation, whether provided by Grantee or any governmental agency. 2. Grantee, or its Permitted Successor, as applicable, agrees that it: (a) shall make the Easement Parcel available for use by the public generally, (b) shall restrict the use thereof to the permitted. -use set forth in paragraph 1 above, (c) shall not, except only as may be - ss,t',- e4 n :paragraph 6 below, construct or permit to be cc°n. , 'v ?7. ur n t a. nc. t ';a-=:cei any x i)din.gs, structures or other improvements, (d) shall not place advertisements and/or other civic or private promotional matter, nor permit the placement of same, upon any improvements constructed upon the Easement Parcel, and (e) notwithstanding any initial construction obligations of Grantor as set forth in paragraph 6 below, shall, at its sole cost and expense, restore, maintain and repair, any improvements constructed thereon, in a first class condition, and Grantor, its successors and assigns, shall have no restoration, maintenance, repair or replacement obligations with respect to the Easement Parcel, except as set forth in Paragraph 4 below. 3. To the fullest extent permitted by applicable law, Grantee, and its Permitted Successor, shall indemnify and hold harmless Grantor, its successors and assigns, from and against any and all costs, expenses, losses, claims or damages, including without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal, relating to death of or injury to persons, or loss of or damage to property, and resulting from, arising out of, or incurred in connection with, use of the Easement Parcel by the public generally or by Grantee, or its Permitted Successor and their respective invitees, agents, employees, guests, lessees or licensees in connection with the easement herein granted or the use of the Easement Parcel; provided, however, that in no event shall Grantee be obligated in respect of third party claims for amounts in excess of those limits to waiver of sovereign immunity provided for under Florida Statute § 768.28 (or any successor statute thereto) or in respect of claims resulting from the intentional or negligent acts of Grantor, its officers, invitees, employees, agents or contractors. . 4. Grantor reserves unto itself, its successors and assigns, the perpetual right and privilege of: (a) Unrestricted access to, over, across and in the Easement Parcel for purposes consistent with the use of the Easement Parcel as contemplated in this Grant of Easement and provided such uses do not materially interfere with the continuous use of the Easement Parcel as, permitted herein by Grantee, or its Permitted Successor and its invitees, agents, employees, guests, lessees and licensees; and (b) Using and occupying, and granting to others the right to use and occupy: (i) Subject to the provisions of Paragraph 5 hereof; the subsurface of the Easement Parcel for any utility or drainage installations or other uses or purposes which do not materially interfere with the non-exclusive rights herein granted to Grantee, or its Permitted Successor and its authorized invitees, agents, employees, guests, lessees and licensees, including, without limitation, the right to construct, install, maintain and operate therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and drainage fixtures, related equipment and facilities and the foundation and footings of and/or anchors for adjacent improvements; and (ii) The use and occupancy reserved herein shall include the right (but not the obligation) to reconstruct, decorate or otherwise enhance the appearance of any landscaping and site improvements located on the Easement Parcel at any time and from time to time, at Grantor's, its successors' and assigns', cost and expense, provided such construction, decorations and enhancements are reasonably acceptable to Grantee. Grantor, its successors and assigns, shall, at its cost and expense, maintain and repair any of the items it shall construct or install, or direct to be constructed or installed by third parties, on or under the Easement Parcel pursuant to the provisions of this paragraph 4 as well as restore any of the improvements so constructed on the Easement Parcel to their original condition in the event such are removed or damaged during construction; provided, however, that notwithstanding anything herein contained to the contrary, this paragraph 4 shall not be construed or deemed to relieve Grantee, or its Permitted Successor, as applicable, of its obligations to restore, repair and maintain the improvements constructed on the Easement Parcel strictly in accordance with the provisions of this Grant of Easement. 5. The parties agree that in connection with each of their respective rights to install and maintain utilities in the subsurface of the Easement Parcel and/or to improve the Easement Parcel pursuant to this Grant of Easement, each party (a) shall notify the other of its intention to install, repair or otherwise maintain such utilities and/or improvements, (b) shall cooperate fully with the other party and take such steps as may be necessary to insure that any such installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing utilities, (c) shall, to the extent feasible, integrate any proposed installation, maintenance or repair with any proposed work of a similar nature by the other party, and (d) shall not unreasonably interfere with the use of the Easement Parcel by the other party as permitted under this Grant of Easement. 6. Grantor, or its successors or assigns, shall, at Grantor's sole cost and expense, construct, or cause to be constructed, upon the Easement Parcel the following improvements: a pavement surface of materials similar to that used by the Grantee for the balance of the sidewalk pavement on - 3 - that block of Crandon Boulevard. Upon the Easement Parcel, Grantor shall construct a transient shelter of a size and design reasonably acceptable to the Grantee, said acceptance by the Grantee not to be unreasonably withheld or delayed. In lieu of the foregoing obligation of Grantor to construct a shelter, Grantor may at any time pay to the Grantee the sum of Twelve Thousand and No/100 Dollars ($12,000.00) and thereafter be fully relieved and released from any obligation hereunder to erect a structure upon the Easement Parcel. - Grantee shall, within ten (10) business days following request therefor by Grantor, confirm in writing, in an instrument provided by Grantor and reasonably acceptable to Grantee which may be recorded among the Public Records of Dade County, Florida, Grantor's completion of Grantor's improvement obligations set forth in this paragraph 6, whether by construction or payment in lieu thereof as permitted herein (a "Completion Notice"), and upon the recordation of any such Completion Notice, all persons shall be deemed to be able to conclusively rely thereon that the obligations of Grantor under this paragraph 6 have been fully complied with in accordance with the terms hereof. In the event that Grantor satisfies its obligations under this paragraph 6 by payment of the $12,000.00 in lieu of constructing the shelter on the Easement Parcel, then, provided that Grantee has delivered a duly executed Completion Notice to Grantor, Grantee shall be permitted to construct upon the Easement Parcel, a single transient bus shelter of a size and design reasonably acceptable to the Grantor, said acceptance by Grantor not to be unreasonably withheld or delayed. 7. This Grant of Easement shall inure to the benefit of and be binding upon Grantor, and its successors and assigns, except that Grantor or such successor or assignee, as the case may be, shall be released of all future obligations hereunder upon conveyance of its interest in the property encumbered hereby or the transfer of the obligations hereunder to an association governing portions of the adjacent property; provided, however, that any such transferee of Grantor or its successor or assignee, as the case may be, shall be bound by all such future terms and conditions of this Grant of Easement. For purposes of this Grant of Easement, Grantor shall only be permitted to assign Grantor's rights hereunder to (and Grantor's successors shall only include) successor developer(s) of the development parcels located adjacent to the Easement Parcel and/or association(s) designated with the responsibility of maintenance of common areas in connection with the development of such adjacent development parcels. An assignment of Grantor's rights hereunder shall only be effective if a specific - written assignment (including an acceptance by the successor developer and/or association) is recorded in the Public Records of - 4 - I Dade County, Florida. This Grant of :Easement shall be binding upon Grantee, its Permitted Successor, :and inure to the benefit of Grantee and its Permitted Successor. Grantee shall not be permitted to assign, transfer or convey all or any part of its interests in the Easement Parcel or under this Grant of Easement, except to a successor municipal corporation or governmental entity, such successor municipal corporation or governmental entity being herein referred to as a ',Permitted Successor"; provided, however, that nothing herein shall be deemed A limitation on Grantee's or a Permitted Successor's right to permit its invitees, agents, employees, guests, lessees and licensees and the public to use the Easement Parcel in accordance with the terms of this Grant of Easement. 8. In the event of a default hereunder, the non -defaulting party Shall be entitled to seek all remedies available at law or in equity, except for rescission, revocation or termination of this Grant of Easement. In the event of:litigation arising out of the terms af.this Grant of Easement or the use of the Easement Parcel, the prevailing party will be entitled to reasonable attorneys' fees and disbursements at the trial level and all levels of appeal. 9. Upon prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory:to the requesting party. 10. Grantor, its successors and assigns, shall have the right, but not the obligation, to convey fee title to the Easement Parcel to Grantee, or its Permitted Successor, at any time and from time to time, and if Grantor, its successors or assigns, shall elect to do so, Grantee, and its Permitted Successor, hereby agrees that (i) the rear yard requirement for the parcel of land initially encumbered by this Grant of Easement shall remain the same, as if the fee title to'the Easement Parcel had not been so conveyed, (ii) Grantee, or its Permitted Successor; shall accept such conveyance subject to Grantor's compliance_ with applicable statutory requirements and pursuant to documentation reasonably satisfactory to Grantee's attorney and (iii) Grantor shall have the right to reserve to itself, its successors and assigns. the rights herein reserved to Grantor, its aucceseorS and assigns notwithstanding such conveyance. - S - 11. Grantor represents and warrants to Grantee that (a) AWL Key Associates is a general partnership duly formed under the laws of the State of Florida; (b) W/L Key Corp. is one of its general partners and is a corporation duly formed under the laws of the State of Florida; (c) Alpha Holdings, Inc. is the other general partnr and is a corporation duly formed under the laws of the State of Florida; and (d) the Grantor has the authority to enter into an deliver this Grant of Easement and such has been authorized by all requisite partnership and corporate action. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant of Easement to be executed in its name by its undersigned duly authorized officers and its corporate seal to be hereunto affixed, this 304 day of Jr! , 1996. Witnessed by: a_ 1Roscc (--e .21 Name: AWL KEY ASSOCIATES, a Florida general partnership By: W/L KEY CORP., a Florida corporation. General Partner BY -< :Z 41.4. Name: DOUGLAS WEISER Title: President (Corporate Seal) Address: 3250 Mary Street Miami, FL 33133 By: ALPHA HOLDINGS, INC., a Florida corporation, —General Partner - 6 - By: Name: RALP E. DESENS Title: President (Corporate Seal) &4g 3nck41!F i,qe rile 150 f) !pi FL 33131 STATE OF FLORIDA ) ) ss: COUNTY OF DADE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By: LA6041 / Name: C. Sam Ki singer Title: Village Manager The foregoing instrument was acknowledged before me this br day of April, 1996 by DOUGLAS WEISER, as President of W/L KEY CORP., a Florida corporation, General Partner of AWL KEY ASSOCIATES, a Florida general partnership, on behalf of said corporation and partnership. He/she is personally known to me or produced i as identificati O ' ' OFFICIAL, NOTARY SEAL JUDII'u L KREGG NOTARY PUBLIC STATE OF FLORIDA COMMLSSION NO: CC466486 MY COMMISSION EXP. JUNE 17,1999 My commission expires:4 1/(40Q, J7 (qQ4 Na t 114 ' L. Notary Public, State of Florida Commission No. CC -i0(.4LEg(o STATE OF FLORIDA ss: COUNTY OF DADE r The foregoing instrument was acknowledged before me this 3C't1 day of k , 1996 by RALPH E. DESENS, as President of ALPHA HOLDINGS, INC., a Florida corporation, General Partner of AWL KEY ASSOCIATES, a Florida general partnership, on behalf of said corporation and partnership. He/she is personally known to me or produced as identification. My commission expires: PTERaSA USSOL?A MY Co'a ai E9.9119199 Bonded: ily Service ins No. CC496515 IPcsl9WiyKamm (ICt�r.y?:i. Name �' Not 1f Public, State of Florida Col nission No. STATE OF FLORIDA ) s s COUNTY OF DADE ) The foregoing instrument was acknowledged before me thisIs day of , 1996 by C. SAM KISSINGER, as Village Manager of VILIiAGE OF corporation, on behalf of c own to me or produced as identification. KEY BISCAYNE, a Florida municipal said corporation. GI /she iv personal My commission expires: 423043.04 - 8 - Name: Notary Pu ic, State of Commission No. Florida p$.Y PUB OFFICIAL NOTARY SEAL q� !i GUIDO N INOUANZO JR tip S;; * COMMISSION NUMBER CC357097 9le. 4. MY COMMISSION EXP. o=FL° APR. 30,1998 ii li Nart hwesleriy corne r Trot t "C" Plot Boo k Page 5' RADA N 85' 00'53" DIAL) N 83'4 7.5 w (Rama A = 01'12'57 R = 1885.00' L = 40.00' SEE DETAIL BELO W (77,40 U /10 A =0 '30'26"p R= La •0.16'.16' A = 1719' 4/ R = 14663 60. / 6 m P.B. 50 Pg. 87 J m OT 7 < �_ UI I 5 89'26' 59" W Q P.B. 50 Pg, 8] • LOT 13 1 LOT 14 0 0 BLOCK 3 P.B. 50 Pg. 87 10T 13 I LOT 14 _ 1 958.62' EAST HE A THE R TRACT C = 01'11': R = 1910.0 L = 39. 99' S 89' 25'59 " 25.17' b �U I ¢ SEA GRAPE CIRCLE BUS SHELTER - " EASE EN Ea st ril ht—= w a CRANDtN :.OULEVA•r �: A=01' 2" = 49. 4 TRAC 'C LOT A te78' 12'19" 48' 45 175. 0 R 125. 00' L= 148. 9 N 89'26'59' E 179.69' N 89'26'59 E 179 A=28'29'0( R=236.74' IL=117.70' OT 2 T LOT 3 C ALE N 904. 6' Nor herly bo u TRACT "•' an righ,—of way = 48'45'00" L = 200.00'' INGRESS, EGRESS AND ACT "A" GRAND BAY RESORT AND RESIDENCES PLA T B OOK 147 PAGE 23 S 6526'59' W I I LOT 4 _L 1 PL AT lE C) J a 5 '6'59' E TURTLE WALK UTILITY EASEMENT N 89'26'59" E 25.0o' Ir25.12 RADIAL A = 01'12'57" 0.92 ACRES R = 1885. 00' L = 40.00' 125 ' 17 5 89'26'59" W P. B.B. 7 RPg. q 50 LOT 13 1 LOT 14 R BLOCK 4 I Q Z 0 I BLOCK 5 Q' P. B. 50 Pg. 87 10 LO i 7 D R_._I V E 1999. 86' TR ACT 'D ' ra GRAND BAY RESORT AND RESIDENCES' PLAT BOOK 147 PAGE 23 I• 251 N D oLLo Fc N 89'26'59' E No 210 .00' in _ 5 69'26'59" W_ 690.69' r 859 NL) J "E' = 01'11'59" R = 1910 .00' L = 39 .99' DETAIL OF BUS SHELTER EASEMENT SCALE: 1"= 50' LOT 5 1342.00 LOT 6 B OOK 78.1 PAGE 91 LOT 7 _J — — _L — L D I V E N 00'33'01 " W 77 .19' A = 178'31.2 7 R = 95 .00' L = 296.00 ' TRACT " B " GRAND BAY RESORT AND RESIDENCES PL AT BOOK 147 PAGE 23 GRAPHIC SCALE 150 300 ( IN FEET ) 1 inch = 150 ft . (0 04 N u�7 II Jo&Na 960094 0 I rn SKETC H OF D ESCRIPTIO N NT T. a a 0 1n 0 0 0 (0 m 0 Plotted 2/8/96 5'38p LEGAL DESCRIPTION: BUS SHELTER EASEMENT A bus shelter easement over and across o portion of Tract "C", GB VILLAS, according to the Plat thereof as recorded in Plat Book , Page of the Public Records of Dade County, Florida, being more paticularly described as follows: Begin at the northwest corner of said TRACT "C" of GB VILLAS; thence N 89'26'59" E, along the northerly boundary line of said Tract "C", for a distance of 25.12 feet, said line also being the southerly right—of—way line of East Heather Drive, to a point on a circular curve, concave to the West and whose radius point bears N 85'05'15" W; thence southerly along a 1,910.00 foot radius curve leading to the right through a central angle of 01'11'59" for an arc of 39.99 feet, this last course also being parallel to and 25 feet easterly of the East right—of—way line of Crandon Boulevard; thence S 89'26'59" W for 25.17 feet to a point on the said easterly right—of—way line of Crandon Boulevard; being on a circular curve, concave to the West and whose radius point bears N 83'47'56` W; thence northerly along said right—of—way line, being a 1,885.00 foot radius curve leading to the left, through a central angle of 01'12'57•' for an arc of 40.00 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 5, Township 55 South, Range 42 East, Dade County, Florida. — Bearings hereon are referred to an assumed value of N 89'26'59" E for the South right—of—way line of East Heather Drive, said bearing is identical with the plat of record. — Lands shown hereon were not abstracted for eosements and/or rights —of —way of records. — This is not a "Land Survey" but only a graphic depiction of the description shown hereon. — Lands shown hereon containing 1,000 square feet, or 0.0230 acres, more or less. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on January 24, 1996, and meets the Minimum Technical Standards as set forth by the Florida Boa f Professional Land Surveyors in Chapter 61G17 —6, Florida Administrative de, pursuant to Section 472.027, Florida Statutes. FORTIN, LEAVY, S B Daniel. C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida "NOT VALID UNLESS SEALED" AVM' 6r PAH Cad. Na 960094SD eel rn ig. 147/73 1' SKETCH OF DESCRIPTION Date 1/24/96 Scak 1"= 150' FORTIN,L EAVY SIKllLEE INS C. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street / N rrh n.e,..,, n.. • Job.No. 960094 D,wM, 1(Rh nn RESOLUTION NO. 96-15 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH ACCESS PROMENADE" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of Resolution Z-10-95, Key Biscayne Ocean Club Limited Partnership wishes to dedicate certain real property known as the "Beach Access Promenade" to the Village, as set forth in the Dedication Agreement attached to this Resolution; and WHEREAS, the Village wishes to accept the dedication of the "Beach Access Promenade" pursuant to the Dedication Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Village hereby accepts the dedication of the "Beach Access Promenade" pursuant to the Dedication Agreement. Section 2. That the Village Manager is hereby authorized to execute the Dedication Agreement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Dedication Agreement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. ATTEST 3 F. FESTA, MAYOR IDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: -2- RESOLUTION NO. 96-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH PARK" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of Resolution Z-10-95, Key Biscayne Ocean Club Limited Partnership wishes to dedicate certain real property known as the "Beach Park" to the Village, as set forth in the Dedication Agreement attached to this Resolution; and WHEREAS, the Village wishes to accept the dedication of the "Beach Park" pursuant to the Dedication Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Village hereby accepts the dedication of the "Beach Park" pursuant to the Dedication Agreement. Section 2. That the Village Manager is hereby authorized to execute the Dedication Agreement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Dedication Agreement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. F. FESTA, MAYOR ATTES GUIDO H. IN UANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: geW-2-1 VILLAGE ATTORNEY EY -2- Pia: 1798883453 RfC. 98R079856 1998 FEB 20 16.03 DEDICATION AGREEMENT (Beach Park) THIS DEDICATION AGREEMENT is made as of the day of January, 1998, by KEY BISCAYNE OCEAN CLUB UNITED PARTNERSHIP (t e "Partnership"), a Delaware limited partnership, in favor of THE VILLAGE OF KEY BISCAYNE (the "Village"), a Florida municipal corporation. Partnership is the owner of fee simple title to certain real property (the "Ocean Club Development Area") situated within the corporate limits of the Village, in Dade County, Florida. Pursuant to Resolution No. Z-10-95 of the Village, adopted by the Village Council on July 27, 1995, the Village approved a special exception and height variances for the Ocean Club Development Area, subject to certain conditions, including without limitation requirements that Partnership (a) dedicate to the Village land to be owned, held, developed and used by the Village as a municipal beach club/recreation area, in connection with which requirement this Agreement is made, and (b) contribute the sum of $250,000.00 (the "Park Contribution") to the Village to fund certain park improvements. Now therefore, in consideration of the foregoing, Partnership hereby agrees and declares as follows: 1. Dedication. Partnership hereby dedicates to the Village, for the uses and purposes herein set forth, the real property (the "Dedicated Land") legally described on Exhibit A attached hereto and made a part hereof. The Village hereby acknowledges receipt of payment in full of the Park Contribution. 2. Use. The Dedicated Land will be owned, held, developed and used by the Village solely as a Village beach park for the use, enjoyment and benefit of residents of the Village and their guests; provided, that no activity or condition will be conducted or permitted upon the Dedicated Land that would constitute a nuisance with respect to neighboring residential uses. 3. Inurement. This Dedication Agreement will inure to the benefit of and be enforceable by the Partnership and the Village, their respective successors and assigns. This instrument was prepared: H. William Walker, Jr. White & Case LLP 200 S. Biscayne Blvd. 49th Floor Miami, Florida 33131 . n;aFL 0.60 S nK k 0.4", . UNTYs F!. DOCSTPDEE 0.60 SURTX 0.45 HARVEY RUVIN, CLERK DADE COUNTY: FL Please record and return to: Steven W. Zeklowitz Weiss, Serota & Helfman,P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 mirth 138014 [1yhgolf.00C) 17988PC3454 REC. REOF, the Partnership has caused this Dedication Agreement to the day of January, 1998. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited. partnership IN WITNES executed as of the Witnessed: ame: Name: U✓U✓ Our/ likolacamok Name: Ma de \hyena STATE OF FLORIDA COUNTY OF DADE ) ) SS. Date: By: Ocean Club Holdings Limited Partnership, a Delaware limited partnership, General Partner By: Ocean Club Hold' s, Inc., a 1 ware corpor. Name: Title: Date: ohn A. Hinson Presid January JJ 1998 THE VILLAGE OF KEY BISCAYNE FLORIDA, a Flori a municipal corporation 2 3 10 11 N e: C. Samuel Kissinger Title: Village Manager February 18, 1998 bb West McIntyre Key Biscayne, FL Resolution 96-16 PASSED AND ADOPTED 14th day Street 33149 of May, 1996. This instrument was acknowledged before me this 16 day of January, 1998, by John A. Hinson, as President and on behalf of OCEAN CLUB HOLDINGS, INC., a Delaware corporation, as General Partner and on behalf of OCEAN CLUB HOLDINGS LIMITED PARTNERSHIP, a Delaware limited partnership, as General Partner and on behalf of KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership; and he is personally known to me. (Notary Seal) Notary Public State of Florida at Large My commission expires: -2- i a" •o Monies Pdella Notary Public, State 01E064 111 : < i t' ' My Commission Exp.06/0?/2001 1i003310TA1Y- nNowylovicommoistCo miavni 138014 ii'hgol1.DOC] oFF.17988PG3455 REC. STATE OF FLORIDA ) SS. COUNTY OF DADE (2'� dgu� E as ass FLORIDA, a Florida muni ipal corporation, on known to me. rnT try FFIcIAL NOTARY SEAL \1, "MITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC601618 MY COMMISSION EXP. NOV. 14,2000. ,p,p February db- .re me this /Ldayof , 1998, by of THE VILLAGE OF KEY BISCAYNE, f of the Village; and /he is personally 4, Notary Public State of Florida at Large l �p 7/ / O My commission expires: -3- mien 138014 11yhg011.DOCI re. 17988PC3456 REC. EXHIBIT A (BEACH PARK) LEGAL DESCRIPTION That portion of the South 1100 feet of Tract "G" 1, ST ADDITION TO BISCAYNE KEY ESTATES, as recorded in Plat Book 53 at Page 19 of the Public Records of Dade County, Florida, lying within the following described land: A portion of Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES as recorded in Plat Book 53 at page 19 of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the Northwest Corner of said Tract "G" said point being on the East right of way line of Ocean Drive; thence S01°47'53"E along said East right of way line of Ocean Drive for 194.99 feet to a point of curvature; thence Southerly and Easterly along an 88.62 foot radius curve leading to the left through a central angle of 88°47'07" for an arc distance of 137.32 feet to a point of tangency; thence N89°25'00"E for 591.19 feet to a point on the East line of said Tract "G"; thence N06°02'25"W along said East line of Tract "G" for 105.98 feet; thence departing said East line of Tract "G" S89°25'00"W for 570.08 feet; thence N01 °47'54"W for 176.21 feet to a point on the North line of said Tract "G"; thence SS9°25'37"W along said North Line of Tract "G" for 100.02 feet to the POINT OF BEGINNING. mind 138014 pytgo11.00CJ °F RE`C. 179881'045T345T RECORDED IN OFFICIAL RECORDS BOOK OF DADECOOMY, FLORIDA RECORD VERIFIED HARVEY RUVIN CLERK w mum - DOCUMENT COVER PAGE FOR DEDICATION AGREEMENT (Beach Park) This instrument was prepared by: 13. William Walker, Jr. White & Case 4900 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Record and return to: Steven W. Zelkowitz, Esq. Weiss, Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 a,t RESOLUTION NO. 96-17 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INCLUSION OF THE VILLAGE OF KEY BISCAYNE SPECIFIC PROJECT PROPOSAL(S) WITHIN THE DADE COUNTY PARKS, RECREATION, BEACHES AND YOUTH FACILI DES MEASURE OF 1996 (SAFE NEIGHBORHOOD PARKS ACT) AND SUPPORTING PLACING THE MEASURE ON THE 1996 COUNTY BALLOT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dade County Parks, Recreation, Beaches and Youth Facilitates Measure of 1996 (Safe Neighborhood Parks Act) would provide approximately $200 million to preserve, improve and restore park, beach, open space lands, senior centers and youth facilities, and recreation facilities to benefit current and future generations of Dade County; and WHEREAS, the Village Council of the Village of Key Biscayne finds that neighborhood and community parks, natural and recreational areas, sports facilities and playing fields are a vital and necessary part of our community and help to preserve the quality of life in the Village of Key Biscayne; and WHEREAS, the Village of Key Biscayne expects to receive approximately $500,000 for the Village Green development; and WHEREAS, the Village of Key Biscayne would receive approximately $80,000 in per capita grants for our most pressing park and county -wide recreation needs; and WHEREAS, local and regional park and recreation facilities are in great need of funds to improve park safety and security and parks in good repair provide an important and healthy alternative to youth in our community through sports and other recreation opportunities; and WHEREAS, this measure would help address the great need for repair and improvements of the neighborhood and community parks of the Village of Key Biscayne; and WHEREAS, the Village of Key Biscayne may apply for grants allocated for youth and senior facilities, trails and greenways, natural and historical resources, and youth museums and heritage facilities throughout Dade County; and WHEREAS, a county -wide and broad -based coalition of park and recreation, conservation, civic, and business groups has been formed to seek the approval of the Dade County Board of County Commissioners and the voters for the Dade County Parks, Recreation, Beaches and Youth Facilities Measure of 1996 (Safe Neighborhood Parks Act); WHEREAS, the Village Council of the Village of Key Biscayne urges the Dade County Board of County Commissioners to support the inclusion of the Village of Key Biscayne's specific project within the Dade County Parks, Recreation, Beaches and Youth Facilities Measure of 1996 (Safe Neighborhood Parks Act) and to place the measure on the 1996 county ballot; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby supports the inclusion of the Village of Key Biscayne's specific project within the Dade County Parks, Recreation, Beaches and Youth Facilities Measure of 1996 (Safe Neighborhood Parks Act) and supports placing the measure on the 1996 county ballot. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of May, 1996. ATTEST: MSIYOR JOHN F. FESTA UIDO H. INGU ZO, JR., CMC, VILLAGE CLERK APPROVED - TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2-. RESOLUTION NO. 96-18 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR A "COPS" GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice's Office of Community -Oriented Policing Services (COPS) has awarded the Village of Key Biscayne's Police Department a grant in the amount of $150,000.00; and WHEREAS, the COPS grant will fund the hiring of two additional full-time police officers for a three year period; and WHEREAS, the proposed Fiscal Year 1997 - 1999 budgets for the Police Department have sufficient funding available to cover the Village's matching portion of the grant; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to enter into an agreement with the United States Department of Justice's Office of Community -Oriented Policing Services (COPS) for a $150,000.00 grant and execute any other necessary documents in connection with the grant. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I'ED this 11th day of June, 1996. ATTES YOR JOHN F. FESTA UIDO H GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RITcTIARD J.� S, VILLAGE ATTORNEY RESOLUTION NO. 96-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA EXPRESSING THE VILLAGE COUNCIL'S OPPOSITION TO THE ETHICS AND PUBLIC TRUST COMMISSION AS PROPOSED BY METROPOLITAN DADE COUNTY; PROVIDING FOR TRANSMI FIAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Council is strongly committed to ethics and integrity in government; and WHEREAS, this Village, through its Council, Manager and employees, seeks to operate the government of the Village of Key Biscayne in a most ethical, upright and straightforward manner; and WHEREAS, this Council has been advised by its attorney and others that there currently exists a mechanism through the State of Florida for monitoring of ethical behavior and receipt of complaints regarding government ethics; and WHEREAS, this Council believes that the current statutory framework for insuring ethical compliance is sufficient and effective. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne strongly opposes the creation of a local Ethics and Public Trust Commission as proposed by Metropolitan Dade County. Section 2. That the Village Clerk is hereby directed to transmit a copy of this Resolution to the Metropolitan Dade County Board of County Commissioners. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 25th day of June, 1996. ATIES GUIDO H. FESTA, MAYOR GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: e 5.47 VILLAGE ATTORNEY -2- Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Clerk Guido H. Inguanzo, Jr. Board of County Commissioners Metropolitan Dade County 111 Northwest 1 Street Miami, Florida 33128 Office of the Village Clerk June 26, 1996 RE: ETHICS AND PUBLIC TRUST COMMISSION Dear Commissioners: Enclosed please find a copy of Resolution 96-19 adopted by the Key Biscayne Village Council at their meeting of June 25, 1996. Sincere Guido nguanzo, Jr., CMC Villa Clerk cc: The Honorable Harvey Ruvin Clerk of the Board 85 West Mclntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax: (305) 365-8936 • Internet:http://vkb.key-biscayne.B.us MISSION STATEMENT `TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." RESOLUTION NO. 96-20 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR ENGINEERING SERVICES RELATING TO BEACH IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute an agreement, on behalf of the Village, with Coastal Systems International, Inc., Coral Gables, Florida, for the provision of engineering services relating to beach improvements. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of June, 1996. AT GUIDO INGUANZO, JR., CMC, VILLAGE CLERK APPR D AS TO FORM AND LEGAL SUFFICIENCY: R RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-21 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILEAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DA I'E, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET 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, 1996 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 AS FOLLOWS: Section 1. That the proposed millage for the first public hearing is hereby declared to be .00380 mills which is $3.80 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 $3.606 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 12, 1996 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 September 19, 1996 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 5, 1996. Section 5. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of July , 1996. INGUANZO, JR., CMC, VILLAGE CLERK APPR QED AS TO LEGAL SUFFICIENCY: gjiVILM VILLAGE ATTORNEY -2- RESOLUTION NO. 96-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA DESIGNATING THE BEACH PARK AS "PASSIVE;" PROVIDING EXAMPLES OF "PASSIVE PARK" ACTIVITIES; PROVIDING THAT THE "PASSIVE PARK" DESIGNATION MAY ONLY BE CHANGED AFTER A PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution Z-09-95 and Z-10-95, dated July 27, 1995, the Village of Key Biscayne approved the First Amended and Restated Development of Regional Impact Order for the Ocean Club at Key Biscayne and further approved a special exception and non-use variances for the Ocean Club at Key Biscayne; and WHEREAS, as a condition of Resolution No. Z-10-95, the owners dedicated a proposed Village Beach Park (the "Beach Park"); and WHEREAS, pursuant to Resolution No. Z-10-95 dated May 14, 1996, the Village of Key Biscayne accepted the dedication of the Beach Park from the owners of the Ocean Club at Key Biscayne; and WHEREAS, the Village Council deems it to be in the best interest of the residents of Key Biscayne to designate the Beach Park as a passive park and to restrict the uses of the Beach Park in such a manner as to protect the quality of life for residents of the Village of Key Biscayne including, but not limited to, those residents living in close proximity to the Beach Park. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council hereby determines that it is in the best interest of the residents of the Village of' Key Biscayne that the Beach Park be designated as a "passive park." The development of the Beach Park and the use of the Beach Park shall be limited to those facilities and uses which are passive in nature, including, but not limited to, open space, play areas, picnic shelters, park benches, gardens, nature trails and jogging trails so as to ensure the long-term compatibility of the Beach Park with the surrounding and neighboring properties. Section 2. As the use and operation of the Beach Park affects the quality of life of all Village residents, and in particular those residents living in close proximity to the Beach Park, the Village Council hereby determines that the "passive" designation of the Beach Park as set forth in this Resolution may not be changed unless and until the Village Council has held a duly advertised and noticed public hearing in order to ensure that all affected parties have a reasonable opportunity to express their opinion with regard to any proposed change. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 9th day of July, 1996. e L.) -3A -07C_ JOI N F. FESTA, MAYOR AT GUIDO H. GUANZO, JR., CMC VILLAG CLERK APPR & VED AS TO LEGAIt SUFFICIENCY: VILLAGE A - 2 - RESOLUTION NO. 96-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING METROPOLITAN DADE COUNTY'S DEPARTMENT OF PUBLIC WORKS TO STUDY SAFETY FEATURES FOR CRANDON BOULEVARD/RICKENBACKER CAUSEWAY RELATING TO PEDESTRIAN AND BICYCLIST SAFETY; PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. WHEREAS, on June 23, 1996, Miami resident Alexander Palizzi was killed by a motor vehicle while jogging on Crandon Boulevard within Crandon Park and on October 9, 1993, Key Biscayne resident Pati Dowdle Lehman was killed by a motor vehicle while bicycling on Crandon Boulevard within Crandon Park; and WHEREAS, there have been countless other fatalities and accidents causing serious injuries to pedestrians, bicyclists and drivers along Crandon Boulevard/Rickenbacker Causeway; and WHEREAS, the Village's Police Department has recommended the installation of a continuous twelve -inch rumble strip adjacent to the pedestrian/bicyclist pathway on Crandon Boulevard within Crandon Park which would alert drivers as to their encroachment on the pathway; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council urges Metropolitan Dade County's Public Works Department to study safety features for Crandon Boulevard/Rickenbacker Causeway relating to pedestrian and bicyclist safety. Section 2. That the Village Clerk is hereby directed to transmit a copy of this resolution to the County Manager of Metropolitan Dade County. Section 3. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of July, 1996. I` PRO TI✓ UANZO, JR., CMC, VILLAGE CLERK D AS TO F • AND LEGAL SUFFICIENCY: YMOND P. SULLIVAN VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Lorene Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Clerk Guido H. Inguanzo, Jr. Mr. Armando Vidal, County Manager Metropolitan Dade County 111 Northwest 1 Street Miami, Florida 33128 Dear Mr. Vidal: Office of the Village Clerk July 24, 1996 At the request of the Village Council, I am enclosing a copy of Resolution 96-23, adopted by the council on July 23, 1996, relating to pedestrian and bicyclist safety concerns on Crandon Boulevard/Rickenbacker Causeway. Sincere Guido H. guano, Jr., CMC Village Jerk Enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 •. Fax: (305)365-8936 • Internet:http://vkb.key-biscayne.fl.us MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.." RESOLUTION NO. 96-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF MEMBERS OF THE FINANCIAL POLICY COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Financial Policy Committee of the Village of Key Biscayne was created by the Village Council on April 9, 1996; and WHEREAS, the committee was established for the purpose of examining and making recommendations to the Village Council regarding possible adjustments to the existing financial policies of the Village; and WHEREAS, the committee often members has forwarded to the Village Council final report including a set of recommendations as a result of its findings; and WHEREAS, the committee was dissolved by the Village Council at their July 25, 1996 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Financial Policy Committee, having submitted a fmal report including a set of recommendations to the Village Council, attached as Exhibit A, be dissolved. Section 2. That a copy of this resolution shall be presented to each member of the committee, listed on Exhibit B, in appreciation of theircommitment 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 Financial Policy Committee. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 10th day of September , 1996. ATTEST: 2 Y CELY`N G4IANO GOMEZ, ACTING VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC RD J. WEI S , VILLAGE ATTORNEY -2- EffiIBIT A FINAL REPORT Financial Policy Committee June 1996 MISSION STATEMENT 'TO PRONTO E A S.A L. QC Al= COMMENT'?" ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVHR.N.ENF" CONTENTS I. INTRODUCTION 1 II. PROCEDURE III. FACTS FOUND 2 IV. RECOMMENDATIONS 3 V. SIGNATURES 4 Seale I. INTRODUCTION The Financial Policy Committee was established by the Village Council on April 9, 1996. The committee's purpose was to review ail aspects of the three proposed O'Reilly' charter amendments and the Village's existing financial policy and their impact on the Village's Master Plan, Goals and Objectives. Fiscal Year 1996 Capital Budget, and the Five Year Capital Improvement Plan. The committee was charged with examining whether the existing policy should be changed and make recommendations on each of the proposed charter amendments or any other proposals discussed by the committee. The issues considered by the committee included the following: a) Definitions of debt (i.e. what debt should be included and/or excluded if a debt limit policy is adopted by the Village); b) Review of current and proposed requirements for voter approval of debt and a specific recommendation in that regard; and c) The proper vehicle for any specific change in the fmancial policy that should be adopted (i.e. modified financial _policy, ordinance or charter amendment). Vice Mayor John Wald was appointed to serve as the non -voting chairman of the committee. The Village Council appointed the following residents to serve on the committee: Gerald Broucek; Julio Carillo; Sam Davitian; Ron Drucker; William Hodgson; Robert Maggs; Joe I. Rasco; John Thomson; and Onofre Torres. 'Councilman Hugh T. O'Reilly proposed three charter amendments at the March 12, 1996 Village Council meeting addressing the issue of debt. Page 1 II. PROCEDURE The committee held eight meetings on the following dates: April 18, 1996; April 23, 1996; April 30, 1996; May 7, 1996; May 14, 1996; May 21, 1996; May 28, 1996; and June 18, 1996. The meetings were open to the public and broadcast live on Cable Channel 29 (C -SPAN II). A copy of the minutes of the meetings are attached as Addendum A. The committee reviewed appropriate materials including the Village's existing financial policy, the Fiscal Year 1996 budget, the Master Plan, and the Fiscal Year 1995 Comprehensive Annual Financial Report. The following were invited to appear before the committee: Village Manager C. Samuel Kissinger; Finance and Administrative Services Director Jack Neustadt; Financial Advisor Percy Aguila; and Jerry Chiocca representing the accounting firm of Rachlin Cohen and Holtz. III. FACT FOUND The committee held open discussions regarding the Village's existing financial policy and the proposed O'Reilly charter amendments and established a series of recommendations for the Village Council's consideration. Page 2 IV. RECOMMENDATIONS By voice vote, the committee adopted the following recommendations: Definition. Long Term Debt. All monies owed by the Village for period greater than twelve months. That portion of Enterprise Fund debt which is fully supported by user fees shall not be included in Long Term Debt. Enterprise funds are defined as funds established to account for operations which are financed and operated in an independent and a self-liquidating manner. The expense of providing goods or services to the public on a continuing basis (including depreciation) must be financed or recovered entirely through user fees. Policy 1. Limits on Long Term Debt. Long Term Debt of the Village shall not exceed one percent of the total assessed value of the Village and the annual debt service shall not exceed fifteen percent of the General Fund expenditures, whichever is greater. Policy 2. Limits on Reserve Funds. To provide for emergencies, the Village should maintain reserve funds which should not exceed twenty percent of the General Fund expenditures, but shall not be less than $2,000,000.00. Restricted reserve funds are excluded from this definition. Policy 3. Surnlus Funds and Excess Revenues. Funds available at the end of a fiscal year shall be used either to reduce debt or to reduce taxes in the next fiscal year (as determined by the Council). Policy 4. Policy Exceptions. Long term Debt limits established above regarding maximum debt service and maximum total debt shall not be increased or exceeded unless approved by a majority of the qualified electors dithe Village voting in a referendum election on such a measure. The committee also recommended that Policy 1 (Limits on Long Term Debt) be prepared as a charter amendment and placed on the ballot for the consideration of the qualified electors of the Village. Page 3 V. SIGNATURES This report was adopted by a 7 — \ roll call vote of the Financial Policy Committee this 18th day of June , 1996. The concurring members have signed below. / Broncek am Davitian 4—tr..z ,r jaei Robert Maggs Joe I. Rasco John Thomson Onofre Torres Page 4 Respectfully Subm . ted by: J¢hn Waid hairman Guido H nguan7o, Jr., CMC Village erk ADDENDUM A MINUTES OF THE MEETINGS OF THE FINANCIAL POLICY COMMITTEE MINUTES FINANCIAL POLICY COMMITTEE VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, APRIL 18, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the chairman at 8:10 a.m. Present were committee members Gerald Broucek. Sam Davitian, William Hodgson, Robert Maggs, Joe Rasco, John Thomson, Onofre Torres. and Chairman John Wald. Village Clerk Guido Inguanzo was also present. At the request of the chairman. each member presented themselves to public. The committee reviewed the purpose and considerations of the committee outlined by the Village Council as follows: Purpose The committee will review all aspects of the three proposed O'Reilly charter amendments and existing Village financial policy and their impact on the Village's Master Plan, Goals and Objectives, Fiscal Year 1996 Capital Budget, and the Five Year Capital Improvement Plan. The committee will examine whether the existing policy should be changed and in so doing, make recommendations on each of the proposed charter amendments or any other proposals that the committee wishes to recommend. Considerations Items to be considered include, but are not limited to: a) Definitions of debt (i.e. what debt should be included and/or excluded if a debt limit policy is adopted by the Village); b) Review of current and proposed requirements for voter approval of debt and a specific recommendation in that regard; and c) The proper vehicle for any specific change in the financial policy that should be adopted (i.e. modified financial policy, ordinance or charter amendment). Pagel oft April18, 1996 The committee scheduled its next meeting for Tuesday, April 23, 1996, at 8:00 a.m. The meeting was adjourned at 8:55 a.m. t RespeFtfully subuteitted: Guido H. , nguanzo, Jr., CMC Village C Approved by the Committee tl ' 7th ' ayy of M':r 1996: John ' aid Cl irman IFAPERSONDECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TOANYMATTER CONSIDEREDATA MEETING 01? HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD LNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES FINANCIAL POLICY COMMI 111 E VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 23, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. ROLL CALL: The meeting was called to order by the chairman at 8:05 a.m. Present were committee members Gerald Broucek, Sam Davitian, Ron Drucker, William Hodgson, Robert Maggs, Joe Rasco, John Thomson. Onofre Torres. and Chairman John Waid. Also present were Village Clerk Guido Inguanzo and Finance and Administrative Services Director Jack Neustadt. 2. MINUTES: There were no minutes submitted for the committee's consideration. 3. ORDER OF BUSINESS: At the request of the committee. Finance Director Neustadt discussed types of governmental debt including general obligation bonds, revenue bonds, special assessments, and special taxing districts. The director and committee discussed the Village's current debt. The committee reviewed the Village's balance sheet for Fiscal Year 1995 and discussed the reserve funds. The committee scheduled its next meeting for Tuesday, April 30, 1996, at 8:00 a.m. 4. ADJOURNMENT: There being no further business, the meeting was adjourned at 10:15 a.m. Page 1 of 2 Apri123, 1996 Respe tfully : ubnitted:. 7 Guido H. I : uanzo, Jr., CMC Village C erk Approved by the Committee th' th ay of 1996: Wald airman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANTIMATTER CONSIDERED AT MEETING OR HEARING, THAT PERSON WIT L NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 2 of 2 MINUTES FINANCIAL POLICY COMMI1 I'EE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, APRIL 30, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET. SECOND FLOOR The meeting was called to order by the chairman pro tem at 8:10 a.m. Present were committee members Gerald Broucek, Julio Carillo. Sam Davitian, Ron Drucker, William Hodgson, Joe Rasco, Onofre Torres, and Chairman John Waid (arrived at 8:30 a.m.). Also present were Village Clerk Guido Inguanzo and Finance and Administrative Services Director Jack Neustadt. Mr. Hodgson nominated Mr. Rasco to serve as chairman pro tem. The nomination was seconded by Mr. Broucek and adopted by unanimous consent. Mayor John Festa addressed the committee regarding the Village's financial policy. Councilman Hugh O'Reilly addressed the committee regarding debt. There was extensive discussion regarding the Village's current financial policy and the adoption of a debt policy. There being no further business. the meeting was adjourned at 9:50 a.m. Rap bmitted: Guido 11. uanzo, Jr., CMC Village lerk Approved by the Comm' e th• . ay j ay. IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 of MINUTES FINANCIAL POLICY COMMITTEE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 7, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the chairman at 8:05 a.m. Present were committee members Gerald Broucek, Julio Carillo, Sam Davitian, William Hodgson, Joe Rasco, John Thomson, and Chairman John Waid. Committee members Ron Drucker, Robert Maggs and Onofre Torres were absent. Also present was Village Clerk Guido Inguanzo. Mr. Hodgson made a motion adopting the minutes of the meetings of April 18, 1996, April 23, 1996, and April 30, 1996. The motion was seconded by Mr. Rasco and adopted by unanimous consent. The clerk read a statement from Mr. Onofre Torres regarding recommendations for the consideration of the committee. Mr. Jerry Chioca, of Rachlin Cohen and Holtz, the Village's auditing firm, and Percy Aguila, the Village's financial advisor. participated in discussions with the committee. Mr. Thomson presented his proposed draft committee report for the committees review. Councilman Hugh O'Reilly, Mayor John Festa and Finance and Administrative Services Director Jack Neustadt addressed the committee. The meeting was adjoured at 10:15 a.m. Respe - Ill b ,ged: Guido H. P : uanzo, Jr., CMC Village CL k IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY 3 ATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, :SLAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. MINUTES FINANCIAL POLICY COMMI I I EE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 14, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the chairman at 8:10 a.m. Present were committee members Gerald Broucek, Julio Carillo, Sam Davitian, Robert Maggs, William Hodgson, Joe Rasco, John Thomson, and Chairman John Waid. Also present was Village Clerk Guido Inguanzo. The committee continued its discussions regarding a definition of debt, long term debt policy, reserve and surplus funds policy, and manner in which such policies should be implemented by the Village. The committee, by consensus. concurred on the following issues: A. Long Term Debt. Long term debt shall be defined as all monies owed by the Village for a period greater than twelve months. Enterprise Fund debt shall be included in long term debt unless the fund is fully supported by user fees. B. Policy Options. Debt service shall not exceed fifteen percent of the General Fund expenditures and total debt shall not exceed one percent of the total assessed value of the Village. No debt shall exceed thirty years or the useful life of the project. The meeting was adjourned at 10:10 a.m. Guido 11.1 guano, lr., C IC Village erk IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND. FOR SUCH PURPOSE. MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. MINUTES FINANCIAL POLICY COMMI 11 hE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 21, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET. SECOND FLOOR The meeting was called to order by the chairman at 8:00 a.m. Present were committee members Gerald Broucek, Julio Cariilo, Ron Drucker, Sam Davitian, William Hodgson, Robert Maggs, Joe Rasco, John Thomson. Onofre Torres. and Chairman John Waid. Also present was Staff Assistant to the Village Clerk Vivien Mauri. The committee discussed the Village's borrowing options based on different scenarios. The committee discussed proposed definitions of long term debt. The committee discussed options relating to the use of reserve and surplus funds. Councilman Hugh O'Reilly participated in discussions with the committee. The following members of the public addressed the committee: Mortimer Fried; Martha Broucek; and Heidi Archibald. The meeting was adjourned at 10:45 a.m. RespecK(u11� ysrib , tied: Guido H I guano, Jr., C Village r k Ap • by the Co «' ee this 18tL da Jun 96: IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE. MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. MINUTES FINANCIAL POLICY COMMI1 ILE VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 28, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the chairman at 8:10 a.m. Present were committee members Gerald Broucek, Julio Carillo, Sam Davitian, Ron Drucker, William Hodgson, Robert Maggs, Joe Rasco, John Thomson, and Chairman John Waid. Also present was Village Clerk Guido Inguanzo. The committee discussed and concurred on the following policies: Long Term Debt. All monies owed by the Village for period greater than twelve months. That portion of Enterprise Fund debt which is fully supported by user fees shall not be included in Long Term Debt. Enterprise funds are defined as funds established to account for operations which are financed and operated in an independent and a self-liquidating manner. The expense of providing goods or services to the public on a continuing basis (including depreciation) must be finance or recovered entirely through user fees. Limits on Long Term Debt. Long Term Debt of the Village shall not exceed one percent of the total assessed value of the Village and the annual debt service shall not exceed fifteen percent of the General Fund expenditures whichever is greater. Limits on Reserve Funds. To provide for emergencies, the Village should maintain reserve funds which should not exceed twenty percent of the General Fund expenditures, but shall not be less than $2,000,000.00. Restricted reserve funds are excluded from this definition. Surplus Funds and Excess Revenues. Funds available at the end of a fiscal year shall be used to either reduce debt or to reduce taxes in the next fiscal year (as determined by the Council). Policy Exceptions. Long term Debt limits established above regarding maximum debt service and maximum total debt shall not be increased or exceeded unless approved by a majority of the qualified electors of the Village voting in a referendum election on such a measure. Page 1 of 3 May 28, 1996 Mr. Hodgson made a motion recommending to the Council the adoption of "Long Term Debt" as a definition. The motion was seconded by Mr. Carillo and adopted by unanimous consent. Mr. Hodgson made a motion recommending to the Council the adoption of "Limits on Long Term Debt" as a financial policy. The motion was seconded by Mr. Davitian and adopted by unanimous consent. Mr. Rasco made a motion recommending to the Council the adoption of "Limits on Reserve Funds" as a financial policy. The motion was seconded by Mr. Davitian and adopted by unanimous consent. Mr. Drucker made a motion recommending to the Council the adoption of "Surplus Funds and Excess Revenues" as a fmancial policy. The motion was seconded by Mr. Davitian and adopted by unanimous consent. Mr. Thomson made a motion recommending to the Council the adoption of "Policy Exceptions" as a financial policy. The motion was seconded by Mr. Drucker and adopted by unanimous consent. Mr. Thomson made a motion recommending to the Council that the "Limits on Long Term Debt" be placed on the ballot as a charter amendment. The motion was seconded Mr. Carillo. Dr. Maggs offered an amendment to the Thomson motion that all of the policy items be placed on the ballot. There was no second to the motion. The Thomson motion was adopted by a 5 - 3 roll call vote. The vote was as follows: Committee Members Carillo, Davitian, Hodgson. Rasco, and Thomson voting Yes. Committee Members Broucek, Drucker, and Maggs voting No. The committee scheduled its final meeting for June 18, 1996. The meeting was adjourned at 11:05 a.m. Page 2 of 3 May 28, 1996 Resp bmitted: Guido . Inguanzo, Jr., CMC Villa, ' Clerk Approved by the Committee day ofJ,i' .1996 Waid airman IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE .THAT A VERBATIM RECORD OF THE PROCEIDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 3 of 3 MINUTES FINANCIAL POLICY COMMI11LE VILLAGE OF KEY BISCAYNE TUESDAY, JUNE 18, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the chairman at 8:10 a.m. Present were committee members Gerald Broucek, Ron Drucker, Julio Carillo, Sam Davitian, William Hodgson, Robert Maggs, John Thomson, Onofre Torres, and Chairman John Waid were present. Also present was Village Clerk Guido Inguanzo. 2. AGENDA: There were no changes to the agenda. 3. APPROVAL OF MINUTES: Mr. Drucker made a motion adopting the minutes of the meetings of May 7, 1996. May 14, 1996, May 21, 1996, and May 28, 1996. The motion was seconded by Mr. Hodgson and adopted by unanimous consent. 4. DISCUSSION: The committee discussed a proposed final report. Mr. Thomson offered an amendment to page 3 of the report as follows: "The committee also recommended that Policy 1 (Limits on Long Term Debt) and Policy 2 (Limits on Reserve Funds) be prepared as a charter amendments and placed on the ballot for the consideration of the qualified electors of the Village. The motion was seconded by Dr. Maggs and failed on a 7 - 1 voice vote. The vote was as follows: Mr. Thomson voting Yes. Messrs. Broucek, Carillo, Davitian, Drucker, Hodgson, Maggs, and Torres voting No. Mr. Drucker made a motion adopting the committee report. The motion was seconded by Mr. Davitian and adopted by a 7 - I roll call vote. The vote was as follows: Messrs. Broucek, Carillo, Davitian, Drucker. Hodgson. Maggs, and Thomson voting Yes. Mr. Torres voting No. 5. ADJOURNMENT: The meeting. was adjourned at 8:55 a.m. Guido III . amo, .h., CMC Village - k IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON HILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATLHRECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Village of Key Biscayne Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Raymond P. Sullivan Betty Sime Financial Policy Committee John Waid, Chairman Gerald Broucek Julio Carillo Sam Davitian Ron Drucker William Hodgson Robert Maggs Joe I. Rasco John Thomson Onofre Torres 85 West McIntyre Street Kev Biscayne. Florida 33149. (305) 365-55.11 • Fax: (305) 365-87936 • Internet: http://vkb.key-biscayne.fl.us MISSION STATEMENT: "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT? EXHIBIT 13 FINANCIAL POLICY COMMITTEE John Waid, Chairman Gerald Broucek Julio Carrillo Sam Davitian Ron Drucker William Hodgson Robert Maggs Joe I. Rasco John Thomson Onofre Torres RESOLUTION NO. 96-25 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA; EXPRESSING APPRECIATION FOR THE COMMITMENT AND DEDICATION OF REVEREND JOHN B. CRIMMINS FOR HIS YEARS OF COMMUNITY SERVICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Reverend John B. Crimmins has served the community as the pastor of the Key Biscayne Presbyterian Church for the past four years; and WHEREAS, shortly after his arrival, Reverend John B. Crimmins and the Key Biscayne Presbyterian Church provided emergency shelter for citizens of the community in the aftermath of Hurricane Andrew; and WHEREAS, under the leadership of Reverend John B. Crimmins, the Key Biscayne Presbyterian Church has generously shared their facilities with the community for special events, ceremonies, inter -faith and ecumenical ventures; and WHEREAS, Reverend John B. Crimmins and the Key Biscayne Presbyterian Church have provided guidance for the youth of our community through their youth ministry NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS; Section 1. That the Village Council hereby commends Reverend John B. Crimmins for his four years of committed service to the residents of Key Biscayne. Section 2. That a copy of this resolution shall be presented to Reverend John B. Crimmins in appreciation of his commitment and dedication to the Village and its residents. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOP 1'ED this 10th day of September, 1996. YOR JOHN F. FESTA ATTEST: er OCELYN $ALIANO GOMEZ, ACTING VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 9, 1996, the Village Council adopted Resolution No. 96-21 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1996 and further scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 12, 1996 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 12, 1996, 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 12, 1996, 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, 1996 through September 30, 1997 be and is hereby fixed at the rate of .003606 mils which is $3.606 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, 1996 through September 30, 1997 be and is hereby set at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, on Thursday, September 26, 1996, 7:00 p.m. Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing as required by law. PASSED AND ADOPTED this 12th day of September , 1996. YOR JOHN F. FESTA AT PEST: /(OCELiN GAhIANO GO 1 , AC G VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-27 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, 1996 THROUGH SEPTEMBER 30, 1997 PURSUANT TO FLORIDA STATU I E 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 12, 1996, the Village Council adopted the "Tentative Millage Rate" of 3.606 mills (Resolution 96-24), for the fiscal year commencing October 1, 1996 and further scheduled the final public hearing required by Section 200.065 of the Florida Statutes to be held on September 26, 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 26, 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 "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 millage ratefor 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 .003606 mills which is $3.606 per thousand dollars of assessed property within the Village of Key Biscayne. Section 2. That the roll -back rate is .003606 mils and the final millage rate is .003606 -- which is 0% percent under the roll -back rate. Section 3. This resolution shall be effective immediately upon its adoption by the Village Council. PASSED AND ADOP I'ED this 26th day of September , 1996. MAYOR JOHN F. FESTA ATTEST: YOCELYN GALIANO GALIANO, ACTING VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-28 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF LUISA B. DE LA PEZUELA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Luisa B. De La Pezuela moved to Key Biscayne with her husband six years ago; and WHEREAS, Luisa B. De La Pezuela served on the Board of Directors of the Emerald Bay Building at Key Colony; and WHEREAS, Luisa B. De La Pezuela participated in the Key Biscayne chapter of the American Cancer Society; and WHEREAS, Luisa B. De La Pezuela served on the Village Clerk Search Committee; and WHEREAS, Luisa B. De La Pezuela was an active member of the community during her years on 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 Luisa B. De La Pezuela. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of October , 1996. %I "awe, CONHITA H. ALVAREZ, VILLAGE CLERK YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: kr / RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-29 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 20-26, 1996, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS. city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, the Florida Institute of Government and Kids Voting Florida have joined together to teach students about municipal government through a project entitled "My City...I'm Part of It, I'm Proud of It"; and WHEREAS, "My City...I'm Part of it, I'm Proud of It" is a series of activities for students in grades K-12 that provides actual hands-on experience in elections, city administration and political decision making; and WHEREAS, this project's success depends upon the participation of city and school officials, community leaders and others in these activities; and WHEREAS, "My City...I'm Part of It, I'm Proud of It" encourages all registered voters to participate in the elections process, particularly in the November 1996 General Election which will decide several state constitutional and national issues placed on this ballot of significance. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village of Key Biscayne does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and CONCHITA H. ALVAREZ, VILLAGE CLERK celebrated accordingly. Section 2. That the Village of Key Biscayne does encourage educational partnerships between Village government and schools. Section 3. That the Village of Key Biscayne does support and encourage all city governments to actively promote and sponsor "Florida City Government Week." PASSED AND ADOPTED this 15th day of October , 1996. YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY -2- RESOLUTION NO. 96-30 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING OCTOBER, 1996, AS THE FIRST ANNUAL INVASIVE NONNATIVE PLANT ERADICATION AWARENESS MONTH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, invasive nonnative plant species are invading the remaining natural systems throughout the State of Florida; WHEREAS, invasive nonnative species are released from their natural biological constraints when introduced to Florida, enabling them to out -compete native plants, thereby disrupting the biological integrity and functions of natural systems; WHEREAS, increasingly large sums of taxpayer dollars will be required annually in the coming years to control invasive nonnative plants on public conservation and recreation lands, waterways and productive estuaries and agriculture lands in the State; WHEREAS, each resident can help to improve the health of the environment, natural beauty and biological and agricultural health of the State for our residents, visitors and future generations by assisting in the removal of invasive nonnative plants, and by use of native plants and noninvasive nonnative plants in landscaping projects; and WHEREAS, numerous grassroots citizen organizations in the State have developed volunteer programs to eradicate invasive nonnative plants from public natural areas; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA THAT OCTOBER 1996 IS THE FIRST ANNUAL INVASIVE NONNATIVE PLANT ERADICATION AWARENESS MONTH IN THE VILLAGE OF KEY BISCAYNE, AND ENCOURAGE ALL RESIDENTS TO TAKE PART IN EFFORTS TO REMOVE INVASIVE NONNATIVE PLANTS TO PROTECT THE LONG-TERM ENVIRONMENTAL HEALTH, NATURAL DIVERSITY AND BEAUTY OF ALL OF KEY BISCAYNE, AND THE STATE OF FLORIDA. PASSED AND ADOPTED this 15th day of October , 1996. A HITA H. ALVAREZ, VILLAGE CLERIC OR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-31 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 Commerce, 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 15th day of October , 1996. OR JOHN F. FESTA ATTEST: CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ACCEPTING A DONATION IN THE AMOUNT OF $4,000.00 FROM OCEAN CLUB DEVELOPMENT AND $1,000 FROM TANEMBAUM-HARBER CO., INC. FOR THE PURCHASE OF TECHNICAL RESCUE EQUIPMENT FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, according to state and federal regulations, the various storm water sewer sites in the Village are considered to be confined space and trenching operations; and WHEREAS, most confined space and trench rescue incidents may result in multiple injuries and/or deaths among workers and rescuers alike; and WHEREAS, the proper training and equipment is essential to an adequate preparation for such incidents; and WHEREAS, the Fire Rescue Department has implemented the necessary training programs for its personnel; and WHEREAS, the Fire Rescue Department is in need of technical rescue equipment for its specialized rescue and recovery capabilities; and WHEREAS, Ocean Club Development Company and Tanenbaum-Harber Co., Inc. Have proposed the donation of $5,000,00 for the purchase of this equipment. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council accepts a donation in the amount of $4,000.00 from Ocean Club Development Company and $1,000.00 from Tanenbaum-Harber Co., Inc. for the purchase of Fire Rescue Department's specialized rescue and recovery equipment. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15 Day of October 1996. ATTEST: ast% daw CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK RESOLUTION NO. 96-33 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 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 15th day of October , 1996. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; COMMENDING JAMES M. DOWD FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 23, 1992, the Board of Trustees adopted Ordinance 92-14 which established code enforcement regulations and created the Office of the Special Master; and WHEREAS, on July 27, 1993, the Village Council appointed James M. Dowd to serve as the Village of Key Biscayne's Special Master; and was subsequently reappointed on two occasions, on August 16, 1994, and on July 11, 1995; and WHEREAS, James M. Dowd served for three terms as the Special Master; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council commends James M. Dowd for his service to the Village of Key Biscayne as a Special Master. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6 day of November , 1996. &c /44 ATTEST: ,ada- ONCHITA H. ALVAREZ, VILLAGE JERK MOTOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED SECOND AMENDMENT TO LEASE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SUNTRUST BANK, MIAMI, N.A., FLORIDA, FOR INCLUSION OF ADDITIONAL LEASED PREMISES AT 85 WEST MCINTYRE STREET, KEYBISCAYNE, FLORIDA; 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 second amendment to lease agreement, on behalf of the Village, with SunTrust Bank, Miami, N.A., Florida, for inclusion of additional leased premises at 85 West McIntyre, Street, Key Biscayne, Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1996. - F. FESTA, MAYOR A)(75 -a, CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: F.41142.1.1 '"'`.1.1 `1-4 RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-35A A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE QUALIFIED ELECTORS OF KEY BISCAYNE TO VOTE NO ON THE DEBT CAP CHARTER AMENDMENT SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1997; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council by consensus voted on July 9, 1996 to instruct the Charter Review Committee to study debt limiting language for a Charter amendment; and WHEREAS, on January 21, 1997 there will be a Special Election providing for the qualified electors of Key Biscayne to vote on the proposed debt limit Charter amendment as presented by the Debt Cap Petitioner Committee; and WHEREAS, the Financial Policy Committee had unanimously recommended that enterprise funds not be included in the definition of debt for the purposes of calculating debt limit; and WHEREAS, the Debt Cap Petitioner Committee has acknowledged that enterprise funds are included in debt limit calculations for their Charter Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Council opposes the amendment of the Debt Cap Petitioner Committee. Section 2. The Council recommends that the voters of Key Biscayne vote no on the amendment at the January 21, 1997 Special Election. Section 3. So that this Charter amendment will be voted on by the people having full knowledge of its immediate and long-term effects on the Village, the Council directs the Manager and staff prepare the necessary information to inform the public as to the implications of the proposed Charter amendment and its impact on future projects, and authorizes the appropriate expenditures. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOP TED this 6th day of November , 1996. 9:91 - MAYOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: rsu RICHARD . WEIQ GE ATTORNEY RESOLUTION NO.96-35B A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENT TO THE VILLAGE CHARTER PROVIDING FOR DEBT AND DEBT SERVICE LIMITS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Dade County Charter Section 5.03 and Village Charter Section 6.02(a) (ii) a petition (the"Petition") has been filed by electors of the Village to propose an amendment to the Village Charter to establish limits on debt and debt service; and WHEREAS, the Petition was certified as sufficient by the Acting Village Clerk on September 27, 1996. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for the 21st day of January, 1997 to present to the electors of the Village of Key Biscayne (the "Village") the ballot question provided in Section 3 of this Resolution. Section 2. That balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. at the regular polling places for Village elections. All qualified electors residing within the Village shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PETITION OF ELECTORS AND AN ENABLING RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON JANUARY 21, 1997, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. Title: Village of Key Biscayne Debt and Debt Service Limits (Petitioners Committee Proposed Charter Admendment) Shall the Village Charter be amended to limit: a) the Village's debt to 10 of assessed value of all property in the Village; and b) annual debt service to 15% of General Fund expenditures; and to allow the electors to alter either of the above limits by referendum. "Debt" means any long term obligation of the Village which is not required to be paid within one year of its incurrence. Shall the above -described amendment be made? Yes No Section 4. That the full text of the proposed amendment, as set forth in the Petition, is to amend Section 4.10 "Borrowing" of the Charter of the Village by adding the new matter shaded below, as follows: Section 4.10 Borrowing: pebta The te; " means a long tern. s w V 1l.age wl ach is not req�a r d to e paid xcri inurrence, The Village shall incur no debt unlessthe incurrence of such debt is approved by at least five (5) councilmembers. 2 pere Appeal. 4l : The ni t ser�xi ' een percent l j £ the ex age or he. it 'all {d7 'the electors of the Vi11 g urge call: axz dstux-es he Section 5. That copies of this Resolution and the Petition proposing the Charter amendment are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and will be available for public inspection during regular business hours until 7:00 p.m. on the day of the election. Section 6. That if a majority of the qualified electors voting on the proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. Section 7. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 14th day of November , 1996. VILLAGE CLERK Approved as to Legal Sufficiency: VILLAGE ATTORNEY 103001\RESOLUTION\DEBT 3 RESOLUTION NO. 96-36 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES IN PREPARING A LONG-TERM BEACH MANAGEMENT PLAN FOR THE VILLAGE KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DA 1 L. WHEREAS, the Village Council supports the Long -Term Beach Nourishment and Shoreline Protection; WHEREAS, the Village Council has approved the funding of the Long -Term Beach Management Plan for the Village; WHEREAS, long-term planning for beach preservation is deemed necessary by the Village Beach Resource and Management Task Force, Brian Flynn of the Metropolitan Dade County Department of Environmental Resources Management, and the Village Council; and WHEREAS, Coastal Systems International, INC., Coral Gables, Florida, has submitted the attached agreement to perform certain professional services in conjunction with the preparation of said Long -Term Beach Management Plan; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Coastal Systems International, INC., Coral Gables, Florida, for the provision of professional services relating to the preparation of the Long -Term Beach Management Plan for the Village of Key Biscayne, subject to the recommendations and approval of the Village Attorney. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this :.14th day of November , 1996. ITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICIIKRD J. WEISS, VILLAGE ATTORNEY Village Council John F. Festa, Mayor John Waid, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Stine Raymond P. Sullivan Village Manager C. Samuel Kissinger TO: The Hon able Mayor and Members of the Village Council Office of the Village Manager October 9, 1996 MEMORANDUM FROM: C. San>J{ issinger Village Manager Preparation of the Long -Term Beach Management Plan for the Village In accordance with the suggestions of the Village Beach Resource and Management Task Force, and with the passing of the budget for Fiscal Year 1997, the attached resolution has been drafted for your approval. The development of a Long -Term Beach Management Plan for the Village of Key Biscayne, is absolutely necessary to insure proper preparation for future beach preservation activities. This Long -Term Beach Management Plan will allow the Village to foresee and plan for funding, material, and contractor requirements associated with beach nourishments, is anticipated to help alleviate problems with future permitting for beach preservation activities, and should establish, locally, State-wide, and federally, the Village's need for and dedication to long-term beach nourishment and shoreline protection. 85 West McIntyre Street Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." COASTAL SYSTEMS COASTAL SYSTEMS INTERNATIONAL, INC. 464SouthDixieHighway • CoralGables,Florida 33146 Te1:305/661-3655 •Fax:305/661-1914 INTERNATIONAL August 27, I996 Mr. C. Samuel Kissinger Village Manager VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 135010 RE: ENGINEERING SERVICES RELATIVE TO THE VILLAGE OF KEY BISCAYNE LONG-TERM BEACH RENOURISHMENT PROJECT, DADE COUNTY, FLORIDA Dear Mr. Kissinger: This is to submit the proposal for coastal engineering services relative to the Village of Key Biscayne Long -Term Beach Renourishment project. The following are the proposed terms of agreement for engineering services to be provided by Coastal Systems International, Inc. (Coastal Systems) for the Village of Key Biscayne (Village): PART I - COASTAL ENGINEERING ASSESSMENT The following coastal engineering evaluations will be conducted to determine the beach performance subsequent to the 1987 beach nourishment project, understand the littoral processes within the project region, and develop a long-term beach management plan. This beach management plan report will identify potential sand sources and available funding sources at Federal, State and local levels. The specific details of this engineering assessment are described in the following: a) Data Collection: Coastal Systems will collect and review available data relating to shoreline changes along Key Biscayne. Reports prepared by the US Army Corps of Engineers (COE) and other studies describing the history and performance of beach nourishment project within the project vicinity will be reviewed. Available hydrographic survey data will also be compiled within Coastal Systems' computer database to facilitate volumetric comparisons along the project shoreline and vicinity. The compiled hydrographic survey database will later be transferred to the Village for their own use. Coastal, Environmental Grvd; I ngieen g and Management 135010 Mr. C. Samuel Kissinger August 27, 1996 Page 2 b) Shoreline/Volumetric Changes and Regional Sediment Budget: Coastal Systems will calculate the historical shoreline and volumetric changes within the region using available hydrographic surveys. In addition, these available hydrographic surveys will be compared to the original project design as outlined in the COE's General Design Memorandum and as constructed during the 1987 beach nourishment project. The performance of the beach nourishment project constructed within the region will be evaluated. The historical rate of erosion or accretion along the project beach will be assessed. This evaluation of historical shoreline and volumetric changes may be utilized to identify "hot spots" along the project shoreline, where exceptional erosion rates are noted. In addition, these evaluations will assist in understanding littoral processes within the project area and in developing the optimum beach management plan. A sediment budget will be developed for the region that describes volumetric changes within specific segments established from Crandon Park south to Bill Daggs State Park. The net longshore sediment transport rate within the active littoral system within each of the established segments will be confirmed. Sand Source Evaluations: Coastal Systems will coordinate with DERM and COE to evaluate the available sources of sand fill suitable for renourishing the beach. Coastal Systems will review available geotechnical data towards assessing the quality and compatibility of these various beach fill materials. The expected performance and estimated cost of the various sand fill materials will be compared. The sand fill materials to be considered include offshore borrow sites and upland sources. The methods of construction and associated costs of using various sand fill materials will be analyzed. Conceptual Plan: Coastal Systems will develop an optimum conceptual design plan for renourishing the entire beach along the Village based on the historic erosion rate within the area. Coastal Systems will review the design plan as developed by the U.S. Army Corps of Engineers in 1987. The development of the conceptual plan will also take into consideration of the extent of the nearshore seagrasses, which will be delineated by DERM. Coastal Systems will calculate the quantity of sands required for the beach renourishment project and identify the frequency of the beach renourishment project within a 50 year time frame. The costs associated with implementation of the plan using various sand sources will be calculated. COASTAL SYSTEMS INTERNATIONAL, INC. • Coastal, Eit$r`onmental, Civil, Engineering and Management 135010 Mr. C. Samuel Kissinger August 27, 1996 Page 3 e) Funding Evaluation: Coastal Systems will explore the funding availability from the U.S. Army Corps of Engineers, the State of Florida and Dade County for implementation of this long-term beach renourishment project. Based on the above identified plan, Coastal Systems will coordinate with DERM (Dade County) to explore the feasibility of Federal participation for the project under the provisions of Section 103. Coastal Systems will also evaluate the present state funding status and coordinate with DERM to include this project in the Dade County funding application to the State. The processes and time required for obtaining the Federal, State and/or County fundings will be described in the report. The deadlines for funding applications for various regulatory agencies will be identified and incorporated into the 5 -year beach management plan schedule. The amount of funding available from various agencies will also be presented. Management Plan Report: A beach management plan report will be prepared summarizing the findings and making recommendations for the optimum design of beach renourishment along the Village of Key Biscayne. Specifically, this report will include detailed descriptions of coastal processes, sand source and funding evaluations and beach management plan. A 50 - year beach management plan will be developed, outlining quantity of sands needed for the Village over a 50 -year time span as well as identifying most cost effective sand source to meet the needs. A detailed 5 -year plan will also be included in the report. This plan will specify the details of the plan elements and sequential occurrence of each plan element towards implementing a beach renourishment project within 5 years. PART II - CLIENT DIRECTED MEETINGS The phases of services provides for all local meetings with the Village; DERM and other professionals. Specifically, Coastal Systems will attend meetings with the Village, DERM, and/or other professionals, as required by the Village, to discuss permitting and funding strategy and/or progress and review the beach management plan. Coastal Systems may also meet with the Village and/or regulatory agency staff on site to observe project status. GENERAL Fees: Coastal Systems will invoice the Village for Part I services on a percentage complete basis for the fees identified herein. Fees for Part II services will be invoiced on an hourly basis pursuant to the Rate Schedule identified in our current agreement with Dade County. Expenses, report preparation and costs relative to travel and accommodations will be invoiced separately pursuant to the above - mentioned Rate Schedule. Invoices will be submitted by the 15th of each month for the previous month's work. Invoices are to be paid within 30 days of receipt of the invoice by the Village. Invoices not paid after 30 days and COASTAL SYSTEMS INTERNATIONAL, INC. % Ciastal,'EfiVironmental, Civil, Engineering and Management 135010 Mr. C. Samuel Kissinger August 27, 1996 Page 4 not in dispute will incur interest at a rate of 1.5 percent per month. We look forward to working with you towards developing a successful beach management plan for the Village of Key Biscayne. Please return a signed copy of this agreement to us which will serve as our Authorization to Proceed. Should you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. fem Paul C. -P. Ph.D., P.E. Associate SIGNED: PL:ba DATE: Mr. Samuel Kissinger, Village Manager Village of Key Biscayne cc: Mr. R. Harvey Sasso, P.E., Coastal Systems F:IPROJECT135010\COASFALWSSIPRO.0.RD COASTAL SYSTEMS INTERNATIONAL, C. Coastal, Etivi onmental, Civil, Engineering and Management 135010 COST BREAKDOWN FOR LONG-TER M BEACH MANAGE MENT PLAN VILLAGE OF KEY BISCAYNE, DADE COUNTY, FL Project Manager Project Engineer Engineer Technician AutoCad Draft Clerical J 1. COASTAL ENGINEERING ASSESSMENT $3,047 E xpenses a) Literature Review & Data Collection b) ShorelineNolumetric Changes & Regional Sediment Budget c) Conceptual Plan d) Sand Source Evaluation e) Funding Evaluation 5 20 10 21 24 36 10 $500 100 35 8 $9,994 36 35 8 36 $4,968 $4,037 $250 24 $3,516 $250 t) Beach Management Plan Report 12 56 36 40 $7,514 $1,000 II. VILLAGE DIRECTED MEETINGS Hourly Total Hours 92 288 35 71 66 Hourly Rate ($/hr) ND TOTAL. ...... ..... ....... .. ....... $83 $64 $48 $45 $33 $7:580 $18,432 680€ 3;' 9 075 t 1350101Cost08re 10/9/96 2,00 RESOLUTION NO. 96-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO A BEACH IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports Beach Improvement and Shoreline Protection; WHEREAS, the Village Council has approved the funding of the Proposed Beach Nourishment Project; WHEREAS, the preparation of project sketches for the purpose of permitting is a necessity for Project completion; and WHEREAS, Coastal Systems International, INC., Coral Gables, Florida, has submitted the attached agreement to perform certain professional services in conjunction with the preparation of said Project; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Coastal Systems International, INC., Coral Gables, Florida, for the provision of professional services relating to a beach improvement project, subject to the recommendations and approval of the Village Attorney. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1996. IQ AVIA; JOHN F. FESTA mthdiVSe CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R I7 RICHA J. WEISS, VILLAGE ATTORNEY Village Council John F. Festa, Mayor John Wald, Vice Mayor Raul Llorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Manager C. Samuel Kissinger TO: VILLAGE OF KEY BISCAYNE Office of the Village Manager October 9, 1996 MEMORANDUM The Honorable Mayor and Members of the Village Council FROM: C. S el ssinger Villa anager RE Proposed Beach Nourishment Project - Permit Sketches and Application In accordance with the suggestions of the Village Beach Resource and Management Task Force, and with the passing of the budget for Fiscal Year 1997, the attached resolution has been drafted for your approval. As is required for permit applications for the placement of sand below the Mean High Water Line (MHWL), project sketches must be developed. These sketches will display the contours and extent to which the sand, stored on the beach during Phase I of the Proposed Beach Nourishment Project, will be recontoured during Phase 11 of this Project. As these actions are useless without the possession of beach sand, this contract will not be signed until, minimally, a specific amount of beach quality material has been officially dedicated to the Village from the Cape Florida Wetland Restoration Project. 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." COASTAL SYSTEMS INTERNATIONAL COASTAL SYSTEMS INTERNATIONAL, INC. 464SouthDixieHighway .CoralGables,Florida 33146 Tel:305/661-3655•Fax:305/661-1914 October 9, 1996 Mr. C. Samuel Kissinger Village Manager VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 135000 RE: ENGINEERING SERVICES RELATIVE TO THE VILLAGE OF KEY BISCAYNE BEACH IMPROVEMENT PROJECT, DADE COUNTY, FLORIDA Dear Mr. Kissinger: Pursuant to your request, this is to submit the proposal for coastal engineering services relative to the Village of Key Biscayne Beach Improvement project (short-term). The following are the proposed terms of agreement for engineering services to be provided by Coastal Systems International, Inc. (Coastal Systems) for the Village of Key Biscayne (Village): PART IV - CONCEPTUAL DESIGN AND PERMIT SKETCHES Coastal Systems will perform a conceptual design to regrade the upland beach dune profile and extend the profile below the Mean High Water Line. Coastal Systems will prepare permit sketches based on the Village approved conceptual design and a recent survey suitable for submittal to the Dade County Department of Environmental Resources Management (DERM), Department of Environmental Protection -Bureau of Submerged Lands and Environmental Resources (DEP), and the U.S. Army Corps of Engineers (COE) towards securing environmental permits for the short-term beach improvement project. Coastal Systems will prepare all permit sketches on CAD based on the CAD survey files. Permit sketches will be prepared on 8'/' x 11 "sized paper suitable for submittal to the regulatory agencies.. Fees for Part IV Services are Estimated to be . $3,500,00 fm Coastal, Environmental; iv tieering- and Management 135000 Mr. Kissinger October 9, 1996 Page 2 PART V - PERMIT APPLICATION AND PROCESSING Coastal Systems will assist DERM in preparing the permit application and permit processing. Coastal Systems will assist DERM in addressing any questions or concerns that may be raised by regulatory agencies. Environmental Resource Permitting (ERP) for DEP-BSL&ER and COE: As agreed, DERM restoration and enhancement staff will prepare and submit an ERP Permit application to the DEP and COE reflecting conceptual design details of the beach improvement project. Prior to this submittal, Coastal Systems and the Village will review and approve the ERP application. Upon approval, DERM will submit the formal ERP application to the appropriate regulatory agencies. Dade County DERM: DERM will also prepare and process the required DERM Class I permit application to Dade County reflecting conceptual design details of the proposed project. Prior to submittal, Coastal Systems and the Village will review and approve the application. Coastal Construction Control Line (CCCL) Permit Application: DERM staff will also prepare and submit a CCCL permit application to DEP-Bureau of Beaches and Coastal Systems (DEP-BBC&CS) reflecting the approved conceptual design and permit sketches. Prior to the submittal, DERM will forward a CCCL permit application to the Village and Coastal Systems for review and approval: Upon approval, DERM will submit the CCCL application to the DEP-BB&CS. DERM will maintain contact with DEP-BB&CS, DEP-BSL&ER, COE and DERM regulatory staff to answer questions, clarify the proposed construction, and expedite permit approval after submittal of the incompleteness summary response. DERM staff will provide details of the proposed construction and respond to the incompleteness summary from the regulatory agencies. Coastal System will assist DERM in providing additional information that is presently available from the Village or within Coastal Systems' files in responding to the incompleteness summary. Fees for the Part V Services are Estimated to be $4,000 GENERAL Coastal Systems will invoice the Village for Parts III, IV, and Von an percentage complete basis as per our Professional Agreement with Dade County. Expenses except the geotechnical laboratory analysis will be invoiced separately as per Dade County agreement. The Village shall make payment to Coastal Systems upon receipt of an invoice. Invoices not paid within 30 days and not in dispute shall incur interest at the rate of 1.5% per month. The Village agrees to pay any cost of collection including reasonable attorney's fees incurred whether or not a suit is commenced or an appeal is taken. COASTAL SYSTEMS INTERNATIONAL, INC. • o s4I;�Efonmental, Civil, Engineering and Management p9 135000 Mr. Kissinger October 9, 1996 Page 3 Please sign this agreement and return a signed copy to us which will serve as our authorization to proceed. We are looking forward to this opportunity to work with the Village of Key Biscayne to restore and maintain the beach. Should you have any questions, please contact me. Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. Paul C. -P. in, Ph.D., P.E. Associate SIGNED: DATE: Mr. C. Samuel Kissinger Village Manager PL:ba Attachment AFIPROJECT135000\COASTAL VCISS4PRO.RPD COASTAL SYSTEMS INTERNATIONAL, INC.. Coastal, Environmental, Civil, Engineering and Management VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 9 day of , 19 fl by and between the Village of Key Biscayne (the "VILLAGE") and Coastal SystemskInternational, Inc.. (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described under the Section 1, Scope of Services of 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 as provided for in this Agreement. The CONSULTANT will: See Exhibit 1. 2. FLES FOR SERVICES The CONSULTANT agrees to charge the VII LAGE for Specified Services provided in accordance with the following fee schedule: Not to exceed $7,500. The CONSULTANT will issue an invoice once a month including signed copies of all invoices for each calendar month for the work which has been completed. Said invoice is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the CONSULTANT for the faithful performance of this Agreement, inlawfiil money of the United States of America. 3. PERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph 4. GENERAL PERMS AND CONDITIONS All work papers and documents that result from the CONSULTANT providing Specified Services shall be the property of the VIII AGE. 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 worker's compensation insurance (as required by law), public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limit in the amount of Three Hundred Thousand Dollars ($300,000.00) per occurrence for personal injury and property damage liability. The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable or subject to change without written notice to the VILLAGE 30 days prior to the effective date of said cancellation or change. 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 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 resulting from the award or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 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 for all acceptable work performed up to the date of termination. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILJ AGE 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. NOTICES All notices and communications to the CONSULTANT or VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered, certified mail, postage prepaid, or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Consultant: 13. GOVERNING LAW C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attomey Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Pan] C. P. Lin, Ph.D., P.E. Coastal Systems International 464 South Dixie Highway Coral Gables, Florida 33146 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: Coastal Systems International Inc. 464..South Dixie Highway Coral Gables, i ri4a 33146 By: Attest: VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Bisc�nq, Florida $3149 By: C. Samuel Kiss Attest: Approved as to legal sufficiency: Village At orn Village Manager 0 INTERNATIONAL COASTAL SYSTEMS INTERNATIONAL, INC. 464SouthDixieHighway • CoralGables,Florida 33146 Tel:305/661-3655 • Fax:305/661-1914 October 9, 1996 Mr. C. Samuel Kissinger Village Manager VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 135000 RE: ENGINEERING SERVICES RELATIVE TO THE VILLAGE OF KEY BISCAYNE BEACH IMPROVEMENT PROJECT, DADE COUNTY, FLORIDA Dear Mr. Kissinger: Pursuant to your request, this is to submit the proposal for coastal engineering services relative to the Village of Key Biscayne Beach, Improvement project (short-term). The following are the proposed terms of agreement for engineering services to be provided by Coastal Systems International, Inc. (Coastal Systems) for the Village of Key Biscayne (Village): PART IV - CONCEPTUAL DESIGN AND PERMIT SKETCHES Coastal Systems will perform a conceptual design to regrade the upland beach dune profile and extend the profile below the Mean High Water Lme. Coastal Systems will prepare permit sketches based on the Village approved conceptual design and a recent survey suitable for submittal to the Dade County Department of Environmental Resources Management (DERM), Department of Environmental Protection -Bureau of Submerged Lands and Environmental Resources (DEP), and the U.S. Army Corps of Engineers (COE) towards securing environmental permits for the short-term beach improvement project. Coastal Systems will prepare all permit sketches on CAD based on the CAD survey files. Permit sketches will be prepared on 8'/2" x 11 "sized paper suitable for submittal to the regulatory agencies.. Fees for Part IV Services are Estimated to be . $3,500,00 Coastal, Environmental, C,}vil, Engineering and Management 135000 Mr. Kissinger October 9, 1996 Page 2 PART V - PERMIT APPLICATION AND PROCESSING Coastal Systems will assist DERM in preparing the permit application and permit processing. Coastal Systems will assist DERM in addressing any questions or concerns that may be raised by regulatory agencies. Environmental Resource Permitting (ERP) for DEP-BSL&ER and COE: As agreed, DERM restoration and enhancement staff will prepare and submit an ERP Permit application to the DEP and COE reflecting conceptual design details of the beach improvement project. Prior to this submittal, Coastal Systems and the Village will review and approve the ERP application. Upon approval, DERM will submit the formal ERP application to the appropriate regulatory agencies. Dade County DERM: DERM will also prepare and process the required DERM Class I permit application to Dade County reflecting conceptual design details of the proposed project. Prior to submittal, Coastal Systems and the Village will review and approve the application. Coastal Construction Control Line (CCCL) Permit Application: DERM staff will also prepare and submit a CCCL permit application to DEP-Bureau of Beaches and Coastal Systems (DEP-BBC&CS) reflecting the approved conceptual design and permit sketches. Prior to the submittal, DERM will forward a CCCL permit application to the Village and Coastal Systems for review and approval: Upon approval, DERM will submit the CCCL application to the DEP-BB&CS. DERM will maintain contact with DEP-BB&CS, DEP-BSL&ER, COE and DERM regulatory staff to answer questions, clarify the proposed construction, and expedite permit approval after submittal of the incompleteness summary response. DERM staff will provide details of the proposed construction and respond to the incompleteness summary from the regulatory agencies. Coastal System will assist DERM in providing additional information that is presently available from the Village or within Coastal Systems' files in responding to the incompleteness summary. Fees for the Part V Services are Estimated to be $4,000 GENERAL Coastal Systems will invoice the Village for Parts III, IV, and V on an percentage complete basis as per our Professional Agreement with Dade County. Expenses except the geotechnicai laboratory analysis will be invoiced separately as per Dade County agreement. The Village shall make payment to Coastal Systems upon receipt of an invoice. Invoices not paid within 30 days and not in dispute shall incur interest at the rate of 1.5%per month. The Village agrees to pay any cost of collection including reasonable attorney's fees incurred whether or not a suit is commenced or an appeal is taken. COASTAL SYSTEMS INTERNATIONAL, INC: oas4ali,Environmental, Civil, Engineering and Management 135000 Mr. Kissinger October 9, 1996 Page 3 Please sign this agreement and return a signed copy to us which will serve as our authorization to proceed. We are looking forward to this opportunity to work with the Village of Key Biscayne to restore and maintain the beach. Should you have any questions, please contact me. Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. Paul C. -P. in, Ph.D., P.E. Associate SIGNED: . C. Sam el Kissinger illage Manager PL:ba Attachment AF: WROIEC U350001COASTALWSS4PRO.WPD DATE: l Z1 Z3P0 COASTAL SYSTEMS INTERNATIONAL, INC. • Coastal, Environmental, Civil, Engineering and Management ACORD `CERTIF 1 CATE OF LIABIL TY INSURANCE CSR CE DATE (MM DD YY) PRODUCER ACEC/Marsh & McLennan 10 South Broadway St. Louis MO 63102 Phone No. 800-648-7631 Fax No. 314-621-3173 INSURED Coastal Systems Int'l Inc. Ms. Vivian Miller 464 S. Dixie Highway Coral Gables FL 33146 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Hartford Insurance Company COMPANY B COMPANY C COMPANY D TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/TY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S &.CONTRACTOR'S PROT GENERAL AGGREGATE 4 PRODUCTS - COMP/OP AGG 4 PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE Any one firel 4 MED EXP (Any one person) AUTOMOBILE. =HUT' ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) 4 PROPERTY DAMAGE 4 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 4 OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY UMBRELLAFORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL 84WJAV2884 11/01/96 11/01/97 K WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT 4100,000 5500,000 $100,000 EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS AMEND CANCELLATION CLAUSE CERTiflCPLTE DER: VILLAGE OF KEY BISCAYNE ATTN: C. SAMUEL KISSINGER VILLAGE MANAGER 85 WEST MCINTYRE STREET KEY BISCAYNE FL 33149 ACORD 25-5 21 /35) VILLKEY ANP4PAPPR O flflMM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPR NE .. _ , - ' ACORb PORPORIATION 7988 ';. NATIONWIDE INSURANCE t4MISnwfde 1a on your aids CERTIFICATE. OF INSURANCE WSWt reg. eao a wed Vm • comma ems _'. The cc peny Indicated below Certifies that the insurance afforded by the policy or policies numbered and described below Is in ford as of the effective date of this certfftcate. This Certificate of Insurance does not Mend. extend, or otherwise 'titer the Terms and Conditions of Insurance coverage contained in any policy metered end described below. CERTIFICATE BOLDER: VILLAGE OF KEY BISCAYNE AtTR SAMUEL KISSINGE.R AMGR es NEST MCINTYRE STREET KEY BISCAYNE. FL 33149 INSURED: COASTAL SYSTEMS INTERNATIONAL INC 464 5 DIXIE HNY CORAL GABLES. FL 33146 TYPE OF TMSDRARCE POLICY RUNNER i ISSUING CO. POLICY 'FF. DATE POLICY EXP. DATE LIMITS Of LIA6141TY (*LIMITS AT INCEPTION) L1ASTLITt (1) Liability and Medical Expense (1] Personal and Advertising Injury IX] Radical Expenses [X] Fire Legal Liabtlity ( ] Other Liability T7 -PR -176895-0001 NATIONWIDE MUTUAL INSURANCE CO. 01-20-96 01-20-97 Any one occurrence $ Any One Person/Org $ ANY PERSON 1 Any One Fln or Explosion $ General Aggregate* Prod/Cony Ops Aggregate• 1 1,000,000 1,000.000 5.000 50,000 1,000,000 AUTOMOBILE LIAJTLl YY (X) BUSINESS AUTO (X] Owned [1) Hired [X] Ron -Owned 77 -BA -176895-3003 NATIONWIDE MUTUAL INSURANCE CO, 01-20-96 01-20-9/ 8odtly Injury (Each Person) S (Each Accident) S Property Ong. (Each Accident) S Combined Single Limit ,., S 500,000 EXCESS LUAMILiFY ( ] Umbrella Form Each Occurrence f Prod/Comp Ops/Dlsease , Aggregates [ ] Workers' taspenseticn end [ ] Elaployen' Liability STATUTORY LIMITS BODILY INJURY/ACCIDENT ... Bodily Injury by Disease EACH EMPLOYEE 1 Bodily Injury by Disease POLICY LIMIT S Should any of the above described polities be cancelled before the expiration date, the Insurance coapany will mall 30 days written notice to the above named certificate holder. Effective Dote of Certificates 01-06-1997 Date Certificate Issued: 01-06-1997 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS A00 ABOVE CERTIFICATE MOLDER AS ADDITIONAL IN50, ALSO. Authortsad Representative: RANDALL L. ITEM Countersigned at: 1229 NORTH STATE R0A0 7 NOLL171000. FL 33021 RESOLUTION NO. 96-38 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING NATIONAL EPILEPSY AWARENESS MONTH, NOVEMBER 1996; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and grain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two-thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious worker in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA THAT NOVEMBER 1996 IS THE NATIONAL EPILEPSYAYVARENESS MONTH IN THE VILLAGE OF KEY BISCAYNE, AND ENCOURAGE ALL RESIDENTS TO TAKE PART IN THIS CELEBRATION. PASSED AND ADOPTED this 19th Day of November , 1996. ATT Al- oZadV ITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY ;a 7 iii:./AYOR JOHN F. FESTA RESOLUTION NO. 96-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE QUALIFIED ELECTORS OF KEY BISCAYNE TO VOTE NO ON THE DEBT CAP CHARTER AMENDMENT SPECIAL ELECTION TO BE HELD ON JANUARY 21, 1997; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council by consensus voted on July 9, 1996 to instruct the Charter Review Committee to study debt limiting language for a Charter amendment; and WHEREAS, on January 21, 1997 there will be a Special Election providing for the qualified electors of Key Biscayne to vote on the proposed debt limit Charter amendment as presented by the Debt Cap Petitioner Committee; and WHEREAS, the Financial Policy Committee had unanimously recommended that the portion of Enterprise Fund Debt which is fully supported by user fees shall not be included in the Long Term Debt for the purposes of calculating Debt limit; and WHEREAS, the Key Biscayne Council recognizes the efforts of the Financial Policy Committee and the Council will enact an Ordinance with the precise recommendations of the Committee and the Council incorporates by reference said Ordinance; and WHEREAS, the Debt Cap Petitioner Committee has acknowledged that enterprise funds are included in debt limit calculations for their Charter Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Council opposes the amendment of the Debt Cap Petitioner Committee. Section 2. The Council recommends that the voters of Key Biscayne vote no on the amendment at the January 21, 1997 Special Election. Section 3. So that this Charter amendment will be voted on by the people having full knowledge of its immediate and long-term effects on the Village, the Council directs the Manager and staff prepare the necessary information to inform the public as to the implications of the proposed Charter amendment and its impact, on future projects. CONCHITA H. ALVAREZ, VILLAGE CLERK Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2nd day of December , 1996. lam 1YOR JOHN F. FESTA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING EFFORTS OF ISLAND DEVELOPERS AND RESIDENTS OF FISHER ISLAND TO ENDORSE THE MIAMI-DADE WATER AND SEWER DEPARTMENT'S PROPOSED COMPREHENSIVE SLUDGE MANAGEMENT PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Island Developers and residents of Fisher island have brought to the attention of the Village of Key Biscayne problems which originated from the emission of odors resulting from the treatment, drying and stockpiling of sludge at the Virginia Key Wastewater Treatment Plant (hereinafter "The Plant"); and WHEREAS, Island Developers and residents of Fisher island have brought to the attention of the Village of Key Biscayne a proposal by the Director of the Miami -Dade Water and Sewer Department to adopt a comprehensive sludge management program which includes entering into three long-term contracts which will provide for the off -site disposal of dewatered sludge to locations outside of Dade County; and WHEREAS, Island Developers and residents of Fisher Island have brought to the attention of the Village of Key Biscayne that such contracts will be presented to the County Commission at its meeting on December 3, 1996; and WHEREAS, Island Developers and residents of Fisher island have brought to the attention of the Village of Key Biscayne their desire to support the proposal of the Director of the Miami - Dade Water and Sewer Department; and WHEREAS, the Village Council desires to support the efforts of Island Developers and the residents of Fisher Island to remediate the odors emanating from the Plant into the surrounding area through the off -site removal of dewatered sludge. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the above recitals are hereby confirmed. Section 2. That the Village Council hereby expresses its support for the efforts of Island Developers and the residents of Fisher Island to endorse the Miami -Dade Water and Sewer Department's Comprehensive sludge management program which includes the County entering into three long-term contracts for the disposal of dewatered sludge to locations outside of Dade County. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 26th day of November , 1996. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 96-41 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR THE VILLAGE COUNCIL'S REQUEST TO THE LEGISLATIVE DELEGATIONS OF DADE COUNTY TO PROPOSE LEGISLATION TO AMEND CHAPTER 163, FLORIDA STATUTES, THEREBY EXEMPTING COMMUNITIES OF CERTAIN SIZES AND DEGREE OF BUILD - OUT FROM THE COMPREHENSIVE PLAN PROCESS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 163, Part II, cited as the Local Government Comprehensive Planning and Land Development Regulation Act, mandates the preparation, adoption, evaluation and, where required, amendment of comprehensive plans by local government to guide and control future development; and WHEREAS, Florida Statutes, Chapter 163, Part II, cited as the Local Government Comprehensive Planning and Land Development Regulation Act, identifies required elements of the comprehensive plan to ensure the orderly and balanced future economic, social, physical, environmental and fiscal development of the area within the jurisdiction of a local government; and WHEREAS, the Village of Key Biscayne, Florida (hereinafter, the "Village"), has complied with the requirements of Florida Statutes, Chapter 163, Part II, in the adoption of a comprehensive plan and the evaluation and review of said plan; and WHEREAS, the Village comprises an area of approximately 848 acres uniquely situated within Crandon Park and Bill Baggs State Park, in which area, vacant or undeveloped lands total less than 2% acres; and WHEREAS, the recently adopted Master Plan indicates the Village has reached approximately ninety-eight percent (98%) of build -out based upon the densities identified in the Future Land Use Element of the Village's Master Plan; and WHEREAS, the intent of the comprehensive planning process is to provide for future growth and the recently completed required Master Plan indicates the opportunity for future development in the Village is very low; and WHEREAS, as required by Florida Statutes, Chapter 163, Part II, cited as the Local Government Comprehensive Planning and Land Development regulation Act, the Village has adopted and implements land development regulations which ensure that required infrastructure is available prior to the impact of future development. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. It is the desire of the Village of Key Biscayne that Florida Statutes, Chapter 163, Part II, cited as the Local Government Comprehensive Planning and Land Development Act, be amended to provide local governments the ability to exempt themselves from the preparation, adoption, evaluation and required amendment of a comprehensive plan, if those local governments meet the following minimal criteria: a. The vacant and undeveloped land within the jurisdiction of the local government is less than fifteen percent (15%) of the total developable area within that government's jurisdictional boundaries; b. The year round permanent population of the local government does not exceed 10,000 persons. Section 2. The Legislative Delegations for Dade County is hereby requested to include this proposed amendment to Florida Statutes, Chapter 163, Part II, as part of its 1997 Legislative proposals to the Florida Legislature and to prepare any and all necessary bills to enact this proposed legislation. Section 3. This resolution shall take effect immediately upon adoption. 91(1 PASSED AND ADOPTED this 10th day of December , 1996. YOR JOHN F. FESTA CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICI-L6kRD J. WEISS, VILLAGE ATTORNEY JO N F. FESTA, MAYOR RESOLUTION NO. 96-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED GRANT AGREEMENT ON BEHALF OF THE VILLAGE, WITH KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION, A NON-PROFIT FLORIDA CORPORATION, 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 Grant Agreement, on behalf of the Village, with Key Biscayne Technology Trust, a non-profit Florida Corporation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of December , 1996. ATTEST: l CONCHIT ALVAREZ, VILLAGE CLERK tart APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEIS , LLA E ATTORNEY RESOLUTION NO. 96-43 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH PLANNING &. FINANCING CONSULTING TEAM SERVICE, A FLORIDA CORPORATION, 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 Agreement, on behalf of the Village, with Planning & Financing Consulting Team Service, a Florida Corporation. Section 2. The Consultant shall provide meeting assistance and report summaries regarding the potential Key Biscayne Community Center. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th; day of December , 1996. CONCHITA ALVAREZ, VILLAGE CLERK APPROVEDASTO FORM AND LEGAL SUFFICIENCY: S line\ RICHARD J. WEISS, VILLAGE ATTORNEY