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HomeMy Public PortalAbout1999 AllRESOLUTION NO. 99-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the citizens of Metropolitan Dade County have authorized the issuance of general obligation bonds (the "Bonds") for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreational facilities; and WHEREAS, to implement and give effect to the bond program, Miami- Dade County, Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values. To promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the project more specifically listed below have been identified for reimbursement pursuant to the terms of the ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the acts contemplated by this resolution are conditions to obtaining a grant; and WHEREAS, the Village of Key Biscayne wishes to make application for grant monies for the projects listed below subject to all terms and conditions of the Ordinance; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne, does hereby authorize the Village Manager to make application for a grant for the projects and in the amounts listed below, and in connection with such application to execute such grant agreement and other contracts and documents, to expend Safe Neighborhood Parks bond funds received for the purposes described in the funding request, to execute any necessary amendments to the grant application and contracts, and take such other acts as may be necessary to bind the Village of Key Biscayne and accomplish the intent of this resolution. Application shall be made with the respect to each of the following projects (the "projects") in the amounts set forth below. Grant Title Year One Funding Total Grant Key Biscayne 1999-2000 $293,750 Community Center Land Acquisition Section 2. The Village of Key Biscayne shall complete each of the Projects in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the total cost of a Project exceeds the value allocated in the grant, then the Village of Key Biscayne will provide any supplemental funds required to complete the Project. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that supplemental funds are needed, the Village of Key Biscayne will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of grant funds. The requirement for the Village of Key Biscayne to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3. The Village of Key Biscayne recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated or restored with bond funds, including the Projects, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion, belief, residence, natural origin, marital status or disability and sexual orientation. Section 4. To the extent allowed by law, the Village of Key Biscayne shall commit any and all funds which may be required to operate, maintain and provide programming at each park project upon its completion. Section 5. No substitution in capital project funding by the Village of Key Biscayne shall occur as a result of the grant for which the Village of Key Biscayne is applying. PASSED AND ADOPTED this 12th day of January , 1999. YOR JOE I. RASCO CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEG RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED EASEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution Z-15-98 was passed and adopted on May 26, 1998 allowing three unmanned cellular communication antennas on the existing guyed pole tower facility and to build a new 425 -square -foot prefabricated equipment building on the subject property NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with BellSouth Telecommunications for an easement agreement as per attachment. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of Januua , 1999. R JOE I. RASCO T: CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED5 TO FORM AND LEGAL SUFFICIENCY: RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RE -AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A BUILDING PERMIT SYSTEM FROM SIERRA COMPUTER SYSTEMS, INC.; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE BY PROVIDING FOR A NEW FEE TO PAY FOR THE COST OF PURCHASING AND MAINTAINING THE BUILDING PERMIT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1993 the Villager Council authorized the Manager to enter into a contract with Sierra Computer Systems. Inc. to purchase and install a building permit system; and WHEREAS, in 1993 the Village and Sierra Computer System Inc. mutually stopped the installation of the system; and WHEREAS, the Sierra "Permits Plus" version is a windows based environment which includes a significant number of upgrades over the system that was originally contemplated by the Village in 1993; and WHEREAS, the Building Official has found that the current Filemaker Database system is inadequate in that it fails to provide the administration with an effective way to produce reports, tracking of plans, inspections, permits, licenses, and violations. WHEREAS, pursuant to Section 2-85 of the Key Biscayne Code, it is impractical to re -bid this project as the Sierra Computer Systems Inc. has agreed to provide a credit of $17,664.80 which was previously paid; and WHEREAS, Sierra Computer Systems, pursuant to Section 2-86 of the Key Biscayne Code, has recently gone through a competitive bidding procedure leading to the award of the bid or contract that is substantially similar to the bidding procedure that is used by the Village; and 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 by the Village; and WHEREAS, the Village Council has determined that the users of the building permit system should pay for the cost of purchasing and maintaining said system. WHEREAS, the Building Official and the Building, Zoning, and Planning Director has determined that the current building database program is inadequate as it does not provide the capability of tracking plans and producing reports that are required by the South Florida Building Code. EXHIBIT "N' That the Building, Zoning, and Planning Fee Schedule is hereby amended to include the following fee: N. PERMIT SYSTEM FEES For every building permit (building, electrical, public works, plumbing, mechanical, signs and zoning) a fee of six dollars ($6.00) shall be assessed. These fees shall be used to purchase and maintain the building permit system including software and upgrades. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is re -authorized to purchase a building permit tracking system from Sierra Computer Systems, Inc. and to execute the attached agreement. Section 2. That Sierra Computer Systems Inc. has completed a bid and award procedure with another governmental authority (Miami Beach RFP # 55-97/98) that is substantially similar to the competitive bidding procedure that is used by the Village (Section 2-86 of the Key Biscayne Village Code). Section 3. Funding to complete the purchase, installation and continued maintenance and software support of the Sierra Permit Plus System will be paid from revenues generated by a fee (R0000 -1-329) as indicated in Exhibit "A" thereby amending the Building, Zoning, Planning Fee Schedule accordingly. Section 4. Payment for the internet software shall occur at the completion of the installation of the entire Permit Plus System. Section 5. That this resolution shall take affect immediately upon adoption. PASSED AND ADOPTED this 12th day of January 1999. ATT T: C 1 HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL S RICHARD J. WEISS, VILLAGE ATTORNEY This document was prepared by: VI/ -Y Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Dept. MAYOR JOE I. RASCO RESOLUTION NO. 99- 4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE FIRST SERVE AT THE LIPTON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY FOR THE HOMELESS AND THE ASHE- BUCHHOLZ TENNIS CENTER AT MOORE PARK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lipton Championships in conjunction with the First Serve at the Lipton desires to conduct a benefit program for the Community Partnership for the Homeless and the Ashe- Buchholz Tennis Center at Moore Park on Tuesday, March 16, 1999 at the Tennis Center at Crandon Park, (the "Event"), and WHEREAS, Miami -Dade County in their letter dated June 9, 1998, marked Exhibit A and attached to this Resolution, addressed to the Village Attorney, Jose H. Scrota, Weiss Serota Helfinan Pastoriza & Guedes, P.A., provided the Village with assurances that the agreement of the Village to permit the Event will never be considered by the County as a waiver of the Village's right to enforce the Declaration limiting the use of the Tennis Center at Crandon Park in the future, and that the Village's agreement to allow the Event will not be considered an admission of any kind that this Event or future events are consistent with the Declaration. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The First Serve at Lipton Fund Raising Program Event on March 16, 1999, is hereby approved in reliance upon and in accordance with the terms and conditions as outlined in a letter dated January 6, 1999, marked Exhibit B and attached to this Resolution, addressed to the Village Manager from the Vice President, Community Affairs, The Lipton, Mr. Tom Annear, and subject to the condition that all net program proceeds shall benefit the Community Partnership for the Homeless and the Ashe-Buchholz Tennis Center at Moore Park. Section 2. The Declaration concerning the use of the Lipton Center shall remain in full force and effect, and the Village reserves the right to strictly enforce such Declaration. Section 3. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of January , 1999. ATT,]ST: 4 dig CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEG MAYOR JOE I. RASCO RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99- 5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE MIAIVH-DADE ORDINANCE AMENDING ARTICLES I, H, III AND IV IF CHAPTER II A OF THE CODE OF MIAMI DADE COUNTY TO PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION IN HOUSING, CREDIT AND FINANCE, PUBLIC ACCOMMODATIONS AND EMPLOYMENT; AMENDING ARTICLE VI RELATING TO THE OFFICE OF FAIR EMPLOYMENT PRACTICES TO REQUIRE MIAMI-DADE COUNTY TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY WITHOUT REGARD TO SEXUAL ORIENTATION, PROVIDING SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne is committed to the traditional and fundamental values of fairness and equality and to the principle that all persons should be treated fairly, without discrimination, in employment, public accommodations, credit and financing practices and housing accommodations, and WHEREAS, the members of the Village Council share a deep and fundamental respect for the diversity of the Miami -Dade County community, and support endeavors to ensure equal opportunity to all members of the Miami- Dade County community, and WHEREAS, the Village Council agrees with and supports the fundamental principal that an individual's ability should not be measured with regard to their race, color, religion, ancestry, national origin, sex, pregnancy, age disability, marital status or financial status, and WHEREAS, the Village Council endorses the principle that individuals should not be discriminated on the basis of their sexual orientation in employment, public accommodations, credit and financing practices and housing accommodations. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Council applauds the action of the Miami -Dade Commission in enacting Miami -Dade Ordinance 98-170 dealing with discrimination. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of January 1999. YOR JOE 1. RASCO c,5 CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED ` Se 1TO^FORM' /A , G 3c��?E�% ' CY: i r RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-6 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 ENGINEERING SERVICES FOR THE PROPOSED 1999 VILLAGE BEACH NOURISHMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has supported beach preservation as a first priority through dedicated funding, resolutions, and preparation for the pending beach nourishment; and WHEREAS, the Village Manager's Office has worked toward a full beach nourishment since September, 1995; and WHEREAS, the Village Council adopted the Long Range Beach Nourishment Plan for the Village of Key Biscayne, Dade County, Florida on October 28 1997, via Resolution No. 97-55, which outlines the requirements and time frames for Village beach nourishments over the next 50 years, including a 120,000 cubic yard nourishment in 1999; and WHEREAS, the Village Council authorized the Village Manager to contract Coastal Systems International, Inc. for general professional engineering services on August 25, 1998, via Resolution No. 98-41; and WHEREAS, sound and intensive engineering is the cornerstone of any successful beach nourishment; and WHEREAS, investigation of the quality and quantity of sand in the offshore area approximately two (2) Hiles southeast of the Cape Florida Lighthouse, known as the "Key Biscayne Borrow Site" and used for the 1987 Key Biscayne beach nourishment, is absolutely necessary for determining the feasibility of this area as a sand source as well as for permitting and final construction designs; WHEREAS, the cost of the engineering work provided for in this resolution will be defrayed by contributions from the State and County governments. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Coastal Systems International, Inc., for professional engineering services for the Proposed 1999 Village Beach Nourishment. Section 2. This proposal was calculated with cost estimates and contingencies, as State of Florida environmental requirements and associated costs can only be determined on a compounding phase by phase basis. Section 3. The Village Manager is hereby authorized to execute each phase separately for the work contained in the attached agreement, with a cost not to exceed $395,000 plus reimbursables. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of January , 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK se -4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO SCOPE OF WORK VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT PART I — INITIAL FIELD INVESTIGATIONS a) Bathymetric Survey: An updated bathymetric survey of the borrow area is required to confirm the extent of the area and to meet permitting requirements far the project. The existing bathymetric survey as obtained from Miami -Dade- County Department of Environmental Resources Management (DERM) is more than 6 months old and therefore, is not in compliance with code requirements (Chapter 62B-33 F.A.C.) and policies of the Department of Environmental Protection (DEP). This survey is also required to confirm existing data to avoid potential complications and/or change orders from the dredging contractor during construction. b) Hydrographic Survey: Coastal Systems will conduct a detailed hydrographic survey within the Village of Key Biscayne (Village). The hydrographic survey will be performed at 1,000 feet on center between DEP monuments R-90 and R-113. Additional profile lines will be obtained at 500 feet on center between DEP monuments R101 and R108. The survey will extend from a baseline placed landward of the active beach system to 2,500 feet offshore, or to a depth of 30 feet. This hydrographie survey data will be compared to previous Comity data in order to analyze the extent of recent erosion. This survey will be utilized in: the preliminary design of the beach renourishment project and in all phases of the project planning, permitting, and funding: c) Aerial Photography: Concurrent with the field investigations, Coastal Systems will set horizontal and vertical ground control points required for future aerial mapping. The location and elevation of seven (7) designated control points within the project vicinity will be established. These control points will be sufficiently marked to provide aerial targets for low altitude aerial photography. This photography will be used in the permitting and design phases of the project. Coastal Systems will coordinate with an aerial photography firm to obtain targeted aerial photography of the project area from the DEP Reference Monument R-101 through R- 107, Miami -Dade County. The photography will be centered on the local shoreline. Aerial photographs will be obtained at a scale of 1"=500' on 9"x 9" contact prints. d) Jet Probes: Coastal Systems will perform an initial geotec ntca i jpstigarion to "deteThaine the= dative conleeit ifidc apij mate sediment thickness at locations throughout the borrow area. This analysis will assist in determining the limits of the borrow area and the quantity of available beach quality material. The data will be used to optimise further geotecbnical investigations including vibracores and sub -bottom mapping. In addition, this analysis is required to estimate the extent of gravel that could potentially be placed on the beach. This analysis -will assist in developing a dredging plan that will be used to obtain the 120,000 cubic yards of material specified for this project. Coastal Systems will obtain approximately thirty-five (35) jet probes within the Borrow Area. Resource Mapping: Coastal Systems' marine biologists will assist and coordinate with DERM to assess the extent of any hardbottom and biological resources (seagrass) adjacent to both the proposed file site and borrow site. The map to be provided by the County will provide sufficient information for the regulatory agencies to fully understand the characteristics of the hardbottom or seagrass areas within the limits of the proposed project Base Map: Bathymetric survey data, collected in the field by Coastal Systems, and the hydrographielcontrol survey data collected by other sub -consultants will be reduced to the Florida state plane coordinate system for representation on the survey plan. The location of ,pore boring data from the US. Army Corps of Engineers (COE) will be identified on the base map, Resource map information from DERM will also he placed on the base map. Contours reflecting bottom elevations at:. 1 -foot intervals within the nearshore (hydrographic survey) and offshore,(bathymetrin survey) will be illustrated on theersarvey base map.;' PART 11— DETAILED GEOTECHNICAL INVESTIGATIONS Sub -Bottom Profiling: Coastal Systems will work in conjunction with a qualified subcontractor to obtain a detailed sub bottom survey of the borrow area . The survey will be performed using an X -star CF11R'P Full Spectrum Digital Sub -Bottom Profiler or equivalent combined with Differential Global Positioning System (DGPS), Sub -bottom profile transects will be obtained every 100 feet in a west to east orientation, and every 200 feet traveling in a north to south orientation, This will result in approximately 50 sub -bottom profile lines that Will be used in conjunction with the previous geotechnical investigations to provide4he thickness of unconsolidated sediment layers and the location of any significant rock rubble or coral fragments. The sub -bottom, profiling system will be calibrated using the avaiable jet probe and; vibracore data, A Coastal Systems engineer will Oversee the operation to ensure that accurateand reliable results are obtained. This investigation will assist Coastal Systems in accurately'', delineating the boundaries of usable beach ;quality fill material and ensure that coral;, and rubble fragments are not placed on the beach Vibracores within Borrow Area: Vibracores will be obtained within the borrow area to facilitate a detailed ` understanding of the sub -bottom sediment characteristics. Approximately three days of vibracoring will be conducted to achieve a minimum of ten (10) cores at predetermined locations within the borrow area. Ageotechnical analysis will be performed on all cores to determine the relevant sediment characteristic ncludingf but ndr limiletfo;-4edimenwsize distribution (niclud`tng silt content), mean sediment size, layer thickness, and sediment color. The information obtained through this analysis will be used to define the borrow site areas that contain sediment characteristics meeting the Village's sand specifications. PART III — CONCEPTUAL DESIGN a) Compile Data and Review Reports: Coastal Systems will collect and review available data necessary for evaluation of historic and current beach erosion at the project site. Specifically, the data to be collected and reviewed will include, but will not be limited to, hydrographic surveys, aerial photographs, regional reports and studies, sediment characteristics, geotechnical information, sand sources and sea turtle nesting data. Reports prepared by the COE and other studies describing the history and performance of the 1987 beach renourishment project within the project area will be reviewed. Available hydrographic survey data will also be compiled to facilitate volumetric change comparisons along the project shoreline and vicinity. Reevaluate Coastal Processes: Coastal Systems will reevaluate historic shoreline and volumetric changes in combination with an assessment of the wave climate and potential for sand movement. This analysis will facilitate a general understanding of sediment movement and/or stability of the Village's shoreline. Environmental Assessment: Coastal Systems will document the environmental characteristics and summarize potential influences of the proposed beach renourishment project on the environment. Site characteristics of the beach and uplands will be presented along with topographic and bathymetric data. The meteorological, oceanographic, and littoral conditions influencing the project shoreline will be summarized. The resources adjacent to the borrow area and along the project shoreline will also be addressed. Conclusions regarding the optimum design for this project will be outlined and recommendations for avoiding and/or mmimizmg impacts will be presented. Conceptual Design: Based on the coastal engineering findings, a conceptual design of beach renourishment along the project shoreline will be determined. The design will identify the extent of the beach renourishment with specific berm height and width and construction slope of beach profile. The quantity of sand required for the beach renourishment project and renourishment frequency will also be identified. e) Report: A report summarizing coastal engineering findings and conceptual design will be provided. This report will also summarize information regarding natural resources within the project area, and address concerns that may be raised by regulatory agencies during permit processing. The report will include a description of the short-term and long-term improvements that are being proposed, the associated design and construction costs, and a schedule for project implementation.. This document will be submitted to the regulatory agencies to facilitate pern it approvals for the project. PART IV — PRE -APPLICATION CONSULTATIONS Coastal Systems will attend an initial joint meeting with the DEP Bureau of Beaches and Coastal Systems and the COE to prase —third -ademign- details of"tlie "proposed construction: and`i - en areas of staff concerns. Coastal Systems will subsequently maintain contact with regulatory staff and prepare for and attend up to two (2) additional meetings with the DEP and COE to finalise the acceptable design details of the proposed construction. Coastal Systems will prepare a conference report for each meeting documenting the discussions and summarizing DEP's and 3 COE's acceptance as to the specific design elements. These reports will serve as DEP's and COE's conceptual approval and will become the basis of the final design. PART V - CLIENT DIRECTED MEETINGS Coastal Systems will attend meetings with the Village asrequired to present the findings of the field investigations and or conclusions of reports. Coastal Systems will be available to discuss permitting and finitling strategy and may also be available to meet with Village staff and/or regulatory agencies on site to observe project status and discuss details for project implementation. Coastal Systems may also attend council meetings that the Village Manager requires to present project status and implementation strategy for the beach renourishment project. PART VI - FUNDING Coastal Systems will coordinate with the Village and the, Florida Department of Environmental Protection — Bureau of Beaches and Coastal Systems (DEP) to obtain state -reimbursement fiends for beach renourishment. Coastal Systems will continue to inaintainregular communication with the DEP staff and provide guidance to the Village throughout the state's funding process. PART VII- Timms-ri & Permit Applications/Permit Sketches: Coastal Systems will prepare permit sketches and a Joint Coastal Permit application suitable for submittal to the DEP and COE toward securing environmental permits for the proposed beach renourishment project. Permit sketches 'will -reflect sand fill placement both along the uplands as a dune and below mean high water forbeach expansion. In addition, the permit sketches will reflect details of the proposed borrow area. Coastal Systems will utilize the conceptual design, as developed previously in preparing permit sketches. The Dade County sand search investigations will be utilized ;for identifying the optimum borrow area for this project. Coastal Systems will prepare Sketches on CAD based on survey files. Permit sketches will be prepared on 8 %2' x 14" sized paper suitable for submittal to the DEP. Coastal Systems will also prepare and submit a DERM Class I permit application toward securing the required lbcal approval for dredge and fill activities. Coastal Systems will provide the Village with a draft copy of the permit sketches and permit applications along with a spreadsheet of construction fill quantities. Coastal Systems will meet 'with the Village to review the permit sketches and receive comments. Upon completion of the Village's review, Coastal Systems will prepare and submit eight (8) original copies of signed and sealed permit sketches along with an executed Joint Coastal Permit and DFRM Class 1 applications to the DEP, COE, and DERM to initiate the review process. Processing: Coastal Systems will maintain contact with the DEP,COE, and DERM to answer staff questions, clarify the proposed design elements, and expedite permit approval. Upon response from the regulatory agencies, Coastal Systems will confer with the Village as to questions, revisions or additional items that may be required by the 4 DEP, COE and DERM.- Coastal Systems will respond to the completeness summaries utilizing existing data or data acquired and developed under this contract. Coastal systems will represent the Village before the regulatory agencies toward securing a final Joint Coastal Permit and Class 1 approvals. In addition, Coastal Systems will secure the following additional approvals that will be required. Please note the following: (i) Coast Guard Approval: Miami -Dade County has requested that lighted buoys be placed to mark the boundaries of the borrow site for confirmation of dredge positioning: In addition, no swim buoys are required by the permitting agencies to delineate the pipeline corridor. Coastal Systems will submit permit applications and process the necessary Coast Guard approval. (ii) State Lands Title Determination/Easement: Coastal Systems will coordinate with DEP State Lands to obtain title determinations and easements for work proposed on State owned lands. Specifically, the title determination and easement is required for work proposed to fill sovereign submerged lands, and the dredging; of the borrow site. PART VIII - PRELIIIINARY AND FINAL DESIGN a) Preliminary Design: Coastal Systems will prepare a preliminary design of the beach renourishment project based on the conceptual design drawing previously prepared by Coastal Systems and approved by the Village and regulatory agencies. Coastal Systems will meet with the Village to review the preliminary design and to identify any minor changes that the Village may require. Coastal Systems will then prepare final design drawings incorporating minor revisions (to preliminary drawings) identified by the Village b) Final Design: The final design drawings will include details and technical specifications suitable for construction of the beach renourisbment project. The design will also include details of the selected offshore borrow site and detailed dredging specifications. Actions required during project implementation to avoid any adverse environmental impacts will also be specified. Coastal Systems will prepare final construction cost estimates based on the approved plans. In addition, Coastal Systems will prepare special provisions upon acceptance of' all the construction drawings and plans, general specifications, and permits. PART IX - CONSTRUCTION ADMINISTRATION a) Bidding and Contract Award: Coastal Systems will prepare a bid package for submittal to qualified dredging contractors interested in bidding for the proms_ beach x renourislaraent-prepx t The canst udtio s`iiiidrp?ans genera specrfrcatrons, and special provisions will be distributed with the contract documents after advertisement of the job. A bid date will be set and bids will be received by the Village. Coastal Systems will assist the Village in evaluating bids and in awarding a construction contract. 5 Construction Administration: Site visits by a Coastal Systems engineer will be made on an average of five days per week, and a weekly inspection report will be prepared summarizing construction progress. Coastal Systems will observe construction to ensure that the work is preceding in accordance with the DEP, COE, and DERM permits and design plans and specifications. The first site visit shall consist of a Pre -Construction Conference between Coastal Systems, the Village, contractor(s) and regulatory agencies to review the scope of work as prescribed in the contract documents., Coastal Systems will assist the Villagein evaluating the periodic and final payments to the contractors. Coastal Systems will maintain the necessary documentation for funding applications and reimbursements. PART X - PRE & PosT- CoNRrRUcr[oN MONITORING a) Hardbottom and Biological Resource Communities: Coastal Systems will observe the condition of the hardbottom and seagrass communities surrounding the borrow area and the project shoreline prior to construction; bi-weekly during construction, and immediately foiiowing construction. Video surveys will be used to document the existing conditions prior, during and immediately after construction. This video record willr`be reviewed by a marine biologist and serve to confirm whether any impacts to the natural resources may be attributable, to the dredge and fill operation. All video documentation will be enhanced by a data overlay illustrating DGPS coordinates, date, and time. This DGPS correlation ()factual reef locations enables proper comparison of subsequent video records. If damage is found during construction, Coastal Systems will notify the agencies and submit a description of the damage and a plan to remedy (or mitigate) the damage in a timely manner' as outlined in the Specific Permit Conditions. After the final report has been submitted, Coastal Systems will consult with the regulatory agencies and compare the pre- and post -construction surveys to assess impact and determine if mitigation is required. Water 'Quality Monitoring: Coastal Systems will coordinate the necessary water quality monitoring to ensure that prescribed water quality standards are not exceeded._ Services may include obtaining water samples prior to construction and within the downdrift plume during construction to assess project compliance with State regulations. Coastal Systems will be responsible for the reporting of water quality measurements to regulatory agencies as deigned inthe project permits_ Pipeline Corridor: Coastal Systems will perform video surveys of the pipeline corridor prior to and immediately after pipeline placement, and immediately after removal. Pre - and post -construction surveys will be compared and analyzed to determine if impacts to the surrounding hardbottom communities or other biological resources have occurred during the pf cement and removal of the submerged pipeline. All video documentation -will be enhanced ; y awdata=overlay, i1b2stratirrg=DGPS coordinates,"date, and "tithe. Coastal Systems will consult with the regulatory agencies to assess impact and determine if mitigation is requ red. 6 d) Hard Bottom Monitoring Reports: Coastal Systems will prepare all necessary reports that are required for the hardbottom. community monitoring and will submit them to the appropriate agencies in a timely manner as outlined in the Specific Permit Conditions. Specifically, Coastal systems will prepare: • Bi-weekly monitoring reports detailing impacts, if any, to the offshore hardbottom communities due to dredge operations; • One (1) final report of the offshore hardbottom surveys incorporating the data from all surveys and detailing any change seen from the pre -construction survey; • Four (4) reports containing an analysis and discussion of the nearshore hardbottom video surveys and documenting any burial or sedimentation that has occurred; One (1) report detailing the impacts, if any, of the pipeline corridor on the hardbottom communities: Topographic and`Bathymetric Surveys: Coastal Systems will coordinate with the Contractor and/or their surveying subcontractor to conduct hydrographic surveys prior to and immediately following construction. Coastal Systems will conduct a subsequent hydrographic survey one year after construction. All surveys will be conducted from DEP reference monuments R-90 to R-113, Miami Dade County. Transect lines will be taken at each reference monument, and at 500 feet on center between reference with the renourished beach. Pre -construction and subsequent surveys will be used to determine volumetric changes along the beach and within the borrow area. Prior to construction, Coastal Systems will collect additional nearshore hydrographic survey data along the same transects surveyed by the Contrator and within the footprint of the fill project in order to confirm the accuracy of the data obtained by Great Lakes. In addition, Coastal Systems will complete twelve (12) hydrographic profiles along the new beach berm and nearshore area during construction. These profiles will be used to monitor progress of the beach fill project. Sand Sampling: In conjunction with the post -construction hydrographic surveys, sand samples along three profiles will be collected at three stations including the toe of the dune, berm mid -point, the Mean I3igh Water (MHW) contour and the equilibrium toe of fill. Additional samples will be collected during construction to monitor the quality of material that is being placed and retained on the beach. Monitoring Reports: Coastal Systems will prepare a hydrographic monitoring report for submittal to the regulatory agencies in a timely manner. Specifically, Coastal Systems will prepare an engineering report documenting the findings of the survey and sand analysis which conforms to all requirements outlined in the Special Permit Conditions. A map will be prepared detailing the areas surveyed and the sand sampling locations. Nesting Surveys and Relocation: Coastal Systems will coordinate with a_marine,turtle. peimicholder to' -perform wily early' morning nesting surveys along the project area and access sites during the DEP defined turtle nesting season. Surveys will be conducted using standard methodology and will occur between sunrise and 9 a.m. If nests are discovered that may be affected by construction, the subcontractor will relocate the nests to the nearest self -release beach site. 7 j) Sand Compaction Monitoring: Immediately and one year after construction, Coastal Systems will; perform sand compaction surveys in accordance with protocol agreed to by the U.S. Fish and Wildlife Service and the DEP. Sampling transects shall be located every 500 feet and shall consist of three sampling stations between the dune line and high water line. Three replicates measuring compaction at 6, 12, and 18 inch depths shall be taken at each station, Coastal Systems will analyze this data to determine the amount of sand compaction that has occurred. Coastal Systems will submit the compaction monitoring results to the appropriate agencies prior to any tilling actions being taken. If compaction exceeds 500 one Penetrometer Units (CPU) at any two or more adjacent stations, Coastal Systems will coordinate with a contractor to till the beach to a depth of 36 inches. If compaction exceeds 500 CPU at any two or more non -adjacent stations, Coastal Systems will consult with the appropriate agencies to determine if tilling is required. Sand tilling will, be completed before March 1 of theyear following nourishment for the ,second:monitoring period. Beach Escarpment Monitoring: Immediately and one year after construction, Coastal Systems willperform the first annual escarpment surveys within the project area to determine Whether Significant escarpments have occurred as a result of the beach nourishment. CoastalSystems.will consultwititthe DEP sous to determine the necessity for beach leveling. If escarpments are present that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet, Coastal Systems will coordinate with a contractor (Great Lakes immediately after construction) to level these to the natural beach contour by March 1, 1999 for the second monitoring period. Monitoring Report: Coastal Systems will prepare a monitoring report incorporating all necessary information and will, submit it to the appropriate regulatory agencies' in a timely manner as specified in the Specific Permit Conditions. Specifically, Coastal Systems will prepare a monitoring report including initial sand compaction results and initial beach escarpment results. In addition, Coastal Systems will coordinate with the marine turtle permit holder to prepare a report on all nesting activities and, marine turtle protection measures taken during commotion. 8 TABLE 1 COST ESTIMATE FOR PROFESSIONAL SERVICES VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT DESCR1 f1ON PART I - INITIAL FIELD INVESTIGATIONS $55,000 I $55,000 PART II -DETAILED GEOTECHNICAL INVESTIGATIONS $50,000 1 $75,000 (PART III - CONCEPTUAL DESIGN $10,000 J $15,000 PART IV FUNDING $5,000 j $10,000 PART V - PERMITTING $55,000 $70,000 PART VI - PRELIMINARY AND FINAL DESIGN $45,000 1 $55,000 PART VII - CONSTRUCTION ADMINISTRATION $30,000 1 $40,000 PART VIII - PRE. AND POST -CONSTRUCTION MONITORING (2 years Post Construction @ approximately 20,000/year) $40,000 I $50,000 PART IX - CLIENT DIRECTED MEETINGS $20,000 1 $25,000 is I�u BLANKET PROTECTOR COMMON DECLARATIONS ONATIONWIDE INSURANCE s. Nationwide is on your side ONE NAIIONWIDE PLAZA • COLUMBUS, OHIO 532152220 ISSUED BY NATIONWIDE MUTUAL INSURANCE COMPANY POLICY NUMBER 77PR176895-0001D NAMED INSURED COASTAL SYSTEMS INTERNATIONAL INC MAILING ADDRESS 464 S DIXIE HWY CORAL GABLES FL 33.146 DEC 301998 POLICY PERIOD FROM 01/20/99 TO 01/20/00 AT 12.01 A.M. STANDARD TIME Al YOUR MAILING ADDRESS, FORM OF BUSINESS CORPORATION DESCRIPTION OF BUSINESS ENGINEERS OR ARCHITECTS/CONSULTING IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE To PROVIDE YOU WITH-THE'INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE COVERAGES INDICATED AS•INCLUDED, THE PREMIUM MAY BE 'SUBJECT TO A JUSTMENT, COMMERCIAL PROPERTY COVERAGE COMMERCIAL GENERAL LIABILITY COVERAGE COMMERCIAL CRIME C IERAGE 5C MECHANICAL, ELECT AL AND PRESSURE EQUIPMENT COVERAGE COMMERCIAL INLAND NE COVERAGE COMMERCIAL AUTO C VERAGE, GARAGE COVERAGE TOTAL ADVANCE PREM$ PREMIUM INCLUDES f PREMIUM INCLUDES IRE IN THE EVENT OF C LESS THAN $100 AS4�, FORMS IN COMMON IL 00 17-1185 CAS 3228 THE NOT INCLUDEDs. INCLUDED X 3,420.00 PREMIUM PAYABLE AT INCEPTION $ 3,427.44 DA DOR•SURCHARGE $ 3.44 .M.A.P;. SURCHARGE $ 4.00 ANCLLATLON BY YOU, WE SHALL RECEIVE AND RETAIN NOT HEiMINIMUM PREMIUM. L COVERAGES IL 00 03-1185 CAS 3687 A-0194.. "'-"-IRS"ml .-SS( 4'0 4,708, 0-.4, GAINESVILLE, FL 32614 COUNTERSIGNED AT GAINESVILLE, FL BY LR 12/09/98 303/453 00034 CAS. 3200-A (01-87) ITEN 0012626 09 PAGE 001 R BLANKET PROTECTOR COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS ISSUED BY NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE 111 INSURANCE Nationwide is on your side ONE NATIONWIDE PLAZA • COLUMBUS. ONTO 13215.2220 POLICY NUMBER 77PR176895-0001D POLICY PERIOD FROM 01/20/99 TO 01/20/00 AT 12.01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT EACH OCCURRENCE LIMIT PERSONAL & ADVERTISING INJURY LIMIT ANY ONE PERSON OR ORGANIZATION .MEDICAL EXPENSE LIMIT ANY PERSON FIRE DAMAGE LIMIT ANY ONE FIRE $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 5,000 100,000 LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY LOC BLDG 001 01 ADDRESS 464 S DIXIE HWY CORAL GABLES FL 33146 013 CLASSIFICATION CODE NO. CONTRACTORS - SUBCONTRACT WORK 91585 IN CONN/W CONST, RECONST; EREC OR REPAIR OF BUILDINGS - NOC PREMIUM BASIS PRODS/COMP OPS RATE ADV PREM 67,975 3.663 INCL ENGINEERS OR ARCHITECTS - 92663 239,654 CONSULTING - NOT ENGAGED IN PROD -COMP OPS SUBJ GEN AGG LMT ACTUAL, CONSTRUCTION PROD -COMP OPS SUBJ GEN AGG LMT DRAFTSMEN 91805 PROD -COMP OPS SUBJ GEN AGG LMT PROD -COMP OPS SUBJ GEN AGG LMT 198,047 PAYROLL ALL OTHER RATE ADV PREM 1.589 INCL 7.265 INCL 1.126 INCL COMMERCIAL GENERAL LIABILITY ADVANCE PREMIUM $ 2,401 ..0 -a ----FORMS APPLICABLE -TO 'COMMERCIAL CAS 2527 8-0794 CG 00 54-0397 CAS 3392-0887 CAS 4191-0190 CG 02 20-0398 CG 21 47-1093 IL 00 21-1194 CG 20 13-1185 CG 22 43-0196 CG 21 47-1093 12/09/98 303/453 CAS. 4244 00034 EmA gels@R;.-S.w ;QV RA6 J,A T : CG 00 55-0397 CG 00 01-0196 CG 21 49-0196 CG 21 50-0989 CAS 4190-1296 PAGE 004 THIRD PARTY COPY POLICY #: 77 -PR -176-895-0001D VILLAGE OF KEY BISCAYNE ATTN: SAMUEL KISSINGER 85 WEST MCINTYRE STREET KEY BISCAYNE, FL 33149 POLICY FOR: COASTAL SYSTEMS INTERNATIONAL, INC. 464 SOUTH DIXIE HIGHWAY CORAL GABLES, FL 33146 POLICY NUMBER: 77 -PR -178-895-0001D COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART.. SCHEDULE State or Political Subdivision: Village of Key Biscayne ATTN: Samuel Kissinger 85 West McIntyre Street Key Biscayne, FL 33149 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and simitar exposures; or 2. The construction, erection, or removal of elevators; or 3. The ownership, maintenance, or use of any elevators covered by this insurance. CG 20 13 11 85 Copyright, Insurance Services Office, Inc., 1984 ACORD CERTIFICATE 0. PRODUCER ACEC/J&H Marsh & McLennan, 800 Market St, Ste. 2600 St.. Louis MO 63101-2500 Inc Phone o. 800-648-7631 FaoNo.:888-621-3173 INSURED THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND.CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THLS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFPORDING'COVERAGE COMPANY A Hartford Insurance, Company Coastal Systems Int'l Inc. Ms. Vivian Miller 464 S. Dixie Highway Coral Gables FL 33146 COMPANY g COMPANY c COMPANY D COVERAGES";:. THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE'LISTED BELOW RAVEBEENISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEDNOTWITHSTANDING ANY.REOUIREMENT, TERM OR CONDITION OE ANY CONTRACT OR OTHER -DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR .MAY pERTAINMTHE INSURANCE -AFFORDED -BY THEPOLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THEItTERMS, EXCLUSIONSANG CONDITICNSOF SUCH POLICIES. LIMITS SHOWNMAYHAVESEENREDUCED BYPAID CLAIMS._ CO LTR TYPE OF INSURANCE POLICYEFFECTIVE DATE (MM/DD/YYI POLIGYEXPIRATION DATEIMMIDDWfl LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE i OCCUR:' OWNERS F. CONTRACTORS PROT. GENERALAGGREGAYE PRODUCTS-COMP/OP AGG $ PERSONAL &ADVINJURY EACH OCCURRENCE:: eFiRERI,QAGE.GAAY k40 :MaD'FXP AUTOMOBILE UABRIFY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS MIRED AUTOS NON-OWNEDAUTOS =MEWED SINGLELIMWT EODILrINJURY (Per Porsonl $ GARAGE LIABILITY ANYAUTO ;BODILY INJURY Weracctdent) AVTOONLY• EA.ACGIDENT a $ ., A EACH ACCIDENT $ AGGREGATE $ EXCESSUABILITY UMBRELLA FORM :OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE $ A WORKER:: COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE OTHER NCL C 84WJVAV2884 11/01/38 11/01/99 X BLEACH ACCIDENT $'10O , 000 EL DISEASE POLICY LIMB $ 500,000 a DISEASE -EA EMPLOYEE i $ 100,000 C STATLT- ORY LIMITS.' DESCRIPTION OF OPERATIONS/LOCATONSNEHICLES/SPEOALITEMS. PROJECT: "VILLAGE OF KEY BISCAYNE" KEYBISS VILLAGE."''<OF REY BISCAYNE ATTN:MR. JAMES D. DECOCQ 85 WEST MCINTYRE STREET KEY BISCAYNE FL 33149 ACORD2&.S{1/95 j .. PiGELtATION .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUTFAILURE TO MAIL SUCH NOTICE SHALL JMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND WON THE COMPANY, ES AGENTS OR REPRESENTATIVES. AUTHORIZEDREPR VE 1:1 .ACORD COR:PORAT: AO-dtt L7'j'J i 11UIY i 1II3UNHNCt (ikOUP TEL NO: 050-385-2124 *37009 PAGE: 1/2 Hunt Insurance Group, Inc. P.O. Box 12909 Tallahassee, FL 32317-2909 sumo Coastal Systems International, inc. 464 8. Dade Way, 2nd Floor Coral Gables, FL 33146 THIS IS ID CERTIFY THAT THE POLICIES OF INSURANCE LISTED OELOW HAVE BEEN ISSUED TO THE INSL FED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WDtSTANUM6 ANY REQUIREMENT. TERM OR COMMON OF ANY CONTRACT OR OR 1E11 DOCUMENT WITH RESPECT TO WWGH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY The POLICIES DESCRI YED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIM$. t CO LTII THIS CERTIFICATE 1S ISSUED ABA MATTER OE INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER THE COSMSL HIS OS AAFFORDED 6'CATE DOES BYTHEE PPOOLIICI EXTEND LLOOR W.. COMPATB ES AFFORDING COVERAGE coupon A COntinentai C'snaky Co. =WANT 8 COMPANY c COMPANY D 1 'MT 0P INSURANCE KU= PRICY TSSflE KU=ETYECIYE PRICY EMPIMY SY OATEUS%0WRY1 DATERAMMOR UNITS SALUAMLRY COMPREHENSIVE FORM PREMISGSNPEMTIOH$ XPL ONi LAPSE MAURj PRGWcTWOO VLETED DEER CONTRACTUAL IAEPENOENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL IN.AAW DOILY UMW OGG 1 ROILY INANE' AGG PROPERTY DAMAGE act P ROPERTY GAMMAS ADO el FDCa+SNE000C & i PSCOMMIES) AGG P ERSONA. AWRY :ACS S $ $ $ AWOMOIRLE MARRY ANY AIJT0 ALL OWNED AUTOS (IMAM PAr1 OWNED MACS SANE NunMISPAAwgIE HEED AUTOS -,. NCFOWNEOAITOS GARAGE UAWILCY EXCESt MEW FORM THAI; ultMAE A I WORI(ENECOMPEt$4n0NRID EMOIXWERE'UABIJIY TIMPROPRIETOR1 ARE: PARTNERS/EXECUTIVE RS ARE OFFICE : A Professional Liab. AEt4 11-384-01-08 :ONCE OPERAYwRSLOCATIOxWI LLEVEPEaAIITEEII mes RBsislantEs the Village Manager Village of Key Biscayne 135 WestMd Street Key Ti" 't49— BODILY INJURY FAmmS BODILY:INANIr (PN.KdiMMI PROPERTY EMU, WNW R PROPERTY OSAGE COMBINER EACH OCCURREGE. AGGREGATE IWCT V 1AIWTS RE: Project "Vfliage of Key Biscayne" EL EACH AGCILENT FR KDISEASE - PONCE LIMIT EL DISEASE- EAEMPLOYEE Y 12/30/98 12/30/99 5500,000 per clairnlannuai aggregate $HQWD ANY OF THE ANDYE IMAM *CIM S 0e CANtBsww DEFINE TIE EXMIATON DATE TNERECF, TAE =CMG COMPANY WU. BI M0R Ta RAIL 30 DAYS EMINICTL PGTTO 10 ME CERTIFICATE HOLIER NAM O TO THE LEFT, SLIT FAILURE.MI MAO. {UflI &ONIEWISLA siFoilirmlisiuutillixteinmErrr OF ANY PDB UPON THE ODOPA TY.. RTE AGENTS OR IRPIEEEMAITYEL ADTND j.+• NEPNESIMATTYE Wunt Insurances Group, [inc. G C. 1 The company ndic'ated'ielow certifies that the insurance afforded by the policy or policies numbered and. described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described' below. ;TIFICATE.HOLDER: MR JAMES D DECOCQ ASSISTANT TO. THE' VILLAGE MGR VILLAGE OF KEY BISCAYNE 85 WEST-MCINTYR€ STREET KEY BISCAYNE. EL 33149, INSURED: COASTAL SYSTEMS INTERNATIONAL INC 464 5 DIXIE HWY CORAL GABLES, FL 33146 _ { POLICY NUMBER 1 POLICY j POLICY 1 TYPE OF INSURANCE I & ISSUING, go JEFF. DATE iEXP. DATE 1 { LIABILITY 1 77 -PR -176895-0301 101-20-98 i 01-20-99 1 (X] Liability and 1 NATIONWIDE I Medical Expense j MUTUAL I IX] Personal. and ,I INSURANCE CO- i Advertising Injuryj, I -CX3 Medical Expenses j` i LX3 Fire Legal j 1 Liability { 1 13 Other Liability LIMITS OF LIABILII (*LIMITS AT INCEPTION 1 j Any One Occurrence....;... 1000,0 , Any One Person/Org S 1.000..000 ANY ONE PERSON $ Any One Fire pr Explosion, $ 5.000 50.000'1 General Aggregate* $ 1,000.000 Prod/Comp Ops Aggregate* $ AUTOMOBILE LIABILI i [X} BUSINESS AUTO 1 (13 Owned I EX3 Hired i CX3 Non -Owned' 77 -BA -176896-3001 NATIONWIDE MUTUAL INSURANCE CO. i 01-20-98 { 01-20-99 {' I i i Bodily Injury I j I (Each Person) $ I I (Each Accident) $ I I I Property Damage 1 1' 1 (Each Accident) $ I I I Combined Single Limit $ 500.000 I EXCESS LIABILITY 1 L 3 Umbrella Form 1 STATUTORY LIMITS BODILY INJURY/ACCIDENT ... $ Bodily Injury by Disease EACH EMPLOYEE . . . ... . . . . $ Bodily Injury by Disease POLICY LIMIT $ 1., L 3 -Workers' 1 Compensation and 1 E 3 Employers` Liability { 1 Each Occurrence $ Prod/Comp Ops/Disease I Aggregate* $ Should any of the above described policies be cancelled before the expiration date, the insurance company will mail 30 days written notice to the-above-named.certtiCate holder. _ .,_..z Effective Date of Certificate: 01-20-1998 Date Certificate Issued: 12-23-1998 DESCRIPTION OF, OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS .: _ _CERTX 1tATE- HOMER ALSO_ADD't- INS`SUU^Rf'EE(D Authorized Representative: L. RAND ITEN T Countersigned at:. 5911 S UNIVERSITY DR DAVIE RESOLUTION NO. 99-7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO NEGOTIATE A PROPOSED CONTRACT FOR PURCHASE AND SALE BETWEEN THE VILLAGE AND THE ESTATE AND TRUST OF C.G. "BEBE" REBOZO, CONCERNING THE ACQUISITION OF APPROXIMATELY TWO ACRES OF LAND AT 560 CRANDON BOULEVARD BY THE VILLAGE; REQUIRING SUBMITTAL OF PROPOSED CONTRACT TO VILLAGE COUNCIL; PROVIDING EFFECTIVE DATE. WHEREAS, the Estate and Trust of C.G. "Bebe" Rebozo (the "Estate") has offered to sell approximately two acres of land (the "Land") located at 560 Crandon Boulevard to the Village, to be utilized for Village purposes; and WHEREAS, the Village Council fords that the acquisition of such Land would be in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village Manager and Village Attorney, in their respective capacities, are hereby authorized to negotiate a proposed Contract for Purchase and Sale (the "Contract") for the acquisition of the Land from the Estate and to present such proposed Contract to the Village Council for its consideration. Section 2. That the Village Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 12th day of January, 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK JOE T.1:-.A-SCOrlsvePAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 103001\resolutions\ purchase and sale contract with rebozo 2 RESOLUTION NO. 99-8 A RESOLUTION OF THE VILLAGE COUNCIL OF VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR WITH THE CONSENSUS OF COUNCIL TO ESTABLISH A ZONING ORDINANCE REVIEW COMMITTEE FOR PURPOSES OF ASSISTING STAFF IN THE PREPARATION OF A NEW ZONING ORDINANCE FOR THE ENTIRE VILLAGE. WHEREAS, the State of Florida, Comprehensive Plan legislation requires municipalities to adopt land development regulations (zoning) that are consistent with the Comprehensive Plan; and WHEREAS, the Village has only adopted zoning regulations for the single family districts and Yacht Club Property and utilizes the Dade County Zoning Regulations for the balance of the Village; and WHEREAS, the Dade County Zoning Regulations are not consistent with several development standards listed in the Comprehensive Plan; and WHEREAS, it is in the best interests of the Village and residents to adopt zoning regulations that are locally developed and supported by the citizens of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor with the eonsenus of Council is authorized to appoint to a Zoning Ordinance Review Committee composed of the following: a. Four (4) citizens b. Two (2) developers of property in the Village c. Two (2) architects who have designed buildings in the Village d. One (1) business owner e. One (1) real estate agent or broker who specializes in the sale of property in the Village f. One (1) contractor or engineer who has worked in the Village Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of January , 1999. AT CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY This document was prepared by: CAA Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Dept. MAYOR JOE I. RASCO RESOLUTION NO. 99-9 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF STORMWATER UTILITY REVENUE BONDS, SERIES 1999, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE PRINCIPAL OF THE VILLAGE'S $7,200,000 STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, IN ORDER TO PROVIDE PERMANENT FINANCING FOR THE STORMWATER UTILITY SYSTEM WITHIN THE VILLAGE; AWARDING THE SALE OF THE BONDS TO NATIONSBANK, N.A.; PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 1995, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") adopted Ordinance No. 95-3 authorizing the issuance of $7,200,000 Village of Key Biscayne, Florida Stonnwater Utility Revenue Bond Anticipation Notes, Series 1995 (the "Notes"), for the purpose of expanding and improving the Stormwater Utility System within the Village (the "Project") and paying costs of issuance of the Notes, and on April 11, 1995, the Council adopted Resolution No. 95-11 setting forth the details of the Notes (the "Note Resolution"); and WHEREAS, on April 17, 1995, the Village issued the Notes, and the Notes were purchased by Key Biscayne Bank and Trust Company, now known as SunTrust Bank, Miami, N.A., and First Union National Bank of Florida; and WHEREAS, on March 11, 1997, the Council adopted Ordinance No. 97-9 and Resolution No. 97-11 authorizing and setting forth the terms of an extension of the Notes for an additional 364 days (the "1997 Note Extension"); and WHEREAS, Resolution No. 97-11 amended the Note Resolution to provide for the 1997 Note Extension; and WHEREAS, on March 10, 1998, the Council adopted Ordinance No. 98-2 and Resolution No. 98-6, authozizingand.setting forth the terms of a further extension of the Notes for an additional 364 days (the "1998 Note Extension"); and WHEREAS, Resolution No. 98-6 amended the Note Resolution, as amended by Resolution No. 97-11, to provide for the 1998 Note Extension; and EGISL/184500-3/13524.004 WHEREAS, the Notes mature on March 30, 1999; and WHEREAS, on October 27, 1998, the Council adopted Ordinance No. 98-9 authorizing the issuance of not exceeding $7,200,000 of Stormwater Utility Revenue Bonds for the purpose of providing funds to pay the principal of the Notes in order to provide permanent financing for the Project; and WHEREAS, on January 12, 1999, the Council accepted a commitment (the .."Conunitment") from NationsBank, N.A. (the "Bank") to purchase such Bonds; and WHEREAS, the Council desires to set forth the details of the Bonds in this Bond Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: SECTION L AUTHORIZATION OF BONDS. Pursuant to the provisions of this Bond Resolution and the Ordinance, stormwater utility revenue bonds of the Village to be designated "Village of Key Biscayne, Florida, Stormwater Utility Revenue Bonds, Series 1999" (the 'Bonds"), are hereby authorized to be issued in an aggregate principal amount of $7,200,000 for the purpose of providing funds.to pay the principal of the Notes in order to provide permanent financing for the Project. SECTION 2. I ERMS OF THE BONDS. The Bonds shall be issued in fully registered form without coupons. The principal of and interest an the Bonds shall be payable when due in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owners of the Bonds ("Owners") or their legal representatives at the addresses of the Owners as they appear on the registration books ofthe Village. The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond in the denomination of $7,200,000. The Bonds shall mature on October 1, 2019. Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding principal balance from their date of issuance payable quarterly on the first day of each January, April, July and October (the"Interest Payment Dates"), commencing April 1, 1999, at an interest rate equal to 4.13% per annum. Interest on the Bonds shall be computed on the basis of actual number of days elapsed using a 365 or 366 -day year. Adjustment of Interest Rate Upon Determination of Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be adjusted to a rate equal to a fraction, (i) the numerator of which is equal to the interest rate otherwise borne by the Bonds, and (ii) the denominator of which is equal to one (1) minus the Maximum Corporate Tax Rate in DMSTB.LaGI5L/139500-3/13524.004. 2 effect as of the date of such Determination of Taxability (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to the Bonds (the "Accrual Date"). The Village shall on the next interest payment date pay to the Owners of the Bonds or any former Owners of the Bonds as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on the Bonds at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interestpaid by the Village on the Bonds from the Accrual Date to the date of the Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner arising as a result of such Determination of Taxability. From and after the Determination of Taxability, the Bonds shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to the Bonds. This adjustment shall survive payment of the Bonds until such time as the °federal statute of (imitations under which the interest on the Bonds could be declared taxable under the Code shall have expired. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the Maximum Corporate Tax Rate decreases or increases from thirty-five percent (35%"), the interest rate otherwise borne by the Bonds shall be adjusted to the product obtained by multiplying the interest rate otherwise borne by the Bonds by a fraction, (i) the numerator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of adjustment, and (ii) the denominator of which is equal to 0.65. The interest rate otherwise borne by the Bonds shall be adjusted automatically as of the effective date of each change in the Maximum Corporate Tax Rate. As used herein; (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Maximum Corporate. Tax Rate" means, as of any date of determination, the highest marginal tax rate (expressed as a decimal) applicable to the taxable income of corporations (as currently set forth in Section 11 of the Code) without regard to any increase in tax designated to normalize the rate for all income at the highest marginal tax rate or to phase out the benefit of graduated tax rates and impose a flat -tax at a specified rate (for example, the tax imposed by the last D1S/B.58GISL/189509-3J13524. 004 two sentences of Section 11(b)(1) of the Code as in &fleet on fhe original issue date of the Bonds), which rate on the original issue date of the Bonds is 35. The principal of the Bonds shall be payable in twenty-one (21) annual installments on each October I, commencing October 1, 1999. The amount of each such installment shall be as follows: Principal Year Installment Due 1999 $135,000 2000 125,000 2001 130,000 2002 185,000 2003 195,000 2004 205,000 2005 215,000 2006 225,000 2007 235,000 2008 350,000 2009 365,000 2010 385,000 2011 405,000 2012 425,000 2013 445,000 2014 465,000 2015 490,000 2016 515,000 2017 540,000 2018 570,000 2019 595,000 The Bonds are subject to prepayment in whole or in part at any time on at a price of par plus accrued interest to the date of prepayment, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied in inverse order of the maturity of principal installments. THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE STORMWATER UTILITY FEES AND FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE, BOTH AS DEFINED IN THIS RESOLUTION. THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY' OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE. VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THE BONDS CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE UPON )DMS/S,LEGISli/1&9500-3'. ANY PROPERTY OF THE VILLAGE, AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION. SECTION 3. EXECUTION OF BONDS. The Bonds shall be signed in the name of the Village by the Mayor or Vice Mayor and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The signatures of the Mayor or Vice Mayor and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the signature of one of such officers shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be. sold and delivered as herein provided and may be issued as if the person who signed and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and sealed on behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized. SECTION 4. NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Village shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds. Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. Bonds may be exchanged for one or more Bonds of the same aggregate principal amount and maturity and in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall: be effective until entered on the registration books maintained by the Village. The Village may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due and for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. In all cases in which Bonds are transferred or exchanged in accordance with this Section, the Village shall execute and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Village. There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the payment of a sum sufficient to pay any tax, fee or other governmental. charge required to; be paid with respect to such exchange or transfer. The Village shall not be required to transfer or exchange Bonds for a veiled of 15 days next preceding an Interest Payment Date on such Bonds. 0MS/B:LEGISL/i89500-3/13524,.004. 5 All Bonds, the principal and interest of which haT been fully paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond, but the Village shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated shall have the remaining principal as provided on such registration books and shall be deemed to have been issued in the denomination of the outstanding principal balance,which shall be an authorized denomination SECTION 5. BONDS MUTILATED. DESTROYED. STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond' destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Village may prescribe and paying such expenses as the Village may incur. The Village shall cancel all mutilated Bonds that are surrendered. If any mutilated, destroyed, Iost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Village may pay the principal of and interest on such Bond upon the Owner complying with the requirements of this paragraph. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on source and security for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder. SECTION 6. FORM OF BONDS. The text of the Bonds shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. GISL/189500-3/23524.004.. No. R- UNI LED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE STORMWATER UTILITY REVENUE BONDS SERIES 1999 Registered Owner: Principal Amount: Dollars KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the "Village"), for value received, hereby promises to pay to the Registered Owner shown above, or registered assigns, from the sources hereinafter mentioned, the Principal Amount specified above. Subject to the rights of prior prepayment described in this Bond, this Bond shall mature on October 1, 2019. This Bond is issued under authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Part II of Chapter 166, Florida Statutes, as amended, the Charter of the Village,. Ordinance No. 98-9 duly: adopted by the Village Council of the Village on October 27, 1998 (the "Ordinance") and Resolution No. 99- adopted on January 26, (the "Resolution", and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the terms of said Bond Ordinance: This Bond is issued for the purpose of providing funds to pay the principal of the Village's $7,200,000 Stormwater Utility Revenue Bond Anticipation Notes, Series 1995. This Bond shall be payable only from the sources identified herein. Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable quarterly on the first day of each January, April, July and October (the "Interest Payment Dates"), commencing April 1, 1999, at an interest rate equal to 4.13% per annum. Interest on this Bond shall be computed on the basis of actual number of days elapsed using a 365 or 365 -day year. Adjustment of interest Rate Upon Determination of Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be adjusted to a rate equal to a fraction, (i) the numerator of which is equal to the interest rate otherwise borne by the Bonds, and (ii) the denominator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of such Determination of Taxability (the "Adjusted Interest Rate"), as of and DMS/B. LEGiSL/159500-3/33524,004 7 from the date such determination would be applicable -With respect to the Bonds (the "Accrual Date"). The Village shall on the next interest payment date pay to the Owners of the Bonds or any former Owners of the Bonds as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on the Bonds at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Village on the Bonds from the Accrual Date to the date of the Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner arising as a result of such Determination of Taxability. From and after the Determination of Taxability, the Bonds shall continue: to bear interest at the Adjusted Interest Rate for the period such determinationcontinues to be applicable with respect to the Bonds. This adjustment shall survive payment of the Bonds until such time as the federal statute of limitations under which the interest on the Bonds could be declared taxable under the Code shall have expired. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Villageto the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that, the Maximum Corporate Tax Rate decreases or increases from thirty-five percent (35%), the interest rate otherwise borne by the Bonds shall be adjusted to the product obtained by multiplying the interest rate otherwise bornebythe Bonds by a fraction, (i) the numerator of which is equal to one (1) minus the Maximum' Corporate Tax Rate in effect as of the date of adjustment, and (ii) the denominator of which is equal to 0.65. The interest rate otherwise borne by the Bonds shall be adjusted automatically as of the effective date of each change in the Maximum Corporate Tax Rate. As used herein: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Maximum Corporate Tax Rate" means, as of any date of determination, the highest marginal tax rate (expressed as a decimal) applicable to the taxable income of corporations (as currently set forth in Section 11 of the Code) without regard to any increase in tax designated to normalize the rate for all income at the highest marginal tax rate or to phase out the benefit of graduated tax rates and impose a flat -tax at a specified rate (for example, the tax imposed by the last two sentences of Section 11(b)(1) of the Code as in effect on the original issue date of the Bonds), EGIS£%189500-3/1352§C 00 which rate on the original issue date of the Da niln is 35. The principal of this Bond shall be payable in twenty-one (21) annual installments on each October 1, commencing October 1, 1999. The amount of each such installment shall be as follows: Year. 1999 2000 2001 2002 2003. 2004 2005_ 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018... 2019 Principal Installment Due $135,000 125,000 130,000 185,000 195,000 205,000 215,000 225,000 235,000 350,000 365,000 385,000 405,000 425,000 445,000 465,000 490,000 515,000 540,000 570,000 595,000 The principal of and interest on this Bond are payable in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owner or his legal representative at the address of the Owner as it appears on the registration books of the Village. This Bond is subject to prepayment in whole or in part at any time at a price of par plus accrued interest to the date of prepayment, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied in inverse; orderof the maturity of principal installments. This Bond is secured primarily by a pledge of the Stormwater Utility. Fees as defined by Section 403. 0893(3), Florida Statutes and imposed pursuant to Ordinance No. 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A). �B.LEGISL/18459 To the extent the Stormwater Utility Fees are insufficient to pay debt service on this Bond, the Village has covenanted to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms during such fiscal year. "Non - Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property which are legally available to make the payments required under the Bond Ordinance other than Public Service Taxes authorized by Part III Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code; but only after provision has been made by the Village for the payment of all essential or legallymandatedservices_ Such covenant and: agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non- Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However; the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated in the Bond Ordinance shall have the effect of makingavaiiable in the manner described herein Non -Ad Valorem, Revenues and placing on the Village appositive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under the Bond Ordinance, subject, however, in all respects to the terms of the Bond Ordinance and the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law. THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAFTH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM THE STORMWAIER UTILITY FEES AND FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE: VILLAGE. THE - ISSUANCE OF THIS BOND SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR OMS/B.LEG£SL/189500-3/13524.004'--- 10. ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION. The original registered Owner, and each successive registered Owner of this Bond shall be conclusively deemed to have agreed and consented to the following terms and conditions: 1. The Village shall keep books for the registration of Bonds and for the registration. of' transfers of Bonds as provided in the Resolution. Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. The Bonds may be exchanged for Bonds of the same principal amount and maturity and denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village. 2. The Village may deem and treat the person in whose name any Bond shall be registered upon the books of the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due, and for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and dischargethe liability upon such Bond to the extent of the sum or sums so paid. 3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Village shall execute and deliver Bonds in accordance withthe provisions of the Resolution: There shall be no charge for any such exchange or transfer ofBonds, but the Village may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The Village shall not be required to transfer or exchange Bonds for a period of fifteen (15) days next preceding an interest payment date on such Bonds. 4. All Bonds, the principal and interest of which has been paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case part, but not all of an outstanding Bond shallbe prepaid, such Bond shall not be surrendered in exchange for a new Bond. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to beperfonned precedent to and for the issuance of this Bond have happened, do exist and have been performed in due time,: form and manner as required by the Constitution and the laws of the State of Florida applicable thereto. OHS/H.LEGISL1289500-3113524.004... 11 IN WITNESS WHEREOF, the -Village -of Lti Biscayne, Florida has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal of the Village of Key Biscayne, Florida or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, all as of the day of , 1999. VILLAGE OF KEY BISCAYNE, FLORIDA Mayor Village Clerk (SEAL) DMS/B:IEGISt/I. 9SOO-3 12 SSAGN4ENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Date Social Security Number of Assignee Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the.signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is. :. supplied. The following; abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT - (Cust.) Custodian for (Minor) TEN ENT - as tenants by the entirety IT TEN - as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts to Minors Act of (State) Additional abbreviations may also be used though not inthe list above. DMS/a-.ZEGIS&/189560-3/13529_ff P 13 SECTION 7. PLEDGE OF STORMWA Ilift UTILITY FEES. Pursuant to Ordinance No. 93-11 adopted by the Council on June 22, 1993 (as amended by Ordinance No. 93-11-A), the Village established, and assesses and collects Stormwater Utility Fees as defined by Section 403.0893(3), Florida Statutes (the "Stormwater Utility Fees"), upon all residential, developed property and all nonresidential, developed property in the Village. The Village hereby pledges such Stormwater Utility Fees to the payment of the principal and interest due on the Bonds. SECTION 8. COVENANT TO BUDGET AND APPROPRIATE. To the extent the Stormwater Utility Fees are insufficient to pay debt service on the Bonds, the Village hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property and which are legally available to make the payments required under this Resolution, other than Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code; but only after provision has been made by the Village for the payment of all essential or legally mandated services. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Village, the. Village does not covenant to maintain any services or programs; now provided or maintained by the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon orpledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues,: nor does it require the Village to, levy and; collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the. Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village: Such- covenant to appropriate - -_ Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and _ placing on the Village a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to the terns of this Resolution and the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services andprograms which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law. DMS/e.:LEGISZ/389500'- 14 SECTION 9. BOND FUND. There is hereby created a fund entitled "Village of Key Biscayne, Florida Stormwater Utility Revenue Bonds, Series 1999 Bond Fund" (the "Bond Fund"). There shall be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Stormwater Utility Fees and, as necessary, Non -Ad Valorem Revenues as specified in Section 8 hereof which, together with the amounts already on deposit therein, will enable the Village to pay the principal of and interest on the Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest Payment Date to the payment of principal of and interest on the Bonds coming due on each such date. SECTION 10. INVESTMENT OF BOND FUND. Subject to Section 13 hereof, funds in the Bond Fund may be invested in the following investments, maturing at or before the time such funds may be, needed to pay principal of or interest on Bonds, to the extent such investments are legal for investment of municipal funds ("Authorized Investments"): (a) The Local Government Surplus Funds Trust Fund; it (b) Negotiable direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities; (c) Interest -bearing time deposits or savings accounts in banks organized under the laws of the State of Florida (the "State"), in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations, which are under State supervision,or in federal savings and loan associations located in the State and organized under federal law and federal supervision, providedthat. any such deposits are secured bycollateral as may be prescribed by law; (d) Obligations: of the federal . farm credit; banks;. the: Federal Home. Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (e) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and :mortgage pass -through certificates guaranteed by the Federal National Mortgage Association; (f) Securities of, or other interests in, any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq.; as amended, from time to time, providedtheportfolio of such investment company or investment trust is limited to United States Government. . . obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or investment trust takes delivery of such collateraleither directly or through an authorized custodian; or JB.LEGISL/1%9500-3/13524.004. 15 s ins rr tae rune are legal investments for municipal finds. SECTION 11. APPLICATION OF BOND PROCEEDS The proceeds received upon the sale of the Bonds shall be applied immediately upon the date of issuance of the Bonds to pay the principal of the Notes. SECTION 12. FUNDS. Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively. The money in such funds and accounts shall be continuously secured in the same manner as deposits of Village funds are authorized to be secured by the laws of the State of Florida. Earnings on any investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account. The designation and establishient of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the Village for the purposes herein provided and to establish certain priorities for application of such revenues and assets. SECTION 13. INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986. The Village covenants to the Owners of the Bonds that t will take alt actions and do all things necessary and desirable in order to maintainthe exclusion from gross income for federal income tax purposes of interest on the, Bonds, and shall refrain from taking any actions that would cause interest on the Bonds to be included in gross income for federal income tax purposes. In particular, the Village will not make or direct the making of any investment or other use of the -proceeds of the Bonds which would cause such Bonds to be "private activity bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations throughout the term of the Bonds. SECTION 14 DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE. In the Note Resolution, the Village designated the Notes as qualified tax-exempt obligations under Section 265(b)(3)(B) of the Code, and made all necessary filings in order to effectuate such election. The 1997 Note Extension and the 1998 Note Extension were treated as qualified tax-exempt obligations under Section 265(b)(3)(D)(ii) of the Code. The principal amount of the Bonds does not exceed the outstanding principal amount of the Notes, each of the average maturity of the 1998 Note Extension, the 1997 Note Extension and the Notes did not exceed three years, and the Bonds have a maturity- date which is not later than thirty (30) years after the date of issuance of the Notes. Accordingly, the Bonds are treated as qualified tax-exempt obligations under Section 265(b)(3)(D)(ii) of the Code, DM$3/3. iEGISL/I8350-0-3/13524.004 16 SECTION 15. ARBITRAGE=REBATE`L -COVENANTS. There is hereby created and established a fund to be held by the Village, designated the "Village of Key Biscayne Stormwater Utility Revenue Bonds, Series 1999 Rebate Fund" (the "Rebate Fund"). The Rebate Fund shall be held by the Village separate and apart from all other funds and accounts held by the Village under this Resolution and from all other moneys of the Village. Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants, if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date of delivery of the Bonds (the "Rebate Covenants"), when such amounts are so required to be transferred. The Village Manager shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited: therein to the: United States of America in the amounts and at the times required by the Rebate Covenants. The Village covenants for the benefit of the Owners of the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys and securities from time to time held therein and all investment earnings derived therefrom, shall be excluded from the pledge and lien of this Resolution. The Village shall not be required to comply with the requirements of this Section 15 in the event that the Village obtains an opinion of nationally recognized bond counsel that (i) such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds. SECTION 16. SPECIAL COVENANTS. The Village shall, within one hundred eighty (180) days of the end of each fiscal year of the Village, deliver to the Bondholders a copy of the annual audited financial statements of the Village. SECTION 17. COVENANTS BINDING ON VILLAGE AND SUCCESSOR. All covenants, stipulations, obligations and agreements of the Village contained in this Resolution shall be deemed to be covenants, stipulations,obligations andagreernents of the Village to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Except as otherwise provided in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Village or upon the Village Council by the provisions of this Resolution shall be exercised or performed by the Village Council or by such officers, board, body or commission as may be required by law to exercise such powers or to perform such duties. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Village Council or officer, agent or employee of the Village in his or her individual capacity, and neither the members of the Village Council nor any officer, agent or employee of the Village executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or; accountability /B.L'aGISL/1B9500-3/i3524.004. 17 by reason of the issuance thereof. SECTION 18. EVENTS OF DEFAULT. Each of the following events is hereby declared an "event of default": (a) payment of the principal of any of the Bonds shall not be made when the same shall become due andpayable; or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shallbecome due and payable; or. (c) the Village shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default described in subsection (a)or(b) of this Section) on the part of the Village to be performed and such default shall continue for sixty (60) days after written notice specifying such default and requiring same to be remedied shall have been given to the Village by any Owner of any Bond; provided that it shall not constitute an event of default if the default is not one that can be cured within such sixty (60) days, as agreed by the Bondholders and the Village, and the Village commences within such sixty (60) days and is proceeding diligently with action to correct such default; or (d) any proceeding shall be instituted with the consent of the Village for the purpose of effecting a composition between the Village and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days after the institution of the same. SECTION 19. REMEDIES; RIGHTS OF BONDHOLDERS. Upon the occurrence and continuance of any event default specified, in Section 18 hereof, the Owners of the Bonds may pursue any available remedy by suit, at law or in equity to enforce the payment of the principal of and interest on the Bonds then outstanding. No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right or power or shall be construed to be waiver of any such default or event of default or acquiescence therein; and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any event of default hereunder shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon. The Village agrees, to the extent permitted by law, to indemnify the Bank and itsdirectors,. officers, employees and agents from and against any losses, claims, damages, liabilities and expenses (including,. without limitation, counsel fees and expenses) which may incurred in connection with enforcement of the provisions of this Resolution and the Bonds. 5 IEGISL{159500-3/13524'A04 . 18 SECTION 20. DEFEASANCE. Upon the payment in full of all principal and interest due on the Bonds, the Bonds shall be deemed to be paid and shall no longer be deemed to be outstanding for the purposes of this Resolution and all covenants and pledges hereunder, and all liability of the Village with respect to said Bonds, shall cease, terminate and be completely discharged and extinguished; provided, however, that the requirements of Section 15 hereof to rebate any amounts due to the United States pursuant to the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds or any portion thereof. SECTION 21. SALE OF BONDS. Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a negotiated sale of the Bonds. The Village has been provided all applicable disclosure information required by' Section 218.385, Florida Statutes. The negotiated sale of the Bonds is hereby approved to the Bank at a purchase price of par. SECTION 22. AUTHORITY OF OFFICERS. The Mayor, the Vice Mayor, any member of the Council, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transaction contemplated by this Resolution and the other documents identified herein. SECTION 23. SEVERABILITY. In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall govern their construction. SECTION 24. PAYMENTS DUE ON SATURDAYS,. SUNDAYS AND HOLIDAYS. In any case where the date of maturity of interest on or principal of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by law (including executive orders) to close and are closed, then payment of such interest or principal need not be made by the Village on such date but may be made on the next succeeding business day on which the banks in the State are open for business. SECTION 25. OPEN MEETING FINDINGS. It is hereby found and determined that all official acts of the Village Council concerning and relating to the adoption of this Resolution and all prior resolutions affecting the Village Council's ability to issue the Bonds were taken in an open meeting of the Village Council and that all deliberations of the Village Council or any of its committees that resulted in such official acts were in meetings opento the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. SECTION 26. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict 8B.LEGLSL/189500-3113524.004 -. 19 herewith, to the extent of such conflicts, are hereby superseded and repealed. SECTION 27. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOP I ED this 266_ JOE I. RASCO, MAYOR ATT CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO LEGAL FORM AND SUFFICIENCY: RICH `RD JAY WEISS, VILLAGE Al I ORNEY 20 RESOLUTION NO. 99-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ARCHITECTURAL FIRMS TO SUBMIT THEIR QUALIFICATIONS FOR CONSIDERATION AND SELECTION BY THE VILLAGE COUNCIL AS THE ARCHITECT FOR THE DESIGN AND CONSTRUCTION OF THE EMERGENCY SERVICES COMPLEX ADMINISTRATION BUILDING. WHEREAS, the Village Council of the Village of Key Biscayne finds that existing temporary public safety administration buildings have reached the end of their useful life; and WHEREAS, the Village Council further finds that both the intrinsic nature of these buildings as constructed, and the deterioration resulting from intensive use, water intrusion, rot, rust, and general decay have rendered them both functionally and physically obsolete, making uneconomic any further repair thereof. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is directed to issue a Request for Proposals for purposes of soliciting architectural firms who are interested in designing an Emergencey Services Complex administration building for the Village. Section 2. That the Village Council will appoint an architectural screening committee composed of residents and staff to assist the Village Manager in providing a recommendation to the Council regarding the highest ranked firm(s). Section 3. That the Village Manager shall submit, based on a project design and construction schedule and estimates, an efficient and cost effective approach which will permit the Village Council at a future date to approve the conceptual design of the project. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of February. 1999. AT ‚44 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONCHITA H. ALVAREZ, CMC VILLAGE CLERK MAYOR JOE I. RASCO RESOLUTION NO. 99-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE 1999 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT "A" ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne held a Goals and Objectives Workshop on January 19, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council of the Village of Key Biscayne adopts the 1999 Goals and Objectives as shown in Exhibit "A", which is attached hereto, based upon consensus of the Council at the Goals and Objectives Workshop held on January 19, 1999. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 9th day of February , 1999. AiAlaT. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TQFORM AND LEGAL S r" y`' CY: RICHARD JA i' WIIS, VILLAGE ATTORNEY SCO RESOLUTION NO. 99-12 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO RETAIN THE PROFESSIONAL SERVICES OF PINSKY MITCHELL PARTNERS FOR THE 1999 LEGISLATIVE SESSION, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to retain the professional services of Pinsky Mitchell Partners for the 1999 legislative session as shown in Exhibit "A", which is attached hereto. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of February , 1999. ATTE CO�Ti CHITA H. ALVAREZ, CMC VILLAGE CLERK MAYOR JOE I. RAS1O APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RESOLUTION NO. 99-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PHASE II, DESIGN DEVELOPMENT FOR THE PLANNING, ARCHITECTURE AND SERVICES IN CONNECTION WITH THE VILLAGE BEACH PARK WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the proposed contract is the second, and final phase, in the design development and construction of the Village Beach Park; WHEREAS, completion of this phase will provide cost estimates, materials, specifications and shop drawings for each element as proposed in Phase I, Schematic Design presented to Village Council on July 1, 1998 and amended on September 1, 1998; WHEREAS, completion of this phase will provide plans and specifications sufficient to allow the Village to goto bid for construction of said park; 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 O.B.M., for the planning, architecture and services in connection with the Village Beach Park located at East Enid Drive and Ocean Drive. Section 2. This resolution shall take effect immediately upon adoption. MAYOR JOE I. RASCO PASSED AND ADOP 1 ED this 9tlr day of - February , 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r . RICHARD J. WEISS, LAGE ' TORNEY Citizen RESOLUTION NO. 99-14 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR APPOINTMENTS TO THE ZONING ORDINANCE REVIEW COMMITTEE AS PROVIDED FOR IN RESOLUTION NO. 99-8; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has approved Resolution 99-8 creating a Zoning Ordinance Review Committee which has 14 positions within the below categories; and N RO POSIT 6 Developers of property in the Village Architects who have designed buildings in the Village Business owner 2 2 1 Real Estate Agent or Broker who specializes in the sale of property in the Village Contractor or Engineer who has worked in the Village TOTAL 2 1 14 WHEREAS, the Mayor has recommended and the Council has reached a consensus on the appointments; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. As set forth in Resolution 99-8, the following are the appointments to the Zoning Ordinance Review Committee: The appointments (4) to the Zoning Ordinance in the category of "Citizens" are as follows: 1. Jacqueline de Leon 2. Rosemary Sala 4. Paul Auchter Nancy Doke -Harrison The appointments (2) to the Zoning Ordinance in the category of "Developer" are as follows: 1. Jose Ortega 2. Chris Sager The appointments (2) to the Zoning Ordinance in the category of "Architect" are as follows: 1. Deborah de Leon 2. Oscar de Armas The appointment (1) to the Zoning Ordinance in the category of "Business Owner" is as follows: 1. Raul Llorente The appointments (2) to the Zoning Ordinance in the category of "Real Estate Agent or Broker" is as follows: 1. Bill Bailey 2. James Pilafian The appointment (1) to the Zoning Ordinance in the category of "Contractor or Engineer" is as follows: 1. Sergio Velikopoljski The appointments (2) of additional residents beyond the scope of Resolution 99-8 as follows: 1. Adel El-Etr 2. Leigh Evans Section 2. This resolution shall take effect immediately upon adoption. 2 PASSED AND ADOPTED this 9th day of February. 1999. ATTEST: idnal CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIE RICHARD JA This document was prepared by: Jud IKurlancheek, AICP, Director Building, Zoning, and Planning Dept. TTORNEY 3 MAT ORT OE I. RA RESOLUTION NO. 99-15 A RESOLUTION OF THE VILLAGEOF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports a Fourth of July fireworks display for residents and visitors on Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village Manager is hereby authorized to enter into a three (3) year agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton, Florida, at a cost not to exceed $50,000 for each of the three (3) years (1999-2001), to provide a Fourth of July fireworks display. Section 2. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 9th day of March , 1999. MAYOR JOE I. RASCO ATTE daall NCF ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: &`LoI S J. WEI 4 ILL GE ATTORNEY RESOLUTION NO. 99-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE ENGINEERING FIRM OF CORZO, CASTELLA, CARBALLO, THOMPSON, AND SALMAN P.A. FOR THE PREPARATION OF A STREETSCAPE IMPROVEMENT PLAN FOR CRANDON BOULEVARD FROM THE NORTHERN LIMITS OF THE VILLAGE TO HARBOR DRIVE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Plan includes a project that will improve Crandon Boulevard from the northerly limits of the Village to Harbor Drive; and WHEREAS, the project area is at the entrance of the Village and the condition of the Swale; landscaping, and related improvements are not consistent with the high standards associated with the Village; and WHEREAS, the firm of Corzo, Castella, Carballo, Thompson, and Salman P.A. is on the list of approved engineering firms; and WHEREAS, staff has met with the represenatives of Corzo, Castella, Carballo, Thompson, and Saiman P.A. and developed a scope of services that will enhance the project area. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is directed to issue a Request for Proposals for purposes of soliciting architectural firms who are interested in designing a community center for the Village. Section 2. That the Village Manager is authorized to enter into an Agreement to employ the firm of Corzo, Castella, Carballo, Thompson, and Saiman P.A. for purposes of preparing engineering plans that will enhance the public right of way from the northerly limits of the Village to Harbor Drive. Section 3. This resolution shall take effect immediately upon adoption. This document was prepared by: PASSED AND ADOPTED this 9th day of March, 1999. MAYOR JOE I. RASCO T: 4, CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLtkGE ATTORNEY Jud KurIancheek, AICP, Director Building, Zoning, and Planning Dept. NMI II CORZO CASTELLA CARBALLO THOMPSON SALMAN Engineers Architects Planners EB0005022 AAC002142. WORK ORDER FOR PROFESSIONAL SERVICES TO: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 ATTN: Mr. Jud Kurlancheek, AICP Building, Zoning and Planning Director PROJECT NAME: Crandon Boulevard Entranceway Streetscape Project DESCRIPTION OF SERVICES: A. Design Phase DATE: 3/10/99 FILE: 1108 Design and prepare construction documents, plans, specifications and bid documents for streetscape improvements along Crandon Boulevard from the northern limits of the Village of Key Biscayne to the intersection of Harbor Drive and Ocean Lane Drive. The east/west boundary shall extend to the driveway. The improvements will consist of: 1. Replacement of existing valley gutters at edges of pavement with Type F curb and gutter. 2. Replacement of median curb and gutter where necessary. Clean the remaining median curb and gutter. 3. Reconstruction and widening of sidewalks. 4. Reconstruction of existing drainage inlets to curb and gutter configuration. 5. Landscaping and irrigation in swale areas (median will remain as is). 6. Decorative crosswalks at the intersection of Crandon Boulevard with Harbor Drive and Ocean Lane. We will prepare, process and obtain permits from Miami -Dade County Public Works Department, Florida Department of Transportation, and other required permits or approvals from regulatory agencies. B. Bid Phase During the bid phase, we shall chair and organize a pre -bid conference, prepare and distribute the agenda, minutes, addenda, review bid proposals and contractor qualifications and prepare recommendation for award. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Equal Opportunity Employer Work Order for Professional Services Village of Key Biscayne March 10, 1999 Page 2 C. Construction Phase Services 1. Chair and organize a pre -construction conference, prepare and distribute the agenda, minutes, and issue Notice to Proceed. 2. Review and recommend approval or denial of shop drawings. 3. Organize bi-weekly progress meetings, prepare agendas and minutes for distribution. 4. Respond to Contractor request for information and clarifications/interpretation of contract documents. 5. Process Contractor payment requisitions. 6. Process Contractor change order requests, if any. 7. Provide periodic inspections to verify progress and performance of work. 8. Provide final inspection, punch -list and contract closeout. We are assuming a construction period of 120 days. If the construction were to exceed 120 days, we shall consider these extended construction phase services as additional. Public Meetings We shall attend public meetings. Public meetings will include but not be limited to attendance at Council Meetings and/or those with property owners and residents of the Village. Public meetings do not include meetings with Village staff or with regulatory agencies. TERMS AND CONDITIONS: All terms and conditions shall be per our Agreement for Professional Services dated 7/15/98. Our fee for the above described services shall be as follows: A. Design Phase $29,500 Surveying Engineering Plans Streetscape Architecture Plans Landscaping and Irrigation Plans Public Meetings and Presentations Permitting B. Bid Phase $2,900 C. Construction Phase $14,500 D. Public Meetings included in above fees Total $46,900 Work Order for Professional Services Village of Key Biscayne March 10, 1999 Page 3 Reimbursable expenses incurred in connection with the above services such as blueprinting, reproduction, permitting fees or for any express mail, are not included in the above fees and will be billed on the basis of actual cost times a 1.10 multiplier. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment: Thank you. Corzo Castella Carballo Thompson Salman, P.A. astella, P.E. Vice -President RC/er Village of Key Biscayne Approved by: Date: 31u,Igi L:\Projects\1108-00Work Orders - Proposals\W0031099CrandonBlvd.doc March 10, 1999 Crandon Boulevard Entranceway Streetscape Project Village of Key Biscayne HOURLY BILLING RATES Position Rate Principal $100.00 Engineer P.E./Architect R.A $86.00 Engineer E.I./Architect A.l $68.00 Senior Technician $56.00 Technician $48.00 Clerical $36.00 Inspector $56.00 ©3/12/99 19: `v9 C3-'9 * 3053E55555 NO.921 P22 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 15th day of July 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and. Corzo Castella Carbalio Thompson Selman PA (the "CONSULTANT"). RECITAT S: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("Specified Services'). The CONSULTANT watts to provide such Specified Services. In consideration of the mutual covenants set forth in ilia 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 pmvide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal rut caoh project with a defined scope will be presented for review and approval prior to the start of each. project. FEES FOR. $ERVICFS The CONSULTANT agrees to charge the VILLAGE fur Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and oonditions outlined therein, The CONSULTANT will issue an invoice once a month for the work which has been completed. Said invoices is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the CONSULTANT for the faithful petfonuancc of this agreement, in lawful money of the United States of America. 3, TERM The term of this Agreement is year(s) unless earlier terminated pursuant to paragraph seven. GENERAL TERMS AND CONDITIONS All work papers and documents that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agsccnncnt, any and all such documents shall be delivered to the VILLAGE by the CON SUL'I'A1NT. 03/12/99 10:/9 C3TS i 305365555E NO. 021 CO3 5. ASSIGNMENT This Agreement shall not be assiviable by the CONSLTT,TANT . 6. Eft OHTBITIO ST C N3'INOENT FE>_S The CONSULTANT representstl•.at 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 Lam other -than a bona fide employee working solely for the CONSULTANT any Se, commission, percentage, gift, or any other consideration. contingent upon or resulting from the awaid or making of this Agreement. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or without cause and by the CONTRACTOR upon 45 days' written notice with or without cause_ If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of the Agreement for aIi acceptable work performed up to the date of termination. 8. NONEXCLUSWF AGREEMENT the services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms w perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 9. 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. 10. WARRANTIES OF CONSUT .T ANT The CONSUL'TAN'T hereby 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. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted. by registered or certified mail nr hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: 03/i2/99 1©:19 C3TS 4 53655556 NO.02'_ PO4 village: With a copy to: CONSULTANT: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Scrota & Hellman, P.A. 2565 South Bayshore Drive Suite 204 Miami, Florida 33133 Cotta Castella Carbailo Thompson 5alman, P.A. 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on theday and year first above written, CONSULTANT: Corzo Castella Carbailo Thompson Salmon, P.A. 901 Ponce de Leon Boulevard, Suite 900 Coral Gables Florida 33134 Corzo Castello ("arhallo Thompson Selman, I.A Attest:ptlienei. Authorized by Village Council July 1, 1996 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key_ Biscayne, Florida 33149 RESOLUTION NO. 99-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING ALL ENTITIES INVOLVED IN THEIR EFFORTS TO PRESERVE THE PREHISTORIC ARCHAEOLOGICAL SITE KNOWN AS "THE MIAMI CIRCLE" FOR ITS HISTORIC SIGNIFICANCE AND TO TAKE ALL STEPS POSSIBLE IN THE PRESERVATION OF SAID SITE AS IS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the recent discovery of a momentous two thousand year old, thirty-eight foot in diameter piece of carved Miami oolite located at the mouth of the Miami River has been found to be of profound historical significance as an archaeological site; and WHEREAS, the Village Council of the Village of Key Biscayne recognizes that the Tequesta Indians being indigenous to the South Florida area ranging from Deerfield Beach to the north, Key West to the south and into the Everglades inhabited this particular site; and WHEREAS, many native American leaders claim "The Miami Circle" to be the most unique pre-Columbian discovery created by the ancient Tequesta's to date, which is forever embedded in the bedrock of what was once The Brickell Trading Post and is now known as Brickell Point; and WHEREAS, the site known as "The Miami Circle" has heightened community appreciation Wand awareness of the legacy of the Tequesta Indians as evidenced by artifacts; and WHEREAS, the Village Council of the Village of Key Biscayne understands that this is critical to Miami -Dade County's sense of place and identity and should be preserved for posterity o serve as an important educational and cultural resource to the world; and WHEREAS, the Village Council of the Village of Key Biscayne supports the Florida statute; the two Executive Orders; nineteen laws, regulations, standards and conventions; two US Senate mandates and four United Nations mandates related to cultural resources; and WHEREAS, the Village Council of the Village of Key Biscayne hopes that in good faith the developer and the government entities involved reach a reasonable financial settlement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council of the Village of Key Biscayne supports all entities involved in their efforts to preserve the prehistoric archaeological site known as "The Miami Circle" for its historic significance and take all steps possible in the preservation of said site as is. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 9th day of March , 1999. ATT ttgAte CONCI-IITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY JOEI.RASC RESOLUTION NO. 99-18 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 $75,000.00 over a period of three (3) years; and WHEREAS, the COPS grant will fund the hiring of one (1) additional full-time police officer who shall be assigned to the federal drug task force; and 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 $75,000.00 grant and execute any other necessary documents in connection with the grant effective October 1, 1999. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE RICHARD VILLAGE ATTORNEY RESOLUTION NO. 99-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SPEND FEDERAL ASSET SHARING REVENUE FROM THE U.S. CUSTOMS DEPARTMENT TO PURCHASE AN ADDITIONAL UNMARKED VEHICLE FOR THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department just received in excess of $253,000 from the "Asset Sharing" from the U.S. Treasury Department, Customs Bureau; and WHEREAS, there is a need for an additional unmarked vehicle for the Police Department for the use of the detectives in order to conduct their appointments and investigations in a more timely and efficient manner; and 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 purchase one (1) unmarked vehicle for the Police Department in the amount of $25,000. Section 2. That the vehicle shall be charged to the asset sharing fund. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. RASCO CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICI RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO NEGOTIATIONS WITH ROBERT G. CURRIE PARTNERSHIP ARCHITECTS, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF A VILLAGE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council adopted Resolution 98-56 authorizing the Village Manager to advertise for Request for Qualifications (RFQ) from qualified architectural firms in conjunction with the design of a Village Community Center; and WHEREAS, ten (10) responses were received and through a specified selection process by an appointed Selection Committee the firms were reviewed and individually interviewed; and WHEREAS, the Selection Committee has ranked Robert G. Currie Partnership as the number one firm. NOW, THEREFORE, I3E IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to enter into negotiations, on behalf of the Village, with Robert G. Currie Partnership, for Architectural and Engineering Services in conjunction with the design of a Village Community Center. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. thidaue, mA C CHITA H. ALVAREZ, CMC, VILLAGE CLERIC APPROVED AS TO FORM AND LEGAL SUFFICIENC RIC JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING REVISED SPECIAL RULES OF ORDER FOR MEETINGS OF THE VILLAGE COUNCIL; REPEALING RESOLUTION 98- 15, ON THE SAME SUBJECT MATTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the past various Village Councils have adopted rules to assist in the orderly conduct of its meetings; and WHEREAS, this Council wishes to make an amendment to those rules as well as to continue to provide a comprehensive document containing all the current rules of the Village Council. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:' Section 1. That the Village Council hereby adopts the following rules of procedure to govem it in the conduct of its meetings: 1. Reports by the Mayor and Councilmembers should be placed on the Agenda early in the meeting and prior to other business which might be time consuming. 2. The Village Manager's report shall be presented no later than 10:00 p.m. on the evening of a Village Council meeting. 3. Approval of the Minutes should be dispensed by unanimous consent if there are no corrections or additions. 4. There shall be a consent agenda during each regular Village Council meeting. The consent agenda shall contain resolutions, motions and other pertinent matters which, in the opinion of the Village Manager, are not controversial and may be handled and implemented without necessity for discussion. Unless a Councilmember specifically requests that an item be removed from the consent agenda, such items shall be approved and adopted by a single motion and roll call vote. 5. All resolutions and ordinances shall be identified on the agenda as to a sponsoring Councilmember or as to a requesting Village staff member. Underlining indicates proposed addition to text of rules. 6 All business shall be accomplished by motion. Motions (or a short summary thereof) should be presented in writing as a portion of the description of the Agenda item on the cover sheets of the Council Agenda.. 7 A motion should be presented in a clear and concise way. If necessary, the Mayor or the Village Attorney shall clarify a motion to insure that the Council is fully aware of the matter being considered. 8 A motion should be seconded prior to any discussion. 9 The Mayor should call on the maker of the motion, once seconded, for an explanation of the motion prior to calling on any other member of the Council or the public. 10. Except for an emergency found by a majority vote of the Councilmembers present, no action shall be taken by the Council on any item unless the item is listed as a motion, resolution or ordinance on the Agenda. This shall not apply to zoning items which are otherwise listed on the Agenda. 11. Items presented simply as a report shall be specifically listed as such. No action shall be taken at that time by the Council upon a report item, unless the majority of the Councilmembers present find that an emergency exists. Accordingly, action on reports, if no emergency is found, may be taken solely at a subsequent meeting in accordance with these rules of order. 12. Voice votes are to be used whenever possible unless a Roll -Call is requested by any member. 13. A Roll -Call vote should be used for all ordinances. 14. A Roll -Call vote should be called on a rotational basis so that a different member of the Council is called on to vote first, a different member second and so on. The Mayor should not always be the last to vote, but should be called on a regular rotation. 15. When there are 3, but not 4, affirmative votes for an item of business (other than an ordinance) under circumstances in which one or more Councilmembers are absent, any absent Councilmember may subsequently move for reconsideration of the item, at the next regular council meeting. 16. When there are 3, but not 4, affirmative votes for an ordinance under circumstances in which one or more Councilmembers are absent, the ordinance shall automatically be continued to the next regular meeting of the Village Council for final action, and this shall be announced by the Village Clerk prior to adjournment. 17. The Council will develop, foster and encourage open, honest but gentle communications between all members of the Council and the public. 18. The Council will be considerate of and show respect for each member of the public. 2 19. The Council will make a sincere effort to understand the issues being raised by another Councilmember or members of the public and seek to address those issues to the best interest of the Village. 20. The Council meetings will be conducted in a business like, yet open and friendly way so as to allow most efficient accomplishment of the Village business without unnecessary formalities while respecting the rights of each individual to express his/her opinion. 21. Presentations by members of the public are limited to three minutes unless a greater period of time is authorized by the Council. 22. Councilmembers are encouraged to regularly attend and participate in Council meetings, workshops, planning sessions, LPA meeting, etc. so that the input and perspective of all Councilmembers is received. If Councilmembers will be absent, they should make every effort to notify the Village Clerk in advance of the meeting. Section 2. Resolution 98-15, concerning the same subject matter as this Resolution, is hereby repealed. This shall not operate to revive those resolutions repealed or replaced by Resolution 98-15. Section 3. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOP l ED this 20th day of April, 1999. ATT CDCHITA H. ALVAREZ, CMC, VILLAGE CLE JOE I. RASCO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENC LA RI WEISS, VILLAGE ATTORNEY 103001U2esolutions\Revised Special Rules Dated March 12, I999 3 RESOLUTION 99-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING COLONIAL BANK AS A DEPOSITORY OF THE VILLAGE FOR ONE OR MORE DEPOSIT ACCOUNTS; AND AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the name of Colonial Bank be substituted in place of Jefferson National Bank, currently on file. Section 2. That the Village Clerk is hereby authorized to execute checks on behalf of the village in an amount not to exceed $10,000.00 per check. Section 3. That the Village Clerk, together with the Mayor, the Vice Mayor, or any other Councilmember are hereby authorized to execute checks on behalf of the Village without limitation on the amount of said check. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April, 1999. T: A adiot? MAYOR JOE I. RASCO HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RI�RD JAY WEISS, VILLAGE ATTORNEY RESOLUTION 99-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING NATIONS BANK AS A DEPOSITORY OF THE VILLAGE FOR ONE OR MORE DEPOSIT ACCOUNTS; AND AUTHORIZING SPECIFIED PERSONS TO EXECUTE CHECKS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the the Village of Key Biscayne, Florida designates Nations Bank as a depository of the Village for one or more deposit accounts. Section 2. That the Village Clerk is hereby authorized to execute checks on behalf of the village in an amount not to exceed $10,000.00 per check. Section 3. That the Village Clerk, together with the Mayor, the Vice Mayor, or any other Councilmember are hereby authorized to execute checks on behalf of the Village without limitation on the amount of said check. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOP 1ED this 20th day of April, 1999. MAYOR JOE I. RASCO K T: C S CHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC RD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INTENT OF THE FLORIDA BUREAU OF ARCHAEOLOGICAL RESEARCH TO ESTABLISH A NEW STATE UNDERWATER ARCHAEOLOGICAL PRESERVE ON THE SITE OF THE "HALF MOON", A SHIPWRECK LOCATED IN BEAR CUT OFF KEY BISCAYNE. WHEREAS, the Village has recognized the historical importance of Key Biscayne through the creation of the Key Biscayne Heritage Trail in 1997 and the Heritage Trail Celebration in 1999; and WHEREAS, the Florida Bureau of Archaeological Research has determined that the Half Moon has the potential to become an attractive site for heritage, ecological, and recreational tourism; and WHEREAS, the Florida Bureau of Archaeological Research will partner with the University of Miami Rosenstiel School of Marine and Atmospheric Sciences, Miami -Dade County Division of Historic Preservation, and the Biscayne Nature Center, to conduct a field project to detail the shipwreck site; and WHEREAS, a formal proposal for the establishment of a new State Underwater Archaeological Preserve, the Half Moon, will be circulated throughout the Miami and Key Biscayne communities for review and comment. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village of Key Biscayne supports the intent of the Florida Bureau of Archaeological Research to establish a new State Underwater Archaeological Preserve on the site of the Half Moon, a shipwreck located in Bear Cut off Key Biscayne. Section 2. The Village Manager is hereby authorized to act as a partner with the Florida Bureau of Archaeological Research in offering technical assistance and consulting for research from staff, on the Half Moon site, but no other expenditures are authorized. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April, 1999 ST: CONCHITA H. ALVAREZ, CMC, VILLAG APPROOVEDD AS TO FORM AND LEGAL S tetrier-%: RICHARD J. WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RESOLUTION NO. 99- 25 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SOLICIT BIDS FOR THE CONSTRUCTION OF THE VILLAGE OF KEY BISCAYNE SANITARY SEWER COLLECTION SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Environmental Protection accepted the sanitary sewer system contract specifications on October 21, 1998; and WHEREAS, all required permits have been obtained from the Miami Dade County Departments of Environmental Management and Water and Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to instruct PBS&J to place an advertisement for bids to construct the sanitary sewer collection system. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 20th day of April , 1999. COI CHITA H. ALVAREZ, CMC VILLAGE CLERK OE I. RASCO RIC JAY WEI SS, VILLAGE ATTORNEY RESOLUTION NO. 99-26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE INTENT OF THE "AIRCRAFT NOISE TOWN HALL MEETING" TO REROUTE AIR TRAFFIC MOST EFFECTIVELY FOR NOISE ABATEMENT, ORGANIZED THROUGH MIAMI-DADE COUNTY COMMISSIONER JIMMY L. MORALES, INCLUDING REPRESENTATIVES FROM LOCAL, COUNTY, STATE, AND FEDERAL AGENCIES. WHEREAS, the Village of Key Biscayne, through Village Council Resolutions, has opposed excessive aircraft noise on five (5) separate occasions, since 1993; and WHEREAS, the Village of Key Biscayne has worked with Mr. Jeffrey Bunting, Miami -Dade County Aviation Department Environmental Planner, to monitor aircraft noise; and WHEREAS, the Village Council feels that the correct rerouting of air traffic by the Federal Aviation Administration (FAA) would alleviate aircraft noise over Key Biscayne as well as other affected areas; and WHEREAS, the Village Council feels that a concerted effort involving all levels of affected government is the proper venue to institute change in frequency and intensity of aircraft noise. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council supports the intent of the "Aircraft Noise Town Hall Meeting", organized through Miami -Dade County Commissioner Jimmy L. Morales, including representatives from local, County, State, and Federal agencies. Section 2. The Village Council feels that the proper rerouting of air traffic would most affectively alleviate aircraft noise over Key Biscayne as well as other affected areas. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-27 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING A MILLENNIUM COMMITTEE TO RECOMMEND INITIATIVES FOR CELEBRATING THE COUNTRY'S RICH HISTORY AND EYE TO THE FUTURE IN THE YEAR 2000 IN CONJUNCTION WITH CELEBRATIONS BY STATE AND NATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the millennium presents a unique opportunity for the nation, states, counties, cities and villages to celebrate their history and to proactively plan to better serve their respective citizens in the year 2000 and beyond; and WHEREAS, it is appropriate at the dawn of a new century to celebrate the achievements and growth of the Village of Key Biscayne and its citizens; and WHEREAS, a blue ribbon task force of citizens from within the Village of Key Biscayne would bring new ideas and different perspectives to a proactive plan for an appropriate celebration for the millennium. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council of the Village of Key Biscayne hereby creates a Village of Key Biscayne Millennium Committee consisting of 9 members who shall serve without compensation and whose duties will be to: recommend and assist in launching upon acceptance of said recommendations celebrations by the Village of Key Biscayne for the millennium and ideas for service in 2000 and beyond. The chairperson shall be elected from among the task force members. Terms will be from the time of appointment to December 31, 2000, prior to which a full report shall be presented to the Council. Meetings will be quarterly at the call of the chair. All meetings will be open to the public. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 20th day of April 1999. T: "2-44j CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL Sill - RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR PURPOSES OF SOLICITING BIDS FROM SOLID WASTE HAULERS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village's existing contract with a solid waste hauler will expire in December, 1999; and WHEREAS, the bid and negotiation process requires a substantial amount of time; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is directed to issue a Request for Proposals for purposes of soliciting bids from solid waste haulers. Section 2. That the Village Manager shall review the bids and recommend a company to the Village Council who shall make the final selection. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIE H JAY WEISS, RICH VILLAGE ATTORNEY RESOLUTION NO. 99-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village desires to purchase certain lands and improvements from Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (the "Trust"); and WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in substantially the form attached hereto, between the Village and the Trust is hereby approved and the Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, in their respective capacities, on behalf of the Village. Section 2. That the Village Manager is authorized to take all action necessary to implement the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Purchase and Sale Agreement. Section 3. That the Village Manager and Village Attorney are hereby authorized to execute all documents necessary to complete the closing of the purchase and sale transaction in accordance with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing statements and other instruments necessary to close the transaction. Section 4. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 20th day of April AT - T: CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHATrD JAY WEISS, VILLAGE ATTORNEY 103032\ resolutions\ approving contract for purchase and sale of real property 2 JOE I. RASCO, MAYOR RESOLUTION NO. 99-30 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH MR. FRANK GARISTO, TO PROVIDE VIDEOGRAPHIC SERVICES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Frank Garisto has provided videography service for the Village since 1991; WHEREAS, Resolution 97-20 adopted April 8, 1997 authorized a three year contract with Mr. Garisto to provide video graphic services to the Village. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the original contract is canceled in accordance with Section 8 (Termination) of the contract provisions executed May 17, 1997. Section 2. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with Mr. Frank Garisto. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April, 1999. _JOE I. RASCO, MAYOR AT CONCHITA ALVAREZ, CMC, VILLAGE CLE RICH:f1RD J. WEISS, VILLAGE ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RESOLUTION NO. 99-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH THE EAST ENID DRIVE ROAD IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of lighting bollards and landscaping lighting fixtures will complement the E. Enid Dr. Road improvement project; and WHEREAS, the installation of lighting bollards and landscaping lighting fixtures will protect pedestrians and improve safety. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BBCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with E.S.P. of South Florida, Inc., for the installation of lighting fixtures in conjunction with the East Enid Drive Road Improvement project. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of A. f , 1999. 4,4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY CONCHITA H. ALVAREZ, CMC VILLAGE CLERK RESOLUTION NO. 99-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH U.S. LAWNS FOR THE PURCHASE AND INSTALLATION OF LANDSCAPE MATERIALS IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of landscaping in the traffic circles and median dividers on W. Mashta and Harbor Drive will complement construction of said devices; and WHEREAS, the installation of landscaping will aid in calming traffic and add aesthetically to the surrounding environment; and WHEREAS, the selected plant list was a collaborative effort between staff and the Village Beautification Foundation; and WHEREAS, the Village requested competitive bids, and U.S. Lawns was the lowest bidder. NOW 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 U.S. Lawns, for the purchase and installation of landscape materials in conjunction with traffic calming devices located on West Mashta Drive and Harbor Drive. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP I D this 20th day of April , 1999. AYOR JOE I. RASCO CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHAflD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO THE OCTOBER 13, 1998 CONTRACT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC. (SERVICES FOR THE PROPOSED FIRE STATION); PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the Village Council authorized O.B.M. Miami, Inc. to prepare a schematic design for the proposed Fire Station of the Village of Key Biscayne at the May 12, 1998 Council Meeting which was Phase I. The design was presented at the September 1, 1998 Council Meeting. Section 2. That the Village Council adopted Resolution 98-52, October 13, 1998 which authorized the Village Manager to execute an agreement with O.B.M. Miami, Inc. to complete (Phase II: Design Development Phase) for the Fire Station. The design was presented April 6, 1999. Section 3. That the Village Manager is hereby authorized and directed to execute the Amendment #1 to the October 13, 1998 agreement for the construction documents and bidding administration phases for the Fire Station. Section 4. Funds are available from the Capital Improvement Program (Village Facilities Reserve). Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April , 1999. atezw CONCHITA ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE RICHA J. WEISS, VILLAGE ATTORNEY 2 RESOLUTION NO. 99-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACTS TO PROVIDE THE FOLLOWING EMPLOYEE MEDICAL INSURANCE AND RELATED BENEFIT PROGRAMS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Request for Proposals (RFP) were advertised on February 26, 1999, in the Miami Daily Business Review and mailed to interested potential agents and companies; and WHEREAS, proposals were received on April 9, 1999 by the Finance Director; and WHEREAS, the Village Manager and the Finance Director reviewed each proposal and have made a recommendation; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA THAT THE FOLLOWING COVERAGES BE AWARDED TO THE RESPECTIVE COMPANY AS FOLLOWS: 1. Medical Insurance, including vision care, be awarded to AvMed Health Plan 2. Long -Term Disability be awarded to Guarantee Life Insurance 3. Term Life and AD&D be awarded to Standard Life Insurance Company 4. Legal Services be awarded to Pre -Paid Legal Services, Inc. 5. Cafeteria Plan be awarded to AFLAC and administered through KCI Financial Services, including dental coverage through American Dental Plan 6. Police/Firefighters Life & AD&D be awarded to The Hartford Life Insurance PASSED AND ADOPTED this 27th day ofApril, 1999. HITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FOR ND LEGAL SUFFICI RICHARD J. WE SS, VILLAGE ATTORNEY RESOLUTION NO. 99-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING THE CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS FOR EAST HEATHER DRIVE AND ISLAND DRIVE (PHASE ONE) IN THE AMOUNT OF $105,000 TO M.E.F. CONSTRUCTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council supports traffic calming as one form of increased public safety; WHEREAS, five (5) companies submitted sealed construction bids on March 23, 1999; and WHEREAS, M.E.F. Construction, Inc. submitted the lowest bid for said work; and WHEREAS, M.E.F. Construction, Inc. has proven to be a reliable contractor. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to contract M.E.F. Construction, Inc. for the construction of traffic calming improvements for East Heather Drive and Island Drive (Phase One) in the amount of $105,000. Section 2. Funds are available from the Capital Improvement Program - Traffic Calming. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of April, 1999 CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI tc RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING THE SIGNIFICANCE OF STILTSVILLE TO SOUTH FLORIDA HISTORY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the 1930s, Stiltsville, seven wooden framed houses resting above shallow water approximately one mile from nearest land, has provided cultural and historical significance to South Florida and the United States; and WHEREAS, Stiltsville has profound historical significance as its Quarter Deck Club, built in the 1940s was feature in Life Magazine in 1941 and NOAA aerial photography in 1945 documents the Stiltsville district to be over 50 years old; and WHEREAS, Stiltsville has provided a cultural and historic source of pride for South Florida residents and visitors who identify with this well-known Florida Landmark symbolizing the old Miami and the Miami of today; and WHEREAS, Stiltsville has substantially contributed to South Florida's civic, educational and tourist activities as the remaining seven homes of Stiltsville have been an integral part of the South Florida Historic tours; and WHEREAS, Stiltsville unique design has served as backdrop scenery for many television shows, movies, books and advertisements including the popular "Miami Vice" and Carl Hiaasen's "Skin Tight"; and WHEREAS, boaters use the Stiltsville homes as a navigational guide; and WHEREAS, Key Biscayne is the closest geographical neighbor to the Stiltsville community; and WHEREAS, since Hurricanes Donna, Betsy and Andrew ravaged South Florida, only seven of twenty-five precious homes constitute Stiltsville; their owners and supporters are committed to preserve this historic treasure. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council recognizes the historic significance and contributions to Florida made by Stiltsville. Section 2. The Village Council recommends that Stiltsville be not demolished as presently required by the present owners leases with the State of Florida. Section 3. The Village Council recommends that the National Park Service and the Department of the Interior find the funds to keep the existing structures under public ownership to preserve them for the community. Section 4. The Village Council will work to secure that Stiltsville be reconsidered by Biscayne National Park, the National Park Service and the US Department of Interior for entry into the National Register of Historic Places as strongly recommended by the Florida Department of State. Section 5. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this l Ith day of May , 1999. OE I. RASCO ST: CONCHITA H. ALVAREZ, CMC VILLAGE CLERK aaffr APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-37 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE FLORIDA LEGISLATURE, THE INSURANCE COMMISSIONER, THE FLORIDA CABINET AND THE GOVERNOR TO STRONGLY OBJECT TO THE REQUEST OF THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION TO RAISE RATES AS MUCH AS 253 PERCENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Windstorm Underwriting Association has proposed a new rate structure that would raise rates January 1, 2000 as much as 253 percent per year for a $100,000 house along the Miami -Dade County coast; and WHEREAS, the Village Council of the Village of Key Biscayne recognizes the impact that this increase would have on our community and urges the Florida Legislature to object to this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council strongly urges the Florida Legislature, the Insurance Commissioner, the Florida Cabinet and the Governor to object to this intolerable rate increase as proposed by the Florida Windstorm Underwriting Association. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOYI'ED this 11th day of May , 1999 ici304 HITA H. ALVAREZ, CMC, VILLA APPROVED AS TO ORM AND LEGAL S OE I. RASCO RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-38 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CREATIVE CAMP, INC. FOR PROFESSIONAL SUMMER CAMP SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, recreation and leisure experiences contribute to the physical and mental well being as well as the overall quality of life on Key Biscayne; and WHEREAS, The Recreation department has historically provided summer camp services for residents of the Village of Key Biscayne; and WHEREAS, contracting summer camp services is economically advantageous as this will minimize the need for additional Recreation Department Staff, while providing the Department a percentage of the profit from enrollment; and WHEREAS, Creative Camp, Inc has been recognized as providing excellent recreational programs. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Creative Camp, Inc., for professional summer camp services. A copy is attached and marked exhibit A. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this l lth day of May , 1999. OE 1. RASCO HITA H. ALVAREZ, CMC, VIII AGE APPROVED AS TO FORM AND LEGAL SUFFI RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-39 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 llth day of May , 1999. T: aid glaiieVa CONCHITA H. ALVAREZ, CMC, VILLAGE C MAYOR JOE I. RASCO APPROVED AS TO FORM AND I FGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY RESOLUTION NO. 99-4b A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE KEY BISCAYNE ATHLETIC CLUB TO INSTALL TWO ADDITIONAL PORTABLE BACKSTOPS ON THE VILLAGE GREEN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Athletic Club has found a need for additional portable backstops to be placed on the Village Green from March thru June 1999. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Key Biscayne Athletic Club is hereby authorized to install two additional portable backstops on the Village Green from March thru June 1999. Section 2, This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 lth day of May , 199 ITJb°JII! JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAG RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-41 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 9 THROUGH MAY 15,1999 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of May 9 through May 15, 1999 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 1974; 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, 155 officers have died in the line of duty during the past year. 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 9 through May 15, 1999 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 11th day of May , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND T FGAL SUFFI RICHARD J. WEISS, VILLAGF ATTORNEY RASCO RESOLUTION NO. 99-42 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 16 THROUGH MAY 22, 1999 AS EMERGENCY MEDICAL SERVICES WEEK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of May 16 through May 22, 1999 has been established as Emergency Medical Services Week as a time to recognize all emergency medical personnel serving in a variety of roles for their unselfish dedication to Florida's residents and visitors; and WHEREAS, emergency medical professionals and volunteers provide medical care to victims of sudden life -threatening injuries and illnesses, often under stressful conditions and in high- rise situations, to save the lives of others; and WHEREAS, the residents of and visitors to the state of Florida and especially Key Biscayne, benefit daily from the efforts of skilled dispatchers, first responders, emergency medical technicians, paramedics, emergency and trauma nurses, educators, emergency and trauma physicians, and support personnel; and WHEREAS, it is critical the general public be made aware of, understand and support, and effectively use its local emergency medical services system. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That in recognition to all emergency medical personnel serving in a variety of roles for their unselfish dedication to Florida's residents and visitors, the Village Council hereby recognizes May 16 through 22, 1999 as Emergency Medical Services Week. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of May , 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK U � 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-43 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APRIL 8, 1999 FINAL MASHTA BRIDGE AGREEMENT BETWEEN CONTRACTOR, CONE CONSTRUCTORS, INC., AND THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council, at their October 21, 1997 Council Meeting, awarded the contract for the construction of the Mashta Bridge to Cone Constructors, Inc., and WHEREAS, the Project is substantially completed as of April 7, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village of Key Biscayne Council authorizes the Village Manager to execute to April 8, 1999 Agreement between Cone Constructors, Inc., and the Village. Section 2. The Village Manager is authorized to execute any and all other documents to finalize this project. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of May , 1999. YOR.JOE I. RASCO of&J CONCHITA II. ALVAREZ, CMC, VILLAGE C OO Q! APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-44 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AWARDING THE CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS FOR WEST HEATHER DRIVE (PHASE TWO) IN THE AMOUNT OF $195,000 TO M.E.F. CONSTRUCTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council supports traffic calming as one form of increased public safety; and WHEREAS, five (5) companies submitted sealed construction bids on March 23, 1999; and WHEREAS, M.E.F. Construction, Inc. submitted the lowest bid for said work; and WHEREAS, M.E.F. Construction, Inc. has proven to be a reliable contractor. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to contract M.E.F. Construction, Inc. for the construction of traffic calming improvements for West Heather Drive (Phase Two) in the amount of $195,000. Section 2. Funds are available from the Capital Improvement Program - Traffic Calming. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this l lth day of May 1999. CONCHITA H. ALVAREZ, CMC, VILLAG OR APPROVED AS TO FORM AND T.FGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-45 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH TRAFFIC CALMING DEVICES LOCATED ON WEST MASHTA DRIVE AND HARBOR DRIVE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of accent landscaping lighting fixtures will compliment the recently constructed traffic calming devices located on West Mashta Drive and Harbor Drive; and WHEREAS, the installation of accent landscape lighting fixtures will compliment the recently approved landscape plan; and WHEREAS, the installation of accent landscape lighting fixtures will aid in calming traffic and improve safety. NOW, 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 E.S.P. of South Florida, Inc., for the installation of lighting fixtures in conjunction with traffic calming devices located on West Mashta Drive and Harbor Drive. Section 2. Funding for the entire project, installation of landscape materials, and accent lighting fixtures, is available in the Capital Improvement Fund: Interest Income, Harbor Drive, and Traffic Calming line items. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this llth day of May , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI rS RICHARD J. WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-46 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DESIGNATING THE ESTABLISHMENT OF A RESERVE FUND, "SPECIAL DISASTER RELIEF RESERVE FUND" FOR THE PURPOSE OF PROVIDING FUNDS FOR THE DEVELOPMENT, IMPROVEMENT AND ENHANCEMENT OF OUR EMERGENCY MANAGEMENT PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 22, 1998, the President of the United States of America declared an emergency disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and WHEREAS, Resolution 98-60, adopted December 8, 1998, authorizes the Village Manager to execute the Disaster Relief Fund Agreement (Hurricane Georges; FEMA-3131-EM-FL); and WHEREAS, the project applications were submitted to the appropriate federal and state agencies and were approved on June 4, 1998, in the amount of $112,926; and WHEREAS, the Florida Department of County Affairs approved the reimbursement application in the amount of $112,924, dated April 11, 1999, and was received by the Village on April 30, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is authorized to establish a Special Disaster Relief Reserve Fund and deposit the $112,924 in this account for future disasters. Section 2. That the Fund is only for the development and enhancement of our Emergency Management Plan when a natural disaster or hurricane is forecast or occurs. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of May , 1999. MAYOR JOE I. RASCO Adagiee CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-47 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH EAS ENGINEERING, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENVIRONMENTAL AND ENGINEERING SERVICES FOR PINES CANAL OVERLOOK AND DOCK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the enhancement of the Pines Canal Overlook and extension of the sidewalk to the State Park has been a Village Council High Priority Goal or better since 1998; and WHEREAS, the enhancement of Pines Canal will provide a sunset vista for Key Biscayne residents; and WHEREAS, this project requires both environmental and coastal engineering which can be provided by EAS Engineering, Inc.; and WHEREAS, the Village Council authorized the Village Manager to contract EAS Engineering, Inc. for general professional engineering services on August 25, 1998, via Resolution No. 98-41. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with EAS Engineering, Inc., at a cost not to exceed $19,500 for professional engineering services for Pines Canal Overlook and Dock. Section 2. The Village Manager is hereby authorized to execute and/or expand the scope of each of the four (4) "Tasks" separately, partially or completely, as is deemed necessary for this project. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 lth day of May , 1999 CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,t/fir a' 4 RICHARD J. WEISS, VILLAGE ATTORNEY A P• MAYOR JOE I. RASCO RESOLUTION NO. 99-48 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE; SUPERCEDING RESOLUTION NO. 99-29 ON THE SAME SUBJECT. WHEREAS, the Village desires to purchase certain lands and improvements from Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (the "Trust") and WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in substantially the form attached hereto, between the Village and the Trust is hereby approved and the Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, in their respective capacities, on behalf of the Village. Section 2. That the Village Manager is authorized to take all action necessary to implement the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Purchase and Sale Agreement. Section 3. That the Village Manager and Village Attorney are hereby authorized to execute all documents necessary to complete the closing of the purchase and sale transaction in accordance with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing statements and other instruments necessary to close the transaction. Section 4. That this resolution shall supercede Resolution No. 99-29, on the same subject matter. Section 5. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this llth day of May , 1999. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JOE I. RASCO, MAYOR CONCHITA H. ALVAREZ, CMC, VILLAGE C RICHARD JAY WEISS, VILLAGE ATTORNEY I03032\resoludons\purchase and sale agreement between wakefield and rebozo RESOLUTION NO. 99-49 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE ATTACHED FLOOR PLAN FOR THE NEW COUNCIL CHAMBER AND AUTHORIZING THE VILLAGE MANAGER TO CONSTRUCT THE SPACE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the existing Council Chamber does not provide sufficient space for citizens to attend Council meetings; and WHEREAS, it is in the best interests of our citizens to have a Council Chamber that provides sufficient seating and related improvements. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council approves the attached floor plan, improvements, and budget. Section 2. That the Village Council authorizes the Village Manager to lease the additional space at the same terms and conditions as the existing space in the building. Section 3. That the Village Council authorizes the Village Manager to prepare construction documents and construct the improvements pursuant to the procedures set forth in the Village Code. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS llth day of May , 1999. APPROVED AS TO FORM AND LEGAL SUFFICIENCY MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE CLE L4+--Th RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE A CONTRACT WITH THE DIVISION OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA TO PROVIDE PROFESSIONAL SERVICES TO THE VILLAGE OF KEY BISCAYNE THROUGH THE PLANNING AND CONSTRUCTION OF UPCOMING BUILDING PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to negotiate a contract with the Department of Management Services, State of Florida Division of Building Construction to provide professional services to the Village of Key Biscayne through the planning and construction of upcoming building projects. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 11th day of May , 1999. R JOE I. RASCO CONCHITA H. ALVAREZ, CMC VILLAGE CLERK VY� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE TO ENTER INTO A CONTRACT WITH THE KEY BISCAYNE MUSIC AND DRAMA CLUB FOR CO-SPONSORSHIP OF A THEATRICAL PRODUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Key Biscayne Music and Drama Club (the "Club") has requested that the Village enter into a contract with the Club by which the Village and Club would co-sponsor the theatrical production of "Your A Good Man, Charlie Brown;" and WHEREAS, the Village Council finds that facilitating the accomplishment of such theatrical production serves a beneficial public purpose for the Village by providing cultural and entertainment opportunities for Village residents and tourists. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are hereby adopted and confirmed. Section 2. That the Village Manager is hereby authorized to negotiate and enter into a contract with the Club in the amount of $2,000, on behalf of the Village, for the purposes of accomplishing the above described theatrical production, subject to review and approval of the legal sufficiency of such contract by the Village Attorney. Section 3. That the above referenced contract shall be structured in a manner which requires the performance of services by the Club and shall not constitute a grant or charitable contribution which is restricted pursuant to Section 7.05 of the Village Charter. Section 4. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 11th day of May , 1999. hAcig/7 CONCHTTA H. ALVAREZ, CMC VILLAGE CLERK JOE I. RASCO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY 103001kesolutionslauthorizing contract with key biscayne music and drama club RESOLUTION NO. 99-52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIAMI, FLORIDA, FOR STORMWATER CATCH BASIN CLEANING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, stormwater catch basin cleaning is important to pollution prevention and required by law to operate a stormwater system; and WHEREAS, Pollution Elimination Corporation (PELCO) submitted the lowest price during competitive bid for said activities. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Pollution Elimination Corporation (PELCO), Miami, Florida, for stormwater catch basin cleaning. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of May , 1999 MAYOR JOE I. RASCO ATTEST: C • ' CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-53 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN PROPOSAL WITH THE MIAMI DADE COUNTY PUBLIC SCHOOL M.A.S.T. ACADEMY FOR FIELD USAGE FOR FOURTEEN GAMES ON THE VILLAGE GREEN ON WEDNESDAYS FROM 2 P.M. TO 4 P.M. FROM NOVEMBER 3,1999 TO FEBRUARY 24, 2000. IN RETURN M.A.S.T. ACADEMY WILL PROVIDE ONE HOUR OF, LIFEGUARD STAFFED, POOL USE MONDAY THROUGH FRIDAY FROM JUNE 21,1999 TO AUGUST 13,1999; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, It would be mutually beneficial to both parties to enter into this agreement; and WHEREAS, The M.A.S.T. Academy field usage would not conflict with Key Biscayne recreation or athletic programs during the duration of this agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute this proposal, on behalf of the Village, with M.A.S.T. Academy, for the use of the M.A.S.T Academy pool in return for permitting M.A.ST. Academy to use the Village Green. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP 1'ED this Il th day of May , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY OR JOE I. RASCO RESOLUTION NO. 99-54 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE FLORIDA BUILDING COMMISSION TO ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE RESIDENTS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Building Commission will submit to the State of Florida Legislature, before the year 2000 regular session, the Florida Building Code; and WHEREAS, the Florida Building Commission is at present reviewing, revising and drafting the Florida Building Code; and WHEREAS, Miami -Dade County is the most populated County and its geographical location in the State of Florida is the most likely to be subject to tropical hurricanes; and WHEREAS, the proposed drafts of the Florida Building Code will not ensure the adequate protection of the structural and envelope components of buildings; administrative safeguards, satisfactory permit plans review and capable construction inspection; and WHEREAS, there is an immediate need to address this issue on an emergency basis. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor and the Village Council of the Village of Key Biscayne hereby petition the Governor of the State of Florida, the State of Florida Legislature and the Florida Building Commission to adopt and allow the use of the South Florida Building Code in hurricane prone areas such as Miami -Dade County. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of June , 1999. JOE I. RASC CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL S iet al —_ RICHARD JAY WEJSS, `$LLAGE ATTORNEY RESOLUTION NO. 99-55 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO WAIVE THE COMPETITIVE BIDDING PROCEDURES IN ACCORDANCE WITH KEY BISCAYNE PURCHASE CODE SEC. 2-85 ALLOWING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH CHRISTMAS DESIGNERS, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Christmas Designers, Inc. was awarded the 1998 Winterfest contract as a result of a competitive bid process; and WHEREAS, the Winterfest Committee, Public Works Department and Recreation Department were all satisfied with the level of service provided by Christmas Designers, Inc. in 1998; and WHEREAS, items purchased from Christmas Designers, Inc. before June 30, 1999 will be reduced by twenty five percent. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE AS FOLLOWS: Section 1. In accordance with Section 2-85 of the Key Biscayne Purchase Code the Council waives the competitive bidding process. Section 2. The Village Manager is hereby authorized to execute this agreement, on behalf of the Village, with Christmas Designers, Inc., for Winterfest products and services in accordance with the format being approved by the Village Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of June , 1999. CO HITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD J. WEIS$, IL.LAGG ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-56 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH PINSKY MITCHELL PARTNERS, WEST PALM BEACH, FLORIDA; FOR PROFESSIONAL INTERGOVERNMENTAL REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pinsky Mitchell Partners has proven to be effective in legislative matters pertaining to the Miami Seaquarium expansion; and WHEREAS, state agencies complete their legislative proposals and requests to the governor at different times throughout the year, therefore, lobbying during the developmental stage, out of sessions, is usually more effective; and WHEREAS, the Village may be better served by securing intergovernmental representation on an annual basis, to maintain a proactive stance and provide contiguous planning. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Pinsky Mitchell Partners for Professional Intergovernmental Representation. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of June MAYOR adidahnte CONCHITA H. ALVAREZ, CMC VIT J AGE CLERK APPROVED AS TQ FOORM AND LEGAL SUFFICIENCY: et RICHARD AY W IayS, GE ATTORNEY c) RESOLUTION NO. 99-57 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING SITE PLAN "B" FROM THE CIVIC CENTER WORKSHOP AS "THE VILLAGE CIVIC CENTER SITE PLAN"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council held a Civic Center Workshop on April 6, 1999 to discuss the overall planning, placement, and financing of the proposed Village Civic Center; and WHEREAS, the Village Council reviewed several Proposed Civic Center Site Plans; and WHEREAS, the Village Council has determined Site Plan "B" to be the best possible starting point for the development of our Civic Center; and WHEREAS, adoption of a Civic Center Site Plan is the corner stone to proceeding with the design and construction of our municipal buildings. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Civic Center Site Plan "B" is adopted as "The Village Civic Center Site Plan" to be used as a guide for all planning, financing, development, and construction of our municipal buildings. Section 2. That the Village Council establishes the following dates to start construction of the following projects: the Fire Station on October 1999; the Police Station on January 2000 and the Community Center on March 2000 and to hold a meeting with the consultants by November 1999. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of JJ Aciathe CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO;2FORM AND LEGAL SUFFICIE sirc2: RICHARD . WEIfS , VILLAGE ATTORNEY CIVIC CENTER WORKSHOP Aritu,6,1999 (PROPOSED VILLAGE CIVIC CENTER MASTER PLANS, CONTINUED) 4. Alternate Site Plan "B" This plan is a combination of the two previously described site plans, Alternate Site Plan "A" and the Site Plan in Response to Resolution 98-21. • Positives: 1. Village I3a1UCommunity Theater, and police and fire administrative offices are combined into one building for ease of operation and convenience to the public. 2. The phased expansion of the community center remains feasible. 3. No relocation costs associated with temporarily housing fire personnel and fire apparatus as well as no interruption of emergency services. 4. This plan allows for the existing apparatus room to remain in place for future storage use and for parking facilities for the next 5-7 years. • Negatives: 1. The building placements will hinder future expansion of parking facilities. EXI5fIN6 APPARA ROOM ALTERNATE PLAN "S" SCALE s 1,100 71 seilaTs:41 1• 11 sly. eta fIIILa fief" ewe als oiiiri .., yipllililJl/j Il> 1 CIVIC CENTER WORKSHOP. ,. . ; V. PROPOSED VILLAGE CIVIC CENTER MASTER PLANS A. Components of the Village Civic Center The following is a breakdown of the elements that comprise the Village Civic Center as defined in the Civic Design Charrette and in post Charrette work sessions: • Community Center: This facility is envisioned to be a 20,000 square foot multi- functional building containing an indoor gymnasium with basketball courts, racquet ball or squash courts, meeting and class rooms, a weight room, restrooms with lockers, a reception area and administrative offices. • Fire Station: This stand alone 15,710 square foot facility is being designed as a four -bay drive through apparatus room, with living and support facilities for 12 on -duty fire personnel. • Police Station and Emergency Services Facility: This facility is comprised of approximately 15,000 square feet and will house the entire police department. Fire administrative offices (2000 square feet) shall be located in this structure. • Village Administrative Offices: This facility is envisioned to be approximately 10,000 square feet and will house the Village Manager's Office, Village Clerk's Office; the Finance and Administrative Offices, the Building, Zoning and Planning Department; and Public Works. • Village Hall: The facility will be used as Council Chambers, a Continually Theater, and a public meeting room. This facility should be designed to hold at a minimum, 150 people. • Village Green Entrance Pavilion: This will facilitate the drop-off and pick-up at the Community Center and serve to connect the Village Civic Center with the Village Green. CWIC CENTER WORKSHOP: APRIL 6,1919 (PROPOSED VILLAGE CIVIC CENTER MASTER PLANS, CONTINUED) B. Site Plans 1. Charrette Site Plan - Presented January 1998 • Positives: 1. "Village Hall", serving as Council Chambers, Community Theater, and the main public space of the Village Center is created. Its location terminates W. Mc Intyre Street from both the commercial and residential sides of the island and converts W. McIntyre Street from the main "escape route" to the main civic street ofthe community. 2. A Municipal parking structure housing over 220 cars with a 15,000 square foot liner building will occupy the southeast Rebozo property. The programming of this facility is intended to house administrative offices, retail and relocating civic functions such as the post office. • Negatives: 1. The initial design of the police department's split level "gateway" building is unfeasible for the purpose of a police; operations facility. 2. The current fire and police trailer would have to be tom down, disrupting emergency service and resulting in temporary relocation costs. The cost associated with temporarily relocating the police and fire departments has been identified upwards of $500,000. 2. The integration of municipal, and federal functions resulting from a public/ private joint venture could be difficult from a logistical point of view. CIVIC CENTER WORKSHOP Arxn.6,1999 (PROPOSED VILLAGE CIVIC CENTER MASTER PLANS, CONTINUED) 2. Site Plan in Response to Resolution 98-21 This plan is a modification of the plan presented in September 1998. In this plan the location of the fire and police buildings have been switched, due to relocation cost associated with tenmporanly housing fire personnel and fire apparatus. Positives: 1. In this plan the Fire Station facility is sited in the southeast corner of W. Meiutyre;Street and Femwood Road. This location will allow for eonstruction$o proceed without utterrnption of Fire Rescue services. The existing apparatus and dormitory building will remain intact during construction,'Ehus avoiding relocation costs. 2. "Village Hall" serving as Council Chambers, Community Theater, and the main public space of the Village Center is created. Its location terminates W. Me intyre Street from both the commercial and: resident"lalsides oftlieisland and converts W. McIntyre Street from the main "escape route" to the main cane street of the community. 3. This plan offers more variety and expansion for the Community Center than was originally planned during the Charrette. The revised planwill allot more space for outdoor recreational facilities abutting the Community Center. 4. A Municipal parking structure housing over 220 cars with a 15,000 square foot liner`building will o y the southeast Rebozo property. I lie programming of this facility i intended to house administrative offices, retail and relocating 'diode itinctions such as the post office Negatives:, 1. The integration of municipal and federal functions resulting from a public/ private joint venture could be difficult from a logistical point ofview. 2. The trailer housing fire and police administration would have to be relocated during construction. The location of the police building would require removal of the existing apparatus room. (Estimated value $350,000). 3. The Police Station property. is currently owned by Miami -Dade County, and leased (30 year lease) by. the Village. 4. Police Station construction can not begin anti' Fire Station is completed. 5. Total inconvenience and hindrance to operation of Police Department. PARKING STRUCTURE (+/- 250 SPACES) ADMINISTRATIVE OFFICES POST OFFICE / RETAIL RESOLUTION PLAN MODIFIED saALE. moo Aram 6,1999, (PROPOSED VILLAGE CIVIC CENTER MASTER PLANS, CONTINUED) 3. Alternate Site Plan "A" Positives: Village departments have been combined for a sort of "one -stop shopping" ; for Village residents. The fire and police administrative offices, Village administrative offices and a smaller ,Council Chambers are integrated in a facility located on the Southeast comer of the Rebozo property, 2. The Village Hall/Community Theatre has been moved to the same site as the Community Center. Thiswill facilitate the inter- relationship elationship between the two facilities. 3. This plan allows future parking structure expansion. as well as continued use of existing apparatus room as deemed necessary. 4. There are no relocation costs and no interruption of emergency services. • Negatives: 1. The. ceremonial Village Ball as envisioned in the.Charrette is not present; thus eliminating the main focal point of the Civic center and its positive effects on converting W. McIntyre Street into a more pedestrian friendly, low speed street. CIVIC CEN 1'ER WORKSHOP Aram 6,1999 (PROPOSED VILLAGE CIVIC CENTER 1VIASTER PLANS, CONTINUED) 5. Alternative Site Plan "C" This planhas the Village Administration, Village Council Chambers/ Community Theater integrated with the Fire Resent and Police Administration Facilities in one large building. In addition, there is aparking garage with a liner building adjacent to the. Community Center. Lawn entrance feature at the intersection of Crandon Boulevard and West McIntyre Street. Positives;: Village Administration and Community Theater are combined and affront Crandon Boulevard for high visibility and easy access. 2. The presentFire Rescue Apparatus Room would remain in situ for an extended period of time, providing for useful storage and a savings of ($100,000). 3. Police and Fire Rescue activities would be uninterrupted through out the construction and development of the Civic Center. Negatives: 1. Location of a parking structure and/or parking lot on a main Civic Center street. 2. Parking deficit until the ex=isting SunTrust Building is removed. 3. Multi -functional building containing Police/Fire Administration, Village Administration, and Village Hall Community Theater does not allow incremental (phased) completion of the Civic Center. POLICE STATION, VILLAGE COUNCIL CHAMBERS / COMMUNITY THEATE' RESOLUTION NO. 99-58 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING PROCEDURES AND RULES FOR THE HEARING OF QUASI- JUDICIAL MATTERS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, quasi-judicial proceedings require the observation of certain procedural safeguards in order to ensure that fundamental due process is accorded; and WHEREAS, decisions of the Village Council in quasi-judicial proceedings must be based on competent substantial evidence which is placed in the record at the hearing on the matter; and WHEREAS, the Village Council has directed that the appropriate rules be adopted by resolution; and WHEREAS, it is in the best interest of the citizens and property owners of the Village of Key Biscayne to adopt rules of procedure for quasi-judicial matters which will place all interested persons on notice of how these hearings will be conducted. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That the procedures attached hereto as Exhibit "A," are hereby adopted and will govern the hearing of quasi-judicial matters in the Village of Key Biscayne. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of Jun JOE I. RA CONCHTTA ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFI RICHARD Y WE V t AGE ATTORNEY C:\MyDocuments\WordData\WSAP&G\KeyBiscaynelquasi judicialprocedures adoption.doc6/2/99 8:16 AM RESOLUTION NO. 99-59 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR FIRE STATION PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Second Amendment to Village of Key Biscayne Agreement for Professional Architectural Services for Fire Station Project (the "Second Amendment to Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Second Amendment to Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Second Amendment to Agreement on behalf of the Village. Section 2. Effective Date. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of June , 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CT FRK APPROVED AS TO FO RICHARD JAY SS OR JOE I. RASC AL SUFFICIENCY: SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR FIRE STATION PROJECT THIS SECOND AMENDMENT TO AGREEMENT IS MADE THIS 23Rd. DAY OF JUNE, 1999. WHEREAS, on the 13th of October, 1998, the Village entered into an Agreement for Professional Architectural Services for Fire Station Project (the "Agreement") with O.B.M. Miami, Inc. ("O.B.M. "); and WHEREAS, the Agreement was amended on April V*, 1999; and WHEREAS, the Council desires to amend the Agreement to provide for OBM's responsibility to coordinate with the State Department of Management Services. IN CONSIDERATION OF TIW MUTUAL COVENANTS SET FORTH IN THIS AMENDMENT TO AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. That Section XV "Coordination" is hereby created to read as follows: XV. COORDINATION A. OBM shall provide its services in coordination with the service of the State Department of Management Services, and in compliance with Village's Agreement of June , 1999 with the Building Construction ("BC") section of the State Department of Management Services (the "Village/State Agreement). B. OBM agrees that the inability of the Village to approve the award of an acceptable construction contract because the BC is unable to successfully negotiate with the most qualified contractor for a guaranteed maximum price which is not greater than the available budgeted funds shall be cause for OBM to be required, at no additional charge to Village, to revise the project design at OBM's own cost and expense in accordance with the requirements of the Village/State Agreement until a contract can be awarded within the Project amount budgeted. 2. That except as amended above, and as previously amended, the Agreement shall remain in full force and effect in accordance with its terms. P4 WITNESS WHEREOF, the parties hereto have accepted, made and executed this Second Amendment to Agreement upon the terms and conditions above stated on the day and year first above written. OBM: O.B.M. Miami, Inc. 2600 Douglas Road Suite 510 Coral Gables, FL 33134 VILLAGE: C. Samuel Kissinger, Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 By: C. Samuel ~singe Village Manager Pursuant to Village Council action on the ZZesl day of June, 1999. Village Attorney 103001\agteements\second amendment to professional arrdtitectmai services for fire station RESOLUTION NO. 99-60 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, LOCAL PLANNING AGENCY, RECOMMENDING THE ADOPTION OF ARTICLE I, "TITLE, INTENT, PURPOSE AND METHOD," ARTICLE II, "DEFINITIONS," ARTICLE III, "GENERAL PROVISIONS," ARTICLE IV, "ADMINISTRATION OF THE ZONING ORDINANCE" AND ARTICLE VI, "CONCURRENCY MANAGEMENT REGULATIONS" INTO THE ZONING AND LAND DEVELOPMENT REGULATIONS OF THE VILLAGE. WHEREAS, one of the primary reasons for incorporating the Village was to exercise control over the growth and development that occurs on Key Biscayne; and WHEREAS, the Village Council has determined that the Miami -Dade County Land Development Regulations (the Land Development Regulations effective in the Village currently) do not properly regulate the type of development that is desired in the Village; and WHEREAS, the 1999 Goals and Objectives for the Village list the development of new Land Development Regulations ("LDRs") as a priority; and WHEREAS, Section 163.3194(2), Florida Statutes, requires that the local planning agency review and make recommendation as to the relationship of any proposed land development code to the adopted comprehensive plan; and WHEREAS, the Village Council has been designated as the local planning agency for the Village and has reviewed the articles I, II, Ill, IV and VI of the proposed LDRs; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA, LOCAL PLANNING AGENCY, AS FOLLOWS: 1 Section 1. That it finds Article I, "Title, Intent, Purpose and Method" consistent with the adopter Comprehensive Plan of the Village and recommends its adoption by the Village Council. Section 2. That it finds Article II, "Definitions," consistent with the adopter Comprehensive Plan of the Village and recommends its adoption by the Village Council. Section 3. That it finds Article III, "General Provisions," consistent with the adopter Comprehensive Plan of the Village and recommends its adoption by the Village Council. Section 4. That it finds Article IV, "Administration of the Zoning Ordinance," consistent with the adopter Comprehensive Plan of the Village and recommends its adoption by the Village Council. Section 5. That it finds Article VI, "Concurrency Management Regulations," consistent with the adopter Comprehensive Plan of the Village and recommends its adoption by the Village Council. Section 6. That this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOP1'hD this 2otfiday o%uty 1999. see CHITA ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORIA RICHARD JA WEIS JOE AND GALS 2 RESOLUTION NO. 99-61 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE FIRST SERVE AT THE ERICSSON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY PARTNERSHIP FOR THE HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Ericsson Open Championships in conjunction with the First Serve at the Ericsson desires to conduct a benefit program for the Community Partnership for the Homeless and the Ashe-Buchholz Tennis Center at Moore Park on Tuesday, March 22, 2000 (or thereabouts) at the Tennis Center at Crandon Park, (the "Event"); and WHEREAS, Miami -Dade County in their letter dated June 9, 1998, marked Exhibit A and attached to this Resolution, addressed to the Village Attorney, Joseph H. Serota, Weiss Serota Helfman Pastoriza & Guedes, P.A., provided the Village with assurances that the agreement of the Village to permit the Event will never be considered by the County as a waiver of the Village's right to enforce the Declaration limiting the use of the Tennis Center at Crandon Park in the future, and that the Village's agreement to allow the Event will not be considered an admission of any kind that this Event or future events are consistent with the Declaration. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The First Serve at Ericsson Fund Raising Program Event on March 22, 2000, or thereabouts, is hereby approved in reliance upon and in accordance with the terms and conditions as outlined in a letter dated June 7, 1999, marked Exhibit B and attached to this Resolution, addressed to the Village Manager from the Vice President, Community Affairs, Ericsson Open, Mr. Tom Annear, and subject to the condition that all net program proceeds shall benefit the Community Partnership for the Homeless and the Ashe-Buchholz Tennis Center at Moore Park. Section 2. The Declaration concerning the use of the Tennis Center at Crandon Park shall remain in full force and effect, and the Village reserves the right to strictly enforce such Declaration. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of July , 1999. MAYOR JOE I. RASCO Al"1'hST: cocaudA 1 -. R-tVg p CONCHITA EL ALVAREZ, CMC `�' VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFIC RESOLUTION NO. 99-62 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Village of Key Biscayne Agreement for Professional Architectural Services for Community Center Project (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Agreement on behalf of the Village. Section 2. Effective Date. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this __20th day of July, 1999. MAYOR JOE I. RASCO AI LEST: CONCHITA H. ALVAREZ, C VILLAGE CLERK APPROVED AS TO F O . s LEGAL S e2 RICHARD JA WEISS,Vt 1 A _ ATTORNEY RESOLUTION NO. 99-63 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PURCHASE AND SALE AGREEMENT BETWEEN THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AS MODIFIED AND AMENDED, AND THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT; AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION; PROVIDING FOR EFFECTIVE DATE; SUPERCEDING RESOLUTION NO. 99-48 ON THE SAME SUBJECT. WHEREAS, the Village desires to purchase certain lands and improvements from Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (the "Trust"); and WHEREAS, the Village Council finds that the approval of the Purchase and Sale Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Purchase and Sale Agreement (the "Purchase and Sale Agreement"), in substantially the form attached hereto, between the Village and the Trust is hereby approved and the Village Manager and Village Clerk are authorized to execute such Purchase and Sale Agreement, in their respective capacities, on behalf of the Village. Section 2. That the Village Manager is authorized to take all action necessary to implement the Purchase and Sale Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Purchase and Sale Agreement. Section 3. That the Village Manager and Village Attorney are hereby authorized to execute all documents necessary to complete the closing of the purchase and sale transaction in accordance with the Purchase and Sale Agreement, and the Village Manager is authorized to execute all closing statements and other instruments necessary to close the transaction. Section 4. That this resolution shall supercede Resolution No. 99-48, on the same subject matter. Section 5. That this resolution shall become effective upon its adoption. PASSED AND ADOYl'ED this 20th day of July, 1999. Al 'EST: Olin( 1-11 Cn b -k. OP,Uos CONCHITA H. ALVAREZ, CM GE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD ` Y VWE . ` , ! AGE ATTORNEY 103032\ agreements\purchase and sale agreement between wakefield and rebozo JOE I. RASCO, MAYOR RESOLUTION NO. 99-64 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED PROJECT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) BUREAU OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM ESTABLISHING STATE COST - SHARING COMMITMENTS AND PROJECT IMPLEMENTATION RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions and preparation for the pending beach nourishment; and WHEREAS, the Village Long Range Beach Nourishment Plan, adopted via Resolution 97-55 on October 28, 1997, recommends that the Village beach be nourished with approximately 120,000 cubic yards of sand to restore the storm protection and recreational benefits of the original 1987 beach restoration; and WHEREAS, pursuant to Chapter 161, Florida Statutes, the 1998 State Legislature appropriated $1,189,000 to provide the State share of the estimated $2,670,000 project cost (see attached chart). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached project agreement, on behalf of the Village, with the Florida Department of Environmental Protection (DEP) Bureau of Beaches and Coastal Systems Florida Beach Erosion Control Program establishing State cost -sharing commitments and project implementation responsibilities for the Village of Key Biscayne Beach Renourishment Project. Section 2. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of July , 1999. AlLEST: Mow kA (4-.(Oo CONCHITA H. ALVAREZ, CM ( VILLAGE CLERK MAYOR JOE I. RASCO APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEIS " ILL. GE ATTORNEY RESOLUTION NO. 99-65 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY ESTABLISHING LOCAL COST - SHARING COMMITMENTS AND PROJECT IMPLEMENTATION RESPONSIBILITIES FOR THE VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT; PROVIDING FOR AN El'r'ECTIVE DATE. WHEREAS, the Village Council has historically supported beach preservation through dedicated funding, resolutions and preparation for the pending beach nourishment; and WHEREAS, the Village Long Range Beach Nourishment Plan, adopted via Resolution 97-55 on October 28, 1997, recommends that the Village beach be nourished with approximately 120,000 cubic yards of sand to restore the storm protection and recreational benefits of the original 1987 beach restoration; and WHEREAS, pursuant to Chapter 161, Florida Statutes, the 1998 State Legislature appropriated $1,189,000 to provide the State share of the estimated $2,670,000 project cost; and WHEREAS, Miami -Dade County serves as the Local Sponsor for all federal beach renourishment activities within Miami -Dade County and serves to coordinate all erosion control activities associated with maintaining the viability of Miami -Dade beaches; and WHEREAS, Miami -Dade County has agreed to pay a portion of the local cost of the Proposed Beach Renourishment, matching the percent offered by the State of Florida (see attached chart). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached interlocal agreement, on behalf of the Village, with Miami -Dade County establishing local cost -sharing commitments and project implementation responsibilities for the Village of Key Biscayne Beach Renourishment Project. Section 2. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20 day of July , 1999. Al 1EST: CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO RM ^ s 1 LEGAL SUFFI RICHARD JA S ` ILLAGE ATTORNEY MAYOR JOE I. RASCO /R� RESOLUTION NO. 99-66 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED ADDENDUM TO THE AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PROPOSED 1999 VILLAGE BEACH NOURISHMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council, via Resolution 99-6 adopted January 12, 1999, authorized the Village Manager to contract Coastal Systems International, Inc. to perform engineering services for the Proposed Village Beach Nourishment, in an amount not to exceed $395,000; and WHEREAS, a portion of this engineering was authorized by the Village Manager on January 22, 1999, via Work Order #1; and WHEREAS, the attached addendum proposal is a continuation and expansion of the aforementioned agreement; and WHEREAS, "Additional Field Investigations" were requested by the United States Army Corps of Engineers (COE), the State of Florida Department of Environmental Protection (DEP) and the Miami -Dade County Department of Environmental Resources Management (DERM), in respect to potential seagrass impacts; and WHEREAS, these "Additional Field Investigations" were not, and could be, accounted for in the original proposal; and WHEREAS, the expanded scope of engineering will be of significant benefit to the project, may ultimately reduce construction costs, and is 75% cost -shared by the State and County. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached addendum to the agreement with Coastal Systems International, Inc. Coral Gables, Florida, for professional engineering services for the Proposed 1999 Village Beach Nourishment. Section 2. This authorization includes the expenditure of an additional $76,500 for "Additional Field Investigations" as requested by the United States Army Corps of Engineers (COE), the State of Florida Department of Environmental Protection (DEP) and the Miami -Dade County Department of Environmental Resources Management (DERM). Section 3. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of July , 1999. AI LEST: 1-U .(1) CONCHITA H. ALVAREZ, C VIII AGE CLERK APPROVED AS TO A LEGAL SUFFI RICHARD JA Tht ATTORNEY MAYOR JOE L RASCO RESOLUTION NO. 99-67 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Second Amendment to Village of Key Biscayne Employment Agreement with the Village Manager, C. Samuel Kissinger (the "Second Amendment to Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Second Amendment to Agreement, in substantially the form attached hereto, is hereby approved and the Mayor is authorized to execute such Second Amendment to Agreement on behalf of the Village. Section 2. Effective Date. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 20th day of July , 1999. ATTEST: c CONCHITA H. ALVAREZ, CM �.1 VILLAGE CLERK E I. RASC�'OS, • -, APPROVED AS T 0 P LEGAL SUFFI SECOND AMENDMENT TO EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 3rd day of August, 1999, between the Village of Key Biscayne (the "Village") and C. Samuel Kissinger (the "Employee"). WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Employee's employment as Village Manager of Village and amended the Agreement on November 19, 1996; and WHEREAS, the parties desire to amend the Agreement as provided in this Second Amendment to Employment Agreement (the "Amendment to Agreement"); and WHEREAS, the Agreement, as amended herein, shall constitute the Amended Agreement. NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE VILLAGE AND EMPLOYEE AGREE THAT THE AGREEMENT IS HEREBY AMENDED, AS PROVIDED IN PARTS A -D: PART A. That Section 2(A) of the Agreement entitled "Term of Employment" is hereby amended to read as follows: SECTION 2. TERM OF EMPLOYMENT (A) Employee's term of employment shall be from November 19, 1996 until January 26, 2001, unless terminated as provided in the Amended Agreement. Six (6) months prior to the expiration of this Amended Agreement, the Village Council and the Employee shall meet to discuss the re -negotiation or renewal of this Amended Agreement if requested by either party. PART B. That Section 3 of the Agreement entitled "Termination by Village and Severance Pay" is hereby amended, to read, in its entirety, as follows: (A) In the event that the Employee is terminated by the Village Council during the term of employment extension provided by this Second Amendment to Agreement, at which time Employee is ready, willing, able and continually available to perform his duties under this Amended Agreement, the Village agrees to pay Employee a lump -sum cash payment equal to six months aggregate salary. (B) In the event that the Employee is terminated because of conduct unbecoming a public official, including but not limited to criminal conduct, the Village shall have no obligation to pay the aggregate severance sum designated in subparagraph (A) above. If Employee's employment is terminated pursuant to this subparagraph (B), then the Village shall pay to Employee all accrued compensation due to the Employee as of the date of termination. After the payment described in the immediately preceding sentence of this subparagraph (B), the Village shall have 110 further obligation to Employee pursuant to the Amended Agreement. PART C. That Section 5(A) of the Agreement entitled "Salary" is hereby amended to provide for an annual base salary of $141,000.00, payable hi equal twice monthly installments, effective as of October 1, 1999. The current salary level shall continue until October 1, 1999. PART D. VILLAGE AND EMPLOYEE FURTHER AGREE that except as amended by this Second Amendment to Agreement, that certain Employment Agreement of February 25, 1992, as previously amended, shall remain in full force and effect. Accordingly, an annual housing allowance of $12,000.00, payable in equal monthly installments, shall continue for the term hereof. IN WITNESS WHEREOF, the Village of Key Biscayne as Village and C. Samuel Kissinger, as Employee, have caused this Agreement to be signed and executed, in duplicate, the day and year first written above. VILLAGE OF KEY BISCAYNE BY ITS VI GE COUNCIL VILLAGE ATTORNEY APPROVED AS TO FORM: 1030011agreementslsecond amendment to employment agreement-csk C. SAMUEL KISSINGER C. SAMUEL KI ' ` GER RESOLUTION NO. 99-68 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING AGREEMENT FOR SERVICES BETWEEN THE BUILDING CONSTRUCTION SECTION OF THE DEPARTMENT OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR PROJECT MANAGEMENT SERVICES IN CONNECTION WITH THE PROPOSED VILLAGE COMMUNITY CENTER, FIRE STATION, POLICE STATION AND VILLAGE ADMINISTRATIVE OFFICES (THE "PROJECT"); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 255.31, Florida Statutes, the Building Construction Section ("BC") of the Department of Management Services of the State of Florida, is authorized and qualified to perform municipal project management services; and WHEREAS, the Village Council desires to obtain the services of the BC upon the Village projects including the proposed Village Community Center, Fire Station, Police Station and Village Administrative offices (the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Agreement for Services (the "Agreement"), in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute the Agreement on behalf of the Village. Section 2. That the Village Manager and Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 3. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th Al 1EST: e n kty O b Wit CONCHITA H. ALVAREZ, CMS /ed\C VILLAGE CLERK MAYOR JOE 1. RASCO day of July , 1999. RESOLUTION NO. 99-69 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC 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, 1999 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 1999 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 3.606 mills which is $ 3.606 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 $ 3.5394 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 9, 1999 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 September 21, 1999 7:00 p.m. Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 Section 4. That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County on or before August 4, 1999. Section 5. This resolution shall be effective immediately upon its adoption. PASSED AND ADOP I'ED this 20th day of July , IS MAYOR JOE I. RASCO /dais x `t. ATTEST: Oirocrlit4{ . ant CONCHITA H. ALVAREZ, CMC, EC APPROVED AS TO LEGAL SUFFICIENCY: RESOLUTION NO. 99-70 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA INDICATING THE OFFICIAL INTENT OF THE VILLAGE COUNCIL TO ISSUE TAX-EXEMPT BONDS TO FINANCE THE COST OF LAND ACQUISITION AND CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMINISTRATIVE OFFICES AND TO USE A PORTION OF THE PROCEEDS OF SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR TO THE DATE OF ISSUANCE THEREOF. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") intends to issue tax-exempt bonds (the "Bonds") or Notes (the "Notes") for the purpose of financing the acquisition of land and construction of a fire station, police station, community center and Village administrative offices located within the Village (the "Project"); and WHEREAS, a portion of the cost of the Project may be paid before the Bonds or Notes are issued in anticipation of the reimbursement of such expenditures from proceeds of the Bonds or Notes; and WHEREAS, Section 1.150-2(d) of the Federal income tax regulations require the Village to officially declare its intent to use proceeds of such Bonds or Notes to reimburse expenditures paid prior to issuance thereof as a prerequisite to the proceeds being treated as used for reimbursement purposes; NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLIAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council intends to issue the Bonds or Notes in one or more series in the maximum principal amount not exceeding $20,000,000 (including the Bonds authorized on the date hereof in the amount of $10,000,000) to finance or reimburse expenditures made in connection with the Project. The Bonds or Notes are expected to be paid from available non -ad valorem revenues of the Village. Section 2. This Resolution is adopted for purposes of complying with the requirements of Section 1.150-2(d) of the Federal income tax regulations. JOC/B.MISC/233284/13524.003 PASSED AND ADOPTED this 23rd day of July, 1999. JOE I. RASCO, MAYOR ATTEST: tatir CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VIf T AGE ATTORNEY JDC/B.MISC/233284/13524. 003 2 RESOLUTION NO. 99.71 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 FOR THE PURPOSE OF PURCHASING LAND TO BE USED FOR VILLAGE PURPOSES, FINANCING COSTS INCIDENT TO THE PURCHASE OF SUCH LAND, SUCH AS SURVEY AND LEGAL FEES, FINANCING OR REIMBURSING A PORTION OF THE COSTS OF CONSTRUCTION OF A FIRE STATION, POLICE STATION, COMMUNITY CENTER AND VILLAGE ADMINISTRATIVE OFFICES, FINANCING OR REIMBURSING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO BANK OF AMERICA, N.A., DB/A NATIONSBANK, N.A.; PROVIDING FOR SECURITY FOR THE BONDS; PROVIDING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 22, 1999, the Village Council (the "Council") of the Village of Key Biscayne, Florida (the "Village") adopted Ordinance No. 99-6 (the "Ordinance") authorizing the issuance of not exceeding $10,000,000 Village of Key Biscayne, Florida Land Acquisition and Capital Improvement Revenue Bonds, Series 1999 (the "Bonds"), for the purpose of purchasing land to be used for Village purposes, financing costs incident to the purchase of such land, such as survey and legal fees, financing or reimbursing a portion of the costs of construction of a fire station, police station, community center and Village administrative offices, financing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds (the "Project"); and WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing of the Project; and WHEREAS, the Council hereby determines to accept a commitment (the"Commitment") from Bank of America, N.A., d/b/a NationsBank, N.A. (the "Bank") to purchase the Bonds; and WHEREAS, the Council desires to set forth the details of the Bonds in this Bond Resolution; JDC/B.M1SC/233859-2/13524.003 1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. Authorization of bonds. Pursuant to the provisions of the Bond Resolution and the Ordinance, land acquisition and capital improvement revenue bonds of the Village to be designated "Village of Key Biscayne, Florida, Land Acquisition and Capital Improvement Revenue Bonds, Series 1999" (the "Bonds"), are hereby authorized to be issued in an aggregate principal amount of $10,000,000 for the purpose of purchasing land to be used for Village purposes, financing costs incident to the purchase of such land, such as survey and legal fees, financing or reimbursing a portion of the costs of construction of a fire station, police station, community center and Village administrative offices, financing or reimbursing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds. Section 2. Terms of the bonds. The Bonds shall be issued in fully registered form without coupons. The principal of and interest on the Bonds shall be payable when due in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owners of the Bonds ("Owners") or their legal representatives at the addresses of the Owners as they appear on the registration books of the Village. The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond in the denomination of $10,000,000. The Bonds shall mature on December 1, 2019. Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding principal balance from their date of issuance payable semiannually on the first day of each June and December (the "Interest Payment Dates"), commencing December 1, 1999, at an interest rate equal to 4.715% per annum. Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 - day months. Adjustment of Interest Rate Upon Determination of Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be adjusted to a rate equal to a fraction, (i) the numerator of which is equal to the interest rate otherwise borne by the Bonds, and (ii) the denominator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of such Determination of Taxability (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to the Bonds (the "Accrual Date"). The Village shall on the next interest payment date pay to the Owners of the Bonds or any former Owners of the Bonds as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on the Bonds at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Village on the Bonds from the Accrual Date to the date of the Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner arising as a result of such SDC/B.HISC/233859-2/13524.003 2 Determination of Taxability. From and after the Determination of Taxability, the Bonds shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to the Bonds. This adjustment shall survive payment of the Bonds until such time as the federal statute of limitations under which the interest on the Bonds could be declared taxable under the Code shall have expired. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the Maximum Corporate Tax Rate decreases or increases from thirty-five percent (35%), the interest rate otherwise borne by the Bonds shall be adjusted to the product obtained by multiplying the interest rate otherwise borne by the Bonds by a fraction, (i) the numerator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of adjustment, and (ii) the denominator of which is equal to 0.65. The interest rate otherwise borne by the Bonds shall be adjusted automatically as of the effective date of each change in the Maximum Corporate Tax Rate. As used herein: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Maximum Corporate Tax Rate" means, as of any date of determination, the highest marginal tax rate (expressed as a decimal) applicable to the taxable income of corporations (as currently set forth in Section 11 of the Code) without regard to any increase in tax designated to normalize the rate for all income at the highest marginal tax rate. or to phase out the benefit of graduated tax rates and impose a flat -tax at a specified rate (for example, the tax imposed by the last two sentences of Section 11(b)(1) of the Code as in effect on the original issue date of the Bonds), which rate on the original issue date of the Bonds is 35. The principal of the Bonds shall be payable in eighteen (18) annual installments on each December 1, commencing December 1, 2002 (each a "Scheduled Due Date"). The amount of each such installment shall be as follows: JDC/B.MISC/233859-2/13524.003 3 Principal Year Installment Due 2002 $355,000 2003 375,000 2004 390,000 2005 410,000 2006 430,000 2007 455,000 2008 475,000 2009 500,000 2010 525,000 2011 550,000 2012 580,000 2013 610,000 2014 640,000 2015 670,000 2016 705,000 2017 740,000 2018 775,000 2019 815,000 The Bonds are subject to prepayment in whole or in part at any time on at a price of par plus accrued interest to the date of prepayment, plus a premium equal to the "Prepayment Fee" described in Exhibit "A" attached hereto, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied to the maturities of principal installments in any order determined by the Village. The final prepayment provisions are subject to such changes to Exhibit "A" as the Village Manager, upon consultation with the Village Attorney, the Village's Financial Advisor and the Village's Bond Counsel, shall approve, with the execution of the Bonds by the appropriate officers of the Village with such final prepayment provision set forth therein being conclusive evidence of the approval by the Village Manger. THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PT EDGE OF THE FAITH AND CREDIT OF THE VII .T AGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE, BOTH AS DEFINED IN THIS RESOLUTION. THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THE BONDS CONSTITUTE A CHARGE, T .TFN, OR ENCUMBRANCE, TFGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION. .IDC/B.HISC/233859-2/13524.003 4 Section 3. Execution of bonds. The Bonds shall be signed in the name of the Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the signature of one of such officers shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and sealed on behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized. Section 4. Negotiability. registration and cancellation. The Village shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds. Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. Bonds may be exchanged for one or more Bonds of the same aggregate principal amount and maturity and in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village. The Village may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due and for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. In all cases in which Bonds are transferred or exchanged in accordance with this Section, the Village shall execute and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Village. There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The Village shall not be required to transfer or exchange Bonds for a period of 15 days next preceding an Interest Payment Date on such Bonds. ODC/B.MISC/233859-2/13526.003 5 All Bonds, the principal and interest of which has been fully paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond, but the Village shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated shall have the remaining principal as provided on such registration books and shall be deemed to have been issued in the denomination of the outstanding principal balance, which shall be an authorized denomination. Section 5. Bonds mutilated, destroyed, stolen or lost. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Village may prescribe and paying such expenses as the Village may incur. The Village shall cancel all mutilated Bonds that are surrendered. If any mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Village may pay the principal of and interest on such Bond upon the Owner complying with the requirements of this paragraph. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder. Section 6. Form of bonds. The text of the Bonds shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution. JDC/B.MISC/233859-2/13524.003 6 No. R- $ UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS SERIES 1999 Registered Owner: Principal Amount: Dollars KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the "Village"), for value received, hereby promises to pay to the Registered Owner shown above, or registered assigns (the "Bank"), from the sources hereinafter mentioned, the Principal Amount specified above. Subject to the rights of prior prepayment described in the Bond, the Bond shall mature on December 1, 2019. This Bond is issued under authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Part lI of Chapter 166, Florida Statutes, as amended, the Charter of the Village, Ordinance No. 99-6 duly adopted by the Village Council of the Village on June 22, 1999 (the "Ordinance") and Resolution No. 99- adopted on July 23, 1999 (the "Resolution", and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the terms of said Bond Ordinance. This Bond is issued for the purpose of purchasing land to be used for Village purposes, financing costs incident to the purchase of such land, such as survey and legal fees, financing or reimbursing a portion of the costs of construction of a fire station, police station, community center and Village administrative offices, financing or reimbursing architectural, engineering, environmental and other planning costs related thereto, and paying costs of issuance of the Bonds. This Bond shall be payable only from the sources identified herein. Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable semiannually on the first day of each June and December (the "Interest Payment Dates"), commencing December 1, 1999, at an interest rate equal to 4.715% per annum. Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 - day months. Adjustment of Interest Rate Upon Determination of Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be adjusted to a rate equal JOC/B.MISC/233859-2/13526.003 7 to a fraction, (i) the numerator of which is equal to the interest rate otherwise borne by the Bonds, and (ii) the denominator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of such Determination of Taxability (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to the Bonds (the "Accrual Date"). The Village shall on the next interest payment date pay to the Owners of the Bonds or any former Owners of the Bonds as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on the Bonds at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Village on the Bonds from the Accrual Date to the date of the Determination of Taxability, and (2) any interest and penalties required to be paid as a result of any additional State of Florida and federal income taxes imposed upon such Owner arising as a result of such Determination of Taxability. From and after the Determination of Taxability, the Bonds shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to the Bonds. This adjustment shall survive payment of the Bonds until such time as the federal statute of limitations under which the interest on the Bonds could be declared taxable under the Code shall have expired. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not disputed by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the Maximum Corporate Tax Rate decreases or increases from thirty-five percent (35%), the interest rate otherwise borne by the Bonds shall be adjusted to the product obtained by multiplying the interest rate otherwise borne by the Bonds by a fraction, (i) the numerator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of adjustment, and (ii) the denominator of which is equal to 0.65. The interest rate otherwise borne by the Bonds shall be adjusted automatically as of the effective date of each change in the Maximum Corporate Tax Rate. As used herein: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Maximum Corporate Tax Rate" means, as of any date of determination, the highest marginal tax rate (expressed as a derimal) applicable to the taxable income of corporations (as currently set forth in Section 11 of the Code) without regard to any increase in tax designated to J0C/B.MISC/233859-2/13524.003 8 normalize the rate for all income at the highest marginal tax rate or to phase out the benefit of graduated tax rates and impose a flat -tax at a specified rate (for example, the tax imposed by the last two sentences of Section 11(b)(1) of the Code as in effect on the original issue date of the Bonds), which rate on the original issue date of the Bonds is 35. The principal of this Bond shall be payable in eighteen (18) annual installments on each December 1, commencing December 1, 2002 (each a "Scheduled Due Date"). The amount of each such installment shall be as follows: Principal Year Installment Due 2002 $355,000 2003 375,000 2004 390,000 2005 410,000 2006 430,000 2007 455,000 2008 475,000 2009 500,000 2010 525,000 2011 550,000 2012 580,000 2013 610,000 2014 640,000 2015 670,000 2016 705,000 2017 740,000 2018 775,000 2019 815,000 Attached hereto as Schedule I is a debt service schedule for the Bonds based upon the above interest rate and principal payment schedule. The principal of and interest on this Bond are payable in lawful money of the United States of America by wire transfer or by certified check delivered on or prior to the date due to the registered Owner or his legal representative at the address of the Owner as it appears on the registration books of the Village. This Bond is subject to prepayment in whole or in part at any time at a price of par plus accrued interest to the date of prepayment, plus a premium equal to the "Prepayment Fee" described below, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied to the maturities of principal installments in any order determined by the Village. SBC/B.MISC/233859-2/13524.003 [Insert Final Prepayment Provisions] The Village has covenanted and agreed in the Bond Ordinance to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property which are legally available to make the payments required under the Bond Ordinance other than (i) Public Service Taxes authorized by Part DT, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A); but only after provision has been made by the Village for the payment of all essential or legally mandated services. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non - Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non - Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated in the Bond Ordinance shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the Village a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under the Bond Ordinance, subject, however, in all respects to the terms of the Bond Ordinance and the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law. THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PJ ..DGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY PROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE. THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY JOC/B.MISC/233859-2/13524.003 10 OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, T.TFN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION. The original registered Owner, and each successive registered Owner of this Bond shall be conclusively deemed to have agreed and consented to the following terms and conditions: 1. The Village shall keep books for the registration of Bonds and for the registration of transfers of Bonds as provided in the Resolution. Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. The Bonds may be exchanged for Bonds of the same principal amount and maturity and denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village. 2. The Village may deem and treat the person in whose name any Bond shall be registered upon the books of the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due, and for all other purposes. All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Village shall execute and deliver Bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the Village may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The Village shall not be required to transfer or exchange Bonds for a period of fifteen (15) days next preceding an interest payment date on such Bonds. 4. All Bonds, the principal and interest of which has been paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled. In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of JDC/B.MISC/233859-2/13524.003 11 the State of Florida applicable thereto. IN WITNESS WHEREOF, the Village of Key Biscayne, Florida has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal of the Village of Key Biscayne, Florida or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, all as of the day of , 1999. VIII AGE OF KEY BISCAYNE, FLORIDA Mayor Village Clerk (SEAL) JDC/B.MISC/233859-2/33524.003 12 .]DC/B.MZSC/233859-2/13524.003 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Date Social Security Number of Assignee Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT - (Cust.) Custodian for (Minor) TEN ENT - as tenants by under Uniform Gifts to Minors the entirety Act of (State) JT TEN - as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the list above. [Attach Schedule I - Debt Service Schedule] 13 Section 7. Covenant to budget and appropriate. The Village hereby covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terns during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property and which are legally available to make the payments required under this Resolution, other than (i) Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village pursuant to Section 25-50 et seq. of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11- A); but only after provision has been made by the Village for the payment of all essential or legally mandated services. Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the Village a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to the terms of this Resolution and the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law. Section 8. Bond fund. There is hereby created a fund entitled "Village of Key Biscayne, Florida Land Acquisition and Capital Improvement Revenue Bonds, Series 1999 Bond Fund" (the "Bond Fund"). There shall be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the amounts already on deposit therein, will enable the Village to pay the principal of and interest on the JDC/B.MISC/233859-2/13524.003 14 Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest Payment Date to the payment of principal of and interest on the Bonds coming due on each such date. Section 9. Investment of bond fund. Subject to Section 12 hereof, funds in the Bond Fund may be invested in the following investments, maturing at or before the time such funds may be needed to pay principal of or interest on Bonds, to the extent such investments are legal for investment of municipal funds ("Authorized Investments"): (a) The Local Government Surplus Funds Trust Fund; (b) Negotiable direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities; (c) Interest -bearing time deposits or savings accounts in banks organized under the laws of the State of Florida (the "State"), in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (d) Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (e) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass -through certificates guaranteed by the Federal National Mortgage Association; (f) Securities of, or other interests in, any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; or (g) funds. Any other investments that at the time are legal investments for municipal JDC/3.MISC/233859-2/13524.003 15 Section 10. Application of bond proceeds. The proceeds received upon the sale of the Bonds shall be applied simultaneously with the delivery of the Bond as follows: 1. The Village shall first use the moneys to pay costs of issuance of the Bonds. 2. The remainder of the proceeds of the sale of the Bonds shall be deposited in the "Village of Key Biscayne Land Acquisition and Capital Improvement Revenue Bonds, Series 1999 Project Fund" (the "Project Fund"), hereby created, and used only in connection with the Project. Pending their use, the proceeds in the Project Fund may be invested in Authorized Investments, maturing not later than the date or dates on which such proceeds will be needed for the purposes of this Bond Resolution. Subject to Section 12 hereof, any income received upon such investment shall be deposited in the Project Fund and applied to costs of the Project or, at the option of the Village, deposited in the Bond Fund and used to pay interest on the Bonds until completion of the Project. Subject to Section 12 hereof, after the completion of the Project, any remaining balance of proceeds of the Bonds shall be deposited into the Bond Fund and used solely to pay principal of the Bonds. Such funds shall be kept separate and apart from all other funds of the Village and the moneys on deposit therein shall be withdrawn, used and applied by the Village solely for the purposes set forth herein. Pending such application, the Project Fund shall be subject to the lien of the Owners of the Bonds for the payment of the principal of and interest on the Bonds. The registered Owners shall have no responsibility for the use of the proceeds of the Bonds, and the use of such Bond proceeds by the Village shall in no way affect the rights of such registered Owners. The Village shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project. However, the Village shall be irrevocably obligated to continue to pay the principal of and interest on the Bonds notwithstanding any failure of the Village to use and apply such Bond proceeds in the manner provided herein. Section 11. Funds. Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively. The money in such funds and accounts shall be continuously secured in the same manner as deposits of Village funds are authorized to be secured by the laws of the State of Florida. Except as otherwise provided herein, earnings on any investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account. The designation and establishment of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment of any coutpletely independent, self -balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the Village for the purposes herein provided and to establish certain priorities for application of such revenues and assets. JDC/B.MISC/233859-2/13524.003 16 Section 12. Investments and use of proceeds to comply with Internal Revenue Code of 1986. The Village covenants to the Owners of the Bonds that it will take all actions and do all things necessary and desirable in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from taking any actions that would cause interest on the Bonds to be included in gross income for federal income tax purposes. In particular, the Village will not make or direct the making of any investment or other use of the proceeds of the Bonds which would cause such Bonds to be "private activity bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations throughout the term of the Bonds. Section 13. Designation under Section 265(6)(3) of the Code. The Village hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the Code, and shall make all necessary filings in order to effectuate such election. The Village represents that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt obligations during calendar year 1999 and neither the Village nor any such entities expect to issue tax-exempt obligations during calendar year 1999, other than the Bonds and the Village's $7,200,000 Stormwater Utility Revenue Bonds, Series 1999, which were treated as qualified tax-exempt obligations under Section 265(b)(3)(D)(ii) of the Code. Section 14. Arbitrage rebate covenants. There is hereby created and established a fund to be held by the Village, designated the "Village of Key Biscayne Land Acquisition and Capital Improvement Revenue Bonds, Series 1999 Rebate Fund" (the "Rebate Fund"). The Rebate Fund shall be held by the Village separate and apart from all other funds and accounts held by the Village under this Resolution and from all other moneys of the Village. Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants, if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date of delivery of the Bonds (the "Rebate Covenants"), when such amounts are so required to be transferred. The Village Manager shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited therein to the United States of America in the amounts and at the times required by the Rebate Covenants. The Village covenants for the benefit of the Owners of the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys and securities from time to time held therein and all investment earnings derived therefrom, shall be excluded from the pledge and lien of this Resolution. The Village shall not be required to comply with the requirements of this Section 15 in the event that the Village obtains an opinion of nationally recognized bond counsel that CO such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds. TDC/B.MISC/233859-2/13524.003 17 Section 15. Special Covenants. The Village shall, within one hundred eighty (180) days of the end of each fiscal year of the Village, deliver to the Bondholders a copy of the annual audited financial statements of the Village. Section 16. Covenants binding on Village and Successor. All covenants, stipulations, obligations and agreements of the Village contained in this Resolution shall be deemed to be covenants, stipulations, obligations and agreements of the Village to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Except as otherwise provided in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Village or upon the Village Council by the provisions of this Resolution shall be exercised or performed by the Village Council or by such officers, board, body or commission as may be required by law to exercise such powers or to perform such duties. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Village Council or officer, agent or employee of the Village in his or her individual capacity, and neither the members of the Village Council nor any officer, agent or employee of the Village executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 17. Events of default. Each of the following events is hereby declared an "event of default": (a) payment of the principal of any of the Bonds shall not be made when the same shall become due and payable; or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become due and payable; or (c) the Village shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default described in subsection (a) or (b) of this Section) on the part of the Village to be performed, and such default shall continue for sixty (60) clays after written notice specifying such default and requiring same to be remedied shall have been given to the Village by any Owner of any Bond; provided that it shall not constitute an event of default if the default is not one that can be cured within such sixty (60) days, as agreed by the Bondholders and the Village, and the Village commences within such sixty (60) days and is proceeding diligently with action to correct such default; or .IDC/B.MISC/233859-2/13526.003 18 (d) any proceeding shall be instituted with the consent of the Village for the purpose of effecting a composition between the Village and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days after the institution of the same. Section 18. Remedies: Rights of bond holders. Upon the occurrence and continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may pursue any available remedy by suit, at law or in equity to enforce the payment of the principal of and interest on the Bonds then outstanding. No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right or power or shall be construed to be waiver of any such default or event of default or acquiescence therein; and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any event of default hereunder shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon. The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employeesand agents from and against any losses, claims, damages, liabilities and expenses' (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement of the provisions of this Resolution and the Bonds. Section 19. Defeasance. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways. (a) by paying the principal of, Prepayment Fee, if any, and interest on the Bonds when the same shall become due and payable; or (b) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the principal, redemption premium, if any, and interest due and to become due on said Bonds on or prior to the redemption date or maturity date thereof; or (c) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of the United States of America which shall. not be subject to redemption prior to their maturity other than at the option of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a verification report of an independent certified public accountant or firm of accountants) to pay when due the principal, redemption premium, if any, and interest due and to become due on said Bonds on or prior to the redemption date or maturity date thereof. aDC/B.MISC/233859-2/13524.003 19 Upon such payment or deposit with an escrow agent in the amount and manner provided in this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or securities so deposited with the escrow agent; provided, however, that (i) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 2 hereof and (ii) in the event that any Bonds are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section, the Village shall have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds at their addresses as they appear on the registration books of the Village, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds. (d) Notwithstanding the foregoing, all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any portion of the Bonds. (e) If any portion of the moneys deposited with an escrow agent for the payment of the principal of, redemption premium, if any, and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the Village may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under this Resolution. (f) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof relating to use and investment of proceeds and rebate amounts due to the United States pursuant to the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds or any portion thereof. Section 20. Sale of bonds. Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a negotiated sale of the Bonds. The Village has been provided all applicable disclosure information required by Section 218.385, Florida Statutes. The negotiated sale of the Bonds is hereby approved to the Bank at a purchase price of par. Section 21. Authority of Officers. The Mayor, the Vice Mayor, any member of the Council, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for canying out the transaction contemplated by this Resolution and the other documents identified herein. JOC/3.MZSC/233859-2/13524.003 20 Section 22. Severability. In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall govern their construction. Section 23. Payments due on Saturdays, Sundays and Holidays. In any case where the date of maturity of interest on or principal of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by law (including executive orders) to close and are closed, then payment of such interest or principal need not be made by the Village on such date but may be made on the next succeeding business day on which the banks in the State are open for business. Section 24. Ratification of Village Manager's actions. The Village Council hereby ratifies the actions of the Village Manager in locking in the interest rate on the Bonds on July 21, 1999, as evidenced by the Village Manager's letter attached hereto as Exhibit "B". Section 25. Open meeting findings. It is hereby found and determined that all official acts of the Village Council concerning and relating to the adoption of this Resolution and all prior resolutions affecting the Village Council's ability to issue the Bonds were taken in an open meeting of the Village Council and that all deliberations of the Village Council or any of its committees that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements, including Section 286.011, Florida Statutes. Section 26. Repealing clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed. Section 27. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. JDC/6.MISC/233859-2/13524.003 21 PASSED AND ADOPTED this 23rd day of July, 1999. JOE I. RASCO, MAYOR CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: avJ RICHARD J 22 EXHIBIT "A" The Bonds are subject to prepayment in whole or in part at any time on at a price of par plus accrued interest to the date of prepayment, plus a premium equal to the "Prepayment Fee" described below, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied to the maturities of principal installments in any order determined by the Village. For each date on which a prepayment occurs ("Prepayment Date"), a Prepayment Fee shall be due only if the rate under "A" below exceeds the rate under "B" below and shall be determined as follows: Prepayment Fee = the Present Value of ((A -B) x C) + LIBOR Breakage, where: A = A rate per annum equal to the sum of (1) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Scheduled Due Date(s) to be prepaid as reported by the Wall Street Journal (or other published source) on July 22, 1999 ("Lock In Date") plus (ii) the corresponding swap spread of the Bank on the Lock In Date for a fixed rate payor to pay the Bank the fixed rate side of an interest rate swap of that maturity, plus (iii) .25%. B= A rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Scheduled Due Date(s) to be prepaid as reported by the Wall Street Journal (or other published source) on the Prepayment Date >l lus (ii) the corresponding swap spread that the Bank determines another swap dealer would quote to the Bank on the Prepayment Date for paying to the Bank the fixed rate side of an interest rate swap of that maturity. C = The sum of the products of (i) each Affected Principal Amount for each Affected Principal Period, times (ii) the number of days in that Affected Principal Period divided by 360. "Affected Principal Amount" for an Affected Principal Period is the principal amount of the Bonds so prepaid. "Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next Scheduled Due Date, provided that the first such period shall begin on and includes the Prepayment Date. "LIBOR Breakage" is any additional loss, cost or expense that the Bank may incur with respect to any hedge for the fixed rate of the Bond based on the difference A-1 between the London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the London interbank market at the beginning of the interest period in which the Prepayment Date occurs and that which is available in that market on the Prepayment Date. "Present Value" is determined as of the Prepayment Date using "B" above as the discount rate. Prepayment Fees are payable as liquidated damages, are a reasonable pre -estimate of the losses, costs and expenses the Bank would incur for any prepayment, are not a penalty, will not require claim for, or proof of, actual damages, and the Bank's determination thereof shall be conclusive and binding in the absence of manifest error. A-2 July 21, 1999 Ms. Jean Bell Bank ofAmerica, N.A., d/b/a NationsBank, N.A. 100 S.E. 2nd Street, 15th Floor Miami, Florida 33131 510,000,000 Village ofKeyBiscayne, Florida Land Acquisition and Capital Improvement Revenue Bonds, Series 1999 Dear jean: This will coniitm that as of today you have agreed to lock in the interest rate on the above- captioned bonds (the'Bond0). The Village hereby agrees that if the Bond issue does not close on or prior to August 16, 1999, the Village will pay the Bank a Prepayment Foo dotal -mined m accordance with attached Exhibit "A". auc/tIaac/wJ642ana$2!. 00a EXHIBIT "A" The principal of the Bonds shall be payable in eighteen (18) annual installments on each December 1, commencing December 1, 2002 (each a "Scheduled Due Date"). The amount of each such installment shall be as follows: Principal Year Tnstallment Dn 2002 $355,000 2003 375,000 2004 390,000 2005 410,000 2006 430,000 2007 455,000 2008 475,000 2009 500,000 2010 525,000 2011 550,000 2012 580,000 2013 610,000 2014 640,000 2015 670,000 2016 705,000 2017 740,000 2018 775,000 2019 815,000 The Bonds are subject to prepayment in whole or in part at any time on at a price of par plus accrued interest to the date of prepayment, plus a premium equal to the "Prepayment Fee" described below, upon written notice to the Owners thereof given by the Village at least three (3) days prior to the date fixed for prepayment. Partial prepayments shall be applied in inverse order of the maturity of principal installments. For each date on which a prepayment occurs ("Prepayment Date"), a Prepayment Fee shall be due only if the rate under "A" below exceeds the rate under "B" below and shall be determined as follows: Prepayment Fee = the Present Value of ((A -B) x C) + LIBOR Breakage, where: A= 3tC/S.MISC/235423/13524.003 A rate per annum equal to the sum of (1) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Scheduled Due Date(s) to be prepaid as reported by the Wall Street Journal (or other published source) on July 22, 1999 ("Lock In Date"), plus (ii) the corresponding swap spread of the Bank on the Lock hi Date for a fixed rate A-1 payor to pay the Bank the fixed rate side of an interest rate swap of that maturity, plus (iii) .25%. B = A rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Scheduled Due Date(s) to be prepaid as reported by the Wall Street Journal (or other published source) on the Prepayment Date, plus (ii) the corresponding swap spread that the Bank determines another swap dealer would quote to the Bank on the Prepayment Date for paying to the Bank the fixed rate side of an interest rate swap of that maturity. C = The sum of the products of (i) each Affected Principal Amount for each Affected Principal Period, times (ii) the number of days in that Affected Principal Period divided by 360. "Affected Principal Amount" for an Affected Principal Period is the principal amount of the Bonds so prepaid. "Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next Scheduled Due Date, provided that the first such period shall begin on and includes the Prepayment Date. "LIBOR Breakage" is any additional loss, cost or expense that the Bank may incur with respect to any hedge for the fixed rate of the Bond based on the difference between the London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the London interbank market at the beginning of the interest period in which the Prepayment Date occurs and that which is available in that market on the Prepayment Date. "Present Value" is determined as of the Prepayment Date using "B" above as the discount rate. Prepayment Fees are payable as liquidated damages, are a reasonable pre -estimate of the losses, costs and expenses the Bank would incur for any prepayment, are not a penalty, will not require claim for, or proof of, actual damages, and the Bank's determination thereof shall be conclusive and binding in the absence of manifest error. JDC/B.MISC/235423/13524-003 A-2 RESOLUTION NO. 99-72 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE MANAGER TO OPEN AN INVESTMENT ACCOUNT WITH FLORIDA MUNICIPAL INVESTMENT TRUST (EMIT); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 30, 1999, the Village of Key Biscayne closed on the Civic Center $10 Million Bond Issue; and WHEREAS, the $10 Million Proceeds will not be needed in the immediate period and can be invested until needed; and WHEREAS, the Village Council desires to invest the funds. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager has selected an investment vehicle for safety and best return for these funds. Section 2. That FMIT, administered by the Florida League of Cities, Inc., P.O. Box 1757, Tallahassee, Florida, is hereby selected to invest funds for the Village of Key Biscayne. PASSED AND ADOPTED this 31st day of August, 1999 44.Yolueb," CO • A H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-73 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE MANAGER TO OPEN AN INVESTMENT ACCOUNT WITH NORTHERN TRUST BANK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 30, 1999, the Village of Key Biscayne closed on the Civic Center $10 Million Bond Issue; and WHEREAS, the $10 Million Proceeds will not be needed in the immediate period and can be invested until needed; and WHEREAS, the Village Council desires to invest the funds. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager has selected an investment vehicle for safety and best return for these funds. Section 2. That Northern Trust Bank, 700 Brickell Avenue, Miami, Florida, through Northern Trust Global Investment, is hereby selected to invest funds for the Village of Key Biscayne. PASSED AND ADOPTED this 31st day of August, 1999. T: RITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORMAND LEGAL SUFFICIENCY RICHARD JAY WEIS', VILLAGE ATTORNEY RESOLUTION NO. 99-74 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE A FIVE (5) YEAR CONTRACT WITH BFI WASTE SYSTEMS OF NORTH AMERICA, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council adopted Resolution 99-28 on April 20, 1999, directing the Village Manager to advertise for solid waste proposals; and WHEREAS, two (2) proposals were received and opened on July 22, 1999; and WHEREAS, BFI Waste Systems of North America, Inc. offered the significantly lower monthly unit rate of $17.12, as compared to Waste Management, Inc., to maintain the current Solid Waste Collection services; and WHEREAS, due to this monthly increase for Solid Waste Collection, the annual homeowner fee wil be raised from the 1999 rate of $199 to $220, estimated to remain frozen at the same rate for the next five (5) years based on the attached financial protection. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to negotiate a five (5) year contract with BFI Waste Systems of North America, Inc. in accordance with the terms and conditions of the memorandum dated August 17, 1999 prepared by the Village Manager and attached hereto. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of Septemb- 1999 CONCHITA H. ALVAREZ, CMC, VILL RESOLUTION NO. 99-75 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, 1999 THROUGH SEPTEMBER 30, 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE; PROVIDING FOR AN Ell'!''N.CTIVE DATE. WHEREAS, on July 20, 1999, the Village Council adopted Resolution No. 99-69 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1999 and further scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on September 9, 1999 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 9, 1999, 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 9, 1999, 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, 1999 through September 30, 2000, be and is hereby fixed at the rate of 3.606 mills which is $3.606 dollars per thousand dollars of assessed property value 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, 1999 through September 30, 2000 be and is hereby set at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, on Tuesday, September 21, 1999, 7:00 p.m. Section 3. That the Village Clerk be and is hereby directed to advertise said public hearing as required by law. Section 4. That this resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 9th day of September 1999. T: 1�c MAYOR JOE I. RASQO CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -2- RESOLUTION NO. 99-76 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED MIAMI-DADE COUNTY SCHOOL BOARD AMENDMENT TO THE EXISTING LANDSCAPING SERVICES LEASE AGREEMENT FOR THE KEY BISCAYNE COMMUNITY SCHOOL PROPERTY, APPROVED SUBSTANTIALLY AS TO FORM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the original Landscaping Services "lease Agreement" between the Miami -Dade County School Board and the Village of Key Biscayne was executed on January 1, 1994, adopted via Resolution 93-39, on September 14, 1993; and WHEREAS, in January, 1999 discussions began between the Office of the Village Manager and Miami -Dade County Public Schools (MDCPS) concerning possible expansion of the Landscaping Service Agreement due to the new school addition and development of the Village/MDCPS Landscape Plan; and WHEREAS, on June 8, 1999 Village Council directed the Village Manager to investigate the feasibility of the Village assuming all landscaping responsibilities at the Key Biscayne Community School in response to resident concerns for safety and aesthetics; and WHEREAS, the Miami -Dade County School Board has approved said amendment at their August 25, 1999 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached Miami -Dade County School Board Amendment to the existing Landscaping Services Lease Agreement for the Key Biscayne Community School property, approved substantially as to form. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of Se • tembe_ ' 99 A H. ALVAREZ, CMC, VILLAGE CLE RESOLUTION NO. 99-77 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH MIAMI- DADE COUNTY TO INCREASE THE KEY BISCAYNE PUBLIC LIBRARY HOURS OF OPERATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Public Library is under Miami -Dade County control; and WHEREAS, on April 20, 1999, due to public request, Village Council directed the Village Manager to negotiate with Miami -Dade County to extend Key Biscayne Public Library hours of operation. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement with Miami -Dade County to increase the Key Biscayne Public Library hours of operation, at a cost of $35,000 for Fiscal Year 2000. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of September , 1999. L RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RESOLUTION NO. 99-78 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH SPILLIS, CANDELA & PARTNERS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR A POLICE STATION AND ADMINISTRATION BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 30, 1999, the Mayor appointed a Police Station and Administration Building Screening Committee for purposes of reviewing responses to a request for proposal; and WHEREAS, the screening committee met on July 28, 1999, August 5, 1999 and August 10, 1999 to develop review criteria, an evaluation strategy, review the qualifications of 21 firms, and interview a "short list" of six (6) firms; and WHEREAS, the screening committee has recommended that the Village Manager recommend to the Village Council that the firm of Spillis, Candela and Partners, Inc. Be selected as the architect for the Police Station and Administration Building; and WHEREAS, the screening committee ranked the firm of Architects Design Group second and Rodriguez Quiroga third. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is directed to negotiate an agreement for architectural and engineering services with Spillis, Candela and Partners, Inc. For the design of a Police Station and Administrative Building. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of September 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPRO j AS • • AND LEGAL RIC h'T4 JAY WEIS ILLAGE ATTORNEY OR JOE L RASCO 4.07 CY: 9 RESOLUTION NO. 99-79 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SELECT UNIVERSAL FOUNTAINS FOR THE CONSTRUCTION AND INSTALLATION OF A THREE-TIER, ILLUMINATED FOUNTAIN TO BE LOCATED WITHIN THE TRAFFIC CIRCLE AT THE INTERSECTION OF MASHTA DRIVE AND HARBOR DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the residents of the Village have expressed a strong desire for improving the aesthetic quality of the community streets to accompany the high quality of the residential neighborhoods; and WHEREAS, the Village has begun to address this request with the construction of traffic calming devices with landscaping and lighting along Harbor Drive and Mashta Drive; and WHEREAS, the residents and Village Staff agree that the Mashta Drive/Harbor Drive traffic circle represents a key node within the series of traffic calming devices in terms of physical size and location, deserving a special treatment relative to the standard landscaping and lighting of the other traffic calming devices; and WHEREAS, the residents and Village Staff agree that a fountain would be the appropriate detail to accent the circle and complement the architectural quality of the Mashta Island bridge; and WHEREAS, residents of Mashta Island have contributed funds toward the cost of fountain construction and installation, which should be recognized by the Village with a commemorative plaque to be installed with the fountain; and WHEREAS. the Village received three (3) bids to construct and install the fountain and Universal Fountains was the low bid; and WHEREAS, the Village, in order to construct and install said fountain, requires the services of a professional fountain contractor. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section I. That the Village Manager is directed to select Universal Fountains to cast and install a three-tier, illuminated fountain with concrete base within the traffic circle located at the intersection of Harbor Drive and West Mashta Drive. Section 2. That the Capital Improvements Plan is amended to reflect the cost of the fountain and related site improvements Section 3. That the funding of the project shall consist of $6,650.00 in donations, with the remainder to be obtained from the Village Capital Improvements. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 16th day of September , 1999. C i CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED S TO FORM AND LEGAL SUFFICIENCY RIC AY ' IS N AGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-80 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, 1999 THROUGH SEPTEMBER 30, 2000 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 200.065 of the Florida Statutes, the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne; and WHEREAS, on July 20, 1999, the Village Council adopted Resolution No. 99-69 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1999 and further scheduled the final public hearing required by Section 200.065 of the Florida Statutes to be held on September 21, 1999 at 7:00 p.m.; and WHEREAS, public hearings, as required by Section 200.065(2) © and (d), were held by the Village Council on September 9 and 21, 1999, 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 final 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 final millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1999 through September 30, 2000 be and is hereby fixed at the rate of 3.606 mills which is $3.606 dollars per thousand dollars of assessed property value within the Village of Key Biscayne. Section 2. That the roll -back rate is 3.5394 mills and the final millage rate is 3.606 which is 1.88 % percent over the roll -back rate. Section 3. This resolution shall be effective immediately upon its adoption by the Village Council. PASSED AND ADOPTED this 21st day of September 1999. JOE I. RASCO CO HTTA H. ALVAREZ, CMC, VIII AGE C RICHARD J. WEISS, VIT T AGE ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -2- RESOLUTION NO. 99-81 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR THE PROVIDING OF RECYCLING SERVICES; AMENDING FEES PROVIDED BY RESOLUTION 95-9; REPEALING RESOLUTION 95-9; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village provides for collection of solid waste and recycling services to residential customers within the Village; and WHEREAS, Ordinance 95-4, passed and adopted on April 11, 1995, authorized the Village Council to impose fees for the collection of solid waste and for the providing of recycling services (the "Fees"); and WHEREAS, a public hearing was held on October 12, 1999, prior to the setting of revised Fees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That effective as of October 1, 1999, a Fee in the amount of $220.00 per year is hereby set for the collection of solid waste and for the providing of recycling services to residential customers within the Village, in accordance with the report dated August 17, 1999, attached hereto as Exhibit "A." Section 2. Resolution 95-9, providing solid waste and recycling service fees is hereby repealed, except that the fees provided by Resolution 95-9 shall continue to apply to all unpaid fees for services which were provided pursuant to Resolution 95-9. Section 3. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 12th day of October, 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JAY WEISS, VILLAGE ATTORNEY 103001\resolutionskevising fees for collection of solid waste RESOLUTION NO. 99-82 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF JACQUELINE V. DE LEON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jacqueline V. De Leon was born in San Juan, Puerto Rico, on November 2, 1935 and was raised in Havana, Cuba; and WHEREAS, Jacqueline V. De Leon was educated at the Merici Academy in Havana and in North Carolina; and WHEREAS, Jacqueline V. De Leon after her exile from Cuba in 1959, lived for a time in Puerto Rico and in Miami; and WHEREAS, Jacqueline V. De Leon moved with her family to Falls Church, Virginia, where she worked as a statistical economic analyst for the International Monetary Fund and she rose to an executive level in this multinational organization through her persistence and dedication; and WHEREAS, Jacqueline V. De Leon moved to Key Biscayne in 1995, where she became involved in local politics; and WHEREAS, Jacqueline V. De Leon was an active member of the community during her years on Key Biscayne, working as a member of the Zoning Ordinance Review Committee (ZORC); and WHEREAS, Jacqueline V. De Leon passed away on September 3, 1999, after a short illness. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KFY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Mayor and Members of the Village Council do hereby express their sympathy for the death of Jacqueline V. De Leon to the DeLeon family. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of October , 1999. MAYOR JOE I. RASCO 1/41 CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RESOLUTION NO. 99-83 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR APPOINTMENTS TO THE ZONING ORDINANCE REVIEW COMMITTEE AS PROVIDED FOR IN RESOLUTION NO. 99- 8; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has approved Resolution 99-8 creating a Zoning Ordinance Review Committee which has 11 positions within the below categories; and Fa 5tE j� ./1� �(?�n�n,#., � � '` .. , k :.aJ.+�?HiiiU. e if# ' ~# +" R s ITION ' i { �iFP; Citizen 7 Developers of property in the Village 2 Architects who have designed buildings in the Village 2 Business owner 1 Real Estate Agent or Broker who specializes in the sale of property in the Village 1 Contractor or Engineer who has worked in the Village 1 TOTAL 14 WHEREAS, there are four (4) vacancies on the Zoning Ordinance Review Committee within the "Citizens" category"; and WHEREAS, the Mayor has recommended Michael Kahn and Conchita Suarez to fill two (2) of the four (4) vacancies; and WHEREAS, the Council has reached a consensus on the Mayor's appointments; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That Michael Kahn and Conchita Suarez are appointed to the Zoning Ordinance Review Committee in the "Citizens" category. PASSED AND ADOPTED this 12th day of October, 1999. CONCHTIA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCf JAY WEISS, VILLAGE ATTORNEY MAYOR JOE L RASCO RESOLUTION NO. 99-84 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH GORGEOUS LAWNS, INC., MIAMI, FLORIDA, FOR THE INSTALLATION OF LANDSCAPING, PAVERS, AND BENCHES WITHIN THE EASEMENT ADJACENT TO THE FERNWOOD ROAD PERIMETER OF THE BELLSOUTH PROPERTY, 89 WEST WOOD DRIVE, ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the residents of the Village have expressed a strong desire for improving the aesthetic quality of the community streets to accompany the high quality of the residential neighborhoods; and WHEREAS, the right-of-way adjacent to the BellSouth property represents an aesthetically harsh condition in need of softening and screening from the adjacent residences to the west; and WHEREAS, the vicinity of the BellSouth easement is a heavily traveled pedestrian area lacking any sort of pedestrian amenity; and WHEREAS, the BellSouth easement area is of a depth to afford the opportunity for a seating areas along the route of pedestrian travel; and WHEREAS, the residents and Village Staff agree that landscaping and seating areas along the BellSouth property would accomplish the goals of softening and screening the commercial areas from adjacent residences and provide pedestrian amenities; and WHEREAS, the Village Beautification Foundation has approved the attached plan for the BellSouth easement; and WHEREAS, the Village, in order to provide said landscaping and seating, requires the services of a professional landscape contractor. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is authorized to execute the attached agreement with Gorgeous Lawns, Inc., Miami, Florida, for the installation of landscaping, pavers, and benches within the easement adjacent to the Femwood Road perimeter of the BellSouth property, 89 West Wood Drive. Section 2. The Village Manager is authorized to execute the agreement in phases as he deems necessary. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of October , 1999. see CONCHITA IL ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY` 6rirf { JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of October, 1999, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") andArazoza Brothers Corporation, a Florida corporation, (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In the event of any conflict between this Agreement and any Exhibit, this Agreement shall control. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: I SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. TERM The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph 4. GENERAL TERMS AND CONDITIONS All original sketches, tracing, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry professional liability insurance, worker's compensation insurance, comprehensive general liability insurance, and automotive liability insurance, with minimum policy limits in the amount of Three Hundred Thousand ($300,000.00), Dollars per occurrence, combined single limit for bodily injury and property damage, except that the amount of worker's compensation insurance shall be as provided by Chapter 440, F.S. 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 without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other 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 ten days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit B for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specific Services. CONSULTANT shall obtain all permits. 12. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 13. NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Consultant: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfivan Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Jesus Rodriguez President Gorgeous Lawns, Inc. 19495 S.W. 210th Street Miami, Florida 33187 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the teinrs and conditions above stated on the day and year first above written. CONSULTANT: GORGEOUS LAWNS, INC. 19495 S.W. 2101h Street Miami, Florida 33187 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 Jesus Rodriguez President Attest Corporate Secretary Ci\My Documents \CONTRACTS\bellsouth&fernwoodesmt.contract.wpd illage Clerk PLANT LIST 78 a- vow-. aigri,ae OAs-! TALMTo i'E}asrnf D QTY. SYMBOL BOTANICAL NAME COMMON NAME SPECIFICATIONS 19 AC Aced' chodophylla timecard 1O.1i MIgM,BeI grown 78 CR Comm Cdnrn Lily 7 gallon cont BB JM Jaltopha multifda Coot Plant 10 gallon cent., BP 0.C. 85 RC Beattie carolnensls W04 Petunia 1 a anon yMal00. 24' O.C. Notes: andscaper l remove sod and provide TGyer of shredded Cypress Mulch and repair aiming itri9a on throughout the 500 sq. 0. Panted area: also responsible to removal of one Chinese Fan Palm. All plant malenal to be Grade 1 Florida Fancy, fertilized Gy the landscaper and uatanleed 1 r one year Irom dale of Panty. Hard features: Landscaper to supply and install 100 sq. n. pavers per plan (coodltule with Key Biscayne Public Works Chador for paver specs), and 15 Install three Key Biscayne Part standard tenches supplied ey the village. f• NWOoD jzo P 19 Ac G'Xisf l lepon-h 1tuy7 0 1=1CI to 2 for 01-1, 4.0wn4 Y w . 5MPN-r LAHt' 44?$ ti4u4 cr wmoo..� r nwf�,�I.dN(+INtj,,,70,4 <7 Zt }4 5 v S rgelsVJa HcfroNiA'PAu-se, qq 0.t "1, Exhibit B The CONSULTANT agrees to charge the VILLAGE for Specified Services. The CONSULTANT will issue invoices upon completion of two stages as follows: 50% of the total price upon completion of permits, bedding preparation, planting of trees, and installation of benches and pavers. 50% of the total price upon completion of the planting and mulching. Said invoice is payable by the VILLAGE within 30 days of receipt. The VILLAGE shall pay to the CONSULTANT for the faithful performance of this agreement, in lawful money of the United States of America. The total compensation is $15,944.00 . C:\My Documents \CONTRACTS\bellsouthesmtexhibitB.wpd 1.94,95' S;.t V 2.10 • .. flkE E T MT^RAT:, F•L.c r:t1t: A 331E3:7 P1-14QNIE:: (305).. 251-73 29: PROPOSAL Signed: DESCRIPTION 1) ACACIA CHORIOPHYLLA QUANTITY SPECIFICATION 19 -c T01-12' HEIGHT 2) CRINUM 78 3) JATROPHA MULTIFIDA 4) RUELLIA CAROLINENSIS 7 GAL 36 10 GAL 85 1 GAL Remove sod and provide 3" layer of Cypress mulch, repair exiting irrigation throughout the 500sq. Ft. the removal of one Chinese Fan Palm supply and install 180 sq. ft. paver ALL OF THE SERVICES MENTIONED ABOVE WILL BE RENDERED FOR THE TOTAL PRICE OF $15,944.00 DOLLARS . 1 accept the terms and c l. of this proposal Name: C J{�i1tie L S,Pi1,,Ge2 Date: Signature: Print k ialislry RESOLUTION NO. 99-85 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO AWARD A SIDEWALK CONSTRUCTION CONTRACT FOR WEST WOOD DRIVE AND WEST HEATHER DRIVE TO MEF CONSTRUCTION, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public bids were received and opened on March 23, 1999, for the construction of sidewalks and traffic calming devices at various locations throughout the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village of Key Biscayne Council authorizes the Village Manager to contract for the construction of sidewalks along portions of West Wood Drive and West Heather Drive in accordance with the attached Plans identified as Attachment 1- (West Wood), and Attachment 2 - (West Heather). e" '. Fund. Section 2. Funds to finance this construction are provided for in the Capital Improvement Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPIr.0 this 12th day of October, 1999 4,- CONCHITA IL ALVAREZ, CMC, VILLAGE C QV D AS TO FORM AND LEGAL SUFFIC RD JAY WEISS. VILLAGE ATTORNEY •••-,4oRLR AYOR JOE I. RASCO RESOLUTION NO. 99-86 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING CONSTRUCTION OF SIDEWALKS ON WEST HEATHER DRIVE AND WEST WOOD DRIVE; PROVIDING FOR AN El INACTIVE DATE. WHEREAS, Ordinance 99-4, adopted on May 25, 1999, Section 21-12 requires a public hearing where Village projects or improvements in the right-of-way require removal of landscape materials; and WHEREAS, the Village wishes to construct sidewalks on portions of West Heather Drive and West Wood Drive. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That a public hearing to approve the proposed sidewalk project for West Heather Drive and West Wood Drive is hereby set to be held in the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida on Tuesday, January 11, 2000 at 7:00 p.m.. Section 2. That the Village Clerk is hereby directed to advertise said public hearing as required by law. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 26th day of October 1999. Aciav CONCHITA H. ALVAREZ, CMC VII I AGE, CLERK APPROVED /S�TO ORM AND LEGAL S v'\ MAYOR JOE 1. RASCO RICHARD JAY WEISS, VIII' AGE ATTORNEY RESOLUTION NO. 99-87 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING SETTLEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, FLORIDA CONCERNING THE PENDING LITIGATION OF VILLAGE OF KEY BISCAYNE V.S. METROPOLITAN DADE COUNTY, CASE NO. 95-23701 CA 01, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ("LAWSUIT"); AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO PROVIDE FOR THE DISMISSAL OF THE LAWSUIT IN ACCORDANCE WITH TERMS OF THE SETTLEMENT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the settlement of the Lawsuit in accordance with the recommendation of the Village Attorney is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the settlement of the Lawsuit is hereby approved and the Village Manager is hereby authorized to finalize and execute any settlement documents in substantial compliance with the attached letter, upon approval by the Village Attorney as to form and legal sufficiency. Section 2. That the Village Manager and Village Attorney are hereby authorized to take any and all action necessary to fully implement the purposes of this Resolution. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 26th day of October 26 , 1999. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 103001resolutions lsettlement of calusa park litigation 103021 file JOE I. RASCO, MAYOR RESOLUTION NO. 99-88 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO FOUR WHEEL DRIVE FORD EXPLORERS FOR THE POLICE DEPARTMENT FROM THE FLORIDA SHERIFFS BID # 99-07-0913; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a need to replace the two existing 1996 Blazers currently in service with the Police Department. 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 purchase two four wheel drive Ford Explorers from the Florida Sheriffs Bid # 99-07-0913 in the total amount of $55,748. Section 2. Funds are available from the 2000 Budget. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of November , 1999. AT T: hea, CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUF 4\--riotr\teAri RICHARD J. WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO LORD RESOLUTION NO. 99-89 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING SPECIFIED PERSONS TO ACCESS A SAFE DEPOSIT BOX; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Clerk, the Deputy Village Clerk or the Finance/Human Resources Manager may use the safe deposit box for the safe keeping of Village documents and records at the Key Biscayne Branch of SunTrust Bank. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of November 1999. CONCHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEG r-dfrkv\ tvhAl RICHARD JAY WEISS, \TILLAGE ATTORNEY MAYOR JOE L RASCO RESOLUTION NO. 99-90 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 ENGINEERING SERVICES RELATED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION - BUREAU OF BEACHES AND COASTAL SYSTEMS (DEP) PERMIT RELATIVE TO THE PROPOSED OCEAN PARK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council, via Resolution 98-20, adopted April 28, 1998, authorized the preparation of schematic documents for the Village Ocean Park; and WHEREAS, Village Council, via Resolution 99-13, adopted February 9, 1999, authorized the final phase of design development for the Village Ocean Park; and WHEREAS, on June 8, 1999 by motion, Village Council authorized the construction of the "Palm Court" and items not required to be permitted by the State of Florida; and WHEREAS, permitting for the remaining project items is required by the State of Florida Department of Environmental Protection (DEP); and WHEREAS, via Resolution 98-41, adopted August 25, 1998, Coastal Systems International, Inc. was selected as a Village Coastal Engineer, signing a contract for General Professional Architectural and Engineering Services on August 26, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement with Coastal Systems International, Inc., Coral Gables, Florida for professional engineering services related to the Department of Environmental Protection - Bureau of Beaches and Coastal Systems (DEP) permit relative to the proposed Ocean Park. Section 2. The Village Manager is hereby authorized to execute each "Task" separately, partially or completely, as is deemed necessary for this project, at a total cost not to exceed $15,000. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of November , 1999. MAYOR JOE I. RASCO CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEG RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-91 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING MIAMI- DADE COUNTY, FLORIDA, THROUGH ITS WATER AND SEWER AUTHORITY DEPARTMENT TO PROVIDE FOR NECESSARY WATERLINE IMPROVEMENTS IN THE VILLAGE OF KEY BISCAYNE IN ADVANCE OF THE VILLAGE'S SANITARY SEWER PROJECT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") is in the process of awarding bids for the construction of a sanitary sewer improvement project (the "Project") of approximately $8,000,000.00 in construction costs; and WHEREAS, the construction of the Project will require substantial excavation and work within the public right-of-way; and WHEREAS, an opportunity presently exists for the County's old 1960's vintage asbestos concrete pipes which provide water service to be replaced by new water pipes, in advance of the construction of the Project; and WHEREAS, the replacement of the old waterlines with new modern waterlines would help to reduce conflicts with underground utilities affecting the Project and would provide the community with the necessary enhanced water delivery system; and WHEREAS, it is equitable that the County, through the Water and Sewer Authority Department ("WASA") fund the cost of the improved waterlines, in light of the fact that the residents of the Village, both prior to and after incorporation of the Village, have been paying a portion of their utility bill to WASA for the purpose of repair and replacement of waterlines and such repair and replacement has not previously been provided by WASA to the full extent in which they were intended to be provided. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are hereby adopted and confirmed. Section 2. That the Board of County Commissioners and County Administration are respectfully requested, acting through WASA, to provide for the full funding of improvements to the water distribution system serving the Village of Key Biscayne in advance of the Village's construction of the sanitary sewer Project. Section 3. That the Village Clerk shall provide for a copy of this Resolution to be provided to the Honorable Mayor and Board of County Commissioners and to the Honorable County Manager. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption hereof. AT PASSED AND ADOPTED this 16th day of November, 1999. HITA H. ALVAREZ, CMC, VILLA APPROVED j�A�S,,TO FORM AND LEGAL SU RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\resolutions\providing for necessary waterline improvements in advance of sanitary sewer project 2 JOE I. RASCO, MAYOR RESOLUTION NO. 99-92 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE NECESSITY TO MAKE CERTAIN SANITARY SEWER IMPROVEMENTS AUTHORIZED BY CHAPTER 29.1 OF THE VILLAGE CODE; DECLARING THE COUNCIL'S INTENT TO IMPOSE SPECIAL ASSESSMENTS TO COVER THE COST OF THE IMPROVEMENTS; INDICATING THE NATURE, LOCATION, AND ESTIMATED COSTS OF THE IMPROVEMENTS; PROVIDING THAT A CERTAIN PORTION OF THE EXPENSE OF THE COSTS OF THE IMPROVEMENTS SHALL BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH THE SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN THE SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING THE PARCELS OF LAND UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL FOR THE AREA TO BE SERVED BY THE IMPROVEMENTS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne, Florida (the "Village") has determined to make certain sanitary sewer improvements (the "Improvements") in accordance with Chapter 29.1 of the Village Code, by constructing sanitary sewers in an area of the Village which presently does not have sanitary sewer service (the "Area"); and WHEREAS, the Area to be served by such Improvements consists of approximately 706 parcels located generally West of Crandon Boulevard between Heather Drive and Mashta Drive and East of Crandon Boulevard between East Drive and Heather Drive, as further and more fully described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Village Council has determined that the Improvements are necessary and that a portion of the costs of the Improvements shall be paid by special assessments upon those parcels specially benefiting from the Improvements; and WHEREAS, the Village is authorized to make the Improvements and to impose the special assessments pursuant to Chapter 29.1 of the Village Code and the enabling authorities cited therein; and WHEREAS, there is presently on file in the office of the Village Clerk an assessment plat showing the Area to be assessed, with plans and specifications, as prepared by PBS&J Engineers (the "Engineer"), and an estimate of the costs of the proposed improvement, which assessment plat, plans and specifications and estimate are open for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. Section 2. Declarations. The Village Council hereby declares the necessity for the Improvements, and declares its intent to make the Improvements and to pay for 50% of the costs thereof by special assessments and to pay for the remaining 50% of the costs thereof from the general funds of the Village lawfully available for such purpose in accordance with the annual budgets of the Village. Section 3. Description. The nature of the Improvements is set forth in the estimate of cost and more specifically described in the plans and specifications on file with the Village Clerk. Specifically, the Village intends to construct s.nitary sewers, including necessary appurtenances thereto, within the public right-of-ways referenced in the recitals above and described on Exhibit "A" (map). 2 Section 4. Location. The general location of the Improvements is shown in the plans and specifications and the assessment plat on file with the Village Clerk, as well as on Exhibit "A" (map), all of which shall be open to inspection by the public. Section 5. Cost Estimate. The estimated costs of the Improvements is $7,790,600.00 (the "Estimated Cost") the details of which are on file with the Village Clerk. Section 6. Scope of Special Assessments. The special assessments will defray 50% of the cost of the Improvements and the levy of same includes a portion of the Estimated Cost, financing cost, capitalized interest, debt service reserves, contingencies and administrative expenses and all other expenses allowed by law, but shall not exceed 50% of the amount of Estimated Cost described in Section 5 above. Section 7. Levy of Special Assessment. The special assessments shall be levied and imposed against all lots and lands adjoining and contiguous or bounding and abutting upon such Improvements or specially benefited therefrom and as further designated by the assessment plat, upon a uniform per parcel or per dwelling unit basis. Section 8. Preliminary Assessment Roll. A preliminary assessment roll shall be promptly prepared by the Village Manager or his designee in accordance with the method of assessment provided in Section 7 above, and said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and the number of annual installments in which the assessment is divided shall also be shown. Section 9. Payment Schedule. The special assessments shall be payable within 20 years, as follows: 3 1. 1/20th of the total assessment shall be payable upon a date which is one (1) year after completion of the Improvements (the "Commencement Date"). 1/20th of the total assessment shall be payable on each anniversary of the Commencement Date each and every year thereafter until the full assessment plus interest has been paid. 3. All outstanding balances on such assessments shall bear interest at the rate of 156% per year. If the full assessment is paid prior to the Commencement Date, no interest shall be charged thereon. 5. In hardship cases, payment of installments of assessments may be deferred pursuant to Section 29.1-18 of the Village Code. A further resolution of the Council shall be provided for such purpose. 6. The time for payment of the total assessment for a property shall be deferred for that property until the date at which connection to the Improvements is required for such property in accordance with the conditions of the June 12, 1997, Order of Miami - Dade County Environmental Quality Control Board, Board Order No. 9749, if deferral is requested in writing by the property owner at least 60 days before the Commencement Date described in paragraph 1 above, upon a request form prepared by the Village Attorney. Interest shall accrue at an annual rate of /56%, plus a compounding factor, upon deferred assessments, so that the Village fully recovers all interest advanced by or through Village for such deferred assessment payments. Section 10. Time and Manner. The special assessments shall be payable at the time and in the manner provided in this Resolution. Section 11. Publication. The Village Clerk is hereby directed to cause a copy of this Resolution to be published one time in a newspaper of general circulation published in the Village and one time in the Islander newspaper. Section 12. The Village Manager, Village Clerk, Village Attorney, and consulting Engineer are authorized to take all action necessary to implement the purposes of this Resolution. 4 Section 13. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 9th day of November , 1999. CONCHITA H. ALVAREZ, CMC, VIII AGE APPROVED AS TO FORM AND LEGAL S 103001\ resolutions\ sanitary sewer improvements authorized by chapter 29.1 RICHARD JAY WEISS, VILLAGE ATTORNEY 5 JOE I. RASCO, MAYOR 23rd DAY OF ite Atm. tr ttb www.herald.com www_elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Neighbors Zone 3 pg.9 11/I8/99 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). CA cr' M before me this T November ,1999 My Commission Expires: October 17, 2001 Virginia J. ftl lon No Nvim e mimic STATE OF FLORIDA CCMMSeEiON NO. Grp MY aw.s.. r s'' :e .00T..p1 RESOLUTION NO. 99-93 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BIDS FOR VILLAGE OF KEY BISCAYNE SANITARY SEWER SYSTEM PROJECT NO. 01-640 (THE "PROJECT"); APPROVING CONTRACTS FOR THE PROJECT BETWEEN THE VILLAGE AND UNITED ENGINEERING CORP. FOR ZONE 1 OF THE PROJECT, AND BETWEEN THE VILLAGE AND RIC-MAN INTERNATIONAL FOR ZONES 2, 3 AND 4 OF THE PROJECT; PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to advertised bid solicitations for the Village of Key Biscayne Sanitary Sewer System Project No. 01-640 (the "Project") the Village has received bids from contractors for construction of the Project, in accordance with the designs prepared by PB SJ (the "Engineer"); and WHEREAS, the bid specifications (the "Specifications") for the Project authorize the Village Council to waive any informality in any bid; and WHEREAS, the Village Council fords that informalities in the bids shall be waived as follows: A. Ric -Man International's failure to submit with the bid an executed "Appendix G To the Florida Department of Environmental Protection Supplementary Conditions," which was submitted by the bidder but not signed until after submittal of the bids, is hereby waived as an informality in the bid for Zones 2, 3 and 4 of the Project, which informality did not serve to place Ric -Man International at an advantage over other bidders; B. The informality in the bid of United Engineering Corp. for Zone 1 of the Project, concerning provision of current work lists and completed work lists, is hereby waived for Zone 1 of the Project, since the bidder is a new entity not possessing corporate work and experience information, and the failure to provide this information did not place United Engineering Corp. at an advantage over other bidders; C. Any other informalities in the bids of Ric -Man International (as to Zones 2, 3 and 4) and United Engineering Corp. (as to Zone 1) are hereby waived; and WHEREAS, the Village Council fmds that it is in the best interest of the Village to award work for Zone 1 of the Project to United Engineering Corp. as the lowest responsible bidder meeting the Specifications for Zone 1; and WHEREAS, the Village Council finds that it is in the best interest of the Village to award work for Zones 2, 3 and 4 to Ric -Man International, as the lowest responsible bidder meeting Specifications for Zones 2, 3 and 4; and WHEREAS, the award and execution of contracts for the Project shall be subject to the conditions provided herein below. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. Section 2. Bids Accepted. Bids are hereby accepted for the construction of the Project, as follows: A. The bid of United Engineering Corp. for Zone 1 of the Project in the amount of $1.479.874.10 is hereby approved and accepted, subject to the conditions stated in Sections 3 and 4 below. B. The bid of Ric -Man International for Zones 2, 3 and 4 of the Project in the amount of $4.284.605.64 is hereby approved and accepted, subject to the conditions stated in Sections 3 and 4 below. Section 3. Contract Approved. A. Subject to the conditions of Section 4 below, the contract between the Village and United Engineering Corp. for Zone 1 of the Project (the "Contract"), in substantially the form attached to the Specifications, is hereby approved and the Village Manager is authorized to execute the Contract on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. B. Subject to the conditions of Section 4 below, the contract between the Village and Ric -Man International, for Zones 2, 3 and 4 of the Project (the "Contract"), in substantially the form attached to the Specifications, is hereby approved and the Village Manager is authorized to execute the Contract, once approved by the Village Attorney as to form and legal sufficiency. Section 4. Conditions. That the acceptance of bids and the approval and authorization for execution of Contracts, as provided in Section 2 and 3 above, are subject to the following conditions precedent: 1. That the ordinance the ("Loan Ordinance") of the Village approving the Loan Agreement (including Amendment No. 2 of the Loan Agreement) between the State of Florida and the Village pursuant to the State Revolving Fund Loan Program, providing construction funds for the. Project, is finally adopted and effective. Satisfaction of this condition shall require final adoption of the Loan Ordinance by the Village Council and the expiration of the 30 day period provided by Section 3 5.02(a)(ii)(A) of the Village Charter, with no referendum being commenced concerning the Loan Ordinance, or if a referendum is commenced the Loan Ordinance is approved by the electors of the Village; 2. A written commitment from the State of Florida, Department of Environmental Protection (the "DEP") assuring availability of construction funds for the Project in accordance with the DEP/Viliage Loan Agreement, Amendment No. 2, approved pursuant to the Loan Ordinance. 3. The execution by Ric -Man International and by United Engineering Corp. (the "Contractor(s)"), of a Contract amendment: (1) recognizing that any delay in the Project caused by providing for the replacement of existing asbestos cement waterlines in accordance with funding provided by Miami -Dade County prior to construction of the sanitary sewer facilities required by the Project, shall not support any claim for any damages, costs or additional compensation by the Contractors for the Project; (2) recognizing the validity of this Resolution and waiving any claim to the award of any portion or zone of the Project beyond the specific portion or zone awarded to each respective Contractor herein, in a form approved by the Village Attorney; (3) extending the prohibition from withdrawal of bids by the Contractor to a period of 120 days from the date of adoption of this Resolution. Section 5. Implementation. That the Village Manage is hereby authorized to take any and all action necessary to implement this Resolution in accordance with its terms and conditions. 4 AT Section 6. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 16th day of November , 1999. idfse CONCHITA H. ALVAREZ, CMC, VILLAGE JOE I. RASCO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS , VILLAGE ATTORNEY 103001\resolutions\ awarding bidsfor sanitary sewer project no. 01-640 5 RESOLUTION NO. 99-94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FIRM OF MOYER & ASSOCIATES/SEVERN TRENT ENVIRONMENTAL SERVICES FOR FINANCIAL SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ( the "Village") desires to employ the services of the firm of Moyer & Associates/Severn Trent Environmental Services (the "Consultant) for the purpose of providing non-exclusive financial and accounting advisory services for the Village during the contract period Services; and WHEREAS, the Consultant desires to assist the Village with such matters. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Moyer & Associates/Severn Trent Environmental Services for Financial Services. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of Nove u • • , ' 99. CONCHITA H. ALVAREZ, CMC, VILLA APPROVED AS TO FORM AN LEGAL WEFT RICHARD JAY WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING THE FOLLOWING LEGISLATIVE PRIORITIES FOR THE YEAR 2000; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne wishes to support the following Legislative Priorities for the year 2000. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA THAT IT SUPPORTS THE FOLLOWING LEGISLATIVE PRIORITIES FOR THE YEAR 2000: That the following Legislative Priorities for the year 2000 be adopted by the Village of Key Biscayne: Section 1. Playing Fields. Section 2. Planned development for Virginia Key area project. Section 3. Master Plan - State Funding. Section 4. Beach Nourishment Program. Section 5. State Sanitary Sewer Construction Loan. Section 6. Funding for: a. Police/Village Building b. Community Center c. Fire Rescue Station Section 7. Miami Seaquarium Development Plan. PASSED AND ADOPTED this 16th day of November , 1999 4 aalif TA H. ALVAREZ, CMC, VILLAGE C PP� APPROVED AS TO FORM AND LEGAL SUFFICIENCD RICHARD WEISS, VILLAGE ATTORNEY RESOLUTION NO. 99-96 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COASTAL SYSTEMS INTERNATIONAL, INC. (CSI) TO PERFORM MAGNETOMETER SURVEYS IN CONJUNCTION WITH THE PROPOSED 1999 VILLAGE BEACH NOURISHMENT AS REQUESTED BY THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Council, via Resolution 99-6 adopted January 12, 1999, awarded Coastal Systems International, Inc. the contract for professional engineering services for the Proposed 1999 Village Beach Nourishment; and WHEREAS, on August 23, 1999 the Florida Department of State Division of Historical Resources requested via letter that due to the reasonable probability of unrecorded shipwrecks in the proposed borrow area a professional magnetometer be performed; and WHEREAS, on October 22, 1999 the Florida Department of Environmental Protection "Request for Additional Information" letter stated that they require "written approval from the Department of State, Division of Historical Resources for each Borrow Area". NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the agreement, in substantially the form attached hereto, between the Village of Key Biscayne and Coastal Systems International, Inc. (CSI) to perform magnetometer surveys in conjunction with the Proposed 1999 Village Beach Nourishment as requested by the State of Florida Department of Environmental Protection (DEP). Section 2. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of November, 1999 CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD J. WEISS, VILLAGE ATTORNEY prepared by James D. DeCocq, Assistant to the Village Manager Sent -By: COASTAL SYSTEMS INTERNATIONAL; 305 661 1914 Nov -2-99 5:51PM; Page 1/2. COASTAL SYS\FEMS INTERNATIONA COASTAL SYSTEMS INTERNATIONAL INC. 464 South Dixie highway • Coral Gables; Florida 33146 Tel: (305)661-3655 • Fax: (305)661-1914 FACSIMILE TRANSMITTAL COMIVI: 135040.01 DATE: November 2, 1999 TO: Mr. James De Cocq FAX: (305) 365-8936 COMPANY: VILLAGE OF KEY BISCAYNE TEL: (305) 365-5514 FROM: Amy Woodhead RE: MAGNETOMETER SURVEY BREAKDOWN OF COSTS TOTAL PAGES (Including Cover): 2 gl Urgent 0 For Review 0 Please Comment 0 Please Reply El As Requested NOTES: As you requested the following is a breakdown of the costs for the magnetometer survey: • Coastal Systems fees — $9,000, which includes coordination, GPS operator/navigator (2 days), project manager/boat driver (3 days), 2 divers (1 day), and post processing/drafting. • Subconsultants - $14,850, please see attached proposal from Karell Archaelogical Services who have worked previously on the borrow area magnetometer survey. • Equipment Rental - $3,000, includes a boat, differential global positioning system, laptop, and dive. gear. We also obtained an estimate for these services from Continental Shelf Associates for $30,000. This company performed the 1985 magnetometer survey offshore Key Biscayne. The FDEP Notice of Publication is scheduledto come out in The Islander on November 4, and will run $218.00. Should you have any questions or concerns please do not hesitate to contact me. Coastal Systems International, Inc. is a professional engineering firm specializing exclusively in projects within the coastal and marine environment. Our experience includes projects in the following areas:. • Bcai;h Restoration • Shoreline Stabilization • Wetland Restoration • Environmental & CCCL Permit Processing • Hydrographic Evaluations • Physical Model Studies C; ojcmt33O4aOtltmrnryMrncM(99-11-3I. FAX tames De Cocci doe • Inlet Management Planning • Marine Structures • Civil Sept.By: COASTAL SYSTEMS INTERNATIONAL; 305 661 1914 ; Nov -2-99 5:52PM; Page 2/2 A.e:eived: 9/24/99 12:O4PM; -> COASTAL SYS'ItMS 1NItFNAISUNAL; rage KARELL ARCHEOLOGICAL. SERVICES POST OFFICE BOX 342 WASHINGTON. D.C- 200Ad Telephone: (202) 333-1492 FAX Number: (703) 243-1492 24 September 1999 Mr. David Olin Coastal Systems International, Inc. 464 -South:., Dixie Highway Coral Gables, Florida 33146 Re: Village of Key Biscayne Beach Nourishment Project. Dear Mr. Olin: Thank you for contacting this firm concerning an underwater archeological magnetometer survey and technical report for the above referenced project. The work will be performed in accordance with applicable Federal and Florida legislation and guidelines. It will consist of background research at the Florida State Historic Preservation Office, proton magnetometer remote sensing field survey, and preparation of a cultural resource management technical report. The following is the proposed schedule and lump sum price for that work. The proposed price includes all expenses and costs. Mobilization/Demobilization 3 days Background Research 2 days Field Survey 2 days Data Analysis 1 day Report Preparation 3 days Contingency 1 day Proposed Lump Sum Price = $14,850.00 It is our understanding that Coastal Systems International, Inc,, will'provide a suitable vessel and electronic navigation for the field survey. The field work will consist of a remote sensing survey to locate. magnetic anomalies of potential historical significance and does not include ground-truthing identification. If you have any questions, please contact me. Sincerely, Daniel Koski-ICarell President COASTAL COASTAL SYSTEMS INTERNATIONAL, INC. 464SouthDixie Highway • CoralGables,Florida 33146 Te1:305/661-3655 •Fax:305/661-1914 SYSTEMS INTERNATIONAL October 18, 1999 Mr. James DeCocq Assistant Village Manager VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 R-135040.01 RE: ENGINEERING SERVICES RELATIVE TO A MAGNETOMETER SURVEY FOR THE PROPOSED VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT, MIAMI- DADE COUNTY, FLORIDA Dear Mr. DeCocq: Pursuant to our meeting of September 17, 1999, this is to submit a proposal for services relative to the proposed Key Biscayne Beach Renourishment project. As discussed, Item 10 of the DEP Joint Coastal Permit application requires a letter of approval stating that no significant historical properties will be impacted by activities associated with the proposed beach renourishment project. In a letter dated August 23, 1999, Ms. Laura Kemmerer of the State Department of Historical Records informed us that while no historical properties are located in the beach fill area, the proposed borrow areas have the potential to contain historic shipwrecks. A magnetometer survey was conducted in 1985 in the vicinity of the originally proposed borrow area. The survey found no historical shipwrecks, but did not encompass all of the new borrow areas that we are now considering. We are therefore required to conduct magnetometer surveys in the new proposed borrow areas to confirm the presence or absence of historical properties in the aforementioned areas offshore Key Biscayne. The following presents a detailed scope of work for additional services to be provided by Coastal Systems International, Inc. (Coastal Systems) for the Village of Key Biscayne (Village): PART VI - ADDITIONAL FIELD INVESTIGATIONS (vi) Magnetometer Surveys: Coastal Systems will work in conjunction with a qualified archeologist to assess the possible presence of historic shipwrecks within the proposed borrow areas. Relevant background information will be researched at the Florida State Historic Preservation Office in Tallahassee, by the project archeologist. Listed shipwrecks within the area will be researched. Magnetic anomalies of potential historical significance will be located and mapped in a magnetometer remote sensing field survey. Specifically, Coastal Systems will supply a boat equipped with survey quality DGPS and navigation software, magnetometer and archeologist familiar with marine archeological magnetometer Coastal, Environmena ., i g o ` ` g and Management 135040.01 Mr. James DeCocq October 18, 1999 Page 2 surveys. Magnetometer data will be obtained along transects covering the limits of the proposed borrow areas. Based on the findings of the survey, Coastal Systems will conduct dives to ground - truth and identify the source of any anomalies, as appropriate. A map will be prepared identifying the results of the survey with areas of archeological significance clearly delineated. All work will be performed in accordance with applicable Federal and State laws and regulations. A cultural resource management technical report will be prepared by the archeologist that will summarize the findings of the background research and magnetometer survey. The report will provide recommendations for the preservation of any areas of archeological significance. Coastal Systems will present the report to the DEP on behalf of the Village of Key Biscayne in order to fulfill permit requirements. Fees for Part I services are $27,000.00 GENERAL Fees: Coastal Systems will invoice the Village for Part VI services on a percent complete basis. Expenses will be invoiced separately as per the attached rate schedule. Payments shall be made to Coastal Systems upon receipt of an invoice. Invoices not paid within 30 days and not in dispute shall incur interest at a 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. We look forward to working with you and the Village in the successful implementation of this project. Please return an executed copy of this agreement, which will serve as our Authorization to Proceed. Should you have any questions, please do not hesitate to contact me. SIGNED: VILLAGE OF' <i Y BISCAYNE AW/DO/CP:bb Attachments ely, SYSTEMS INTERNATIONAL, INC. R. Harvey Sasso, P.E President G:\Project\135090.01\Contracts-Proposals-Fee schedules\(99-10-18) AddendumPAO far Magnetometer Suney.doc COASTAL SYSTEMS INTERNATIONAL, %4 DATE: f1/aalf7 tal, Lronmental, Civil Engineering and Management COASTAL SYSTEMS INTERNATIONAL, INC. HOURLY RATE SCHEDULE Effective June 1, 1997 TITLE HOURLY RATE Principal $ 135.00 Expert Witness $ 150.00 Senior Engineer $ 120.00 Project Manager $ 110.00 Project Engineer/Senior Biologist $ 95.00 Design Engineer $ 85.00 Permit Specialist/Marine Biologist $ 75.00 Designer $ 65.00 CADD/Engineering Technician $ 60.00 Technical/Administrative Assistant $ 50.00 Clerical $ 42.00 REIMBURSABLE EXPENSES Plotting/Blueprints Cost x 1.1 Xerox Copies - Cost Per Sheet $.20 Fax Transmissions - Cost Per Page $.50 Mileage - Cost Per Mile $.30 Other out-of-pocket expenses (i.e., travel expenses, Cost x 1.1 rentals, purchase of maps, etc.) EQUIPMENT (if required) See attached schedule SUBCONTRACTED EXPENSES Cost X 1.1 INVOICING AND SERVICE CHARGES: Invoices will be submitted monthly and are due within 30 days. A service charge of 1'A % per month will be added to invoices remaining unpaid after 30 days. Invoices unpaid after 60 days may cause work on the project to stop. COASTAL SYSTEMS INTERNATIONAL, % taI onmental, Civil Engineering and Management RESOLUTION NO. 99-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH SPILLIS, CANDELA & PARTNERS, INC. FOR ARCHITECTURAL SERVICES (SCHEMATIC PHASE) ASSOCIATED WITH THE DESIGN OF THE POLICE STATION AND ADMINISTRATION BUILDING AND RELATED WORK ASSOCIATED WITH THE CIVIC CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council adopted Resolution No. 99-78 directing the Village Manager to negotiate an architectural and engineering agreement with Spillis, Candela & Partners, Inc. for a police station and administration building; and WHEREAS, the Village Council has retained the Florida Department of Management Services to assist staff in the construction, management, coordination and implementation of the Village Civic Center Master Plan; and WHEREAS, the state of Florida Department of Management Services has reviewed the attached agreement and recommends it be approved by the Village Council. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is authorized to enter into an Agreement to employ the firm of Spillis, Candela & Partners, Inc. for purposes of preparing Schematic Architectural Plans for the Police Station and Administration Building and related work associated with the Village Civic Center. Section 2. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 3. That the Agreement, in substantially the form attached hereto, is hereby approved and the Manager is authorized to execute the Agreement on behalf of the Village. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of November, 1999. adaa/ CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVF.i) AS TO FORM AND LEGAL SUFFICIENC RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE L RASCO RESOLUTION NO. 99-98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;. AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH JAMES A. CUMMINGS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE VILLAGE CIVIC CENTER MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council has retained the Florida Department of Management Services to assist staff in the construction, management, coordination, and implementation of the Village Civic Center Master Plan; and WHEREAS, the Village Manager created a Construction Management Screening Committee for purposes of assisting the Village in the selection of a Construction Manager to build the Village Civic Center; and WHEREAS, the Construction Management Screening Committee held meetings on September 27, 1999, October 6, 1999, October 20, 1999, and November 1, 1999 for purposes of reviewing and recommending construction management firms to the Village Manager; and WHEREAS, the Construction Management Screening Committee has recommended the following three firms in prioritized order. 1. James A. Cummings, Inc. 2. Walbridge Aldinger 3. James B. Pirdle Construction Co. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is authorized to enter into an Agreement to employ the firm of James A. Cummings, Inc. as the Construction Manager for Village Civic Center. Section 2. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 4. That the Agreement, in substantially the form attached hereto, is hereby approved and the Manager is authorized to execute the Agreement on behalf of the Village. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 16th DAY OF November 1999. ATTEST. iadae CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICI RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-99 A RESOLUTION OF THE VILLAGE COUNCIL OF TIM VILLAGE OF KEY BISCAYNE, FLORIDA; REQUESTING THE TEMPORARY CUSTODY OF A CERTAIN PLAQUE FROM THE MIAMI-DADE COUNTY PARKS AND RECREATION DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dr. John V. Handwerker (1919-1988) devoted his life to the practice of family medicine on the island of Key Biscayne and was loved and was respected by all who were privileged to know him; and WHEREAS, in 199( ), Dr. Handwerker's many contributions to this island community were recognized and memorialized by Miami -Dade County upon a plaque prominently displayed at the Crandon Park Golf Course (formerly the Links at Key Biscayne) curbside on a road designated "Dr. Handwerker Drive"; and WHEREAS, due to ongoing planning and renovations at Crandon Park, Dr. Handwerker's plaque was removed from public view and presently is in storage at Crandon Park; and WHEREAS, the Village of Key Biscayne desires to provide an appropriate and dignified location for the display of Dr. Handwerker's plaque during this period. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Miami -Dade County Parks and Recreation Department shall be requested to place Dr. Handwerker's plaque in the temporary custody of the Village as a loan, subject to cancellation and recall at the pleasure of the Miami -Dade County Parks and Recreation Department. Section 2. Upon receipt of the Dr. Handwerker plaque, the Village Manager shall make the necessary arrangements to affix it to an appropriate base installed at a proper site within the Village of Key Biscayne. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 7th day of December , 1999. .noSidalwee CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL AGE ATTORNEY MAYOR JOE I. RASCO RESOLUTION NO. 99-100 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE SPILLIS, CANDELA, AND PARTNERS FOR THE CIVIL ENGINEERING AND ELECTRICAL PLANS ASSOCIATED WITH THE VILLAGE CIVIC CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council has authorized the Village Manager to enter into an Agreement with the Spillis, Candela, and Partners for schematic design plans for the Police and Administrative Office Building; and WHEREAS, the aforementioned Agreement provides for a separate Agreement, subject to authorization by the Village Council, for the preparation of civil engineering plans associated with the infrastructure that is required to service the Village Civic Center; and WHEREAS, it is now timely to enter into the civil engineering Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council authorizes the Village Manager to enter into the attached Agreement. Section 2. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 3. That the Agreement, in substantially the form attached hereto, is hereby approved and the Manager is authorized to execute the Agreement on behalf of the Village. Section 4. This resolution shall take effect immediately upon adoption. PASSFT) AND ADOPTED this 7th day of December , 1999. MAYOR JOE I. RASCO �4w A H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S RESOLUTION NO. 99-101 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE; PROVIDING FOR AN Er'N'ECTIVE DATE. WHEREAS, the permit building permit fees were last reviewed and amended on 1997 and it is necessary to establish fees that reflect the actual costs associated with service of providing permits for construction, alteration, maintenance, and repair of properties, building, and structures; and WHEREAS, the Building, Zoning, and Planning Fee Schedule does not provide sufficient revenue to fund the cost of operating the building component of the Building, Zoning, and Planning Department; and WHEREAS, the general fund of the Village has been used to subsidize the building component of the Building, Zoning, and Planning Department; and WHEREAS, the planning and zoning fees are not equivalent to the cost of processing applications relating to variances, conditional uses, site plan review, change of zoning, appeals of administrative decisions, amendments to the Zoning and Land Development Regulations and the Comprehensive Plan; and WHEREAS, the general fund of the Village has been used to subsidize the processing of applications relating to Certificates of Use, Certificates of Completion, Certificates of Occupancy, variances, conditional uses, site plan review, change of zoning, appeals of administrative decisions, amendments to the Zoning and Land Development Regulations, Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the base building permit fee is hereby increased to the rate shown on Exhibit «A„ Section 2. This resolution shall take effect on January 1, 2000. PASSED AND ADOPTED this 7th day of December , COINClf'IA H. ALVAREZ, CMC, VILLAGE C RICHARD J. WEIS TTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAYOR JOE I. RASCO EXHIBIT "A" VILLAGE OF KEY BISCAYNE BUILDING, ZONING AND PLANNING FEE SCHEDULE Adopted by the Village Council December 7, 1999 For additional information contact: Building, Zoning, and Planning Department 85 West McIntyre Street Key Biscayne, F1 33149 305 365 5511 305 365 5556 (fax) TABLE OF CONTENTS A. General Information on Special Fees, Refunds, Extensions, and Cancellations 1 Double Fees 1 Re -inspection Fees 1 Lost and Revised Plans Fee 1 Refunds, Time Limitation, and Cancellations 2 Special Projects 4 General Information 4 Inspections Requiring Overtime 4 Fees Based on Estimated Cost Documentation Required 4 Building Permit Processing Fee 4 Contractors Registration Fee 4 Zoning Plan Review Fee 4 B. Building Permit Fees 5 Up - Front Processing Fee 5 Minimum Building Permit Fee 5 New Buildings and Additions 5 Roofing and Re -Roofing for any Building 6 Fences and/or Wall, Perimeter 6 Ornamental Iron 6 Swimming Pools, Spas, and Hot Tubs 6 Temporary Platforms and Temporary Bleachers to be used for Public Assembly 7 Demolition of Buildings 7 Demolition of Signs, Fences, and/or Wall Structures other Buildings 7 Shop Drawing Review 7 Installation or Replacement of Windows or Doors 7 Screen Enclosures, Canopies, and Awnings 8 Trailer Tie Down 8 Sign Permit Fees 8 Satellite Dish, Antenna, or Device used to Receive or Transmit a Signal through the Air 8 Tie Down Re -Inspection 9 C. Plumbing Permit Fees 9 Minimum Plumbing Permit Fee 9 Residential Plumbing (Group I) 9 All Groups Except Group Single Family and Duplex Group 1 9 Septic Tank, Settling Tanks, Gas and Oil Interceptors, and Grease Traps 9 Sewer 10 Condensate Drain (Air Conditioning) 10 Water Piping 10 Wells 10 Natural Gas or a Liquefied Petroleum 11 Water Treatment Plants, Plumbing Stations, Sewerage Treatment Plant and Lift Stations 11 Water and Gas Mains 11 Storm and Sanitary Utility and/or Collection for Lines and Building Drain Fields 12 Temporary Toilets - Waterborne or Chemical 12 Dental Vacuum Lines 12 Construction Trailer or Manufactured Home Connections 12 D. Electrical Permit Fees 12 Minimum Electrical Permit Fee Including Repair Work for Permit 12 Permanent Service to Buildings - New Work Only 12 Feeders 13 Agricultural Service 13 Temporary Service for Construction 13 Trailer Service (Residential) 13 Trailer Service (All other groups) 13 Temporary Service for Test 13 Residential Wiring 13 All Other Wiring 14 Lighting Fixtures 15 Signs and Architectural Features (indoor aeons) 15 Temporary Work on Circuses, Carnivals, Fairs, Christmas Tree Lots, Fireworks, Tents, etc. 15 Fire Detection System 15 Master Television Antenna and Radio System 16 Burglar Alarm System 16 Intercom System 16 Energy Management 16 Swimming Pool, Electrical 17 Free Standing Service 17 E. MECHANICAL PERMITS Minimum Mechanical Permit Fee 18 Air Conditioning and Refrigeration, including the Relocation of Equipment 18 Mechanical Single Family Residences and Duplexes Group 1 (Includes Categories (03, 10, 41) 18 Furnaces and Heating Equipment, including Commercial Dryers, Ovens and other Fired Objects not Elsewhere Classified 19 Fire Sprinkler System 19 Storage Tanks for Flammable Liquids 19 Internal Combustion Engines 19 Commercial Kitchen Hoods 19 Other Fees 20 F. ELEVATORS, ESCALATORS, AND OTHER LIFTING APPARATUS 20 Amusement Rides and Devices 20 G. BOILERS AND PRESSURE VESSELS 20 Boilers 20 Fees for Periodic Re -Inspection 21 H. CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF COMPLETION 21 Residential 22 Business, Wholesale, and Retail 22 Unusual Uses, Special Permits, Business, and Industrial Uses 22 Trailer Use Certificates 23 Maximum Fee 23 Change of Use or Name 23 Refunds 23 Occupancy Without a Certificate of Occupancy 24 Failure to Renew a Certificate of Occupancy 24 Certificate of Completion (C.C.) 24 Temporary C.O. "Up -Front Fee 24 C.O. and T.C.O. Inspection Fee 24 C.O. Re -inspection Fee 24 Letter of Omission Fee 25 Shutter Certification 25 PLANNING AND ZONING APPLICATION FEES 26 Planning and Zoning Fee Schedule 27 Appeals of Village Council Decisions 27 Preparation of Certified Record for Court 27 .1. COST OF PUBLICATIONS AND RECORDS 27 South Florida Building Code, Other Code Books, Supplements, and Departmental Publication Fees 27 Copies of Departmental Records 28 Premise Permit Fee 28 40 Year Recertification Fees 29 Structural Glazing Systems - Recertification Fees 29 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 per trade. 3. LOST AND REVISED PLANS FEE a. Lost Plans: 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 1 (single family residence) fifty dollars $50.00, and a minimum fee for all others of ninety dollars ($90.00). 1 b. Revised Processing Fees: 1. Major plan revision after permit is issued shall be subject to a fee of fifty percent (50%) of the original permit fee . 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. 3, 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. 4. A fee of $75.00 shall be charged for failure to make required corrections that were provided under a previous review. 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. d. Retrieval of Records Fee: A fee of $1.00 per page in excess of five pages shall be charged for copies of inspection results.y 4. REFUNDS, TIME LIMITATION, and 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 one hundred dollars ($100.00) 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 2 5. the original permit holder when there is a change of contractor. b. A full refund less one hundred dollars ($100.00) or fifty 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 one hundred dollars ($100.00) 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 one hundred dollars ($100.00), in which case the original permit feel shall be paid. d. A fee of sixty dollars ($60.00) 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) of 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. 3 5. SPECIAL PROJECTS 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). 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. Impact fees are assessed on certain building permits, including reapplication on expired permits. 7. INSPECTIONS REQUIRING OVERTIME: Charges for construction inspections, which are requested in advance and where the permit applicant has requested an employee to work overtime, shall be 1.5 times the employees hourly rate. The fee shall be paid to the Village within 48 hours of the inspection. 8. FEES BASED ON ESTIMATED COST -DOCUMENTATION REQUIRED: The Department may require the permit applicant to submit appropriate documentation as proof of estimated cost of construction used to compute permit fees. 9. BUILDING PERMIT PROCESSING FEE: A fee of twenty five dollars ($25.00) shall be charged for processing each permit application. 10. CONTRACTOR REGISTRATION FEE: An annual fee of twenty dollars ($20.00) shall be charged for registering general contractors. 11. ZONING PLAN REVIEW FEE: $ 20.00 minimum and $ 200.00 maximum based on a formula of $.0025 x sq. ft. 4 B. 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 nine dollars ($9.00) for each 100 square feet or fractional part thereof, or five dollars ($5.00) for each $1,000.00 of estimated value or fractional part thereof. This processing fee is not refundable, but shall be credited toward the final building permit fee. 2. MINIMUM BUILDING PERMIT FEE: Minimum Fee for a Building Permit: This minimum does not apply to add on building permits issued as supplementary to current outstanding permits for the same job. $100.00 3. NEW BUILDINGS OR ADDITIONS: a. Single Family and Duplex (Group 1): 0-100 sq. ft $ 50.00 101 to 300 sq. ft $ 85.00 301 to 500 sq. ft. $ 125.00 501 to 1000 sq. ft. $ 225.00 1001 to 1500 sq. ft. $ 325.00 for each 500 sq. ft. or fraction thereof above 1500 sq. ft. $ 100.00 Alterations or repairs $ 0.05 per $ 1.00 of estimated value of work. Minimum fee of $ 100.00 maximum fee of $ 2,500.00 b. All Other Construction: Repairs due to fire damage $ 0.05 per $ 1.00 of estimated value of work. Minimum fee of $ 225.00 Storage and industrial use of Group E and F occupancies $ 9.25 per 100 sq. ft. or fraction thereof. Minimum fee of $ 225.00 Shade houses $ 0.35 per 100 sq. ft. or fraction thereof 5 Slabs $ 70.00 New construction other than as specified herein: (water towers, pylons, bulk storage -tank found on, unusual limited -use buildings, marquees, and similar construction) $ 9.10 for each $ 1,000 of estimated cost of fraction thereof. Subsoil preparation for each $1,000 of estimated costs $5.25 All other construction, alterations, and repairs $ 18.00 per 100 sq. ft. or fraction thereof. Minimum fee of $ 225.00 4. ROOFING AND RE -ROOFING FOR ANY BUILDING*: Roofing shingle $ 0.10 $ 100.00 per sq. ft. minimum fee Roofing tile $ 0.10 per sq. ft $ 100.00 minimum fee Other types of roofing material $ 0.08 per sq. ft. $ 100.00 minimum fee * Fees for buildings multiple roofs shall be based on the square footage cost of each type. 5. FENCES AND/OR WALL, PERIMETER: For each 100 linear ft. or fractional part thereof $ 1.60 Minimum fee. $ 100.00 6. ORNAMENTAL IRON: Per sq. ft. of coverage $0.55 7. SWIMMING POOLS, SPAS, AND HOT TUBS Installation or repair $ 120.00 6 8. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE USED FOR PUBLIC ASSEMBLY For each 100 square feet or fractional part of platform area $ 5.25 For each 100 lineal ft. or fraction part of seats $ 4.50 9. DEMOLITION OF BUILDINGS For each 100 sq. ft. or fractional part of floor area $ 11.25 Minimum fee of $ 100.00 10. DEMOLITION OF SIGNS, FENCES, AND/OR WALL STRUCTURES OTHER THAN BUILDINGS Fee $ 100.00 11. SHOP DRAWING REVIEW a. Trusses First 600 sq. ft. or fractional part For each 100 sq. ft. or fractional part there of $ 13.65 b. Precast/prestress Roof, floor, walls, and similar structures - each 1,000 sq. ft. or fractional part $ 7.00 c. Overhead doors, each $ 7.00 d. Skylights, each $ 7.00 e. Handrails and stair rails per linear ft $ 1.00 f. Storefront/fixed glazing (Under 8 ft. high x 4 ft. wide) 100 sq. ft. or part $ 7.75 g. Walk-in coolers, each $ 64.20 12. 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 fixed glass 8 ft. in height or 4 ft. in vertical mullion spacing; or curtain walls including windows and doors therein. 7 For each 100 sq. ft. or fractional part $ 6.75 Minimum fee $ 100.00 13. SCREEN ENCLOSURES, CANOPIES, AND AWNINGS a. Screen enclosures: each 100 sq. ft or fraction thereof $ 9.35 b. Free standing canopies per $ 1000.00 of estimated cost $ 9.35 c. Awnings and canopies attached to structures: horizontal projection per sq. ft. of area covered $ 0.10 d. Storm shutters: per sq. ft. of area covered $ 0.09 e. Minimum fee $ 100.00 14. TRAILER TIE DOWN Tie down inspection fee: including tie down, plug in of plumbing and electrical service connections per trailer (This does not include installation of meter mounts and service equipment. Separate mechanical plumbing and related electrical permits are required. $ 80.00 15. SIGN PERMIT FEES a. Minimum fee $ 100.00 b. Signs: non -illuminated (per sq. ft.) (Illuminatedsigns under electrical permit $ 1.35 c. Annual renewal of Class C signs on or before October lst of each year (per sign) $ 32.00 16. SATELLITE DISH, ANTENNA, OR DEVICE USED TO RECEIVE OR TRANSMIT A SIGNAL THROUGH AIR OR SPACE Serving a single family home, duplex, or a dwelling unit - Otte fee total for all trades $ 37.50 Serving more than two dwelling units. Per dish, antenna even if mounted on one pole. $ 160.00 8 17. TIE DOWN RE -INSPECTION Minimum fee $ 100.00 C. PLUMBING PERMIT FEES 1. MINIMUM PLUMBING PERMIT FEE Except as otherwise specified. This minimum does not apply to add on plumbing permits issued as supplementary to current outstanding permits for the same job. $ 100.00 2. RESIDENTIAL PLUMBING ( GROUP I) New single family residence or duplex per sq. ft. $ 0.10 Addition to single family residence or duplex per sq. ft. $ 0.10 Minimum fee $ 100.00 3. ALL GROUPS EXCEPT GROUP SINGLE FAMILY AND DUPLEX GROUP Roughing -in 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 $ 6.40 Each roughing -in or plugged outlet replaced on old roughing in: each fixture $ 6.40 Pool heaters installed, replaced, or repaired $ 100.00 4. SEPTIC TANKS, SETTLING TANKS, GAS AND OIL INTERCEPTORS, GREASE TRAPS including tank abandonment, draintile and relay for same $ 31.70 9 5. 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. $ 32.10 Sewer capping/demolition $ 32.10 6. CONDENSATE DRAIN (AIR CONDITIONING) Per outlet $ 4.28 Except single not manifolded A/C not exceeding 5 HP No charge 7. WATER PIPING Water service connection to a municipal or private water supply system (for each meter on each lot) $ 8.50 Water connection or outlets for appliance or installations not covered by fixture set above $ 8.50 Irrigation system, and underground sprinkler system for each zone $ 18.00 Solar water -heater installation, equipment replacement or repair $ 96.30 Swimming pool maintenance, water heater piping, not including well (new installation of replacement including service connection $ 107.00 Residential $ 107.00 All groups excluding residential $ 107.00 Sump pump $ 8.55 2 inch or less water service backflow assembles $ 37.45 2 1/2 inch or less water service backflow assembles $ 58.85 Repairs to water piping: for each $1,000 estimated cost or fractional part $ 6.15 8. WELLS All wells $ 56.20 10 9. NATURAL GAS OR LIQUEFIED PETROLEUM Group 1: For each outlet (includes meters and regulators $ 6.42 Group 1: For each appliance (does not include warm air heating units, but does include invented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) $ 6.42 All other Groups: For each outlet (includes meters and regulators $ 10.70 All other Groups: For each appliance (does not include warm air heating units, but does include invented space heaters and vented wall heaters -No duct work) (See Fee section E (3) for heating) $ 10.70 For each meter (new or replacement) $ 4.30 For major repairs to gas pipe where no fixture or appliance installation in involved $ 107.00 Underground L.P. Gas Tanks $ 107.00 Above ground L.P. Gas Tanks $ 107.00 Change of company (no additional appliances or outlets $ 17.00 10. WATER TREATMENT PLANTS, PUMPING STATIONS, SEWAGE TREATMENT PLANT AND LIFT STATIONS Water treatment plant (interior plant piping) $ 224.70 Sewage treatment plant (interior plant piping) $ 160.50 Lift station (interior station piping) $ 256.80 Sewage ejector $ 75.00 11. WATER AND GAS MAINS Minimum fee $ 100.00 Each 50 ft. or part thereof (On private property and other than utility easement) $ 7.50 11 12. STORM AND SANITARY UTILITY AND/OR COLLECT FOR LINES AND BUILDING DRAIN FIELDS Minimum fee $ 100.00 Each 50 ft. or part thereof $ 7.50 Each manhole or catch basin $ 10.70 13. TEMPORARY TOILETS -WATERBORNE OR CHEMICAL First temporary toilet $ 48.15 For each additional $ 8.85 Renewal of temporary toilet Same fee as original fee 14. DENTAL VACUUM LINES Each system $ 107.00 15. CONSTRUCTION TRAILER OR MANUFACTURED HOME CONNECTIONS Each unit $ 107.00 D. ELECTRICAL PERMIT FEES 1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK FOR PERMIT Except as otherwise specified. This minimum does not apply to add on electrical permits issued as supplementary to current outstanding permits for the same job. $ 100.00 2. PERMANENT SERVICE TO BUILDINGS - NEW WORK ONLY The following fee shall be charged for total amperage of service: for each 100 amp. or fraction thereof $ 4.80 12 3. FEEDERS Each feeder (includes feeders to panels, M.C.C.; switch -boards, generators; automatic transfer switches, elevators, etc.) $ 12.85 4. AGRICULTURAL SERVICE Per Service $ 53.50 5. TEMPORARY SERVICE FOR CONSTRUCTION Per service $ 53.50 6. TRAILER SERVICE (RESIDENTIAL) Per service $ 53.50 7. TRAILER SERVICE (ALL OTHER GROUPS) Per amp (per service) $ 58.85 TEMPORARY SERVICE FOR TEST a. Equipment and service (30 day limit) per meter $ 96.30 b. Elevator (180 day limit) per elevator $ 9620 9. 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 new construction an additions for each sq. ft. of floor area. $ 0.08 Minimum fee $ 100.00 Alterations or repairs per $ 1.00 estimated cost or fractional part $ 0.05 Minimum fee $ 100.00 Common areas of roup mudes: corn ors, pub i c lounges, elevators, pumps, A/C (public area lights, outlets, house and emergency service etc. These areas shall be subject to the fees below: ld H G ci 13 10. ALL OTHER WIRING 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 $ 1.70 b. Special outlet up to 60 amps $ 7.50 c. Special outlet over 60 amps $ 13.90 d. Commercial equipment VA rated) X-ray outlets, commercial cooking equipment, presses, generators, transformers, permanently connected. For each 10 KW or fractional part $ 7.50 e. Motors (Fractional already covered on general outlets) $ 9.65 Each motor 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 $ 6.40 2. Air conditioning and refrigeration system strip heating, space heating. For each 105.25 KW of fractional part $ 7.00 3. Replacement or relocation of existing A/C and refrigeration units (same size) a. Per ton $ 2.15 b. Per KW $ 1.07 g. Electrical equipment - replacement (existing facilities) Fee based on cumulative cost of the following components: 1. Switchboards, M.C.C., panels, control boards. For each $ 15.75 board $ 21.40 2. Motor replacement for same size a. From 1 HP to 5 HP for each motor $ 5.35 b. From 5 HP to 100 HP for each motor $ 4.30 c. Over 100 HP for each motor $ 15.15 14 11. LIGHTING FIXTURES: Fee based on cumulative cost of the following components: Includes floodlights, spotlights, parking fights, tennis court lights, fluorescent and incandescent fixtures, etc. a. Per fixture $ 1.60 b. Plugmold, light track, neon strips. Each 5 feet or fractional part $ 3.30 c. Per lighting pole (standards) (Fixture to be charged separately) $ 10.70 Group 1 pole $ 16.00 Commercial pole 12. SIGNS AND ARCHITECTURAL FEATURES (INDOOR NEONS) Per outlet $ 13.40 Per sq. ft. of sign $ 1.35 Repairs and re -connection each $ 80.25 Neon strips each 5 ft. or fractional part $ 2.70 Minimum fee $ 100.00 13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS, CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC.: Per ride or structure $ 53.50 Minimum fee $ 200.00 14. FIRE DETECTION SYSTEM: . Includes fire alarm systems, Halon, etc. Does not include single 110 volt residential detectors.(needs category 04 processing). a. Master control, New and upgrades $ 134.75 b. Each device $ 1.34 c. Repairs and additions to existing systems $ 100.00 15 15. MASTER TELEVISION ANTENNA AND RADIO SYSTEM: Does not include CABLE and telephone empty conduit system. Does include free wiring of same a. Master Control $ 21.40 b. Each device $ 1.30 16. BURGLAR ALARM SYSTEM a. Installation wiring $ 48.15 b. Master control and installation devices $ 48.15 $ 1.20 per device c. Complete system $ 96.30 d. Repair per system $ 48.15 17. INTERCOM SYSTEM: Includes residential, nurse call, paging, etc. a. Each new system all groups $ 96.30 b. Each device $ 1.30 c. Repair each system, all groups accept Group 1 $ 107.00 $. ENERGY MANAGEMENT a. Per floor $ 112.35 b. Each device $ 1.30 c. Repair per floor $ 107.00 16 19. SWIMMING POOL, ELECTRICAL: Fee based on cumulative cost of the following components: a. Residential pool & spa (Group I) (Includes motor and pool lights $ 107.00 b. Residential combination pool/ spa (Includes motor and pool lights $ 107.00 c. Pool deck lights outlets per fixture or outlet $ 1.60 d. Pool/spa heater per unit (residential/commercial $ 96.30 e. Commercial and multi -family dwelling pool and spa $ 150.00 t Commercial and multi -family dwelling combination pool and spa $ 203.00 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. a. Service -per pump $ 0.80 b. Outlet per outlet $ 1.60 c. Lighting fixture, per fixture $ 1.60 d. Motor 105 HP, per motor $ 6.40 e. Over 5 HP to 100 HP, per motor $ 8.80 f. Over 100 HP, per motor $ 21.40 g. Per lighting pole (standards) $ 7.50 17 E. MECHANICAL PERMITS 1. MINIMUM MECHANICAL PERMIT FEE Except as otherwise specified. This minimum does not apply to add on mechanical permits issued as supplementary to current outstanding permits for the same job. $ 100.00 2. AIR CONDITIONING AND REFRIGERATION, INCLUDING THE RELOCATION OF EQUIPMENT: Separate permits are required for electrical, water and gas connections. For each ton capacity or fractional part thereof $ 16.00 3. MECHANICAL SINGLE FAMILY RESIDENCES AND DUPLEXES GROUP I (INCLUDES CATEGORIES 03, 10, AND 41) a. New construction per sq. ft. $ 7.50 b. Additions to single family residences and duplexes per sq. ft. $ 7.5 c. Minimum fee $ 100.00 4. AIR CONDITIONING AND REFRIGERATION, INCLUDING THE RELOCATION OF EQUIPMENT: separate permits are required for electrical, water and gas connections a. For each ton capacity or fractional part thereof $ 16.00 b. Room A/C unit $ 37.45 c. Minimum fee $ 100.00 18 5. FURNACES AND HEATING EQUIPMENT, INCLUDING COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT ELSEWHERE CLASSIFIED: (includes all component parts of the system except field and electrical lines). For vented and unvented wall heaters, see paragraph C. a. For each KW or fraction thereof $ 3.20 b. Minimum fee $ 100.00 6. FIRE SPRINKLER SYSTEM a. Per standpipe $ 21.40 b. Per sprinkler head $ 1.07 c. Per hose rack or hose bib $ 10.70 d. Per connection to community supply $ 53.50 e. Each 50 ft. of underground piping or part thereof $ 21.40 f. Fire pump and/or siamese connection, each $ 80.25 g. Minimum fee $ 100.00 7. STORAGE TANKS FOR FLAMMABLE LIQUIDS Per tank $ 160.00 8. INTERNAL COMBUSTION ENGINES Stationary, each $ 80.25 9. COMMERCIAL KITCHEN HOODS Each hood $ 133.75 19 10. OTHER FEES a. Fire chemical halon and spray booths $ 112.35 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 1. For each $ 1,000.00 or fractional of part of estimated cost 2. Minimum fee $ 11.25 $ 100.00 F. ELEVATORS, ESCALATORS, AND OTHER LIFTING APPARATUS Permits and inspections are provided by Miami -Dade County. If the Village provides these services, then the fees established by the County shall be used by the Village. 1. AMUSEMENT RIDES AND DEVICES a. For each portable, ride, or temporary unit (maximum of 30 day $ 101.65 b. For each permanent unit installed or altered $ 337.00 c. Annual inspection for each ride or device at any location (permanent installation only) $ 33.17 G. BOILERS AND PRESSURE VESSELS: Installation permit fees: Including in'tial inspections and certificate. Does not include installation or connection of field and water lines. 1. BOILERS: the following fees apply to each boiler to be installed: a. Boilers less than 837 MBTU each $ 107.00 b. Boilers 837 MBTU to 6,696 MBTSU each $ 107.00 c. Boilers 6,695 MBTSU and up each $ 133.75 20 d. Steam drivers prime movers, each $ 107.0Q_ e. Steam activated machinery, each $ 107.00 f. Unfired pressure vessels (operating at pressures in excess of 60 psi and having volume of more than 5 cubic feet) each pressure vessel $ 107.00 2. FEES FOR PERIODIC RE -INSPECTION a. Steam boilers (annual) each $ 133.75 b. Hot water boilers (annual) each $ 55.65 c. Unfired pressure vessels (annual) each $ 50.00 d. Miniature boilers (annual) each $ 50.00 e. Certificate of inspection (where inspected by insurance company) each $ 80.25 f. Shop inspection of boiler or pressure vessels per completed vessel $ 80.25 g. Minimum fee $ 165.00 per half day, regardless of number of vessels inspected $ 358.50 H. 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. Nonrenewable 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. 21 1. RESIDENTIAL (C.O.) Duplexes, per unit Townhouses per unit $ 37.45 None Bungalow court L48.15 None Apartments, hotels, motor hotels, and all multiple family users $ 58.85 None - per building 40-50 units $ 70.00 None 51-100 units in a building 101-200 units in a building 201 or more units in a building $ 80.00 None $ 91.00 None Private school, day nursery, convalescent and nursing home, $ 96.00 $ 54.00 hospital, ACFL and Developmentally Disabled home care BUSINESS, WHOLESALE AND RETAIL Per sq. ft. of business area $ 0.03 None Minimum $ 96..00 $ 60.00 3. UNUSUAL USES, SPECIAL PERMITS, BUSINESS, AND INDUSTRIAL USES All unusual uses , except the following Churches Cabaret, nightclub, liquor, or package store Camival, circus, or amusement rides $ 210.00 None $ 260.00 $ 125.00 $ 160.00 None $ 265.00 $ 105.00 22 4. 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. a. Trailers approved for temporary occupancy during construction of a residence (section 33-168 Metro Code) $ 193.00 $ 193.00 b. Trailer approved for commercial purposes or development projects, including watchman's quarters and temporary sales trailers $ 375.00 $ 375.00 c. Construction field offices $ 135.00 None d. Cash escrow processing fee $ 107.00 e. Trailer tag deposit $ 27.00 None f. Cash escrow processing (balloon) $ 53.5 None g. Cash escrow processing (demo) $ 214.00 None h. Demolition C. 0. $ 321.00 None 5. MAXIMUM FEE The maximum that the Building, Zoning, and Planning Department fee for a Certificate of Use and Occupancy shall be an original fee of $ 600.00 with no annual renewal fee. 6. 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. 7. 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. 23 8. OCCUPANCY WITHOUT A CERTIFICATE OF OCCUPANCY $ 160.00 plus a double C.O. fee None 9. FAILURE TO RENEW A CERTIFICATE OF OCCUPANCY 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. 10. CERTIFICATE OF COMPLETION (C.C.) a. Single family residence, townhouse unit. $ 26.75 None b. All others $ 53.50 None 11. 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 ($ 26.75) This processing fee is not refundable. This fee shall be deducted from the total cost of the TCO. 12. C.O. AND T.C.O. INSPECTION FEE When an inspection is necessary prior to the issuance of a C.Q. or TCO, an inspection fee of thirty dollars $32.10) 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. 13. C.O. RE4NSPECTION 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 24 to provide access to the property or use, a fee of fifty dollars $53.50) for each inspector who must return shall be charged. Any reinspection after the initial reinspection shall require payment of a one hundred dollars $ 107.00) fee. 14. LETTER OF OMISSIONS FEE A fee of twenty-five dollars $ 26.75) 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 $ 26.75) shall be charged. 15. SHUTTER CERTIFICATION A fee of fifteen dollars ($15.00) will be charged to certify per unit. 25 1. PLANNING AND ZONING APPLICATION FEES 1. Planning and Zoning Fee Schedule: At the time of filing an application, the appropriate fee must be paid. The amount of the fee is based on the below schedule (calculation of the fee is cumulative for each line item): a. Base application fee for any type of application (double base fee if the application is the result of a violation). Supervisory Variance (any type of use) $ 55.00 Single family and duplex (Administrative and Regulatory Variance) $ 150.00 Multiple Family (Administrative and Regulatory Variance) $ 315.00 Commercial and Hotel (Administrative and Regulatory Variance) $ 500.00 Site Plan Review Administrative $ 160.00 Village Council $ 320.00 Appeal of an Administrative Decision $ 1,000.00 Amendment to the Zoning and Land Development Regulations $ 1,000.00 Change of Zoning District $ 1,000.00 Comprehensive Plan, Amendment $ 2,500.00 Comprehensive Plan, Change of Land Use $ 2,500.00 b. Advertising fee if notice in a newspaper 1. published in the Village $ 300.00 2. published in a newspaper that meets the requirements of Chapter 163 of Florida Statutes $ 4,500.00 26 c. Mailing fee: d. Size of property $ .50 per mailing address. $ 100.90 per 10 acres or any fraction thereof e. Number of hotel or apartment units $ 55.00 per 15 units or any fraction thereof f. Size of buildings - non residential only $ 55.00 per 5,000 sq. ft. or any fraction thereof 2. APPEALS OF VILLAGE COUNCIL DECISIONS For every application for an appeal of a decision by the village Council, there shall be paid to the Building, Zoning and Planning Department, for the processing for 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 For the purpose of court appeals, herein the Director for the Building, Zoning and Planning Department is requested to make available the record upon which the decision of the Council is based, there shall be paid to the Building and Zoning Department, for the preparation of a certified copy for the record, a fee of two hundred and sixty five dollars ($265.00) to be paid at the time of request J. COST OF PUBLICATIONS 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, 27 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 or CD disc: Plan Reproduction from microfilm or disc -per sheet 5.00 Reproduced Records - per page .15 Double sided copies - per page .20 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). 28 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 part year renewal fees. L. 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). M. 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). 29 N. PERMIT SYSTEM FEES For every building permit (building, electrical, public works, plumbing, mechanical, signs and zoning) a fee of six dollars ($6.00) shall be assessed. These fees shall be used to purchase and maintain the building permit system including software and upgrades. 30