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HomeMy Public PortalAbout2003 AllORDINANCE NO. 2003-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING CHAPTER 22 "PUBLIC PLACES", INCLUDING ARTICLE I "RESTRICTIONS ON ACTIVITIES", CONSISTING OF SECTION 22-1 "WEST MASHTA ROAD BRIDGE", REGULATING FISHING ACTIVITIES AT AND THE USE OF THE VILLAGE'S WEST MASHTA ROAD BRIDGE AND PROVIDING PERMIT PROGRAM FOR SUCH PURPOSES;. PROVIDING FOR SEVERABILITY;, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residents in the vicinity of the Village's West Mashta Road Bridge (the "Bridge") have reported problems of noise, traffic and unsanitary conditions created by the use of the Bridge for saltwater fishing activities; and WHEREAS, the Village is the owner of the Bridge; and WHEREAS, after investigation of the problem, the Village Manager has recommended that the Village Council adopt this Ordinance in order to remedy the problem; and WHEREAS, the Village Council finds that it is necessary to adopt the regulations, prohibitions and restrictions provided for in this Ordinance in order to remediate problems related to saltwater fishing activities at the Bridge; and WHEREAS, the Village Council further finds that the objectives of this Ordinance include mitigation of noise, traffic, congestion and pollution related to the salt water fishing activities at the Bridge; and further finds that the size and space limitations of the Bridge, in terms of the Bridge's limited ability to accommodate fishing activities while serving its primary transportation purpose, support the establishment of the Bridge use permit program, provided herein and of the restrictions and prohibitions set forth herein; and 11 1 WHEREAS, the Village Council finds that the provisions of this Ordinance are necessary for the purpose of protecting the public health, safety and welfare, as authorized by Section 370:102, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. ` That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne, Florida is hereby amended by creating Chapter 22 "Public Places", including Article I "Restrictions on Activities" consisting of Section 22-1 "West Mashta Road Bridge", to read as follows: Chapter 22 Public Places Article I — Restrictions on Activities. Section 22-1 West Mashta Road Bridge (a) Definitions: (i) The t erm "Bridge" as used herein means the West Mashta Road Bridge owned by the Village of Key Biscayne. (ii) The term "Bridge Use Permit" as used herein means a permit issued by the Village pursuant to this section. (iii) The term "Saltwater Fishing Activities" or "Fishing Activities" as used herein means those fishing activities which the Village is authorized to regulate or prohibit pursuant to Section 370.102, Florida Statutes. (iv) The term "Village Representative" as used herein means a Bridge attendant, Village police officer, Village code enforcement officer or designee of the Village Manager. 2 (b) Use; Prohibitions: (i) The Bridge may be utilized for the direct passage of vehicles and pedestrians, in accordance with the law. (ii) No person shall engage in or participate in Saltwater Fishing Activities at the Bridge, unless such person has in their possession a current and valid Bridge Use Permit issued by the Village to such person or is a guest of a. Village resident who has in such Village resident's possession such Bridge Use Permit. (iii) No person shall occupy the Bridge under circumstances in which such occupancy would exceed the occupancy limits established in subparagraph (d) below. (iv) Any person who is violating any ofthe restrictions of this Section may be advised by a Village Representative to immediately comply with such restriction or to leave the Bridge and shall be warned that the failure of such person to comply or to leave the Bridge shall constitute trespass on Village property as proscribed by Section 810.08 and/or 810.09, Florida Statutes. Upon such non -complying person's willful failure to leave the Bridge, he or she shall be subject to enforcement of the provisions of the above cited Florida Statutes prohibiting trespass after warning. (v) In the event that any person is cited by a Village code enforcement officer or p olice o fficer for a violation o fthe restrictions o f this Section, upon two or more occasions within any one year period of time, the Village Manager or her designee may bar such person from any further use of the Bridge, except for simply passing over such Bridge without engaging in any Fishing Activities or other activities thereon, for a period of up to one year, by providing written notice thereof by Certified Mail, Return Receipt Requested, addressed to such person at such person's last known address or at an address previously furnished by such person to the Village or to a Village Representative or by written notice personally served upon such person by hand delivery. After such notice, if such person shall willfully enter upon or remain at the Bridge, (other than simply passing over such Bridge without engaging in any Fishing Activities or other activities thereon), he or she shall be subject to the enforcement of the provisions of Section 810.08 and/or 810.09, Florida Statutes, prohibiting trespass after warning. (c) (vi) No person who has received a written notice from the Village Manager or her designee in accordance with paragraph (b) (v) above, shall there -after enter upon or remain at the Bridge (other than simply passing over such Bridge without engaging in any Fishing Activities or other activities thereon) during the period for which such person has been barredfromthe Bridge. Bridge Use Permits: Bridge Use Permits (the "Permit") shall be issued and administered in'accordance with the requirements of subparagraph (i) through (viii) as fellows, (i) Permits shall be issued by the Village upon application and payment of fees, in two classifications, to wit: 1. For residents of the Village; 2. For non-residents of the Village. The fee for residents shall be $10.00 per calendar year, and the fee for non-residents shall be $50.00 per calendar year. Permits shall be subject to annual renewal. P r1iiits shall be applied for and issued at the Village Hall licensing and permit office during regular hours of the Village. Additionally, the Village Manager may provide for Permit application and issuance at the Police Dispatcher's Office of the Department otPub1ix Safetyat designated hours or weekends and holidays. (ii) The application for a Permit shall be on a form as required by the Village. One' master Permit may be issued for each resident household and for each non-resident household. Subsidiary Permits may be issued at no additional fee to individual members of each such household having a master Permit. ' Replacement Permits may be issued upon proof that the prior Permit was lost, stolen or destroyed. If the current applicant is a residential lessee of the Village, a copy of the current lease showing proof of Village residency shall be made part of the application. Residents of the Village shall provide a copy of their motor vehicle operator's license or voter's registration card and a recent electric service bill as proof of residency for the residence h ousehold. A lten attv°d farms o f i dentification m ay b e accepted by the Village.' (iii) Permits issued to'resideiits elf the Village shall also enable guests of such Village residents td "exercise the privileges of the Permit when accompanied by the Village resident. Pctwuits issued to non-residents of the Village shall not authorize use of the Bridge by guests of non - 4 0 0 residents of the Village. (iv) The Village Manager is hereby authorized to make provisions for the issuance of temporary Permits to seasonal visitors or seasonal occupants of residences in the Village. (v) It shall be unlawful for any person to represent that he or she is entitled to status as a Village resident for purposes of this section when he or she is not so entitled, or to use a Permit at any time that he or she is not so entitled. (vi) Upon provision of' ten days prior written notice by mail and an opportunity to be heard by the Village Manager or her designee, the Village Manager or her designee is authorized to revoke the master and/or subsidiary Permit of any person found to be in violation of the provisions of this section. Failure to surrender a revoked Permit within ten (10) working days of written notification from the Village Manager or her designee shall be subject to the following additional penalties: The violator shall not be allowed to reapply for a new Permit for six (6) months. 2. Once restored, if the Peiuiit holder should again have his or her Permit revoked by the Village, the Permit holder shall be barred from applying for a new Permit for a one year period. (viii) The Village Manager is authorized to suspend the issuance of new Permits once the level of Saltwater Fishing Activities at the Bridge reaches a stage at which occupancy restrictions upon the use of the Bridge for Saltwater Fishing Activities- regularly exceed the restrictions of this section. (d) Occupancy Restrictions: No more than eighteen (18) persons may utilize the Bridge for Fishing Activities at the same time. Residents of the Village, possessing a valid Permit issued pursuant to this section, shall have a preference over non-residents for use of the Bridge for Fishing Activities under circumstances in which occupancy of the Bridge exceeds occupancy restrictions provided herein. (e) Special Events Permits: In the event that a group of ten (10) or more persons desire to utilize the Bridge for Fishing Activities at the same time, the Village Manager may issue a Special Event Permit pursuant to the provisions of 5 Village Code Section 17-4 requiring the issuance of a special events permit. (1) Sanitary Restrictions: No person engaging in Fishing Activities at the Bridge shall leave or cause to be left at the Bridge any fish remains, bait, fish tackle or other relateddebris before leaving the. Bridge. (g) (h) Signage Required: The Village Manager shall provide for the installation of signage at the Bridge warning of the Permit requirement provided by this section. Exemptions: This section shall not be construed to prohibit the simple, direct passage ofvehicles or pedestrians overthe Bridge in accordance with law. Severnbility.. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause orphrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, c lauses, and p biases oft his 0 rdinance b ut t hey shall r emain i n e ffect, i t b eing t he legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In The Code. It is the intention of the Village Council that the provisions of this Ordinance shall become and made a part of the Village Code; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5: Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Section 2-31, et. seq. of the Village Code, as amended. Enforcement may also be by suit for declaratory, injunctive or 6 other appropriate relief in a court of competent jurisdiction. Section 6. Effective Date. This Ordinance shall become effective ten (10) days following adoption on second reading. PASSED AND ADOPTED on first reading this 10th day of June, 2003. PASSED AND ADOPTED on second reading this 28th day of October, 2003. MAYOR ROBERT OLDAKOWSKI AT aele CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAGE ATTORNEY F:/103.001 /Ordinances/Mashta Bridge 7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before theundersigned authority personally appeared O V. FERBEYRE, who on. oath says that he nr sha is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/Wa Miami Review; a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE - 10/28/03 ORDINANCE CREATING CHAPTER 22' PUBLIC PLACES°, ETC. in the .XXXX Court, waspublishedinsaid newspaper in the issues of 10/16/2003 Affiant further says that the said. Miami Daily Business r Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post IE. office in Miami in said Miami -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 or shehasneither paid nor promised any person, firm or corporation t any discount, rebate. com 'en or refund for the purpose of securing is advert' meat f. publication in the said neWapapey Sworn to and subscribed before me this (SEAL). O.V. FERBEYRE person s MARIA I. MESA MY COMMISSION # CC 885640 dog rrvtc mecrXPIRES; March 4, 2004 State of Florida Bonded Thru Notary Public Underwriters ORDINANCE NO. 2003-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 2003 and the Village Council' scheduled the public hearing required by Section 200.065(2)(c) of the Florida Statutes to be held on September 9, 2003 at 7:00 p.m.; and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 9, 2003, at 7:00 pa, in the Council Chamber, located at 560 Crandon Boulevard, 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, 2003, commencing at 7:00 p.m. as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Village Council, and the Village Council having had an opportunity to amend the tentative budget as it deemed appropriate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIM" requirements of the Florida Statutes; and WHEREAS, pursuant to Section 200.065(2)(d) of the Florida Statutes, a final public hearing to adopt the budgets for the fiscal year commencing on October 1, 2003, through September 30, 2004, was held, as advertised, on Tuesday, September 23, 2003, at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida and the Council considered comments from the public. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA: Section 1. Upon prior adoption of the final millage rate, which is hereby ratified, the attached budgets of the Village of Key Biscayne for the fiscal year commencing October 1, 2003, are hereby approved and adopted. Section 2. This ordinance. shall be effective upon adoption on second reading. PASSED AND ADOPTED on the first reading this 9th day of September, 2003. PASSED AND ADOPTED on the second reading this 23rd day ofSeptember, 2003. CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGEATTORNEY -2- MAYOR RO$ERT, OLDAKOWSKI MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal: Noticesofthe Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attachedcopy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF. KEY BISCAYNE ORD. ADOPTING BUDGETS FOR THE FISCAL YEAR, ETC. in the XXXX Court, was published in said newspaper in the issues of 09/02/2003.09/12/2003 ife—"\ Affiarit further says that the said Miami Daily Business �. Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has. heretofore been continuously publishedin said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiantfurther says that he or shehas neither paid nor promised any person, firm or corporation any discount, re.: 'e, com ' or refund for the purpose of securing th''- adve ice., ent fo publication in the said newspaper Sworn to 1 (SEAL) O.V. FERBEYRE personally known to me 'd subsc '. -d before me ' is S. :.BER , OFFICIAL NOTARY SEAL JANETT LLERENA NOTARY PUBLIC srAIi .'„s. r' ORIDA COMMISSION NO =58 MY COMMISSION E%P: Y' n b ,,2104 ORDINANCE NO. 2003-8 AN ORDINANCE O F T HE VILLAGE COUNCIL O F T HE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FILING OF A CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC CABLE TELEVISION RATES AND ADOPTING ADMINISTRATIVE REGULATIONS CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S REGULATIONS FOR SUCH RATE REGULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8AA, Article I of the Miami -Dade County Code ("County Cable Ordinance") and the Board of County Commissioners of Miami -Dade County, Florida ("County"), and Florida law authorizes the Village of Key Biscayne ("Village") to grant licenses to construct and to operate a cable system to provide cable service within the Village and thus the Village is a local franchising authority under federal law; and WHEREAS, Adelphia Cable Communications ("Adelphia") is currently occupying the Village's public rights -of -way and operating a cable television system pursuant licenses granted by the Village and by the County, and WHEREAS, it is the intent of the Village to exercise its authority as a local franchising authority to the fullest extent allowed by federal law, the Federal Communications Commission ("Commission"), and Florida law; and WHEREAS, although federal and state law and the Village's code allow cable competition, the Village is serviced by only one licensed cable provider, Adelphia, and therefore, the Village strives to assure that its residents are given the opportunity to receive high quality services at reasonable rates; and WHEREAS, the Commission's regulation, 47 C. F.R. §76.910, provides the framework for cable television rate regulation; and WHEREAS, pursuant to 47 C.F.R. §76.910(a), a franchising authority must be certified by the Commission to regulate the basic service tier and associated equipment of a cable system within its jurisdiction; and WHEREAS, pursuant to 47 C.F.R. § 76.910(b), to be certified, the franchising authority must file with the Commission a Certification providing that: 1) The franchise authority will adopt and administer regulations with respect to the rates for basic service tier that are consistent with the regulations prescribed by the Commission for regulation of the basic service tier; and 2) The franchise authority has the legal authority to adopt and the personnel to administer !T such regulations; and 3) Procedural laws and regulations applicable to rate regulation proceedings by such authority provide a reasonable opportunity for consideration of the views of interested parties; and 4) The cable system in question is not subject to effective competition; and WHEREAS, pursuant to County Cable Ordinance, Section 8AA-61.01, the Village has the legal authority to regulate basic service tier rates; and WHEREAS, Adelphia filed a Petition with the Commission to obtain a declaration that it is subject to effective competition and therefore, no longer subject to the Commission's rate regulations, which the Village has opposed; and WHEREAS, the Village Attorney filed the Certification described above with the Commission on May 2, 2003, and served this on Adelphia on the same day, and 2 WHEREAS, for the Certification to remain effective, the Village must adopt regulations within 120 days of the filing of the Certification that are (1) consistent with the Commission's rate regulations, and (ii) provide a reasonable opportunity for consideration of the views of interested parties; and WHEREAS, the Village Council finds that it would be in the public interest to regulate the basic service tier and associated equipment of a cable system within its jurisdiction and to delegate such authority to the Village Manager. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Certification Authorized. That the Village Council authorizes the Village Attorney, retroactive to May 2, 2003, to file the Certification with the Commission for the authority for the Village to regulate basic cable television rates. Section 2. That the Village hereby adopts Administrative Regulations for setting the rates for the basic service tier, attached hereto as Exhibit "A", that are consistent with the Commission's regulations for regulation of the basic service tier, and the Village will administer such Administrative Regulations accordingly. Section 3. That the Village Attorney is directed to notify Adelphia that the Village has adopted the aforementioned Administrative Regulations. Section 4. Authority. That the Village Manager and Village Attorney are authorized to take any and all action necessary to implement this Ordinance. Section 5. Inclusion In The Code. That it is the intention of the Village Council that the provisions of this Ordinance shall becomeand made a part of the Village Code; that the sections 3 of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this 26th day of August, 2003. PASSED AND ADOPTED on second reading this 9th day of September, 2003. zip c t2, MAYOR ROBERT OLDAKOWSKI AT as#67 CON 1 TA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TI CORM AND LEGAL SUFFICIE VILLAGE F:\100\103041\Ordinanc=:.te Regulation 8-20-03 EXHIBIT "A" ADMINISTRATIVE REGULATIONS OF THE VILLAGE OF KEY BISCAYNE FOR REGULATION OF BASIC CABLE SERVICE AND EQUIPMENT RATES In accordance with the Federal Communications Commission ("FCC") rules for rate regulation as established herein, these Administrative Regulations of the Village of Key Biscayne for Regulation ofBasic Cable Service and Equipment Rates ("Administrative Regulations") establish the original local rules for rate regulation. These Administrative Regulations clarify steps necessary for all parties to comply with new FCC rules and applicable local rules and establish timelines for administrative review and necessary action regarding the regulation of rates. The Administrative Regulations set forth below are intended to be consistent with FCC regulations and applicable local law governing the regulation of basic cable service and equipment rates. The Village is aware that the FCC is currently re-examining its rate rules, however, these procedures will be interpreted so that they are consistent with FCC regulations, and applicable local regulations, as if those regulations were set out here in full. A licensee is prohibited from engaging in any activity that is prohibited under FCC rules, as if those rules were set out here in full. If any parts of these Administrative Regulations are pre-empted because of changes in FCC rules, changes will be incorporated herein, and other provisions will remain in force. The Village may also amend the Administrative Regulations as appropriate to clarify the rules for regulating rates. SECTION 1. GENERAL RULES FOR RATE REGULATIONS 1. Once basic rate regulation has begun, a licensee must initially justify its existing rates and thereafter justify any increases or new rates for basic service and equipment in accordance with FCC rules. (a) Subject to FCC rules governing burden of proof, it is the licensee's responsibility to show that its rates are reasonable. (b) A licensee must justify rates for basic service and equipment for all classes of customers. (c) Except as FCC rules may otherwise provide, once a licensee has been notified by the Village that its rates are subject to regulation, it may not increase rates for basic service or equipment without the prior approval of the Village except," s pt'ovr44ed b z.Fe fi Ie regulations. This requirement applies in all cases, including announced increases rates that. were not implemented before rate regulation began. 2. Rate filings proposing and supporting r ate increases must b e filed with the Village a s specified in 47 C.F.R. §76.933. This requirement does not eliminate or alter any other local requirement for notices. 5 3. The licensee is required to notify the Village in writing of intended rate changes at least sixty (60) days prior to the date the change is proposed to become effective. This notice is separate and different from a formal rate filing, and is not limited to regulated services. 4. If a licensee is required to produce information it believes is proprietary, it may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality may be granted if the Village Manager determines that the preponderance of the evidence shows that non -disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552, and Florida law. 5. The Village Manager is authorized to take all actions consistent with these Administrative Regulations. SECTION 2. SUBMISSION OF RATES FILINGS 1. A rate filing shall be considered filed for review on the date the rate filing and all required copies (including all supporting materials) are received by the Village and Village Manager. (a) Three copies of the rate filing must be submitted to the Village Manager. (b) One copy of the rate filing must be submitted to the Village. (c) If a licensee claims that any material in the filing is proprietary, that material must be stamped "proprietary", and separated from other material in each of the four copies of the filing. Each page of the proprietary information must contain a page number and any other description needed to show where it belongs within the public portion of the filing. The public portion of the filing must show each place where proprietary information was omitted. (d) In addition, a fifth complete copy that does not omit the proprietary information must be submitted to the Village Manager if the operator claims its filing contains proprietary information. This copy must be clearly marked on the first page "Contains Proprietary Information". 2. Except as inconsistent with FCC Rules, every filing must include the following components. (a) A cover letter stating whether the filing justifies existing rates or proposes an increase in rates. The letter must identify any proposed rate that is based, in whole or in part, upon cost of service, inflation adjustment, or alleged increase in external costs. The cover letter should also contain a brief narrative description of any proposed changes in rates or in services. (b) Copies of all applicable FCC forms, which must be correctly completed. 6 (c) The pages of each rate filing must be sequentially numbered. (d) If different rates are proposed for basic service for different classes of subscribers, the filings must show that the classifications and the differences in rates charged are reasonable and consistent with federal law. Changes in bulk rates must also be reported. SECTION 3. INITIAL VILLAGE MANAGER REVIEW AND PUBLIC COMMENT 1. Public comment by interested parties is allowed and encouraged. After receiving a rate filing, the Village Manager may issue an appropriate notice stating that the filing is available for public review and written comment by interested parties and giving deadlines for the submission of those comments. The Village Manager may also accept any informal letters and telephoned comments or complaints from licensee's subscribers as public comment. 2. Based on written comments, subscriber comments, the licensee's filings and responses, and applicable federal rules or benchmarks, the Village Manager may issue a preliminary written administrative order regarding the rate filing. 3. The administrative order shall describe the reasons for the Village Manager's decision and actions as required under FCC rules, with recommendations for: (a) approval of the rate; or (b) prescribing a different rate; or (c) tolling the proposed rates in whole or in part; or (d) an additional period of time for review and action on the filing; or (e) any combination thereof as appropriate under FCC rules. 4. The Village Manager's preliminary decision will be submitted in time for the Village Clerk to place it on the agenda and for the Village to take formal action as specified in 47 C.F.R §76.922. SECTION 4. VILLAGE COUNCIL REVIEW AND ACTION 1. After review of the supplementary information, public comments, and Village Manager's recommendations, t he V illage C ouncil s hall r ender a w ritten o rder, c onsistent w ith 4 7 C .F.R. §76.933, which may be in any lawful form: (a) approving the proposed rates in whole or in part: (b) denying the rate in whole or in part; (c) approving a rate different from the one proposed by the licensee; (d) allowing the rates to go into effect, subject to further review; (e) any combination thereof; 2. The Village's written orders will be issued within time limits established by the FCC rules. 7 SECTION 5. LICENSEE'S DUTIES 1. A licensee must implement remedial requirements within thirty (30) days of the date an order issues mandating a remedy. 2. Within ninety (90) days of the date an order mandating a remedy is issued, a licensee must file a certification, signed by an authorized representative of the cable company stating whether the licensee has complied fully with all provisions of the relevant order. 3. It is each licensee's responsibility to keep books and records of account. 4. It is each licensee's duty to submit as complete a filing as possible. 5. A licensee must respond to requests for information within deadlines established by the Village Manager. 6. Because federal law limits the time available for an initial response to a rate filing by a licensee, a licensee must be prepared to respond promptly and within no more than fourteen (14) days to information requests made by the Village Manager. SECTION 6. PROVISIONS GENERALLY APPLICABLE TO RATE ORDERS 1. Every rate order shall be made available to the public and the licensee. To the extent required by FCC rules, orders must be in writing and explain the bases for a decision. In addition to the rate order's publication in the Village as part of the Village agenda, the Village Manager mayl also publish a notice (in compliance with 47 C.F.R §76.936(b)) stating that the order has been issued and is available for review. 2. The Village Manager or Village Council may take any action permitted under applicable law, including but not limited to setting rates and ordering refunds. 3. To the extent required by FCC rules, any order prescribing a rate (i.e. setting a rate different from the one proposed) must explain why the licensee's proposed rate was unreasonable and why the prescribed rate is reasonable. 4. Before such a rate is prescribed or a refund to subscribers ordered, a licensee shall be given notice and opportunity to comment on the prescribed rate as described above. 8 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, whoon oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Flcr ta; that the o= advertisamwt. being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING 9/9/03 - ORDINANCE. CERTIFICATION WITH THE FEDERAL COMMUNICATIONS ETC. in the XXXX Court, was published in said newspaper in the issues of Affiant further says that the said Miami Daily Business. Review is a newspaper published at Miami in. said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 or she has neither paid nor promised any person, firm or corporation any discount; r:.-te, commis 'on or refund for the purpose of securing t adve entf. publication in the said newspape (SEAL) O.V. FERBEYRE pers ORDINANCE NO. 2003-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY CREATING A NEW ARTICLE VIII "COMMUNITY CENTER ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDINGFOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to create a Community Center Advisory Board to provide recommendations to the Council regarding the Village's new Community Center; and WHEREAS, the Community Center Committee recommended the creation of an advisory board; and WHEREAS, the Village Council finds that the creation of a Community Center Advisory Board is in the best interest of the Village and its residents. BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Creation of Board. Article VIII "Community Center Advisory Board" of Chapter II "Administration" of the Village Code is hereby created, to read as follows: Article VIII. Community Center Advisory Board. Sec. 2-150. Creation, composition, and qualifications. (a) There is hereby created and established the Village of Key Biscayne Community Center Advisory Board (the 'Board"). The Board shall be composed of seven (7) members appointed by the Mayor, with the approval of the Council, as provided by the Charter, at section 2.02. Board members shall serve at the pleasure of the Council. Except for the Ilf initial Board, each member shall be appointed to a term of two (2) years. For the initial Board, four (4) members shall be appointed for a term of two (2) years and three (3) members shall be appointed for a term of one (I) year. Members of the Board shallserve without compensation and shall not bereimbursecl for travel, mileage, or per diem expenses. (b) Each member ofthe Board shall be a full time resident ofthe Village who has continuoislyresided within the Village for the twelve-month period immediately prior to the appointment, and shall not be an employee of the Village_ Any member who ceases to reside within the Village Limits during his, other Perin of"offrcc hallbe deemedlto;haveresigned?as of the date of his or her change of residence from talc, Village.Inthe event of the resignation or'removal of any ;Member calk- Hoard, °the layor shall appoint a person to fill the vacancy on; the Board for the Unexpired portion of ythe tennt of tip rnentber vacat ng: u office; subject to approval of the Village Coun . k appointing menxi crs:of the Board, the following membership slualrfatn guidelines shall be considered: (1) demonstrated interest ;in Connnuni recreation; (2) demonstrated experience in one ornore of the following areas: youth athletics, cultural programs and facilities, financial management, marketing, grants, senior services, and programming for youths and teens; evidence of a commitment to serve and act in the best interests of the citizens ofthe Village.:. (c) In the event that a member of the Board shall be absent from a duly- called meeting of the Board for three consecutive meetings or in the event that a member has three unexcused absences in a calendar year, then such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining; members of the Board.. (d) One member of the Village Council, appointed by the Mayor (subject to Council approval), the Village Manager or her designee and the Mayor of the Youth Council shall serve as ex -officio non -voting members of the Board. (3) Sec. 2-151. Termof office. Except for the initial Board, members shall be appointed for a term of two years. No Board member shall serve more than four (4) consecutive terms on the Board. Nothing shall prohibit an individual from being reappointed to the Board after a hiatus of two years. Sec. 2-152. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the Village Council and Village Manager. Sec. 2-153. Rules of procedure. (a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the Village and the laws of the State of Florida and shall utilize Robert's Rules of Order for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the firstmeeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice -Chairman. (c) •Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board. Sec. 2-154. Jurisdiction. (a) The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation to the Village Manager and Village Council. The following matters shall be within the advisory jurisdiction of the Board: (1) Provide a forum for Village residents to discuss how the Community Center can best meet the needs and desires of Village residents. (2) Provide recommendations regarding specific programs for children and adults at the Community Center. (3) Provide recommendations for cultural programs at the Community Center. (4) Provide recommendations for equipment at the Community Center. (5) Provide recommendations for sources for funding such as fees, grants and corporate sponsors. (6) Provide recommendations for marketing. 3 (7) Provide recommendations for expanding the Board's jurisdiction. (8) Provide recommendations for financial performance. (9) Any other matters assigned by the Village Council or Village Manager. (b) The Board s hall not have jurisdiction of any matters in the absence of an express assignment by the Village,Council or. Village: Manager. (c) The Board shall not have jurisdiction over orrelated to any matter concerning Village employees or any other Village -owned oroperated facility. Sec. 2-155. Standards of conduct for mernbersw All members of the Board shall besubject to the Standards of Conduct for Public Officers+,and Employees set by federa1,4 state, county or other applicable law. Section 3. Severability. Should any section o r p rovision o f this ordinance, o r any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder as a whole or part thereof, other than the part declared invalid. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This ordinance shall become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this 24th day of June , 2003. 0 0 4 PASSED AND ADOPTED on second reading this 26th day of August , 2003. t iouitet MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTORNEY F:/103001\Ordinances/Creating Community Center Advisory Board.doc 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared ON. FERBEYRE, who on oath says that he orsheis the SUPERVISOR, Legal Noticesorthe Miarni Daty Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCES - 8/26/03 ORD. AMENDING CHAPTER 2 "ADMINISTRATION", ETC. in the XXXX Court, was published in said newspaper in the issues of 08/14/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, '.. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post '. ' office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertiserrment;. and affiant further says that he or she has neither paid nor promised any person, firm or corporation. any discount, re..te, commission or refund for the purpose of securing th': adverti ent •r publication in the said newspaper Sworn to and subscribed before me this 14 day of AUGUST , A.D. 2003 (SEAL) O.V. FERBEYRE c SY FICALNOTARYSEAL t P(/4 OFCHr�€pRYL WARIERFt's 5.961 NiSSONNUMBER D CC931156 4. MY COMMISSION EXPIRES OF ROp� APR 24,2004 ORDINANCE NO. 2003-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE, AMENDING CHAPTER 2 "ADMINIS (RATION" AT ARTICLE I "IN GENERAL", BY AMENDING PARAGRAPH (a) "CREATED" OF SECTION 2 -1 " CREATION O F D EPARTMENTS", B Y REVISING THE DESCRIPTION OF THE "EMERGENCY SERVICES DEPARTMENT TO BE THE "PUBLIC SAFETY DEPARTMENT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager has recommended that the Emergency Services Department be reorganized and that the designation of the Emergency Services Department be revised to be the Public Safety Department; and WHEREAS, the Village Council desires to implement the Village Manager's recommendation as described above,as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. Recitals. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. T hat P aragraph (a),"C reated" o f S ection 2 -1 "Creation of Departments" of Article I "In General" of Chapter 2 "Administration" of the, Village Code of the Village of Key Biscayne, Florida is hereby amended to read as follows: '/ Proposed amendments to existing Village Code text are indicated by the underline; proposed deletions from existing Village Code text are indicated by si.ik 11.uush. Sec. 2-1. Creation of Departments. (a) Created. The following departments within the Village of Key Biscayne are hereby created: (1) Building, Zoning and Planning Department; (2) Finance anotAclministrative Services Department; (3X ,Recreat Department; (4) Enicrs.,acy SUl V i Vs -Dept Public Safety Departmer and (5) Public Works Department Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shalt not affect the validity of the remaining sections, sentences, c lauses, and p hrases o f t his 0 rdinance but t hey s hall r main i n effect, i t b eing the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In The Code. That it is the intention of the Village Council that the provisions of this Ordinance shall become and made apart of the Village Code; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section".or other appropriate word. Section 5. Effective Date. That this Ordinance shall become effective upon adoption on second reading. 2 0 PASSED AND ADOPTED on first reading this 24th day of June , 2003. PASSED AND ADOPTED on second reading this 26th day of August , 2003. 8 MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC r VILLAGE ATTORNEY F:/103.001/Ordinances/Public Safety Ordinance 6.10.03 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami -Daily Business Review Vida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of, VILLAGE OF KEY BISCAYNE - ORDINANCES - 8/26/03 ORD. AMENDING CHAPTER 2 "ADMINISTRATION", ETC. in the XXXX Court, was published in said newspaper in the issues of 08/14/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 or she has neither paid norpromised any person, firm or corporation any discount, re.. te, commission or refund for the purpose of securing t advert' ent .r publication in the. said Pew.spepa,r Swam to and subscribed before me this 14 day of AUGUST , A.D. 2003 (SEAL) O.V. FERBEYRE -�OcARV Pud�i CHERYL 1.4 ARMER r s- +1in [SSICN NUMBER .. CC931156 9��c � 4O INCOMM /SION EXPIRES OF F -O APR. 24,2004 ORDINANCE NO. 2003-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 23 "RETIREMENT" OF THE VILLAGE CODE BY AMENDING SECTION 23-32 "MEMBERSHIP," TO PROVIDE FOR AN IRREVOCABLE OPTION FOR ANY POLICE OI•FICER ORFIREFIGHTERIN FULL-TIME EMPLOYMENT WITH THE VILLAGE AT THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE, WHO FAILED TO ELECT TO BECOME A MEMBER OF THE VILLAGE'S POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN, AS REQUIRED BY SECTION 23-32 OF THE VILLAGECODE, TO ELECT TO BECOME AMEMBER OF THE RETIREMENT PLAN, WITHIN SIXTY (60) DAYS OF THE EFFECTIVE. DATE OF THIS ORDINANCE, AND SUCH MEMBERSHIP SHALL BECOME EFFECTIVE ONLY UPON SUCH, ELECTION, COMPLETION OF THE FORM PRESCRIBED BY THE BOARD PURSUANT TO SECTION 23- 32 (b) AND THE COMPLETION OF A PENSION BOARD PHYSICAL EXAMINATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to provide for a one time irrevocable option for any police officer or firefighter in full-time employment with the Village at the time of the effective date of this ordinance, who failed to elect to become a member of the Village's Police Officers and Firefighters Retirement Plan (the "Plan") as required by section 23-32 of the Village Code, to elect to become a member of the Plan;_ and WHEREAS, such election must be exercised within sixty (60) days of the effective date of this ordinance, and such membership shall become effective only upon such election, completion of the form prescribed by the Board pursuant to section 23-32 (b) and the completion of'a pension board physical examination. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the recitalstated above is hereby adopted and confirmed. Section 2. Village Code Amended. That Chapter 23 "Retirement of the Village Code is hereby amended by amending Section 23-32 "Membership" to read as'foliows 1. Section 23-32.+.Merirbersh p.: s'at ' } r (a) Coliditzons of eligththt the Vtrl"ag o't�atBIe �tb -Mbar' employment with on' October 1�, 11997 shall Have the dpiion ofmaking an lection t&6Iteco re a l n l er+of` 4Sysfern. each such zlects'not' xeco ne?Membenshalltoreve"r be Batted from Iemberl Provix .howv�ve an noh eo€#ieeroi-firefighfen in}tloyhlx§of h:kw ge at thetirtie ri t ff�eetive:date ice.. ho alledtill,elelcttobeeonieaI bef fftheP1an.i i h e. a riefin iirev` fioption to odtiohtmus be ercrsedw liin,Tim h's ord na ke. S chiudinl rs ip shall li iec iim2 t i sletla >" t. the form nsr rai l (t3 k fTitstsee and the hbsioal xatni, iS.er'iI Dr/onto" i e vent. no. Such Section 3. Severabi7ity. Thatthe provisions of this Ordinance are declared tobe'severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be'held •to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and p hrases oft his O rdinance b ut they s hall remain i n effect i t b eing the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 1/ Additions to existing text are indicated by underline. 103001\ordinanceMmending Section 23-32 Membership Eligibility 2 Section 4. Inclusion in the Code.It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 22nd day of April , 2003. PASSED AND ADOPTED on second reading this 13th day of May , 2003. at, CON IITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENC VILLAGE A TO 103001 \ordinances\Amending Section 23-32 Membership Eligibility 3 e/tatectiAL.2_ MAYOR ROBERT OLDAKOWSKI MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared ON. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review fik/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE -ORDINANCES - 5/13/03 ORD. CONCERNING THE ACQUISITION OF FIRE TRUCKS, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/01/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretoforebeen continuously published in said Miami -Dade County, Florida, each day {except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 or she has neither paid nor promised any person, firm or corporation. any discount, rebate, coin r :•n or refund for the purpose of securing s adv- '.: -ment f. publication in the said newspap Swom to and subscribed before m this 01 day of MAY (SEAL) O.V. FERBEYRE pers A.D. 2003 Y P CFRCULNOTARYSEAL 0�1� u6�� CHERYL IfMARMER __45"1 l . * ma_uu MASSION NUMBER,. CC931158 9f Af!cQMtA SKJNEXPIRES FOF FLOO\O� APR: g4,2004 ORDINANCE NO. 2003-4 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR THE VILLAGE FIRE RESCUE DEPARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE FIGHTING EQUIPMENT, TO -WIT: ONE (1) NEW PIERCE SKYBOOM AND ONE (1) NEW PIERCE PUMPER; AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING AND APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council, as the governing body of the Village of Key Biscayne (the "Village"), desires to obtain certain fire fighting equipment (the "Equipment") for the Village Fire Rescue Department as described in Equipment Schedule No. 01, to the Master Lease Agreement (collectively, the "Lease") with Leasing 2, Inc., the form of which Lease has been available for by the Village Council prior to this meeting; and WHEREAS, the Equipment is essential for the Village to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited into an Escrow Account pursuant to the Lease and will be applied to the acquisition of the Equipment in accordance th the Lease; and WHEREAS, based upon the calculations of the Finance Department, the Village Council finds that this transaction complies with the debt limit provisions of Section 4.1 0(b)(i) of the Village Charter and WHEREAS, t he V illage h as t aken the necessary s teps, including those r elating t o any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, the Village proposes to enter into the Lease with Leasing 2, Inc., substantially in the form presented at this meeting; and WHEREASi the Village Council'I ereby finds and determines that the terms ofthe Lease and related instruments (colt ctively, the "F nancinwDocuments") in substtantiaily the form presented at this meeting and i corporated in tint =ResoThti ii die in the bat'iiiteiests of the Village for the acquisition ofthe NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1, Recitals Adopted. T hat t he r ecitals stated abovearehereby adoptedand Section 2. Capital Project Authorizing Ordinance. That pursuant to Village Charter Sec. 3.07(b) and Sec. 4.03(9), this Ordinance shall constitute a Capital Project. Authorizing Ordinance. The Capital Project is the purchase of fire fighting equipment, to -wit: one (1) New Pierce Skyboom and one (1) New Pierce Pumper (the "Equipment") for the Village of Key Biscayne Fire Rescue Department, at a projected cost of Eight Hundred Sixty One Thousand, Seven Hundred Forty -Four ($861,744.00) Dollars. However, the portion of the Equipment cost which shall be financed is Six Hundred Ninety -One Thousand, Seven Hundred Forty -Four ($691,744.00) Dollars, plus fixed annual financing costs of a range of not less than 3% and not more than 5% for the six (6) year (73 1/2 month) term ofthe lease - purchase transaction, as payable in seven (7) annual installment payments. 2 Section 3. Equipment Purchase Authorized A. That the purchase of the Equipment ishereby authorized. The Equipment is father described in the Master Lease Agreement and Equipment Schedule No. 01 (collectively the "Lease") between the Village and Leasing 2, Inc., a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein. The Equipment shall be utilized by the Village Fire Rescue Department to provide fire fighting and rescue services for the Village. B. That the Village Council hereby approves the Lease, and authorizes the Village Manager to execute the Lease, once approved by the Village Attorney for legal sufficiency, for the acquisition of the Equipment for a cost which is consistent with this Ordinance and the Lease. That the Village Manager is authorized to take all action necessary to implement this Ordinance and the Lease, and is authorized to expend Village funds for the purchase of the Equipment pursuant to the Lease and in accordance with Village budget appropriations. D. That the Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Village Manager and any other officer of the Village who shall have power to execute contracts on behalf of the Village be, and each of them hereby is authorized to execute, aclmowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the Village Attorney such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Village Clerk of the Village is authorized to affix the official seal of the Village to the Financing Documents and attest the same. E. That the proper officers of the Village, be and each of them herebyis, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do, or cause to be done any and all other acts and things necessaryor proper 3 for carrying out this Resolution and the Financing Documents. F. That the closing of this transaction and the effective date of the Lease shall be as of October 1, 2003, provided that this may be revised to an earlier date, so long as the debt limit provisions of Village Charter Section 4,10(b)(i) are complied with as determined by the Village Manager after consultation with the Finance Director and Village Attorney.: G. That pursuant to Section 265(b) of the Internal Revenue Code. of 1986, as amended (the "Code"), Village hereby specifically designstes the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. Section 4. Notice of Ordinance Adoption. That pursuant to Village Charter Sec. 4.03(9), following the passage of this Ordinance on first reading, the Village Clerk shall provide notice of the date and time of the second reading ("Second Reading Notice"). The Second Reading Notice shall include a briefdescription of the Equipment and its cost and shall be published in addition to and contemporaneously with notices regularly published for second readings of ordinances, The published notice shall be in substantially the form attached hereto as Exhibit "B." Further, the Village Clerk shall provide for each Village elector to be sent a Second Reading Notice by postcard. The postcard notice shall be in substantially the form attached hereto as Exhibit "C." Any action taken by the Council on this Ordinance shall not be voided by the failure of an individual Village elector to receive a Second Reading Notice postcard. Section 5. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional,- such decision shall not affect the validity of the remaining sections, sentences, clauses, and phraseso f this Ordinance but t hey s hall remain in effect, i t being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 4 0 0 0 h[ Section 6. Effective Date. That this Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 22nd day of April, 2003. PASSED AND ADOPTED on second reading this 13th day of May, 2003. 4 dve CHITAH. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FIRM AND LEGAL SUFFICIE VILLAGE ATTSRNE 103001 \ordinances\acquisition of fireuucks 5 OR, AciettLivtL, MAYOR ROBERT OLDAKOWSKI EXHIBIT "A" MASTER LEASE AND EQUIPMENT SCHEDULE NO. 01 6 "B" PUBLIC PUBLIC NOTICE Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is hereby provided that on Tuesday, May 13, 2003 at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Blvd., Key Biscayne, FL, a public hearing on the second and final reading of an ordinance concerning the Fire Truck equipment acquisition capital project shall be heard by the Village Council, as follows: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE ACQUISITION OF FIRE TRUCKS FOR THE VILLAGE FIRE RESCUE DEPARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE FIRE FIGHTING EQUIPMENT, TO -WIT: ONE (1) NEW PIERCE SKYBOOM AND ONE (1) NEW PIERCE PUMPER; AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING AND ; APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FORSEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Capital Project: Acquisition of One (1) New Pierce Skyboom; Acquisition of One (1) New Pierce Pumper. Cost: The projected cost of the Equipment is $861,744. However, the portion of this Equipment cost which shall be financed is approximately $691,744 plus annual financing costs (anticipated to be between 3% to 5%) for the seven (7) annual installment payments of the six (6) year (73 1/2 month) term of the lease - purchase transaction. This notice is published in addition to and contemporaneously with notices regularly published for second readings of ordinances. For any question on this item, please contact the Village Clerk at 305-365-5506. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the office of the Village Clerk, 88 W. McIntyre Street, Key Biscayne, FL 33149, telephone number: 305-365-5506, not later than two (2) business days prior to such proceedings, If person decides to appeal any decision made by the yillage council with respect to any matter considered at ameeting or hearing, that person will need a record of the proceedings and, for such purpose, mayneed to ensure that a verbatim record of the proceedings ismade, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). EXHIBIT "C" PUBLIC NOTICE (Postcard to Electors) Pursuant to Village of Key Biscayne Charter Section 4.03(9), notice is herebyprovided that on Tuesday, May 13 2003 at 7:00 p.m., in the Village Council Chamber, at 560 Crandon Blvd., Key Biscayne, FL a public hearing,. on thesecond and final reading of a Capital Project Authorizing Ordinance for the Fire' Truck equipmentacquisition capital project shall be heard by the Village Council. Capita „Project.Acquisition ofOne,(1) Iew Pierce Skyboo ; Acqjiisitioh of One (1) NeWPierec, ,ravager. 1 Cost: The i je ted cost' ofthe Equipment is $861.7T4'4However; the portion of this Equipment cost whitikishaltbe-financed,is'approximately 5691.744 plus arnitial financing costs (anticipated to be betWberi flip 5%)'forlth se (7)ta'dnt al instal h entpa rents of the six (6) year (73 1/2 month ;term of Lease p irphSe transactipn For any question on'this item, please'contact the Village'Clerk at 305-365-5506. Ifa person decides to appeal any decision made by the Village Council with respect to any matter considered at ameeting or hearing, that person will need arecord of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which recdrd includes the testimony and evidence upon which the appeal is to be based (FS. 286.0105)::: 8 LEASING 2, INC. MASTER LEASE AGREEMENT LEASE NUMBER: This MASTER LEASE AGREEMENT (the "Agreement"), dated as of June 16, 2003 is made and entered into by and between Leasing 2, Inc., a Florida corporation, as lessor (the "Lessor"), and VILLAGE OF KEY BISCAYNE, a political subdivision of the State of Florida, as lessee ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS Section 1.1. Definitions. The following terms have the meanings specified below. "Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. "Agreement" means this Master Lease Agreement and all Equipment Schedules hereto. "Agreement Date" means the date first written above. Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. "Equipment" means all items of property described in Equipment Schedules and subject to this Agreement. "Equipment Group" means each group of Equipment listed in a single Equipment Schedule. "EquipmentSchedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group. ✓ Escrow Account" means the equipment acquisition account established by Lessor pursuant to the Agreement. "Events of Default" means those events described in Section 12.1. Fiscal Year" means each 12 -month fiscal period of Lessee. "Interest" means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. 'Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto; which together shall constitute a`separate contract between Lessor and Lessee relating to such Equipment Group. "Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule and the commencement date of the interest component as provided in the related Payment Schedule. "Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1: "Net Proceeds" means any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof. "Non -Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the governmental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment and from using any moneys to pay any, Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. "Payment Date" means each date upon which a Rental Payment is due and payableas provided in a Paymen ryment Schedule means the schedule of Rental Payments attached to an Equipment Schedule:: Principal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. "Prepayment Price" means the amount so designated and set forth opposite a Payment Date in Payment Schedule indicating the amount for which Lessee may purchase. the related Equipment Group as of such Payment Date after making the Rental Payment due on such Payment Date. Schedule. 6OJ03:LES-BQ-ESR.DOCIrev.5/01 ore 1 "Rental Payment" means each payment due from Lessee to Lessor on a,Payment Date. "Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor "State" means the state or commonwealth in which Lessee is situated. 'Vendor" means each of the manufacturers' or vendors` fiom which Lessee has ordered or with which Lessee has contracted for the manufacture, deliveryand/or installation of the Equipment Section 1.2 Exhibits Exhibit A- Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule Exhibit R-1 Form of Tax Agreement and Arbitrage Certificate (Escrow). Exhibit C-1- Form of Resolutionof the Governing Body of Lessee relating to each Lease (Escrow). Exhibit D. Form of ncumbenc j y Certificate as to each officer or representative of Lessee executing this Agreement or any Lease Exhibit F. Fonn of Opinion of Independent Counnet to Lessee: Fxhsbit F Fenn nkra,NenfRegilest Form. FxhiitirG_ f. Fad of`Confjmattib'n ofOotsi'de lnsnran.ee. Exhthit C-2- Fonn of Questionnaire for Self -Insurance and Addendum to Equipmen ARTICLE II. LEASE OF EQUIPMENT Section 2 1 Avquicition of Equipment Prior to the addition of any Equipment Group, Lessee shall provide Lessor with adescriptionof the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired 'lease teynsfor such equipment and such other information as the Lessor may require. If Lessor; in its sole discretion, determines the proposed equipment may be subject -to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution byL'essee'and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Section 2,2. Disbursement. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee foranypayment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized consent to a disbutsement),until fi'ifel(5) business'daysia)}er Lessor has received all of the following hi form and sirbstanee satisfactory to 1=kssor (a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (a resolution or evidence of other o cia7"actionttaken by or on behalf of the Lessee to autho ize the 4qiiiSition of }he'Equipment'Gro i the terms provided in such Equipment schedule, (d) a Tax Agreement and Arbitrage Certificate inure form of Ey,hibrt E -l; (aslapplicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII ofTrs Agreement; (0 Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such ihvaices have,been paid by Lessee ,e(idence of payment thereof and, evidence of official intent to reimburse such payment as required by the Code; (g) financing statements executed, by Lessee as debtor andloe the. origihal certificate'of title or Manufacturer's certificate of origin r and title hpplicaiion, ifikay, far any Equipment which is,part of suoh,.Equipment Group and isrsubject to,certiftcate of title laws; (h) a con?pleted,and executed Form 8038-G Or 803s -9C, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i)an opinion of eounsei bathe Lessee.substantiallyiblithe, form of Echibit E hereto, and (j) any other documents or items reasonably required by Lessor. Section 2.3. Lease; Possession and Use. 'Lressor hereby leases the Equipment to- Lessee, and tesseehereby leases -the Equipment from Lessor, upon the terms and conditions set forth herein.Lessee shalt a have quiet use and enjoyment ofand peaceably -have and hold each Equipment,Group during the related Lease Term, except as expressly set forth in this Agee pent." Section 2.4 Escrow Procedure. "If Lessor and Lessee agree that the cost of an Equipnieht Group is to be paid from an Escrow Account: (a) Lessor and Lessee shall execute an Equipment Schedule relating to such Equipment Group; and (b) Lessor shall deposit an amount into the Escrow Account sufficient to cover the cost of the Equipment Group at delivery. All amnia deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee that shall be repaid by the Rental Paymentsdue under the related Lease, ARTICLE III. TERM Section 3.1. ,Terror This Agreement shall be in effect from the Agreement Dateuntil theearliest of (a) termination under Section 3.2 or (b) termination under. Section 12.2; provided however no Equipment Schedules shall he executed after any Non -Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall; be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.4. Section 1 2. Termination by Lessee. In the sole event of Non Appropriation, this Agreement andeach Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effectiveupon the last day of the Fiscal Yearr for which funds were appropriaed, in the manner and subject to the terms specified in. this Article. Lessee may effectsuch termination by giving Lessor a written noticeof termination and by paying to Lessor any Rental Payments and other amounts which are club and have not been paid at or before the end its then current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end o) Fiscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided in this Section, Lessee shall'c-emply with the instructions receiVecpifrom Lessor hi accordance with Section,' 12.3. Section '3.3 Effect of Termination. Upon termination of this Agreement as provided ins Section 5i2, 'Lessee shall not be responsible for the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions Schedule Relatingid Self Insurrance. 6/2/03:LES-I3Q-ESR.DOC/rev. 5/01/lessor/L2 2 received from Lessor in accordance with Section 12 3, the' fermtnaYo5`5'haITri Verthe1'ess bd effective,,' but Lessee shall be responsible for the payment of damages. in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement eLLad not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and ( it any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. Section 3:4 Termination of Lease Term. The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price by Lessee pursuant to Article V;(c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to. Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS 1. ,Section 4.1. Rental Payments. The Lessee agrees to pay the Rental Payments dueas specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing from the Lease Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor,. or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefore:Lessor and Lesseeconfirin their understanding andagreement that (a) all paymentsdue under the. Agreement are to be made only from Lessee's legally available and appropriated revenues from sources other than ad valorem or other taxes, (b) that Lessee shall not be obligated to pay any sums due under the Agreement from the proceeds of ad valorem or other taxes, and (c) that Lessee's contractual obligations to request. annual -., appropriations from which payments dueunder the Agreement may be made does not constitute an indebtedness of Lessee within the meaning of any constitutional or statutory provision or limitation. Section 4:2. Current Expense. The obligations of Lessee, including its obligation to pay the Rental Payments duein any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution andlaws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the Equipment) to the payment of any Rental Payment or other amount coming due hereunder. Section 4.3. - Unconditional Rental Payments. The Lessee's obligation to make Rental Payments shall be absolute.. and unconditional.. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall at withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim `against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, ortemporary use of the Equipment or any part thereof shall be taken under exercise of the power of eminent domain: ARTICLE V. OPTION TO PREPAY Section 5.1 Option to Prepay. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price as set forth in the related Payment Schedule, provided there has been. no Non - Appropriation or Event of Default Section 5 2 Exercise of Option: Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and'shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective) and the applicable Prepayment Price set forth -in the related Payment Schedule id the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise thereof shall be void and the related Lease shall continue Mftill force and effect. Section 5.3. Release of Lessor's interest. Upon receipt of the Prepayment Price m good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE IS, WITHOUT WARRANTIES,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. ARTICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS Section 6 1 Representations and Warranties of lessee. Lessee represents and warrants as'of the Agreement Date and as of each Lease Date as follows 1) Lessee is a state or political subdivision of the State ,within the meaning of Section 103(c) of the Cod; :duly organized and -.,.existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement; each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this .Agreement and each Lease. „ 6/2/03:LES-BQ-ESR DOGrev.5/01 /lessor/L2 3 (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee's governing body and such action is in compliance with all public bidding and. other State and federal laws applicable to this Agreement, each Lease".and the acquisition and financing of the Equipment by Lessee, (c) rsiThis Agreement and each Lease have been duly executed and delivered by and.constitutes the valid and binding obligati ;- Lessee, enforceable against Lessee in accordance with their respective terms - (d) The execution, delivery and performance ofthis Agreement and each Lease by Lessee shall not (1) violate any State or,federall law ' or local law or ordinance, or arty„order, writ, injunction,:deotee, or regulation ofanycourt or other gogemmental agency or bodyapplicabie tolessee, or (ii) conflct^with onresult in the breach or, vialationafianyttecm or provision of or constitusea default under•; any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligationto which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessees kr)'owledge, threatened against or affecting Lessee, challengiing Lessee's`authorily to enter intp thrtAgreehlent Or any Lease or'a voter action v$h"erehrsanr unfavorable titling or finding would adversely affect the' enforceability ofthiSAgreenienror'•ally tease;v 'f4 °� 'I (ft ` Nn lease; tenZal#agreetnenr,`lease;}iu'chase We* `payment` agreement or contract for purchase tb'which Lessee has•been a P� t5' afariy+trine iruigfihel tics en tW e„ars' h'ta5 Weed - ' 'b Lessee as a result bpi insuffnceeiit funds being appropriated in any Fiscal'yiea ,No'ecieiflirasoc?ctured tttch oul$coastfu�egan�ee taf"defaultunderaiijdebrr`revenue' bond' or obligation,whichLessee has l ssiied rat 77t (g) L ssee on rtes"se s gam xbod has'apprOrprialedandior taken other lawful actions necessary to provide moneys sufficient to pay ail ReXrtal P cal''Year,land'sUch Moneys wil be applied, in 'payment` of all Rental' Paynehts due and paYxtfiedr tr 1 esee " a (h) t ne efneed for, .and expectseto make immediate use of the Equipment; which need is not ten4poraky or expected to dmrunsh d° rrrt tke applreable Lease Term. Lessee' presently intends to continue each Lease hereunder `fdr'its entire Lease Term and to thereto. l 111 Sertimlb, a k$ 3 . .- x . agrea L. ; rso la ng ai any Rehtal Payments or other amounts due under this Agreenient, re ain (a) and- Lesseesha�]lnor n wall; uset,l ope afe or ma nta of the Equipment improperly, carelessly, in violation of any applicable law or regulation or in a rya ine eon nary to that contemplated by `this,` Agreement Lessee shall obtain and maintain all` perrhits and licenses necessary fore �t1at " aifid f erat o 1pfTe,Equiprnent Lessee shall not, without the yrior'writter"iconsent ofLessprr, aifiot or install arty accessbfl equt 3mz f d o o can of"th'e ;Equipment if'such'addition would change or,Ilupair-the Original-1Y,tntended'funeti value or use a' 4,fnl i 1 {' ' 10 0) ' Lesss `sh i , .'o + 'Lesaoriaccesj at at� reasonable limes to examine and inspect the Equipment and providefLessor �withisu access td �'fib season bly n cessaryto pedart' maintenance on the Equipment in the event of faihare by Lessee to perfoint itso &) ' Less e r Il 1 o- r• 'tf d'r ihdiree' dy create, incur, assume or suffer to exist any mortgage, pledge, lien, charger encumbrance or other claimtwtfl respecttoirequipment, ether than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, arts own expense iakeuoh act ons as may he necessary duly to discharge or remove any such claim if thesame shall arise at any time. it,' „ stshallre b4 for any expense incurred by; Lessor in order to discharge orremove«ny spell claim. �, e I y �� �rrrlolxarge ofreparing Lessee's budget will include in the budget` requestffor each Fiscal Year: the Rental eats to h c r such Elsa Year, and will use all reasonable and lawful means available to secure the 'appropriation of irloney for au*, Fos a% ears dent to pay all Rental Paymentslcoming due therein. Lessor acknowledges that appropriation for Rental Payments is a go e tai, t nbtidn whict Lessee cannot contractually commit itself in advance to perform.' Lessee acknowledges that I. I c 4iF II' 4V x 'P # tits AgreetYlr o rrs� tote such,a coi�tmatment. 'However; Lessee reasonably believes tlia4 moneys in an amount sufftclergt to make §4,,,R, entaL Prn a d„„ } 'lain/illy be appr pnated`and-made avai]able to permit Lesseo's•continuedutilization aftWe Equipment in thpe,rfo _ l I tsd yo- rya hops du ling fibe applicable Lease Terms (eta Less a s e Liu fit obligati n}to pay RentarPayments is not directly or indirectly secured by any interest• in property, other than the Egpt t "a}� t1 at hie i�.entai Payments will not be directly or indirectly secured by or derived from any payments of any type' or any fundot kl " (f, Upoui ensuing Fiscal be reasonai(lq�ra eted¢by Lssat (g) Less al paq ptLy and duly execute and deliver to Lessor further documents, instruments and assurances and take such further action as Li;Ssor n ay from time to time reasonably nrequest in order to cany out the, intent and purpose of this Agreement and to establish and irP iagbts� wl remedies created or intended to be created in favor of Lessor hereunder. Section 6.3i ` liax�Mr[ti re.4entationd Warranties and Covenants. (a). I4ty ft r �,ulgfeement 4ndArbitrage Certificate, As of each, Lease Date and with respect each Lease, Lessee me V each of theaeteset a s ivory Mies and Covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect such Lease:, l3 t ir e r such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. (b) Event oy vdaiat If.Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably determines, based on any opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any Lease from its Fedei;al gross income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, 11 purpose/ fjrh I�ssee s 111p'rovide,Lessor with current financial statements, budgets, and proof of appropriation for the finagci ' ja'bformation relating to the ability of Lessee to continue this Agreement and each Lease as may 6/2103:LES-BQ-ESR.DOCkev:5@I/IevsorLL2 4 with respect to Rental Payments previously paid and taking mfo`aceotint(all "penalties;' fines,interestandadditions to tax (including all federal, state and localtaxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming ft. -„fax at the highest marginal tax rate and taking into account the timeof receipt of Rental Paymehts and reinvestment at the after-tax yield `ate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on: each --t'succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE AND RISK OF LOSS ,Section 7 1. . Liability and Property insurance Lessee shall, at its own expense, procure and maintain continuously in effect.. during each. Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require,, including, but notlimited to, all-risk casualty and property insurance, in an amount equal to the greaterof the fill replacement cost of the Equipment or the applicable Prepayment Price of each Equipment Group. Section 7 2. Workers' Compensation insurance.. If required by State law, Lessee shall carry workers'. compensation insurance covering all employees on,.in, nearor about. the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage throughout the Lease. Term. Section 7 1 insurance Requirements (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide' written notice to the insured parties No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor and/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall deposit with. Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b). Self Insurance. With Lessor's prior consent, Lessee may self insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. (e) Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any Equipmentevidence of insurance which complies with this Article VII with respect to such Equipment to the satisfaction of Lessor, including; without limitation;: the confirmation of insurance in the form of Exhibit G-1 attached hereto together with Certificates of Insurance; when available, or the Questionnaire for Self- nsurance and Addendum to Equipment Schedule Relating to Self -Insurance in the form of Exhibit G-2 attached hereto, as applicable. \` 'Section 7 4. Risk of Loss.. To the extent pennitted:by the applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and '';agrees to indemnify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and: expenses, including reasonableattorneys' fees, imposed'" on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including: but not limited to, (a) the selection; manufacture, purchase, acceptance or rejection of Equipmentor the ownership of the Equipment (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment; (c) the condition of the Equipment sold or, otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (0 any claim, loss, cost or expense involving alleged damage to the environment relating to "the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agreement. Section 7.5 Destruction of Equipment: Lessee shall provide a complete written report to Lessor immediately upon any loss, theft, damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and. from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair ("Damaged Equipment"), Lessee shall within thirty (30) days after such event either (a) replace the same at Lessee's sole expense with equipment having substantially similar Specifications and of equal"or greater value to the Damaged Equipment immediately prior to the time of the loss occurrence such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule.Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence. If, within forty-five (45) days of the loss occurrence, (a) Lessee fails to notify Lessor; (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the Damaged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may, at its sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee' ' bligationunderthisSection... 6/2/03 LES-BQ-ESR. DOC/rev. 5/01/lessor/L3 5 ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE Section 8 1 Maintenance of Equipment. Lessee shall notify Lessorin writing priorto moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lesseeshall, at its own expense, mainta the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such cond(k( including compliance with State and federal laws. Arty:and all replacement parts must be free of encumbrances and liens. All sixes/ replacement parts and accessories shall be deemed to ,he incorporated immediately into and to constitute an integral portion of the Equipment ent and as such, shall be subject to theterms of this Agreement. q ,Secton l6,2I Tare. Lessee shall'pay alt taxes and ether chtargeswhich are assessed or levied against the Equipment; the Rental Payments eir any parttthereof, dr Whichbecome due dtiri e the LeaseTerm,'hetherassessed&against Lessee or Lessor, eicept'as expressly limited by this Section Lessee shat! pay all ntilities and other ohaiaes'tncuired in the operanon inamteuarece; use, bbcupancy aricLma seep of the Equipment;` and`ai.1 speooial ess�ssnients ad eharges !Aptly maite'by any govermnegta1 body'that:niay be secured by Mlren oti';the EquiMpenta Lessee shall not tie' reCtuir'ittto; pay any •fe cTtal stateor ideattrtc lme successcp'n fransftSr„ franchise pfo fritekc ss profit; capital stock, gross receipts, corp'orate or other snmla ax payabl`e b' Lessor, ifs successors or asstgns "anless'such i`tax s made as a substitute f ry:assessmenttor`thar# 4whrcbbs tfteileibffgatiOnbaieSsee u del tars Sec€trek V a+ • t-'4'1.,-‘'1414.: t4.:,;: a 1fLessee seta/ iatilltivpeiiarm ahyb'erts"o'bligations underth s MeetL'essor may take such ac h#ott actxreis2ich re, including the advan-eetuent of money, and Leesseethall he obligated to repay all such advances on demand with h tereR tai thS'rate 18% per annum or the maximum rate permitted by lnw"whichever is less, from the,date of theed\i3S to theida of rejtayrlr t ta'* f i Pert `91, Title During the Lease Term, ownership and legal;: title of all-Equtprnent and all replacements, substitutions, repairs and modification shallbe m Lessee and Lessee shell -take allraction necessary to vest such ownership and title in Lessee. Lessor does pot own the,Eglupment,arrd hythis Agreement andienclt L,ease.ishnerelyfitiattcing the acquisition :ofsuch, equipment for Lessee, Lessor has, not beentin the cltaitti.af title of;the,Equipment;edoes non. operate„ control or have possession of the Equipment and has, no -control overathe Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. Section-4/1,Section-4/1, Seciiiiity!fnterest ;:All provisions referencingLes'sor batting a security interest in the Equipment are hereby cancelled and shall not have airyt:force•or effebt. Lessor'and'Lessee agree that the Agreement does not result in the creation of any lien, charge, security llnterest Dr'jdthet-eneumbranceinpop the Equipment or. any other asset of Lessee. 1 Section 4.i Modification Of E'ginpment: Lesseewill riot, Without the prior written consent of Lessor, affix or install any accessory egttipmeht•or deyickop any of the Equipinentiflsudh addition Will change or impair the originally intendedwalue,:function or use of Edu pinent. y' b. i. $eetton 9,41. Personal iT-nperty., The'Equipment is and shall at all times be and remain personal property and.not fixtures, ARTICLE X. ;ARRANTIES Se'cti'on 999 Selection of Equipment Each. Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no Onsifility in connection with the seeectlon ofthe'Eq©ipment, the ordering of the Equipment, its suitability for the use intended by Lesses acceptance by' any, vendor -0t, itsrsalesrepresentative of any order submitted, or any delay or failure by such Vendor or its sales IR,tf s Selntanre to idigtaufa mre, deliver or install any Equipment for rise by Lessee. Sdctihn 16142 Vendi rls Warranties. Lessor hereby assigns to Lessee for and during the related Lease Term, all ads interest if any, in' alb V adpr' warrat�uaes„guarantees andtpatent indemnity express or implied issued, omot applicable to an Equipment Group, ar Le&deg. inay obraPi.tbe customary servtees famished -in connection with such warranties_ and guarantees at Lessee's expense Lessor hasvtoto igaaon to; ep t3rce ark Vendor" s warrantres1or oliiigations ou behalf of itself or Lessee.. Serti'hkttit!i:3 i)tteTaVimer"of Warranties. .LESSEE "YCKhOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, cit St Y AI,Ti FACTURE SELECTED, BY' LESSEE: LESSEE ACKNOWLEDGES THAT IT SELECTED, THE EQUmNtENT W, to ASSSSTAN E' OF Pi,ESSOR, TITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF, Tn4 QUIP' Ii.QR A DEALER: IN SIMIL-ARtEQUIPMENT; AND, DOES NOT INSPECT THE EQUIPMENTBEFORE DELIVE7R? TO LUS€ . LESSl7R MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO TT 1VILUE, DE41 N CONDIFIONy QUALITY DURABILITY, SUITABILITY, MERCHANT -ABILITY OR FITNESS 'OR ANY Pt t 'IC LFAR BU1 OSE QR FITNESS FOR TIE US CONTEMPLATED BY LESSEE,Og'WE EQUIPMENT, Olt At'fY OTHER REPPRESENTA M iWARRANTY VNIT} 11RESpECT 1'O THE Eotni;kIENT. IN NO EVENT SHALL LESSON B$F LIABLE FOJRt Al '! IN9I11,ENT$L DR. 'CONSEQUE*TIAL, bAMAGE,S IN CONNECTION WITH OR ARISING OUT,OF THIS A' R'EMEN E t10 4TF-1B,EQpIPMEN'ItlOR LESSEE°S USE OF 1HE EQUIPMEN f ARTICLE XI `,ASSIGNMENT AND SUBLEASING" Section 1 t 1. Assignment by Lessor. Lessor «Sithout Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Agrment or any `Lease,. including, but not limited to, the Rental Payments and other amounts payable by Lessee and Lessor's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time,.. No assignment shall be effective as against. Lessee unless and until written notice of the assignment is provided to Lessee When present with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of allsuch. assignments: 6I2/03:LES-BQ-ESR DOC/rev.5/01/lessodL2 6 Section 11 2. Assignment and Subleasing by Lessee this Agrhement nor anyLease or any Equipment rnay be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. (tom'\RTICLE XII. EVENTS OF DEFAULT AND REMEDIES . 'ection 12 1 Events of Defaidt Defined. The occurrence of any of the following events shall constitute. an Event of Default under this Agreement and each Lease: (a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Paymentor other amount required to be paid to Lessor (other than by reason. ofNon-Appropriation). _. . (b) Lessees failure to maintain insurance as required by Article VIl. (c) With the exception of the above clauses (a) & (b), Lessees failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that, the remedied, unless :Lessor shall agree in writing to an extension of time priorto its expiration. (d) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect upon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (f) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Section 12.2 Remedies on Default. In the event of default by Lessee under the Agreement, Lessor's soleremedies shall be to sue Lessee for compensatory damages, which Lessee agrees to pay and which are hereby agreed to be the Prepayment Price applicable to the immediately preceding rental payment due date, as set forth on the Payment Schedule, plus any rental payments accrued and unpaid as of the date default, provided that in the event that Lessee voluntarily returns the Equipment to Lessor to a location specified by Lessor, at Lessee's sole risk, cost and expense and in the condition required by Section 8.1 of the Agreement, Lessor shall not have any further remedies against Lessee. Lessor shall also have the right in the event of default to exercise any other right, remedy or privilege. which may be available to it, including without limitation proceedings by appropriate court action to require specific performances of any provision of the Agreement other than Lessee's covenant to return possession of and title to the Equipment, which covenant shall not be subject to enforcement by specific performance: Lessee shall remain liable for all legal fees and other costs and expenses; c-tincluding court costs, incurred by Lessor in the enforcement of its remedies under the Agreement except to the extent prohibited by the :onstitution and laws of the State of Florida. "' Section 12.3 Return of Equipment: Release of Lessee's interest. With respect to any provision of the Agreement requiring Lessee to return all or any portion of the Equipment to Lessor or to transfer title to all or any portion of the equipment to Lessor, Lessee agrees tovoluntarily do so. In the event that Lessee fails or refuses to return or transfer the Equipment or title thereto voluntarily as set forth. above, Lessor acknowledges that the Agreement does notand shall not create a right in Lessor to involuntarily dispossess Lesseeof title to or possession of all or any item of the Equipment.. In lieu of such right Lessor shall be entitled to and Lessee agrees to pay to Lessor immediately, but only from Lessee's legally available and appropriated revenues from sources other than ad valorem or other, taxes, the Prepayment Price applicableto the immediately preceding rental payment due date, as set forth on the Payment Schedule.`, plus any rental payments accrued and unpaid as of the date of such payment. Section 12 4 Late Charge. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section 13.1. Notices. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at it§:. address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time 1. to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Section 137. Binding Effect This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. Section 13.3 Severahility. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 13.4 Entire Agreement: Amendments. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and. .i' ^-epresentations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed „rid delivered by Lessor and Lessee. Section 11:5 Captions. The captions or headings in this Agreement are for convenience only and inno way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13.6. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute. acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as 6/2/03' LES-BQ-ESR. DOC/rev. 5/0I/lessor/L2 JR, MI 419184111.9.1 7 may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Section 13.7. Governing T aw This Agreement shall be governed by and construed in accordance with the laws of the State. ,Section 13.8. Usury It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum amount permitted" by applicable law Any such excess Interest or fees'`sfia11 'fit-•selie applied MI -educe Principal, 'arid when no Principal remains, refunded to Lessee. In, determining whether the Interest paid or payable exceeds the `highest lawful rate, the total amgant of Interest shall be spread through the applicable Lease Tern- so that the Interest is`uniforrn through such term. r Simon, 132.9 ,Dela$ed Closing- in' the event of a'delayed closing. Lessor will benefit from the interest that accrues between the Commencement Date and the Closing Date. * Section 13.10 Lessee's Performance. A failure or delay of Lessorro enforce any ofthe provisions of this Agreement or any Lease shall in no way be construed to be a waiver f such'provision '` Section 13.101. Waiver flit fury Trial Lessor and Lessee hereby waive any right to trially jury in any action or proceeding with respect to, in connection with or arising out ofthis Agreement IDER OF PAGE LEFT INTENTIONALLY BLANK] 6/1J03:LES-BQ-ESR.DOorev.5/O!aessor/1.2 8 EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER: IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its .duly authorized officer. VILLAGE OF KEY BISCAYNE Lessee Jacqueline R. Menendez Village anager Date. b / 6/tea n-) Address: 88 West McIntyre Key Biscayne, FL 33149 Telephone: 305-365-8989 'acsimile: 305-365-8933 LEASING 2, INC. Lessor By: — Name: Brad yers Title: President Date: - 14" 03 Address: 1720 West Cass Street Tampa, FL 33606-1230 Telephone: 813-258-9888 Facsimile: 813-258-9333 6/2/03,-LES-BQ-ESR. DOGrev.5/O V lessor/L2 9 EXHIBIT A EQUIPMENT SCHEDULE NO. 01 TO MASTER LEASE NUMBER 0 The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as June I6, 2003 (the "Agreement") between the undersigned Lessor. and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement Lessee warrants that no Non- Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Def"auit,ihas octurred under the Agreements °An'Acceptance Certificate and Payment Schedule" are -attached tojiffs Equipment Schedule and by reference are made a part herbof The tens :capitalized- kr this EgMpment Sehedule'But -noi•detined herein.sftall-frave the meanings assigned to them in the Agreement. ;EQUIPMENT GROIJP The cost of the Equipment Group to be funded by Lessee under this Lease is six hundred ninety one thousand seven hundred forty-four dollars (S691,744.001 (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which has been or shall be purchased from the VendorOs);named below for the prices set forth below: " one 0) new Pierce, Dash 61' Skyboom, VIN:i One (1) new Pierce Dash Pumper, YIN,: The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term, Lessee will provide written notice to Lessor: 560 Crandon Boulevard, Key Biscayne, FL33149 VENDOR TERMS Lessor shall have funds not immediately paid to vendor(s) at closing deposited in an "Escrow Account' payment to vendors for equipment deliveries that are scheduled to occur according to the following schedule: , EQUIPMENT DESCRIPTION AMOUNT n.order tofacilitr-•,, PAYMENT NO EARLIER THAN Pierce Dash 61' Skyboom & Pierce Dash Pumper EQUIPMENT SCHEDULE LEASE DATE: June 16, 2003 VILLAGE OF KEY BISCAYNE Lessee By: e: Jacqu" i e R. Menendez e: Village Manager b Date- / / V / Q3 Address: 88 West McIntyre Key Biscayne, FL 33149 Telephone: 305-365-8989 Facsimile: 305-365-8933 $691,744.00 July 1,2003 LEASING 2, INC. Lessor By Name: Brad Title: President Date. ^ ( -o3 Address: 1720 West Cass Street Tampa, FL 33606-1230 Telephone: 813-258-9888 Facsimile: 813-258-9333 Lease No.: Equipment Schedule: 01 ACCEPTANCE OF OBLIGATION TO COMMENCE RENTAL PAYMENTS UNDER PAYMENT SCHEDULE RE: Master Lease Agreement dated June 16, 2003, between Leasing 2, Inc. (Lessor) and Village of Key Biscayne (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and have been given the authority by the governing body of Lessee to sign this Acceptance of Obligation to Commence Rental Payments with respect to the above referenced Lease. I hereby certify that i. The Equipment described in the Equipment Schedule has not been delivered, installed or available for use as of the Lease Date of this Equipment Schedule; 2 Lessee acknowledges that Lessor has agreed to deposit into an Escrow Account an amount sufficient to pay the total cost of the Equipment identified in Exhibit A upon delivery; 3. The principal amount ofthe Rental Payments in the Payment Schedule accurately reflects the cost of the Equipment; 4. Lessee agrees to execute an Acceptance Certificate and Payment Request Form authorizing payment of the cost of the Equipment, or a portion hereof, for each withdrawal of funds froth the Escrow Account Notwithstanding that the Equipment has not been delivered to, or accepted by, Lessee on the Lease Date hereby warrants that: (a) Lessee's obligation to commence Rental Payments as set forth in Payment Schedule is absolute and unconditional as of the Lease Date and on each date set forth in Payment Schedule thereafter, subject to the terms and conditions ofthe Lease; (b) immediately upon delivery and acceptance of all the Equipment, Lessee will notify Lessor of Lessee's final acceptance of the Equipment by delivering to Lessor the "Acceptance Certificate" in the form attached to the Equipment Schedule; (c) in the event that any surplus amount is on deposit in the Escrow Account and the Agreement is terminated pursuant to Section 3.2 (Termination by Lessee) or Section 12.1 (Event of Default) thereof, those amounts shall be forwarded to Lessor or its assignee, if assigned, to be applied as provided in the Agreement. Lessee shall have no further interest therein. Any surplus amount remaining after payment of all of the Equipment to be leased under the Agreement will be forwarded to Lessor, or to its assignee, if assigned, for application toward the next Rental Payment due. (d) regardless of whether Lessee delivers a final Acceptance Certificate, all Rental Payments paid prior to delivery of all the Equipment shall be credited to Rental Payments as they become due under the Lease as set forth in Payment Schedule. Notwithstanding any other provision of this Acceptance of Obligation, the Lease shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Lessee as provided in this Lease. Date. VILLAGE F KEY BISCAYNE Lessee By Jacquel ;e R. Menendez le: Village Ma;a 66//JJ geri dL03 Date: * After payment' of Rental Payment due on such date. Lease No.: Equipment Schedule: 01 PAYMENT SCHEDIiI F, The Lease Date with respect to the above referenced Equipment Group shall be June 16, 2003. The Annual Interest Rate applicable to the Equipment Group shall be 2.994% Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term of seven (7) years. The first Rental Payment is due on November 15, 2003 and subsequent payments are due annually on like date thereafter_ Payment Payment Total Interest Plumber Date Payment Component 1 _ 11/15/03 5109,139,51 $S,744.33 ,9100;395.18: S6F9,089.28;:, 2 11/15/04 $109,139.51 $17,704.50 $91,435.01 $514L91L22 3 11115/05 $109,139.51 $14,967.01: $94,172.50 =. $4i7,91 d5,' 4 11/15/06 $109,139.51 $12,147.56' $96,99V95 i' S3180.01.14; 5 11/15/07 $109;139.51 $9,243.70 $99,895.81 $215,119,16 6 11/15/0& $10,139,51 $6,252'.96 $f02;s# 61`; ` ttIi9;I45.95' 7 11/15/09 $199,139.51 $3-,172.57 $105,96£x94 $0430 Grand Totals $7 53976.57` $72,23157 $69TH 741.''0 . Last interest amount increased by 0.01 due to roynding. Principal fomponent VILLAGE OFKEY 13ISCAYNE Lessee e: Jac eline R. Menendez 'tie: Village Manager ‘///e14) epayment Price* EXHIBIT 8-1 Lease No.: Equipment Schedule: 01 TAX AGREEMENT AND ARBITRAGE CERTIFICATE This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by VILLAGE OF KEY BISCAYNE ("Lessee") in favor of Leasing 2, Inc. ("Lessor") in connection with that certain Master Lease. Agreement dated as: of June 16, 2003 (the "Agreement"), by and between Lessor and, Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement ;Section 1. In General. 1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents executedpursuant thereto and :contemporaneously herewith, the "Financing. Documents"). As described in the. Financing Documents, Lessor shall apply six hundred ninety one thousand seven hundred forty-four dollars ($691,744:00) (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and rconditions as set forth in the Financing Documents. 1.2. The individual executing this Certificate On behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor. 1.3. The Financing Documents are being entered into for the purpose of providing fiends for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule: The Principal Amount will be deposited in escrow by Lessor on or after the Lease Date of the Equipment Schedule and held pending acquisition of the Equipment under the termsofthe Agreement. 1.4. Lessee will timely file for each payment schedule issued under the Lease a Form 8038-G (or, if the invoice price of the Equipment; under such schedule is less than $100,000, a Form 8038 -GC) relating to such Lease with the Internal Revenue Service in accordance with Section I49(e) of the Internal Revenue Code of 1986, as amended (the "Code"). 1.5. Lessee has not issued, and: reasonably anticipates that it and its subordinate entities, if any, will not issue, tax-exempt obligations (including the Lease) in the amount of more than S10,000,000during the . current calendar year. Lessee hereby designates the Lease as a "qualified tax-exempt obligatiori within the meaning Section 265(b)(3) of the Code and agreesthatit and its subordinate entities, if = any, will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year: Section 2. Non-Arhitraa- Certifications 2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating: fund. (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2:2- There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued orsold.pursuantto -a commonplan of financing with the Financing Documents and Oil) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 23. Other than the Principal Amount held in the Escrow Account , Lesseedoes not and will not have on hand any funds that are or will, be restricted, segregated, legally required or otherwise intended' to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into: Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment,in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. Section 3 Disbursement of Funds: Reimbursement to T RSCPP::It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are -satisfied. 3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the following conditions have been satisfied: (a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § L150-2 (the "Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all ox-" portion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee ado the Declaration of Official Intent; (b) The reimbursement being requested will be; naade by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (It)Months after the items of'Equ pment to which such payment relates were placed in service; (c) 'The entire payment, withrespect to which reunbursenii'nt is being sought is a capital expenditure, being a east of a type properly chargeable to a capital accountender general, feddra •incometeat print ;pies, and (d) Lesseetill use any reimbursement payment -for -general operating expenses and not in e mannenwhieh could be construed as an artifice or device under Treasury Regulation § 1.148-10 to avoid in wholefior in part, arbitrage yietd restrictions .r' arbitrage -rebate requirements. Section 4. Use and-.ivrvestmentof:Funds; TemporaryiPerind 4.1. Lessee has incurred orwill incur, vnthvr six (6) months>from the date of issuance of the Financing -Documents, binding obligations to pay anantountnequal m at least -five percent (5%) of_the+„Principal Amount toward' the costs of the 'Equipment. An 'Obligation is not binding if rt,rs stl4iect to errefilrgeliPies within LesseelSdatIro1 The ordering:and acceptance of theritems of EquiPmeril wilt proceed with due diligent! iliC he date of nalsaeeeptanceaof th tl¢tp'nennt, ` t; :' 1 4.2. An amount eyutd to at,least eights-fiv4pereent ($ 4 ofithe Principal Anlountwilkbe/expended tp,pay the cost of the Equipment by the end of the three-year period continencing en'the date of this Certificate. No portion of the Principal. Amount Will he used to acquire. 'investments; --that dptMot* carry out. the goverantetttal. purpeseof?2he Fuiau 59gi.Doeuments and thafithave, a substantially guaranteed yield of fair (4,' )ears ozmore4 `rt �� ; 4.3. (a) Lessee reasonably expects to cause the Equipment to be acgairedby (date_ (b) Lessee -willtProvide eMidenge to: Lessor that the- rebafe ammo t has beenicalcularied anc'llpaid t¢, re Internal ,Ravenue Service in accordance with; Sectipm 148(f) of the code uniAss (i) t'he entire Principal Amount is expended, on the ] idiom -en -0y the datethat is the six-montlu anniversar3' pfthe Financilig Docurents or (ft)the.- P rrincipal Atnouret is exptended oft the, uipwent in'acaordancewith the following schedule; At least fifteen percent (15%) of the PrincipalAmount anptinterestteanringstheredn }vall •be.appliied to the cost of the Equipment y iJhin six Months from the datelof,issnavpe ofthd inaneing.Docut gts;,a*,�leastsiktyitpercent (604pfthe ;Principal Amount and interest parniggsathoreon Will• -be applied 4o tie ebstPf the quipinan#t'ivijhin montl(S corn tlta date Of issuance of .' ?� Financing Documents; and one hundred percent (:100%y off the4Prmoapal Amount attdtjnterest.eamjhge- thereen:wit119e-APPitect to cost ofthe Equ€pment p>liorto eighteen (18) months,Mam'the dale; oftlidsuance affil e fmmicirtg Docu r, s„ (c) Lessee hereby=cotenants that(ij Lessee is, a governmmntat unit With genet 1 pow,eri} (Iyilte LeaSa isluot e "private activity bond" under Seetidn l41;ofthe Pbde;tRi),at least nines} fiwepercant (95. a)xrfthe Princip Aumuitlas usecft ;;the ggovernmental activities of Lessee; arid4iv) khh:aagregatetptihcipai•amount 6E41 taxi of empt obligations (iijehtdii g Tli'e; L `ase) iSatittclby,Lete and its subordinate entities, if any, during,the currentcalendar year is not reasonably expected to exceed S5,O0d,600. Accotdingly, the rebate requirements of Section 148(f) of the Code are treated as being met, in lieu ofthe;spending exceptions set forth in paragraph (b) above. Section 5 FSvrow Arrant The Financing Documents 'provide, that the monies, deposited ,in escrow shall be, invested until; payments to the vendor(s) or manufacturer(s) of the Equipment 'ate due.: Lessee. will ensure that such investment will not result•in Lessee'sr obligations under the Financing Documents being 'treated as an "arbitrage bond"` within the meaning of Section )4$(a) of thk Internaltevenue Code of 1986, as amended (the "Code % respectively. Any monies whichiard earned from the investmentpfltheseTunds shall be labeled as interest earned. All such monies <.vill be dasbarsed on or promptly after the date that Lessee accepts th gtiipmeiit, Section 6 No Private Use; No Consumer 1,oan 6.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Cpde, Specifically, Lessee will not permitmore than 10% ofthe Principal Amount to be used for a Private Business Use (as defined herein). if, in addition, the payment of more than ten percent (10%) of the Principal Amount:plus interest earned thereon is, directly or indirectly, secured by,(i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or be used for a Private Business Use In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business Use property or payments as described above, tlilen the excess over, such five percent (5%) (the "EXceas Private; Use Portion") will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Priyate Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use'of the particular project to whit such Excess Private Use Portion is related. For purposes of this paragraph 6 1, "Private Business Use" means use of bondproceed�, bond financed property directly or indirectly in a trade or business' carried on by a natural person or. in any activity carried on by a: - person other than a natural person, excluding, however, use by a state or local governmental unit and excluding:use as a member of the general public. 6.2. No part of the Principal Amount or interest earned thereon will be used directly or indirectly, to make or fmance any loans to non- governmental entities or to any governmental agencies other than Lessee Section 7 No Federal Guarantee. 7.1 Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof 7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 8'..Miseellaneouc. 8.1. Lessee shall keep .a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount for a period of five (5) years after payment in full under the Financing Documents: 83. To o the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of June 16, 2003. VILLAGE OF KEY BISCAYNE Lessee I Reporting Authority 1 7SSuer's name V lageoiKeyBiseagpe ,, 2 Issuer', employer identification;number 65`x.;'. 029181k, „ ' Wumbepand,street 4Sor,P.0. box it marl isi not delivered to street address) 88 Wiest IYIeIlrtyre RoomJsuite r6 fteeomEnumber 5' City, town or post office, state, and ZIP code Key Biscayne, FL 33149 6 D of issue Jwte.16, 2003 T ' Na .of'iSsiu ;.',-' ';� . Master lease Agreement:. ': at CUSIP number 9 Na�rstg and/ti e of iifficeorie gal refire entative whom the IRS may�. call for more information ct<c,1tatf` � AI -Fin Cif 1,+C'e:cl"1 10 Telephone rximheraf trterdr alre ( 3°5-x1. 34o = -> Is we /`y, ■fin Type of4ssue,(check applicable box(es) and enter 11 a "Fdte' tictn 12 ❑.. Healthand hospital . . 13 ❑ Transportation. •. 14 [t Public safetq 15 G7 Environment (including sewage bonds) 16 ❑ Housing 17 0 Utilities . .... . 18 0 Other. Describe b 18 19 If obligations; are TANS or RANs, check box ► ❑ If obligations are BANs, check box ► ❑ 20 If; obligations are are in the form of a lease or Installment sale, check box . ► El P._ Description of Obligations. Complete for the entireissue for which this form is being filed. la) Final maturity date (b) issue price lc) Stated redemption nrire at maturity Id) Weighted averagp meninty �at'I21 � $ `` $ n/a • 'i Uses of Proceeds of Bond Issue (inctudinq underwriters' discount) 22 Proceeds used for accrued interest 11/15/2009 691,744.00 23 Issue price, of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs (including underwriters' discount) . 24 25 Proceeds used for credit enhancement 26 Proceeds allocated to reasonablyrequired reserve or replacement fund . 27 Proceeds used to currently refund prior issues 28 Proceeds used to advance refund prior issues 29 Total (add lines 24 throuah 28) 29 30 Nonrefundingt proceeds of the issue (subtract line 29 from line 23 and enter amount here). . . 30 $691,744..00 Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds tobe currently refunded . ► 32 Enter the remaining weighted average maturity of the bonds to be advance refunded 33 Enter the last date on which the refunded bonds will be called 34 Enter the dates the r funded bondswere issued 111. Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) b Enter the final maturity date of the guaranteed investment contract ► 37 Pooled financings: a Proceeds of this issue that are to be used to make loans toother govemniental units b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer It. and the date of the issue ► Form 8038-G p 0-G (Rev. November 2000) Department of the Treasury Internal Revenue Service Information Return for Tax -Exempt Governmental Obligations ► Under Internal RevenueiCode section 149(e) .. ► See separate Instructions. Caution: If the issue price is under $100,000, use Form 8038 -GC OMB No. 545-0720 If Amended Return, chec re•� the issue price) See instructions' and attach,s, seven (7) years 114 13 14 15 16 17 22 23. eheduih $691744.00 le) Yield 2.994 25 26 27 28 ► ► A S691,744.00 years years 35 37a 38 If the issuer has designated the issue under section 265 13)13)03)li = (small issuer exception), check box . . 39. If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box 40 If the issuer ha identified a hedge check box Under pe lie of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are tru:, tort ct and co Sign Here ignatu of issuer's euthoi, (representative. D 0-O Jacqueline R. Menendez, Villas,:Villas,:Mar. Date Type or print name and title MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/aMiami Review,. a daily (except Saturday, Sunday and Legal Holidays) newspaper. published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - PUBLIC HEARING - 5/13/03 A CAPITAL PROJECT RE: ACQUISITION OF FIRE TRUCKS, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/01/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 heor she has neither paid nor promised any person, firm or corporation any discount, re.: e, com - • or refund for the purpose of securing th' publication in the said newspaper. Sworn to and subscribed before me this 01 day of MAY , A.D. 2003 (SEAL) O.V. FERBEYREperia Nab ;Y P(jB`' CHERYL NOT RYSEAL ARMER .� .7 m 8OiMISSION NUMBER,. 9ff �`Q C ISStON6 \T/lmlah4SStOR EXPIRES OF Et-., APR. 2.4 2004 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a. Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCES -5/13/03 ORD. CONCERNING THE ACQUISITION OF FIRE TRUCKS, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/01/2003 Affiant further says that the said Miami Daily Business Review isa newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said Miami -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 or she has neither paid nor promised any person, firm or corporation any discount, rebate, com .'._:.n or refund for the purpose of securing ` s adve,--ment f.r publication in the said newspap Sworn to and subscribed before m- this 01 day of MAY , A.D. 2003 e4,�. (SEAL) cr p°t OFFICIALNOURYSEAL CHERYL II MARMER ay. FERBEYRE perste 4m ZOMMISSION KNEEL e • IC CG93fiss Ent amEMPB?ES �lFOF FLOC` APR. 24,2004 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who onoath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a.Miami Review,.a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement. of Notice in the matter of VILLAGE OF KEY BISCAYNE - PUBLIC HEARING - 5/13/03 A CAPITAL PROJECT RE: ACQUISITION OF FIRE TRUCKS, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/01/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has beenentered as second class mail matter at the post office in Miami in said Miami -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 or she has neither paid nor promised any person, firm or corporation any discount, re• •, com or refund for the purpose of securing thf publication.. in the said newspaper. Sworn to and subscribed before me this 01 day of MAY , A.D. 2003 (SEAL) - �OW Po, OPFICW-NOTARYSFA cre,„, CHERYL H ROAMER O.V: FERBEYRE peralla ROD Ma MISSION NUMBER. CC431156 YI; � MY ccAtMiSSION EXPIRES OF FLOC APR. 24,2004 ORDINANCE NO. 2003-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV "FINANCE" AT DIVISION 1"GENERALLY" BY CREATING SECTION 2-71 "FEES FOR USE OF COMMUNITY CENTER;" AUTHORIZING THE VILLAGE COUNCIL, BY RESOLUTION, TO PROVIDE FEES FOR MEMBERSHIP IN AND THE USE OF THE COMMUNITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to provide a mechanism for the establishment of membership fees and other fees for the use ofthe Village's Community Center. NOW, THEREFORE, IT IS HEREBY ORDAINED BY IHE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the recital stated above is hereby adopted and confirmed. Section 2. Village C ode A mended. That Chapter 2 "Administration" of Article 1V "Finance," of Division 1 "Generally," of the Village Code is hereby amended by creating Section 2- 71 "Fees For Use of Community Center" to read as follows: Section 2-71. Fees For Use of Community Center. The Village Council is hereby authorized to impose membership fees and related fees for the use ofthe Village Community Center. Such fees shall be set and may be amended from time to time by resolution of the Village Council following a public hearing. The resolution may provide for the waiver or deferral of fees upon hardship grounds, and for the reservation of annual memberships for the first year of operation of the Community Center during the construction period by payment of a deposit. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and p hrases o f t his Ordinance b ut t hey s hall remain i n e ffect, i t b Bing t he legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section;4. -Inclusion in the Cede. It is the intention: of die Village Council, and it is hereby ordained that the xprdvlawns of this Ordinance shall become and ivade a part of the Code of the Village of Key�Bisca e,, that; the'sections of this' Ordinance uutay b rcnunrl e'redor relettered to '5 5. accomplish such intentions; and that the word "Ordinance" shall be changzd th "Section" or other app opriate word. Section 5. Effective Date. That this Ordinance shall be effective upon adoption on second reading. CO PASSED AND ADOPTED on first reading this 25th day of February 2003. PASSED AND ADOPTED on second reading this 18th day of March 2003. TA H. ALVAREZ, CMC, VILLAGE CLERK MAYOR ROBERT OLDAKOWSKI APPROVED AS TO O; AND LEGAL SUFFICIENCY: VILLAGE A 103001\ordinances\fees for use. of community center 2 0 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the. SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Rade County, Flurida that the attached copy Of advertisement; being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING MARCH 18, 2003 in the XXXX Court, was published in said newspaper in the issues of 03/06/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in saki Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this)dvertissaentio( publication in the said newspaper. bscribed b e - • - this (SEAL) O.V. FERBEYRE MY COMMISSION # CC 885640 EXPIRES: March 4, 2004 Banded Thu Notary Public Underwriters f ORDINANCE NO. 2003-2 `AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REZONING I'H1t PROPERTIES LOCATED AT 701, 714, 725, 726, 735, 738, 745, 750, 759, 762, 775, 774, 785, 786, 795 AND 798 FERNWOOD ROAD, FURTHERDESCRIBED IN EXHIBIT "A", FROM PS (PARKSIDE RESIDENTIAL) TO VR (VILLAGE RESIDENTIAL); PROVIDING FOR DESIGNATION ON THE OFFICIAL ZONING MAP; PROVIDING' FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties with the Post Office addresses of 701, 714, 725, 726, 735, 738, 745, 750, 759, 762, 775, 774, 785, 786, 795 and 798 Fernwood Road, further described an Exhibit "A" attached hereto, are currently zoned as PS (Parkside Residential); and WHEREAS, the Village Council has determinedthatthe aforesaid properties should be zoned instead as VR (Village Residential); and WHEREAS, the Village Local Planning Agency has reviewed the proposed rezoning of the aforesaid Fernwood Road properties at a duly noticed and conducted public hearing and ecommended that the rezoning is consistent with the Village of Key Biscayne Master Plan; and WHEREAS, the Village Council has held the required public hearings, duly noticed in accordance with law, and proper notice was given to affected property owners, who were afforded an opportunity to be heard; and WHEREAS, the Village Council has determined that the rezoning is consistent with the criteria in Section 30-71 of the Village Land Development Regulations and is consistent with the Village Master Plan; and WHEREAS, the Village Council desires that the Official Zoning Map of the Village reflect the zoning designation that is effective for the properties above described, pursuant to the provisions of Section 30-252 of the Village Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED. BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recitals made above are hereby confirmed and adopted. • Section 2. Properties Rezoned from PS(Par. side Resideritiall to VR (Village Residential). That the properties described on Exhibit A, attached hereto, with Post Office addresses of 701, 714, 725,'726, 735, 738, 745, 750; 759, 762, 775, 774, 785, 786, 795 and 798. Fernwood Road, Village of Key Biscayne, Florida, are . hereby rezoned from PS (Parkside Residential) to VR (Village Residential). Section 3. Official Zoning Map Designation. That the Official Zoning Map of the Village of Key Biscayne shall be amended to reflect that the properties as described on Exhibit A, attached hereto, with Post Office addresses of701, 714, 725, 726, 735, 738, 745,750, 759, 762, 775, 774, 785, 786, 795 and 798 Fernwood ,Road, Village of Key Biscayne, Florida are zoned as VR (Village Residential). The Village Manager shall cause the Official Zoning Map to be so marked. Section 4. . Severability. That the provisions' of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date of Ordinance: That this Ordinance shall become effective upon adoption on second reading. 2 1 PASSED AND ADOPTED on first reading this 28th day of January 2003. PASSED AND ADOP 1'ED on second reading this 25th day of February , 2003. 71-6 CettaviLri, MAYOR ROBERT OLDAKOWSKI ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD JAY WEISS, VILLAGE ATTORNEY 103001/ordinances/rezoning Femwood 3 CANIBIT "An 24-.5205-003-0010 701 FERNWOOD RD RISC KEY ESTS RESUB LOT 1 LOT SIZE 100 24-5205-003-0020 725 FERNWOOD RD RISC KEY ESTS RESUB LOT 2 LOT SIZE 24-5205003-0030 735 FERNWOOD RD 5 & 6 55 42 RISC KEY ESTS RESUB LOT 3 LOT SIZE PB 55-61 X 110 _24-5205-003-0040 745 FERNWOOD RD BiSCAYNE KE? ESTS RESUB PB 55-61 LOT 4 LOT SIZE 72.43 X.110 24-5205-003-0050 759 FERNWOOD RD BISC KEY ESTS RESUB LOT 5 LOT`SIZE 72.430 X 110.. 24.-5205-003-0060 775 FERNWOOD RD MSC KEY ESTS RESUB LOT 6 LOT SIZE PE 55-61 PB 55-61 27.430 X 110 24-5205-003-0070 785 FERNWOOD RD RISC KEY ESTS RESUB PB 55-61 LOT 7 LOT SIZE 72.430 X 110 FERWOOD KEY CORPORATION 3191 CORAL.WAY STE 403 MIAMI FI, 33145-3220 BABYLON INTERNATIONAL INC 180 ISLAND DR KEY BISCAYNE FL. 33149-2410 Inutrozrtriedif0E-JR;.]&w MARIA c 1711 KEEBLER RD P0BOX 533 COLLINSVILLE:IL 62234 KATHLEEN J SINGER 745 FERNWOOD RD KEY BISCAYNE FL 33149-2405 BETTY RUTH JAMES 360 HARBOR LN KEY BISCAYNE FL 33149-1712 STEVEN EARL &W HILARY 775 FERNWOOD RD KEY BISCAYNE FL 33149-2405 PAUL A MALAVENDA &W MARGARITA 785 FERNWOOD RD KEY BISCAiYNE FL 33149-2405 '24-5205-001-2760 738 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 3 BLK 17- r\ LOT SIZE 77.260 X 100 G O READ & E R READ. 1489 S MIAMI AVE MIAMI FL 33130-4316 24-5205-001-2770 STEPHEN D OIMORE 750 FERNWOOD RD 750 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 KEY BISCAYNE FL 33149-2406 LOT 4 BLK 17 LOT SIZE 77.260 X 100 24-5205-001-2780 762 FERNWOOD RD 5 & .6 55 42 BISCAYNE KEY ESTS PB 50-61 LOT 5 BLK 17 •LOT SIZE 77.260 X 100 24-5205-001-2790 774 FERNWOOD RD BISCAYNE KEY ESTS. PB 50-61 LOT 6. BLK 17 LOT SIZE 77.260 X 100 24-5205-001-2800 .786 FERNWOOD RD BISCAYNE KEY ESTS •PB 50-61 LOT 7 BLK 17 • LOT SIZE 77.260 X 100 24-5205-001-2810 798 FERNWOOD RD S & 6 55 42 BISCAYNE. KEY ESTS PB 50-61 LOT 8 BLK 17 LOT SIZE 81.770 X 100 MARY-HODGE ALBANESE 762 FERNWOOD RD KEY BISCAYNE FL .31149-2406 EDWARD J SWINDELL % SLOAN 774 FERNWOOD RD KEY BISCAYNE.FL 33149-2406 LEONARDO F BRITO &W HEIDI A 786 FERNWOOD RD KEY BISCAYNE FL 33149-2406 HENRY L DUNCOMBE JR &W ALICE C 798 FERNWOOD RD MIAMI FL 33149-2406 24-5205-001-2740 714 FERNWOOD RD BISCAYNE KEY;ESTS LOT 1 LOT SIZE .B13-50-61 BLK 17 77.360 X 100 24-5205-001-2750 726 FERNWOOD RD 5-6 55 42, BIS'C2YN13'',EEgESTS PB 50-61 LOT 2 BLK 17 LOT SIZE 77.260 X 100 24-5205-003-`0080 795 FERNWOOD RD RISC KEY E.STS RESUB LOT 8 LOT SIZE 83.640 X • PB 55-61 110 VKB HOLDINGS 714 FERNWOOD ROAD KEY BISCAYNE FL 33149 .FABRICIO J SCHETTINI''&W"JOVITA B 726 FERNWOOD RD KEY BISCAYNE FL 33149-240& rr` AGUES M KALMAN & JOEL M KALMAN ROBERT C KALMAN 842 CHPSNUT a MARCO ISLAND FL 34145 r- ORDINANCE NO. 2003 -1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-102 "GU GOVERNMENT USE DISTRICT" RELATING TO DEVELOPMENT STANDARDS AND PROCEDURES FOR GOVERNMENTAL USES; AMENDING SECTION 30-108 "PROS PUBLIC RECREATION AND OPEN SPACE DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that it is appropriate and reasonable to amend the GU Government Use and PROS Public Recreation and Open Space Districts in order to clarify and to provide for additional standards and processes for designating uses in these districts; and WHEREAS, the Local Planning Agency at a duly called public meeting has heard and recommended the adoption of this ordinance as consistent with the Village Comprehensive Plan; and WHEREAS, this proposed ordinance has been properly noticed and heard in conformance with Section 166.041, Florida Statutes, relating to zoning ordinances, and in conformance with the Village Zoning and Land Development Regulations; and WHEREAS, the Village Council has determined that this ordinance is consistent with the criteria in Section 30-71 of the Villa• e Zoning and Land Development Regulations and is consistent with the Village Master Plan; and WHEREAS, the Village Council finds that this ordinance will promote the health, safety and welfare of the citizens of the Village. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. > Section 30-102 Amended. Section 30-102 "GU Government Use District" of the Zoning and handDevetopment Regulations ofthe Village ofKeyBisdayne is hereby amended as follows: Sec. 30-402.x•" GU Government Use Dtsirfett (a) GU Description. Upon the acquisition of ownership of or a long term lease (5 years or longer) of land by the Village, the VillageManagerordesigneeshall indicate on the Official Zoning Man thatthe, zoning district designation >for : the property is GU, Government Use. Purpose and Uses. ,. District ei ose. i Main Pperrnitted u,J ..tr Uses, .� `C© p'ttion , . .N 1 CK,..i . .�Aa't Accesso '-rr vses Vn ProhiMpblted M[. esOli,u 1. -:.'. This district is designedtopermitland owned by a goveiuniental entity to be used for any public purpose Governmental _buildings and None Any Use customarily associated with the Main Permitted Use (See Sec. 30- 111) Any Use not listed as Main Permitted Use,, Conditional Use, or Accessory Use (See Sec. 3-- 113) facilities such as but not limited to, schools, offices, post offices, parks, open space, community centers, recreational buildings, police and Tire stations .: , i (b -) Development Regulations. (Setback, Leight, , Lot Coo Laag., flee. __u�d ri vi wins tin- Sit Plar, In approving development for lands designated GU, the Council shall use the following Development Regulations. in adj a.,.,” i.,ts as a suia� Additional text for second reading is double -underlined., deleted text for second reading is Floor Area ' Maximum Lot Coverage Lot Area Setback Ratio Height .75 35 ft. 35% No minimum 5 ft., except where prior zoning district has a more liberal setback standard, which shall then apply (d)fei .:'D y In; s,luui6 ,d tiU Cjuv%.4iinut,utal UOld u P1 pa istlitt 111 a..lnailucr consist... i tln.. IncwL± ylcut. Approval Process. Prior to establishing any new use of lands designated GU, the Village shall conduct the following public hearing(s): 1. The Village Council shall conduct a public hearing to determine the use(s) to which p articular 1 and p urchased for g ovemmental use m ay b e p ut. T he p ublic hearing Before the Village Council shall be held upon at least fifteen (15) days notice of the time and place of such hearing published in a newspaper of general circulation in the Village. A courtesynotice containing general information as to the date, time, and place of the hearing, the property location and general nature of the proposed use may be mailed to the property owners of record within a radius of three hundred (300) feet of the .property on which the facility will be located, or such greater distance as the Village Manager may prescribe; provided, however, that failure to Additional text for second reading is double -underlined; deleted text for second reading is duubk-shu,,Lu. mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. To provide additional notice to the public, the property shall be posted by a sign or signs indicating the action desired and the time and place of the public. hearing thereon. At the public hearing the Village Council shall consider the use(s) to which ,the aand..chould-be. put„ from the list of -uses in paragraph (b)above, considering among other factors a recommendation by the Village Manager (if any), the public need therefor and the existing land use pattern in the area. After considering these factors and any public comment, the Village Council shall adopt a: resolution establishing the use(s) for the property and take such action as is necessary to promote and protect the public health, safety and welfare of the citizens and residents of the Village. 3. If the use(s) approvedbvthe Village Council include the construction of any buildings or structures on the property, the Village Council shall conduct another public hearing prior to the commencement of any construction activity. That public hearing shall be noticed in thesamemanner as the initial hearing described in (d)1 above. At the public hearing the Village Council shall review and evaluate a detailed site plan for the property. including all buildings and improvements. At a minimum, the site plan shall contain a schedule of development criteria as set forth in (c) above. In its review and approval, the Village Council shall apply, the development Additional text for second reading is double -underlined; deleted text for second reading is. VII Ulf. -J Ll ILkLLdf. 4 trsa regulations in (c) above, except that the Village Council may waive the regulations or any part of the regulations in the interest of the public health, safety and welfare to provide the facilities to serve the public. After considering the site plan, recommendations of the Village Manager (if any) and public comment, the Village Council may by resolution take such action as it deems necessary or appropriate to promote and protect the public health, safety and welfare of the citizens and residents of the Village, including the approval of the site plan with any modifications thereto. jJ{dj Change Upon Sale or Lease Expiration. Upon the sale (or expiration of a long term lease) of GU land that was owned (or leased) by a svvldllllltdlt0.l a6 to a aan- go en.n�e.�tal agcucy the Village, the Village Council shall change the zoning district designation pursuant to the procedures established in this vnlina..ce section. fl Conflict: This Section 30-102 shall be the exclusive regulation governing lands designated GU, and to the extent that it conflicts with any other section of this chapter, this section shall control. Section 3. Section 30-108 Amended. Section 30-108 "PROS Public Recreation and Open Space Use District" of the Zoning and Land Development Regulations of the Village of Key Biscayne is hereby amended as follows: Sec. 30-108. PROS Public Recreation and Open Space Use District. (a) Purpose and Uses. The PROS Public Recreation and Open Space Use District is an alternativezoning district to the GU Government Use District, where the Village has Additional text for second reading is double -underlined; deleted text for second reading is duuljll,-btLiL,kl it 5 ownership or a long term lease (5 years or morel of land and desires to usethe land for public recreation or open space purposes. District Purpose Main l'errrutted Conditional Accessory Prohibited Uses This district is Parks, swimming None Any Use Any Use not listed designed fa permit pools and decks cust°Inarily a Main Permitted p u b l i c ngn omxi�cial ' + , r'eereattonal'°' or open snace"UseS I , l F, . ie L d0�' ActyXegand,.pssiu1e r creational -Us s x t � ^i � :� rt �' �; associated with the �, : M�a se- permitted USe, (See Sec.,.3A , as Use, Conditional (Jse or accessory Use (pee Sec. 30-113) (b) Development Regulations. (Setbaek�, lac tt, hat Co v rage, Tl. ai Area Rate, P �k:ug t kLe.) ,Call L s t fL th 011 a Slt 1 la1t that la al y1uv�d Ly tk. Vallas Cuu,.i,i• It114vat,. vIL% thL, St.t P1a1CIn approving development for lands. designated PROS the Village Council shall use the following Development Regulations, rtt do adjaee11. d i%,t� ao a guldo zit Floor Area Maximum Lot Coverage Lot Area Setback Ratio Height r 75 20ft. 15% No nunnnum 5 ft., except where prior zoning d istrict h as a more liberal setback standard, which shall then apply . Approval Process. Prior to establishing any new use of lands Additional text for second reading is double -underlined; deleted text for second reading is double strielcen. 6 that: are designated PROS, the Village shall conduct a public hearing or hearings pursuant to the procedures set forth in Section 30-102 GU Government Use District. Upon the sale (or expiration of a long term lease) of PROS land that was owned (or leased) by the Village, the Village Council shall change the zoning district designation pursuant to the procedures established in Section 30-102 GU Government Use District Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, c lauses, a nd phrases o f t his 0 rdinance b ut they s hall r emain i n e ffect, i t b eing t he legislative intent that this. Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance maybe renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of January, 2003. Additional text for second reading is double -underlined; deleted text for second reading is 7 PASSED AND ADOPTED on second reading this l l th day of February , 2003. MAYOR ROBERT OLDAKOWSKI APPROVED AS TO FOOtM AND LEGAL. SUFFICIENCY:: VI LAGE.AORNW Additional text for second reading is double -underlined; deleted text for second reading is doable -stricken.