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20160127 BMAAIAMI BEACH Presentations & Awards/Com mission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive January 27,20'|.6 Mayor Philip Levine Commissioner John Elizabeth Alem5n Commissioner Ricky Arriola Comm issioner Kristen Rosen Gonzalez Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visrt us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any Gity Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA 1. Call to Order - 5:00 p.m. Pledge of Allegiance. Requests for Additions, Withdrawals, and Deferrals 2. 3. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, January 27, 2016 Presentations and Awards pA1 Recognition to City of Miami Beach Fire Department for their participation in Miami-Dade Stroke Consortium (MDSC). (Fire) pA2 Proclamation To Be Presented To Dr. Rabinowitz And Miami Beach Community Health Center For Their Outstanding Work Caring For Our Citizens. (Sponsored By Mayor Philip Levine) PA3 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates For Fall 2015. (Office of the CitY Manager) pA4 Honoring The Miami Beach Visitor And Convention Authority (VCA) And lts Board Members For Winning First Place ln The Best Wedding Destination, U.S. & Canada Category ln The 2016 Edition Of The Prestigious Trawy Awards. (Sponsored by Commissioner Joy Malakoff) PAs Certificates Of Appreciation To Be Presented To Maria Maquieira, Octavio Rodriguez, And Lisa Spence, Employees Of Walgreens ln Miami Beach, Who Donated Over 1000 Toys To The Miami Beach Fire Department's AnnualToy Drive. (Sponsored by Commissioner Micky Steinberg) PA6 Recognition Of Big Brothers Big Sisters Of Greater Miami ln Celebrating January 2016 As National Mentoring Month, A Nationwide Awareness Campaign Promoting Mentoring And The Extreme Need For Mentors ln South Florida. Big Brothers Big Sisters President And CEO Lydia Muniz, A Miami Beach Resident, Will Present Opportunities To Become Mentors To Local Children At Risk. (Sponsored by Commissioner Micky Steinberg) PA7 Certificates Of Recognition To Be Presented To Officers Omar Marrero And Vincent Stella. (Sponsored by Commissioner Michael Grieco) 2 Commission Agenda, January 27, 2016 REGULAR AGENDA R5 - Ordinances R5A CD-2 Height For Mixed-Use On Alton Road An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142"Zoning Districts And Regulations," Article ll "District Regulations", Division 5,"CD-2, Commercial, Medium-lntensity District," At Section 142-306, "Development Regulations," By lncreasing The Maximum Permitted Height For Properties On The West Side Of Alton Road From 6th Street To Collins Canal Providing For Codification; Repealer; Severability; And An Effective Date. 5:01 p.m. Second Readinq Public Hearinq (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading on January 13,2016 - R5M) R7 - Resolutions R7A A Resolution Accepting The Written Recommendation Of The City Manager Regarding The Existence Of A Public Emergency And, Accordingly, Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Further That The Best lnterest Of The City Would Be Served By Such Waiver; Authorizing The City Manager Or His Designee To Negotiate Amendment No. 5 To The Design-Build Agreement Between The City And Lanzo Construction Co. (Lanzo), Approved Pursuant To Resolution No. 2014-28765, For The Sunset Harbour Pump Station Retrofit And Drainage lmprovements Project; Said Amendment ln The Amount Of $2,000.000 Plus A $200,000 Contingency, For A Total Amount Of $2,200,000, To Bring Dade Boulevard (West Avenue To Purdy Avenue) To A 3.7 Feet NAVD Elevation, Water, Sewer, Stormwater lmprovements, Seawall, Landscaping, Lighting, lrrigation, And Street Signalization. (Public Works) R7B A Resolution Authorizing The City Manager To Approve The Sunset Drive Water Main Replacement Project Utilizing The Competitively Bid National Joint Powers Alliance (NJPA) Cooperative Contract For Construction Services With The Gordian Group. (Public Works) R7C A Resolution Accepting A Utility Easement From The Board Of Trustees Of The lnternal lmprovement Trust Fund Of The State Florida, Owner Of The Sovereignty Submerged Lands Located ln Section 11, Township 53 South, Range 42 East,ln lndian Creek, Miami-Dade County, For The Construction, lnstallation, Maintenance, Repair, And Replacement Of Water Mains; And Further Authorizing The Administration And City Attorney's Office To Finalize A Grant Of Easement Agreement. (Public Works) 3 Commission Agenda, January 27, 2016 R9 - New Business and Commission Requests RgA Presentation Of The MBPD's New Recruitment Video. (Police) End of Agenda 4 Presentations and Awards PA1 Recognition to City of Miami Beach Fire Department for their participation in Miami-Dade Stroke Consortium (MDSC). (Fire) PA2 Proclamation To Be Presented To Dr. Rabinowitz And Miami Beach Community Health Center For Their Outstanding Work Caring For Our Citizens. (Sponsored By Mayor Philip Levine) PA3 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates For Fall 2015. (Office of the City Manager) PA4 Honoring The Miami Beach Visitor And Convention Authority (VCA) And lts Board Members For Winning First Place ln The Best Wedding Destination, U.S. & Canada Category ln The 2016 Edition Of The Prestigious Trawy Awards. (Sponsored by Commissioner Joy Malakoff) PAs Certificates Of Appreciation To Be Presented To Maria Maquieira, Octavio Rodriguez, And Lisa Spence, Employees Of Walgreens ln Miami Beach, Who Donated Over 1000 Toys To The Miami Beach Fire Department's Annual Toy Drive. (Sponsored by Commissioner Micky Steinberg) PAO Recognition Of Big Brothers Big Sisters Of Greater Miami In Celebrating January 2016 As National Mentoring Month, A Nationwide Awareness Campaign Promoting Mentoring And The Extreme Need For Mentors ln South Florida. Big Brothers Big Sisters President And CEO Lydia Muniz, A Miami Beach Resident, Will Present Opportunities To Become Mentors To Local Children At Risk. (Sponsored by Commissioner Micky Steinberg) PA7 Certificates Of Recognition To Be Presented To Officers Omar Marrero And Vincent Stella. (Sponsored by Commissioner Michael Grieco) Asenda rtem PAI ^'l oate l-L71b5 THIS PAGE INTENTIONALLY LEFT BLANK 6 COMMISSION ITEM SUMMARY Kev lntended Outcome lncrease satisfaction with neighborhood character. lncrease satisfaction with development and growth management across the City. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the etfort put forth by the City to regulate development is "about the right amount." Item S ummary/Recommendation : SECOND READING - PUBLIC HEARING The subject Ordinance would allow an increase in height from 50 feet to 60 feet for mixed-use and commercia.l buildings that provide structured parking and are located on the west side of Alton Road between 6'n Street and the Collins Canal. On September 9,2015, the Land Use Committee discussed the item and recommended that an Ordinance be referred to the Planning Board. On October 14, 2015, the City Commission referred the item to the Planning Board. On January 13, 2016, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; 2) approved the attached Ordinance at First Reading; and 3) scheduled a Second Reading Public Hearing for January 27,2016. The Administration recommends that the City Commission adopt the Ordinance. AcENDA reu RSA Condensed Title: An Ordinance proposing increasing the maximum to Collins Canal. to amend the CD-2, Commercial, Medium-lntensity District, regulations by permitted height for properties on the west side of Alton Road from 6th Street On November 24,2015, the Planning Board transmitted the proposed ordinance amendment to the City Commission with a favorable recommendation, and with a modification that it apply to both commercial and mixed-use buildings. (Vote 5-1) Financia! I nformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budqet. Thomas Mooney T:\AG EN DA\20 1 6\January\Plan n i n g Jan 27\Alton CD2 Heights - SECOND Reading MIAMIBEACH o^re vlTlb7 MIAMIBEACH Cify of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov SSION MEMORANDUM AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CIry CODE, BY AMENDING CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS'" DIVISION 5, "CO.2, COMMERGIAL, MEDIUM.INTENSIW DISTRIGT," AT SECTION 142.306, "DEVELOPMENT REGULATIONS," BY INCREASING THE MAXIMUM PERMITTED HEIGHT FOR PROPERTIES ON THE WEST SIDE OF ALTON ROAD FROM 6TH STREET TO COLLINS CANAL PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFEGTIVE DATE. ADMI NISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On July 8,2015, at the request of Commissioner Joy Malakoff, the City Commission referred this item to the Land Use and Development Committee (ltem C4F). On July 29,2015, the Land Use Committee continued the item to September 9, 2015. On September 9, 2015, the Land Use Committee discussed the item and recommended that an Ordinance be referred to the Planning Board. On October 14,2015, the City Commission referred the item to the Planning Board (ltem R9l). ANALYSIS Currently, all new construction within CD-2 districts along the west side of Alton Road from 6th Street to Collins Canal is limited to 50 feet in height. At the September 9, 2015 Land Use Committee meeting, representatives of the property owner at 1698 Alton Road made a presentation to the Committee regarding a proposed increase of ten in the overall height limit for mixed-use projects providing structured parking on the west side of Alton Road between 6th Street and Collins Canal. The following is a summary of the proposal made to the Committee: ' The ordinance should only apply to properties in non-historic districts and not in the Alton Road buffer overlay, so the properties on the easf srde of Alton Road (which are in the Flamingo Park Historic District) should not be affected. TO: FROM: DATE: SUBIECT: Mayor Philip Levine and Members the City Jimmy L. Morales, City Manager January 27,2016 Ordinance Amendment - CD-2 SECOND READING - PUBLIC HEARING ht For Mixed-Use On Alton Road 8 Commission Memorandum Ordinance Amendments - CD-2 Height For Mixed-Use On Alton Road January 27,2016 Page 2 of 2 The proposal will not increase floors/stories (this would remain at five sfories) and will not increase FAR - simply an additional 10 feet in height. The propefties here are CD-2 which already permit RM-2 FAR and sefbacks for propefties containing at least 25% residential uses. The additional 10 feet in height is what is permitted in RM-2 as well. ' The extra 10 feet will be utilized in part to build projects to meet new sea level rise elevations. The current code as written allows five functional stories at 50 feet. The amendment will allow 5 functional sfories at 60 feet. ' Providing parking within the building (particularly when additional parking is provided beyond the required amount) should be incentivized in the Alton Road parking District - instead of pushing projects to have off-site parking. The proposal to increase the maximum height for mixed-use buildings is not expected to have a significant impact on the scale, context and character of the west side of Alton Road, as the CD-2 zones on the west side of Alton Road are adjacent to RM-1 (maximum allowable height of 50 feet) and RM-2 zones (maximum allowable height of 60 feet). Additionally, any future development proposal would still be subject to Design Review Board (DRB) approval, as well as Planning Board approval if the development project exceeds 50,000 square feet in size. PLANNING BOARD REVIEW On November 24,2015, the Planning Board transmitted the proposed ordinance amendment to the City Commission with a favorable recommendation. The Planning Board also recommended that the proposed Ordinance apply to both commercial and mixed-use buildings, and from 6th Street to Collins Canal. The recommendations of the Planning Board have been incorporated into the text of the proposed Ordinance. FISCAL IMPACT ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. UPDATE / SUMMARY The subject Ordinance was approved at First Reading on January 13,2016. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JLM/SMT/TRM/RAM T:\AGENDA\2O16Uanuary\Planning Jan 27\Alton Road CD2 Heights - SECOND Reading MEM.docx 9 CD.2 HEIGHT FOR MIXED.USE ON ALTON ROAD ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE GIry OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142..ZON!NG DISTRICTS AND REGULATIONS," ARTICLE I! "DISTRICT REGULATIONS", DIVISION 5, "CD-2, COMMERGIAL, MEDIUM-INTENSITY DlsTRlcT," AT SECTION 142-306, "DEVELOPMENT REGULATIONS," By INCREASING THE MAXIMUM PERMITTED HEIGHT FOR PROPERTIES ON THE WEST SIDE OF ALTON ROAD FROM 6TH STREET TO COLLINS CANAL PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach recognizes the unique character of the mix of uses and parking demand on Alton Road, thus establishing the Alton Road Parking District (Parking District No. 6); and WHEREAS, the land development regulations already provide that the setback and floor area regulations for mixed-use projects in the CD-2 zoning district be the same as the RM- 2zoning district;and WHEREAS, the RM-2 zoning district provides a maximum height of 60 feet; and WHEREAS, the City desires to amend Chapter 142, Article ll, Division 5 "CD-2, Commercial, Medium-lntensity District", at Section 142-306, "Development Regulations" to increase the height within the CD-2 along the West side of Alton Road from 6th Street to Collins Canal from 50 to 60 feet, but not increasing the number of stories allowed in the district; and WHEREAS the Planning Board, at its meeting dated November 24,2015 by a vote of 5- 1 recommended in favor of the Ordinance; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMIBEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Dbtricts And Regulations," Article ll, "District Regulations", Division 5, "CD-2, Commercial, Medium-lntensity District," at Section 142-306, "Development Regulations," is hereby amended as follows: Sec. 142-306. - Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: 10 Maximu m Floor Area Ratio Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Apartment Unit Size (Square Feet) Average Apartment Unit Size (Square Feet) Maximum I Maximu Building I mHeight I Number(Feet) I ofI Stories 1.5 Commerci al-None Residenti al-7,000 Commerci al-None Residential -50 Commercial _N/A New construction -550Rehabilitate d buildings- 400 Non-elderly and elderly low and moderate income housing: See section 142-1183 Hotel unit: 15o/o: 300-335 85%: 335+ For contributing hotel structures, located within a local historic district or a national register district, which are being renovated in accordance with the Secretary of the lnterior Standards Commercial _N/A New construction -800Rehabilitated buildings- 550 Non-elderly and elderly low and moderate income housing: See section 142-1183 Hotel units- N/A 50 (except as provided in section 142-1161). Self-storage warehouse - 40 feet, except that the building height shall be limited to 25 feet within 50 feet from the rear property line for lots abutting an alley; and within 60 feet from a residential district for blocks with no alley._ Mixed-Use and Commercial Buildinqs that include structured parkino for properties located on the west side of Alton Road-@ Street to Collins Canal - 60 feet. 5 (except AS provided in section 142-1161) Self- storage warehous e:4 11 and Guidelines for the Rehabilitati on of Historic Structures as amended, retaining the existing room configuratio n shall be permitted, provided all rooms are a minimum of 200 square feet. Additionally, existing room configuratio ns for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 12 SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFEGTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this _ day of 2016. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM ^ n Ar\D #i=T|S..YfrSf citv ettorneufr.fi Date First Reading: Second Reading: January 13,2016 January 27,2016 Verified By: Thomas R. Mooney, AICP Planning Director Underline = new language S+ike+reugn = deleted language (Sponsored by Commissioner Joy Malakoff) T:\AGENDA\201OUanuary\Planning Jan 27\Alton Road CD2 Heights - SECOND Reading ORD.docx 13 s I Localcl Stae | ,mnrrillndl ItEoYtriltflEmb l*uilruu.or AAIAMIBTACH CITY OF MIAMI BEAGH NOTICE QF PUBLIC HEARING ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS - CD-2 HEIGHT FOR ilCIXED-U$E ONALTON ROAD NOTICE lS HEREBY given that a Second ReadingiPublic Hecring will be heerd by the Mayor and City Commission ol the City of Miami Beach, Floride, in the Commissian Chambers, 3rd Floor, City Hall, 1700 Convention Center Frive, Miami Beactr, Florida, on January 27,2016 at 5;01 p.m., or as soon thereafter as the matter car be heard, to considex CD-Z Height For Mixed-Usa On Alton Road An OrdinanceAmendingTh6 Land Development Regulations Of The City Code, By Amending Chapter 'l42 "Zoning DistrictsAnd Begulationsl Article ll "District Regulations? Division 5, "CD-2, Commercial. Medium^lntensity Districtl At Section 142-306, "Development Regulationsl By lncreasing The Maximum Permitted Height for Propefties On The West Side Of Alton Road From 6rh StreetTo Colfins Canal Froviding For Codification; Repealer; Severability; And An Effec{ive Date. lnquiries may be directad to the Flanning Depertmeht st 305.673.7550. INTERESTED PABTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing eddressed to the City Commiseion, c/o the City Clerk, 17O0 Convention Cenler Drive, 1L Floor, City Hall, Miami Beactr, Flarida 33139.This item is available for public inspection during normal business hours in the Office of th€ City Clerk, 17oo Convention Center Drive, 1s Floor, Citrr Hali, Miami Beadr, Florida 33139.This meeting, or any item herein, may be oontinued, and under suc*r circumstances, additional legal notiee need not be provided. Pursuant lo Section 286.0105. Fla- $tx., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, sudr person must en5ure that a verbatim record of the proceedings ir made, whicft record includes the testimony and evidence upon which the appeal is to bo based. This notice does not constituie consent by the CiW for the introduction or admission of otherwise inadmissible or inelevant evidence, nor does it authorize etrallengx or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or panicipate in any City-sponsored proceedings, catl 305,604.24t19 and select 1 for English or 2 tor Spanish, then option 6;TTY users may callvia 711 (Florida Relay Service). Bafael E. Granado, City Clerk City of Miami Seadr Ad 1120 PublishThursday, January t4, 2O16. inThe Miami Herald Beacfi Neighbors 14 nuffoaYraxultraldl6 Ifi.f,xfra.s.u I NEIGIrB0RS ]| ?Nr MIAMIBEACH CITY OF MIAMI BEACH NOTIGE OF PUBLIC HEARING ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS - CD.2 HEIGHT FOR MIXED-USE ON ALTON ROAD NOTICE l$ HEEEBY given that a Second Reading/Public Hearing will he heard by the Mayor and City Cornrnission of the City of Miami Beach, Florida, ifi the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on January 27, ?Ol5 at 5:Ot p.m., or as soon thereafter as the matter can be heard, to consider: CD-2 Helght For Mlxod*Use On Alton Hoad An Ordinance Amending The Land Developmefit Begulations Of The Oity Code, By Amending Chapter 142 "Zoning Districts And Begulations," Article ll "District Begulations", Division 5, "CD-2, Commercial, Mediurn- lntercity District,' At Section 142-306, oDevelopment Regulations," By lncreasing The Maximum Fermitted Height Fcr Proporties On The West Side Of Alton fioad From 6m Street To Collins Canal Providing For Codification; Repealer; Severability; And An Effective Date. lnquiies may be dirccted to the Planning Depafiment et 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an ag6nt, or to express their views in writing addressed to the Ciry Commis$ion, c/o thfi City Clerk, 17@ ConvEntion C€nter Drive, 1d Flodr, City Hall, Miafii B6ach, Florida 33139. This item is available for public inspection during normai business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1"t Floor, City Hall, Miami Beach, Flodda 3313S" This meeting, or any item herein, may be continued, and under such circurnstailces, additional legal notice need not be provided. Pursuant to Sgstisn 286.0105, fta. Stat,, the City hereby advises rhe public that if a per$orl decides to appeal any decision made by the City Gommission with respect to any rnatter considered at its meeting or its hearing, such person must ensure that a verbatim rec,ord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Thi$ notice does not constitute consent by tha City for the introduction or admission of otherwise inadmissible or lrrelevant evidence, nor does it authorize challenges or appeals not otherwise altowed by law. To request this material in altemate format, sign language lnterpreter {five-day notice required), information on access for persons with disabilities, and./or any accomrnodatlon to review any document or particlpate in any City-sponsored proceedings, catl 305.6O4.2489 and select 1 for Snglish ar 2 fan Spanish, then option 6; TTY users may call via 71'1 (Florida Helay $ervice). Bafael E. Grarado, City Cle* City of Miami Beach Ad 1120 15 THIS PAGE INTENTIONALLY LEFT BLANK 16 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Written Recommendation Of The City Manager Regarding The Existence Of A Public Emergency And, Accordingly, Waiving, By 5/7"'Vote, The Competitive Bidding Requirement, Finding Further That The Best lnterest Of The City Would Be Served By Such Waiver; Authorizing The City Manager Or His Designee To Negotiate Amendment No. 5 To The Design-Build Agreement Between The City And Lanzo Construction Co. (Lanzo), Approved Pursuant To Resolution No. 2014-28765, ForThe Sunset Harbour Pump Station Retrofit And Drainage lmprovements Project; Said Amendment ln The Amount Of $2,000.000 Plus A $200,000 Contingency, For A Total Amount Of $2,2000,000, To Bring Dade Boulevard (West Avenue To Purdy Avenue) To A 3.7 Feet Navd Elevation, Water, Sewer, Stormwater lmprovements, Seawall, lrriqation, And Street Siqnalization. lntended Outcome Su Ensure Well Maintained lnfrastructure Item Summary/Recommendation : The City has a Design/Build contract agreement with Lanzo Construction Co. (Lanzo) for work associated with the Sunset Harbour Neighborhood lmprovement Project. This project includes landscaping, lighting, water, sewer, drainage, paving, and the retrofit of the three pump stations. As part of the Design/Build contract, Lanzo is currently performing roadway work within Purdy Avenue, Dade Boulevard and Sunset Drive. Sunset Harbour neighborhood residents are requesting that since work is already taking place, that the street already under construction should also be raised to a 3.7 feet NAVD elevation, the new street elevation requirement to prevent future flooding from sea level rise and heavy rainfall events. Public Works requested Lanzo to provide an additional cost proposal to include the new roadway improvement on Dade Boulevard, between West Avenue and Purdy Avenue, as well as street signalization and seawall repairs. The new estimate came back in the amount of $2,000,000, plus a $200,000 contingency, for a total amount of $2,200,000. These funds will be reimbursed by Miami-Dade County once the NJPA is submitted and approved by City Commission. Public Works Staff reviewed the proposal and deems the cost to be fair and reasonable. THE ADMINISTR.ATION RECOMMENDS ADOPTING THE RESOLUTION. Financial lnformation : inancial lmpact Summary: Funding will be reimbursed by Miami-Dade County once the NJPA is submitted and approved by City Commission at its February 10,2016 meeting. STORMWATER BONDS SERIES 2015 Eric Carpenter, Public Works X6012 Siqn-Offs: Department,Director Assistant City Manager City Manag .r :=l[[-J</'\ETC JLM f\ 16\January\Public Works\January 27\Sunset Harbour Pump Station lmprovements. summary.docT:\AGENDA\20 AGENDA ITEft,l R? A amc Fn4b# MIAMIBNATH 17 g MIAMIBEACH City of Miqmi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov MEMO # TO: COMM]SSI MEMORANDUM Mayor Philip Levine and Members of/fhe City Co FROM: Jimmy L. Morales, City Manager DATE: January 27,2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER REGARDING THE EXISTENCE OF A PUBLIC EMERGENCY AND, ACCORDINGLY, WAIVING, BY 5/7TH VOTE, THE COMPETTTIVE BIDDING REQUIREMENT, FINDING FURTHER THAT THE BEST INTEREST OF THE CITY WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 5 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE C|TY AND LANZO CONSTRUCTTON CO. (LANZO), APPROVED PURSUANT TO RESOLUTION NO. 2014.28765, FOR THE SUNSET HARBOUR PUMP STATION RETROFIT AND DRAINAGE IMPROVEMENTS PROJECT; SAID AMENDMENT lN THE AMOUNT OF $2,000.000 PLUS A $200,000 CoNTINGENCY, FOR A TOTAL AMOUNT OF $2,200, 000, TO BRTNG DADE BOULEVARD (WEST AVENUE TO PURDY AVENUE) TO A 3.7 FEET NAVD ELEVATION, WATER, SEWER, STORMWATER IMPROVEMENTS, SEAWALL, LANDSCAPING, LIGHTING, IRRIGATION, AND STREET SIGNALIZATION. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution FUNDING Amount $2,200,000 BACKGROUND Account Number STORMWATER BONDS SERIES 2015 The City has a Design/Build contract agreement with Lanzo Construction Co. (Lanzo) for work associated with the Sunset Harbour Neighborhood lmprovement Project. This project includes landscaping, lighting, water, sewer, drainage, paving, and the retrofit of the three pump stations. As part of the Design/Build contract, Lanzo is currently performing roadway work within Purdy Avenue, Dade Boulevard and Sunset Drive, 18 Commission Memorandum - Sunsef Harbour Pump Station lmprovements Page 2 of 3 Sunset Harbour neighborhood residents are requesting that since work is already taking place, that the street already under construction should also be raised to a 3.7 feet NAVD elevation, the new street elevation requirement to prevent future flooding from sea level rise and heavy rainfall events. Public Works requested Lanzo to provide an additional cost proposal to include the new roadway improvement on Dade Boulevard, between West Avenue and Purdy Avenue, as well as street signalization and seawall repairs. The new estimate came back in the amount of $2,000,000, plus a $200,000 contingency, for a total amount of $2,200,000. These funds will be reimbursed by Miami-Dade Gounty once the NJPA is submitted and approved by City Commission. Public Works Staff reviewed the proposal and deems the cost to be fair and reasonable. CONCLUSION The Administration recommends adopting the Resolution. Attachment: Lanzo cost proposal JLMETAJffiBAMA/vRB/JJR T:\AGENDA\2016\January\Public Worksuanuary 27\Sunset Harbour Pump Stations lmprovements Amendment 5 Memo Dade Blvd Roadway lmp.doc 19 ATTACHMENT FINAL PROPOSAL TO BE SUBMITTED 20 RESOLUTION TO BE SUBMITTED 21 THIS PAGE INTENTIONALLY LEFT BLANK 22 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager To Approve The Sunset Drive Water Main Replacement Project Utilizing The Competitively Bid NationalJoint Powers Alliance (NJPA) Coooerative Contract For Construction Services With The Gordian T:\AGENDA\20 Build and maintain priority infrastructure with full accountability. Streamline the delivery of services through all Data (Surveys, Environmental Scan, etc: N/A Item Summarv/Recommendation: Prior to October, 2012,1he City acquired construction services for many small or emergency construction projects through a Job Order Contracting process (JOC) that enabled facility owners to accomplish a large number of repairs, maintenance and construction projects with a single, competitively bid contract, which eliminated the time and expense of completing the normal design-bid-construct cycle for each project. Prior to the award of these contracts, the City selected one of several available comprehensive catalogs of construction tasks established by one of several national organizations, such as RS Means or the Gordian Group. The catalogs contain almost every imaginable construction task possible and a unit of measure and pre-set unit prices for each construction task. Contractors were required to competitively bid an adjustment factor (e.9. 1.15) to be applied to the unit prices. The prospect of continuing work keeps the contractor motivated to provide timely, responsive, and high quality work. As authorized by Florida Statutes, the Finance and City-Wide Projects Committee (the "Committee") endorsed a recommendation by the Administration to utilize the indefinite quantity contract (lQC) for construction services to expedite the delivery of construction projects under $250,000 or for emergency projects as approved by the City Manager. The Committee's endorsement of the IQC process for small and emergency projects was approved by the City Commission on April 23,2014. The IQC process is similar to the previously used process by the City but with tighter controls, including a limit on design, additional competition on certain items and a small project threshold that limits exposure. The IQC process is used extensively by the local, state and federal governmental agencies throughout the United States to expedite the delivery of construction projects. The City, as a governmental agency member, is authorized to utilize the IQC contract for construction services competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group. The project replaces the existing water main along Sunset Drive from 20th Street to 2lstStreet. The existing 8-inch water main has reached its life expectancy of 70 years plus. The construction project will require open trench excavation and a portion of the water main being suspended from the stationary bridge. The duration of the construction will take approximately two (2) months to complete. The water main lmprovements includes installing approximately 400 linear feet of 12-inch of High Density Polypropylene pipe (HDPE) and fittings; traffic control and all ancillary and miscellaneous work. ln order to expedite the process the Public Works Depa(ment contacted the Procurement Office to request the use of the NJPA cooperative contractor procurement process to build the project and has chosen DMSI, lnc. for its previous good work in completing projects on time and on budget, to provide a proposal to build the improvements. The contractor submitted for review a proposal to complete the work. Based on City staff and NJPA Project Manager Review, the proposal submitted by DMSI, lnc. in the final amount of $295,845 has been considered reasonable for the type of work that is included. This project surpassed the $250,000 threshold limit approved by the City Commission for projects through the NJPA IQC contract award. Accordingly, in order to move forward with the completion of this project, approval is required to exceed the $250,000 project threshold limit which includes $29,585 for project contingency, for a project total not to exceed $ 326,000. The project supports the KIO of maintaining the City's infrastructure. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial lnformation: S.rbisct io m+3?"I U.,i; 3,.dqtt Arnznd,rrnt .v\ F<b*rrur cft ---------------- DepartmenbEifrlctor Assistant Citv Manaoer Citv tli naqer JJF s<{<'ETC JLM v'\ lEll lr WORKS\Agenda NJPA\63 ST WM Replacement NJPA - Summary.doc AGEND&tu D/ifE a-n4b# MIAnAtrBEACH 23 g MIAMIBEACH City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMI ION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: January 27,2016 MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE SUNSET DRIVE WATER MAIN REPLACEMENT PROJECT UTILTZING THE coMPETTTTVELY BtD NATTONAL JOTNT POWERS ALLTANCE (NJpA) COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING $ 326,000 384-2324-069357 - Sunset lslands 3 & 4 Neighborhood lmprovement BACKGROUND Prior to October, 2012, the City acquired construction services for many small or emergency construction projects through a Job Order Contracting process (JOC) that enabled facility owners to accomplish a large number of repairs, maintenance and construction projects with a single, competitively bid contract, which eliminated the time and expense of completing the normal design-bid-construct cycle for each project. Prior to the award of these contracts, the City selected one of several available comprehensive catalogs of construction tasks established by one of several national organizations, such as RS Means or the Gordian Group. The catalogs contain almost every imaginable construction task possible and a unit of measure and pre-set unit prices for each construction task. Contractors were required to competitively bid an adjustment factor (e.g. 1.15) to be applied to the unit prices. The prospect of continuing work keeps the contractor motivated to provide timely, responsive, and high quality work. As authorized by Florida Statutes, the Finance and City-Wide Projects Committee (the "Committee") endorsed a recommendation by the Administration to utilize the indefinite quantity contract (lQC) for construction services to expedite the delivery of construction projects under $250,000 or for emergency projects as approved by the City Manager. The Committee's endorsement of the IQC process for small and emergency projects was approved by the City Commission on April 23,2014. The IQC process is similar to the previously used process by the City but with tighter controls, including a limit on design, additional competition on certain items and a small project threshold that limits exposure. the City mtsston 24 Commission Memorandum -Sunsef Drive Water Main Replacement NJPA Page 2 of 2 The IQC process is used extensively by the local, state and federal governmental agencies throughout the United States to expedite the delivery of construction projects. The City, as a governmental agency member, is authorized to utilize the IQC contract for construction services competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group. The project replaces the existing water main along Sunset Drive from 20th Street to 21't Street. The existing 8-inch water main has reached its life expectancy of 70 years plus. The construction project will require open trench excavation and a portion of the water main being suspended from the stationary bridge. The duration of the construction will take approximately two (2) months to complete. The water main lmprovements includes installing approximately 400 linear feet of 12-inch of High Density Polypropylene pipe (HDPE) and fittings; traffic control and all ancillary and miscellaneous work. ln order to expedite the process the Public Works Department contacted the Procurement Office to request the use of the NJPA cooperative contractor procurement process to build the project and has chosen DMSI, lnc. for its previous good work in completing projects on time and on budget, to provide a proposalto build the improvements. The contractor submitted for review a proposal to complete the work. Based on City staff and NJPA Project Manager Review, the proposal submitted by DMSI, lnc. in the final amount of $295,845 has been considered reasonable for the type of work that is included. This project surpassed the $250,000 threshold limit approved by the City Commission for projects through the NJPA IQC contract award. Accordingly, in order to move forward with the completion of this project, approval is required to exceed the $250,000 project threshold limit which includes $29,585 for project contingency, for a project total not to exceed $ 326,000. The project supports the KIO of maintaining the City's infrastructure. CONCLUSION The Administration recommends approving the Resolution authorizing the City Manager to approve the Work Order for the Construction of the Sunset Drive Water Main Replacement project, subject to the capital budget amendment approval on February 10,2016. rLMtErg!@rBAMtrR \MlAMlBEACH1526\T_Drive\AGENDA\2016\January\Public Works\Sunset Drive Water Main Replacement NJPA - Memo.docx 25 DAVTD rlV\Nt"lNl & SCIN5 INC. GENERAL CONTRACTOR rqto Wdhington Ave, Suite 95o. Miami Beach, FL 33199 PH: (so5) 5sq-88e7 FAX: (so5) 5ec-EE35 1939 NW 4o't Ct. Pompano Beach, FL 33064 PH, (s54) s11-s556 FAX: (954) 944-eo4o December 15,20L5 fose Rivas, P.E., Civil Engineer III CMB, PUBLIC WORKS DEPARTMENT 1700 Convention Center Drive Miami Beach, FL 33139 Re: Sunset Drive Water Main Replacement, Miami Beach. We are hereby submitting a cost proposal for the design, permitting and replacement of the existing B" CI water main on Sunset Drive between 20rH Street and 21sr Street by a new 12" HDPE water main. The limits of the project will be between the existing B" valve on Sunset Drive and 20rH Street and the existing TEE on Sunset Drive and 21sr Street providing a temporary bypass over the bridge during the construction. In accordance with the existing conditions and available information we will be able to perform the work isolating the section of Water Main to be replaced shutting down the existing B" gate valve on Sunset Drive and 2OrH Street and three valves on Sunset Drive and 21st Street. Our proposal also includes the cost estimate to perform the final connection to the water main installed by the contractor of Sunset Harbor and also to the water main contractor of Sunset Island 4 if their water mains are certified and in operation. Phase # 1: To have an idea of the impact of the flow shortage in the island we will perform a WM shutdown monitoring and recording the pressures in the island for 24 hours. Phase # 2: Shutdown of the line and installation of about 150 LF of L2" HDPE/DIP from the S" valve located at 20th Street and Sunset Drive to the South side of the bridge and temporary tie in to the existing B" WM. Phase # 3: Shut down of the line and installation of about 120 LF of 12" HDPE/DIP from the TEE located in front of the fire hydrant by 21sr Street to a close proximity of the bridge by the North side making a temporary tie in to the existing B" WM. 26 ry IptYm P,}Y]P,I}INL INI ::::iii::= 1u"T*H'Jiinirto"roo rgro W6hington Ave, Suite 95o. Nliami Beach, FL 33t39 1939 NW 4o'i Ct. Pompano Beach, FL 93064 PH: (3o5) |se-aael FAX: (3o5) 53s-8635 PH: (ss+) e77-3556 FAX: (e54)e44-2o4o Phase # 4: Installation of a temporary bypass from tie inn points at the North and South side of the bridge running 12" HDPE on top of the bridge. Phase # 5: Removal of existing 8" CI Water Main and replacement by 1-2" HDPE DIPS under the bridge using the same openings and alignment. Phase # 6: Temporary tie-ins connections at both sides of the bridge, Phase # 7: WM Certification and placing the line in operation. Phase # 8: Final tie-ins connections on 2OrH Street and 2l-sr Street. Description Unit QW Unit Price Total Amount 12" HDPE Underthe bridse LF 130.00 400.00 52,000.00 12" HDPE/DlP Water Main Open Trench LF 270.@ 280.00 75,600.00 8"-12" Gate Valve EA 4.00 6,500.00 26,000.00 8"-12" Fittinss EA 14.00 800.00 11,200.00 l-2" Temoorarv Bvoass LS 1.00 ls.000.00 1s,000.00 Removal of Exlstins Water Main LF 400.00 30.00 12,000.00 Temoorarv 8" Water Main Connection EA 2.OO 5,500.00 11,000.00 Permanent Water Main Connection EA 2.00 12,000.00 24,000.00 Concrete Restoration SF 800.00 9.s0 7,600.00 Trench Restoration SY 150.00 50.00 7,500.00 Sample Points EA 2.00 1,300.00 2,600.00 Subtotal , . 2t14,5@r@ MOBI LIZATION + GEN ERAL CON DITIONS 10%24,450.00 MOT 3%7,335.00 Ensineerins. Desien and Permittine 8%19,550.00 Grdnd Total 1 295,845Q0 27 T}AVIL} MAN{-INI L\.5L1N5,lhj(_" GENERAL CONTRACTOR rqro Washington Ave, Suite 95o. NIiami Beach, FL 33139 r9g9 NW 4o.h Ct. Pompano Beach, FL 3so6.l PHz(so') 599-8897 FAX: (3o5) 53s-88s5 PIJ,(9i4)977-s556 FAX: (e54) 944-eo4o If you have any questions or comments don't hesitate to contact me. Respectfully, ffikl Project Manager 28 .x .- d * -- r,:2' //1.{*.:S*4,L Fr{eI W;,ia "\; ;- z.,,,::.@ f, lz. *gS'1 ,i. W W#' .%.ffi"::d ::///t:::z 1& ///', q #4^,:t : .: .,:*aaaaa: /f s'" 29 =CN'T- o b.e o6Lcb =>o_ 6(, .*s', +.i= n 't .- l.' " xi,tt. . r! :,;I: ...a:::a ? t:=,:=.*a]'.= r In$ '.:::i: p's :-4t 1j4 3l*;;:1 ...,2, .4 u^v :#; :" *;$\"t%ffir*,iF.,#$'. ' ....K+a,'s.# {r. lrE1 s|:lli!!l!!Mz ?d:.: . .::.::::j= '*,' E\* LU o_oI GI /n =c\lr TT o_r] =NE: LU LUF @ o C.T o !- (U l-o o_ E C)F Cl-I c-:lp EiP> i(ECIlF=lEcoiP oL:* ., "qt o .lt"r"'.o->_lffi E CI'.I !- G ., 0= :,1 .:),;;ah.#* Xl rW*&%-, ! 30 RESOLUTION TO BE SUBMITTED 31 THIS PAGE INTENTIONALLY LEFT BLANK 32 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting A Utility EasementFromTheBoardOfTrusteesOfThelnternallmprovementTrustFundOfTheState Of Florida, Owner Of The Sovereignty Submerged Lands Located ln Section 11, Township 53 South, Range 42East, ln lndian Creek, Miami Dade County, For The Construction, lnstallation, Maintenance, Repair, And Replacement Of Water Mains; And Further Authorizing The Administration And City Attorney's Office To Finalize A Grant Of Easement Agreement. Ensure Well Maintained lnfrastructure ltem Summary/Recommendation : The City has a 16-inch diameter water main running beneath the water channel separating Allison lsland and lndian Creek Drive. The existing subaqueous water pipes have reached their life expectancy of 70 plus years, and therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous main will fall outside the State right of way and into property owned by the Board of Trustees of the lnternal lmprovement Trust Fund of the State of Florida. The Board has agreed to grant the City a bn (10) foot easement, containing approximately 2,630 square feet, to be approximately located in Section 1'1, Township 53 South, Range 42East, in lndian Creek, Mlami-Dade County, for the construction, installation, maintenance, repair and replacement of the water main (as described as a portion of Tract "l" of "AQUA AT ALLISON ISLAND', according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Board Recommendation: Financial lnformation : Source of I IFunds: [--T-f-f ,l-I ll al oBP! | rotat I Financial lmpact Summary: Eric Carpenter, Public Works X6012 Siqn-Offs: Department Ff$er Assistant City Manager Gity Mf,nager JJK</ -ETC JLW vl \2016Uanuary\Public WorksUanuary 27\FDEP at lndian Creek Easement Sum.docT:lAGENDA AGEruDA ne*r RJ C# MIAAAIBTATH nffiE 127-lb33 g MIAMIBEACH City of Miomi Beoch, lZ00 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and of the C Commission FROM: Jimmy L. Morales, City Manager DATE: January 27,2016 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING'A UTILITY EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, OWNER OF THE SOVEREIGNIW SUBMERGED LANDS LOCATED IN SECTION 11, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN INDIAN CREEK, MIAMI DADE COUNTY, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER MAINS; AND FURTHER AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO FINALIZE A GRANT OF EASEMENT AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City has a 16-inch diameter water main running beneath the water channel separating Allison lsland and lndian Creek Drive. The existing subaqueous water pipes have reached their life expectancy of 70 plus years, and therefore need to be replaced. The City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. The alignment of the new subaqueous main will fall outside the State right of way and into property owned by the Board of Trustees of the lnternal lmprovement Trust Fund of the State of Florida. The Board has agreed to grant the City a ten (10)foot easement, containing approximately 2,630 squarefeet,to be approximately located in Section 11, Township 53 South, Range 42Easl, in lndian Creek, Miami-Dade County, for the construction, installation, maintenance, repair and replacement of the water main (as described as a portion of Tract "1" of "AQUA AT ALLISON ISLAND', according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the Public Records at Dade County, Florida). CONCLUSION The Administration recommends approving the Resolution. Attachment: New Grant of Easement; Sketch and Legal Description of the Proposed Easement and Location Map. uamW@rarln T:\AGENDAVOl6Uanuary\Public WorksUanuary 27\FDEP at lndian Creek Easement Memo.doc 34 This Instrument Prepared By: M. Sue Jones Bureau of Publie Land Administration 3900 Commonwealth Boulevard Mail StationNo. 125 Tallahassee, Florida 32399 BoARDoFrRUSrEEtooJg;.r*t**iXilrTt**TTRUSTFLIND SOVEREIGNTY SUBMERGED LANDS EASEMENT EASEMENT NO. 41850 BOT FILE NO. 130239136 PANO. l3-0331861-001 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State ofFlorida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Citlz of Miami Beach. Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, ifany, contained in the following legal description: A parcel of sovereignty submerged land in Section 1 1, Township 53 South, Range 42 East, in Indian Creek, Miami-Dade County, as is more particularly described and shown on Attachment A, dated Jgly_1L29_l!. TO HAVE TIIE USE OF the hereinabove described premises for a period of 50 years from October 19, 2015, the effective date of this easement. The terms and conditions on and for which this easement is granted are as follows: 1 . USE OF PROPERTY: The above described parcel of land shall be used solely for and aerial and subaqueous (HDPE) water main and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection Consolidated Environmental Resource Permit No. 13-0331861-001, dated October , 19.2015, incorporated herein and made a part of this easement by reference. A11 of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. A1l fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. t4sl 35 3. WARRANTY OF TITLE/GUARANTEE OF SLIITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability ofany ofthe lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF TIIE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense, and shall indemnifr, defend and save and hold harmless the Grantor and the State ofFlorida from all claims, actions, lawsuits and demands arising out of this easement, which do not arise out of or result from the negligent acts of omissions of Grantor. 9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants ofthe Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (1 0) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes ofevery kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. Page2of9Pages Easement No. 41850 36 12. REMOVAL OF STRUCTITRES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation ofthis easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in paragraph 1 0 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. AMENDMENTA4ODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16. ADDITIONAL STRUCTURES ORACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation ofChapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter l8-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests ofpublic health, safety or welfare, the Grantee shall notify the Grantor ofsuch repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence ofsufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page3of9 Pages Easement No. 41850 37 WTINESSES:BOARD OF TRUSTEES OF TIIE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OFFLORIDA Original Signatwe (SEAL) Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public land Administratiorq Division of State l-ands, State of Florida Department of Environmental Protection, as agent for and on behalfofthe Board of Trustees ofthe Internal Improvement Trust Fund of the State of Florida Original Signature PrinVType Name of Witness STATEOFFLORIDA ''GRANTOR' COI.]NTYOFLEON The foregoing insJrument was acknowledged before me this _ day of _,20_,byCheryl C. McCall. Chief. Bureau of Public Land Administration. Dvision of State Landi. stat artilili of Environmental Protection. as agent for and on behalf of the Board of Trustees of the Intimal Irnprovernent Trus Fund of th" Stut. of Florida. She is personally known to me. Notary Public, State ofFlorida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No Page4 of9Pages Easement No. 41850 BY: 38 WITNESSES:Citv of Miami Beach. Florida (SEAL) Original Signature of Executing Authority Philio Levine Typed/Printed Name of Executing Authority Mavor Title of Executing Authority BY: Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness ..GRANTEE'' STATE OF COLINTYOF Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,20-,by Philip Levine as Mayor, for and on behalf of the City of Miami Beach, Florida. He is personally known to me or who has produced as identification. My Commission Expires: Notary Public. State o Commission/Serial No Printed, Typed or StampedName Page5of9Pages Easement No. 41850 39 SKETCH AND LEGAL UTILITY EASEMENT ON SOVEREIGN FOR STATE OF FLORIDA DESCRIPTION LANDS OF THE z ruoo C) Fz) F LOCATION MAP LgNcirruDE NOT TO SCALE SOURCES OF DATA: l.?btol 'AQUAATALLImNIStANp', rcardel rnPlatBok lG2,atPageS3dthcPubhcRez{rdsotV.brntsOedcCounty,Ftqd. z.pt2tot,AMENpEDFIAToFSECONDOCEANfRONT9UBOlvl9tON', recsdednrktEook26,atPzqe 26of thcFubl.cRacordsorMramr-DzdeCounLy.Floada. bcannqt zs shoyn hctcon ate b$ca v?on lhc cruntrrlfic ol West e3cd glrect wlh an a*umed beann7 ol NACp23'?O'E, sad lne to be co$tacr.A a well aAblsd arld monufientad hnc. EAS8MENTS AND ENCUMERANCTS r No rnlomation wae prwdcd ,, to thc dtrtcrce ol any e.rcfreatt olhE? thel wlvt affcars oi lhc und.,lynq?lal d @d, flea* rdcr tp th€ Ltmt bons ft2fr wr.htc?.ct lo ?osstble testnc|do s ol reard znd utthby )eMca1 t-rMrTATlOllS: Srnca no other rnloruban wac tsrntshed otha then whal $ atad rn the Sourccs ol Data, lhc Cle:l, o haesy ads*d that thqc iuy bc le,qal r*ndtoro on the s,ubJcct ?rcpe*y thrt ,rc not shovn on lhe SbLch d cont^tEd rvrth,n thrc re?ott lhat n.y bc lound n lhc ?tb|c Rcords ol Mramp7adc Cortaby, flwda or any ollrr Tublc znd ?fiv2t'c cnj4tta zs lhcr )ln'/,tc"toB mal 4?cat. Iht, do.lmenl de3 not tc?rc*nE a lP-ld boundary urucy ol the desqbcd Vqerfy, ot 2ny ?ert q ?ar@l t}lcrcof. 9URVEYORS CERf IFICATET I hctery ccrltv: Thrt thts 1slatzh to Accompany Ltlal D*cnplton" and lhc Svrvey Mz7 terrl.ilnl ther€lror wae Talomed v.d.r ftf drccbon aM 6 tM zfu c*ted tn the bc.|b d fiy knowledqe anJ bele( ard furthcr, t|trt *G'9k lch to Accompzny Lcq.l Detcfl?lbn't meds tln nbcnb d ltv zp71tc*le 'fc^lrtotE ol tha 'Mrnmum Techrtal ShndardilorLzndburucynqrnrhcstaicof Flonda',pusuanltoRulc5J-17.O5 lthrou€h5J-lT,O52orEhcflrlndaAd.mtngtatweCodezr]dttswqlatabr€bw,ChaTlet 472.O27 0l the r|onda 9utttc'. LONGITUDE 9URVEYORS tLQ'., z ?lotr4a Lmted lrbitty Cqt?any Tlondz Certfitcatd ol Alltpnzton Nvnber 1b7335 Attachment A Page 6 of9 Pages Easement No. 41850 NOIEft: Nol vofd wilhoul ihe signoli,re ond odginolroh6d reol of o Floddo Liceoled Surveyo ond Moppet, AdditiorE or d€lelions lo Survey rvtops by o{herlhon the siglllng porty ore prot{Uled \ ilthor lhe wrillen consenl ot lh€ sigrilno pody NO-nCE: This documcrl is mt valid, ful and witholrt all EXHIBIT''A' S U R V E Y O R S, LLc 7715 NW LSrH STREET, SUITE 510, DORAL, FLORIDA 53166 | PHONE: (305) !+65-0e12 r FAX: (505) 515-5680 L:\117! * €3rd 5v..:. vic$ lics. tlvrg\grtch 6d r.pt\r4179 Sl mfP [Sr S-o€-15drg 7/15/tor5 ::2]J0 Pl OT r WWW, LONGITUDESURVEYORS, COM JOB No. l4r7t PAGE 4 OF 4 40 SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA LEGAL DESCRIPTION:tHI-P]A@ An aenal easement alonq lhe northerly ade ol lhe West 63rd 3lreel bndqe over lndan Creek (West Channel), wrlhrn the are?ace wfih the boltom Vlane above elevalon 4.?B feel aL lhe WesLerly apVroach ol satd bndqe Lo and above elevatron of 5.83 teel althe cenLer of lhebndqe, andlo an above elevalon ol 4.94 feel aLlhetasterly aVVroach of sadbtdqe; andlhe loV Vlane of satd verlcal ar3?ace benq I O.OO f eel above Lhe menLtoned elevattons lor lhe bollom Vlane, (satd elevalons benq related to the Natronal Geodebc Verbcal Datum of 192?) and whrch rs conLatned wrlhrn lhe lollownq hotzontal ltmffs: A porlton ol Wesl 63rd 3lreet brtdqe over lndran Creek (Wegl Channel) as shown on a cerlatn flonda OeVarlment ot Transportatton Rrght ol Way MaV of )fate Road No. 9O7, Seclon 87037-2507 , lasl dated on March 2, 199O, n 3ecbon I I , Townshp 53 3ot-tlh, Ranqe 42 East, Ctly of Mramr Aeach, Mramt-Dade Covnly, flolda and betnq more Varlcolarly desctbed as tollows: COMMENCE alLhe3outheasterlyCornerof lot6, Block I of "DEACII VlEWADD|TION",accordtnqlotheVlaLlhereof,as recorded n Tlat Dook I 6, al ?aqe I O, of the Tubhc ?ecords of Mtamt-Dade County, flotda; thence 315"22'12"t alonq the SouLheazlerly Vrolonqabon ol the Norlheaslerly Boundary \ne of sard Lol G, n Dlock I , for I I .3O feet lo the POINT OF tsfclNNlNG of Lhe Varcel of land heretnaller desctbed; thence N6O'2 l'53"t alonq a hne Varallel wfth and I .3O feeL Northerly of the Northwesterly Rrght of Way Ltne ol WesL 63rd SlreeL, as shown on satd flonda DeVarLment of TransporLatron Rrghl of Way MaV ol State Road No. 9O7, 3ecilon 67037-2507, for 262.97 feeL; Lhence 3O?"38'O7'f for IO.OO feeL; thence 380"21 53 W lor 262.97 feel; lhence NO9"38'O7"W for I O.OO leet to the ?otnf ol Beqtnnnq. Conlantnq 2,630 Square feet, more or less, by calculailons. LEGAL DTSCRIPTION: INDIAN CREEK EAST CI1ANNEL: Thal Varl ol lhe goveretqn lands ol lhe SLale of flotda lhal lte wfthn a Vortton of lhe lndran Creek faEl Channel at the Wesl 63rd SLreeL bndqe, n Secion I I , Townshy 53 Sorfh, Kange 42 tasf, Ctly of Mramr Beach, Man-Dade Counly, flonda and betnq more Varhcvlady descnbed as follows: COMMENCE at the mosL NE Corner of f racl "1" of "AQUA AT ALLI9ON ISLAND , accordnq to lhe Tlal thereof , as recorded n ?laf Book I G2, al Taqe 53, of lhe Publtc Records of Mtam-Dade CovnLy, flotda, Lhence 5O9"36'32'E alonq lhe Northeaslerly Ooondary Lrne ol satd Tract "1", sad lne algo betng the exLetor face of an extsltnq concrete seawall and lhe Mean Ltqh Waler Lrne, for 6.72 teel lo the FOINT Of DEGINNING ol lhe Varcel of land heretnaller descrrbed, sad potnl also betnq on a arcular cutve, concave Lo the Northwest and beaanq 3O7"49'32't lrom the cenler of sad corve; lhence Norlheasterly alonq the arc ol satd curve, havtnqlor elemenLg a radpE of 995.OO feet, a cenLral anqle of Ol'46'59'for an arc dstance ol 30.97 leeLlo a PorntofTanqency;thenceNOa"23'2O'tlor I?5.62leeLloaPontofCurvaLureofaarcllarcurve,cancavelolhe Northwest; thence NorLheaslerly alonq lhe arc of satd curve, havnq lor fis elemenlg a radvg ol 7OO.O I feef, a cenlral anqle of 06'04 2l ^, lor an arc dtstance of 74.19 teello a Votnl onlhe exterror face of an e*sfnq concrete seawall, satd VotnL alsobetnqtheMean llqh Waler Ltne; thence 3OO'28'2O'W alonq satd exlenor lace ol the exetnq concrele Eeawall and lhe Mean llqh Waler lne, for I O.4O feel Lo a Votnl on a ctrcular curve, concave to the Norlhwest (satd Vonl bears 515'2G'52"f from lhe cenLer of Ead ctrve); thence SoulhweEterly alonq lhe arc of sad curve, havnq lor fie elements a radwE of 7 I O.O I f eef, a cenlral anqle ol O5'5O'21" for an arc dstance of 72.36 leel to a ?ont ol Tanqency; thence 38O'23'2O'W for 195.6 I feet Lo a Pont of Curvalure ol a arcvlar curve, concave lo lhe Norlhwest; thence Soulhweslerly alonq lhe arc ol satd curve, haunq lor fts elementsaradwE of lOO5.OOteel,acentralanqleolOl'45'55'loranarcdelanceof 30.9TleeLLoaVotnlonLhe Norlheaslerly Dovndary Ltne of Tract "l' ol sard ?lat of of "AQUA AT ALLI9ON |SLAND", sard Votnl also betnq on lhe exterror lace of an extstnq conc(ete seawall and lhe I'tlean flqh Waler Ltne; thence NO9'36'32"W alonq the NorLheaslerly Boundary ltne of satd TracL "1" and also betnq Lhe exLer@t lace ol an exrslnq seawall and lhe Mean fiqh WaLer Ltne, for I O.OO leet lo the ?onf of Deqtnnnq. Conlantnq 2,981 Square f eeL, more or less, by calculailons. NOTICE: This document is not valid, full and comolete without all EXHIBIT ''A' Lq,NGrruDE S U R V E Y O R S, I-I-c 7715 NW 48rH STREET, SUITE 510, D0RAL, FL0RIDA 55166 * PH0NE: (505) /*65-0912 r FAX: (505) 515-5680 r WWW.LONGITUDESURVEYORS.C0M L:\14r79 w 6Jrd Street. Momi Beoch. FL\d*9\sketch ond Lesors\14179 sL FoEP ESMT 06 08 ls.dwg 1rl10l2ors rr:33,52 AM EST JOB NO. 14179 PAGE 3 OF 4 41 SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA ,a - EgE L ,jU o?550ltrE SCALE lo:50' LEGEND: P.O.C. = POINI OF COMMENCEMEM P.O.B. = POIM OF BEGINNING P.8. = PLAT BOOK PG. = PAGE SEC. = SECTION PC = POINI OF CURVAruRE PT = POINT OF TANGENCY PNT = POINT OF NON TANGENCY R = RADIUS CURVE L = ARC IENGHT IAN = TANGENT D = CENIRAL ANGI,E \ :q '=o Lp *\2I lis,$ aB;t ->i r* "e"goz ?1 P€zUrit )6.)rl7\9' e? 4' 9^ t ( B.q; "\ o6o'tz-t. a\-: io'z!1-rI\ o taP hh. 1B&*, aB eqqo\ % i.q?.\ 8',3 1"', ':f i+3 "/ / ?-^"n '*tJScHf;'Rff- egrffirg,irlr a ib i,ii'i'o' n' u t1' q>^ $^Y -8a "o>i6Cll6E - ae- 'aPn tf,)1g( 'l rnro'\--\r 6^'{: \,L- ' \'gIN (-tq \j \ -%' ' N illrT cHf*RrE'i * u', rii ,*aL- a 2o \ \ .\Attachment A, Page 8 of9 Pages EXHIBlI "A" I-@NGITUDE s u R v E y o R s, LLc 77ls Nw 48rH srREET, sulrE 5lo, DORAL, FLoRIDA sst66 ! pHoNE: (gos) a6s-o9la . Fax: (505) st5-s680 r www.LoNctruDEsr..rRvEyoRs.coM ry..\*Y.-:11t1tj::lPE$To6''8-'5.&97y'5,r'2ol5}2}3oPc.nrJo3No.l/tl79PAGEloF4 42 SKETCH AND LEGAL DESCRIPTION FOR UTILITY EASEMENT ON SOVEREIGN LANDS OF THE STATE OF FLORIDA LEGEND: P.O.C. = POINT OF COMMENCEMENI P.O.B. = PoINT OF BEGINNING P.B. = PLAT BOOK PG. = PAGE SEC. = SECION PC = POINT OF CURVAruRE PT = POINT OF TANGENCY PM = POINT OF NON TANGENCY R = RADIUS CURVE L = ARC LENGIII IAN = TANGENT D = CENTRAL ANGLE 9CALEl": 50' \ \ \ \ \ o>/ s=8s i oE#-t'"9 ,' +*1$,*',J^tf "*ftft5'i* >o c\Jhc!bo(f) o.s 9 PNT Attachment A Page 9 of9 Pages Easement No. 41g50 EXHIBII'A" -*o"'u* - z1 \ 'tt\,2Ri ' \(-.-' ee' ..",9 \ ttt 1 EoroM oF SEAWAIL cAP69, \ l'\ r-rss.'o)Y /\ L EorroM of SEAWALIE f :->= ?nE"B/P B?e?1e(tr aq?B \ \, -ue trae. 2;oA=" \ F--j , N Bitfrnf;uR'E'i * dz 63mnH=!Hyut OY RHSd;;3R E.T6E hfitrHac zJ-z<<U trJ =J =8= is not valil. fulland L@NGITUDE s u R v E Y o R s, LLc 77t5 t',tw /.87H STREET, SUITE ItO. OOnr, rtORtOA 55t66 r PHoNE: (505) 465-0912 i FAX: (305) 515-5680 . WWW.LONGTTUDESURVEYORS.COM u\.rD w 6]c 3Ler. 96i &o$, r-\dro\St r.h Mi l€d.\!rrr9 sL DEE ESUI 06-s-r5.br 7/ta/2o15 t23r& Fx DI JOB No. lll79 PAGE 2 OF tt 43 RESOLUTION TO BE SUBMITTED 44 R9 - New Business and Commission Requests RgA Presentation Of The MBPD's New Recruitment Video. (Police) Agenda ltem Rf A Date t-L1-lG45 THIS PAGE INTENTIONALLY LEFT BLANK 46