20120912 SMMIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 12, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, 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 City 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 City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C4 -Commission Committee Assignments
C4F Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding "Green
Alleys" on Miami Beach.
(Requested by Commissioner Edward L. Tobin)
(Handbook)
1
Supplemental Agenda, September 12, 2012
C7 -Resolutions
C7B A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The
Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 38-11/12, For Professional
Engineering Services To Provide, On An "As-Needed" Basis, Construction Management Support Of
Right-Of-Way Capital Improvement Projects; And Further Authorizing The Mayor And City Clerk To
Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration With The
Three Top-Ranked Proposers: COM Smith, Inc., Atkins North America, Inc., And AECOM Technical
Services, Inc. As The Primary, Secondary, And Tertiary Firms Respectively; And Should The
Administration Be Unable To Negotiate An Agreement With Any Of The Top-Ranked Firms,
Authorizing The Administration To Negotiate With The Fourth-Ranked Firm Of PCL/Pirtle, A Joint
Venture, As The Tertiary Firm.
(Capital Improvement Projects/Procurement)
(Resolution)
C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Letter Of Agreement
Between The City Of Miami Beach And The State Of Florida, Through Its Agency For Health Care
Administration; Subject To And Conditioned Upon A Formal Written Acknowledgement By Mt. Sinai
That The City's Approval And Execution Of The Aforestated Letter Agreement Satisfies And Releases
The City's Obligations Under The 2008 Memorandum Of Understanding ("MOU") Between The City
And Mt. Sinai For The Lowenstein Building Workforce Housing Project; Further Appropriating
$250,000 For The Letter Agreement (Representing The Amount Of What Would Have Been The
City's Contribution To Mt. Sinai Under The MOU).
(Finance Department)
(Resolution)
C7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Declaration
Regarding Improvements And Maintenance Of Traffic Circle Areas Within The Right-Of-Way And
Public Beach Walk And Exchange Of Easements Related Thereto, With Seville Acquisition, LLC,
Owner Of The Marriott Seville, For Improvements To And The Maintenance Of The 29th Street
Streetend And Traffic Circle, And For The Construction Of A Portion Of The Beachwalk.
(Public Works)
(Agreement)
C70 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement In The Amount Of $126,530, And A Maintenance Memorandum Of Agreement, With The
Florida Department Of Transportation, For The Construction And Maintenance Of Proposed
Decorative Pedestrian Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part Of
The State Road A1A/Collins Avenue Project, From 5th Street To Lincoln Road.
(Public Works)
(Photograph)
2
ii
Supplemental Agenda, September 12, 2012
C7 -Resolutions (Continued)
C7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint Participation
Agreement, A Utility Work By Highway Contractor Agreement, Utility Work By A Contractor
Memorandum Of Agreement, And A Stormwater Pump Stations And Pollution Control Structures
Maintenance Memorandum Of Agreement, With The Florida Department Of Transportation, For The
Construction Of Drainage Improvements Along 10 Street, Watermain Improvements Along Alton
Road, And Maintenance Of Pump Station And Pollution Control Structures, As Part Of The State
Road 907/Aiton Road Project From 5th Street To Michigan Avenue.
(Public Works)
(Attachments 8, C & D)
C7Q A Resolution Approving And Authorizing The Mayor And City Clerk, Subject To Final Review By The
City Attorney's Office And The Public Works Department, To Execute A Grant Of Easement With
Shelborne Ocean Beach Hotel Condominium Association, Inc., Owner Of The Shelborne Hotel,
Located At 1801 Collins Avenue, For A Lift Station And Associated Connection To City's Sanitary
Sewer System In The Public Right-Of-Way, On The North Side Of 18th Street, East Of Collins
Avenue, With A Total Area Of 527 Square Feet.
(Public Works)
(Resolution & Draft Easement)
R5 -Ordinances
R5G Ordinances Modifying The Building, Fire, Planning And Public Works Departments Fees Related To
The Building Development Process Implemented On February 1, 2010.
1. An Ordinance Amending Section 14-61 "Permit Fees", Section 14-62 "Building Permits"; And
That Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
2. An Ordinance Amending Section 50-3 "Plans Examination, Inspections, Permits" And That
Portion Of Appendix A Of The City Code By Modifying Inspection Fees For Building,
Plumbing, Electrical, And Mechanical Work, And For Other Fire Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
3. An Ordinance Amending Section 15-40 "Refunds"; 15-42 "Adjusted Rates"; And That Portion
Of Appendix A Of The City Code By Modifying Zoning Fees For Building, Plumbing, Electrical,
And Mechanical Work, And For Other Planning Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
4. An Ordinance Amending Section 98-94 "Refunds"; And That Portion Of Appendix A Of The
City Code By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical
Work, And For Other Public Works Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Building Department)
(Ordinances)
3
Supplemental Agenda, September 12, 2012
R7 -Resolutions
R7A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem
Taxes, Enterprise, And Internal Service Funds For Fiscal Year 2012/13 Subject To A Second Public
Hearing Scheduled On Thursday, September 27, 2012 At 5:01 p.m.
(Office of Budget & Performance Improvement)
(Resolution)
R7E A Resolution Approving And Authorizing The Mayor And City Clerk, Subject To Final Review By The
City Attorney's Office And Public Works Department, To Execute A Grant Of Easement For Air Rights
With CG Tides, LLC, CG Tides Village, LLC, And CG Tides Village I, LLC, For A Proposed Elevated
Pedestrian Bridge Spanning The 20-Foot Public Right-Of-Way Of Ocean Court (At A Width Of 9'1 ",
With A Minimum Vertical Height Of 16 Feet Above Ocean Court).
(Public Works)
(Resolution & Draft Easement)
R9 -New Business and Commission Requests
R9L Discussion Regarding A Resolution Urging The Florida Legislature To Ban Texting While Driving.
(Requested by Commissioner Jerry Libbin)
(Resolution)
iv
4
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e
r
g
y
Co
n
s
e
r
v
a
t
i
o
n
a
n
d
Gl
a
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e
Re
d
u
c
t
i
o
n
Im
a
g
i
n
e
i
f
th
e
th
o
u
s
a
n
d
s
of
li
g
h
t
:f
i
.
.
x
t
u
r
e
s
that provide a
en
v
i
r
o
n
m
e
n
t
i
n
th
e
al
l
e
y
s
we
r
e
en
e
r
g
y
efficient and reduced
a
n
d
li
g
h
t
po
l
l
u
t
i
o
n
to
th
e
po
i
n
t
w
h
e
r
e
you could see the
s
t
a
r
s
a
t
ni
g
h
t
.
Al
l
of
th
e
s
e
be
n
e
f
i
t
s
c
a
n
be
ac
c
o
m
p
l
i
s
h
e
d
within the
al
l
e
y
'
s
ri
g
h
t
of
w
a
y
l
I
n
th
i
s
do
c
u
m
e
n
t
you can learn what
yo
u
c
a
n
do
to
in
c
r
e
a
s
e
th
e
be
n
e
f
i
t
s
of
th
e
green alley by
im
p
l
e
m
e
n
t
i
n
g
yo
u
r
ow
n
su
s
t
a
i
n
a
b
l
e
pr
a
c
t
i
c
e
s
on your
pr
o
p
e
r
t
y
.
. 1
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.
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1:
Al
l
e
y
D
r
a
i
n
a
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Im
p
r
o
v
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m
e
n
t
t
h
r
o
u
g
h
P
r
o
p
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r
Al
l
e
y
P
i
t
c
h
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n
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G
r
a
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g
~
0
Al
l
al
l
e
y
s
,
w
h
e
t
h
e
r
th
e
y
are permeable or not, should
be
pr
o
p
e
r
l
y
g
r
a
d
e
d
a
n
d
p
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t
c
h
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d
to allow water to run to
c
e
n
t
e
r
o
f
th
e
a
n
d
then flow to the street.
p
r
e
v
e
n
t
s
th
e
ne
e
d
fo
r
ad
d
i
t
i
o
n
a
l
sewer infrastructure
p
r
e
v
e
n
t
s
ad
j
a
c
e
n
t
p
r
o
p
e
r
t
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s
from flooding. 9
Te
c
h
n
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q
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P
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a
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or
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s
t
h
a
t
al
l
o
w
w
a
t
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r
to
p
a
s
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th
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t
h
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c
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r
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th
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h
t
h
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ex
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th
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s
w
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so
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c
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su
b
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s
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w
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f
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r
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n
to
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o
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f
f
a
n
d
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d
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c
e
s
t
r
e
s
s
on
t
h
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s
e
w
e
r
P
o
t
e
n
t
i
a
l
B
e
n
e
f
i
t
s
•
Re
d
u
c
e
s
t
h
e
r
a
t
e
a
n
d
q
u
a
n
t
i
t
y
of
s
t
o
r
m
w
a
t
e
r
ru
n
o
f
f
•
Re
d
u
c
e
s
s
t
r
e
s
s
on
s
e
w
e
r
s
y
s
t
e
m
•
R
e
c
h
a
r
g
e
s
gr
o
u
n
d
w
a
t
e
r
•
F
i
l
t
e
r
s
si
l
t
,
p
o
l
l
u
t
a
n
t
s
a
n
d
de
b
r
i
s
al
b
e
d
o
H
i
g
h
al
b
e
d
o
p
a
v
e
m
e
n
t
m
a
t
e
r
i
a
l
is
light in color
aw
a
y
fr
o
m
th
e
su
r
f
a
c
e
.
W
i
t
h
less sunlight absorbed by
h
e
a
t
is
r
a
d
i
a
t
e
d
by
the pavement. High albedo
p
a
v
e
m
e
n
t
th
e
r
e
f
o
r
e
re
d
u
c
e
s
th
e
u
r
b
a
n
island effect.
re
d
u
c
e
s
co
o
l
i
n
g
co
s
t
s
,
he
l
p
s
th
e
su
r
v
i
v
a
l
of vegetation,
im
p
r
o
v
e
s
qu
a
l
i
t
y
,
w
h
i
c
h
c
a
n
reduce the svmntoms of some
r
e
s
p
i
r
a
t
o
r
y
di
s
e
a
s
e
s
.
•
Re
d
u
c
e
s
th
e
u
r
b
a
n
h
e
a
t
is
l
a
n
d
ef
f
e
c
t
•
C
a
n
be
u
s
e
d
u
n
d
e
r
a
wi
d
e
v
a
r
i
e
t
y
of site conditions
en
e
r
g
y
by
re
d
u
c
i
n
g
co
o
l
i
n
g
costs
•
Im
p
r
o
v
e
s
a
i
r
qu
a
l
i
t
y
11
Te
c
h
n
i
q
u
e
4:
Re
c
y
c
l
e
d
Co
n
s
t
r
u
c
t
i
o
n
M
a
t
e
r
i
a
l
s
~
N
Pa
v
e
m
e
n
t
co
n
c
r
e
t
e
ti
r
e
ru
b
b
e
r
re
c
v
c
l
e
d
Su
b
b
a
s
e
l'
n
n
b
i
n
i
n
~
re
c
v
c
l
e
d
co
n
c
r
e
t
e
co
n
s
t
r
u
c
t
i
o
n
m
a
t
e
r
i
a
l
s
c
a
n
in
c
o
r
p
o
r
a
t
e
d
i
n
a
v
a
r
i
e
t
y
of
wa
y
s
i
n
gr
e
e
n
al
l
e
y
s
.
Re
c
y
c
l
e
d
co
n
c
r
e
t
e
ag
g
r
e
g
a
t
e
ca
n
be
u
s
e
d
i
n
th
e
co
n
c
r
e
t
e
m
i
x
a
n
d
a
s
a
b
a
s
e
b
e
n
e
a
t
h
su
r
f
a
c
e
pa
v
i
n
g
.
Al
s
o
,
sl
a
g
,
a
by
-
p
r
o
d
u
c
t
of
st
e
e
l
pr
o
d
u
c
t
i
o
n
,
ca
n
be
u
s
e
d
a
s
a
co
m
p
o
n
e
n
t
of
t
h
e
co
n
c
r
e
t
e
mi
x
,
re
d
u
c
i
n
g
in
d
u
s
t
r
i
a
l
wa
s
t
e
.
G
r
o
u
n
d
ti
r
e
ru
b
b
e
r
c
a
n
be
u
s
e
d
i
n
po
r
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u
s
a
s
p
h
a
l
t
a
n
d
re
c
l
a
i
m
e
d
a
s
p
h
a
l
t
pa
v
e
m
e
n
t
in
no
n
-
po
r
o
u
s
a
s
p
h
a
l
t
.
P
o
t
e
n
t
i
a
l
Be
n
e
f
i
t
s
•
Re
d
u
c
e
s
w
a
s
t
e
h
a
u
l
e
d
to
la
n
d
f
i
l
l
s
•
Re
d
u
c
e
s
t
h
e
n
e
e
d
to
e
x
t
r
a
c
t
vi
r
g
i
n
n
a
t
u
r
a
l
re
s
o
u
r
c
e
s
•
De
v
e
l
o
p
s
ne
w
te
c
h
n
o
l
o
g
i
e
s
a
n
d
sa
v
e
s
mo
n
e
y
12
Te
c
h
n
i
q
u
e
5:
Co
m
p
l
i
a
n
t
Co
n
v
e
n
t
i
o
n
a
l
fi
x
t
u
r
e
F
i
x
t
u
r
e
s
Dark
E
n
e
r
g
y
ef
f
i
c
i
e
n
t
,
d
a
r
k
sk
y
co
m
p
l
i
a
n
t
light nxtures are
de
s
i
g
n
e
d
to
di
r
e
c
t
li
g
h
t
do
w
n
w
a
r
d
,
focusing light where it's
ne
e
d
e
d
.
Th
e
s
e
fi
x
t
u
r
e
s
c
a
n
al
s
o
in
c
o
r
p
o
r
a
t
e
the latest technologies
en
e
r
g
y
ef
f
i
c
i
e
n
c
y
wh
i
l
e
m
a
i
n
t
a
i
n
i
n
g
adequate light levels. New
al
l
e
y
fi
x
t
u
r
e
s
wi
l
l
al
s
o
us
e
m
e
t
a
l
h
a
l
i
d
e
lamps, which produce
li
g
h
t
,
in
s
t
e
a
d
of
th
e
ye
l
l
o
w
li
g
h
t
produced by the existing
hi
g
h
-
p
r
e
s
s
u
r
e
so
d
i
u
m
fi
x
t
u
r
e
s
.
Th
i
s
will help people to be able to
di
s
t
i
n
g
u
i
s
h
co
l
o
r
a
t
P
o
t
e
n
t
i
a
l
Be
n
e
f
i
t
s
•
Re
d
u
c
e
s
li
g
h
t
po
l
l
u
t
i
o
n
fr
o
m
si
t
e
•
Re
d
u
c
e
s
gl
a
r
e
a
n
d
pr
o
v
i
d
e
s
b
e
t
t
e
r
light uniformity
•
Wh
i
t
e
li
g
h
t
pr
o
d
u
c
e
d
by
m
e
t
a
l
h
a
l
i
d
e
fixtures has a "color
re
n
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i
o
n
in
d
e
x
"
a
n
d
th
e
r
e
f
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r
e
al
l
o
w
s
people to perceive color
mo
r
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#2
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F
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Al
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f
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n
g
Al
l
e
y
Co
n
s
t
r
u
c
t
i
o
n
Do
I
Id
e
n
t
i
f
y
a
Al
l
e
y
?
20
•
Th
e
Ch
i
c
a
g
o
D
e
p
a
r
t
m
e
n
t
of
T
r
a
n
s
p
o
r
t
a
t
i
o
n
wi
l
l
no
t
i
f
y
yo
u
in
ad
v
a
n
c
e
of
a
n
al
l
e
y
im
p
r
o
v
e
m
e
n
t
pr
o
j
e
c
t
.
•
Ac
c
e
s
s
to
ga
r
a
g
e
s
a
n
d
dr
i
v
e
w
a
y
s
wi
l
l
be
te
m
p
o
r
a
r
i
l
y
re
s
t
r
i
c
t
e
d
.
•
Ga
r
b
a
g
e
pi
c
k
u
p
be
te
m
p
o
r
a
r
i
l
y
re
l
o
c
a
t
e
d
.
Yo
u
wi
l
l
be
ab
l
e
to
ea
s
i
l
y
id
e
n
t
i
f
y
a
gr
e
e
n
al
l
e
y
be
c
a
u
s
e
th
i
s
im
a
g
e
wi
l
l
be
st
a
m
p
e
d
in
t
o
th
e
dr
i
v
e
w
a
y
ap
r
o
n
s
a
t
e
i
t
h
e
r
en
d
.
Fu
r
t
h
e
r
m
o
r
e
,
if
a
ca
t
c
h
b
a
s
i
n
is
op
e
n
to
th
e
su
b
s
o
i
l
s
a
n
d
n
o
t
co
n
n
e
c
t
e
d
to
th
e
st
o
r
m
se
w
e
r
sy
s
t
e
m
i
t
wi
l
l
be
la
b
e
l
e
d
"i
n
f
i
l
t
r
a
t
i
o
n
:
no
du
m
p
i
n
g
-
on
l
y
:r
a
i
n
do
w
n
th
e
dr
a
i
n
"
fo
r
e
a
s
y
id
e
n
t
i
f
i
c
a
t
i
o
n
.
G
r
e
e
n
Al
l
e
y
Do
s
a
n
d
Do
n
'
t
s
•
Ke
e
p
y
o
u
r
green alley clean of dirt and
de
b
r
i
s
•
I
n
s
t
a
l
l
ra
i
n
gardens and bioswales to
ab
s
o
r
b
a
n
d
filter water before reaching the
al
l
e
y
•
Im
p
l
e
m
e
n
t
other sustainable BMPs
on
yo
u
r
ow
n
property to increase the
pe
r
f
o
r
m
a
n
c
e
of the green alley
•
Sh
o
v
e
l
or
pl
o
w
alley as required, salt can
be
u
s
e
d
in
moderation
•
D
u
m
p
ch
e
m
i
c
a
l
s
or toxic materials on or
n
e
a
r
th
e
gr
e
e
n
alley
•
S
p
r
e
a
d
s
a
n
d
or dirt on or near permeable
pa
v
i
n
g
i
n
th
e
green alley
•
Re
m
o
v
e
st
o
n
e
from permeable
pa
v
e
r
s
•
S
e
a
l
pe
r
m
e
a
b
l
e
asphalt or concrete 21
1 . ' '
d
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al
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li
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gl
a
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t
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o
n
ce
n
t
e
r
,
a
si
m
p
l
e
a
n
d
in
e
x
p
e
n
s
i
v
e
w
a
y
to
re
d
u
c
e
w
a
s
t
e
h
a
u
l
e
d
to
la
n
d
f
i
l
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s
,
wh
i
l
e
sa
v
i
n
g
en
e
r
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y
a
n
d
n
a
t
u
r
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l
re
s
o
u
r
c
e
s
.
P
o
t
e
n
t
i
a
l
,
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c
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u
w
a
s
t
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h
a
u
l
e
d
to
la
n
d
f
i
l
l
s
·
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e
d
u
c
e
s
th
e
n
e
e
d
to
e
x
t
r
a
c
t
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•
·
c
r
i
n
re
s
o
u
r
c
e
s
l
i
t
t
l
e
co
s
t
to
th
e
ho
m
e
o
w
n
e
r
K
i
t
c
h
e
n
sc
r
a
p
s
,
y
a
r
d
w
a
s
t
e
a
n
d
ev
e
n
some paper products can be
pl
a
c
e
d
i
n
t
o
a
n
in
e
x
p
e
n
s
i
v
e
co
m
p
o
s
t
i
n
g
bin to decompose. \\<Tith very
li
t
t
l
e
m
a
i
n
t
e
n
a
n
c
e
,
th
e
w
a
s
t
e
wi
l
l
so
o
n
break down into a
or
g
a
n
i
c
m
a
t
e
r
i
a
l
t
h
a
t
c
a
n
be
mi
x
e
d
into garden soil or used
a
s
fe
r
t
i
l
i
z
e
r
fo
r
tr
e
e
s
a
n
d
sh
r
u
b
b
e
r
y
.
Not only does composting
sa
v
e
sp
a
c
e
ou
r
ga
r
b
a
g
e
tr
u
c
k
s
landfills, but its oroduct also
pr
o
v
i
d
e
s
a
n
u
t
r
i
e
n
t
bo
o
s
t
to
po
o
r
u
r
b
a
n
soils.
P
o
t
e
n
t
i
a
l
Be
n
e
f
i
t
s
·
Re
d
u
c
e
s
w
a
s
t
e
h
a
u
l
e
d
to
la
n
d
f
i
l
l
s
·
Re
d
u
c
e
s
th
e
ne
e
d
to
e
x
t
r
a
c
t
vi
r
g
i
n
natural resources
•
R
e
q
u
i
r
e
s
li
t
t
l
e
or
no
co
s
t
to
th
e
p
r
o
p
e
r
t
y
owner
•
Im
p
r
o
v
e
s
so
i
l
s
t
r
u
c
t
u
r
e
•
Pr
o
v
i
d
e
s
n
a
t
u
r
a
l
fe
r
t
i
l
i
z
e
r
to
p
l
a
n
t
s
25
~
c,
g
T
e
c
h
n
i
q
u
e
3
S5
0
-
$
5
D
O
e
a
c
h
S
h
a
d
e
tr
e
e
s
c
a
n
p
l
a
y
a
la
r
g
e
p
a
r
t
i
n
re
d
u
c
i
n
g
th
e
u
r
b
a
n
h
e
a
t
i
s
l
a
n
d
ef
f
e
c
t
a
n
d
im
p
r
o
v
i
n
g
a
i
r
qu
a
l
i
t
y
.
P
l
a
n
t
i
n
g
a
tr
e
e
n
e
a
r
th
e
al
l
e
y
s
h
a
d
e
s
th
e
al
l
e
y
a
n
d
th
e
r
e
b
v
re
d
u
c
e
s
th
e
a
m
o
u
n
t
of
th
e
r
m
a
l
e
n
e
r
g
y
e
m
i
t
t
e
d
by
th
e
p
a
v
e
m
e
n
t
.
P
o
t
e
n
t
i
a
l
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J
"
'
-
'
-
-
'
-
"
-
'
J
u
.
v
o
•
R
e
d
u
c
e
s
th
e
u
r
b
a
n
h
e
a
t
i
s
l
a
n
d
h
a
b
i
t
a
t
fo
r
b
i
r
d
s
a
n
d
wi
l
d
l
i
f
e
en
e
r
g
y
co
s
t
s
fo
r
a
n
d
co
o
l
i
n
g
i
f
pl
a
c
e
d
Industrial
tr
e
e
s
na
t
i
v
e
to
n
o
r
t
h
e
r
n
Illinois are uniquely adapted
to
th
e
lo
c
a
l
w
e
a
t
h
e
r
,
w
a
t
e
r
a
n
d
so
i
l
conditions. Choosing these
sp
e
c
i
e
s
fo
r
yo
u
r
la
n
d
s
c
a
p
i
n
g
ca
n
re
d
u
c
e
the amount of watering,
fe
r
t
i
l
i
z
i
n
g
m
a
i
n
t
e
n
a
n
c
e
r
e
q
u
i
r
e
d
on your property.
P
o
t
e
n
t
i
a
l
Be
n
e
f
i
t
s
•
Re
d
u
c
e
s
th
e
i
s
l
a
n
d
•
Re
d
u
c
e
s
en
e
r
g
y
co
s
t
s
fo
r
h
e
a
t
i
n
g
and cooling placed
ap
p
r
o
p
r
i
a
t
e
l
y
·
Pr
o
v
i
d
e
s
h
a
b
i
t
a
t
fo
r
bi
r
d
s
•
R
e
q
u
i
r
e
s
li
t
t
l
e
or
no
ir
r
i
g
a
t
i
o
n
on
c
e
established
•
li
t
t
l
e
or
no
fe
r
t
i
l
i
z
e
r
,
pe
s
t
i
c
i
d
e
s
or herbicides
•
Lo
w
m
a
i
n
t
e
n
a
n
c
e
on
c
e
es
t
a
b
l
i
s
h
e
d
~
0
T
e
c
h
n
i
q
u
e
5
$3
-
S
6
p
e
r
sq
u
a
r
e
fo
o
t
r
a
i
n
g
a
r
d
e
n
is
a
la
n
d
s
c
a
p
e
fe
a
t
u
r
e
t
h
a
t
is
p
l
a
n
t
e
d
w
i
t
h
n
a
t
i
v
e
p
e
r
e
n
n
i
a
l
p
l
a
n
t
s
to
sl
o
w
do
w
n
th
e
st
o
r
m
w
a
t
e
r
ru
n
o
f
f
fr
o
m
im
-
pe
r
v
i
o
u
s
s
u
r
f
a
c
e
s
(s
u
c
h
a
s
ro
o
f
s
,
si
d
e
w
a
l
k
s
a
n
d
p
a
r
k
i
n
g
lo
t
s
)
al
l
o
w
to
i
n
f
i
l
t
r
a
t
e
b
a
c
k
i
n
t
o
th
e
so
i
l
.
P
o
t
e
n
t
i
a
l
J
.
J
c
.
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t
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u
.
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•
P
r
o
v
i
d
e
s
a
t
t
r
a
c
t
i
v
e
a
r
e
a
to
re
c
e
i
v
e
di
s
c
h
a
r
g
e
fr
o
m
do
w
n
s
p
o
u
t
s
•
F
i
l
t
e
r
s
si
l
t
,
p
o
l
l
u
t
a
n
t
s
a
n
d
d
e
b
r
i
s
•
R
e
d
u
c
e
s
r
a
t
e
a
n
d
q
u
a
n
t
i
t
y
o
f
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t
o
r
m
w
a
t
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r
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n
t
e
r
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th
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s
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w
e
r
s
y
s
t
e
m
g
r
o
u
n
d
\V
a
t
e
r
•
P
r
o
v
i
d
e
s
h
a
b
i
t
a
t
fo
r
b
i
r
d
s
a
n
d
wi
l
d
l
i
f
e
•
C
a
n
he
l
p
re
d
u
c
e
lo
c
a
l
i
z
e
d
fl
o
o
d
i
n
g
T
e
c
h
n
i
q
u
e
6
s
10
-
$
5
,
0
0
0
A
r
a
i
n
b
a
r
r
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l
o
r
ci
s
t
e
r
n
i
s
a
co
n
t
a
i
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r
used to collect and store
r
a
i
n
w
a
t
e
r
fr
o
m
a
bu
i
l
d
i
n
g
ro
o
f
fo
r
va
r
i
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u
s
uses including
i
r
r
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g
a
t
i
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g
P
o
t
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n
t
i
a
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Be
n
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f
i
t
s
•
Re
c
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c
l
e
s
r
a
i
n
w
a
t
e
r
w
a
t
e
r
•
Re
d
u
c
e
s
th
e
q
u
a
n
t
i
t
y
of
st
o
r
m
w
a
t
e
r
runo±I
•
C
a
n
pr
o
v
i
d
e
w
a
t
e
r
fo
r
p
l
a
n
t
ir
r
i
g
a
t
i
o
n
~
~
T
e
c
h
n
i
q
u
e
7
Pe
r
m
e
a
b
l
e
pa
v
e
m
e
n
t
al
l
o
w
s
ln
t
i
l
t
r
a
t
l
o
n
o
t
nl
r
md
wa
t
e
r
~ 6
Q
P
e
r
m
e
a
b
l
e
p
a
v
i
n
g
al
l
o
w
s
r
a
i
n
w
a
t
e
r
to
p
e
n
e
t
r
a
t
e
su
r
f
a
c
e
a
n
d
st
o
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b
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m
a
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r
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d
in
f
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i
n
t
o
th
e
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s
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d
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a
l
fo
r
s
m
a
l
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a
r
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a
s
pa
t
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o
s
,
dr
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P
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Be
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f
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R
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THIS PAGE INTENTIONALLY LEFT BLANK
30
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 38-11/12, FOR PROFESSIONAL ENGINEERING
SERVICES TO PROVIDE, ON AN "AS-NEEDED" BASIS, CONSTRUCTION
MANAGEMENT SUPPORT OF RIGHT-OF-WAY CAPITAL IMPROVEMENT PROJECTS;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION WITH THE THREE TOP-RANKED PROPOSERS: COM SMITH, INC.,
ATKINS NORTH AMERICA, INC., AND AECOM TECHNICAL SERVICES, INC. AS THE
PRIMARY, SECONDARY, AND TERTIARY FIRMS RESPECTIVELY; AND SHOULD THE
ADMINISTRATION BE UNABLE TO NEGOTIATE AN AGREEMENT WITH ANY OF THE
TOP-RANKED FIRMS, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH
THE FOURTH-RANKED FIRM OF PCLIPIRTLE, A JOINT VENTURE, AS THE TERTIARY
FIRM.
WHEREAS, on March 21, 2012, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 38-11/12, for professional engineering
services to provide, on an "as-needed" basis, construction management support of right-of-
way capital improvement projects; and
WHEREAS, the RFQ was issued on March 26, 2012, with an opening date of April
18, 2012;and
WHEREAS, a pre-qualification meeting to provide information to prospective
proposers was held on April 3, 2012; and
WHEREAS, Bidsync sent notices to 504 prospective proposers resulting in the
receipt of eleven (11) proposals by AECOM Technical Services, Inc., Atkins North America,
Inc., Bermello Ajamil & Partners, Inc., Calvin, Giordano & Associates, Inc., COM Smith, Inc.,
CIMA Engineering Corp., Corzo Castella Carballo Thompson Salman, P.A. (C3TS), Parsons
Brinckerhoff, Inc., PCL!Pirtle, A Joint Venture, Tamayo Engineering, LLC, and URS
Corporation; and
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 216-2012,
appointed the following individuals as Evaluation Committee (the "Committee") members:
• Mike Alvarez-Infrastructure Division Director, Public Works Department (alternate)
• Maria Cerna-Senior Capital Projects Coordinator, CIP Office
• Elie Fakie-Utilities Supervisor, Public Works Department
• Saul Gross -Resident, Capital Improvements Project Oversight Committee
Chairman
• David Martinez-Acting Assistant Director, CIP Office
• Michael Phang -Resident, Associate Dean at the University of Miami College of
Engineering; and
WHEREAS, the Committee convened on August 30, 2012, to discuss their individual
perceptions of each prospective bidder's qualifications, experience, and competence and to
recommend to the Interim City Manager for the Administration to negotiate agreements with
the three top-ranked firms of COM Smith, Inc., Atkins North America, Inc., and AECOM
Technical Services, Inc. as the primary, secondary, and tertiary firms respectively; and
31
Agenda Item-=-=,.;:--
Date -L...;.;;......;..=....._
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the Interim City Manager exercised her due diligence and carefully considered
the specifics of this RFQ process; and
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the Interim City Manager exercised her due diligence and is recommending that
the Mayor and the City Commission authorize for the Administration to negotiate agreements
with the three top-ranked firms of COM Smith, Inc., Atkins North America, Inc., and AECOM
Technical Services, Inc. as the primary, secondary, and tertiary firms respectively; and also
recommended that the Administration negotiate an agreement with PCL/Pirtle, a Joint
Venture, as the tertiary firm, in the event negotiations are unsuccessful with any of the three
top-ranked firms.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Qualifications (RFQ) No. 38-11/12, for professional engineering services to provide, on
an "as-needed" basis, construction management support of right-of-way capital improvement
projects; authorizing the Administration to negotiate agreements with the three top-ranked
firms of COM Smith, Inc., Atkins North America, Inc., and AECOM Technical Services, Inc.
as the primary, secondary, and tertiary firms respectively; and should the Administration be
unable to negotiate an agreement with any of the top-ranked firms, authorizing the
Administration to negotiate with the fourth-ranked firm of PCL!Pirtle, a Joint Venture, as the
tertiary firm.
PASSED AND ADOPTED THIS---DAY OF ____ .2012.
ATTEST:
CITY CLERK MAYOR
32
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LETTER OF AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA, THROUGH ITS AGENCY
FOR HEALTH CARE ADMINISTRATION; SUBJECT TO AND
CONDITIONED UPON A FORMAL WRITTEN
ACKNOWLEDGEMENT BY MT. SINAl THAT THE CITY'S
APPROVAL AND EXECUTION OF THE AFORESTATED LETTER
AGREEMENT SATISFIES AND RELEASES THE CITY'S
OBLIGATIONS UNDER THE 2008 MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN THE CITY AND MT. SINAl
FOR THE LOWENSTEIN BUILDING WORKFORCE HOUSING
PROJECT; FURTHER APPROPRIATING $250,000 FOR THE
LETTER AGREEMENT(REPRESENTING THE AMOUNT OF WHAT
WOULD HAVE BEEN THE CITY'S CONTRIBUTION TO MT. SINAl
UNDER THE MOU).
WHEREAS, under a 2008 MOU between the City and Mt. Sinai Medical Center
(the"MOU"), the City agreed to contribute funding from the Miami Beach Health Facilities
Authority ("MBHFA"), in the amount of $250,000, toward a capital project to be undertaken
by Mt. Sinai involving the renovation of the second and third floors of the Lowenstein
Building to provide "workforce housing" (i.e., in this case, to create rental housing for
essential services personnel, with a focus on registered nurses); and
WHEREAS, Mt. Sinai agreed to fund, or ascertain the funding for, the balance
necessary to complete the aforestated workforce housing project; and
WHEREAS, the project has been completed; and
WHEREAS, MBHFA derives its funds from Annual Bond Fees charged to Mt. Sinai
for the issuance of its MBHFA bonds; and
WHEREAS, the MBHFA met on July 12, 2012, and approved the issuance of
$145,000,000 of the MBHFA Revenue Refunding Bonds for Mount Sinai Medical Center;
and
WHEREAS, the MBHFA also approved the payment of the City's MOU contribution,
in the amount of $250,000, to Mt. Sinai for the workforce housing project; and
WHEREAS, in lieu of making the aforestated payment directly to Mt. Sinai, Mt. Sinai
has requested that the City enter into a Letter of Agreement with the State of Florida,
through its Agency for Health Care Administration, whereby the City would remit the
$250,000 to the State, and those monies would be used to increase the provision of
Medicaid funded health services through the buyback of Medicaid inpatient and outpatient
trend adjustments; and
33
Agenda Item C 7 '-
Date (/-(.).-12-
WHEREAS, it is further recommended that the City Commission's approval and
execution of the Letter of Agreement with the State be conditioned upon Mt.
Sinai's agreement that the Letter of Agreement satisfies the City's outstanding obligation to
pay Mt. Sinai the $250,000 under the 2008 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and the Mayor And City Clerk are authorized to execute a
Letter Of Agreement Between the City of Miami Beach and the State Of Florida, through Its
Agency For Health Care Administration, subject to and conditioned upon a formal written
acknowledgement by Mt. Sinai that th·e City's approval and execution of the aforestated
letter agreement satisfies and releases the City's obligations under the 2008 MOU between
the City and Mt. Sinai for the Lowenstein building workforce housing project; further
appropriating $250,000 for the letter agreement (representing the amount of what would
have been the City's contribution to Mt. Sinai under the MOU.
PASSED and ADOPTED this----day of _____ , 2012.
ATTEST:
City Clerk
T:\AGENDA\201219-12-12\MSMC LOA RESO.DOCX
34
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
P.A.
200 S. Hicr,nma
Miami, FL 33131
(Space reserved for Clerk)
IMPROVEMENTS AND MAINTENANCE OF
TRAFFIC CIRCLE AREAS WITHIN RIGHT -OF-WAY
PUBLIC BEACH WALK AND
THIS AND
MAINTENANCE OF TRAFFIC CIRCLE WITHIN RIGHT -OF-WAY
AND BEACHWALK AND EXCHANGE OF EASEMENTS
THERETO (the 11 Dedaration11
) is made this __ day of --~ 2012, by Seville
Acquisition, a Delaware limited liability company (the "Owner") in favor of the
City of Miami Beach, Florida, a municipality of the State of Florida (the 11 City 11
).
WHEREAS, the Owner holds fee-simple title to the real property (the "Master
Parcel") described on the attached Exhibit A ; and
the Owner has obtained several development approvals and is
currently seeking building permits from the City of Miami Beach for the restoration and
redevelopment of the Master Parcel to a hotel and residential condominium project (the
"Project") and, in connection with the construction of the Project, Owner proposed to
35
Item <!7N
Date 9-1'2,...12
reconfigure and reconstruct an existing traffic circle (the "Traffic Circle") and
surrounding City owned right-of-way areas adjacent to the Master Parcel ("City
Property"), which proposal contemplates the installation of pavers and landscaping, as
well as the relocation of roadways and landscaped areas within the right-of-way (the
"Traffic Circle Improvements"); and
WHEREAS, the Traffic Circle is depicted and legally described on the attached
Exhibit B-1, the City Property depicted and legally described on the attached Exhibit
B-2, and the Traffic Circle Improvements are depicted on the attached='-"=.:.::.....:::;._;;;;. (the
"Traffic Circle Improvements Site Plan"); and
WHEREAS, Owner will be responsible for maintaining the portion of the
City Property where Traffic Circle Improvements have occurred; and
WHEREAS, the City has requested a covenant from the Owner to ensure that the
improvements installed by or on behalf of the Owner will be maintained in a
satisfactory manner, as described in this Declaration, in perpetuity without cost or
obligation to the City, for as long as the City does not require the removal and
replacement of such improvements, as such removal and replacement may be required
pursuant to the terms and conditions of this Declaration.
NOW, the Owner voluntarily covenants and the
Master Parcel shall be subject to the following provisions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner, its
2
36
successors in interest and assigns, as follows:
1. Preamble. The recitals and findings set forth in the preamble of this
Declaration are hereby adopted by reference thereto and incorporated herein as if fully
set forth in this Section. As used in this Declaration, the term "Owner" shall mean,
initially, Seville Acquisition, LLC, and following the conveyance of the Master Parcel by
Seville Acquisition, LLC, "Owner" shall mean and refer to the then-current owner(s) of
the Master Parcel.
Maintenance Obligations. The Owner shall be required to perform
maintenance on all of the Traffic Circle Improvements as reasonably necessary from
time to time to ensure that the City Property shalL at all times, remain in proper
condition as follows:
(i) repairing and/ or replacing broken or cracked brick pavers;
(ii) maintaining, trimming, removing or replacing the landscaping in at
least the same or substantially similar level of landscaping to that which is
initially placed on the City Property by Owner; and
(iii) maintaining the paved surface areas on the City Property in a level
condition so as not to create a tripping hazard for pedestrians.
The Owner shall be responsible for restoring, repairing and/ or replacing the
pavers and landscaping within a reasonable time, not exceeding forty-five ( 45) calendar
days, following "Acts of Nature" or a permitted Utility Company or City contractor's
37
maintenance, repair and/ or replacement of any portion of the curbs, gutters, storm
drains, utility facilities, roadways or other improvements abutting and/ or lying on or
under the City Property (the 11 Work11
). The City, Utility Company or City contractor
shall notify Owner writing in advance of such Work and shall make all necessary
effort to salvage and store on site the Traffic Circle Improvements' salvageable material
and shall provide a temporary restoration surface with a City standard material such as
cement or asphaltic concrete.
3. Failure to Maintain Improvements/ City's Power to
In an instance where the City has determined after reasonable investigation that the
Owner has not adequately maintained, repaired or replaced the Traffic Circle
Improvements in accordance with the requirements of Section 2 of this Declaration, or
when the City's Parks Department deems that landscaping within the Traffic Circle
Improvements is not properly maintained accordance with the requirements of
Section 2 of this Declaration (collectively a 11 Default11
), then after having given the
Owner forty-five (45) calendar days written notice of and opportunity to cure the
Default, the Owner acknowledges that the City, as the affected local government, has (i)
the power and standing to initiate, or intervene in, any proceeding relevant to the
condition or maintenance of the Property and/ or the Default and (ii) the power to
actions to require Owner to maintain the Traffic Circle Improvements
according to the maintenance standards set forth in Section The Owner and its
4
38
successors and assigns hereby forever waive any objection to such standing, initiation
or intervention by the City (after notice and an opportunity to cure as set forth in this
Section 3). If the Owner does not cure the Default to the reasonable satisfaction of the
City and/ or the City 1s Department within the forty-five (45) calendar day cure
then the City also has (i) the right to terminate this Declaration and/ or repair or
replace the Traffic Circle Improvements on the City Property, following the forty-five
(45) calendar days written notice and cure period or (ii) to exercise self-help measures to
correct the Default. If the City incurs expenses in connection with maintaining,
repairing or replacing the Traffic Circle Improvements on the City Property/ then all
maintenance/ repair replacement expenses by the City shall be reimbursed
by Owner within thirty (30) days after the City provides written invoice and supporting
documentation to Owner relating to such maintenance, repair and/ or replacement
expenses. Any such expenses for maintenance, repair and/ or replacement not timely
reimbursed to City shall constitute a lien against the Master Parcel.
4. Grant of Easements. Owner grants an easement to the City for the purpose of
permitting the public ingress and egress over that portion of the Master Parcel depicted
in ==-:=:;..;::.;:_-=-and more specifically as described in the legal description attached as
The City grants a non-exclusive easement to Owner over the City Property
for the purpose of installing, maintaining, repairing, replacing and removing, as
applicable, the Traffic Circle Improvements. Should a permit or any approval be
39
required from the Florida Department of Transportation, or any other agency, in order
to install any improvements over the City Property, Owner shall be required to obtain
such permit or approval prior to the commencement of any such work The City will
still have the right to install utilities and/ or grant utility easements within the non-
exclusive easement. Immediately after the installation of any utilities or infrastructure
improvements, the City shall restore the easement area to the condition that existed
prior to the commencement of any work by the City or its agent.
5. Public Walk. The Owner has voluntarily offered, proffered and agreed
to construct a grade level public beach walk ("Public Beach Walk") along the rear of the
subject site (2901 Collins Avenue), from approximately Street to 30th Street, which
shall be implemented according to the following conditions.
a. The existing raised board walk adjacent to the dune, in between the
south right-of-way line of 29th Street and the north right-of-way line of 30th Street
shall be demolished and removed. A new Public Beach Walk shall be designed,
permitted and built by the applicant and shall connect to existing raised
boardwalk (or beachwalk if such boardwalk has been removed) to the north of
30th Street and to the south of 29th Street. All costs associated with the design,
permitting and construction of the Public Beach Walk, as described herein, shall
be borne by the Owner.
b. The Public Beach Walk shall be consistent with the beach walk
6
40
master plan, and shall require the review and approval of the Public Works
Department, as well as all other applicable regulatory agencies and authorities.
c. Public Beach Walk shall be permitted and substantially
completed prior to the issuance of the Final Certificate of Occupancy for
Historic Preservation Board in HPB file no. work approved by
Order dated ------J
----
copy attached as Exhibit D. However, should the
completion of the Public Beach Walk be delayed by circumstances beyond the
Owner's control, such as permitting delays by the City or any State agency, or
other agency having jurisdiction, the issuance of the Final Certificate of
Occupancy shall not be withheld provided that the cost of completion is bonded,
or placed in escrow pursuant to a further agreement with the City, in a form
subject to the approval of the City Attorney.
6. No City Financial Obligation or Third Beneficiaries. The Owner
acknowledges that the City has and will have no financial obligations or liability for the
improper maintenance of the Traffic Circle Improvements by Owner, which are
appropriately within the obligations of the Owner to maintain the Traffic Circle
Improvements as provided in Section It is intention of the parties hereto that no
third party beneficiary rights are created or acknowledged through this Declaration.
7. Term of Declaration. This Declaration shall remain in full force and effect and
shall be binding upon the Owner for an initial period of thirty (30) years from the date
41
this instrument is recorded in the public records, and shall be automatically extended
for successive periods of ten (10) years, unless modified, amended or released by
mutual agreement of Owner and the City prior to expiration thereof or terminated
by the City as provided for in Section 3 of this Declaration.
8. Modification. This Declaration may be modified, amended or released as to
any portion of the Master Parcel, Traffic Circle or City Property encumbered by this
Declaration by a written instrument executed by the City and Owner, provided that
same been approved by the Director of the Public Works Department. Should this
instrument so modified, amended or released, the Director of the Public Works
Department, or their successor, or other administrative officer with jurisdiction over the
matter, shall execute a written instrument in recordable form, within thirty (30) days
after such instrument is presented to the Director, effectuating and acknowledging such
modification, amendment or release.
9. Severability. Invalidation of any provision of this Declaration by judgment of
Court shall not affect any of the other provisions of this Declaration, which shall remain
in full force and effect.
10. Recording. This Declaration shall be recorded in the Public Records of
Miami-Dade County, Florida, at the cost of the Owner.
11. City Inspection. It is understood and agreed that any official inspector of the
City may have the right at any time during normal working hours to investigate the use
42
and development of the Traffic Circle Improvements, to determine whether the
conditions of this Declaration and the requirements of the City's building, zoning, land
development regulations and minimum construction and maintenance standards
relating to the Traffic Circle Improvements are being complied with.
Hold Harmless Indemnification.
A. Owner shall indemnify and hold harmless City, its officers and
employees, from any costs, liabilities, claims, losses, and damages (including, without
limitation, reasonable attorneys1 fees and disbursements at the trial level and all levels
of appeal), whether suit instituted or not, relating to death of or injury to persons, or
loss of or damage to property, resulting from, arising out of, or incurred connection
with the existence and use of the easement and the easement area by Owner, and/ or its
officials, employees, contractors, and agents; and including, but not limited to, any
violation by the Owner, and/ or its officials, employees, contractors, and agents, of any
laws, rules, regulations or ordinances regarding hazardous materials, hazardous
wastes, hazardous substances, solid waste, or pollution, whether now existing or
hereafter enacted or promulgated, as they may be amended from time to
('
1Environmental Laws 11
); any presence, release, or threat of release of hazardous
materials, hazardous wastes, hazardous substances, solid waste or pollution at, upon,
under, from or within the easement area by Owner, and/ or its officials, employees,
contractors, and agents; the failure of Owner, and/ or its officials, employees,
43
contractors, and agents, to duly perform any obligations or actions required to be
under any Environmental Laws {including, without limitation, imposition by any
governmental authority of any lien or so-called 11 super priority lien11 upon the easement
area); any dean-up costs; liability personal injury or property damage or damage to
the environment; and any penalties, and punitive damages, or any fines or
assessments incurred by or claimed against City and out of the failure of Owner,
and/ or its officials, employees, contractors, and agents, to comply with Environmental
Laws in connection with the use of easement and the easement area by Owner,
and/ or its officials, employees, contractors, and agents.
Owner shall also, as
to this Section 12, defend any and
of the indemnification provided to City pursuant
.......... , .............. asserted against City resulting from, arising
out of, or incurred in connection with the existence and/ or use of the easement and the
easement area by Owner, and/ or its officials, employees, contractors, and agents.
Owner shall be entitled to select counsel of Owner's choice to defend the claim;
provided, however, that such counsel shall first be approved by City's City Attorney,
which approval shall not unreasonably conditioned, withheld, or delayed; and,
provided further, the City shall be permitted, at its cost and expense, to retain
independent counsel to monitor the claim proceeding. The duty to defend set forth
this subsection shall be severable and independent from the indemnity obligations
otherwise set forth this Section 12, to the extent that if any other provisions and/ or
10
44
subsections of this Section are deemed invalid and/ or unenforceable, this duty to
defend provision shall remain in full force and effect.
C. Notwithstanding anything contained in Section 12 to the contrary, Owner
shall not be obligated or liable to City, or any third parties, for any liabilities,
expenses, losses, claims or damages, resulting from the gross negligence, recklessness
or willful misconduct of City or its officials, employees, contractors, and agents.
D. indemnity and defense obligations set forth in this Section 12 including,
without limitation, the provisions its subsections, shall survive the expiration of the
Term or any termination of this easement regarding any and all costs, liabilities, claims,
losses, and damages (including, without limitation, reasonable attorneys' fees and
disbursements at the trial level and all levels of appeal), whether suit is instituted or
or loss of or damage to property, resulting
from, arising out of, or incurred in connection with the existence and use of the
easement and the "'"'c"'rn
and/ or agents
13.
Declaration relating to
area by Owner and/ or its officials, employees, contractors,
An action to enforce the terms and conditions of
Traffic Circle Improvements may be brought by City and
may be by action at law or in equity against Owner violating or attempting to violate
any such provision of Declaration, either to violations or to recover
damages. prevailing party in or suit shall be entitled to recover costs and
11
45
reasonable attorneys' fees, at levels of trial and appeal. This enforcement provision
shall in addition to any other remedies available under the law.
WITNESS
Declaration as of the day
Owner and City have duly executed this
year first above written.
[REMAINDER PAGE LEFT INTENTIONALLY BLANK]
12
46
Delivered
Signed, and Delivered
In Our Presence:
Public Works Director Dated
" DATED
OWNER:
Seville a Delaware
limited liability company
By:
Name:
Title:
CITY:
By:
Name:
Miami Beach, Florida, a
of the State of Florida
F:\ATTO\HELG\Agreements\Seville Traffic Circle\ Declaration re_ Traffic Circle Improvements rev 9-6-12.doc
13
47
EXHIBIT A
All of Block 11, together with alley through saki Block 11 extending from the North line of said Block 11 to
the Northerly line of Miami Beach Drive; ALSO
A certain tract or parcel of lqnd lying South of and adjacent to Lot 1 of Block as shown upon the Plat
of THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, recorded in Plat
Book 5, at Pages 7 and 8, of the Public Records of Miami-Dade County, Florida, more particularly
described as follows, to wit:
Begin {P.O.B.) at the Southwesterly comer of said Lot 1; thence in a Southerly direction along the
Westerly line of said Lot 1 extended to the intersection of Miami Beach Drive; thence in a Southeasterly
direction following the curves of said Miami Beach Drive to a point on said Drive which intersects a line
parallel with the Southerly line of lot 5, Block 8, according to the aforesaid the distance of said line
from the Southerly line of said Lot 5 being determined by the most Northerly point of sald lot 5; thence in
an Easterly direction along a line parallel with the Southerly line of said lot 5 to the erosion control line of
the Atlantic Ocean, said line recorded in Plat Book 105, at Page 62., of the Public Records of Miami-Dade
County, Florida; thence run Northerty along the refefenced erosion control line of the Atlantic Ocean to
the South line of said lot 1; thence Westerly along the South line of said Lot 1 to the Point of Beginning
(P.O.B.);
All according to the Plat of The Ocean Front Property of The Miami Beach Improvement Company,
recorded in Plat Book 5, at Pages 7 and 8, of the Public Records of Miami-Dade County, Florida;
LESS, HOWEVER, the following portion of said Parcell, which has been heretofore sold and conveyed IJy
the said PANCOAST PROPERTIES, INC., unto the oty of Miami Beach, a Florida munidpal corporation, the
said excepted portion described as follows:
A portion of that certain parcel of land lying Southerly of and adjoining Lot 1, Block 11, of THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, as shown on the amended map
thereof, recorded in Plat Book 5, at 7 and 8, of the Publlc Records of Miami-Dade County, Florida;
said portion being bounded as follows:
Bounded on the Southerly side by a line drawn Easterly from the most Northerly point of Lot 5, Block 8, of
the above mentioned OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, and
parai!el to the Southerly line of lot 5; Bounded on the Northerly side a line parallel to and 35 feet
Northerly of the above described Southerly Boundary; Bounded on the side by the Atlantic
Ocean; Bounded on the Westerly side by the Westerty line of the said parcel of land lying Southerly of and
adjoining said Lot 1, Block
48
PARCELS: (VACATED RIGHT~OF-WAY)
The Right of Way, including Air Rights over the following described property, commencing at a horizontal
plane 30 feet vertical from +7.0 elevation U.S.E.D. Bay Datum.
Commence (P .O.C) at the Northwesterly comer of Lot 4, Block 11, of the OCEAN FRONT PROPERTY OF
MIAMI BEACH IMPROVEMENT COMPANY, A SUBDIVISION., recorded in Plat Book 5, at Page 7 of the
Public Records of Miami-Dade COunty, florida, and run S. 19 57' 11" W .• along the Easterly line
of Collins Avenue, also being the Westerly nne of said Block 11, a dlstanc:e of 225.40 feet to a point of
curvature (P.C.) of a circular curve, having a radius of 16.00 feet, said point of curvature (P.C.) being the
Soutnwesterly comer of Lot 6 of referenced Block 11 and the Point of Beginning (P.O.B,) of that part of
29th Street hereinafter described: Thence run Southeasterly and Easterly along the arc of said rurve,
along the Northerly line of 29th Street, through a central angle of 12.0 degrees 44' 19"1 a distance of
33.72 feet to a point of reverse curvature (P.R.C.) of a circular curve., concave Southwesterly, and having
a radius of 100.00 feet; the following three (3) courses are along the Northerly line of said 29th Street;
thence run Northeasterly, Easterly and Southeasterly along the arc of said curve, through a central angle
of 99 degrees 01' 06" a distance of 172.B2 feet to a point of reverse curvature (P.R.C.) of a circular curve
concave Northeasterly, and having a radius of 85.00 feet; thence run Southeasterly along the arc of said
curve, through a cenlnll angle of 46 degrees SB' 04", a distance of 69.68 feet to a point of reverse
curvature (P.R.C.) of a drcular curve, concave Sollthwesteny, and having a radius of 95.83 feet; thence
run Southeasterly along the arc of said curve, throogh a central angle of 11 degrees 10' 45" a distance of
18.698 feet to the Intersection of the Easterly line of Miami Beach Drive, as said Drive is referenced on the
aforementioned Recorded Plat; thence run N. 70 degrees 02' 49" W., through said 29th Street, a distance
of 111.44 feet to a point on the exterior boundary of a circular tract having a diameter of 100.00 feet and
)ylng within the confines of 29th Street between Block 8 and Bloc!< 11 of the aforementioned Subdivision,
the center of said drcu!ar tract bears N. 47 30' 09" W. from this last described point; thence
Northeasterly, Northerly, Northwesterly, Westerly and Southwesterly along the exterior boundary of said
circular tract and along the arc of a circular curve to the left having a radius of 50.00 feet and a central
angle of 202 degrees 32' 41" for 176.75 feet to the intersection of the centerline of the aforesaid 29th
Street; thence run N. 70 degrees 02' 49" W. along said centerline~ a distance of 25".29 feet to the
intersection of the projection Southerly of the Westerly line of the aforementioned Block 11; thence run N.
19 degrees 57' 11" E. along said Southerly projection, a distance of 99.70 feet to the Point of Beginning
(P.O. B.).
PARCEL 6: (CIRCULAR TRACT)
Metes and Bounds Description of Portion of Orcular Curve Tract between Blocks 8 and 11, and East of
Collins Avenue, shown on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, recorded in Plat Book 5, Pages 7 and 81 of the Public Records of Miami~Dade
County, Florida, being more particularly described as fol\ows:
49
Commencing (P.O.(.) at the Point of Curvature of a drcular curve, said "P.C." being 70.00 feet
Northerty from the Southwesterly corner of lot 6, Block 8, AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY; Thence run in a Northerly direction along
the Easterly line of CoUins Avenue, extended Northerly, a distance of 100.00 feet to a point on the
centerline of 5th Street (now 29th Street), extended Easterly; thence run in an Easterly direction along a
line deflecting 90 degrees to the right along the centerline of 29th Street, extended Easterly, a distance of
125.00 feet to the Point of (P.O.B.) of the Tract of Land herein described; said Point of
Beginning (P.O.B.) being the center a circle 100.00 feet in diameter. The portion of said cirde herein
described by chords of drcular segments and their respective middle ordinates is as follows:
From said center of 100.00 foot drde, run in an direction along the centerline of 29th Street,
produced Easterly, a distance of 40.72 feet to a point on the inside edge of a concrete curb (for the
purposes of this description, the centerline of 29th Street is assumed to be Due East and West); thence
run along the arc of a drcular segment, having for lts e;iements, a chord distance of 15.86 feet and
middle ordinate to the left of said chord, of 0.60 feet, l:>earing of said dmrd bearing S 14"25'11.4" W;
thence run along the arc of a circular segment, having for its elements, a chord distance of 20.60 feet,
and a middle ordinate to the !eft of said chord, of 4.40 feet, bearing a said chord being S 7°38'03.3" W;
thence run along the arc of a circular segment, havlng for its elements, a chord distance of 36.68 feet
and a middle ordinate to the left of said chord of 3.70 bearing of said chord s 68"1230" W;
thence run along the arc of a circular segment, having for its elements, a chord drstance of 37.85 feet
and a middle ordinate to the left of S1:1id chord, or 3.75 feet, bearing of said chord being N 67"38'23.8" W;
thence run along the arc of a circular segment, having for its elements, a chord distance of 37.89 feet
and a middle ordinate to the left of said chord of 3.75 feet, bearing of said chord being N 22"30'00" W,
the Northerly end of said chord being on the centerline of 29th extended Easterly, and 49.50 feet
Due West of the center of said drde; !:hence run along the arc of a circular segment, having for its
elements, a chord distance of 37.02 feet and a middle ordinate to the left of said chord, of 430 feet,
bearing of said chord being N 26"00'20.5" E; thence run along the arc of a drcular segment, having for
its elements, a chord distance of 34.74 feet and a middle ordinate to the left of said chord, of 2.80 feet,
bearing of said chord being N 73"'15'09.5" E; thence along the arc of a drcular segment, having for its
elements, a chord distance of 32.85 feet and a middle ordinate to the left of said chord, of 3.62 feet,
bearing of said chord being 5 65°21 '21. 4" E; thence run along the arc of a circular segment to the Point
of Beginning (P.O.B.), said segment having for Its elements, a chord distance of 31.92 feet and a middle
ordinate to the left of said chord, of 3.58 feet, bearing of said chard being S 19"26'48.0" E.
50
EXHIBIT "B-1"
SKETCH & LEGAL DESCRIPTION
CIRCULAR TRACT
LEGAL DESCRIPTION:
Metes and Bounds Description of Portion of Circular Curve Tract between Block 8 and 1 1, and East of Collins Avenue, shown on
the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, recorded in
Plat Book 5, Pages l and 8, of the Public Recor·ds of Miami-Dade County, Florida, being more particularly described as follows:
Commencing (P.O.C,) at the Point of Curvature (P.C.) of a circular curve, said "P.C." being 70.00 feet Northerly from the
Southwesterly corner of Lot 6, Block 8, AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY; thence run in a Northerly direction along the Easterly line of Collins Avenue, extended Northerly, a
distance of 100.00 feet to a point on the centerline of 5th Street (now 29th Street), extended Easterly; thence rtm in an Easterly
direction along a line defiecting 90 degrees to the right along ttw centerline of 29th Street, extended Easterly, a distance of 125.00
feet to the center of a circle 100.00 feet in diameter; thence continue in an Easterly direction along the centerline of 29th Street,
produced Easterly, a distance of 40.72 feet to a point on the inside edge of a concrete curb, said point being the POINT OF
BEGINNING (P.O.B. #5) of this tract (for the purposes only of this description, the centerline of 29th Street is assumed Due East
and West); thence run along said inside edge of the concrete curb, being along circular arc segments described by chords having
the following chord lengths, middle ordinates and chord bearings as follows:
From said POINT OF BEGINNING (P.O.B. #5) run along the arc of a circular segment, having for its elements, a chord distance or
15.86 feet and a middle ordinate to the left of said chord, of 0.60 feet, bearing of said chord being S14°25'11.4"W; thence run
along the arc of a circular segment, having for its elements, a chord distance of 20.60 feet, and a middle ordinate to the left of said
chord, of 4AO feet, bearing of said chord being S7'38'03.3"W; !hence run along the arc of a circular segment, having for its
elements, a chord distance of 36.68 fee! and a middle ordinate lo the left of said chord of 3.70 feet, bearing of said chord being
S68"12'30"W; thence nm along the arc of a circular segment, having for its elements, a chord distance of 3/.85 feet and a middle
ordinate to the left or said chord, of 3.75 feet, bearing of said chord being NG7'38'23.8"W; thence run along the arc of a circular
segment, having for its elernents, a chord distance of 37.891eet and a middle ordinate to the left of said chord of 3.75 feet, bearing
of said chord being N22.30'00"W, the Northerly end of said chord being on !he centerline of 29th Street, extended Easterly, and
49.50 feet Due West of the center of said circle; thence run along the arc of a circular segment, having lor its elements, a chord
distance ol37.02 teet and a middle ordinate to the left of said chord, of 4.30 !eel, bearing of said chord being N26'00'20.6"E;
thence run along the arc of a circular segment, having for its elernents, a chord distance of 34.74 feet and a middle ordinate to the
left of said chord, of 2.80 feet, bearing of said chord being N73'16'09.5"E; thence along the arc of a circular segment, having lor its
elements, a cl1ord distance of 32.85 feet and a middle ordinate to the left of said chord, of 3.62 feet, bearing of said chord being
S66'21'21.4"E; thence run along the arc of a circular segment to the POINT OF BEGINNING {P.O.B. #5), said segment having for
its elements, a chord distance of 31.92 feet and a middle ordinate to the left of said chord, or 3.58 feet, bearing of said chord being
s·1 9"26'48 O"E.
NOTES:
along the
~karn! Beach, Mfamf·Oade Count';,
oflar.d,
accompany th~:;. ie~1al
51
EXHIBIT "B-1"
SKETCH & LEGAL DESCRIPTION
CIRCULAR TRACT
SCAl.E:1"~30" r
29th STREET L
30'
NOTES:
\
I\
I
I
LOT6
" \
\
\
/~SUBJECT PARCEL\
,/ \
/'\
~
(INSIDE FACE oa~ CONCRETE CURB)
LOTS
BLOCK 8
LEGEND:
O,C ft MIAMI~DADE COUNW PUBLIC RECOfWS
LB liCENSED BUSINESS
PR PLAT BOOI<
PC. PAGE
P,OR POINT OF BEGINNING
PD C. POINT OF COMMENCEMENT
R/W R!GHT-OF~WAY
52
EXHIBIT "B-2"
SKETCH & LEGAL DESCRIPTION
RIGHT-OF-WAY TRACT
LEGAL DESCRIPTION:
A Parcel comprising a portion of the right-of-way of Collins Avenue together with a portion the circular road right-of-way lying between Blocks 8 and
11 as shown on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, recorded in
Pial Book 5, Pages 7 and 8 of the Public Records of Miami-Dade County, Florida, said parcel being more particularty described as follows:
Commence at the Southwest corner of said Lot 6, block 8, thence along an assumed bearing due North and along Westerly line of said l..o!G,
Block 8 fm TO.OO feel to the POINT OF BEGINNING #1 of the following described parcel; thence S89'0i'03"W for 45.79 feet; thence
N00"58'57''W for 21.56 feet to a point of curvature of a circular curve to the right; thence Northerly, and Northeasterly along the arc of said circular
curve having a radius of 55.13 feet and a central angle of 61 '12'05' for 51.61 feet; thence N18"32'23"E for 56.82 feet to a point on a circular curve
concave Easterly with the center of said curve bearing N58"46'01 "E from tim last described point; thence Northwesterly, Northerly and
Northeasterly, along the arc of said circular curve to the right, having a radius of 30.00 feel and a central angle of 42"13'36" for 22. I 11eet to a
point of tangency; thence N1 0"59'37"E for 14.03 feet; thence N02"23'27"E for 43.161eet; thence N89'59'59"E radial to the next described curve
concave Northerly for a distance of 18.72 feel; thence Southeasterly, and Northwesterly, along the arc of said circular curve to tile left
having a radius of 16.00 feet and a central angle of 120'44'19" lor 33.72 feet to a point of reverse curvature; thence Northeasterly, Easterly and
Southeasterly along the arc a circular curve to the right having a radius of 100.00 feet and a central angle of 99'01'06' for a distance of 172.82
feet to a point of reverse curvature; thence along the arc of a circular curve to the left having a radius of 85.00 feet and a central
angle ol43°'18'15" for 64.24 feet; thence S24'58'32"W 18.24 feet to the point of curvature of a circular curve to the left; thence Southwesterly,
Southerly and along the arc of said circular curve having a radius of 5.00 feet and a central a_ngle ol84"17'27" for 7.36 feet to a
point of tangency; thence for 14.88 feet; thence S30"41 '05"W, radial to the next described curve concave Southerly for a distance of
27.45 feet; thence Northwesterly, Westerly and Southwesterly, along the arc of a circular curve to the left having a radius of 6"1.48 feel and a
central angle of 76"51'24" lor 45.83 feel to a point of reverse curvature; thence Southwesterly, Westerly and Northwesterly, along the arc of a
circular curve to the right having a radius of 100.00 feet and a central angle ol89"02''16" for 155.40 feet to a point of reverse curvature; thence
Northwesterly, Westerly, Southwesterly and Southerly along the arc of a cir·cular curve to the left having a radius of 34.72 feet and a central angle
of 132"04'30" for an arc distance of 80.04 feet to the POINT OF BEGINNING #1. ·
LESS AND EXCEPT
All that portion of that certain Circular Tract lying within the above described Parcel, said Circular Tract being described as follows:
Metes and Bounds Description of Portion of Circular Curve Tract between Block 8 and 11, and' East of Collins Avenue, shown on the AMENDED
MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, recorded in Plat Book 5, Pages 7 and 8, of the
Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Commencing (P.O.C.) at the Point of Curvature (P.C.) of a circular curve, said "P.C." being 70.00 feet Northerly from the Southwesterly corner or
Lot 6, Block 8, AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY; thence run in a
direction along the Easterly line of Collins Avenue, extended Northerly, a distance of 100.00 feet to a point on the centerline of 5th Street
(now 29th Street), extended Easterly; thence run in an Easterly direction along a line defiecting 90 degrees to the right along the centerline of 29th
Street, extended Easterly, a distance of 125.00 feet to the center of a circle 100.00 feet in diameter; thence continue in an Easterly direction along
the centerline of 29th Street, produced Easterly, a distance of 40.72 feet to a point on the inside edge of a concrete curb, said point being the
POINT OF BEGINNING (P .0.8. #5) of this tract (for the purposes only of this description, the centerline of 29th Street is assumed Due East and
West); thence run along said inside edge of the concrete curb, being along circular arc segments described by chords having the following chord
lengths, middle ordinates and chord bearings as follows:
From said POINT OF BEGINNING (P.O.I3. #5) run along the arc of a circular segment, having for its elements, a chord distance of 15.86 feet and
a middle ordinate to the left of said chord, of 0.60 feet, bearing of said chord being S14"25'11.4"\N; thence run the arc of a circular segment,
having for its elements, a chord distance of 20.60 feet, and a middle ordinate to the left of said chord, of 4.40 feet, of said chord being
S7"38'03.3"W; thence run along the arc of a circular segment, having tor its elements, a chord distance of 36.68 feet and a middle ordinate to the
left of said chord of 3.70 feet, bearing of said chord being S68"12'30"W; thence run along the arc of a circular segment, having for its elements, a
chord distance of 37.85 feet and a middle ordinate to the left of said chord, of 3:rs feet, bearing of said chord being N6r38'23.8"W; thence run
alon[J the arc of a circular segment, having for its elements, a chord distance of 37.89 feet and a middle ordinate to the left of said chord of 3.75
feet, bearing of said chord being N22'30'00"1N, the Northerly end of said chord being on the centerline of 29th Street, extended Easterly, and
49.50 feet Due West of the center of said circle; thence run along the arc of a circular segment, having for its elements, a chord distance of 37.02
feet and a middle ordinate to the left of said chord, of 4.30 feet, bearing of said chord being N26"00'20.6"E; thence run along the arc of a circular
segment, having for its elements, a chord distance ol34.7 4 feet and a middle ordinate to the left of said chord, of 2.80 feet, bearing of said chord
being N73"16'09.5"E; thence along the arc of a circular segment, having for its elements, a chord distance of 32.85 feet and a middle ordinate to
!he left of said chord, of 3.62 teet, bearing or said chord being S66"21'21.4"E; thence run along tile arc of a circular segment to the POINT OF
BEGINNING (P.O.B. #5), said segment having for its elements, a chord distance of 31.92 feet and a middle ordinate to the left of said chord, of
3.58 feet, bearing of said chord being S19"26'48.0"E.
Refer to sheet 2 of 2 for sketch to accompany the legal description.
LEITER PEREZ & ASSOCIAJ"ES. INC.
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS
LAND PLANNERS-ENVIRONMENTAL
520 N.W. H!STH ST, RD., SUITE :10@, MI.I\M!, FLORIDA 33169
MIAMI-DADE (:\n$1 'l'l2·&l~$ BROWARD {il$4)SN-:!~P:t FAX: {:>Qli) 652-0411
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EXHIBIT "C"
SKETCH & LEGAL DESCRIPTION
BEACH ACCESS EASEMENT
LEGAL DESCRIPTION:
A five (5) foot wide Easement being a portion of Lot 6, Block 11, and a portion of the alley througll said
Block 11 extending !rom the North line of said Block ·11 to the Northerly line of Miami Beach Drive, and a
portion of that certain tract or parcel lying south of and adjacent to Lot 1 of Block 11, as shown on the
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY, recorded in Plat Book 5, Page 7 and 8, of the Public Hecords of Miami-Dade County, Florida,
being more particularly described a follows:
COMMENCE at the Point of Curvature of a circular curve, said Point of Curvature being ·10.00 feet
Northerly from the Southwesterly corner of Lot 6 of Bloc!< 8 of the above mentioned plat; !hence run in a
Northerly direction along the Easterly line of Collins Avenue, extended Northerly, and along an assumed
bearing of due North for 100.00 feet; thence East, along lhe Easterly extension of 5th Street by plat, but
now 29th Street for 125.00 feet; thence N04"22'4~)"E for 'I 00.00 feet to a point on the Southerly line of said
Lot 6, Block 11, said point being the POINT OF BEGINNING of the following described easement; said
point also being at the intersection with a circular curve concave Southerly with the center point of said
curve bearing S28"34'26'E from this last described point; thence Northeasterly, Easterly, and Southeasterly
along the arc of said circular curve to the right having a radius of 60.50 feet and a central angle of
52"2t1'30" for an arc distance of 55.37 feet to a point of GOrnpound curvature with the center point of the
next described curve bearing S23'25'13"W from this last described point; thence Southeasterly and
Southerly along the arc of a circular curve to the right having a radius of 55.00 feet and a central angle of
80'45'35" for77.52 feet to a point on the Northerly right of way line of Miami Beach Drive as shown on the
above mentioned plat, said point lying on a circular curve concave Southwesterly with the center point of
said curve bearing S67'41 '25"W from this last described point; thence Notihwesterly, along said right of
way line of Miami Beach Drive and along the arc of a circular curve to the left having a radius of 100.00 feet
and a central of 4.58'21" for an arc distance of 8.68 feet to a point on circular curve concave
Southwesterly the center point of said circular curve bearing S83.34'21"E from this last described
point; thence Northerly and Northwesterly along the arc of said circular curve having a radius of 50.00 feet
and a central angle of 73"01 '47" for an arc distance of 63.73 feet to a point of compound curvature with the
center point of the next described curve bearing S2.3.53'16"W from this last described point; thence
Northwesterly, Westerly and Southwesterly along the arc of a circular curve to the left having a radius of
55.50 feet and a central angle of 44"28'15" for 43.08 feet to a point on the South line of said Lot 6, Block 1;
said being on a circular curve concave with the center point of said curve bearing
from the last described point; thence along the South line of said Lot 6, Block 1 and
along the arc of a circular curve to the left having a radius of 100.00 feet and a central angle of 5'26'38" for
an arc distance of 9.50 feet to the POINT OF BEGINNING.
in
!he chore
as i! was measu:rno
something less than 50' (the radius of the
23426, 3774 are
Points
data in the
3. Location and coriTIQIUra-llon
4, AREA of the subject easement is
Easement is based on a sketGh provided by NBWW Architects,
Feet, or 0,0'138 Acre, more or less,
5, Client: MARRIOTT INTERNATIONAL,
6, All recording references hereon refer to the Public Records of Miami-Dade Florida.
7. Reference is made to a and SuNey of the Parent Tract Leiter, Perez & Associatfls, Inc,,
dated 8-9 .. 1Q with most recent No, g .. 2229A,
8. The lies in fractional Section 26, Township 53 Sou111, Range 42 East, City of Miami Beach,
Florida.
9, parcel of land.
description to accompany lhe sketch,
EITER PEREZ & ASSOCI/\TES. INC
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS
LAND PLANNERS-ENVIRONMENTAL
520 N,W. 165TH SI, M., SUITE MIAMI, FlMIQA3316!l
MIAMI .. OAOE (30$)652-5133 $1\GWARO
56
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SU!iVEYOR AND MAPPER.
EXHIBIT "C"
SKETCH & LEGAL DESCRIPTION
BEACH ACCESS EASEMENT
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VACATED AIR RIGHTS
OF RIGHT-OF-WAY
LOWER UMH 30' VE-:J-~.TICAL ABOVE
ELEVe +7,0 U.SJ::D. BAY DATUM
29th STREET
NOTES:
EHER PEREZ & ASSOCIATES, IN
LAND DEVELOPMENT CONSULTANTS
CIVIL ENGINEERS-LAND SURVEYORS
LAND PLANNERS-ENVIRONMENTAL
520 N.VI(~ 165TH ST~ RD., SUITE 2tl~. MtAMt, FLORIDA 33869
MIAMI-DADE {$0!>)1\51!-$133 BROWARO (QS4\lil!4·:1:20l FAX: (J\li>) 652-04'11
$.7-$1
(ML£;~1! flHIVL P~B,
57
LEGEND:
POl NT OF TANGENCY
POINT OF BECHNNlNG
POINT OF COMMENCEMENT
PCC CURVATURE
LOT1
September 6, 2012
Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Re: Triton Towers-Letter of Support
Marriott-Redevelopment of the Seville Hotel-2901 Collins Avenue
Dear Madame Mayor and City Commissioners:
On behalf of the Triton Towers Condominium, located at 2899 Collins
Avenue, we are writing in support of the Marriott redevelopment of the Seville
Hotel at 2901 Collins Avenue.
Representatives from Marriott have met with us on several occasions to
discuss their plans for the property and how the construction and resulting project
may impact our building. As a result of these discussions, Marriott has agreed to
several conditions to mitigate impacts, which will make our lives easier during
construction. Furthermore, we believe that their design is far superior to the prior
approval on the site, which was something our board did not fully support.
Specifically, our Board took special interest in the redesign and
improvements related to the traffic circle and right of way between our building
and the Seville. After many meetings and discussions with Marriott
representatives, our board was satisfied with the proposed plan that is before you
for approval. ·
Finally, we are anxious for a reputable company, like Marriott, to improve
what is current a blighted eyesore in our neighborhood.
Triton Towers fully supports Marriott's request and ask the City to approve
the redevelopment project as soon as possible.
58
•
7
Attachment B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Financial Project ID: 249911-1-56-01
County: Miami-Dade 7
District Document No:
gency/Owner (UAO): City of Miami Beach
710-010-2;
UTILITIES
OGC-05112
THIS AGREEMENT, entered into this day of , year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and City of Miami
Beach, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified a:; Alton Road from 51
h Street to Michigan Avenue, State Road
No.: 907, hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1 )(b),
Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
"Plans Package") on or before N/A, year of N/A.
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project
and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
grubbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual
and the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and
the FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual has been
updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FOOT's guidelines on preparation of technical special provisions and shall not
Page 1 of9
61
Agenda Item
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
/10-010-2<
UTILITIES
OGC-05112
duplicate or change the general contracting provisions of the FOOT's Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FOOT for the Project.
f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such other right of way
users as designated by the FOOT, for review at the following stages: N/A. Prior to submission of the
proposed Plans Package for review at these stages, the UAO shall send the FOOT a work progress
schedule explaining how the UAO will meet the FOOT's production schedule. The work progress
schedule shall include the review stages, as well as other milestones necessary to complete the
Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the
UAO will correct the deficiencies and return corrected documents within the time stated in the notice.
The FOOT's review and approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as requested by the UAO;
however, the UAO shall at all times be and remain solely responsible for proper preparation of the
Plans Package and for verifying all information necessary to properly prepare the Plans Package,
including survey information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor transfer any of
that responsibility to the FOOT.
I. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: TBD. These exceptions shall be
handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FOOT's expense, but not previously identified as
such, the UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be
based on a determination of fault for the error. The discovery of facilities not previously identified as
being qualified for relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner
determined by the FOOT.
L Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: TBD
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's
requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility
Work exceeds the FOOT's official estimate for the Utility Work by more than ten percent ( 1 0%) and
the FOOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the
FOOT's contract by notifying the FOOT in writing within five (5) days from the date that the UAO is
notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of
Page 2 of9
62
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
the Project by the FOOT's contractor.
710-010-2<
UTILITIES
OGC-05112
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and
conditions of the FOOT's standard relocation agreement, the terms and conditions of which are
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FOOT or the FOOT's contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure
that it is properly performed in accordance with the Plans Package, except for the following activities:
N/A and will furnish the FOOT with daily diary records showing approved quantities and amounts for
weekly, monthly, and final estimates in accordance with the format required by FOOT procedures.
f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in
accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its
construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOT's engineer has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FOOT's engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans Package as the FOOT's engineer shall determine are
necessary for the prosecution of the Project.
L The UAO shall not make any changes to the Plans Package after the date on which the FOOT's
contract documents are mailed for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FOOT's contract
pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or
the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and the increase in the cost of
performing the Utility Work, unless the adjustments or changes are necessitated by an error or
omission of the FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is __ . At such time as the FOOT prepares its
official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuant to the terms and conditions
set forth in Subparagraph 2. d. hereof.
c. At least ninety (90) calendar days prior to the date on which the FOOT advertises the Project for bids,
the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus __ % for
mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility
Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances);
plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for
Page 3 of 9
63
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
changes to the Utility Work during the construction of the Project (the Contingency Fund).
d. Payment of the funds pursuant to this paragraph will be made (choose one):
D directly to the FOOT for deposit into the State Transportation Trust Fund.
710-010-2:
UTILITIES
OGC-05112
t8J as provided in the attached Memorandum of Agreement between UAO, FOOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FOOT Comptroller's Office prior to execution of this agreement.
e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds
the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding
FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work
from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or
prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FOOT to
bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes
apparent the accepted bid amount plus allowances and contingency is in excess of the advance
deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the
event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the
additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on
deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the
additional amount, regardless of when the accepted bid is posted.
t If the accepted bid amount plus allowances and contingency is less than the advance deposit
amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus
allowances and contingency if such refund is requested by the UAO in writing and approved by the
Comptroller of the FOOT or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will
be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully
fund its share of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent
the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting
as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence promptly and the FOOT determines that the work is necessary, the
FOOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of
Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO
shall, within fourteen (14) calendar days from notification from the FOOT, pay to the FOOT an
additional 10% of the total obligation of the UAO for the cost of the Utility Work established under
Subparagraph 3. e. for future use as the Contingency Fund.
L Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
Page 4 of9
64
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
'11 0-010-·2;
UTILITIES
OGC --05112
for a period of three (3) years after final close out of the Project. The UAO will be notified of the final
cost. Both parties agree that in the event the final accounting of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FOOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4. Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or omissions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely
manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the intended claim.
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and
resolving the claim within a reasonable time. Any resolution of any portion of the claim directly
between the UAO and the FOOT's contractor shall be in writing, shall be subject to written FOOT
concurrence and shall specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any
actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited
to actual claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a
breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT
in accordance with the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests of the FOOT or other permittees using or seeking use of the right of
way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT
determines that removal is necessary for FOOT use of the right of way or in the event that the FOOT
Page 5 of 9
65
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
710-010-2;
UTILITIES
OGC -05112
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the
event that the UAO fails to perform the removal properly within the specified time, the FOOT may
proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403
and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to
require the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of
the following options, provided that at no time shall the FOOT be entitled to receive double recovery of
damages:
( 1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FOOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the
FOOT or the public against payments due under this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FOOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FOOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
Page 6 of9
66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
(3) Pursue any other remedies legally available.
710-010-2<
UTILITIES
OGC -05112
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
be liable under this section for damages arising out of the injury or damage to persons or property directly
caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a
claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay
their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT -OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate
and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
Pc:6 7 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
/10-010-2:
UTILITIES
OGC -05112
UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication of judgment finding the
FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs
and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO
of a claim shall not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor
has that obligation as part of the Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FOOT has manuals and written
policies and procedures which may be applicable at the time of the Project and the relocation of the
Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Fred H. Beckmann, P.E., Director of Public Works
1700 Convention Center Drive, 4tn Floor
Miami Beach, FL 33139
If to the FOOT:
Antonio Soto, Utilities Administrator
1000 NW 111m Avenue, Room 61 02-B
Miami, FL 33172
10. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes
To Form Document and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference
purposes only and do not change the terms of the document. By signing this document, the UAO hereby
represents that no change has been made to the text of this document except through the terms of the
appendix entitled Changes to Form Document.
Page 8 of9
68
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
You MUST signify by selecting or checking which of the following applies:
710-010-2~
UTILITIES
OGC -05/12
C8J No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
0 No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Miami Beach
BY:{Signature)
(Typed Name: Matti Herrera-Bower)
T ed Title: Ma or
Recommend Approval by the District Utility Office
BY: (Signature)
FOOT Legal review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Harold A. Desdunes, P.E.)
T ed Title: District Director of Tr tion Develo
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: -------------------------------------------------
(Typed Name: __ )
(Typed Title: __ )
Page 9 of9
69
DATE:
DATE:
DATE:
DATE:
DATE:
APPROVED AS TO
FORM & LANGUAGE
& ECUTION
Attachment C
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this_, day of , 201_, by and
between the State of Florida, Department of Transportation, hereinafter referred to as "FOOT" and
the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as
"TREASURY" and City of Miami Beach, hereinafter referred to as the "PARTICIPANT".
WITNESSETH
WHEREAS, FOOT is currently constructing the following project:
Financial Project No.: 249911-1-56-01
County: Miami Dade
hereinafter referred to as the "PROJECT".
WHEREAS, FOOT and the PARTICIPANT entered into a Locally Funded Agreement dated
-=-----......... ----· 201_, wherein FOOT agreed to perform certain work on behalf of the
PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of FOOT and the PARTICIPANT to establish an interest bearing escrow account to provide
funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FOOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein, the
parties agree to the following:
1. An initial deposit in the amount of two million six hundred and eighty thousand six
hundred and seventy dollars and fifty two cents ($2,680,670.52) will be made by the PARTICIPANT
into an interest bearing escrow account established by FOOT for the purposes of the PROJECT.
Said escrow account will be opened with the TREASURY on behalf of FOOT upon receipt of this
Memorandum of Agreement. Such account will be an asset of FOOT.
2. Other deposits may be made by the PARTICIPANT as necessary to cover cost
increases or the cost of additional work prior to the execution of any Supplemental Agreements or
Amendments.
3. Payment will be made as follows (check appropriate payment method):
__ Wire transfer
__ ACH deposit
_:....:.X_Check
Following are the wire, ACH, and check deposit instructions:
For wire transfers: Bank of America
Account # 00100906897 4
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT-K 11-78, Financial Project#
70
For ACH deposits: Bank of America
Account# 001009068974
ABA # 0631 00277
Chief Financial Officer of Florida
Re: DOT - K 11-78, Financial Project#
If a check is the method of payment, the check shall be made payable to the Department of Financial
Services, Revenue Processing and delivered for appropriate processing at the following address:
Florida Department of Transportation
District 6 Utilities Office
1000 NW 111 Av, #6102B
Miami, FL 33172
A copy of this Agreement should accompany any deposits.
4. FOOT's Comptroller or designee shall be the sole signatories on the escrow account
with the TREASURY_and shall have sole authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the FOOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the PROJECT as defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds to FOOT.
7. The TREASURY further agrees to provide periodic reports to FOOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
APPROVED AS TO
FORM & LANGUAGE
FO CUTION
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL
SERVICES, DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
71
Attachment D
FLORIDA DEPARTMENT OF TRANSPORTATION
STORM WATER PUMP STATIONS
AND
POLLUTION CONTROL STRUCTURES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, made and entered into this __ day of
20 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "DEPARTMENT," and the CITY OF MIAMI
BEACH, a municipal corporation of and existing under the laws of
the State of Florida, hereinafter called the "CITY,"
collectively referred to as "the Parties."
RECITALS:
A, The DEPARTMENT has jurisdiction
portions of State Road (S.R.)
907 /Alton Road corridor as part
Highway Systemi and
over and maintains those
AlA/5~ Street and S.R.
of the State of Florida
B, The DEPARTMENT will install storm water pump stations and
pollution control structures at the intersections of S. R.
AlA/5th Street and West Avenue (M.P. 3.138 along SR AlA and
M.P. 3.176 along S.R. AlA), S.R. 907/Alton Road and lOth
Street (M.P. 0.437 along S.R. 907), and S.R. 907/Alton Road
and 14th Street (M.P. 0.755 along S.R. 907), in accordance
with DEPARTMENT Contract # T-6290 ("PROJECT LIMITS"), are
described in the attached Exhibit 'A', which by reference
hereto shall become a part hereofi and
C. The Parties mutually recognize the need for entering into
an agreement designating and setting forth the maintenance
responsibilities of each partyi and
D. The CITY, by Resolution No. dated
20 attached as Exhibit 'B', which is
incorporated to this agreement by reference, desires to
enter into this Agreement and authorizes its officers to do
so.
Maintenance Memorandum of Agreement between the Florida \pn~'~"'''·ntofTransportation and the City of Miami Beach
Page l of
72
NOW,
benefits
THEREFORE,
contained
for and in consideration
herein and other good
of the mutual
and valuable
consideration, the parties covenant and agree as follows:
1. RECITALS
The recitals in
are incorporated
hereof.
this AGREEMENT are true and
herein by reference and
2. DEPARTMENT RESPONSIBILITIES
correct,
made a
and
part
The parties agree that, by executing this AGREEMENT, upon
issuance of Notice of Final Acceptance of the Project by
the DEPARTMENT to its contractor, all maintenance
responsibilities pertaining to the storm water pump
stations and pollution control structures (collectively
"the Structures") within the PROJECT LIMITS are assigned to
the CITY in perpetuity. The DEPARTMENT, however, shall be
responsible for any major repairs or the replacement of
components of the Structures, as specified in Section 3 of
this AGREEMENT.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The functions described below are to be performed by the
CITY and the CITY'S work may be subject to periodic
inspections by the DEPARTMENT, at its sole discretion.
As set forth in Section 2 of this AGREEMENT, upon Final
Acceptance of the Project by the DEPARTMENT, the CITY
agrees to operate, and routinely and periodically maintain
the Structures located within the PROJECT LIMITS at its
sole cost and expense. The CITY'S maintenance
responsibilities for the Structures shall include, but not
be limited to, the following:
a. Periodically inspecting and maintaining the Structures
and their systems, in accordance with the
manufacturer's minimum care and maintenance
requirements, and in accordance with the Project Plans
and Specifications.
b. Adhering to the safety precautions prescribed by the
Maintenance Memorandum of Agreement between the Florida Dep,~utnnent of Transportation and the City of Mian1i Beach
Page 2 of
73
manufacturer and enumerated in the Project Plans and
Specifications.
c. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
d. Maintaining a service log of all maintenance
activities. Those maintenance activities that are not
documented in a service log shall be deemed to not
have been performed.
e. Paying all costs associated with minor repairs. Minor
repairs shall include any repairs that are a part of
or incident to the routine maintenance of the
Structures as set forth in this AGREEMENT. Minor
repairs shall include, but shall not be limited to,
the routine overhaul of the pump motors.
f. Notifying the DEPARTMENT of all needed major repairs.
The CITY must notify the DEPARTMENT as soon as the
need for a major repair is discovered. A major repair
is deemed discovered if the CITY or its agent knew or
should have known of the need for a major repair.
Major repairs shall only include a complete
replacement of the Structures, the pump motors, or the
impellers. The DEPARTMENT, however, shall not be
responsible for the following major repairs:
i. Any major repairs that are needed as a result of
the CITY's failure to perform its maintenance
responsibilities pursuant to this AGREEMENT; or
ii. Any major
negligent
maintenance
AGREEMENT.
repairs
act of
that are
the CITY
responsibilities
the result
in performing
pursuant to
of a
its
this
The major repairs listed under Section 3(f)i. and
3(f)ii. shall be the sole responsibility of the CITY.
4. MAINTENANCE DEFICIENCIES
If at any time, while this AGREEMENT is in effect, the CITY
Maintenance Memorandum of Agreement between the Florida Den,artn1ent
Page 3 of
74
1sportati<JI1 and the City of Miami Beach
fails to comply with its responsibilities as established
herein or the CITY's responsibilities are not being
accomplished in accordance with the terms of this
AGREEMENT, the DEPARTMENT may, at its option, issue a
written notice, in care of the CITY MANAGER, to notify the
CITY of the identified deficiencies. Thereafter, the CITY
shall have a period of thirty (30) calendar days, following
receipt of the notice, within which to correct the cited
deficiency or deficiencies. The notice shall be deemed
received in accordance with Section 5 of this AGREEMENT. If
said deficiencies are not corrected within the thirty (30)
day time period, or, if the deficiencies are of a nature
that cannot be corrected within that time period and the
CITY does not commence to correct the deficiencies within
the stipulated time period, the DEPARTMENT may, at its
option, proceed as follows:
a. Maintain the Structures, or a part thereof, and invoice
the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7 of
this AGREEMENT, remove the Structures located within the
PROJECT LIMITS, and charge the CITY the reasonable cost
of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communications which are required to be served or
given hereunder, shall be in writing and shall be sent by
certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 NW 111th Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Maintemmcc Memonmdum of Agreement between the Florida Uepa1tn1ent of Transportation and the City of Miami Beach
Page 4 of
75
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
unless proof of prior actual receipt is provided.
6. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE STORM WATER PUMP
STATIONS OR POLLUTION CONTROL STRUCTURES
The Parties agree that the Structures covered by this
AGREEMENT may be removed, relocated or adjusted at any time
in the future, at the DEPARTMENT's sole discretion.
7 . TERMINATION
This AGREEMENT may be terminated as follows:
a, By the DEPARTMENT, if the CITY fails to
duties under Section 3, following thirty
written notice as set forth in Section
AGREEMENT.
perform its
(30) days
4 of this
b. In accordance with Section 287.058(1)(c), Florida
Statutes (F.S.)1 the DEPARTMENT shall reserve the right
to unilaterally cancel this AGREEMENT if the CITY
refuses to allow public access to any or all documents,
papers, letters, or other materials made or received by
the CITY pertinent to this AGREEMENT which are subject
to provisions of Chapter 119, F.S.
8 . AMENDMENT
A modification or waiver of any of the provisions of this
AGREEMENT shall be effective only if made in writing and
executed with the same formality as this AGREEMENT.
9. CONSTRUCTION
a. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
b. No term or
interpreted
provision of
for or against
Maintenance Memorandum of Agreement between the Florida
Page 5 of I
76
this
the
AGREEMENT shall
Parties because
of Transportation and the City of Miami Beach
be
the
Parties or their legal representative (s) drafted the
provision.
c. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768.28,
F.S. Nothing in this AGREEMENT shall be deemed or
otherwise interpreted as waiving the DEPARTMENT'S
sovereign immunity protections, or as increasing the
limits of liability as set forth in Section 768.28,
F.S., as may be amended from time to time.
10. ADDITIONAL TERMS
a. The CITY shall insert the following clause
contracts entered into between the CITY
vendors or contractors for the performance
duties set forth in this AGREEMENT:
Vendors/Contractors:
into
and
of
any
any
the
i. Shall utilize the u.s. Department of Homeland
Security's E-Verify system to verify the
employment of all new employees hired by the
Vendor/Contractor during the term of this
Agreement; and
ii. Shall expressly require any subcontractors
performing work or providing services pursuant to
the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new
employees hired by the subcontractor during the
contract term.
b. The term of this AGREEMENT shall commence upon
execution by all Parties. This AGREEMENT shall
continue in perpetuity or until termination as set
forth in Section 7.
c. This writing embodies the entire agreement and
understanding between the parties hereto and there are
no other agreements or understandings, oral or
written, with reference to the subject matter of this
AGREEMENT that are not merged herein.
Maintenance Memonmdum of Agreement between the Florida Department ofTnmsportation and the City of Miami Beach
Page 6 of II
77
d. This AGREEMENT shall not be transferred or assigned,
in whole or in part, without the written consent of
the DEPARTMENT.
e. This AGREEMENT, regardless of where executed, shall be
governed by and construed in accordance with the laws
of the State of Florida. In the event of a conflict
between any portion of the contract and Florida law,
the laws of Florida shall prevail. Any portion of the
AGREEMENT later found to be unlawful or unenforceable
shall be severed and not affect the validity of the
rest of this AGREEMENT.
f. Venue for any and all actions arising out of or in
connection to the interpretation, validity,
performance or breach of this AGREEMENT shall lie
exclusively in a state court of proper jurisdiction in
Leon County, Florida.
11. INDEMNIFICATION
Subject to Section 768.28, F.S., the CITY shall promptly
indemnify, defend, save and hold harmless the DEPARTMENT,
its officers, agents, representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including
regulatory and appellate fees), and suits of any nature or
kind whatsoever caused by, arising out of, or related to
the CITY'S exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission
by the CITY, its officers, agents, employees or
representatives in any way pertaining to this AGREEMENT,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damage directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY'S obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT'S option,
Maintenance Memorandum of Agreement between the Florida
Page 7 of
78
of Transportation !md the City of Miami Beach
to participate and associate with the DEPARTMENT in the
defense and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the
CITY'S receipt of the DEPARTMENT'S notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the Department sends the
notice in accordance with the formal notice mailing
requirements set forth in Section 5 of this AGREEMENT, or
upon actual receipt of the notice by the City. The
DEPARTMENT'S failure to notify the City of a claim shall
not release the CITY of the above duty to defend and
indemnify the DEPARTMENT.
The CITY shall pay all costs and fees related to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY'S evaluation of liability or its inability to
evaluate liability shall not excuse the CITY'S duty to
defend and indemnify the DEPARTMENT under the provisions
of this section. Only an adjudication or judgment, after
the highest appeal is exhausted, specifically finding the
Department was solely negligent shall excuse performance
of this provision by the CITY.
Maintenance Memorandum of Agreement between the Florida l,,m,,rtm'"'' of Transportation and the City of Miami Beach
Page 8 of
79
IN WITNESS WHEREOF, the part s hereto have executed this
Agreement ive the day and year first above written.
CITY OF MIAMI BEACH:
Attest: ___________________ (SEAL)
City Clerk
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION:
Director, Transportation
Operations
Execut
LEGAL REVIEW:
By:
--~--~------~-------------District Chief Counsel
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach
Page 9 of 11
80
EXHIBIT 'A'
PROJECT LIMITS
Below are the general limits of the storm water pump stations
and pollution control structures to be maintained under this
AGREEMENT.
State Road Number: AlA/5th Street & 907/Alton Road
Agreement Limits: At the intersections of West Avenue and S.R.
AlA/5th Street (M.P. 3.138 along S.R. AlA and
M.P. 3.176 along S.R. AlA) 1 S.R. 907/ Alton
Road and lOth Street (M.P. 0.437 along S.R.
907) 1 and S.R. 907/ Alton Road and 14th
Street (M.P. 0.755 along S.R. 907)
County: Miami-Dade
1 pump station and pollution control structure
intersection of West Avenue and S.R. AlA/5th Street
244+20.31 and Station 246+20.00 with respect
baseline of survey along S.R. AlA/5th Street)
1 pump station and pollution control structure
intersection of S.R. 907/ Alton Road and lOth
(Station 32+92. 88 with respect to the baseline of
along S.R. 907/Alton Road)
1 pump station and pollution control structure
intersection of S.R. 907/ Alton Road and 14th
(Station 49+66. 39 with respect to the baseline of
along S.R. 907/Alton Road)
at the
(Station
to the
at the
Street
survey
at the
Street
survey
Maintenance Memorandum of Agreement between the Florida n~'''"rhcn<entofTnmsportation and the City of Miami Beach
Page 10 of
81
Attached
f
'B'
and incorporated herein
CITY Board of Commiss
by reference
Maintenance Memorandum of Agreement between the Florida 1"'"""rtn'""t of Transportation and the City of Miami Beach
Page ll of
82
once
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK, SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY'S OFFICE AND
THE PUBLIC WORKS DEPARTMENT, TO EXECUTE A GRANT OF EASEMENT WITH
SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNER
OF THE SHELBORNE HOTEL, LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT
STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER SYSTEM
IN THE PUBLIC RIGHT-OF-WAY, ON THE NORTH SIDE OF 18TH STREET, EAST OF
COLLINS AVENUE, WITH A TOTAL AREA OF 527 SQUARE FEET.
WHEREAS, Shelborne Ocean Beach Hotel Condominium Association, Inc. ("Applicant") is the
owner of the Shelborne Hotel, located at 1801 Collins Avenue ("Property"); and
WHEREAS, the Property occasionally experiences back-ups of sewage; and
WHEREAS, Applicant has met with the City's Public Works Department and it has been
determined that a private sewage lift station is required to address the problem, as a standard backflow
preventer will not work under the hydraulic conditions; and
WHEREAS, Applicant and City staff have worked together to address the situation and have
determined that the only viable location for the lift station is on public property, as no alternate location on
the Property appears to be feasible; and
WHEREAS, the best and most unobtrusive location is below grade in the existing sidewalk mid-
block, on the north side of 18th Street, at the point where the existing sewer line lateral exits the Property;
and
WHEREAS, due to the permanent nature of the lift station, the City must grant Applicant an
easement for the area encroached upon by the lift station and the associated piping, which is
approximately 527 square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize
the Mayor and City Clerk, subject to final review by the City Attorney's Office and the Public Works
Department, to execute a Grant of Easement with Shelborne Ocean Beach Hotel Condominium
Association, Inc., owner of the Shelborne Hotel, located at 1801 Collins Avenue, for a lift station and
associated connection to City's sanitary sewer system in the public right-of-way, on the north side of 18th
street, east of Collins Avenue, with a total area of 527 square feet.
PASSED and ADOPTED this 1ih day of September, 2012.
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Matti Herrera Bower, Mayor
Date
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1801 Collins Easement-RESO.
83
APPROVED AS TO
FORM & LANGUAGE
& FOI-l EXECUTION
Agenda Item C 1 ().
Date 'f-U::1L
Instrument Was
After Recording, '""'"'''u""
Gary M. Held, Esquire
1700 Convention Dr., 4th
Miami FL 331
CITY'S REVISED DRAFT
0-12
GIMNT OF EASEMENT FOR LIFT STATION
Station (the or the "Agreement") is and
2012, by the OF MIAMI BEACH, a
duly under the laws ofthe State ofFlorida, having an
at 1700 Convention Center Drive, Miami Beach, 139 ("Grantot 11
) favor
SHELBORNE OCEAN CONDOMINIUM INC., a Florida
not~for~profit corporation, having an at 1801 Collins Miami Beach, Florida 33
(collectively 11 Grantee 11
).
RECITALS
is
which it is located, which
owner of the Shelbome Beach liotel the property on
r.vr,r~A-rHr lS legally ~'"'"''"''"'"'"'"" On }~xhjlJit "A" attached heretO and
a part (the
B. right-of~ way of 1 Street east of Collins "'"'""''"''"''"'"" such portion of
right of way as legally described in Exhibit "B" attached hereto a part hereof
·~"'''"'"''"''"·Area"), was dedicated plat to Grantor as a public right of way.
A sanitary sewer station, pipes, lines all related equipment utility
equipment that may from time to (the 11 Litl Station 11
) will be installed in
gru;ern,ent Area beneath the surface sidewalk and the which Lift Station will service
the Hotel Property. However, certain the pipes or lines, related equipment and utility
connections and equipment used for the transfer of effluent from the Hotel Property to Lift
Station C1Cormection Linesl!) are or may be on Property, including control
panel and vent pipe.
D. agreed to grant an easement to
"'"'""'"'"u, maintenance, and repair under and
required by Grantee in connection its use and
Station.
E. Grantee shall bear
replacements, taxes,
operation and use of the Lift Station
84
Grantee the sole pm1Jose of
the Easement Area, as
the Connection Lines, and the Lift
maintenance, utilities,
"'"'f'""''"'' involved in its
NOW, THEREFORE, in consideration ofthe sum ofTen Dollars ($10.00) and other good
and valuabl~ consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Rt;;ci_tql§.. The above recitals are true and correct and by this reference are
incorporated as if fully set forth herein.
2. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its
successors and assigns and agents and employees, a non-exclusive easement over, across, through
and 1.mder the Easement Area solely for the use, installation, operation, maintenance, replacement and
repair of the Lift Station and Connection Lines connected to the Lift Station and located on the
Easement Area. Hereatter, unless specified to the contrary~ use of the term "Lift Station" shall include
the Connection Lines. The surface of the Easement Area will at times remain unobstructed for its
continued usc by Grantor and the public as a dedicated public right way (which use shall include,
without limitation, for pedestrian and vehicular activity). Grantee shall exercise its easement rlghts
hereunder without interfering with Grantor and the public's use the surface of the Easement
Area as a dedicated public right of way.
3. Maintenance. Grantee agrees to install, maintain, repair and replace necessary)
the Lift Station, or necessm-y portions thereof, so that same is at all times in good working order
and condition and free of material defects, subject only to occasional interruption of service due to (i)
ordinary wear and tear use thereof; (ii) routine or extraordinary maintenance, repair or
replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right to
select the contractor(s) of its choice in cmmection with all aspects of installation, maintenance, repair,
and replacement of the Lift Station; provided, however, that all agreements with such contractor(s)
shall be bona-fide, arms~length agreements for services at usual and customary rates and shall be
subject to the prior approval of Grantor, which approval shall not be unreasonably withheld. After
completion of any work by Grantee, Grantee, at its sole cost and expense, shall immediately restore
the surface of the Easement Area to the condition in which it existed immediately prior to the
performance of such work (the cost which shall be included Operating Costs).
Grantee shall use best efforts to: (a) avoid causing any damage to, or unreasonable
interference with, the of the Easement Area; and (b) minimize any disruption or
inconvenience .to Grantor and/or the public in their use of the surface of the Easement Area as a
dedicated public of way.
The Grantor shall at all times, and as it deems necessary in its sole and reasonable
discretion, have full and unrestricted access to the Easement Area in order to maintain, repair and
replace necessary portions of the surface of the Easement Area. In the event that the Station is
damaged by the Grantor during any such maintenance, repair or replacement, the Grantor shall
work with the Grantee to make all necessary repairs to the Lift Station at Grantor's sole expense.
4. Noise and Odor Controls. Grantee shall use best efforts and, at a minimum, shall
exceed industry standards, with respect to controlling noise and odors emanating from the Lift
Station.
5. Payment Covenm1ts. .G·:I'ftl'l:te& shall solely responsible for the Operating Costs of
the Lift Station. Grantor shall be responsible for any costs associated vvith damage to the Lift Station
resulting from Grantor's maintenance, repair or replacement related to the surface portion the
Easement Area.
2
85
6. The term of this Easement shall be perpetual unless terminated by the parties
in a writing executed by both. This Easement shall not merge with any deed to the Hotel Property
or any part thereof but shall survive for the Term (Term) described herein.
7. Successors and Assigns. This Easement shall bind, and the benefit thereof shall inure
to, the respective successors and assigns of Grantee.
8. Limitation. It is the intention of the parties hereto that this Easement shall be limited
to and utilized solely for the purposes expressed herein. The surface of the Easement Area (i.e.
including, without limitation, the sidewalk and roadway) shall at all times continue to be used by
Grantor and the public for right of way purposes (which purposes shall include, without limitation,
pedestrian and vehicular. activity), except as necessary during times of installation, maintenance,
repair or replacement of the Lift Station by Grantee.
9. Indemnification.
A. Grantee shall indenmify and hold harmless Grantor, its officers and employees,
from any costs, liabilities, claims, losses, and damages (including, without limitation, reasonable
attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is
instituted or not, relating to death of or injury to persons, or loss of or damage to property, resulting
from, arising out of, or incurred in connection with the existence and use of the Easement and the
Easement Area by Grantee, and/or its officials, employees, contractors, and agents; and including,
but not limited to, any violation by the Grantee, and/or its officials, employees, contractors, and
agents, of any laws, rules, regulations or ordinances regarding hazardous materials, hazardous
wastes, hazardous substances, solid waste, or pollution, whether now existing or hereafter enacted
or promulgated, as they may be amended from time to time ("Environmental Laws 11
); any
presence, release, or threat of release of hazardous materials, hazardous wastes, hazardous
substances, solid waste or pollution at, upon, under, from or within the Easement Area by Grantee,
and/or its officials, employees, contractors, and agents; the failure of Grantee, and/or its officials,
employees, contractors, and agents, to duly perform any obligations or actions required to be taken
under any Environmental Laws (including, without limitation, the imposition by any
governmental authority of any lien or so-called 11 SUper priority lien 11 upon the Easement Area); any
clean-up costs; liability for personal injury or property damage or damage to the environn1ent; and
any fines, penalties, and punitive damages, or any fines or assessments incurred by or claimed
against Grantor and arising out of the failure of Grantee, and/or its officials, employees,
contractors, and agents, to comply with Environmental Laws in connection with the use of the
easement and the Easement Area by Grantee, and/or its officials, employees, contractors, and
agents.
B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to
this Section 9, defend any and all claims asserted against Grantor resulting from, arising out of, or
inculTed in connection with the existence and/or use the Easement and the Easement Area by
Grantee, and/or its officials, employees, contractors, and agents. Grantee shall be entitled to select
counsel of Grantee's choice to defend the claim; provided, however, that such counsel shall first
be approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned,
withheld, or delayed; and, provided further, that the Grantor shall be permitted, at its cost and
expense, to retain independent counsel to monitor the claim proceeding. duty to defend set
forth in this subsection shall be severable and independent from the indemnity obligations
3
86
otherwise set forth in this Section 9, to the extent that if any other provisions and/or subsections of
this Section 9 are deemed invalid and/or unenforceable, this duty to defend provision shall remain
in full force and effect.
C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses,
claims or damages, with respect to third party claims resulting from the gross negligence,
recklessness or willful misconduct of Grantor or its officials, employees, contractors, and agents.
D. The indemnity and defense obligations set forth in this Section 9 including, without
limitation, the provisions of its subsections, shall survive the expiration of the Term or any
termination of this Easement regarding any and all liabilities, claims, losses, and damages
(including, without limitation, reasonable attorneys' fees and disbursements at the trial level and
all levels of appeal), whether suit is instituted or not, relating to death of or injmy to persons, or
loss of or damage to property, resulting from, arising out of, or incuned in connection with the
existence and use of the Easement and the Easement Area by Grantee and/or its officials,
employees, contractors, and/or agents.
10,
A Default by Grantee. In the event of a default by Grantee in the maintenance,
operation or repair of the Lift Station, Grantor shall give written notice to Grantee, specifying the
nature of such default. Grantee shall have a period often (1 0) days following receipt of said notice
in which to remedy the default (or such longer time as may be necessary and reasonable, provided
Grantee shall have commenced a cme within said 1 0-day period and is diligently and continuously
prosecuting same); failing which Grantor shall have the right to access the Lift Station, for the limited
purpose of effecting the required repair or maintenance. Notwithstanding the foregoing, if the default
is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition,
the period for cure of such default shall be accelerated to be a period oftime determined by Grantor in
its sole discretion, but which is reasonable in light of the nature of the emergency. All costs incident
to curing a default by Grantee under this subsection A shall be the sole responsibility and obligation
of and, accordingly, shall be bome by, the Grantee.
B. Default by Grantor. In the event of a default by Grantor in the repair of the Lift
Station resulting from damage caused by Grantor to Lift Station pursuant to Grantors activities
under Section 3 hereof, Grantee shall give written notice to Grantor, specifying the nature of such
default. Grantor shall have a period of ten (1 0) days following receipt of said notice in which to
remedy the default (or such longer time as may be necessary and reasonable, provided Grantor shall
have commenced a cure within said 1 0-day period and is diligently and continuously prosecuting
same); failing which Grantee shall have the right to effect the required repair of the Lift Station. All
costs incident to repair ofthe Lift Station shall be borne by the Grantor.
11. Enforcement. In the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Easement, the prevailing party in such litigation shall recover from
the other party all costs and expenses incurred or expended in connection therewith, including, without
limitation, reasonable attorneys' fees and costs, at all levels.
4
87
12. Venue; Jurisdiction. This Easement shall be governed and construed in all respects
in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the
Courts of the State of Florida in Miami-Dade County.
13. Interpretation. No provision ofthis Easement will be interpreted in favor of, or against,
any of the parties hereto by reason of the extent to which any such party or its counsel participated in
the drafting thereof or by reason of the extent to which any such provision is inconsistent with any
prior draft hereof or thereof.
14. Cmmterparts. This Easement may be executed in any number of counterparts, each of
which shall be deemed an original and all of which, taken together, shall constitute a single
document.
15. Notices. All notices, demands, requests or other communications required or
permitted to be given hereunder shall be deemed delivered and received upon actual receipt or
refusal to receive same, and shall be made by United States certified or registered mail, return
receipt requested or by hand delivery, and shall be addressed to the respective parties at the
addresses set forth in the preamble to this Easement.
16. This Easement constitutes the entire agreement between the parties
hereto relating in any manner to the subject matter of this Easement. No prior agreement or
understanding pertaining to same shall be valid or of any force or effect, and the covenants and
agreements herein contained cannot altered, changed or supplemented except in writing and
signed by the parties hereto.
17. Severability. If any clause or provision ofthis Easement is deemed illegal, invalid or
unenforceable under present or future laws effective during the term hereof, then the validity of the
remainder of this Easement shall not be affected thereby and shall be legal, valid and enforceable.
REMAlNDER OF PAGE INTENTIONALLY LEFT BLANK
5
88
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
Print
STATEOFFLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTOR:
CITY OF MIAMI BEACH, a Florida
municipal corporation
The foregoing instrument was acknowledged before me this ___ day
2012, by _, as -:--:--::-::---::-----:---~---of the City of
Miami Beach, a Florida municipal corporation on of such municipal corporation, who is
personally known to me or has produced a driver's license as identification.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
6
89
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered
in the presence
Print
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTEE:
SHELBORNE OCEAN BEACH HOTEL
CONDOMINIUM ASSOCIATION, INC.,
A Florida Not-for-Profit Corporation
The foregoing instrument was acknowledged before me this day
2012, by , as of Shelborne
Ocean Beach Hotel Condominium Association, Inc., a Not-for-Profit corporation on behalf
of such corporation, who is personally known to me or has produced a --~----
driver's license as identification.
7
90
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
8
91
/
Easement Area
9
92
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
14-61 "PERMIT FEES"; SECTION 14-62 "BUILDING
PERMITS"; AND THAT PORTION OF APPENDIX A OF THE
CITY CODE BY MODIFYING INSPECTION FEES FOR
BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL
WORK, AND FOR OTHER BUILDING DEPARTMENT
ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3670, modifying permit and inspection fees for Building, Plumbing, Electrical, and Mechanical
Work, and for other Building Department activities; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 14 "Building Regulations", Article II "Construction
Standards", Division 2 "Permit Fees", Section 14-61 "Permit fees,
generally" is hereby amended as follows:
* * *
(d) Lost plans fee. When permitted set of plans are lost by the applicants, owners,
contractors, or any of their representatives, a recertification fee will be required to
reproduce, stamp and approve a new set of plans as a field copy. Such fee shall be
based on a cost per page as specified in appendix A, plus a.o. $50.00 administrative
processing fee as outlined in appendix A.
(e) Revised plans processing fee. The charge for plans processing of revisions to a
permitted set of plans shall be based on the plan reviewer's actual review time
multiplied by the hourly rate as specified in appendix A, plus a.o. $50.00
administrative processing fee as outlined in appendix A.
* * *
Section 2. That Chapter 14 "Building Regulations", Article II "Construction
Standards", Division 2 "Permit Fees", Section 14-62 "Building permits" is
hereby amended as follows:
* * *
93
I
(b) Refunds, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit
re(Juired by Section 105.1 of the Florida Building Code, may be refunded by the
building official subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the building official under authority granted by the
Florida Building Code; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department, unless the
refund is due to an overcharge by the city.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund less the $50.00 minimum up-front permit fee and any outside
agency fees shall be granted to a permit applicant who requests a refund
in writing, provided that no plan review has commenced.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That no work as evidenced by any recorded inspection has
commenced under such permit.
* * *
94
Section 3. That Appendix A is hereby amended as follows:
* * *
Section this Description Amount QisGounteEI
code (e#eGtive Amount
0Gtober 1, (e#eGtive
~ ~ebruary 1,
~Q1 Q tRFOU§R
September 3Q,
~Amount
(Effective
October 15,
'@!vision 2. Permit Fees.
2012.1
14-61(b) Double fees for starting work prior to issuance of
~ermit, plus the following penalty:
irst offense -1-it:: nn
Second offense • '1'ln nn
Subsequent offenses • ~::.7~:: nn
14-61 (c)( 1 ) inspection Fee:
In compliance with Fla. Stat. 553.80(2)(c), any
subsequent reinspection after the first reinspection
shall be charged four times the cost of first
inspection or first reinspection, whichever is
greater. The cost of inspections is calculated
based on the actual time spent by the inspector
multiplied by the inspection fee hourly rate, as
specified in subsection 14-61(h). The actual time of
inspection is rounded up to the next quarter hour
segment.
First reinspection I Q.;OO 0.00
Second and subsequent re-inspection(s) Based on four times the cost of
first inspection or first re-
inspection, whichever is greater.
Reinspection of existing building to determine Based on four times the cost of
compliance with the applicable Building Code first inspection or first re-
inspection, whichever is greater.
14-61 (d) Lost plans fee:
Administrative processing fee 00,00 I;.Q_QQ
51.85
I Plus the cost per page reproduced:
• Letter (8% x 11 ), Legal (8% x 14), & Ledger -1-,.00 -1-.-00 I
( 11 X 17) 1.04
• Arch D (24 x 36) & Arch E (36 x 48) ~ ~
95
2.29
• Other copies, up to Legal Size In n1&:: ~ ~.~ ~
0.016
1 (e) d plans processing fee:
istrative processing fee W,-00 W,-00
51.85
Plus revised plans review fee: Based on actual time spent on
review multiplied by review fee
hourly rate, as specified in 14-
61 (g).
14-61 (f) Lost permit card fee: I 1nn nn 7&:: "" ~.~~
77.78
14-61 (g) Plans review and inspection fee hourly rate
The plan review and inspection fee hourly rate is
calculated at the beginning of each fiscal year
based on the department's approved budget,
overhead and indirect costs and the resources
assigned to the inspection program.
14-61 (h) icated Inspectors
The requester will pay for the dedicated inspector
in addition to the regular permit fee. The fee for the
dedicated inspector is based on actual time spent
on inspection multiplied by the dedicated
inspector's cost to the City or the inspection fee
hourly rate, as specified in subsection 14-61 (g),
whichever is greater.
I 14-61 (i) ~e-review fee
nd second re-review 0.00
Third and subsequent re-reviews: Based on four
times the amount of the upfront fee as specified in
14-62(a) in compliance with F.S.S
553.80(2)(b),any subsequent re-reviews after the
third review shall be charged a fee four times the
amount of the proportion of the permit fee
attributed to the plans review. The fee for plans
review is calculated based on the actual time spent
by the plans reviewer multiplied by the plans
review hourly rate, as specified in subsection 14-
61(g).
14-61 (j) Expedited Plan Review and Inspection Fee
Upon request from the applicant, the Department
may schedule an expedited plans review or
inspection on an overtime basis by Department
staff. When such service is provided, the Applicant
96
~II reimburse the City for the cost of this se
14-62 (a) Up-front processing fee: percent of estimated
permit fee or the minimum processing fee,
whichever is greater
! Por""'' t of estimated permit fee rounded up to th ~~ 20 percent
st $5.00 increment
Minimum up-front fee I ~n nn
~~-~
14-62(b )( 4 )b.2. Transfer of data from original to second building Based on one hour of work at the
permit holder where no work has commenced hourly rate as specified in
subsection 14-61 (g).
14-62(b )( 4 )b.2a I Transfer of data from original to second building • 1 ~n nn 1§0.00 ~ -~
JJt::rllliL 110lder where work has commenced
14-62(b)(6) Request for Building permit extension 1 nn nn 100.00
114-62(c) Building Permit Fees:
Minimum Permit Fee ~QQ.QQ
OCCUPANCY TYPE INCREMENTAL COST
PER INCREMENTAL
100 SQUARE FEET
onstruction or Reconfiguration of Space
Cost Per 100 Square Feet based on Occupancy
Type as defined by the Florida Building Code.
Samples of Occupancy Types are provided for
illustrative purposes only and are not inclusive of
all uses within each Occupancy Type.
The fee is calculated based on the total square
footage multiplied by the rate per square foot, in
100 square feet intervals as specified below
INCREMENTAL
OCCUPANCY TYPE COST PER INCREMENTAL 100
SQUARE FEET
"""""' .~ •n:'"'""' •• ,...,.!
tr:::.u,...,...· A~,,..,,...
;;,.+;:~:r ~ 't:ff,
,~~.~~~ I~:( ~~•• ~ ~ ·,..,.hr1 ''""" 1 '~~ J I
1->nnn •hr .... ,,...h
97
A-1, Assembly-Fixed Seating (Theater, Concert
Hall --------------------------------+-----~~~~-000 square feet
• From 3,000 square feet to 15,000 square feet
• From 15,001 square feet to 50,000 square fee
A-2, Assembly-Food and Drink (Restaurant,
Ni ht Club, Bar
• Up to 350 square feet
• From 350 square feet to 1, 750 square feet
• From 1, 751 square feet to 3,500 square feet
• From 3,501 square feet to 17,500 square feet
• From 17,501 square feet to 50,000 square feet
• From 1 ,000 square feet to 5,000 square feet
• From 5,001 square feet to 50,000 square feet
B, Business
•Up to 500 square feet
•From 500 square feet to 2,500 square feet
•From 2,501 square feet to 25,000 square fe
•From 25,001 square feet to 50,000 squar
D/E, Da care and Educational
•Up to 3,000 square feet
•From 3,000 square feet to 15,000 square feet
98
1-1, Institutional, ambulate
•Up to 1,500 square feet
•From 1,500 square feet to 7,500 square feet
•From 7,501 square feet to 50,000 square f
titutional, non-ambulate
•Up to 4,500 square feet
•From 22,501 square feet to 50,000 squar
•From 1 ,000 square feet to 5,000 square feet
•From 400 square feet to 2,000 square feet
•From 20,001 square feet to 50,000 square feet
•From 1 ,500 square feet to 7,500 square feet
•From 7,501 square feet to 50,000 square feet
579.91
•From 2,000 square feet to 10,000 squar
•From 10 001 s uare feet to 50,000
99
R-2, Residential -Permanent (Apartment,
Dormito , Timeshare
• Up to 600 square feet
•From 600 square feet to 3,000 square feet
•From 3,001 square feet to 30,000 square feet
•From 30,001 square feet to 50,000 square feet
R-3, Residential -Permanent (Dwellings, Custo
Homes
•Up to 1 ,500 square feet
•From 1 ,500 square feet to 2,500 square feet
•From 2,501 square feet to 10,000 square feet
•From 10,001 square feet to 50,000 square feet
R-4, Residential-Assisted Living (6-16 persons)
•Up to 1,500 square feet
•From 1,500 square feet to 7,500 square fe
•Up to 500 square feet
•From 500 square feet to 2,500 square feet,
•From 5,001 square feet to 25,000 square fee ,
•From 25,001 square feet to 50,000 square feet
S-2, Storage-Low Hazard (excluding Parking
Gara e
•Up to 1 ,000 square feet
•From 1,000 square feet to 5,000 sq
•From 5,001 s uare feet to 50,000 s uare feet
100
piUSJ 60.97
S-2, Storage -Parking Garage
•Up to 15,000 square feet ~---
1
•From 15,000 square feet to 50,000 square feet
1 abovep~~~
II Building < 75 feet
•Up to 7,500 square feet
•From 7,500 square feet to 50,000 square feet .~ a~--p-1~~ -~~ ~
Shell Building > 75 feet ~ •Up to 15,000 square feet ·--
~ •From 15,000 square feet to 50,000 squa ... __ ::~bove fet
plus
For any square footage over 50,000 square feet, above fee
per Occupancy Type plus:
INCREMENTAL
OCCUPANCY TYPE COST PER INCREMENT AIL 100
SQUARE FEET
Affi91:1Rt Amei:!Rt (e#eeti¥e
(e#eeti¥e ~e9FI:IaPl ~ , 2QQ9
GeteeeF thm1:1gh SepteffieeF 3Q,
~. 2Q~2) ~Amount
(Effective October 15,
2012)
I, Institutional (Clinic or Hospital) ~
66.62
M, Mercantile (Retail or Wholesale only) : 1()7 10
~ .
,, ""''"'' dential I 4&.-Q-1. 4&.-Q-1.
47.72
.2.Cl....O..E S, Storage excluding Parking Garage -~-~-3o:131
1 'l on 1 S-2, Storage Parking Garage or Shell Buua1ngs ...... ........,
~
101
· All other Occupancy Types,
including but not limited to:
A, Assembly;
B, Business;
D, Daycare;
E Educational; and,
M, Mercantile (Department Store, Drug Store,
Gas Station)
Minimum Fee for minor alterations not requiring
structural review
mmunication E ui mont Enclosure
with-out transfer switch and receptacle
transfer switch and receptacle
ators/So/ar S stems
rater-Single Family
Generator-Commercial
• Under 10,000 s uare feet or
102
4-1-,..7.4-
1~§.QQ
Amount
(Effective
October 1,
~
1,113.00
1,028.00
205.00
331.00
393.00
1,159.00
4-1-,..7.4-
43.26
125.00
~
Discounted
Amount (Effective
February 1, 2010
through
September 30,
~Amount
(Effective October
15 2012
~.0§7.00
1096.11
654.00
678.20
177.00
183.55
331.00
343.25
393.00
407.54
non-life safety related generator 1!! • 10,000 to 50,000 square feet ') 2,983.00 -·-1492.00
• Above 50,000 square .feet ':! r:;.7') f'\f'\ I 3,H;;o.oo -·--·::--
Solar (Photovoltaic)/Aiternate Power
• Systems-Single Family ~.H~~.QQ
• Systems-Commercial/Multi-Family 2,48~ .GG
I Transfer Switch for Future Generator (per unit) 8e~ .GG
Solar Water Heater System i 1 1 Q(\ (\(\ 96.00 '
Swimming Pools
imming Pool, Spa or Fountain
~o.,inontial, including equipment, each
• Under 1 ,000 gallons I ~.4~~.GQ
• 1 ,001-25,000 total gallons ~ ,89G.GG
• Over 25,000 total gallons ':11 7 __['j[J. -
Swimming Pool Renovation Residential
(non-structural) including equipment ~ ,2e3.GG
New Fountains -Commercial, including equipment I 1 '), 1
' ·-1 375.06
1 vw111111 ing Pool, Spa or Fountain Commercial,
I including equipment, each
• Under 1 ,000 gallons ~ ,e79.GG ~ ,e38.GG
1 698.61
• 1 ,001-25,000 total gallons 2,eaa.GG 2,e44.GG
2741.83
• Over 25,000 total gallons ':! ')')Q f'\f'\ I 3,~83.GG -·-----3 300.77
Swimming Pool Renovation Commercial (non-I -t aa'> "" I
' structural) including equipment
Pool Equipment-Relocations r::.aA '"' 1
Pool Equipment Replacement 1
~ng Pool Resurfacing:
103
ntial
(when installation not
• Residential Pool or Spa,
• Residential Combination Pool and Spa
ercial or Multi-family Pool or Spa
• Commercial or Multi-family Combination Pool and
S a
Partial and Total Demolition
Total Demolition
• under 3 stories
• over 3 stories
Partial Demolition
• 1,001-5,000 square feet
• per 1,000 over 5,000 square feet
Demolition of signs, fences and/or other the§.n
above
rine Permits
ks -Residential (includes pilings associated
with dock construction and 2 moorin s
• Under 100 square feet
• 1 01-500 square feet
• Per 100 square feet or part thereof over 500
uare feet
Docks -Commercial (includes pilings as
with dock construction and 2 moorin s
104
200.00
285.00
200.00
275.00
371.00
428.00
1,240.00
161.00
394.00
992.00
• Under 100 square feet,
• 101-500 square feet
• per 100 square feet or part thereof over 500
square feet
Dock Repair-Commercial-replace all but piles
(plumbing and electrical not included)
Dock Repair-Residential-replace all but piles
(plumbing and electrical not included)
Seawalls & Seawall Repairs (including piles)
• Under 75 linear feet
• 75-150 linear feet
r--Per 25 linear feet or part thereof over 150 linear I · feet
r-------~craft Lift ~to 2 systems (Dual arm lift is a single unit)
• Each additional system over 2
~s or Moorings I • up to 2 units
1 • ~=~r.h additional piling over 2
tric Signs:
1,009.00
'1')n nn I
211.00
143.00
,::;:,
921.00
113.00
A
205.00
')~') (\(\
1,001.00
1 038.04
1,351.00
1 400.99
230.00
238.51
211.00
218.81
143.00
198.00
~
41.48
rary Platforms for public assembly, first 1 71 nn 1 4+1,.00 1
L_ _____ ~~~~~n~lln~rn'~~.J~II _______________________ _L _______ _L ____ ~~
105
!a' Bleachers for public assembly, first 100.00 ~
94.37
ry Platforms or Bleachers for public .:t-9,-00
, re-approval 19.70
xcluding electric and plumbing, per tent
• Up to 1 ,000 square feet 114.00 114.QQ
• Each additional 1 ,000 square feet over A f"'l f"'lf"'l 2-7-,00 ~-~~
1,000 28.00
: Temporary Structure /Trusses/statues (no electrical ':1 ~ A f"'lf"'l
or plumbing included)
rary Chiller A 44§.QO
461,47
1 ~llliJOrary Generator ')')Q ()() a~s.GG
Construction Trailer, per trailer &::A7 f"'lf"'l l
~ ~~
Office Trailer, per trailer 661.00 661.QQ
685.46
"T". ry Power for Construction ~17.00 a1+.GG ·r ~
I Temporary Power for Test ~ O'J nn I
Tonmnrary Multi-seat Toilet Trailer, per trailer ~ 1+.{)fJ
79.85
Temporary Individual Toilet, per event 2S,.OO -1-&.-00
16.59
Amusement Rides ~ ~
59.11
~mporary electric work on circuses, carnivals, per 300.00 9 ow.
emporary Fencing 1 A~ f"'lf"'l
~ng Component of Fire Permits:
• Cooking Hood Suppression (per system) ~66.00 a66.oG
Multiple systems in same area (i.e. kitchen) will 275.84
be charged at 50% of above fee for each
additional system
I • Room Fire Suppression System (per system) ~88.00
• Fire Alarm Systems (based on square feet)
Up to 2,500 ~~8.00 ')•
236.44
2,501 -3,000 314.00 314.QQ
325.62
3,001 5000 399.QQ
5,001 10,000 §13.00 ~
106
531.98
10,001 -15,000 71 'l nn I
~-~~
15,001 -30,000 01" nn
~ ·--~~
30,001 -75,000 1 'l~Q nn I 1 'l~si nn:
.~~~-~~
1 418.62
75,001 -100,000 r ~.8~4.00 ~ .8~4.00
1 891.49
100,001 -150,000 I ~.508.00 2,508.00
2 600.80
150,001 500,000 1 0') "" 3,19~.00 ' 3310.10
Over 500,000 Q7~ nn 3,876.00 ' 4 019.41
• Repair & replace Fire Alarm Panel Only
Up to 2,500 114.00 114.00
118.22
2,501-3,000 114.00 H4.00
3,001-5000 114.00
5,001-10,000 11 A nn I
-~~
10,001 15,000 1
-~~
15,001-30,000 ~ 14.00 114.00
30,001-75,000 114.00 114.00
75,001-100,000 11A no 1 ~ ~ 4.00
100,001-150,000 114.00 ~ 14.00
118.22
150,001-500,000 114.00 ~ 14.00
118.22
Over 500,000 11 A nn I ~ ~4.00
Fire-Elevator recall Test
\ Base 156.00 156.00 i
I Per Floor 54.00 54.00
56.00
• Electrical Smoke Detectors (Fire Permit)
• Under 5 devices 'l "" "" I 15fHlO
164.89
i • Up to 25 devices r::.nn nn I 488.0Q
~ • Per additional 25 devices or part thereof &&DO
107
binor work on existing fire alarm
• 1 to 5 components ·"'A') nn 1 MOO ""~
56.00
• 6 to 15 components "'7"' nn 1 40i.QQ ~
' • Minor work on existing fire suppression syst"'""' "'A') nn 1
I I" 1""'7
Building Trade Permits
0 , .a..-~inq Minimum Permit Fee Items
(Includes but not limited to: storage sheds, 114.00 1QQ.QQ
benches, mirrors, interior doors) 103.70
Building Permit for Minor Repairs 12~t00 428.00
Permit
• Residential Based on Planning Fee Scheau1e a-7-,00 'll=;. (\(\ l
only ~ I • Commercial 114.00
.
Installation or replacement of windows and
exterior doors in all buildings, Shutters, fixed
glass or storefronts:
New installation or replacement, of abo""' li,;.:.:.;;..:lT
I items:
I • 1 unit -t nn nn
• 2-10 units "lnn nn 200.00 =
207.40
• 11-30 units 627.00 330.00
342.21
: • 31-50 units ()""" nn 848.00
879.38
• 51 and more units (special inspection ron "" nn l 4Q.:.QO .,,
I per additional 5 units or part thereof ~
rs:
~installation or replacement
• 1-30 units* 200.00 Hii7.00
....... ch additional 10 units or part thereof over 30 &1-,GQ 49,.00
50.81
*Unit is the opening between structural columns
108
'"""'' ... front including windows and doors
*"'"'"'"'in:
• Up to 1 00 square feet ·-·~~
• w1 to 1,000 square feet Q~~ on l 846.00 ~·
877.30
"'r additional 100 square feet over 1 000 ~~A nn ~ ~ ~ .00 .
oving buildings or other structures:
• Under 1,500 square feet (does not Include cost 342.00 339.00
of new foundation or repairs to building or 351.54
structure.)
• Per additional 1 ,500 square feet ~ 12€iGO
Concrete slabs, Walkways, wood decks and
Paving (Where separate installation not
covered by prior permit):
Concrete slabs and walkways
• Per 1,000 square feet 228.00
ng
• Per 1,000 square feet 228.00 = lings
• 0-100 feet 228.00 228.0Q
• 1u 1-500 feet 3~4.00 3~4.0Q
• 501-1,000 37~ .00
• Above 1,000 square feet A'JQ nn l
·-~ ~~
Roofing, re-roofing and waterproofing:
and re-roofing
• Under 2,000 square feet 523.00 1QQ.OO
197.03
• Per each additional 1 ,000 square feet or 9 ~ ~OO.QO
I thereof ~
109
\1\/<:~torproofing I
• Under 2,000 square feet &::'>'2 nn 1 i¥J • Per each additional 1,000 square feet or part aQ nn 1
thereof
and/or walls:
le-family and duplex buildings:
t 75 linear feet or fractional part 3~ 4.GG ~~G.GO
• Fnr each additional 75 linear feet or fractional A7 nn 4'1-tOO -~~
I part thereof
11ily, commercial and industrial buildings:
• For first 75 linear feet or fractional part 3~ 4.QQ ~97.00
204.29
• For each additional 75 linear feet or fractional ++!JfJ ++!JfJ
I part thereof 79.85
sing, canopies and residential nolln ~.
SinQie Family Home
• Up to 3Q square feet 01 nn I ~ ~ -~~
• Per Unit 150.00
All uther Occupancies
• Up to 3Q square feet 1 A'2 nn
• 1-30 Units
• Per eaGR aaaitiOAal 3Q square feet or part 9&,00 ~
tt:lereof 185.00
• Each additional 10 Units over 30
Carport Awning 294.QQ = Replace fabric for awning, canopy or cover (no 1 A'2 nn 1 -74.-00
charge for single family home) 76.74
-63 Plumbina oermit fees:
Minimum plumbing permit fee: 1 ~QQ.QQ ·~
~Q3.7Q
This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.
i Plumbing Demolition Permit 171 nn ~7Q.QQ
110
I Plumbing Permits including Building, El _ .. _,_ !
I and Mechanical Components
~on Systems
• First zone 399.00 ~
88.15
• Each additional zone ~ ~
29.04
~d Drainage Risers and Mains, per 1 Unit
r or Main
Unit Residential (excluding SFH)
• Up to 5 units §4~.00
• Each additional 5 over 5 ~ ~
30.07
• Commercial
• Up to 5 units §70.00 §70.00
• Each additional 5 over 5 ~
30.07
Natural Gas and Liquefied Petroleum, Applianc
nit per Outlet and appliance, such as
water heathers, stoves, dryers, etc
• Residential
• Up to 5 units ')t:::.7 ()() ~ • Each additional 5 over 5 'ln '"'
• Commercial ~ • Up to 5 units 'JQt:::. nn I
-~~-~~
• Each additional 5 over 5 .20....QQ
-~ ~
30.07
Gas water heater or pool heater new-Sing I 408.00 00,.00
Home( no electric permits required)Up to 5 Un 89.18
'""'"""' •• ater heater or pool heater new-Commercial 408.00 ~61.00
(no electric permits required) Up to 5 Units ! · '-""'""h additional 10 over 5 .20....QQ
~cal Water Heater or Pool Heater-New
• Up to 5 units 1§~.00 00,.00
89.18
• Each additional 10 over 5 ~ ~
30.07
111
Electrical Water Heater or Pool Heater-
I Replacement
• Up to 5 units n"" r.r. I .R.1__Q.Q
84.00
• Each additional 10 over 5
30.07
I Plumbing Permits-Stand Alone
tures or Interceptors:
ures
ture Rough
• Up to 5 units 'l'lO f'\f'\ I aGQ.GG
• Each additional 1 0 over 5 ~ 2.0....0..0
"" " ...
ets replacement
• Up to 5 units ~ 4a.QQ ~43.QQ
• Each additional 1 0 over 5 ~ ~
30.07:
Interceptors (per unit)
• UIJ to 5 units 'l'lO nn 228.QQ
236.44
• Each additional 10 over 5 ~ ~
30.07
me-piping Bathrooms/ Kitchens
• Up to 5 units
'"' ... dditional 10 over 5 ~ ~
30.07
~nage or Connections:
1 \1\/.,tor Drainage (rainwater roof inlets, area
surf~ce inlets)
• Up to 5 units 'lt::.7 nn
~~
• Each additional 10 over 5 ,._.., ~
30.07
Condensation drains
• Up to 5 units 2QQ.QQ
• Each additional 1 0 over 5 ~
30.07
112
Water meter/Sub-meter connections to water
supply system or to appliances/installations not
covered by fixtures
• Up to 5 units ,,., o r1 r1 I
......... ch additional 10 over 5 ~ ~
30.07
Sub-meter with Backflow protection device
• Up to 5 units 27§.00 217,QQ
......... ch additional 10 over 5 ')0 (\(\ j ~ ""'"'' 'V
30.07
hackflow protection devices
• Up to 5 devices '1C:.7 (\(\ ~ ""'"" '""""'
• Each additional 10 over 5
30.07
~sSewer:
~ j Gas Venting/Flue Piping 200.00
~ells or Discharge Wells = • Up to 5 units .,.,o "" I ~·""""'
• Each additional 10 over 5 """"""""' ~
30.07
•I n~s & liquefied petroleum, 1 unit P'""' "' ·+~--+ 1
~pliance
to 5 units 28§.00 277.00
~ I • Each additional 10 over 5 ~
r/gas mains per 1 unit
• For the first 50 feet 228.00
l • per additional 1 unit per 50 feet &7-,.00
58.07
~ary, storm, condensation drains and coli
per 1 unit
• For the first 50 feet ~ 277.00
' • per additional 1 unit per 50 feet &7-,.00 ~
58.07
113
14-64 ~ctrical permit fees:
:j 1 Minimum permit fee including repair _ 114.00 I""'
· , unless other minimum fee specified
(This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.)
Electric Demolition 177 nn l = ·--
Electrical Safety Check for service reconnect 114.00 110.00
114.07
Electric Alteration or Remodel:
• Minimum Fee or under 1500 square feet ~e~.oo 1198.00
• Per additional 1000 square feet over 1500 133.00 gg.,.oo
92.29
I Electric Permits including Building, Mec ............
, and Plumbing Components
Parking lot lighting 314.00
s Controls/Card Access
• Under 5 devices ')()() ""
to 25 devices aae.oo
• Per additional 25 devices or part thereof ag,.oo 00..00
51.85
tric Permits Stand Alone
ic Services (meters):
• One meter, Minimum Fee '"H~'> nn I
• 2-5 meters 488.00 477.0Q
494.65
• Per additional meter over 5 J(hQG J(hQG
31.11
el Replacement:
• One panel, Minimum Fee ')()&:;: ""
• • 2-5 panels 314.00
114
...... ;:!dditional 5 panels or part thereof over 7P. nn ~ -..;r,-..n;;T
stal/ation:
der 15 linear feet, Minimum Fee 2e2.QQ
• 15-50 linear feet ':!71 nn 1
• Each additional 50 linear feet of part thereof over .LfLllO -7&.-00 ~·~~
50 77.78
Voltage (Devices):
• Under 5 devices 234.QQ -74:-00
73.63
• I In to 25 devices 257.QQ 246.00
255.10
• per additional 25 devices or part thereof -7&.-00 -7&.-00
77.78
Empty Conduit (for future low voltage):
il • Under 5 openings, Minimum Fee 1
• Up to 25 openings 3~ 4.QQ
• Per additional 25 openings or part thereof over -7&.-00 ~ 25
Charging Stations-Single Family Residence 1~11 no ~54.QQ
Charging Stations-Commercial
• Up to 5 units 22g.QQ
· • Each additional 5 over 5 w,.oo
14-65 Mechanical permit fees:
1 IVIHm11Um mechanical permit fee: 1111 nn
·~~
This minimum does not apply to permits issued as
supplementary to current outstanding permits for
the same job.
nical Demolition Permit 1111 nn 1 ~QQ.QQ
103.70
Air conditioning and refrigeration: (Includes all
component parts of the system except water, duct,
electric and gas lines and connections that feed
separately)
115
~C Unit New-Residential
• Installation of single unit 4J9.00 a5a.oo
264.44
• Installation of 2-5 units eW.OO 632.00
551.68
• Each additional unit over 5 ~52.00 146.00
150.37
I
AC Unit New-Commercial, per unit
• Under 2,000 CFM Q'Jn nn I 839.00 ~
• Over 2,000 CFM -1 -1 'ln nn I 93~.QO '
AC Unit Replacement, single unit -Single Family 2J8.00 131.0Q
Home (R3) or Single Apartment Unit (R2) 135.85
Residential
AC Unit Replacement, single unit -Commercial
• Under 2000 CFM J~ 4.00 305.00
316.29
• n,,er 2000 CFM J52.00 340.00
I AC Unit Replacement for each and any additional 4(hOO A~ nn I
unit 44:591
AC Window Replacement over 12000 BTU, per unit ~90.00 l
Cooling Tower with Structural Work ~ ,08J.OO ~ Cooling Tower Replacement without structural work 1 209.00
·r cement with structural Work 542.00 542.00
562.05
I'"'~ :II Replacement without structural work 'lnn nn 209.0Q
;;j I Pool Heat Pumps(New) ~'Ja nn I
Pool Heat Pumps(Replacement) ~J7.00
87.11
I Raise existing Mechanical Equipment on Roof for t:::'l-1 nn 620.0G
I Re-roof 642.94
I Refrigeration equipment replacement 2ee.oo ~
116
Furnaces and heating equipment including
commercial driers, ovens and other fired
objects not elsewhere classified. (Includes all
component parts of the system except fuel and
electrical lines.) (For vented and unvented wall
heaters, see plumbing permit fees, natural and L.P.
gas.)
s or oil furnaces:
Residential ~e~.QQ
• Commercial ~sa.QQ
Hood Replacement a4~.QQ
Duct Work -New or Replacement
Residential
• Under 15 supply drops ~a7.QQ
• Each additional 5 supply drops over 15, or part 17~ .QQ
thereof
~mercia I ~ ~ Jp to 600 linear feet
• L..och additional 200 linear feet over 600 linear
foot
aust Ventilation New or Replacement ~ ~
, Smoke Control Test: ~• ~ • Under 10,000 square feet
• 10,000 to 50,000 square feet
• Over 50,000 square feet ~ .G~a.QQ
~ =ute
nt a4~.QQ 342.00
I Walk-in coolers and walk-in freezers each ~ ~a.QQ 115.00
I (eauioment fees add.)
Elevators, escalators and other lifting
apparatus:
Permit for new installation or major revamping_per
ASME A 17. 1 Section 8. 7 Building permit required.
(includes initial inspection and certificate.):
tion of traction elevators and escalate
117
I unit
• Up to three stories ') 1 -· ~~ ~~
1• 3-1 0 stories "~nQ nn -·
I • Each-additional story over 1 0
~ a4.QQ
Installation of hydraulic elevator, per unit
• Up to three stories 1 11" nn I 1 11" nn I
J ,-.~~ J
1 153.14
• 3-1 0 stories 1 1 A 1,::;: nn I
J ~ ~
1 '467:361
Installation of wheelchair lift 94~.QQ 94~ .QQ
975.82
Installation of residential elevator, per unit ~.~69.QQ 1 1~0 nn
J
1 2
, Installation of escalator, per unit "nQ1 nn 1 2,Q81.QQ J
2158.00 t=nance
permit
(not to include major revamping) §8Q.QQ §8Q,QQ
+=rs (value over $5,000.00) per ASME 17.1 J 6~Q.QQ 61Q.QQ
n 8.62
I Repairs (Jack/Oil Lines)Up to $5,000.00 ~=;1n nn 1 = , Repairs (Can lnterior/other)Up to $5,000.00 29~ .QQ 29~.QQ
250.00
I Roof window cleaning machine, each machine ~Q4.QQ ~Q4.QQ
~
nm11it for removal of elevator from service c:: §§Q.QQ ~~ ·~~
Elevator Tests, Temporary Use, Variances and
Cnmn/iance Inspections:
1 nA~=; nn
1=
. "'ency Power Test J
1 0 .
I Elevator Fire Recall Test, per unit 985.QQ
1 021.45
118
... 1 y Use Permit ! ... 'J7'l (\(\ 1,270.00 ·r I
1 316.99
Armlication for variances from codes to install or 513.00 500.00
modernize equipment
Annual fees for certificate of operation and I
Inspection
Certificate of Operation for each unit (ma11uaLt:::ud 75.00
j:al of Delinquent Certificate of Operation 100.00
te Certificate of Operation (mandated) 2
I Dumbwaiters, elevators and escalators -certificate
and inspection:
Periodic (Annual) Inspection
The annual charge is based on the condition that
the equipment is under a maintenance agreement
with a qualified maintenance company, in which
case there is no obligation for the City Inspection to
be given every year. If no maintenance agreement
is in effect August 1st of every year, the City
Inspection will be performed every year and above
charges for the next fiscal year shall be 150% of
the one shown in these tables.
I Reinspection fee, each re-inspection 1
Witnessing of 1-year tests per ASME A 17.1, part X, 200.00
section 1000, rule 1000.1 b
];ssing of 5-year tests per ASME A17.1,Part X, ')' 250.00 -~. ~
n 1000, rule 1000.1 b
= Compliance inspection if witnessed test fail"'rl, --I ... (\(\ (\(\
• inspection
Any elevator, escalator, etc, owner who fails to
comply with the order to correct a violation issued
within 30 days, is subject to an administrative fine
up to $500.00 in addition to any other penalty
provided by law. Fines can be imposed for every 30
days period that the violation remains active.
119
These fines, before or after paid, can be appealed
to the Department Director whose decision shall be
final. No clearance for the use of the elevator shall
be given until these fines have been paid or
waived.
The Department Director can delegate this appeal
function to the Department Assistant Director, the
City Building Official or the Deputy Building Official.
Boilers and pressure vessels, Installation
permit fees, including initial inspections and
certificate; does not include installation or
connection of fuel and water lines:
ASME Boiler and I d in the
n, rro \/occol ("',...rio) . --· -
rs and Pressure Vessels, 200' 000-400' 000 ')' 379.09
BTUs
Annual Inspection for Boilers ~§O.QQ
~s:
I Drocc' ''""' and process piping, sheet lllo:::;Lal a1 ~42,QQ
I work and other mechanical lines:
uenmcate of Occupancy fees:
~nor nrr11n~ncy Type:
=l §9~ .QQ "J
Business, Mercantile ;;j • under 20,000 square feet 4Q~ .QQ
• over 20,000 square feet §34.QQ
n::~yr.::~re, Educational, Institutional
R-1, R-2 Building, Per Unit 1 -· -
R-3, Single Family Home/Duplex/Triplex
120
S. Storage 40~.00
Building Shell < 75 feet 458.00 468.00
~
I Building Shell > 75 feet 91~.00 9~~.00
945.74
14-66(2)b. ,..., ...... 1 and Temporary Certificate of Occupancy or
letion fees:
Partial certificate of occupancy or completion
Fees charged based on the percentage of the total
square footage being requested for
occupancy/completion times the cost of the final
certificate of occupancy or completion plus a
surcharge of 25% of the cost of the final certificate
of occupancy/completion for each partial certificate
issued
mporary certificate of occupancy or completion
1 00% of final certificate of occupancy or completion
fee plus the cost of any additional required
inspections. Additional required inspections will be
charge based on actual time spend on inspection
multiplied by the hourly rate, as specified in Section
14-61 (h)
Extension of temporary certificate of occupancy or 143.00 100.00
completion, per period as set by the Building 103.70
Official
14-66(2)c ·cafe of Completion fees:
Certificate of Completion fees for reconfiguration of
space are the same as Certificate of Occupancy
fees per section 14-66(2)a
~ I Swimming Pool 'l'lO nn
--~---
Kitchen/Bath -7&.-00 7C: nn I
7-8:811
Generator 16~.00 162.00
167.99
')')Q nn 1 /Seawalls --~·--
121
14-67.1
14-67(c)
14-67.2
A/C Units and Cooling Towers per permit
I Other Certificates of Completion, Minimum Fee 181.00
Reinspection of existing building to determine Based on
compliance with the applicable Building Code actual time
spent on
inspection
multiplied by
tAe
r recertification ro ram fee:
eshold building
compliance fee, regular fee, plus
New inspection report fee if recertification not
completed within 90 days of building's being
declared unsafe
Employee training, education, safety, and
technology procurement and implementation for
service enhancement surcharge is 6% of each and
eve Permit Fee
Added to building permits for state to study building
code requirements for radon, gas, per square foot
per Florida Administrative Code Chapter 64 E 5
Parts X and XII (Radon Rule).
Pursuant to Florida Statutes F.S. 553.721-ln order
for the Department of Business and Professional
Regulation to administer the Florida Building Code,
there is created a surcharge to be assessed at the
rate of 1.5 percent of the permit fee associated with
enforcement of the Florida Building Code. The
minimum amount collected on any permit issued
shall be 2.
122
884.00
250.00
300.00
Based on actual
time spent on
inspection
multiplied by the
inspection fee
hourly rate, as
specified in 14-
61(g).
Building Code Administrators and Inspectors Fund
shall be funded through a surcharge to be
assessed at the rate of 1.5 percent of all permit
fees associated with enforcement of the Florida
Building Code. The minimum amount collected on
an ermi issued shall be 2.
Pursuant to Miami-Dade County Ordinance 8-12(e)
a Surcharge to building permits for County code
liance ro ram, er $1 000 of work valuation
Sanitation impact fee for all building, electrical,
plumbing, mechanical demolition permits,) 0.30% of
estimated cost of ro·ect:
Minimum
xi mum
SECTION 4. REPEALER.
1,500.00
1,500.00
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
123
0.60
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of --------• 2012.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
1\ '() \1...-
Date
T:\AGENDA\2012\9-12-12\Permit Fee Revisions\Permit Fee Revisions Building Ordinance 09122012.doc
124
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
50-3 "PLANS EXAMINATION, INSPECTIONS, PERMITS" AND
THAT PORTION OF APPENDIX A OF THE CITY CODE BY
MODIFYING INSPECTION FEES FOR BUILDING, PLUMBING,
ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER
FIRE DEPARTMENT ACTIVITIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No.
2010-3671, for Fire Department fees related to the fees for the Building Development Process;
and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided for a
completely new fee structure for the Building Development Process; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 50 "Fire Prevention and Protection", Section 50-3 "Plans
examination, inspections, permits" is hereby amended as follows:
* * *
(m) Refunds, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit required
by Section 1 05.1 of the Florida Building Code, may be refunded by the public works
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the building official under authority granted by the
Florida Building Code; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department, unless the
refund is due to an overcharge by the city.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund less the $50.00 minimum up-front permit fee and any outside
agency fees shall be granted to a permit applicant who requests a refund in
writing, provided that no plan review has commenced.
125
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued) who
requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That no work as evidenced by any recorded inspection has
commenced under such permit.
* * *
Section 2. That Appendix A is hereby amended as follows:
Section this
code
50-3(h)
50-3(1)
* *
Description
Special fire inspection fee, the greater of
*
Amount
(Effective
October 15,
2012)
Inspection hourly rate: New Rate established at the beginning of each
fiscal ear
Plans review hourly rate: New Rate established at the beginning of
each fiscal ear
Plans re-review fee
•First and second re-review 0.00
•Third and subsequent re-reviews: Based on four times the actual time
s ent on lan review multi lied b lan review houri rate
Certificate of occupancy or completion without
buildin ermit, houri rate, minimum
126
50-3(1)
50-3(1)
50-3(m)
50-3(n)
I 50-3(o)
50-3(p)
Section this
code
Certificate of occupancy or completion fee after
approving a temporary certificate of occupancy,
hourly rate, minimum
Partial certificate of occupancy fee. Fee based on
the time spent for each subsequent partial
certificate and final certificate, hourly rate, minimum
Permit extension
Employee training, education, safety and
technology fee, percent of the fire department
component of the permit fee
Up front fee, percent of the fire department
component of the permit fee
Building permits. New construction or
reconfiguration of space-Under 50,000 square
feet. The fee is based on the total square footage
multiplied by the rate per square foot, in 100 square
feet intervals, as specified below
Description
127
Amount
(Effective
October 1,
~
127.74
~98.00
~98.00
100.00
6%
20%
Discounted
Amount
(Effective
February 1,
2010 through
September 30,
~Amount
{Effective
October 15,
2012)
60.16
•From 1 ,000 square feet to 5,000 ~ 5.3
square feet, above fee plus
•From 5,000 square feet to 50,000 ~ 1~7.27
square feet, above fee plus
B, Business
~00 square feet e: 00 square feet to 2,500
square feet above fee plus
I •From 2,500 square feet to 25,000 ;z
1 square feet, above fee plus
•From 25,000 square feet to 50,000 l&.-7-1-: &.-7-1-5.92
square feet above fee plus
0/E, Day care and educational
•Up to 3,000 square feet ~64.18
•From 3,000 square feet to 15,000 ~ t ')'l QA ?Ll, 7?
square feet, above fee plus
•From 15,000 square feet to 50,000 ~ I +-;-C-+ .!. ~8
square feet, above fee plus
1-1, Institutional occupancy
•Up to 1,500 square feet ~4111
•From 1 ,500 square feet to 7,500 ~21.0~
square feet, above fee plus
•From 7,500 square feet to 50,000 &.-&4-&.-&4-5.71
square feet, above fee plus
1-2, Institutional occupancy
to 4 500 square feet ~ ~53.06
•From 4,500 square feet to 22 . 12.01
~ ·~ f, .~~ ~~ ve fee plus
•From 22,500 square feet to 5u,uuu 1&.-W &,.W 6.18
~, ~p~ f~~t. above fee plus
M, Mercantile (department stu•~:: u• 1
drug store) [}n". QA •Uo to 1 000 square feet ~32.02
·nu11r r ,000 square feet to 5,000 &.00--~86
1 ~1..1uare feet, above fee plus
•From 5,000 square feet to 50,000 &.00--&.@ 5.21
square feet, above fee plus
M, Mercantile (gas station)
•Up to 400 square feet 2~7.9§ i A').A') 43.99
•From 400 square feet to 2,000 ~ ---~a
square feet, above fee plus
•From 2,000 square feet to 20,000 a Q') ~ 10.29 -.;;r;-;;;n::;
1 square feet, above fee plus
±iom 20,000 square f~ 13,-00 8.36
uare feet, above fee plus
Mercantile (retail or
•Up to 1,500 square feet . ~54
I •From 1 ,500 square feet to 7,500 ! 4.-G§ ~2
square feet, above fee plus
I •From 7,500 square feet to 50,000 4.-Q§ 14.-Q§ 4.20
1 square feet, above fee plus
128
R-1, Residential, transient
~1~ •Up to 2,000 square feet ~65.54
•From 2,000 square feet to 10,000 'J1.'l 7 22.16
square feet, above fee plus
•From 10,000 square feet to 50,000 : a a'l ~6.88 VoVV
square feet above fee plus
R-2, Residential, permanent ~ ~ •Up to 600 square feet
•From 600 square feet to 3,000
square feet, above fee plus
9
•From 3,000 square feet to 30,000 ! ')~ AA I 'l~.AA 22.23
square feet above fee plus
•From 30,000 square feet to 50,000 !~l=:'l')
v.v-
square feet, above fee plus
R-4, Residential, assisted liv
•Up to 1,500 square feet 40M41.63
•From 1,500 square feet to 7,5 4-4.-QJ 14.55
square feet, above fee plus
•From 7,500 square feet to 50,000 ~ ~4.00
square feet, above fee plus
I .;:>-I' vlUI age, mode. au::: llaLal
(reoair aaraae)
•Up to 500 square feet 1 ')Q I=: I=: 52.60
•From 500 square feet to 2,500 &.--72 4-6-A-J 17.04
square feet above fee plus
•From 2,500 square feet to 5,000 I &.--72 44.-+J 15.28
~~ ~r~ f,...,...~ oh faa plus
•From 5,000 square feet to 25,000 &.--72 &.--72 6.97
c:n••::~re feet, above fee plus
•From 25,000 square feet to 50,000 I=: f'l~ &.-M 5.20 v.v
square feet, above fee plus
S-2 Storage low hazard
•Up to 1,000 square feet 43.15
•From 1 ,000 square feet to -.J,vvv ~
square feet, above fee plus
•From 5,000 square feet to 50,000 ~ ~5.31
square feet, above fee plus
S-2 Storage parkina aaraae
Lu ';:),000 square feet ~ 28.57
•From 15,000 square feet to 50,000 : 1 'l$l 1.43 '""""'
square feet, above fee plus
Shell Building < 75 feet
•Up to 15 000 square feet ~ ·~26.~?
·nu111 15,000 square feet to 50 ~ ~1.10
f, ..-.h,... ,,... f,...,... plus
II building > 75 feet ~
•Up to 15,000 square feet ·~28.05
•From 15,000 square feet to 50,0 ~1.30
square feet above fee plus
50-3(p) Building permits: New construction
or reconfiguration of space above
50,000 square feet
129
0-3(p)
50-3
-7&.-00 .!...77!...!'..!....::::: I
Kitchen renovation: Single unit (R-2 eg.,.oo 70.52
Occu anc
Bath renovation: Single unit (R-2 47.70
Occu anc
Communication equipment
enclosure
•Without transfer switch and ~
rece tacle
•With transfer switch and ~
rece tacle
fountains: Commercial,
includin e ui ment
New swimming pool/spa: 167.00
Commercial, under 1,000 gallons
each includin e ui ment
New swimming pool/spa: 215.00
Commercial, 1,001-25,000
allons
New swimming pool/spa:
Commercial, over 25,000
Swimming pool renovation: 48,.QG
Commercial
Pool e ui ment: Relocation ~
rtial and total demolition
I demolition under -1-;QOO 300
uare feet
130
163.00 169.03
211.00 218.81
12.44
50-3(p)
50-3
Per 1,000 s uare feet over 5,000
Marine ermits
s: Commercial
Landscaping (commercial) up to
250 s uare feet
108.00
Landscaping (commercial) lot size 1~,.-\;N
u to 10,000 s uare feet
Landscaping (commercial) lot size
greater tReAthan 10,000 square
feet
Building: Temporary/special eve
ermits
Temporary
structure/trusses/statues (not
including tents, platforms or
bleachers
Temporary platforms for public
assembl , first a roval
Temporary bleachers for public
assembl , first a roval
Temporary platforms/bleacher
ublic assembl , re-a roval
Building minor work including
interior doors; re airs; etc.
Windows, exterior doors, shutters,
fixed glass or storefronts: New
installation or re lacement
•1 unit
•2-10 units
1-30 units
131
175.00
133.00 137.92
9&.-00 ~98::!..:.·Sli: 1
f-----~
Paving/wood deck per 1,000
re feet
Fences and/or walls
Multifamily, commercial and
industrial buildin s
r 2,000 CFM
•Over 2,000 CFM
Cooling tower replacement wit
without structural work
111.00
Chiller replacement with or withoull ~~;\:I'd
structural work
Gas or oil furnaces: Commercial
s
new or replacement:
rcial
132
50-3
•15,001 to 30,000 square feet
•30,001 to 75,000 square feet
•75,001 to 100,000 square feet
•1 00,001 to 150,000 square feet
•150,001 to 500,000 square feet
•1 00,001 square feet and up
(q)
133
570.00
620.00
715.00
978.00
1,072.00
1,455.00
16,180.00
119.00
382.00
2,243.00
1,527.00
1 583.50
2,243.00
2 325.99
50-3(q)
50-3(q)
•1 0,001 to 15,000 s uare feet
•15,001 to 30,000 s uare feet
•30,001 to 75,000 square feet
50,001 to 500,000 squar
•500,001 to 1,000,000 squar
Installation of new single station
e detectors
•Under 5 devices, minimum
•U to 25 devices
•Per additional 25 devices beyond
the initial 25 or fraction thereof,
above fee Ius
Fire suppression system. Localized
suppression system (cooking hood,
paint booth, etc.), per unit or
system. Multiple systems in same
area (i.e., kitchen) will be charged
at 50% of above fee for each
additional s stem
Fire suppression system. Room
suppression system (computer
hood, electrical rooms, etc.), per
unit or s stem
Minor work on existing fire
suppression system ( 1-5
com onents
134
1,651.00
238.00 238.00 246.81
620.00 620.00 642.94
172.00 a&.-GQ 57.04
50-3(y) 150.00
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section", "article",
or other appropriate word.
135
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012,
PASSED and ADOPTED this __ day of--------' 2012.
ATTEST:
CITY CLERK
T:\AGENDA\2012\9-12-12\Permit Fee Revisions\New Fire Fee Ordinance 9-2012.docx
136
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
'v
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
15-40 "REFUNDS"; 15-42 "ADJUSTED RATES"; AND THAT
PORTION OF APPENDIX A OF THE CITY CODE BY
MODIFYING ZONING FEES FOR BUILDING, PLUMBING,
ELECTRICAL, AND MECHANICAL WORK, AND FOR OTHER
PLANNING DEPARTMENT ACTIVITIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3672, for Zoning review, related to the fees for the Building Development Process; and
WHEREAS, the Ordinance went into effect on February 1, 201 0 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 15 "Zoning Review Fees Associated with the Building Permit
Process", Article II "Zoning Review Fees Associated with the Building
Permit Process", Section 15-40 "Refunds" is hereby amended as follows:
The fees charged pursuant to this chapter may be refunded by the planning
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the fire marshal or building official; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund, less the $50.00 minimum up-front permit fee and any
outside agency fees shall be granted to a permit applicant who requests a
refund in writing, provided that no plan review has commenced.
A full refund, less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
137
Section 2.
shall be grated to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
A full refund, less $100.00 or the up-front fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That a validated copy of the permit be submitted with such
request; and
c. That no work, as evidenced by any recorded inspection, has
commenced under such permit.
* * *
That Chapter 15 "Zoning Review Fees Associated with the Building Permit
Process", Article II "Zoning Review Fees Associated with the Building
Permit Process", Section 15-42 "Adjusted Rates" is hereby amended as
follows:
The rates in appendix A pertaining to this section chapter will be administratively
adjusted annually to reflect increase(s) or decrease(s) in the Consumer Price
Index for consumers in the southeast United States for all items, unless
otherwise directed by the city commission. Notwithstanding the preceding
sentence, the rate adjustment set to take place in February 2012 shall be waived,
finding such waiver to be in the best interest for the city and of the public.
* * *
Section 3. That Appendix A is hereby amended as follows:
* * *
OCCUPANCY TYPE INCREMENTAL COST
PER INCREMENTAL_100
SQUARE FEET
Section this Description Amount QiscounteEl
Code (effective Amount
Oct. 1, 2012) (effective
Get. 1,
~
tRFOU§R
Se13t. JO
1 a, 2012)
Amount
(Effective
Oct 15,
2012}
15-32 Cost Per One Hundred (100) Square Feet based
138
Occupancy Type.
Samples of Occupancy Types are provided for illustrative
purposes only and are not inclusive of all uses within each
Occupancy Type.
The fee is calculated based on the total square footage
multiplied by the rate per square foot, in 100 square feet
intervals, as specified below:
A-1, Assembly-Fixed Seating (Theater, Concert Hall)
I Up to 3,000 square feet ao -1n 44.4-1-"'""• v
45.74
From 3,001 square feet to 5,000 square feet, abO""' foo -1 . ,..,-LJ1 . v
plus . ~=ml From 15,001 square feet to 50,000 square feet, ~h'"'"e fea t 4-;-ttt
'plus
eration/Remodelina
Up to 3 000 sauare feet 19.00
I From 3,001 sguare feet to 5,000 sguare feet, abO""' L-
1
Q]us 3.1_§
From 15,001 sguare feet to 50,000 sguare feet, abov
~ ~
~ "ssembly Food and Drink (Restaurant, Night Club,
•)
':!(}A to 350 square feet
101.25
From 350 square feet to 1, 750 square feet, above fee plus MJI ~
50.71
Frulrr 1,751 square feet to 3,500 square feet, "'h~"e fee MJI ~
plus 36.95
From 3,501 square feet to 17,500 square feet, above fee MJ ~8.85
7,501 square feet to 50,000 square feet, above fee e,..w I &.-W6.33
plus
A-2 Alteration/Remodelinq
I In tn ~50 sauare feet 62.18
From 350 sauare feet to 1 750 square feet above fee_QJus 30.85
From 1 751 square feet to 3 500 squaro foot !:In"""' fo,
Q]us 22.17
From 3,501 sguare feet to 17,500 sguare feet, above ree
Q]us QJlil
From 17,501 sguare feet to 50,000 sguare feet, ... h ... '" f,.,.,
12ll!s 5,Q1
A-3, Assembly (worship, amusement, arcade, community
hall)
Up to 1 ,000 square feet 192.31 ~
90.57
139
From 1 ,001 square feet to 5,000 square feet, above fee 4.48 ~
plus 31.56
From 5,001 square feet to 50,000 square feet, above fee 4.48 4-AS-4.33
plus
A-J AltP.r::~tinn/Remodelina
Uo to 1 000 sauare feet 39.
From 1,001 sguare feet to 5,000 sguare feet, above fee
Qlus 13.76
From 5,001 sguare feet to 50,000 sguare feet, above fee I
I:LIUS 12§
B, Business
Up to 500 square feet ·:p; . ...,
From 501 square feet to 2,500 square feet, above fee plus
on ,., ~
From 2,501 square feet to 25,000 square feet, above fee ". ~e I -BA&-~
plus
! From 25,001 square feet to 50,000 square feet, above fee .-.;;n;;T ~
plus
B AltP.r::~tion/Remodelina
Uo to 500 sauare feet ;¥,f From 501 sauare feet to 2.500 sauare feet above fee olus
From 2,501 sguare feet to 25,000 sguare feet, abo"" • 1
Qlus ~
lUI 25,001 sguare feet to 50,000 sguare feet, above fee
! Qill§ ~I
D/E Davcare and Educational
Up to 3, 000 square feet ~",., ~"' . ,...,
! From 3,001 square feet to 15,000 square feet, above fee
plus ~I 2.<9--Uz num 1 o,U01 square feet to 50,000 square feet, above fee
I plus
~no ~ From 3,001 sguare feet to 15,000 sguare feet, above fee
QIUS
From 15,001 sguare feet to 50,000 sguare feet, above fee I
Illits M§
1-1, Institutional (Ambulatory)
Up to 1 ,500 square feet, above fee plus ~AI:: a~ I &::Q ~" I
;;j ~ From 1 501 square feet to 7,500 square feet, above fee
.
140
~ 7 501 square feet to 50,000 square feet ~;:~~
1-1 Alteration/Remodelina
Up to 1.500 sauare feet
From 1.501 sauare feet to 7.500 sauare fpo+ "'h"""' f~
Qlus ~_Q
From 7,501 square feet to 50.000 square feet. a
Qlus 1Jll
1-2, Institutional (Non-ambulatory)
Up to 4,500 square feet, above fee plus 01 7P.. I Po.~ 7~=;. I
v-~~ of From 4,501 square feet to 22,500 square feet, ab" .....
plus
I From 22,501 square feet to 50,000 square feet ~ -h72-1.78
1-2 Alteration/Remodelina
Up to 4 500 sauare feet 13.43
1u1 4,501 square feet to 22,500 square feet, above fee
Qjus 1&§
From 22,501 square feet to 50,000 square feet.
Q)us OJ_§ I
ntile (Department Store or Drug Store)
Up to 1,000 square feet 10') :7 7A
~ .
59~
From 1 ,001 square feet to 5,000 square feet, above fee 4.4-8 ~
plus 39.22
From 5,001 square feet to 50,000 square feet, ab"''"' foo .... d3
plus
1111 , 11 Aercantile (DeQartment Store or Drug Storel
Alteration/Remodelina
Up to 1 000 sauare feet 59.88
From 1,001 square feet to 5,000 square feet, above fee
J2!!d.s 39.22
From 5,001 square feet to 50,000 square feet, above fee
Qlus ~I
ntile (Gas Station)
square feet At::'J '"' I ~ ~-.~~
93. 4
From 401 square feet to 2,000 square feet, above fee plus
From 2,001 square feet to 20,000 square feet, abo"e fee 1('\ 4-QA.Q -
10.47
20,001 square feet to 50,000 square feet, above fee 7 .... 7.51 ..... -
i plus
ntile {Gas Station) Alteration/RemodeiLna
141
u to400sauarefeet ~ 93.24
01 square feet to 2 000 square feet above fee lu 106.94
2,001 sguare feet to 20,000 sguare feet, ah"'
Ius 10.47 I
uare feet to 50 000 sou above fee
Ql!Js 7.51
M, Mercantile (Retail or Wholesale)
Up to 1,500 square feet 1o'J n1 1 ~
43.67
I riUIII 1,501 SqUare feet tO 7,500 SqUare feet, abOVe fee 4.00 ~
plus 40.41
From 7,501 square feet to 50,000 square feet, above faa 4.-tttt
plus
ntile (Retail or Wholesale) Alteration/Remodel~
Uo to 1 500 sauare feet 43.67
' -, u' 1 ,501 square feet to 7,500 square feet. above~
QJus 40.41
From 7 501 sQuare feet to 50 000 sauare feet abov
I ill!!§ ~
I R-1, Residential-Transient (Boarding House, Hotel,
I)
to 2,000 square feet 1'l7 01 I 71 ')Q ·-·
73.93
From 2,001 square feet to 10,000 square feet, ab()' '"'faa ~ 4-9,.00
plus 19.77
nur•• 10,001 square feet to 50,000 square feet, abov"" '"""" 2.52
plus
Alteration/Remodel ina
Uo to 2.000 sauare feet 21.28
From 2,001 sguare feet to 10,000 sguare feet, above fee
QJus 5.69 .... 10,001 sguare feet to 50,000 sguare feet, above fee Ul
QJus on I
R-2, Residential -Permanent (Apartment, Dormitory,
I Tirnocn.:ar~)
Up to 600 square feet A"-' --·----·-
103.18 I
From 601 square feet to 3,000 square feet, above fee plus g,.gg I ~
101.68
From 3,001 square feet to 30,000 square feet, ann""' L ·-
1 0 1'\1'\ n 1'\1'\ o '>1'\
---!.:::.--
plus
riUIII 30,001 square feet tO 50,000 square feet, above fee " . t'l "-.84
i plus
m-2 Alteration/Remodelina
lp to 600 sauare feet 18.40
142
: Fi u•• 601 sauare feet to 3. 000 sauare feet above fee olus 17.14
1
~rom 3 001 sauare feet to 30 000 sauare feet above fee
s 0.51
30,001 sguare feet to 50,000 sguare feet, abov"" faa
lllli!§ 0.51
R-3 Residential -Permanent (Dwellinqs Custom Hom
Up to 1,500 square feet 129.69 7Q ')~
~--
8
From 1 ,501 square feet to 2,500 square feet, above fee -1-GA-8
plus
From 2,501 square feet to 10,000 square feet, a ""
plus
• From 10,001 square feet to 50,000 square feet, ~~~ ~ ~ 1Q A7 I ~ ~·
plus 19.15
ation/Remodelina
Uo to 1 500 square feet 15.78
From 1,501 sguare feet to 2,500 sguare feet, above fee
QJus 15.82
From 2,501 sguare feet to 10,000 sguare feet, above
Jlli!s Q2Q
From 10,001 sguare feet to 50,000 sguare feet, abov
QJus 0.26
R-4, Residential -Assisted Living (6-16 persons)
Up to 1,500 square feet 154.79 """'"'
hi From 1 ,501 square feet to 7,500 square feet, above fee
plus
~
From 7,501 square feet to 50,000 square feet, abouo ~ -
plus
R-4 Alteration/Remodelina
1 500 sauare feet 24,~8
From 1,501 sguare feet to 7,500 sguare feet, ab
Q.lus 7.04
From 7,501 sguare feet to 50,000 sguare feet, abo""' E .• -
1
I ill!!§. 0&§
·1 Storage-Moderate Hazard (Repair Garage)
Up to 500 square feet '1'l'l o,;:; 01 hh
94.94
From 501 square feet to 2,500 square feet, above fee plus 4.1-2 ~
24.56
From2,501 square feet to 5,000 square feet, above fee 4.1-2 4-6-M
plus 17 ,.5.5
From 5,001 square feet to 25,000 square feet, ... ..,-.-v-.. ''"''"' 4.1-2 4.1-2
plus 4l.Z
From 25,001 square feet to 50,000 square feet, ah,.., 6W 6W
plus 2.97
143
S-1 Alteration/Remodelinq
Uo to 500 sauare feet 57~
From 501 square feet to 2 500 square feet above fee plus 14.
From 2,501 sguare feet to 5,000 sguare feet, above fee
~ 17.06
5,001 square feet to 25 000 square feet abova faa
Qlus ~
From 25,001 sguare feet to 50,000 sguare feet, above fee
21!& 2.5~
S-2, Storage -Low Hazard (excluding Parking Gara
Up to 1 ,000 square feet ')')f"\ AQ 0'> 1,::;: I
--~· ~ = From 1 ,001 square feet to 5,000 square feet, above fee &.-W
plus 37.30
From 5,001 square feet to 50,000 square feet, above fee &.-WI ~
plus 4.03
S-2 Storaae -Low Hazard ( excludina Parkina Garaae)
A ~~~~~tion/Remodeling
Uo to 1 000 square feet
From 1.001 sauare feet to 5 000 sauare feet above fee
QJus 37.30
Jl 5,001 sguare feet to 50,000 sguare feet, above fee
Q.IUS 4,m
S-2, Storage -Parking Garage
Up to 15,000 square feet ~ 17 I=;A I
·~
18.19
From 15,001 square feet to 50,000 square feet, above fee ~I ~
plus O~l
S-2 Storage -Parkina Garaae Alteration/Remodelin__g
Uo to 15 000 square feet 1
From 15 001 sauare feet to 50 000 sauare feet abov
21!& 0.32
All other occupancy types, including, but not limited to: A, ~ ~
Assembly; B, Business; D, Day care; E, Educational; and M, 3.95
Mercantile (department store, drug store, gas station)
Specialty permits
vUIIIIIIUIIication equipment enclosure
ansfer switch and receptacle :~=;Ann
• With transfer switch and receptacle F
144
Generators-Single-family
Generators-Commercial
Up to 50,000 sq. ft.
Above 50,000 sq. ft.
(photovoltaic )/alternate power systems-Single-fa
r (photovoltaic)/alternate power systems-
1 r, ... ...,,...,ercial/multifamily
Transfer switch for future generator (per unit)
Solar water heater
Swimming pools
New swimming pools/spa and fountains: Residential un
1 ,000 gallons including equipment
11\lt~wswimming pools/spa and fountains: Residential,
1,001-25,000 total gallons including equipment
378.00
378.00
11\lt~w..:.wimming pools/spa and fountains: Residential, over 189.00
25,000 total gallons including equipment
ing pool renovation residential (nonstructural) 351.00
including equipment
New fountains-Commercial, including equipment 351.00
New swimming pools/spa-Commercial under 1 ,000 gallons 378.00
each including equipment
New swimming pools/spa-Commercial, 1,001-25,000 405.00
gallons each including equipment
New swimming pools/spa and fountains-commercial over 405.00
25,000 gallons each including equipment
pool renovation commercial (nonstructural) 351.00
including equipment
Demolition
Total demolition under 3 stories
Total demolition over 3 stories
Partial Demolition under 300 sq.ft.
Partial Demolition tiRGeF 300 to 1000 sq.ft.
Partial demolition, 1,001-5,000 square feet
al demolition per 1,000 over 5,000 square feet §4...00
145
123.00
49.00
176.00
I 1 76.00
44.59
Demolition of signs, fences and/or other then above 2.Z....O..O ~26.96 --~~
Remove and replace 0.00
Replace fabric for awning: Residential ~ 44.00-14
Replace fabric for awning: Commercial 2.Z....O..O 44.00-.1.1,__
Docks including equipment and pilings associated with dock
i construction and 2 moorings
Docks-Residential under 100 square feet M,.GQ ~30.07
ks-Residential, 101-500 square feet ~ ~
84.00
Docks-Residential each 100 square feet over 500 ')7 '"' ~26.96 ,-· -~
Docks-Commercial under 100 square feet 0 ... "" ~ '"' .~ ....
82.96
; ..... Commercial, 101-500 square feet 0 ... "" 00-:00-82.9.§ jUUvl'l.;:o·
I Dock repair-Commercial ~ ~28.00
Seawalls/lifts/pilings/moorings
Seawalls under 75 feet 2.Z....O..O I '>'l "" 23. -·.
Seawalls, 75-150 feet 2.Z....O..O ~26.96 --·-
Seawalls each additional 25 feet over 150 feet &.-00 &.-QQ-5.19
Watercraft lift
• Up to 2 systems (dual arm lift is a single unit) l=::A f"lf"l M00-56. 00 '"' ·~
• Each additional system over 2 &.-00 &.-QQ-5.19
Pilling/moorings
• Up to 2 units ~ ~53.92
• Each additional piling over 2 4G 4-Q-.10.37
Electric master requiring subs
Parking lot lighting ~ I '>A.f"l0_24.89
Mechanical master requiring subs
AC unit new: Residential, 1 unit M,.GQ ~~~-~~~ AC unit new: Residential, 2 or more units M,.GQ
lAC unit new: Commercial, per unit I h. A nn 49-:00-llil_ I - - -
I Cooling tower with structural work M,.GQ
I Plumbing master requiring subs
I Backflow protection device (any quantity) M,.GQ 4&.00--4 7. 70
1Liu11 systems, 1 zone minimum fee I '>7 f"lf"l &.-00--6.22 ;--~~
Irrigation systems per each additional zone -+4-:-00 &.-QQ-5.19
Temporary/special events
Temporary platforms for public assembly, first approval ~ i "7 ""-?8.00
146
Temporary bleachers for public assembly, first approval 2-7,.00 i25.f'lf'l 25.93
orary chiller '>7 ('\('\ ! "7 ('\('\ 28 00 I .
porary generator (non-special event) '>7 ('\('\ l2 7 .f'lf'l 28.00 -· -~
struction, sales or office trailer, per unit 2-7,.00 1
"
7 .('\f'l 28.00
ry power for construction 2-7,.00 noo-28.00
porary fencing I '>7 nn U,.00..28.00 1-·~~
d Alone Permit Review Fees:
Windows, exterior doors and shutters
Installation or replacement of windows or exterior doors~ ~84.00
unit
Installation or replacement of windows or exterior doors, 2-g.:J..,.OO ~84.00
10
Installation or replacement of windows or exterior doors, 162.00 104.00
111-30 107.85
~ ~ I Installation or replacement of windows or exterior doors,
131-50
~and above (special inspector required), per each 12-7,.00 '>7 ('\('\ 28.00
additional 5 openings or part thereof
Shutters, 1-30 openings M,.OO l ~2.0('\ 44.59
Shutters, each additional 10 openings or part thereof over &.00 &.00-p.19
30
lvLurt:rrurrt
1 ;::,mrerront up to 100 square feet 162.00
Storefront, 101 to 1,000 square feet ~
Storefront, per additional 100 square feet over 1,000 2-7,.00 "7 .('\f'l 28.00
rvruvirr\:l uuirdings/structures
Moving buildings or other structures under 1,500 squart::: 1 ('\('\
~ -~~
feet 833.75
Per additional 1,500 square feet over 1,500 108.00
Concrete and paving
Concrete slabs and walkways per 1,000 square feet Q1 ('\('\ ~40.44 I---
Paving/wood deck per 1 ,000 square feet Q1 ('\('\ ~21.78 ~ -~~
Signs
Signs (AOOelectric) 108.00
112.00
Signs (nonelectric) painted 108.00 1Q8.00
112.00
147
Roofing/waterproofing
Roofing/reroofing ~ ~~
Waterproofing under 2,000 square feet ~ ~13.48
Waterproofing per each additional 1,000 square feet or part
I thereof
~ 4-9,.00--19. 7 0
Fences/walls
Fences and/or walls: Residential under 75 feet I Q ~ "" 54.96 I~ -~~
Fences and/or walls: Residential per additional 75 feet or ~ ~ ~ . "" 11 .41
part thereof
Fences and/or walls: Commercial 135.00 1~6.00
130.66
Railings, installation or replacement &1-,.00 8-1-:-00-84. 00
Awnings
Awnings, canopies and residential patio covers,each --1--JG &1-,.00 ~
square feet; single-family homes (fabric replacement no 0.00
charae
I Awnings, canopies and residential patio covers, --1--JG 108.00 108.00
SE!Uare feet; all other occupancies
AwRiR§S, GaRef)ies aREI resiEieRtial f)atie severs, easl=l ~ -1-0,.00
aEIEiitieRal 30 square feet; all eGGI::If)aRsies
I Carport awning Q1n£l 8-1-:-00-84. 00 ....-·"'"'
I Pool heat pumps (new) ')7 "" ~28.00 ,-· ·--
r·uul lleat pumps (replacement) n.oo -1-&.-00--16. 59
Painting
Painting permit: Commercial 108.00 ~ Painting permit: Residential ~()Q "" 0
cal Permit Review Fees
Charging stations-Single-family residence .2.Z.,.OO ~28
Charging stations-Commercial (up to 5 units) ')7 "" ~28.00 -· ..
Charging stations-Commercial (each additional 5 units) ')7 "" ! 'J 7 _lm 28.00 --~
Mechanical Permit Review Fees
AC unit replacement (single unit): Commercial under 2,000 i ')7 "" .?~a~
CFM
AC unit replacement (single unit): Commercial over 2,000 •22..QO l 'JA nn_?~.96
-~~
iCFM
~ I Landscaping (residential) excludes single-family residence 192.00
I Landscaping (commercial) up to 250 square feet 192.00 1~3.00
127.55
148
Landscaping (commercial) lot size up to 10,000 square feet 378.00 326.00
338.06
Landscaping (commercial) lot size greater than 10,000 l7r::..7 nn 712.00 -·-
square feet 738.34
15-33 Up-front processing fee
t of permit review fee that covers plan review ~ 20%
15-35 Revised plans processing fee
Walk-through revisions • .2£,.00 2&.-00--25. 93
Drop-off revisions -W .:t-G-103.70
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of--------· 2012.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION --.:,...;__-----"'-""'8'--~-\ ·-_......,tt (.._t 6-+-j 1_1.._ V Cit ~ate
T:\AGENDA\2012\9-12-12\Permit Fee Revisions\Pianning Dept Fee Ordinance 2012 8-31-2012.docx
149
ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
98-94 "REFUNDS"; AND THAT PORTION OF APPENDIX A OF
THE CITY CODE BY MODIFYING INSPECTION FEES FOR
BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL
WORK, AND FOR OTHER PUBLIC WORKS DEPARTMENT
ACTIVITIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3673, for Public Works review, related to the fees for the Building Development Process; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 98 "Streets and Sidewalks", Article Ill "Excavations", Division
2 "Permit", Section 98-94 "Refunds" is hereby amended as follows:
The fees charged pursuant to this Code may be refunded by the public works
director subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the fire marshal or building official; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any
recorded inspection having been made by the department.
(2) A full refund shall be granted to a permit holder who takes out a permit
covering work outside the jurisdictional inspection area.
(3) A full refund, less the $50.00 minimum up-front permit fee and any
outside agency fees shall be granted to a permit applicant who requests a
refund in writing, provided that no plan review has commenced.
A full refund, less $100.00 or the up-front permit fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be grated to a permit applicant who requests a refund in writing,
provided that a permit has not been issued.
150
A full refund, less $100.00 or the up-front fee, whichever amount is
greater, rounded down to the nearest dollar, and any outside agency fees
shall be granted to a permit holder (to whom a permit has been issued)
who requests a refund in writing, provided:
a. That the permit holder makes a written request prior to the permit
expiration date; and
b. That a validated copy of the permit be submitted with such
request; and
c. That no work, as evidenced by any recorded inspection, has
commenced under such permit.
* * *
Section 2. That Appendix A is hereby amended as follows:
* * *
Section this Description
Code
Amount Discounted
(Effective Amount
98-( 1) Street Excavation Permit:
92
c
• 50 Lineal feet or less
• Each additional lineal foot
alk Repair Permit:
• Each additional lineal foot
(3) dewalk Construction Permit:
• 50 Lineal feet or less
• Each additional lineal foot
(4) or Resurfacing of Parkway or Shoulder Ar~::a 1
1 o, ... ,.....,it:
• 25 Lineal feet or less
• Each additional lineal foot
(5) Landscaping, per tree
(6) Landscaping, bedding
151
Oct. 1, 2012) (Effective
Oct. 1, 2011
through
Sept. 30,
~
Amount
(Effective
October 15,
2012
$360.00 I -;
362.
• Each additional lineal foot &Ml -7,.00-7.25
(8) Driveway Construction Permit, each driveway ">O'J nn
(9) Flume excavation permit, each excavation 'J'JA nrv
(1 0) Utility placement permit, poles, splice pits, manholes, 'J'JA nr 288.QQ
hand holes, catch basins, pedestals, vaults and auger 298.65
holes
• Plus, for each additional, per block on same 4--+-M 44.00-~
permit
( 11) Underground utility service connection right-of-way 'J':2A nr ~88.QQ
excavation permit, each water, gas, electric, ~~ ·~ I 298.65
telephone, cable, television or sanitary sewer
connection from base building line to the utility located
within the public right-of-way
(12) Groundwater monitoring wells, each well ':2':2A nf"l ~8ilQQ ~~ ·~ I
298.65
(13) Permit renewal fee: 90-day extension of permit fee 1 'J~ nr 125.0Q ·-~.~
expiration date
(14) After-the-fact permit fee. For any work described in (1)
through (12), (16) and (17) herein, performed without
' proper permits and inspections, quadruple the fees.
(15) Re-inspection fees. When additional inspection is 1 ')Q ('\( 110.0Q ·-~·
required for work previously inspected and rejected by 114.07
the Department of Public Works, a re-inspection fee
will be required, for each re-inspection
(16) Dewatering permit fee ':2an nr
(17) Blocking of right-of-way (Cranes only) NOTE: For
arterial roadways, full day permit is defined as six
hours between 9:00a.m. and 3:00p.m.
Standard review (full day permit)
• Local road ':2no nn
• Collector road A 1 'J f"'f"l 412.QQ ·-·~
427.24
• Arterial road ~1~ nn 515.QO ~ ~·~
534.05
Priority review (same day permit review)
• Local road 'J7n on 37Q.8Q
• Collector road AOA A 494.4Q
512.27
• Arterial road a1 o nr 618.QQ
Consecutive multi-day additional fee (per day)
Partial day permit (4 hours or less)
• Local road 1~A nn
~ ·~
• Collector road 'Jna nn
152
213.62
· ::c,~:...ing right-of-way (all others): The greater of $0.25
per L.F. per day or $0.03 per S.F. per day)
(18) . Revocable permit
• Application fee, involving city property o 'JA&: nr 4,000.00 J
4 148.00
• Mailing fee, per address within 375 feet Q.,W '-hW0.51
(19) Coastal review 1 n'ln nri 386.00 .~~~ ~~
918.78
(20) er capacity certification letter application 1 ~.~~ nri 150.00 \ ~ ·~
98-Double fees for starting work prior to issuance of
92 permit: Any person who commences any work on a
(e) building, structure, electrical, gas, mechanical or
plumbing systems before obtaining the city's approval
or the necessary permits shall be subject to a penalty
of 1 00 percent of the required permit fee, in addition to
the required permit fees.
Re-inspection fee
• First re-inspection W,-00 W,-00 51.85
• Second and subsequent re-inspection(s) 1 nn nn 100.00
i Revised plans processing fee 2.5.,-00. 25. 9 2
Plan review and inspection fee hourly rate. The plan
review and inspection fee hourly rate is calculated at
the beginning of each fiscal year based on the
department's approved budget, overhead and indirect
costs and the resources assigned to the inspection
program.
utJ-11 ont processing fee: Percent of estimated public 2Q.% 20% I
I works permit fee
Enforcement of City Code related to building permits-
cialty and stand-alone permits
ailings ~ ~26.96
scaping (residential) ~ ~-"a.
scaping (commercial) up to 250 sq. ft. I 71__jJ£ .!i ·--
ndscaping (commercial) lot size up to 10,000 s11. IL. 71__jJ£ SJ . --
ping (commercial) lot size< than 10,000 sq. ft. 71__jJ£ 7')nn 7
ication equipment enclosure .2fLO..C ~26.9 -~-~~
imming pools
imming pools/spa and fountains: Residential @.00 4M)Q 14.51
r 1,000 gallons including equipment
imming pools/spa and fountains: Residential @.00 ~22.81
1 ,001-25 000 gallons including equipment
imming pools/spa and fountains: Residential b.2__0_C! ~29.03
r 25,000 total gallons including equipment
imming pool renovation residential (no.,~~ @.00 4&.-00-15.55
ing equipment
fountains: Commercial equipment ~-51.85
imming pools/spa and fountains: Commercial W:-00-51~
onrlor 1,000 gallons each including equipment
153
f----1---
• Under 3 stories
• Over 3 stories
I Demolition
ailer, per trailer
ary power for construction
rary toilet/outhouse
Enforcement of City Code related to building traut: 1
I n~H"n"\its
• Commercial
Installation or replacement of windows and exterior
doors in all buildings, shutters, fixed glass or
storefronts:
front including windows and doors therein
ng buildings or other structures
154
~~
~~
26.00
Charging stations (commercial)
Enforcement of City Code related to plumbing pe
fees:
Plumbing permits including building, electric and
mechanical com onents
Backflow protection devices, per device
'on systems
First zone
Each additional zone
e or connections:
Water meter/sub-meter connections to water supply
system or to appliances/installations not covered by
fixtures
Wells, tanks, gas, sewer:
Drywells or discharge wells
Natural gas and liquefied petroleum, 1 unit per
Water/gas mains per 1 unit per 50 feet
Sub-meter with backflow protection system up to 5
units
Sanitary, storm, condensation drains and collector
r 1 unit er 50 feet
t of City Code related to mechanical permit
AC unit new: Residential
• 1 Unit
• 2-5 Units
AC unit new: Commercial, per unit
ith structural work
New Construction or Reconfiguration of Space
4-7-,00-17. 6 2
~25.92
~25.92
Cost per 100 square feet based on occupancy type as defined by the Florida Building Code. Samples
of occupancy types are provided for illustrative purposes only and are not inclusive of all uses within
each occupancy type. The fee is calculated based on the total square footage multiplied by the rate
per square foot, in 100 square feet intervals, as specified below
INCREMENTAL
COST PER
INCREMENTAL
OCCUPANCY TYPE 100 SQUARE
FEET (Effective
October 15,
201.2}
A-1, Assembly-Fixed Seating {Theater, Concert Hall)
155
0.10
0.10
Ius
uare feet above fee Ius
uare feet, above fee Ius
• From 25,001 square feet to 50,000 square feet, above fee plus
uare feet above fee Ius
uare feet
uare feet to 50,000 s uare feet, above fee Ius
uare feet above fee Ius
uare feet, above fee Ius
• From 1 ,501 square feet to 50,000 square feet, above fee plus
- , Institutional (Non-ambulatory, hospital)
uare feet, above fee plus
Ius
uare feet
• From 401 s uare feet to 20,000 s uare feet, above fee Ius
156
• From 20,001 square feet to 50,000 square feet, above fee plus {h-770.79
M Mercantile (Gas Station) Alteration/Remodelina 51.54
I M, Mercantile (Retail or Wholesale)
• Up to 1,500 square feet 4-&.--7917. 38
~ From 1 ,501 square feet to 50,000 square feet, above fee plus
ercantile (Retail or Wholesale) Alteration/Remodel ina 13.74
Residential -Transient (Boarding House, Hotel, Motel)
Up to 2,000 square feet 1~ til From 2,001 square feet to 50,000 square feet, above fee plus
Alteration/Remodelina 10.31
R-2, Residential-Permanent (Apartment, Dormitory, Timeshare) 11 • Up to 600 square feet
• From 601 square feet 30,000 square feet, above fee plus
• From 30,001 square feet to 50,000 square feet, above fee plus
R-2 Alteration/Remodelinq 1Ll1~ I
• R-3, Residential-Permanent (Dwellings, Custom Homes)
• Up to 1,500 square feet 4-aA-716.0_.1
• From 1,501 square feet to 10,000 square feet, above fee plus ~1.~
• From 10,001 square feet to 50,000 square feet, above fee plus ~ R-3 Alteration/Remodelinq
R-4, Residential -Assisted Living (6-16 persons) I
• Up to 1,500 square feet ~13.90
• From 1,501 square feet to 50,000 square feet above fee plus
Iteration/Remodel ina
S-1, Storage-Moderate Hazard (Repair Garage)
• Up to 500 square feet ~2
• From 501 square feet to 25,000 square feet, above fee plus
• From 25,001 square feet to 50,000 square feet above fee plus
S-1 Alteration/Remodeling
• Uo to 500 sauare feet 16.08
• From 501 square feet to 50 000 square feet above fee plus 6.29
S-2, Storage-Low Hazard (excluding Parking Garage)
~~ • Up to 1,000 square feet
• From 1,001 square feet to 50,000 square feet, above fee plus ~!Ul
S-2 Storaae-Low Hazard (excludina Parkina Garaae) Alteration/Remodelin 20.61
S-2, Storage -Parking Garage
• Up to 15,000 square feet ~1.7~
• From 15,001 square feet to 50,000 square feet above fee olus 0.05
S-2 Storaqe -Parkinq Garaqe Alteration/Remodelinq 1.37
Shell building < 75 feet
• Up to 7,500 square feet ~3.42
• From 7,501 square feet to 50,000 square feet, above fee plus 0.07
Shell building > 75 feet
• Up to 15,000 square feet .2....0S? 1 '::
• From 15,001 square feet to 50,000 square feet, above fee plus 0~
For any square footage over 50,000 square feet, above fee per occupancy ty
157
plus:
s
All other occupancy types, including, but not limited to: A, Assembly; B, Business;
D, Daycare; E, Educational; and M, Mercantile (department store, drug store, gas
station)
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, provision or phase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and that the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on October 15, 2012.
PASSED and ADOPTED this __ day of _______ , 2012.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
\
& FOR EXECUTION
' ---'\ \\ t {tv
ttorney 1 Dafe
T:\AGENDA\2012\9-12-12\Permit Fee Revisions\PW BLDG Ordinance Process Fees 08 31 12 v3.docx
158
RESOLUTION NO., _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
TENTATIVE BUDGETS FOR THE GENERAL, G.O. DEBT
SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, AND
INTERNAL SERVICE FUNDS FOR FISCAL YEAR 2012/13
SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON
THURSDAY, SEPTEMBER 27,2012 AT 5:01P.M.
WHEREAS, the Manager's proposed General Fund operating budget released
September 7th, 2012 was $256,975,000 and the total proposed operating budget for FY 2012/13
was $441 ,376,000 including the General Fund, General Obligation Debt Service, Enterprise Funds
and Transfers to the Redevelopment District; and
WHEREAS, the tentatively adopted General Fund budget includes $2.6 million in
employee givebacks; $932,000 in efficiencies; brings in an additional $4 million in Resort Tax
revenues to the General Fund to offset tourism-eligible expenditures, and includes modest increases
in revenues; and
WHEREAS, these decreases in expenditures in the General Fund tentatively
adopted budget are offset by additions for living wage and operating costs associated with bringing
capital projects on line, $2.1 million in various service enhancements -the majority of which was
related to Police service enhancements and Building service enhancements (due to increased
demand); and a transfer of $1.4 million to fund capital projects; and
WHEREAS, the FT FY 2012/13 proposed General Fund budget is about $20
million (8 percent) more than the FY 2006/07 budget despite pension contribution increases of $29
million during the same period, in spite of the fact that inflation from October, 2006 through June,
2012, a similar period, was approximately 15 percent; and
WHEREAS, the proposed General Fund budget included total revenue of
$256,975,000 with enhancements of $263,000 for: false alarm fees, increased Fire Transport Fees,
increased rental rates for parks & Recreation and increased ticket processing fees at the Colony
theater;
WHEREAS, the budget for Internal Service funds, which are wholly supported by
transfers from the General Fund, Enterprise Funds and the Redevelopment district, is $59,328,000,
including efficiencies of $30,000; and
WHEREAS, the proposed Enterprise Fund budgets totaling $161,088,000 included
potential additions and enhancements totaling $253,000 offset by efficiencies of $196,000; and
WHEREAS, the proposed budget includes a revenue increase of $12.6 million over
FY 2011/12, primarily due to personnel cost increases (although offset by employee givebacks),
increased internal services charge backs including Police liability claims and increases in debt service
for replacement of vehicles and equipment, as well as proposed service enhancements; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach hereby
adopts tentative budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise,
and Internal Service Funds for Fiscal Year 2012/13 as summarized and listed below, subject to a
second public hearing scheduled at 5:01 P.M., Thursday, September 27, 2012.
159
Agenda Item R 7 lt2
Date ~12 -/l-
Revenue Summary
by Fund and Major Category
G.O. DEBT INTERNAL
REVENUES GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE
GENERAL OPERATING REVENUES
Ad Valorem Taxes $ 102,042,000 $ 102,042,000
Af Valorem -South Pointe Costs 10,850,000 10,850,000
Ad Valorem -Capital Renewal & Repl. 1,825,000 1,825,000
Ad Valorem Taxes-Nonnandy Shores 129,000 129,000
Other Taxes 24,023,000 24,023,000
Licenses and Pennits 20,328,000 20,328,000
Intergovernmental 9,827,000 9,827,000
Charges for Services 10,668,000 10,668,000
Fines and Forfeits 2,199,000 2,199,000
Interest 2,983,000 2,983,000
Rents and Leases 6,464,000 6,464,000
Miscellaneous 11,830,000 11,830,000
Other-Resort Tax Contribution 39,497,000 39,497,000
Reserves-Buildiing Dept Operations 1,500,000 1,500,000
Prior Year Set Aside for Pension Credit 2,210,000 2,210,000
FY 09 Surplus Set Aside 3,400,000 3,400,000
Prior Year Surplus From Parking Op Fund 7,200,000 7,200,000
Sub-total $ 256,975,000 $ 256,975,000
G.O. DEBT SERVICE FUND
Ad Valorem Taxes $ 5,630,047 $ 5,630,047
Other $ 297,953 $ 297,953
Sub-total $ 5,928,000 $ 5,928,000
FUND TOTAL $ 256,975,000 $ 5,928,000 $ 262,903,000
RDA FUND-City TIF only
AD VALOREM TAXES
Property Taxes-RDA City Center (net) $ 17,385,000 $ 17,385,000
FUND TOTAL $ 17,385,000 $ 17,385,000
ENTERPRISE FUNDS
Convention Center $ 12,702,000 $ 12,702,000
Parking 47,657,000 $ 47,657,000
Sanitation 17,302,000 $ 17,302,000
Sewer Operations 37,465,000 $ 37,465,000
Stann Water 11,926,000 $ 11,926,000
Water Operations 34,036,000 $ 34,036,000
FUND TOTAL $ 161,088,000 $ 161,088,000
INTERNAL SERVICE FUNDS
Central Services $ 906,000
Fleet Management 9,700,000
lnfonnation Technology 16,366,000
Property Management 8,862,000
Risk Management 23,494,000
FUND TOTAL $ 59,328,000
TOTAL ALL FUNDS ~ 256,975,000 ~ 5,928,000 $ 17,385,000 ~ 161,088,000 $ 441,376,000 ~ 59,328,000
160
TOTAL EXPENDITURES BY FUND AND DEPARTMENT
Fiscal Year 2012/13
G.O. DEBT INTERNAL
FUNCTION/DEPARTMENT GENERAL SERVICE RDA ENTERPRISE TOTALS SERVICE
MAYOR & COMMISSION $1,659,000 $1,659,000
ADMINISTRATIVE SUPPORT SERVICES $14,311,000
CITY MANAGER 2,334,000
Communications 899,000
BUDGET & PERFORMANCE IMPROV 2,180,000
FINANCE 4,465,000
Procurement 1,073,000
Information Technology 16,366,000
HUMAN RESOURCES/LABOR RELATIONS 1,844,000
Risk Management 23,494,000
CITY CLERK 1,516,000
Central Services 906,000
CITY ATTORNEY 4,357,000 $4,357,000
ECONOMIC DEV. & CULTURAL ARTS $31,777,434
Economic Development
REAL ESTATE, HOUSING & COMM. DEV. 1,057,007
Homeless Services 995,427
BUILDING 11,057,000
PLANNING 3,452,000
Cultural Arts
TOURISM & CULTURAL DEV 2,514,000
CONVENTION CENTER 12,702,000
OPERATIONS $193,902,566
CODE COMPLIANCE 4,662,000
COMMUNITY SERVICES 464,566
PARKS & RECREATION 28,921,000
PUBLIC WORKS 6,582,000
Property Management 8,862,000
Sanitation 17,302,000
Sewer 37,465,000
Stormwater 11,926,000
Water 34,036,000
CAPITAL IMPROVEMENT PROJECTS 4,887,000
PARKING 47,657,000
FLEET MANAGEMENT 9,700,000
PUBLIC SAFETY $159,651,000
POLICE 96,376,000
FIRE 63,275,000
CITYWIDE ACCOUNTS $10,006,000
CITYWIDE ACCTS-Normandy Shores 187,292
CITYWIDE ACCTS-Operating Contingency 1,000,000
CITYWIDE ACCTS-Other 8,818,708
Transfers $3,140,000
Capital Investment Upkeep Fund 219,000
Info & Comm Technology Fund 395,000
Pay-as-you-go Capital 1,400,000
Reserve for Future Budgets 1,126,000
CAPITAL RENEWAL & REPLACEMENT 1,859,000 $1,859,000
G.O. DEBT SERVICE 5,928,000 $5,928,000
Employee Givebacks (2,600,000) ($2,600,000)
RDA-City TIF Transfer only
City Center 17,385,000 17,385,000
TOTAL· ALL FUNDS $256,975,000 $5,928,000 $17,385,000 $161,088,000 $441,376,000 $59,328,000
161
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
CITY CLERK
162
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~ ... d -I
Date
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK, SUBJECT TO FINAL REVIEW BY THE CITY
ATTORNEY'S OFFICE AND PUBLIC WORKS DEPARTMENT, TO EXECUTE
A GRANT OF EASEMENT FOR AIR RIGHTS WITH CG TIDES, LLC, CG
TIDES VILLAGE, LLC, AND CG TIDES VILLAGE I, LLC, FOR A PROPOSED
ELEVATED PEDESTRIAN BRIDGE SPANNING THE 20-FOOT PUBLIC
RIGHT-OF-WAY OF OCEAN COURT (AT A WIDTH OF 9'1", WITH A
MINIMUM VERTICAL HEIGHT OF 16 FEET ABOVE OCEAN COURT).
WHEREAS, CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC,
(collectively, Grantee) are the owners of the 8-story Tides Hotel at 1220 Ocean Drive; a surface
parking lot at 1201 Collins Avenue; the 3-story Molbar Building at 1221 Collins Avenue; and the
2-story Splendor Building at 1225 Collins Avenue (collectively, the Properties); and
WHEREAS, Grantee received approval from the City's Historic Preservation Board
(HPB), pursuant to HPB Order No. 5477, to redevelop the Properties; and
WHEREAS, Grantee wishes to unify the Properties by installing an elevated pedestrian
bridge across the Ocean Court right-of-way, located at the second level of the Tides Hotel, to
connect to the second level of the rear of an approved addition to the Mol bar Building; and
WHEREAS, the pedestrian bridge is proposed to be 16 feet above ground-level, with a
width of 9 feet 1 inch (9'1"); and
WHEREAS, at its regular meeting on April 10, 2012, the HPB, pursuant to HPB Order
No. 7303, approved the proposed pedestrian bridge; and
WHEREAS, the request to construct, operate, and maintain the pedestrian bridge over
the Ocean Court right-of-way was initially submitted to the City by Grantee as a request for a
Revocable Permit; and
WHEREAS, at the June 6, 2012 City Commission Meeting, the City Commission
considered the Grantee's request, but determined that, due to the semi-permanent nature of the
structure, it would be more appropriate to consider the request as a grant of an air rights
easement by the City (i.e. granting Grantee an easement for ingress, egress, transport, use,
installation, maintenance, and repair over the Ocean Court right-of-way for the pedestrian
bridge); and
WHEREAS, at the same Commission Meeting, this matter was also referred to the Land
Use and Development Committee; and
WHEREAS, in addition to consideration of the grant of easement for the pedestrian
bridge, the City Commission also requested that the Committee develop administrative policies
and procedures for future grants by the City of similar aerial, as well as subsurface, easements
involving the long term use/occupancy of public property (i.e., for purposes other than installing
and/or maintaining utilities); and
Agenda Item B 1 E.
163 Date q-tz.-1 Z-
WHEREAS, at its June 13, 2012 meeting, the Land Use and Development Committee
recommended that the City Commission set a public hearing to consider the granting of an
easement for air rights, based on the Grantee's request; and
WHEREAS, at its July 18, 2012 meeting, the City Commission approved Resolution No.
2012-27950, setting a public hearing to consider Grantee's request; and
WHEREAS, City staff was also directed to obtain an appraisal of the proposed easement
area; the appraised value is $75,000, and shall be paid by Grantee concurrent with its execution of
the Grant of Easement for Air Rights Agreement; and
WHEREAS, following a public hearing on September 12, 2012 to hear public comment on
Grantee's easement request, the City Administration would recommend that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute the Grant of Easement for
Air Rights with Grantor, subject to final review of the Agreement by the City Attorney's Office and
Public Works Department prior to execution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk, subject to final review by the City Attorney's
Office and Public Works Department, to execute a Grant of Easement for Air Rights with CG
Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC, for a proposed elevated
pedestrian bridge spanning the 20-foot public right-of-way of Ocean Court (at a width of 9'1"
with a minimum vertical height of 16 feet above Ocean Court).
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOA EXECUTION
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1220 Ocean Drive-RESO.docx
164
This Instrument Prepared By,
and After Recording, Return To:
Gary M. Held, Esquire
City Attorney's Office
1700 Convention Center Dr., 4th Floor
Miami Beach, FL 33139
S REVISED DRAFT
9-10-12
Gf~ANT OF EASIDMl<~NT FOR AIR RIGHTS
This Grant of Easement for Air Rights (the Easement" or the 11 Agreement 11
) is made and entered
into as of the_____________ day of , 20 by the CITY OF MIAMI BEACH ("City"), a
municipal corporation duly organized and existing under the laws of the State of Florida, having an
address at 1700 Convention Center Drive, Miami Beach, Florida 3 313 9 (11 Grantor 11
), in favor of
CO TIDES, LLC, a Florida Limited Liability Company, having an address at 3200 Stirling Road,
Hollywood, Florida 33021; TIDES VILLAGE, LLC, a Florida Limited Liability Company,
having an address at 3200 Road, Hollywood, Florida 33021; and CG TIDES VILLAGE I,
LLC, a Florida Limited Liability Company, having an address at 3200 Stirling Road, Hollywood,
Florida 33021 (collectively 11 Grantee 11
).
RECITALS
A. Grantee is the fee owner the Tides Hotel (1220 Ocean Drive) and the
Village (1201, 1221 and 1225 Collins Avenue) and the real property on which they are located,
which property is legally described on Exhibit "A" attached hereto and made a part hereof
(the 11 Hotel Prope1ty 11
). •
B. The right-of-way of Court located between the Tides Hotel and the
Village as legally described in Exhibit "B" hereto and made a part hereof, was dedicated
by plat to Grantor as a public right of way; this dedication also includes the air rights over the
Ocean Court right-of-way (hereinafter, the rights over the Ocean Court right of way are
hereinafter referred to as the "Easement Area").
its regular meeting on , the City's Historic Preservation Board (HPB),
pursmmt to HPB Order No. attached hereto and made a part hereof as Exhibit "C",
approved the installation by of an elevated pedestrian bridge located 16 feet above the
smface of the Ocean Court right of way (that within the Area), for the purpose
connecting the second floor levels of the Tides and the Tides Village (the "Pedestrian
Bridge").
D. Grantor has agreed to grant an easement to Grantee for the sole purpose of ingress,
egress, transport, installation, maintenance, and repair across, over th'rough the Easement
Area, as may be required by Grantee connection with its operation and use of the Pedestrian
Bridge.
165
CITY'S REVISED DRAFT
9-10-12
E. Grantee shall bear any and all costs of installation, maintenance, utilities,
replacements, repairs, taxes, insurance and any and other costs and expenses involved in its
operation and use of the Pedestrian Bridge (the 11 0perating Costs 11
).
F. · As additional consideration for grant of Easement, Grantee shall also pay a
one-time contribution to Grantor, in the amount of seventy five thousand and 00/100 dollars
($75,000), to be used by Grantor toward the designed construction of a "Green Alley" (as
hereinafter defined) for the portion of Ocean Court from the north side of 12th Street to the northern
boundary of the Tides Hotel.
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the
parties hereto agree as follows:
1. The above recitals are true and correct and by this reference are
incorporated as if fully set forth herein.
2. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its
successors and assigns and its agents, employees and invitees, an easement over, across, and
through the Easement Area solely for ingress, egress, transport, use, installation, operation,
maintenance, replacement, and repair of the Pedestrian Bridge. Hereafter, unless specified to the
contrary, use of the term "Pedestrian Bridge" shall include the electrical and utility connections
and associated equipment for proper operation of the Pedestrian Bridge, including lighting and fire
sprinkler systems. The surface of the Ocean Court right of way, up to a height of 16 feet, will at
all times remain unobstructed for its continued use by Grantor and the public as a dedicated public
right of way (which uses shall include, without limitation, pedestrian and vehicular activity).
Grantee shall exercise its easement rights hereunder without interfering with the continued use of
the Ocean Court right of way by Grantor and/or the public as a dedicated public right of way.
3. Green Alley Contribution. As further consideration and inducement Grantor's
grant of this Easement, Grantee shall pay to Grantor, concurrent with its execution of this
Agreement, a one-time contribution, in the amount of $75,000. Said contribution shall be used by
Grantor, in its sole and reasonable discretion and as it deems necessary, toward the designed
construction of a "green alley" for the portion of Ocean Court from the north side of lih Street, to
the northern boundary of the Tides Fiotel property ("Green Alley"). Grantor shall be solely
responsible for, and shall have sole discretion to determine the means, manner, and methods of
design and construction of the Green Alley.
4. Maintenance. Grantee agrees to install, use, operate, maintain, repair and replace
the Pedestrian Bridge, or necessary portions thereof, so that same is at all times in good working
order and condition and free of material defects, subject only to occasional interruption of service
due to (i) ordinary wear and tear and use thereof; (ii) routine or extraordinary maintenance, repair
or replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right
to select the contractor( s) of its choice in connection with all aspects of installation, maintenance,
repair, and replacement of the Pedestrian Bridge; provided, however, that all agreements with such
contractor(s) shall be bona-fide, arms-length agreements for services at usual and customary rates
and shall be subject to the prior approval of Grantor, which approval shall not be unreasonably
withheld. After completion of any work by Grantee, Grantee shall, at its sole cost and expense,
immediately restore the roadway surface of the Ocean Court right of way to the condition in which
it existed immediately prior to the performance of such work (the cost of which shall be included
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in Operating Costs).
CITY'S REVISED DRAFT
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The Grantor may maintain, repair and· replace necessary portions of the surface of the
Ocean Court right of way and/or utilities and other easements on, above or below the right of way,
as it deems necessary, in its sole and reasonable discretion. In the event that the Pedestrian
Bridge is damaged during any such maintenance, repair or replacement, the Grantor shall work
with the Grantee to make all necessary repairs to the Pedestrian Bridge at Grantor's sole expense.
Grantee shall use best efforts to: (a) avoid causing damage to or unreasonable interference
with the Ocean Court right of way; and (b) minimize any disruption or inconvenience to Grantor
and the public in their use of Ocean Court as a dedicated public right of way.
5. Payment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be
responsible for any and all Operating Costs ofthe Pedestrian Bridge. Grantor shall be responsible
for any costs associated with damage to the Pedestrian Bridge resulting from Grantor's
maintenance, repair or replacement of portions ofthe Ocean Court right of way or utilities or other
easements in the right of way.
6. Term. The term of this Easement shall be perpetual1..mless terminated by the parties
in a writing executed by both. This Easement shall not merge with any deed to the Hotel Property or
any part thereof but shall survive for the tenn (Te1m) described herein.
7. Successors and Assigns. This Agreement shall bind, and the benefit thereof shall
inure to respective successors and assigns of the parties hereto.
8. Limitation. It is the intention of the parties hereto that this Agreement shall be
limited to and utilized for the purposes expressed herein and only for the benefit of the persons and
properties named herein. The roadway surface of the Easement Area shall continue to be used for
appropriate pedestrian and vehicular activity, except as necessary during times of installation,
maintenance, repair or replacement of the Pedestrian Bridge by Grantee, or maintenance, repair or
replacement of the surface of the Easement Area or utilities or other easements in the Easement
Area by Grantor. ·
9.
A Grantee shall indemnify and hold harmless Grantor, its officers and employees,
from any costs, liabilities, claims, losses, and damages (including, without limitation, reasonable
attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is
instituted or not, relating to death of or injury to persons, or loss of or damage to property,
resulting from, arising out of, or incurred in connection with the existence and use of the easement
and the easement area by Grantee, and/or its officials, employees, contractors, and agents; and
including, but not limited to, any violation by the Grantee, and/or its officials, employees,
contractors, and agents, of any laws, rules, regulations or ordinances regarding hazardous
materials, hazardous wastes, hazardous substances, solid waste, or pollution, whether now existing
or hereafter enacted or promulgated, as they may be amended from time to time (11 Environmental
Laws 11
); any presence, release, or threat of release of hazardous materials, hazardous wastes,
hazardous substances, solid waste or pollution at, upon, under, from or within the easement area by
Grantee, and/or its officials, employees, contractors, and agents; the failure of Grantee, and/or its
officials, employees, contractors, and agents, to duly perform any obligations or actions required to
be taken under any Enviromnental Laws (including, without limitation, the imposition by any
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CITY'S RI::iVISED DRAFT
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governmental authority of any lien or so-called 11 super priority lien11 upon the easement area); any
clean-up costs; liability for personal injury or property damage or damage to the environment; and
any fines, penalties, and punitive damages, or any fines or assessments incurred by or claimed
against Grantor and arising out of the failure. of Grantee, and/or its officials, employees,
contractors, and agents, to comply with Environmental Laws in connection with the use of the
easement and the easement area by Grantee, and/or its officials, employees, contractors, and
agents.
B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to
this Section 9, defend any and all claims asserted against Grantor resulting from, arising out of, or
incurred in connection with the existence and/or use of the Easement and the Easement Area by
Grantee, and/or its officials, employees, contractors, and agents. Grantee shall be entitled to select
counsel of Grantee's choice to defend the claim; provided, however, that such counsel shall first be
approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned,
withheld, or delayed; and, provided further, that the Grantor shall be permitted, at its cost and
expense, to retain independent counsel to monitor the claim proceeding. The duty to defend set
forth in this subsection shall be severable and independent from the indemnity obligations
otherwise set forth in this Section 9, to the extent that if any other provisions and/ or subsections of
this Section 9 are deemed invftlid and/or unenforceable, this duty to defend provision shall remain
in full force and effect.
C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or Hable to Grantor, or any third parties, for any costs, liabilities, expenses, losses,
claims or damages, with respect to third party claims resulting from the gross negligence,
recklessness or willful misconduct of Grantor or its officials, employees, contractors, and agents.
D. The indemnity and defense obligations set forth in this Section 9 including, without
limitation, the provisions of its subsections, shall survive the expiration of the Tmm or any
termination of this Easement regarding any and all costs, liabilities, claims, losses, and damages
(including, without limitation, reasonable attorneys' and disbursements at the trial level and
all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or
loss of or damage to property, resulting from, arising out of, or incurred in connection with the
existence and use of the Easement and the Easement Area by Grantee and/or its officials,
employees, contractors, and/or agents.
10. Default.
A. Default by Grantee. In the event of a default by Grantee in the maintenance,
operation or repair of the Pedestrian Bridge, Grantor shall give vvdtten notice to Grantee,
specifying the nature of such default. Grantee shall have a period ten (1 0) days following receipt of
said notice in which to remedy the default (or such longer time as may be necessary and
reasonable, provided Grantee shall have commenced a cure within said 1 0-day period and is
diligently and continuously prosecuting same); failing which Grantor shall have the right to enter
upon the Easement Area, for the limited purpose of effecting the required repair or maintenance of
the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an
emergency situatio11 arises constituting an unsafe or lmsanitary condition, the period for cure of
such default shaH be accelerated to be a period of time which is reasonable in light of the nature of
the emergency. All costs incident to curing a default by Grantee under this subsection A shall be
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CITY'S REVISED DRAFT
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the sole responsibility and obligation of, and accordingly, shall be borne by, the Grantee.
B. Default by Grantor. In the event of a default by Grantor in the repair of the
Pedestrian Bridge resulting from damage caused by Grantor to the Pedestrian Bridge pursuant to
Grantor's activities under Section 3 hereof, Grantee shall give written notice to Grantor, specifying
the nature of such default. Grantor shall have a period often (1 0) days following receipt of said
notice in which to remedy the default (or such longer time as may be necessary and reasonable,
provided Grantor shall have commenced a cure within said 1 0-day period and is diligently
prosecuting same), failing which Grantee shall have the right to effectuate the required repair of the
Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an
emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of
such default shall be accelerated to be a period of time which is reasonable in light of the nature of
the emergency. AU costs incident to repair of the Pedestrian Bridge shall be borne by the Grantor.
11. Enforcement. In the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Agreement, the prevailing party in such litigation shall recover
from the other party all costs and expenses inculTed or expended in connection therewith,
including, without limitation, reasonable attorneys' fees and costs, at all levels.
12. Venue; Jurisdiction. This Agreement shall be governed and construed in all
respects in accordance with the laws of the State of Florida, without regard to its conflict of laws
provisions. Further, all parties hereto agree to avail themselves of and submit to the personal
jurisdiction of the Courts of the State of Florida in Miami~Dade County.
13. Interpretation. No provision of this Agreement will be interpreted in favor of, or
against, any of the parties hereto by reason of the extent to which any such party or its cmmsel
participated in the drafting thereof or by reason of the extent to which any such provision is
inconsistent with any prior draft hereof or thereof.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which, taken together, shall constitute a single
document.
15. Notices. All notices, demands, requests or other communications required or
permitted to be given hereunder shall be deemed delivered and received upon actual receipt or
refusal to receive same, and shall be made by United States certified or registet·ed mail, return
receipt requested or by hand delivery, and shall be addressed to the respective parties at the
addresses set forth in the preamble to this Agreement.
16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto relating in any manner to the subject matter ofthis Agreement. No prior agreement
or understanding pertaining to same shall be valid or of any force or effect, and the covenants and
agreements herein contained cannot be altered, changed or supplemented except in writing and
signed by the parties hereto.
17. Severability. If any clause or provision of this Agreement is deemed illegal, invalid
or unenforceable under present or future laws effective during the term hereof, then the validity of
the remainder of this Agreement shall not be affected thereby and shall be legal, valid and
enforceable.
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169
CITY'S REVISED DRAFT
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IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the· date and year first set fmih above.
Signed, sealed and delivered
in the presence of:
Print
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTOR:
CITY OF MIAMI BEACH, a Florida
municipal corporation
The foregoing instrument was acknowledged before me this day
2012, by ·-, as of the City of
Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who is
personally known to me or has produced a driver's license as identification.
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorney Date
170
6
Print or Stamp N arne:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
CITY'S REVISED DRAFT
9-10-12
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the date and year :first set forth above.
Signed, sealed and delivered
in the presence of:
STATEOFFLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTEE:
CG TIDES, LLC,
a Florida Limited Liability Company
The foregoing instrument was acknowledged before me this ·~--day of _____ ,
2012, by-·--------·---' a.<> CG Tides,
LLC, a Florida Limited Liability Company on behalf of such corporation, who is personally known
to me or has produced a---· driver's license as identification.
7
171
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
CITY'S REVISED DRAFT
9-10-12
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
STATEOFFLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTEE:
TIDES LLC,
a Florida Limited Liability Company
The foregoing instrument was acknowl~dged before me this day
2012, by as of CG Tides
Village, LLC, a Florida Limited Liability Company on behalf of such corporation, who is personally
known to me or has produced a driver's license as identification.
8
172
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires: ,
CITY'S REVISED DRAFT
9-10-12
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTEE:
CG TIDES Vll_,LAGE I, LLC,
a Florida Limited Liability Company
The foregoing instrument was acknowledged before me this ___ day
2012, by , as----------of CG Tides
Village I, LLC, a Florida Limited Liability Company on of such corporation, who is
personally known to me or has produced --------driver's license as identification,
9
173
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
EXHIBIT "A"
Hotel Property
10
174
CITY'S REVISED DRAFT
9-10-12
EXHIBlT "B"
Easement Area
11
175
CITY'S REVISED DRAFT
9-10-12
NTI
176
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO
BAN TEXTING WHILE DRIVING.
WHEREAS, the City of Miami Beach holds the health and safety of its young
adults as a chief concern; and
WHEREAS, text messaging is the main mode of communication for most
American teenagers with nearly half of all teens sending between 21 and 1 00 texts a
day; and
WHEREAS, 90% of all American teenagers expect a reply to a text message
within five minutes; and
WHEREAS, texting takes one's eyes of the road for an ayerage of five seconds;
and
WHEREAS, in an AT&T survey, 43% of American teenage drivers admitted to
texting while driving even though 97% know it is dangerous; and
WHEREAS, a Virginia Tech study showed those who send text messages while
driving are 23 times more likely to crash; and
WHEREAS, a driver that sends a text message while driving not only jeopardizes
his or her safely, but also the safety of passengers, pedestrians, and other drivers,
NOW, THEREFORE, BE IT DULY RESOLVED THAT the City of Miami Beach
strongly urges the Florida Legislature to ban texting while driving.
PASSED AND ADOPTED this_ day of September, 2012.
ATTEST:
Rafael Granado
City Clerk
F :lA TTO\ TU RN\RESOS\texti ng-d riving .do ex
Matti Herrera Bower
Mayor
177
APPROVED AS TO
FORM & LANGUAGE
& R EXECUTION
Agenda Item Rq l
Date 'l-IJ-J2
K
178