20150610 SM1r9r5.2015
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 10,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Com missioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visft us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City CIerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Gode
sections. Gopies 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
C7 - Resolutions
C7L A Resolution Authorizing The Mayor And The City Commission To Approve The Second
Amended And Restated lnterlocal Agreement With Miami-Dade County For The City's Use Of
The County's Solid Waste Management System.
(Public Works)
(Memorandum & Resolution)
1
Supplemental Agenda, June 10, 2015
R5 - Ordinances
R5J RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore Open
Space Park (NSOSP)
1. RM-2 Chapler 142 Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The City Code Chapter 142, "Zoning Districts And Regulations,"
Article ll, "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision lV,
"RM-2 Residential Multifamily, Medium lntensity," At Sections 142-215, "Prohibited Uses," And
142-218, "Setback Requirements," ln Order To Permit Outdoor Bar Counters As Accessory
Uses ln Oceanfront Hotels ln The RM-2 District; Allowing ForThe Modification Of lnteriorSide
Setback Requirements For Drives Or Sidewalks; Providing Access Between Parcels ln The
RM-2 District; Modifying The lnteriorSide TowerSetback Requirements ForOceanfront RM-2
Parcels Within 250 Feet Of North Shore Open Space Park; By Amending Chapler 142,
"Zoning Districts And Regulations," Article lV, "Supplementary District Regulations," Division 3
"Accessory Uses," At Section 142-902, "Permitted Accessory Uses," To Permit Neighborhood
lmpact Establishments, As Conditional Uses For Oceanfront Hotels ln The RM-2 District,
Within 250 Feet Of North Shore Open Space Park; Providing For Codification; Repealer;
Severability; And An Effective Date. 5:03 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning )
(Continued from April 15,2015 - Rsl1)
(Memorandum from Gommissioner Deede Weithorn Withdrawing the !tem)
R7 - Resolutions
R7P A Resolution Accepting A Utility Easement From Aqua Master Association, lnc., Owner Of The
Property Located At 201 Aqua Avenue, For The Construction, lnstallation, Maintenance, Repair, And
Replacement Of Water Mains; And FurtherAuthorizing The Administration And CityAttorney's Office
To Finalize A Grant Of Easement Agreement, ln Substantially The Form As Exhibit "A" Attached
Hereto.
(Public Works)
(Memorandum & Resolution)
R9 - New Business and Commission Requests
RgQ Discussion Of Proposed Ordinance To Make The Misdemeanor Acts Of Possession Of Cannabis
(Marijuana) And Drug Paraphenilia Eligible For Civil Violations And Penalties Under The City Code.
(Sponsored by Mayor Philip Levine)
(Ordinance)
2
lmprove Cleanliness
Supporting Data (Surveys, Environmental Scan, etc.): N/A
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Authorizing The
Mayor And The City Commission To Approve The Second Amended And Restated lnterlocal Agreement
With Miami-Dade Countv For The Citv's Use Of The Countv's Solid Waste
lntended Outcome
AGEMDA irEM C7 L
Item Summary/Recommendation :
Municipalities that desire to use Miami-Dade County's Solid Waste Management System for their waste
disposal needs by entering into a longterm lnterlocal Agreement with the County.
On November 21,1995, the Mayor and City Commission adopted Resolution No. 95-21819 which
retroactively approved the lnterlocal Agreement with Miami Dade County for the City's use of the County's
Solid Waste Management System. The current lnterlocal Agreement will expire on October 1,2015.
On March 5,2013, the Board of County Commissioners adopted County Resolution No. R-167-13, which
approved the Second Amended and Restated lnterlocal Agreement between the County and "contract
Cities" (which, among others, includes the City of Miami Beach) for use of the County Solid Waste
Management System (the Agreement). The term of the newAgreement shall commence upon the date of
execution and shall remain in effect up to and including October 1,2032.
ANALYSIS
Based upon Article 3: Responsib ilities of the Contract City Subsection "D" of the lnterlocal Agreement; The
Contract City shall pay a disposal fee (and a transfer fee, as applicable) for each ton of MSW delivered to
the County Solid Waste Managemenf Sysfem for disposal.
Disposal and transfer fees may increase and/or decrease based upon U.S. Government Consumer Price
lndex for all urban consumers for the southeast region of the United States (ClP) for the prior period of
July 1 through June 30.
THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION APPROVE THE
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT "A''
HERETO, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
N/A
Financial lnformation :
Source of
Funds:
Amount Account
1 $286,000 435-0430-000355 Miscellaneous Expenditure
Cr@
2
3
OBPI Total $286,000
Financial lmpact Summary: Current FY expenditures are estimated at the approved budgeted
amount of $286,000. Future expenditures will be based on approved budqeted amounts.
AA}Al\AIBTACH amx 6./O-tf3
/\AIAMIBEACH
City of Miomi Beoch, 'l 200 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
TO: Mayor Philip Levine and Mq
COMMISSION MEMORANDUM
bers of the City Commission
ager
DATE: June 10,2015 lt.THE MAYOR AND CITY COMMISSION OF THE CITY
COMMISSION TO APPROVE THE SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT WITH MIAMI.DADE GOUNTY FOR THE CITY'S
CONTINUED USE OF THE COUNTY'S SOLID WASTE MANAGEMENT
SYSTEM.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUND!NG
$286,000 435-0430-000355-MiscellaneousExpenditures
Current FY expenditures are estimated at the approved budgeted amount of $286,000.
Future expenditures will be based on approved budgeted amounts.
BACKGROUND
Municipalities that desire to use Miami-Dade County's Solid Waste Management System for
their waste disposal needs by entering into a longterm lnterlocal Agreement with the
County.
On November 21 ,1 995, the Mayor and City Commission adopted Resolution No. 95-21819
which retroactively approved the lnterlocal Agreement with Miami Dade County for the City's
use of the County's Solid Waste Management System. The current lnterlocal Agreement
will expire on October 1,2015.
On March 5,2013, the Board of County Commissioners adopted County Resolution No. R-
167-13, which approved the Second Amended and Restated lnterlocalAgreement between
the County and "contract Cities" (which, among others, includes the City of Miami Beach) for
use of the County Solid Waste Management System (the Agreement). The term of the new
Agreement shall commence upon the date of execution and shall remain in effect up to and
including October 1, 2032.
ANALYSIS
Based upon Article 3: Responsibilities of the Contract C/y Subsection "D" of the lnterlocal
Agreement;The Contract City shall pay a disposa/ fee (and a transferfee, as applicable) for
each ton of MSW delivered to the County Solid Waste Management System for disposal.
4
June 10, 2015
Commission Memorandum - lnterlocal Agreement MDC
Page 2 of 2
Disposal and transfer fees may increase and/or decrease based upon U.S. Government
Consumer Price lndex for all urban consumers for the southeast region of the United States
(ClP) for the prior period of July 1 through June 30.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Second
Amended and Restated InterlocalAgreement, attached as exhibit "A" hereto, and authorize
the Mayor and City Clerk to execute the Agreement.
JM/MT/ETCIJJFITC
T:\AGENDA\20'l5Uune\PUBLIC WORKS\lnterlocal Agreement Commission Memo May 2015.doc
5
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY GOMMISSION TO APPROVETHE SECOND AMENDED AND RESTATED INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNry FOR THE C!ry'S USE OF
THE COUNTY'S SOLID WASTE MANAGEMENT SYSTEM.
WHEREAS, municipalities that desire to use Miami-Dade County's Solid Waste
Management System for their waste disposal needs by entering into a long-term
lnterlocalAgreement with the County; and
WHEREAS, on November 21, 1995, the Mayor and City Commission adopted
Resolution No. 95-21819 which retroactively approved the lnterlocal Agreement with
Miami Dade County for the City's use of the County's Solid Waste Management System;
and
WHEREAS, the current lnterlocal Agreement will expire on October 1,2015; and
WHEREAS, on March 5, 2013, the Board of County Commissioners adopted
County Resolution No. R-167-13, which approved the Second Amended and Restated
lnterlocal Agreement between the County and "Contract Cities" (which, among others,
includes the City of Miami Beach) for use of the County Solid Waste Management
System (the Agreement); and
WHEREAS, the term of the new Agreement shall commence upon the date of
execution and shall remain in effect up to and including October 1,2032; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve the Second Amended and Restated lnterlocal Agreement,
attached as exhibit "A" hereto, and authorize the Mayor and City Clerk to execute the
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby, approve and authorize the Mayor and City Commission to approve
the Second Amended and Restated lnterlocal Agreement with Miami-Dade County for
the City's use of the County's Solid Waste Management System.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
L_ 1.5
4
Date
City Attorney Date
Philip Levine, Mayor
6
Page 1
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN
MIAMI.DADE COUNTY AND CONTRACT CITIES FOR USE OF THE COUNTY
SOLID WASTE MANAGEMENT SYSTEM
This Interlocal Agreement ("Agreement") is made and entered into this _ day of@ ;33^-,, Jr'"T*,f 'ffi mffi ,.; :ry in HiiT:'Sffi ffi
hereinafter referred to as Contract City, to provide for use of the County Solid Waste
Management System by the Contract City for its municipal solid waste disposal and
transfer needs.
BACKGROUND RECITALS
Whereas, the Miami-Dade County Board of County Commissioners (the "Board")
hereby finds and declares that it is necessary to the health, safety and welfare of the citizens
of Miami-Dade County to provide for municipal solid waste disposal and management
facilities and services; and
Whereas, the County desires to maximize the use of its Resources Recovery facility
processes and to extend the life of its landfills; and
Whereas, the Contract City desires to use the County Solid Waste Management
System for its municipal solid waste disposal needs (and transfer needs, as applicable), at an
agreed-upon disposal fee rate (and transfer fee rate as applicable); and
Whereas, the Contract City desires to use the County Solid Waste Management
System to satisfy Concurrency requirements of the Local Govemment Comprehensive
Planning and Land Development Regulation Act (Chapter 163, Part II, F.S.) only as it
applies to disposal capacity for municipal solid waste the Contract City collects for
disposal and which is committed to the County for disposal in the County Solid Waste
Management System in accordance with this Agreement, and actually disposed of therein;
and
Whereas, the County and the Contract City desire to formalize their relationship
regarding municipal solid waste disposal responsibilities consistent with the provisions of
Section 403.7 06, Florida Statutes.
Whereas, the amended agreement as stated herein shall be available to all
municipalities.
NOW THEREFORE, in consideration of the foregoing premises, and the mutual
considerations contained herein, the parties hereto, intending to be legally bound, do hereby
agree as follows:
County Resolution No. R-167-13
EXHIBITt 'An
Contract City Resolution No.
7
Page 2
DEFINITIONS
For the purposes of this Agreement, the following capitalized words and phrases shall be
given the following respective meanings:
Board - the Miami-Dade County Board of County Commissroners.
Change in Law - after the date of execution of this Agreement, (a) the adoption,
promulgation, issuance, modification, or change in interpretation of any federal, state or
local law, regulation, rule, requirement, ruling or ordinance, of the United States or any state
or territory thereof, unless (i) such law, regulation, rule, requirement, ruling or ordinance
was on or prior to such date duly adopted, promulgated, issued or otherwise officially
modified or changed in interpretation, in each case in final form, to become effective
without any further action by any govemmental entity or official having jurisdiction,
(provided, that it shall not constitute a Change in Law if an administrative regulation existed
on the date of execution of this Agreement in temporary or proposed form and was treated
as generally applicable to transactions of the type contemplated hereby), or (ii) compliance
with such law, regulation, rule requirement, ruling or ordinance was provided for in the
Agreement; (b) the issuance of an order and/or judgment of any governmental entity or
official having jurisdiction, to the extent such order and/or judgment constitutes a reversal of
a prior applicable order and/or judgment, or an overturning of prior administrative policy or
judicial precedent; or (c) the suspension, termination, interruption or failure of renewal of
any permit, license, consent, authorization or approval essential to the acquisition, design,
construction, equipping, start-up, operation, ownership or possession of the County Solid
Waste Management System facilities or the facilities sites, to the extent such suspension,
termination, intemrption or failure of renewal is not caused by any action or inaction of the
County or its contractors (provided that, for the purposes of determining whether a
suspension, termination, interruption or failure of renewal was so caused, any reason or
finding set forth in writing by the agency responsible for issuance of such permit, license,
consent, authorization or approval shall be accorded the rebuttal presumption of accuracy),
provided that no change in tax law, change to the Internal Revenue Code of 1954 effected by
the Tax Reform Act of 1986 (to the extent applicable on the date of this Agreement),
change in foreign law, change in law which adversely affects the County's legal rights as a
licensee, grantee, owner, or user of any patent or other "know-how" in respect of proprietary
technology intended to be utilized by it in performing its obligations under this Agreement
shall constitute a change in law for any purposes of this Agreement.
Concurrency - provision of certain public facilities specified in the State of Florida Local
Government Comprehensive Planning and Land Development Regulation Act ("the Act")
(specifically, Chapter 163, Part II, Section 163.3180 F.S.) by (a) county (ies), or (a)
municipality (ies) or a combination thereof, at a specified level-of-service stated in the
Capital Improvements Element of the comprehensive plan for the applicable jurisdiction(s),
adopted pursuant to the Act.
County Resolution No. R-l67-13
Contract City Resolution No.
8
Page 3
Contract Cities - a municipal corporation or corporations existing under the laws of the
State of Florida, that enter into this Agreement with the County. For the purpose of this
Agreement, the unincorporated areas of Miami-Dade County as geographically configured
on February 16,1996 shall be considered a Contract City.
County - Miami-Dade County, Florida by and through its Board of County Commissioners.
County Disposal Fee - the fee charged to dispose of municipal solid waste or solid waste at
County-owned disposal facilities or facilities operated under contract with the County for
municipal solid waste or solid waste disposal.
County Solid Waste Management System - The aggregate of those solid waste
management facilities owned by or operated under contract with Miami-Dade County,
which shall include the North Dade Landfill (21500 NW 47th Avenue), South Dade Landfill
(23707 SW 97th Avenue), Resources Recovery Facility (6990 NW 97th Avenue), Waste
Management of Florida, Inc. Landfill in the City of Medley, Florida (9350 NW 89th
Avenue), Northeast Transfer Station (18701 NE 6th Avenue), Central Transfer Station (1150
NW 20th Street) and West Transfer Station (2900 SW 72'd Avenue), and other such facilities
as may be added to or deleted from this listing from time to time, by the County Mayor at
his/her sole discretion. Such additions or deletions may be made by use of an attachment
hereto without need for formal amendment to this Agreement.
Director - the Director of the Public Works and Waste Management Department or his/her
designee.
Exclusive Franchise or License - (a) contract(s) between a Contract City and a (limited
number o0 third party contractor(s) for the right and privilege to collect municipal solid
waste or solid waste from either residential units or commercial establishments, or both
residential units and commercial establishments, within (a) designated service area(s) under
the terms of which the contractor(s) pay(s) the Contract City a fee.
Fiscal Year - the period beginning October 1 of each year and ending September 30 of the
subsequent year.
Force Majeure - an act of God, epidemic, lightning, earthquake, fire, explosion, storm,
tornado, hurricane, flood or similar occuffence, strike, and act of a public enemy, or
blockade, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence, which has had or may reasonably be expected to have a
material adverse effect on the rights or obligations under this Agreement, which by the
exercise of due diligence the party relying thereon as justification for not performing any
obligation under this Agreement shall not have been able to avoid, and which is not the
result of a willful or negligent action or omission of such party.
County Resolution No. R-167-13
Contract City Resolution No.
9
Page 4
Municipal Solid Waste (MSW) - all discarded materials or substances, exclusive of
source-separated recyclable materials, which the Contract City collects for disposal or is
collected for it by third parties under contract with the Contract City for disposal including,
but not limited to, garbage, trash, litter, refuse, rubbish, ashes, incinerator residue, recycling
process residue, or other materials allowed by the State Department of Environmental
Protection for disposal in a Class I landfill which result from domestic, commercial,
industrial, mining, agricultural or governmental activities, but not including sewage or other
highly-diluted, water-carried materials or substances, or those in gaseous form. This
definition is not intended to include any waste collected by any entity whose sole
relationship with the Contract City is a franchise or license and which entity does not collect
any waste on behalf of the Contract City. In addition, this definition is not intended to
include waste collected at any city owned facility.
Non-Exclusive Franchise or License - a regulatory program under which an unlimited
number of solid waste haulers are given the right and privilege to collect solid waste from
either residential units or commercial establishments, or both residential units and
commercial establishments, under the terms of which each hauler pays the Contract City a
fee.
Short -Term Disposal - delivery of solid waste to the County Solid Waste Management
System for disposal without having a minimum ten (10) year waste disposal agreement with
the County.
Short -Term Disposal Fee(s) - the higher fee(s) paid by private haulers or municipalities
for Short-Term disposal of solid waste in the County Solid Waste Management System.
Solid Waste - all discarded materials or substances, exclusive of source-separated
recyclable materials, including, but not limited to, garbage, trash, litter, refuse, rubbish,
ashes, incinerator residue, recycling process residue, or other materials allowed by the State
Department of Environmental Protection for disposal in a Class I landfill which result from
domestic, commercial, industrial, mining, agricultural or governmental activities, but not
including sewage or other highly-diluted, water-carried materials or substances, or those in
gaseous form, which materials or substances are not collected by or on behalf of a Contract
City.
Source-Separated Recyclable Materials - materials separated from municipal solid waste
or solid waste at their source of generation which are set-out for collection at their source of
generation. Such materials shall be limited to: clean yard trash, aseptic and gable-top
containers, comrgated cardboard, magazines, mixed waste paper, newspapers, telephone
books, household batteries, glass containers, plastic containers, steel cans and aluminum
cans, and other source-separated recyclable materials as may be approved for addition to this
listing from time to time by the County Mayor or his/her designee, which approval shall not
County Resolution No. R-167-13
Contract City Resolution No.
10
Page 5
be unreasonably withheld; such additions may be made by use of an attachment hereto
without need for formal amendment to this Agreement.
Transfer Fee - the fee charged to transfer municipal solid waste or solid waste from County
Solid Waste Management System transfer stations to County Solid Waste Management
System disposal facilities.
ARTICLE 1
CONSTRUCTION OF INTERLOCAL AGREEMENT
The word "shall" as used in this Agreement shall in all cases be construed to be mandatory
and to require the action so modified by the word "shall" to be taken without regard to the
exercise of discretion.
RE s P oN s,u,rffi**4HE c ouNrY
A. Provision of Disposal Capacity. The County shall provide MSW disposal capacity (and
transfer, as applicable) for the MSW which each Contract Cify collects or is collected for it
for disposal and which is committed to the County for disposal in the County Solid Waste
Management System in accordance with this Agreement. The provision of MSW disposal
services under this Agreement shall comply with all applicable state and federal laws.
B. Disposal Capacity for Concurrency. The County shall maintain sufficient MSW
disposal capacity in the County Solid Waste Management System to comply with
Concurrency requirements of the Local Govemment Comprehensive Planning and Land
Development Regulation Act (Chapter 163, Part II, F.S.) only as it applies to MSW
disposal capacity for the MSW which the Contract City collects or is collected for it for
disposal and which is committed to the County for disposal in the County Solid Waste
Management System in accordance with this Agreement, and actually disposed of therein.
C. Standardization of Asreement. The terms of this Agreement shall be substantially the
same for all Contract Cities.
ARTICLE 3
RESPONSIBILITIES OF THE CONTRACT CITY
A. Delivery of MSW to Countv. The Contract City shall deliver all the MSW it collects
or is collected for it for disposal, to a County Solid Waste Management System facility(ies)
at Disposal Fee rates as specified herein. Delivery of MSW by Contract City to the Waste
Management Inc. of Florida landfill in Medley, Florida shall be permitted for the term of
this agreement; provided that, (1) the County's agreement with Waste Management Inc. of
Florida, dated July 3 l, 1998, is in effect , (2) the landfill is accepting MSW for disposal, and
(3) MSW from (a) Contract City(ies) is not needed at the Resources Recovery facility, as
determined by the Director, in his/her sole discretion.
County Resolution No. R-l67-13
Contract City Resolution No.
11
Page 6
The Director may identify particular facilities to which the Contract City shall deliver its
MSW subject to the following:
The Contract City may deliver its MSW to a County transfer facility(ies) if the
applicable transfer fee is paid to the County.
At no time during the term of this Agreement shall a Contract City be required
to deliver MSW to a County transfer facility unless the County Disposal Fee is
the same at all County Solid Waste Management System facilities.
The Contract City shall not be directed to deliver its MSW to a disposal facility
which is farther from the Contract City's boundaries than the closest county-
owned disposal facility.
The Contract City shall not be directed to deliver its MSW to a transfer facility
which is farther from the Contract City's boundaries than the closest county-
owned transfer facility. In no case shall the Contract City be required to deliver
its MSW to a County Solid Waste Management System facility which is farther
than twenty (20) miles from the Contract City's nearest boundary in order to
take full advantage of it rights under this Agreement.
Regardless of the operating status of the County's Resources Recovery Facility,
the Contract City shall be entitled to dispose of MSW at the Facility and to pay
the regular disposal rate that applies to Contract Cities, which shall be the
County's lowest rate for MSW disposal, for the term of this Agreement.
A facility that is apart of the County Solid Waste Management System;
A facility that is used exclusively to facilitate the delivery of MSW to County
Solid Waste Management System facilities; or
County Resolution No. R-l67-13
(i)
(ii)
(iii)
(iv)
(v)
B. Use of Other Facilities Prohibited. The Contract City shall not deliver any MSW it
collects or is collected for it for disposal to a solid waste disposal or transfer facility other
than a County Solid Waste Management System facility for the term of this Agreement.
The Contract City shall not deliver any MSW it collects or is collected for it, to a materials
recovery or recycling facility for the term of this Agreement.
Notwithstanding the foregoing, in the event that the County approves an operating permit
for a solid waste disposal or transfer facility located within Miami-Dade County:
Other than:
(i)
(ii)
Contract City Resolution No.
12
Page 7
(iii) A facility that is subject to
which agreement shall not
agreement or regulation;
Then in that case:
a solid waste disposal agreement with the County,
allow acceptance of third party waste either by
the Contract City shall have the option to either pursue a permit for operation of a solid
waste disposal or transfer facility for all or a portion of its MSW disposal needs or deliver all
or a portion of its MSW to the permitted solid waste disposal or transfer facility(ies) that
meets the criteria established herein, provided however that any portion of the Contract
City's MSW that is not so disposed must continue to be delivered to the County pursuant to
the terms of this Agreement.
C. Hauler Contracts. The Contract City shall include in any MSW collection contracts
with Solid Waste haulers, or amendments to such contracts, which it executes, renews or
exterids after the date of this Agreement, a provision that all MSW collected for the
Contract City shall be delivered to a County Solid Waste Management System facility for
disposal. This provision shall apply to exclusive franchise or license agreements with Solid
Waste haulers to collect MSW on the Contract City's behalf. This provision shall not
apply to a non-exclusive franchise or license to haul Solid Waste that is not collected on the
Contract City's behalf.
D. Disposal and Transfer Fees. The Contract City shall pay a Disposal Fee (and a
Transfer Fee, as applicable) for each ton of MSW delivered to the County Solid Waste
Management System for disposal. As of October l, 2012, the Contract City shall pay a
Disposal Fee of sixty-three dollars and sixty-five cents ($63.65) per ton to the County for
disposal of MSW delivered to County Solid Waste Management System facilities. This
Disposal Fee shall be established by separate administrative order, which shall not become
effective until approved by the Board. As applicable, as of October 1,2012 the Contract
City shall pay a Transfer Fee of twelve dollars and fifty-two cents ($1252) per ton to the
County for transfer of MSW delivered to County Solid Waste Management System transfer
facilities. This Transfer Fee shall be established by separate administrative order, which
shall not become effective until approved by the Board. The Disposal Fee and Transfer Fee
may be increased or decreased for inflation or deflation beginning on October 1,2013, and
on the first day of each Fiscal Year thereafter, relative to increases or decreases in the U.S.
Govemment Consumer Price Index for All Urban Consumers for the Southeast Region of
the United States (CPD for the prior period of July 1 through June 30. Such CPI increases or
decreases shall be capped at four percent (4%) per year for the term of this Agreement. In
the event that the actual CPI increase or decrease exceeds the four percent (4o/o) cap in a
given Fiscal Year, the amount of CPI increase or decrease above or below the four percent
(4%) cap shall be applied to CPI increases or decreases in future years when the CPI
increase or decrease is less than four percent (4%). The Disposal Fee and Transfer Fee shall
not otherwise increase, unless as required by Change in Law, as defined herein, which may
occur at any time during the term of this Agreement. The County shall notify the Contract
County Resolution No. R-167-13
Contract City Resolution No.
13
Page 8
City of proposed Disposal Fee and Transfer Fee adjustments on the basis of change in law.
The disposal fee or Transfer Fee increase based on Change in Law shall fully compensate
the County for its increased costs. Each Contract City shall pay prevailing disposal fees for
waste materials for which the County charges other than the County Disposal Fee for the
entire term of this Agreement, including, without limitation, tires and asbestos, if provided
to the County for disposal.
E. Terms of Payment. The County shall invoice the Contract City for Disposal Fees,
based on County weighing records, by means of First Class U.S. Mail, within five (5) days
of the last day of each month, commencing in the first month after the effective date of this
Agreement, and continuing monthly thereafter for the term of this Agreement. In
accordance with Section218.74(2), Florida Statutes, as amended from time to time, payment
of Disposal Fees owed to the County shall be due from, and payment shall be made by, the
Contract City forty-five (45) days from the date of receipt of the County's monthly
invoice.
F. Dispute on Invoicing. In the event of a dispute on invoicing, the Contract City shall
first pay the full amount of the disputed charges when due and shall, within thirty (30) days
from the date of receipt of the disputed invoice, give written notice of the disputed invoice to
the County. The notice of dispute shall identify the disputed invoice, state the amount in
dispute and set forth a full statement of grounds on which such dispute is based. The County
Mayor or his/her designee shall confer with the Contract City and the County Mayor or
hisiher designee shall resolve the dispute not later than sixty (60) days after the date upon
which the disputed invoice was received. Should the Contract Cify disagree with the
determination of the County Mayor or hisftrer designee, it may pursue any remedy at law
except withholding payment.
*r,o#***.
The County shall cause all County Solid Waste Management System facilities to operate
and maintain motor truck scales calibrated to the accuracy required by Florida law and to
weigh all vehicles delivering MSW. Each vehicle delivering MSW from the Contract City,
or its contract hauler, shall have its tare weight and cubic yard capacity permanently and
conspicuously displayed on the exterior of the vehicle. The County or its contractor may,
from time to time, require revalidation of the tare weight of any vehicle. The Contract City
shall provide the County with information about each private hauler delivering MSW on its
behalf to include: name and address, make, body type and motor vehicle registration number
of each vehicle used for such purpose. All such haulers shall have and maintain a valid
County solid waste hauler permit in accordance with Section 15-11 of the Code of Miami-
Dade County, as amended from time to time.
The County will supply the Contract City with monthly weighing records as may be
reasonably required by the Contract City to administer its waste collection program. Copies
County Resolution No. R-l67-13
Contract City Resolution No.
14
Page 9
of all transaction tickets will be maintained by the County for at least two (2) years. If
weighing scales are inoperable or are being tested, the facility operator shall estimate the
quantity of MSW delivered using a schedule of estimated waste material weights in
accordance with Section 15-25, Subsections (b) and (d) of the Miami-Dade County Code, as
amended from time to time. The estimates shall take the place of actual weighing records,
when the scales are not operational. The County shall use reasonable efforts to maintain the
scales in an operable and accurate weighing condition.
ARTICLE 5
SHORT-TERM DISPOSAL
The Contract City agrees that the County Solid Waste Management System may accept
Solid Waste on a Short-Term Disposal basis from private or municipal haulers, so long as
the capacity to receive MSW delivered on behalf of the Contract City is not impaired, and
provided that such haulers shall pay (a) Short-Term Disposal Fee(s) of at least ten percent
(10%) above that charged to Contract Cites. The (a) Short-Term Disposal Fee(s) shall be
established by separate administrative order, which shall not become effective until
approved by the Board. A11 Disposal Fee revenues generated pursuant to this Agreement
shall be used to pay County Solid Waste Management System costs. This provision shall
not inhibit the County from entering into agreements with private haulers for delivery of
Solid Waste to County disposal facilities (with the exception of agreements for delivery of
Solid Waste collected by (a) private hauler(s) under contract with any municipality that is
not a party to this Agreement, which shall be prohibited), the minimum duration of which
shall be ten (10) years, provided that the County shall not offer (a) Disposal Fee(s) less
than that agreed to herein by the Contract City to any private hauler for the term of this
Agreement.
ARTICLE 6
RELATIONSHIPS OF THE PARTIES
Nothing in this Agreement shall be deemed to constitute any party a partner, agent or local
representative of the other party or to create any type of fiduciary responsibility of any kind
whatsoever between the parties. The obligations to this Agreement are not joint; the
obligations are separate and several between the Contract City and County.
ARTICLE 7
HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute apart of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
County Resolution No. R-l67-13
Contract City Resolution No.
15
Page 10
ARTICLE 8
DURATION OF AGREEMENT
The term of MSW deliveries by the Contract City to the County under this Agreement
shall commence with the date of execution and shall remain in effect up to and including
October l, 20-. The Agreement shall be executed and approved by resolution of the
Contract City's goveming body and shall become effective upon execution by the County.
A copy of the resolution of approval shall be transmitted to the County Mayor within hve
(5) days following the date of each Contract City's approval.
AGRE E MEN, o offi*IRE A GREE MEN T
This Agreement shall govern and supersede any other Interlocal agreement between the
Contract City and the County with regard to use of the County Solid Waste Management
System. 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 hereof that are not merged herein and superseded hereby.
ARTICLE 10
REPRESENTATIONS OF THE COUNTY
The County represents that (A) this Agreement has been duly authorized, executed and
delivered by the Board of County Commissioners as the goveming body of the County, and
(B) it has the required power and authority to perform this Agreement.
ARTICLE 1I
rhecontr".tciryH*:ilffi A3H'"ff [t-:"",XHIf,l]L*"rized,executed
and delivered by the Governing Body of the Contract City, and (B) it has the required
power and authority to perform this Agreement.
ARTICLE 12
APPROVALS AND NOTICES
All notices, consents and other communications required, permitted or otherwise delivered
under this Agreement shall be in writing and be delivered either by hand with proof of
delivery or mailed by first class United States certified or registered mail, with return receipt
requested, postage prepaid, and in any case shall be addressed as follows:
To County -
Miami-Dade County
Office of the Mayor
Stephen P. Clark Center
111 NW lst Street
Miami, Florida 33128
County Resolution No. R-l67-13
Contract City Resolution No.
16
Page I I
To Contract City -
Jimmy Morales
Citv Manaeer
City of Miami Beach
1700 Convention Center Drive
Miami Beach. FL 33139
Changes in the respective addresses above may be made from time to time by either party by
notice to the other party. Notices and consents given by mail in accordance with this section
shall be deemed to have been given five (5) business days after the day of dispatch, notices
and consents given by any other means shall be deemed to have been given when received.
ARTICLE 13
AMENDMENT TO AGREEMENT
This Agreement may be modified, altered or amended only by a written amendment duly
executed by the parties hereto, and approved by the governing body of each party. Any oral
representations or modifications conceming this Agreement shall be of no force or effect.
ARTICLE 14
NON-ASSIGNMENT
In no case shall the Contract City assign, transfer, convey or otherwise hypothecate any
interest, rights, duties, or obligations hereunder, or any part thereof. In the event the a
Contract City attempts to assign, transfer, convey or otherwise hypothecate this
Agreement or the Contract City's rights, duties or obligations hereunder, or any part
thereof, the County may at its option, terminate this Agreement with respect to the
Contract City.
*,offi*,
Nothing in this Agreement, either express or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reason of this Agreement.
ARTICLE 16
WAIVER
There shall be no waiver of any right related to this Agreement unless that such waiver is in
writing signed by the party waiving such right. No delay or failure to exercise a right under
this Agreement shall impair such right or shall be construed to be a waiver thereof. Any
waiver shall be limited to the particular rights waived and shall not be deemed a waiver of
the same right at alater time of any other right under this Agreement.
County Resolution No. R-l67-13
Contract City Resolution No.
17
Page 72
ARTICLE 17
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry out its obligations under this
Agreement during any period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations, but the obligations of the party relying on such
Force Majeure shall be suspended only during the continuance of any inability so caused
and for no longer period, and such cause shall, so far as possible, be remedied with all
reasonable dispatch. It is further agreed and stipulated that the right of any party hereto to
excuse its failure to perform by reason of Force Majeure shall be conditioned upon such
party giving, to the other party, written notice of its assertion that a Force Majeure delay has
commenced within five (5) working days after such commencement. If there exists good
cause for failure to give such notice, such failure shall not prejudice any party's right to
justify any non-performance as caused by Force Majeure, unless the failure to give timely
notice causes material prejudice to the other party.
ARTICLE 18
COI-INTY EVENT OF DEFAULT
The failure by the County to substantially fulfill any of its material obligations in
accordance with this Agreement, unless excuses are justified by Force Majeure, shall
constitute a "County event of default". If a County event of default should occur, the
Contract City shall have all of the following rights and remedies which each may exercise
singly or in combination: 1. the right to declare that this Agreement, together with all
rights granted to the County, hereunder are terminated, effective upon such date as is
designated by the Contract City;2. any and all other rights provided under federal laws and
the laws of the State of Florida. 3. in any event, the County shall maintain responsibility for
any debts owed to the Contract City for services provided under the terms of this
Agreement. Notwithstanding any other provision of this article, the Contract City shall
not terminate this Agreement for a "County event of default" unless the Contract City first
give(s) the County written notice of intent to terminate specifying the alleged default, and
providing the County a period of sixty (60) days from receipt of notice within which to cure
such default.
coNrRACr.ffioF DEFAULT
Without limitation, the failure by the Contract City to substantially fulfill any of its
material obligations in accordance with this Agreement, unless excuses are justified by
Force Majeure, shall constitute a "Contract City event of default". If a Contract City event
of default should occur, the County shall have all of the following rights and remedies
which it may exercise singly or in combination: 1. the right to declare that all rights granted
to the Contract City hereunder are terminated, effective upon such date as is designated by
the County;2. any and all rights provided under federal laws andthe laws of the State of
Florida. 3. in any event, the Contract City shall maintain responsibility for any debts owed
to the County for services provided under the terms of this Agreement. Notwithstanding
County Resolution No. R-l67-13
Contract City Resolution No.
18
Page 13
any other provision of this article, the County shall not terminate this Agreement for a
"City event of default" unless the County_first gives the Contract City written notice of
intent to terminate specifring the alleged default, and providing the Contract City a period
of sixty (60) days from receipt of notice within which to cure such default.
ARTICLE 20
FLORIDA LAW GOVERNS; VENUE IN MIAMI-DADE COIINTY, FLORIDA
This Agreement, regardless of where executed, shall be governed by and construed
according to the laws of the State of Florida, and venue shall be in Miami-Dade County,
Florida.
ARTICLE 21
TERMINATION
This Agreement may be terminated upon mutual consent, in writing, between the Contract
City and the County.
ARTICLE 22
COUNTERPARTS
This Agreement may be executed in one or more counterpart(s), each of which shall be
deemed an original.
ARTICLE 23
INVALIDITY OF PROVISIONS
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida, such provision, paragraph, sentence,
word or phrase shall be deemed modified to the extent necessary in order to conform with
such laws, and this Agreement shall remain in full force and effect.
County Resolution No. R-167-13
Contract City Resolution No.
19
By:By:
Page 14
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be
executed in its name by the County Mayor or his/her designee, attested by the Clerk of the
Board of County Commissioners and has caused the seal of the Board of County
Commissioners to be hereto attached; and the Contract City has caused this Agreement to
be executed in its name by the Manager/Mayor of the Contract City or his/her designee,
attested by the Clerk of the Contract City's governing body and has caused the seal of the
Contract City's governing body to be hereto attached, all on the day and year first written
above.
Attest: HARVEY RUVIN, MIAMI-DADE COI-INTY, FLORIDA
Clerk of the Board BY ITS BOARD OF COUNTY
COMMISSIONERS
Deputy Clerk County Mayor
Miami-Dade County Florida
111 N.W. lst Street, 29th Floor
Miami, FL 33128
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Miami-Dade County Attorney's Office
111 N.W. 1st Street
Miami, FL 33128
Assistant County Attorney
County Resolution No. R-l67-13
Contract City Resolution No.
20
Page 15
CONTRACT CITY
a Florida Municipal Corporation
ATTEST:
This day of
[corporate seal]
APPROVED AS TO INSURANCE APPROVED AS TO FORM ANDREQUIREMENTS: CORRECTNESS:
County Resolution No. R-l67-13
By:
,20_
Contract City Resolution No.
21
THIS PAGE INTENTIONALLY LEFT BLANK
22
t*-*"*I.T--
ffiffiffi
:::-::-_ -:j,:;i,?t:
f . i,i ,* r i..,{* :*
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: June 5, 2015
SUBIECT: R5J RM-2 Regulotions, Porking Regulotions And Signoge Regulotions
Within 250 Of North Shore Open Spoce Pork (NSOSP) - Sub item 1 only
Pleose withdrow obove ordinonce from the June I O, 2015 City Commission ogendo:
l. RM-2 Chopter 142 Regulotions Within 250 Feet Of NSOSP
An Ordinonce Amending The City Code Chopter 142, "Zoning Districts And
Regulotions," Article ll, "District Regulotions," Division 3 "Residentiol Multifomily
Districts," Subdivision lV, "RM-2 Residentiol Multifomily, Medium lntensity," At Sections
142-21 5, "Prohibited Uses," And 142-21 B, "setbock Requirements," ln Order To Permit
Outdoor Bor Counters As Accessory Uses ln Oceonfront Hotels ln The RM-2 District;
Allowing For The Modificotion Of lnterior Side Setbock Requirements For Drives Or
Sidewolks; Providing Access Between Porcels ln The RM-2 District; Modifying The lnterior
Side Tower Setbock Requirements For Oceonfront RM-2 Porcels Within 250 Feet Of
North Shore Open Spoce Pork; By Amending Chopter 142, "Zoning Districts And
Regulotions," Article lV, "supplementory District Regulotions," Division 3 "Accessory
Uses," At Section 142-902, "Permitted Accessory Uses," To Permit Neighborhood lmpoct
Estoblishments, As Conditionol Uses For Oceonfront Hotels ln The RM-2 District, Within
250 Feet Of North Shore Open Spoce Pork; Providing For Codificotion; Repeoler;
Severobility; And An Effective Dote. 5:03 p.m. First Reoding Public Heoring
lf you hove ony questions, pleose contoct me of extension 6528.
Loydo Hernondez
On beholf of Commissioner Weithorn
We ore commiffed to providing excellenf public service and solery o all who live, work, ond play in our vibront, tropicol t ;.t^,;-
Asenda rtem R5 J- |
Date 6-10-lf23
THIS PAGE INTENTIONALLY LEFT BLANK
24
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Accepting A Utility
Easement From Aqua Master Association, lnc., Owner Of The Property Located At201Aqua Avenue, For
The Construction, lnstallation, Maintenance, Repair, And Replacement Of Water Mains; And Further
Authorizing The Administration And City Attorney's Office To Finalize A Grant Of EasementAgreement, ln
Substantiallv The Form As Exhibit "A" Attached Hereto.
!ntended Outcome Su
Ensure Well Maintained I nfrastructure
Item Summary/Recommendation :
The City has a 16-inch diameter water main running beneath the water channel separating Allison lsland
and lndian Creek Drive. The water subaqueous existing pipes have reached their life expectancy of +70
years, and willtherefore need to be replaced.
The City has selected a horizontaldirectionaldrill method as the most practical method for installing new
subaqueous mains. The alignment of the new subaqueous mains will fall outside the State right of way and
into property owned by the Aqua Master Association, lnc. Aqua Condominium Association, lnc. has agreed
to grant the City a ten (10)foot easement, containing approximately 1,166 sq. feet, to be approximately
located at the northeast corner of its property located at 201 Aqua Avenue, forthe construction, installation,
maintenance, repair and replacement of the water mains (as described as a portion of Tract "1" of "AQUA
AT ALLISON ISLAND', according to the Plat thereof, as recorded in Plat Book 162, at Page 53, of the
Public Records at Dade County, Florida).
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial !nformation :
Source of I IFunds: I I II ll zlI ll sl
oBP! | rotal
I
Financial lmpact Summary:
Eric Carpenter, Public Works X6012
Siqn-Offs:
Dep3rtment Director ffisQtgJrt Gity Manager Gity Mar{dger
A{' ETC I
'\N
I\\ MT JLTVI).I V \
\--l
WORKS\Agenda AQUA easement\Aqua at Allison lsland Easement Sum revT:lAGENDA\201 5Uu ne\PU BLIC
# frAtAAAtB*ACH AGENDAITEM N ' TR7P
6-lo-tNATE25
C MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
CO SION MEMORANDUM
TO: Mayor Philip Levine and of the Ci Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT; A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
A UTILITY EASEMENT FROM AQUA MASTERBEACH, FLORIDA, ACGE
ASSOCIATION,INC., OWNER OF THE PROPERTY LOCATEDAT 201 AQUAAVENUE,
FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND
REPLACEMENT OF WATER MAINS; AND FURTHER AUTHORIZING THE
ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO FINALIZE A GRANT OF
EASEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM AS EXHIBIT ..A"
ATTACHED HERETO.
ADMINTSTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROUND
The City has a 16-inch diameter water main running beneath the water channel separating Allison
lsland and lndian Creek Drive. The water subaqueous existing pipes have reached their life
expectancy of +70 years, and willtherefore need to be replaced.
The City has selected a horizontal directional drill method as the most practical method for installing
new subaqueous mains. The alignment of the new subaqueous mains will fall outside the State
right of way and into property owned by the Aqua Master Association, lnc. Aqua Condominium
Association, lnc. has agreed to grant the City a ten (10) foot easement, containing approximately
1,166 sq. feet, to be approximately located at the northeast corner of its property located a|201
Aqua Avenue, for the construction, installation, maintenance, repair and replacement of the water
mains (as described as a portion of Tract "1" of "AQUAATALLISON ISLAND", according to the Plat
thereof, as recorded in Plat Book 1 62, at Page 53, of the Public Records at Dade County, Florida).
CONCLUSION
The Administration recommends approving the Resolution.
Exhibit A:New Grant of Easement; Sketch and Legal Description of the Proposed
Easement; and Location Map.
JLM/MT/$C/BAM/JR
T:\AGENDAt2015Uune\PUBLIC WORKS\Agenda AQUA easement\Aqua at Allison lsland Easement Memo rev.doc
26
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A UTILITY EASEMENT FROM AQUA
MASTER ASSOCIATION, INC., OWNER OF THE PROPERTY LOCATED AT 201
AQUA AVENUE, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE,
REPAIR, AND REPLACEMENT OF WATER MAINS; AND FURTHER
AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO
FINALIZE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE
FORM AS EXHIBIT 'IA" ATTACHED HERETO.
WHEREAS, the City has a 16-inch diameter water main running beneath the water channel
separating Allison lsland and lndian Creek Drive; and
WHEREAS, the water subaqueous existing pipes have reached their life expectancy of +70
years, and will therefore need to be replaced; and
WHEREAS, the City has selected a horizontal directionaldrill method as the most practical
method for installing new subaqueous mains; and
WHEREAS, the alignment of the new subaqueous mains will fall outside the State right of
way and into property owned by the Aqua Master Association, lnc.; and
WHEREAS, Aqua Condominium Association, lnc. has agreed to grantthe Cityabn(10)foot
easement, containing approximately 1,166 sq. feet, to be approximately located at the northeast
corner of its property located at201Aqua Avenue, for the construction, installation, maintenance,
repair and replacement of the water mains; and
WHEREAS, the proposed grant of easement Agreement (including sketch and legal
description of the Easement) is attached as Exhibit "A" hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept a utility easement from Aqua MasterAssociation, lnc., owner of the property located
at201 Aqua Avenue, for the construction, installation, maintenance, repair, and replacement of
water mains; and further authorize the Administration and City Attorney's Office to finalize a Grant of
Easement Agreement, in substantially the form as Exhibit "A", attached hereto.
PASSED AND ADOPTED this 1Oth day of June, 2015.
ATTEST:
Phillip Levine, Mayor
Rafael Granado, City Clerk
APPROVED AS TO
FORM & IANGUAGE
City Attorney Date
27
Exhibit - A
This instrument was prepared by:
Name: Eve A. Boutsis
Address: Office of City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
(Space reserved for Clerk)
Grant of Easement
This Grant of Easement entered into this _ day of 2015, by AQUA MASTER
ASSoCIATIoN,Inc.,withitsaddressat:20|AquaAvenue-(hereinafter
referred to as Grantor) and the City of Miami Beach, Florida, a Municipal Corporation with its
address at 1700 Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as
Grantee) its successors and assigns.
l. Grantor is the owner, in fee simple, of the Real Property legally described as:
Folio: 02-3211-074-0500
A porlion ol Tract "I" of "AQUA AT ALLISON ISLAND",
according to the Plat thereof, as recrrrded in Plat llook | 62. at
Page 53, oI the Public Recorcls of Dade County, Florida, being
more parlicularly described as fbllows:
COMMENCE at the most NE Corner of said Tract "I"; thence
509"36'32"[:i along the Northeasterly I]oundary Line of said
Tract "I", lbr 11.72|'eet to a pclint on a ciroular curve concave
to the Northu,est and bearing S07'50'05"H t'rom tlre center of
said curve, said point also being the POINT OF BEGINNING
of the centerline of a l0 foot wide rvater main easement, lying
5.00 t-eet on each side of the lirllowing described centerline
(shortening or extending the side lines thereof, so as to create a
contirluous strip ol'land): thence Southwesterly along the arc ol'
said curve, having for its elements a radius of 1,000.00
fbet, a central angle of 06"44'35" Ibr an arc distance o1' 117.69
feet to a point on the Southeasterly Right of Way Line of
West 63rd Street. as shown on said Plat of "AQUA AT
ALI.ISON ISLAND", said point also being the Point of
Termination of the albrernentioned centerline.
Containing 1,166 Square Feet. nrore or less, by calculations
2. In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Grantor hereby grants and conveys to the Grantee, over, under and across the Easement
Area, more fully described in Exhibit A, an exclusive Easement for the installation,
maintenance, construction and repair of a water main pipes, and appurtenances, the costs
28
Page 2 of3
and expenses associated with same to be paid by Grantee. The City of Miami Beach, its
employees, contractors, or representatives shall have the permanent right and license for
purposes of ingress and egress to and from the Easement for the purposes enumerated
herein.
3. Grantee, its successors and assigns, agree to indemnify and hold Grantor, its successors
and assigns, harmless from any and all liability, loss and against all claims or actions
based upon or arising out of damage or injury (including death) to person(s) or property
that Grantor, its successors and assigns may suffer as a result of claims, demands, costs,
or judgments against it arising from Grantee's, its successors' and assigns' installation,
use and maintenance of the Easement.
4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade
County, Florida, and that this Easement shall be construed and shall be enforced in
accordance with the laws of the State of Florida.
5. The easement herein granted shall constitute a covenant running with the parcel of Real
Property described herein and shall be binding upon and shall inure to the benefit of the
Grantor and the Grantee, and their respective successors and assigns.
6. The rights and benefits of the Grantee under this Easement shall be freely assignable by
the Grantee, in whole or in part.
7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee
hereby agrees to execute and record in the Public Records of Miami-Dade County,
Florida, appropriate documentation to abandon and terminate this Grant of Easement.
Signed, witnessed, executed and acknowledged on this
2015
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
day of
City Attorney Date
IN WITNESS WHEREOF, the Seller has caused these presents to be signed in its name
by their proper officials.
Signed, sealed and delivered
29
Page 3 of3
in the presence of:
AQUA MASTER ASSOCIATION, Inc.
a Florida corporation
Witness:
Print Name:
Print Name:
Title:
Witness:
Print Name:
STATE OF FLORIDA )
SS:
couNTY oF MIAMI-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument
was acknowledged before me by of AQUA MASTER
ASSOCIATION, INC, a Florida Corporation, who is personally known to me or who has
produced a valid driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2015.
Notary Public, State of Florida
My Commission Expires:
By:
30
HEL --5E=-:
SKETCH AND LEGAL DESCRIPTION
FOR WATER MAIN EASEMENT
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.B. = PLAT BOOK
O 25 50 PG. = PAGE
, I SEC.=SECTION
E rr = HUrNrur TAN6ENLy
SCALE PNT = PoINT oF NoN TANGENcY A ,I":5O' I=IIPIYISYLVE \ UFPNT = PoINT oF NoN TANGENCY , .ff, ZR = RADIUS CURVE \ '-. .-r
L= ARC LENGHT t, {n Y
TAN = TANGENT U,, D
D = CENIRAL ANGLE 1 ,^L
\ TAN = TANGENT Vr, }l, \ D=GENTRALANGLE 1 '4, \ t o-\f\ ^'"9'lJuuo'Yl.]?| igl\z\, \ \-?',N.S5,[ii"i;;" aq AH, (-, \ (. ,,A: P, X
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! NoTlcE: This document is not valid, full and complete without att pages. EXHIBIT " A" -,
L@NGITUDE S U R V E Y o R S, LLc
7715 NW 48rH STREET, SUITE 510, DORAL, FLORIDA JJl66 ' PHONE: (505) t+65-0912' FAX: (505) 513-5680 ' WWW.LONGITUDESURVEYORS.C0M
. Lrrrr:'!4.1,!:1!€rr vin-,Berc" rl\.wq\:rerrhordLegos\14r/gsLEsMrweslLl5 rr i5nw! \/29/2a1":. rl1tpME0, JOBNO. 14179 PAGEIOF3
31
SKETCH AND LEGAL DESCRIPTION
FOR WATER MAIN EASEMENT
LEGAL DESCRIPTION OT WATTR MAIN EASEMENT:
A gorlron ol Tract "l" of "AQUA AT ALLISON |SLAND", accordnq lo lhe Tlat lhereof , as recorded n Tlal tsook
162, al ?aqe 53, ol lhe ?ubltc Records of Mum Dade County, flonda, benq more TarLtcvlarly descnbed as
follows:
COMMENCE at lhe most NE Corner of Eard Tracl "1"; thence 3O9'36'32"t alonq the Northealerly boundary Lrne
ol sad Tract "1" , for I L7 2 Ieel to a potnt on a arcvlar cvrve concave to lhe Northwest and bealnq
5O7'5O'O5"E from the cenler of satd cuNe, satd Votnt alsobetnq the POINT Of BEGINNING of the cenler\ne ol
a I O lool wrde water marn easemenl, lytnq 5.OO leeL on each stde of the lollownq descrbed centerlne
(shorLennq or exLendnq lhe gde lneg thereof, so as Lo creale a contnuovs sLnV of land); lhence
SovthweElerly alonq the arc ol sard curve, hawnq for fts elements a radus of I OOO.OO feet, a central anqle ol
06o44'35' for an arc drsLance of I 17.Gg leel to a VotnL on the SouLheasterly Rrght ol Way Lrne of WesL G3rd
SLreeL, as shown on sard Plat ol 'AQUA AT ALLISON |SLAND", satd VornL also betnq lhe ?ornt of Iermnatron ol
the al orementroned cenLerltne.
Contatnnq I ,l 66 Square Feet, more or less, by calculabons.
NOTICE: This document is not valid, full and complete without all EXHIBIT "4"
L@NGITUDE s u R v E Y o R S, r-uc
7715 NW 48rH STREET, SUITE 510, DORAL, FLORIDA 55166 * PHONE: (505) 465-0912 | FAX: (305) 515-5680 ' WWW.LONGITUDESURVEYORS.C0M
I rr re !, r..r ir,eer r!,.,,ir tse,.i rL\,dr!\,s,ir.h ..ti Lr9.s\rar,! ! esili wplr 11 r1 r5d*,t 5,,2e/2aj\ ,I5-r pv ..r JOB NO, 14179 PAGE2OF3
32
SKETCH AND LEGAL
FOR WATER MAIN
DESCRIPTION
EASEMENT
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LOCATION MAP
NOT TO SCALE
SOURCES OF DATA,
I . Plat o[ 'AOUA AT ALLIgON lSLAtlD' , Rearded rn Plal BooL I 62, at ?aqe 53 ol the Fvblc Reards ol Mramr-Dade Cantv, Flonda.
2. Tlal oI "AMEI'IDED FLAT Of SECOI'ID OCEAN Ff.Ol'lf SUBDIVISION', Rcuded rn Flat Book 26. el?aqe 26 ol the Poblc Rccords of MramrDadc County, flotda.
Beannqs as shown hereon are ba>ed vpon the centcrlrne ol WesL C3rd 9treet wrth an assvfrcd bcai1q ol l,l8Q|?3'?8'E, grrd [fe to bc conetd"red a well esEabl$hed and
monument€d hne,
EA-5Eli/EllT9 AllD Et ICUMBP.AIICES;
l.lo rnfomlatron was Trutded a9 Lo the existenc€ of any eagemenLg other lhrl what ap7eare on lhe onderlynq?lal ol record- Tleage reler !o the LtmltJtton5 ltem vrfth.es?ect,
to poaable rcstr|ct|Dns ol record and ,trlty ieM6e3.
LJMTTAItONs:
?rvale entt€s ,5 therrJuilsdrctrons Rsy appcar.
Thls document doe, nol re?rcacnt e leld boundary 3uNey ol the deecnbcd ?@pc*y, ot any parL or paral lhereol.
euP.vEYoRs CERJTTIQAIE:
f i 2.O27 ol th. FloDd, Sr:anires.
LONGITUDE SURVFYDRS ltC., a Floitda Lnr,ed Lrablty Company
llondt Certkal:1.'bf Authcrr:aUorr t.,lumber 187335:, /ru; ,,," as/,/s
"*"3cn#Jx,Jattnetrtnl
-
Re4'z/ered Sun,eyor an<) MaVper 1515936
1hrf. ot flonda
ruOnt': Nol volid without the lignolure ond odginol roised seol of o Florido Licensed Surveyor ond Mopper. Addilion: or delelions lo Survey Mops by olher lhon the
signing porty ore prohlbiled wilhoul the witten consent of lhe signing porly.
\ NoTlce This tlocumenr is not valid, lull and complete without alt pages. EXHIBIT "4"
LfliNGITUI)E S U R V E Y o R S, LLc
7715 NW /,8rH SIREET, SUITE 510, DORAL, FLORIDA 55166 r PHONE: (S05) &65-0912 * FAX: (505) 515-5680 r WWW.LONGITUDESURVEYORS.COH
. !1.r417ex5-\dst!!t,Moii3c..t,FL\d.s\S!'t.hrn6!.901.\l.r7sgLE*It.!lo5-11-l5crt 5/2tlr015 3:lJrSlFsaoi JOBNO. 1417t PAOESOf3
33
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34
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED..MISCELLANEOUS OFFENSES," BY AMEND!NG ARTICLE I,
ENTITLED "IN GENERAL," BY AMENDING SECTION 70.1, ENTITLED
"STATE MISDEMEANORS," BY CREATING SUBSECTION (C) WHTCH
PROVIDES CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS
(MARIJUANA) FOR AMOUNTS UNDER 20 GRAMS AND
POSSESSION OF DRUG PARAPHERNALIA; AND SETTING FORTH
PENALTIES AND ENFORCEMENT RESPONSIBILITIES FOR A
VIOLATION OF SUBSEGTION 70-1(cxl) AND (2); PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the Charter of City of Miami Beach grants the Mayor and City Commission
with home rule power to enact an Ordinance that does not conflict with State law; and
WHEREAS, the City has adopted section 70-1(a), which makes any act that is or shall
be recognized by the laws of the State of Florida as a misdemeanor, thereby being criminally
prohibited throughout the City; and
WHEREAS, a person convicted for commission of an act defined as a misdemeanor
pursuantto section 70-1(a), will be punished by a fine or imprisonment or both, but in no case
shall the fine and/or or imprisonment imposed be greater than the maximum fine or penalty for
the same offense under the Florida Statutes; and
WHEREAS, several states and localities have modified their drug laws to create civil
violations for possession of de minimis amounts of marijuana, which is only enforceable by a
monetary fine and does not subject that person to arrest or criminal prosecution; and
WHEREAS, this ordinance will provide an alternative and additional mechanism under
the City's Code to enforce these violations that are based upon the commission of certain
enumerated misdemeanors; and
WHEREAS, the Mayor and City Commission have an interest in enacting monetary civil
penalties for certain violations of section 70-1(a), which civil penalties will act as an additional
deterrent to such violations when encountering by the Miami Beach Police Department Offlcers
for a misdemeanant who has committed the offense of possession of 20 grams or less of
marijuana or paraphernalia; and
WHEREAS, the Miami Beach Police Department will have the discretion to issue a civil
citation pursuant to this ordinance, or arrest or not arrest a person for the commission of a
misdemeanor under State law.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article l, entitled "ln General," of Chapter 70, entitled "Miscellaneous
Offenses," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Asenda nem R40
Date 6-10-1535
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. IN GENERAL
Sec. 70-1. State misdemeanors.
(a) lt shall be unlawful for any person to commit within the city any act that is or shall be
recognized by the laws of the state as a misdemeanor, and the commission of such acts
is hereby forbidden.
(b) Whoever shall violate the provisions of this section, upon conviction thereof, shall be
punished by the same penalty as is provided by the laws of the state.
(c) Notwithstandinq subsection (a). the followino misdemeanor(s) under State law are
eliqible to receive a civil violation notice. at the discretion of a law enforcement officer.
provided that such violations are not charoed in coniunction with anv charoe that is a
felonv. drivino under the influence. incident involvino domestic violence. or violent crime,
as those terms are defined under State law:
(1) Possession of Cannabis in an amount of 20 qrams or less. as set forth in section
893.13(6Xb) of the Florida Statutes. as such mav be amended from time to time:
and/or
(2) Possession of Druo Paraphernalia. as set forth in sections 893.146 and
893.147(1)(b) of the Florida Statutes. as such mav be amended from time to
time.
An individual issued a civil violation notice for a violation of subsection (cX1) or (2) will
be subiect to the fine set forth herein.
(3) Penalties and enforcement.
(s) A person violatino subsection (c)(1) or (2) shall receive a civil fine of
$100.00.
(b) Enforcement, The Miami Beach police department shall enforce this
section. This shall not preclude other law enforcement aoencies from anv
action to assure compliance with this section and all applicable laws. lf a
police officer finds a violation of (cXl) or (cX2), the police officer will be
authorized to issue a notice of violation. The notice shall inform the
violator of the nature of the violation. amount of fine for which the violator is
liable. instructions and due date for pavino the fine. that the violation mav
be aopealed bv requestinq an administrative hearino before a soecial
36
the failure to appeal the violation within ten (10) davs of service shall
constitute an admission of the violation and a waiver of the right to a
hearino.
(s) Riqhts of violators: pavment of fine; rioht to appear: failure to pav civil fine
or to appeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect
to either:
i. pav the civil fine in the manner indicated on the notice of
violation: or
ii. request an administrative hearino before a special master
to appeal the notice of violation, which must be requested
within ten (10) davs of the service of the notice of violation.
b. The procedures for appeal bv administrative hearino of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinqs must be accompanied bv a fee as
approved bv a resolution of the citv commission. which shall be
refunded if the named violator prevails in the appeal.
c. lf the named violator, after issuance of the notice of violation, fails
to pav the civil fine, or fails to timelv request an administrative
hearino before a special master. the special master mav be
informed of such failure bv report from the police officer. The failure
of the named violator to appeal the decision of the police officer
within the prescribed time period shall constitute a waiver of the
violator's riqht to an administrative hearino before the special
master, and shall be treated as an admission of the violation, for
which fines and penalties shall be assessed accordinolv.
d. A certified copv of an order imposinq a fine mav be recorded in the
public records. and thereafter shall constitute a lien upon anv real
or personal propertv owned bv the violator, which mav be enforced
in the same manner as a court iudqment bv the sheriffs of this
state, includinq levv aqainst the violator's real or personal propertv.
but shall not be deemed to be a court iudqment except for
enforcement purposes. On or after the sixtv-first (61st) dav
followinq the recordino of anv such lien that remains unpaid, the
Citv mav foreclose or otherwise execute upon the lien.
e. Anv partv aqqrieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
37
f. The special master shall be prohibited from hearinq the merits of
the notice of violation or considerino the timeliness of a request for
an administrative hearinq if the violator has failed to request an
administrative hearino within ten (10) davs of the service of the
notice of violation.
g The special master shall not have discretion to alter the penalties
prescribed in subsection (3Xa).
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 3. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. 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 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 the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the tenth (1Oth; day following its adoption.
PASSED AND ADOPTED this =- day of
ATTEST:
Rafae! E. Granado, City Glerk
Underscore denotes new language
@ denotes stricken language
(Sponsored by Mayor Philip Levine)
2015.
Mayor Philip Levine
AFPFCn/EDASTO
rcRM &I.ANGUAGE
lFonE(Eourml
U(4 U7
-J.-E
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