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20171031 BMCommission Meeting (Special) City Hall, Commission Chambe rs, 3rd Floor, 1700 Conve ntion Ce nte r Driv e October 31, 2017 - 9:30 AM M ayor Philip Levine Commissioner John Elizabeth Aleman Commissioner Ricky Arriola Commissioner Joy Malakoff Commissioner Kristen Rosen G onzalez Commissioner Micky Steinberg City M anager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. G ranado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. AT T ENT ION ALL LOBBYIST S Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the Office of 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 Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). I n order to ensure adequate public consideration, if necessary, the M ayor and City Commission may move any agenda item to an alternate meeting. I n addition, the Mayor and City Commission may, at their discretion, adjourn the Commission M eeting without reaching all agenda items. AGENDA KEY Presentations and Awards:Regular Agenda: PA - Presentations and Awards R2 - Competitive Bid Reports R5 - Ordinances Consent Agenda:R7 - Resolutions C2 - Competitive Bid Reports R9 - New Businesses & Commission Requests C4 - Commission Committee Assignments R10 - City Attorney Reports C6 - Commission Committee Reports C7 - Resolutions Reports and I nformational I tems Page 1 of 376 AGENDA 1.CALL TO O RDER 2.PLEDG E O F ALLEG I ANCE 3.REQ UEST FO R ADDI TI O NS, W I THDRAWALS, AND DEFERRALS PRESENTAT IONS AND AWARDS PA 1 KEY TO THE CI TY TO BE PRESENTED TO DR. EDUARDO PADRO N, FO R HI S LEADERSHI P I N THE DREAM ERS M O VEM ENT. M ayor Philip Levine PA 2 P RO CL AM AT I O N AND KEY TO THE CI TY TO BE PRESENTED TO DAVE DO EBL ER, FO R HI S CO M M I TM ENT TO THE ENVI RO NM ENT. M ayor Philip Levine PA 3 CI TY BETTERM ENT AWARD PRESENT ED TO RAFAEL E. G RANADO, REG I S BARBO U, AND PAT RI CK CAM M, FO R DEVEL O PI NG A NEW ELECTRO NI C M ETHO D O F FI L L I NG CAM PAI G N FI NANCE REPO RTS THAT RESULTED I N THE SAVI NG O F TI M E, LABO R AND M O NEY FO R THE CI TY AND HAS PRO VI DED TI M ELY DI SCLO SURE O F CAM PAI G N FI NANCE I NFO RM ATI O N TO T HE PUBLI C. Human Resources CONSENT AGENDA C4 - Commission Committee Assignments C4 A REFERRAL TO THE FI NANCE AND CI TY W I DE PRO JECTS CO M M I TTEE - DI SCUSSI O N REG ARDI NG THE TRACKI NG O F TO TAL SHO RT TERM RENTAL VI O LATI O NS I M PO SED AG AI NST PRO PERTY O WNERS. Finance Commissioner John Elizabeth Aleman C4 B REFERRAL TO THE NEI G HBO RHO O D/CO M M UNI TY AFFAI RS CO M M I TTEE TO DI SCUSS THE ADO PT A BENCH APPLI CATI O N FRO M M AXI M I L I AN CAM I NO . Parks and Recreation Commissioner Kristen Rosen G onzalez C7 - Resolutions C7 A A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, APPRO VI NG AND AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE AM ENDM ENT NO . 1 TO THE PRO FESSI O NAL SERVI CES AG REEM ENT BETW EEN THE CI TY O F M I AM I BEACH, FLO RI DA AND STANL EY CO NSULTANTS, I NC., FO R EXTENDED EM ERG ENCY DI SASTER DEBRI S M O NI TO RI NG SERVI CES, I N AN AM O UNT NO T-TO-EXCEED $500,000.00, FO R A TO TAL CO NTRACT PRI CE I N AN AM O UNT NO T-TO -EXCEED $1,000,000.00. Capital I mprovement Projects C7 B A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, APPRO VI NG THE SETTL EM ENT BETWEEN THE CI TY, AND NO RM ANDY LI VI NG , LLC, AND AUTHO RI ZI NG THE CI TY M ANAG ER AND CI TY Page 2 of 376 ATTO RNEY TO TAKE THE NECESSARY AND APPRO PRI ATE STEPS FO R THE I M PLEM ENTATI O N THEREO F; AND FURTHER AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE ANY DO CUM ENT S AND/O R AG REEM ENTS, AS REQ UI RED, TO EFFECTUAT E THE TERM S O F THE SETTL EM ENT. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) O ffice of the City Attorney C7 C A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, ACCEPTI NG THE RECO M M ENDATI O N O F THE CI TY M ANAG ER, PURSUANT TO REQ UEST FO R Q UAL I FI CATI O NS NO . 2017-242-WG , FO R STATE LEG I SLATI VE CO NSULTI NG SERVI CES; AUTHO RI ZI NG THE ADM I NI STRATI O N TO ENTER I NTO NEG O TI ATI O NS W I TH SO UTHERN STRATEG Y G RO UP O F M I AM I , LLC; FURTHER, SHO ULD THE ADM I NI STRATI O N NO T BE SUCCESSFUL I N NEG O TI AT I NG AN AG REEM ENT WI TH SO UTHERN STRATEG Y G RO UP O F M I AM I , LLC, AUTHO RI Z I NG THE ADM I NI STRATI O N TO ENTER I NTO NEG O TI ATI O NS W I TH RUTLEDG E ECENI A, P.A.; AND FURTHER AUTHO RI ZI NG THE M AY O R AND CI TY CL ERK TO EXECUTE AN AG REEM ENT UPO N CO NCLUSI O N O F SUCCESSF UL NEG O TI ATI O NS BY THE ADM I NI STRATI O N. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) O ffice of the M ayor and Commission/Procurement C7 D A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, APPRO VI NG ART BASEL US CO RP., TO CL O SE WASHI NG TO N AVENUE, A M AJ O R RO ADWAY, F RO M 17TH STREET TO DADE BO ULEVARD, FRO M M O NDAY, DECEM BER 4, 2017 AT 7:00 AM THRO UG H M O NDAY, DECEM BER 11, 2017 AT 7:00 AM , I NCLUDI NG RESTRI CTED RUSH HO UR PERI O DS, TO ALLO W THE 2017 EDI TI O N O F ART BASEL I N M I AM I BEACH TO PRO VI DE A M AI N ENTRANCE O N THE EAST SI DE O F THE M I AM I BEACH CO NVENTI O N CENTER, WHI CH I S CURRENTLY BEI NG RENO VATED. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) Tourism, Culture and Economic Development C7 E A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, ACCEPTI NG THE RECO M M ENDATI O N O F THE CI TY M ANAG ER, PURSUANT TO REQ UEST FO R Q UALI FI CATI O NS (RFQ ) NO. 2017-119-KB, SM ART CI TY STREET LI G HTI NG SY STEM – DESI G N, BUI LD, O PERATE, AND M AI NTAI N. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) Public Works/Procurement C7 F A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AUTHO RI ZI NG THE ADM I NI STRAT I O N TO NEG O TI ATE AN AG REEM ENT W I TH THE SCHO O L BO ARD O F M I AM I -DADE CO UNT Y PUBL I C SCHO O LS; SAI D AG REEM ENT, I N M ATERI AL PART, PRO VI DI NG FO R A CI TY CO NTRI BUTI O N TO WARD THE M AI NTENANCE O F THE ATHL ETI C FI ELD AT M I AM I BEACH SENI O R HI G H SCHO O L, THRO UG H M ATCHI NG FUNDS, I N AN AM O UNT NO T TO EXCEED $22,000 ANNUALLY, TO ENSURE THAT O NE-HUNDRED PERCENT (100%) O F THE SCHO O L'S ATHLETI C FI EL D I S USABLE DURI NG THE REM AI NDER O F THE 2017-18 SCHO O L Y EAR; AUTHO RI ZI NG THE RENEWAL O F THE AG REEM ENT FO R UP TO TW O (2) ADDI TI O NAL O NE-Y EAR TERM S THEREAFTER (SUBJECT TO ANNUAL BUDG ETARY APPRO VAL BY THE CI TY CO M M I SSI O N); AND ADDRESSI NG PO SSI BLE USAG E, BY THE CI TY, O F THE ATHLET I C FI ELD AFTER-SCHO O L HO URS AND DURI NG W EEKENDS; AND FURTHER AUTHO RI ZI NG THE CI TY M ANAG ER TO EXECUTE THE AG REEM ENT UPO N CO NCLUSI O N O F SUCCESSF UL NEG O TI ATI O NS BY THE Page 3 of 376 ADM I NI STRATI O N. (TO BE SUBMIT T ED IN SUPPLEMENTAL) Organizational Development/Parks and Recreation REGULAR AGENDA R5 - Ordinances R5 A ASSI STED L I VI NG FACI LI TY AND M EDI CAL USE ZO NI NG REG ULATI O NS: AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, AM ENDI NG CHAPTER 130, “O FF-STREET PARKI NG,” ARTI CLE I I , “DI STRI CT; REQ UI REM ENTS,” TO ESTABLI SH PARKI NG REQ UI REM ENTS FO R ASSI STED LI VI NG FACI L I TY, ADULT DAY CARE CENTER, M EDI CAL O FFI CE, AND RELATED USES; AM ENDI NG CHAPTER 142, “ZO NI NG DI STRI CTS AND REG ULATI O NS,” ARTI CLE V, “SPECI ALI ZED USE REG ULATI O NS,” TO CREATE DI VI SI O N 2, “ASSI STED LI VI NG AND M EDI CAL USES”, SECTI O NS 142-1252 TO CREATE M EDI CAL RELATED USE DEFI NI TI O NS, I NCL UDI NG BUT NO T L I M I TED TO DEFI NI NG ASSI STED LI VI NG FACI L I TI ES, CO M M UNI TY RESI DENTI AL HO M ES, CO M PREHENSI VE O UTPATI ENT REHABI LI TATI O N FACI L I TY, CRI SI S STABI LI ZATI O N UNI T; I NTENSI VE I NPATI ENT AND O UT PATI ENT TREATM ENT, AND RESI DENTI AL TREATM ENT CENTERS AND FACI L I TI ES; PRO VI DI NG FO R CLASSES O F M EDI CAL USES; AND PRO VI DI NG FO R A ZO NI NG USE SCHEDULE WI THI N THE VARI O US ZO NI NG DI STRI CTS O F THE CI TY, W HI CH DELI NEATES W HERE SAI D M EDI CAL REL ATED USES ARE CO NSI DERED PERM I TTED, CO NDI TI O NAL O R PRO HI BI TED USES; PRO VI DI NG FO R M I NI M UM ZO NI NG STANDARDS, DI STANCE SEPARATI O NS, HO URS O F O PERATI O N, AND SUPPLEM ENTAL CO NDI TI O NAL USE CRI TERI A; AM ENDI NG CHAPTER 102, “TAXATI O N,” ARTI CLE V, “LO CAL BUSI NESS TAX” AT SECTI O N 102-379, “SCHEDULE O F TAXES, EFFECTI VE O CTO BER 1, 2016” TO PRO VI DE NEW BUSI NESS TAX RECEI PT FO R SAI D USES; PRO VI DI NG F O R PENALTI ES, VI O L ATI O NS, AND APPEALS O F CI TATI O NS; AM ENDI NG CHAPTER 130, REL ATI NG TO O FF-STREET PARKI NG REQ UI REM ENTS FO R ALF AND M EDI CAL USES; AM ENDI NG CHAPTER 102, “TAXATI O N,” ARTI CL E V, “L O CAL BUSI NESS TAX” AT SECTI O N 102-379 “SCHEDULE O F TAXES, EFFECTI VE O CTO BER 1, 2016,” AS TO A CERTAI N BUSI NESS TAX RECEI PT VALUATI O NS; PRO VI DI NG FO R REPEALER; SEVERABI LI TY; CO DI FI CATI O N; AND AN EFFECTI VE DATE. 9:30 a.m. First Reading Public Hearing Planning Continued from O ctober 18, 2017 - R5 O Commissioner John Elizabeth Aleman R5 B AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AM ENDI NG SUBPART A - G ENERAL O RDI NANCES, O F THE CI TY CO DE, BY AM ENDI NG CHAPTER 54 "FLO O DS" AT SECTI O NS 54-39, ENTI TLED "ESTABL I SHM ENT O F DEVELO PM ENT PERM I T;" I N O RDER TO SPECI FI CALLY ADO PT THE CI TY 'S STO RM WAT ER M ASTER PLAN, AS M AY BE AM ENDED, AND TO REQ UI RI NG 5/7 VO TE O F FUL L CI TY CO M M I SSI O N TO LESSEN ANY O F THE STO RM WATER REQ UI REM ENTS CO NTAI NED I N CHAPTER 54; TO AM END SECT I O N 54-45, "PERM I T PRO CEDURES," TO CO RRECT THE TI TLE O F THE CI TY 'S STO RM WATER M ASTER PL AN; AND BY AM ENDI NG SUBPART B - "LAND DEVELO PM ENT REG ULATI O NS," BY AM ENDI NG SECTI O N 114-1, ENTI TLED "DEFI NI TI O NS," I N O RDER TO CO RRECT T HE NAM E O F THE CI TY 'S STO RM WATER M ASTER PLAN; PRO VI DI NG CO DI FI CATI O N; REPEALER; SEVERABI LI TY; AND AN EFFECTI VE DATE. 9:35 a.m. Second Reading Public Hearing Public Works First Reading on O ctober 18, 2017 - R5 P Commissioner John Elizabeth Aleman & Co- sponsored by Commissioner Joy Malakoff Page 4 of 376 R5 C AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, F LO RI DA, AM ENDI NG CHAPTER 6 O F THE CO DE O F THE CI TY O F M I AM I BEACH, ENTI TLED "ALCO HO L I C BEVERAG ES," ARTI CL E I , ENTI TLED "I N G ENERAL," SECTI O N 6-3 THEREO F, ENTI TL ED "HO URS O F SAL E/VI O LATI O NS," TO AM END THE HO URS O F PACKAG E SALES O F AL CO HO L I C BEVERAG ES (W HI CH I NCLUDE SALES O F ALCO HO L FO R O FF-PREM I SES CO NSUM PTI O N) I N THE M XE M I XED USE ENTERTAI NM ENT DI STRI CT, AND I N THE ADJO I NI NG CD-2 CO M M ERCI AL, M EDI UM I NTENSI TY DI STRI CT; AND PRO VI DI NG FO R REPEALER, SEVERABI L I TY, CO DI FI CATI O N, AND AN EFFECTI VE DATE. 9:37 a.m. Second Reading Public Hearing O ffice of the City Attorney First Reading on O ctober 18, 2017 - R5 B Vice-Mayor Ricky Arriola and Co-Sponsored by M ayor Philip Levine R5 D AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AM ENDI NG CHAPTER 18 O F THE M I AM I BEACH CI TY CO DE, ENTI TL ED “BUSI NESSES,” BY AM ENDI NG DI VI SI O N 2, ENTI TL ED, “VAL ET PARKI NG PERM I TS FO R USE O F PUBL I C PRO PERTY,” BY AM ENDI NG SECTI O N 18-343, ENTI TL ED, “PENALTI ES AND ENFO RCEM ENT; FI NE SCHEDULE; RI G HT O F APPEAL”; BY M O DI FY I NG THE FI NE AM O UNTS; PRO VI DI NG FO R REPEALER, SEVERABI L I TY, CO DI FI CATI O N, AND AN EFFECTI VE DATE. 9:38 a.m. Second Reading Public Hearing O ffice of the City Attorney First Reading on O ctober 18, 2017 - R5 T Commissioner Joy Malakoff R5 E NO RTH BEACH NATI O NAL REG I STER CO NSERVATI O N DI STRI CTS DEM O LI T I O N M O RATO RI UM : AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, PERTAI NI NG TO EXTENDI NG THE M O RATO RI UM THRO UG H J ANUARY 31, 2018 FO R THE FO LLO WI NG AREAS/PRO PERTI ES: PRO PERTI ES LO CATED BETW EEN TATUM WATERWAY DRI VE/BY RO N AVENUE O N THE W EST AND THE EASTERN LO T LI NES O F L O TS F RO NTI NG ABBO TT AVENUE O N THE EAST BETW EEN 77TH STREET O N THE SO UTH AND 86TH STREET O N THE NO RTH; THE PRO PERTI ES LO CAT ED BETWEEN THE TATUM WATERWAY O N THE W EST AND THE EASTERN LO T LI NES O F LO TS FRO NTI NG ABBO TT AVENUE O N THE EAST BETWEEN 75TH STREET O N THE SO UTH AND 77TH STREET O N THE NO RTH; THE PRO PERTI ES LO CATED AT 8519, 8525, AND 8527 CRESPI BO ULEVARD; THE PRO PERTI ES FRO NTI NG NO RM ANDY DRI VE FRO M RUE NO TRE DAM E O N THE WEST TO BAY DRI VE O N THE EAST; THE PRO PERTI ES FRO NTI NG 71ST STREET FRO M RUE NO TRE DAM E O N THE W EST TO BAY DRI VE O N THE EAST; T HE PRO PERTI ES FRO NT I NG THE EAST SI DE O F RUE VERSAI L L ES FRO M 71ST STREET TO BI ARRI T Z DRI VE; THE PRO PERTI ES FRO NTI NG BI ARRI TZ DRI VE FRO M RUE VERSAI L L ES O N THE WEST TO RUE VENDO M E O N THE EAST; THE PRO PERT I ES FRO NTI NG RUE VENDO M E FRO M 71ST STREET O N T HE NO RTH TO BREST ESPLANADE O N THE SO UT H; THE PRO PERTI ES FRO NTI NG BREST ESPLANADE; THE PRO PERTI ES FRO NTI NG THE W EST SI DE O F BAY DRI VE FRO M BREST ESPLANADE O N THE SO UT H TO 71ST STREET O N THE NO RTH; THE PRO PERTI ES FRO NTI NG THE EAST SI DE O F BAY DRI VE FRO M 71ST STREET O N THE SO UTH TO THE NO RM ANDY WATERWAY O N THE NO RTH; I M PO SI NG A TEM PO RARY M O RATO RI UM UPO N THE RECEI PT O F O R PRO CESSI NG O F APPLI CATI O NS, PERM I T S O R PENDI NG APPRO VAL S PERTAI NI NG TO DEM O LI TI O N O F STRUCTURES WI THI N THE AFO REDESCRI BED AREAS; PRO VI DI NG FO R AN EFFECTI VE DATE RETRO ACTI VE TO FI RST READI NG, O CTO BER 31, 2017; FO R ZO NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHALL BE EFFECTI VE UPO N FI RST READI NG O F THI S O RDI NANCE, AND NO APPLI CATI O NS FO R DEM O L I TI O N W I THI N THE DESI G NATED AREA SHALL BE ACCEPTED BY THE CI TY; PRO VI DI NG FO R EXCEPTI O NS; PRO VI DI NG FO R SEVERABI LI TY; REPEAL O F CO NFLI CTI NG O RDI NANCE PRO VI SI O NS; AND Page 5 of 376 PRO VI DI NG FO R AN EXPI RATI O N DATE. 9:40 a.m. First Reading Public Hearing Planning Vice-Mayor Ricky Arriola R5 F NO RTH BEACH TATUM WATERWAY CO NSERVATI O N DI STRI CT DEM O LI T I O N M O RATO RI UM : AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, EXTENDI NG THE M O RATO RI UM THRO UG H JANUARY 31, 2018, FO R PRO PERTI ES FRO NT I NG O N TATUM WATERWAY AND L O CATED O N THE WEST SI DE O F TATUM WATERWAY DRI VE AND BY RO N AVENUE FRO M 77TH STREET TO 87TH STREET, PRO PERTI ES LO CATED O N THE EAST SI DE O F HAW THO RNE AVENUE FRO M 77TH STREET TO CRESPI BO UL EVARD, PRO PERTI ES L O CATED O N THE EAST SI DE O F CRESPI BO UL EVARD FRO M HAW THO RNE AVENUE TO 85TH STREET, AND PRO PERTI ES L O CATED O N T HE NO RTH SI DE O F 85TH STREET BET WEEN CRESPI BO UL EVARD AND BY RO N AVENUE; I M PO SI NG A TEM PO RARY M O RATO RI UM UPO N THE RECEI PT O F O R PRO CESSI NG O F APPLI CAT I O NS, PERM I TS O R PENDI NG APPRO VAL S PERTAI NI NG TO DEM O LI TI O N O F STRUCTURES O N TATUM WATERWAY; FO R ZO NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHALL BE EFFECTI VE UPO N FI RST READI NG O F T HI S O RDI NANCE, AND NO APPL I CATI O NS FO R DEM O LI TI O N WI THI N THE DESI G NATED AREA SHALL BE ACCEPTED BY THE CI TY; PRO VI DI NG FO R EXCEPTI O NS; PRO VI DI NG FO R SEVERABI L I TY; REPEAL O F CO NFL I CTI NG O RDI NANCE PRO VI SI O NS; AND PRO VI DI NG FO R AN EXPI RAT I O N DATE. 9:41 a.m. First Reading Public Hearing Planning Vice-Mayor Ricky Arriola R7 - Resolutions R7 A A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, ADO PTI NG THE FO URT H AM ENDM ENT TO T HE G ENERAL FUND, ENTERPRI SE FUND, I NTERNAL SERVI CE FUND, AND SPECI AL REVENUE FUND BUDG ETS FO R FI SCAL Y EAR (FY ) 2016/17. 9:44 a.m. Public Hearing Budget and Performance I mprovement R7 B A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, ADO PTI NG THE FI RST AM ENDM ENT TO THE CAPI TAL BUDG ET FO R FI SCAL Y EAR 2017/18. 9:45 a.m. Public Hearing Budget and Performance I mprovement R7 C A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, ADO PTI NG THE FI RST AM ENDM ENT TO THE G ENERAL FUND, ENTERPRI SE FUND, I NTERNAL SERVI CE FUND, AND SPECI AL REVENUE FUND BUDG ETS FO R FI SCAL Y EAR (FY ) 2017/18. 9:50 a.m. Public Hearing Budget and Performance I mprovement R7 D A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, FO LLO W I NG A DULY NO TI CED PUBLI C HEARI NG , AS REQ UI RED PURSUANT TO SECTI O N 82-37(a)(2) O F THE CI TY CO DE, APPRO VI NG THE VACAT I O N O F 25 FEET O F A 50 FO O T RI G HT-O F-WAY (CI TY 'S RO W), LO CAT ED AT THE W ESTERLY END O F WEST 59TH STREET, AS SHO W N O N THE LA G O RCE-G O L F SUBDI VI SI O N, DATED APRI L 8, 1925, AT PLAT BO O K 14, PAG E 43, O F THE PUBL I C RECO RDS O F M I AM I -DADE CO UNTY, CO NSI STI NG O F 5,036 SQ UARE FEET ("VACATED AREA"), WHI CH VACATED AREA I S DELI NEATED I N THE ATTACHED CO M PO SI TE EXHI BI T "A", I N FAVO R O F THE ADJ ACENT PRO PERTY O WNER AM BASSA HO LDI NG S, I NC., (THE APPLI CANT); AND FURT HER CO NDI TI O NI NG THE Page 6 of 376 VACATI O N O N: (1) THE G RANT O F A Q UI T CLAI M DEED TO THE APPL I CANT BY THE CI TY FO R THE VACATED AREA, ATTACHED HERETO AS EXHI BI T B; (2) THE G RANT O F A Q UI T CLAI M DEED BY THE APPL I CANT TO THE CI TY FO R THE NO RTHERN HALF O F APPLI CANT'S UNENCUM BERED PARCEL L O CATED O N LO T 25, BETW EEN THE CI TY 'S RO W AND BI SCAY NE BAY (UNENCUM BERED PARCEL), ATTACHED HERETO AS EXHI BI T C; (3) THE G RANT O F AN EASEM ENT FRO M APPLI CANT TO THE CI TY ACRO SS THE VACATED AREA FO R PUBL I C PURPO SE USE; AND ALO NG THE SO UTHERN PO RTI O N O F THE APPL I CANT'S UNENCUM BERED PARCEL TO AL L O W THE CI TY TO PRO VI DE A PUBL I C UTI LI T Y EASEM ENT TO BI SCAY NE BAY, ATTACHED HERETO AS EXHI BI T D; AND (4) APPLI CANT'S PAY M ENT O F A VO L UNTARY M O NETARY CO NTRI BUTI O N, I N THE AM O UNT O F $300,000; W HI CH VACATI O N I S SUPPO RTED BY THE ANALY SI S PREPARED PURSUANT TO SECTI O N 82-38, O F THE CI TY CO DE, BY THE CI TY 'S PL ANNI NG DEPARTM ENT; AND AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE THE Q UI T CLAI M DEED. 9:51 a.m. Public Hearing Public Works Continued from O ctober 18, 2017 - R7 C R7 E A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, ACCEPTI NG THE PRO PO SAL FRO M THE SABRI NA CO HEN FO UNDATI O N, I NC., A FLO RI DA NO T-FO R-PRO F I T CO RPO RATI O N (“FO UNDATI O N”), FO R THE FO UNDATI O N, A PUBL I C CHARI TY, TO FUND-RAI SE AND CO NTRI BUTE AL L O F THE EXPENSES REL ATED TO THE CI TY ’S DESI G N, DEVEL O PM ENT AND CO NSTRUCTI O N O F A CI TY-O WNED PARKS AND RECREATI O N FACI LI TY (THE “FACI LI TY ” O R “CENTER”), TO BE LO CATED AT A PO RTI O N O F THE CI TY ’S “P72” SURFACE PARKI NG LO T AT 53RD STREET AND CO LLI NS AVENUE (THE “P72 L O T”), AND WHI CH FACI LI TY, O NCE CO M PLETED, W I LL BE USED AS AN ADAPTI VE RECREATI O N CENTER SERVI NG PERSO NS WI TH PHY SI CAL AND CO G NI TI VE DI SABI L I TI ES, I NCLUDI NG SENI O RS LI VI NG WI TH DI SABI L I TI ES AND ABLE-BO DI ED I NDI VI DUALS WI TH TEM PO RARY I NJURI ES, W I TH T HE I NTENT O F EXPANDI NG THE CI TY ’S ACCESSI BLE BEACH PRO G RAM M I NG FO R THE BENEFI T O F THE G ENERAL PUBLI C; PRO VI DI NG THAT THE FO O T PRI NT FO R THE FACI L I TY SHALL BE APPRO XI M ATELY, BUT NO T M O RE THAN, 5,000 SQ UARE FEET, W I TH A M AXI M UM HEI G HT O F TWENTY FO UR (24) FEET, AND CO NTAI NI NG A BUI LDI NG HAVI NG NO M O RE T HAN 10,000 SQ UARE FEET, WI TH THE FI NAL LO CATI O N FO R THE FACI L I TY AT THE P72 LO T TO BE DETERM I NED BY THE CI TY CO M M I SSI O N; PRO VI DI NG THAT AL L PLANS AND SPECI FI CATI O NS FO R THE FACI L I TY SHAL L BE SUBJ ECT TO APPRO VAL BY THE CI T Y; AND FURTHER, PRO VI DI NG FO R THE FO UNDATI O N TO M ANAG E, O PERATE AND M AI NTAI N THE ADAPTI VE RECREATI O N CENTER O N THE CI TY ’S BEHALF, FO R A TERM O F NI NE (9) Y EARS, CO M M ENCI NG UPO N THE CI TY ’S CO M PLETI O N O F THE CO NSTRUCTI O N O F THE FACI LI TY; FURTHER ACCEPT I NG THE WRI TTEN RECO M M ENDATI O N O F THE CI TY M ANAG ER (AS FURT HER SET FO RT H I N THE CI TY CO M M I SSI O N M EM O RANDUM ACCO M PANY I NG THI S RESO L UTI O N) AND WAI VI NG , BY 5/7T H VO T E, THE FO RM AL CO M PETI TI VE BI DDI NG REQ UI REM ENT, FI NDI NG SUCH WAI VER TO BE I N THE BEST I NTEREST O F THE CI TY, AND APPRO VI NG , I N SUBSTANTI AL FO RM, A FUNDI NG, CO LLABO RATI O N AND M ANAG EM ENT AG REEM ENT W I TH THE F O UNDATI O N; AND AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE AN AG REEM ENT SUBSTANTI ALLY I N THE FO RM ATTACHED TO THE CO M M I SSI O N M EM O RANDUM ACCO M PANY I NG THI S RESO L UTI O N. 9:55 a.m. Public Hearing Parks and Recreation Deferred from September 25, 2017 - R7 S Commissioner Joy Malakoff R7 F A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, APPRO VI NG PACI FI C 2.1 ENTERTAI NM ENT, TO CLO SE SO UTHBO UND CO LLI NS AVENUE, A M AJ O R RO ADWAY, FRO M 52ND STREET TO 53RD STREET, RERO UTI NG TRAFFI C TO A SI NG L E LANE O N THE WESTERN PO RTI O N O F Page 7 of 376 NO RTHBO UND CO LL I NS AVENUE, FRO M THURSDAY, NO VEM BER 16, 2017 AT 10:00 A.M. THRO UG H SATURDAY, NO VEM BER 18, 2017 AT 5:00 A.M., NO T I NCLUDI NG DURI NG RESTRI CTED RUSH HO UR PERI O DS FRO M 7:00 A.M . TO 10:00 A.M . AND FRO M 3:30 P.M. TO 7:00 P.M., TO AL L O W THE FI LM I NG O F “AM ERI CAN CRI M E STO RY: VERSACE,” BY RE-CREATI NG THE TRUE LO CATI O N O F THE HO USEBO AT CO NCL USI O N AND SUBSEQ UENT PO L I CE I NVESTI G ATI O N O F THE ANDREW CUNANAN CASE FRO M 1997.Tourism, Culture and Economic Development R7 G A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, APPRO VI NG THE CI TY ’S 2018 STATE L EG I SLATI VE AG ENDA. O ffice of the City Manager R7 H A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, (1) APPRO VI NG AND AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE A SETTLEM ENT AG REEM ENT BETWEEN THE CI TY O F M I AM I BEACH, FLO RI DA AND SUNTRUST BANK, N.A. WI TH RESPECT TO THE 2016 THEFT O F FUNDS THAT O CCURRED FRO M O NE O F THE CI TY ’S SUNTRUST ACCO UNTS, I NCL UDI NG, AM O NG O THER TERM S, A PAY M ENT BY SUNTRUST TO THE CI T Y I N THE M I NI M UM AM O UNT O F $515,159.00; (2) APPRO VI NG AND AUTHO RI ZI NG THE M AY O R AND CI TY CLERK TO EXECUTE AM ENDM ENT NO. 1 TO THE TREASURY M ANAG EM ENT M ASTER AG REEM ENT BETW EEN THE CI TY AND SUNTRUST BANK, N.A., DATED FEBRUARY 1, 2013, FO R THE PRO VI SI O N O F VARI O US BANKI NG SERVI CES, I NCO RPO RATI NG THE TERM S O F THE SETTLEM ENT AG REEM ENT; (3) APPRO VI NG A TERM SHEET FO R A G LO BAL SETTLEM ENT AG REEM ENT AM O NG THE CI TY, SUNTRUST BANK, N.A., STR M ARKETPLACE, L L C., AND BANK O F AM ERI CA, N.A., WI TH RESPECT TO THE 2016 THEFT O F FUNDS, I NCL UDI NG, AM O NG O THER TERM S, A PAY M ENT BY STR M ARKETPLACE, LLC TO THE CI TY I N THE AM O UNT O F $900,000.00; (4) AUTHO RI Z I NG THE M AY O R AND CI TY CLERK TO EXECUTE T HE G LO BAL SETTL EM ENT AG REEM ENT (CO NSI STENT W I TH THE TERM SHEET APPRO VED HEREI N), I N A FO RM ACCEPTABLE TO THE CI TY AT TO RNEY; AND (5) RATI FY I NG ALL ACTI O NS UNDERTAKEN BY THE CI TY M ANAG ER W I TH RESPECT TO THE RECO VERY O F THE CI TY ’S FUNDS STO LEN FRO M THE CI TY ’S SUNTRUST ACCO UNT. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) Finance R9 - New Business and Commission Requests R9 A DI SCUSSI O N REG ARDI NG THE F I NAL REPO RT AND RECO M M ENDATI O NS M ADE BY THE M AY O R’S AD HO C BL UE RI BBO N STEERI NG CO M M I TTEE O N THE CO NVENT I O N CENTER HO TEL. Tourism, Culture, and Economic Development Deferred from O ctober 18, 2017 - R9 F R9 B UPDATE O N THE PRO PO SED LO CAL HI STO RI C DI STRI CTS I N NO RTH BEACH. Planning Deferred from O ctober 18, 2017 - R9 M R9 C DI SCUSS CREATI NG A DEDI CATED SO CCER FI ELD AT BI SCAY NE EL EM ENTARY SCHO O L. Parks and Recreation Vice M ayor John Elizabeth Aleman R9 D DI SCUSSI O N O N THE REQ UEST FO R L ETTERS O F I NTEREST (RFL I ) RESULTS FO R THE TEM PO RARY SKATE PARK. Page 8 of 376 Parks and Recreation Commissioner Ricky Arriola R9 E BDO UPDATE. Finance R9 F PRESENTAT I O N O F FI NAL ECO NO M I C I M PACT STUDY PERF O RM ED BY FI U M ETRO PO LI TAN CENTER. O ffice of the City Manager R9 G PO ST HURRI CANE I RM A BEACH RESTO RATI O N EFFO RTS PRESENTATI O N. O ffice of the City Manager Mayor Phillip Levine Notices 1.ADVERTI SEM ENTS. 2.TI M E CERTAI N. Page 9 of 376 C ommission C ommittee Assignments - C 4 A CO MMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:R EFE RRAL T O T HE FINANCE AN D CIT YWID E PROJ ECT S CO M M IT T E E - D IS CUSSION R EG AR D ING T HE T RAC KIN G OF T OTAL S HORT T E R M RE N TAL VIOLAT IONS IM PO SE D AGAINST PROP ERT Y OWNE R S. R ECO MMENDATI ON Referral to the Finance and Citywide Projects Committee to discuss the tracking of total short term rental violations imposed against property owners. Legislativ e Tracking Finance Sponsor Commissioner John Elizabeth Aleman Page 10 of 376 C ommission C ommittee Assignments - C 4 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:R EFE RRAL T O T HE N EIGHB ORHOOD/CO M M U N IT Y AFFAIRS COMMIT T EE TO D IS CUSS T HE AD OP T A BE N CH APPL ICAT IO N FROM MAXIMIL IAN CAMIN O. R ECO MMENDATI ON C ommission to refer item to the Neighborhood/C ommunity A ffairs C ommittee for further discussion. AN ALYS IS On November 9, 2016, City Commission passed Resolution No. 2016-29649 supporting the creation of an “Adopt-A-Bench Program”, similar to the Central Park Conservancy’s Program in New York City. T he program provides the public an opportunity to purchase park benches to commemorate loved ones or special events, and would be an additional means to finance the beautification of City parks. On September 5, 2017, the Parks and Recreation Department received its first application for the Adopt-A-Bench Program (Exhibit A). T he applicant has selected a bench in South Pointe Park, and would like the commemorative plaque to read, “Maximilian and Dimitri Camino” (Exhibit B). Legislativ e Tracking Parks and Recreation Sponsor Commissioner Kristen Rosen Gonzalez AT TAC H ME N T S: Description Exhibit A – Maximilian Camino Adopt-A-Benc h Application Exhibit B – Proposed Site Plan and Bench Plaque Page 11 of 376 Scanned by CamScanner Page 12 of 376 Scanned by CamScanner Page 13 of 376 Scanned by CamScanner Page 14 of 376 Scanned by CamScanner Page 15 of 376 Scanned by CamScanner Page 16 of 376 Scanned by CamScanner Page 17 of 376 Scanned by CamScanner Page 18 of 376 Scanned by CamScanner Page 19 of 376 Scanned by CamScanner Page 20 of 376 Location of bench within South Pointe Park Requested Bench Commemorative Bench Plaque Site Plan for Proposed Bench Adoption Page 21 of 376 Resolutions - C 7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI B EACH, F LORIDA, APP R OVING AND AU T HORIZ ING T HE MAY OR AN D C IT Y CL ERK T O EXE C U T E AM ENDME N T NO. 1 TO T H E PRO F ES SIONAL SE RVICES AGR EE MENT B ET WEEN T HE C IT Y OF MIAM I BE ACH, FL ORIDA AN D STANLE Y CONSU LTAN T S, INC., F OR EXT ENDE D E MER GE N C Y DISAS T E R D EB RIS MONIT ORING SERVIC ES, IN AN AMOUNT NO T-T O-E XC EE D $500,000.00, FO R A T OTAL C ONT R ACT PRIC E IN AN AMOUNT NO T-T O-E XC EE D $1,000,000.00. R ECO MMENDATI ON T he Administration recommends that the City Commission approve the resolution. AN ALYS IS On September 6, 2017, in advance of Hurricane Irma, the City of Miami Beach declared a state of emergency, pursuant to Section 26-31 of the City Code. After Hurricane Irma made landfall, on September 13, 2017, and then again on September 18, 2017, the City Commission ratified and extended the state of emergency within the City. On September 18, 2017, as part of the City’s emergency recovery efforts following Hurricane Irma, the City Manager, executed a Professional Services Agreement with Stanley Consultants, Inc., to provide emergency disaster debris monitoring services for the City of Miami Beach, in the amount of $500,000.00. In order to finalize the removal and disposal operations of Hurricane Irma related debris, it is required to extend the emergency disaster debris monitoring services, in an amount not-to-exceed $500,000.00. T his Amendment No. 1 will provide for extended emergency disaster debris monitoring, for an additional not-to exceed amount of $500,000.00, for a total contract price not-to-exceed $1,000,000.00. C O N C L U S IO N T he Administration recommends that the City Commission approve the resolution. Page 22 of 376 Legislativ e Tracking Capital Improvement Projects AT TAC H ME N T S: Description Stanley Reso Page 23 of 376 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 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND STANLEY CONSULTANTS, INC., FOR EXTENDED EMERGENCY DISASTER DEBRIS MONITORING SERVICES, IN AN AMOUNT NOT-TO-EXCEED $500,000.00, FOR A TOTAL CONTRACT PRICE IN AN AMOUNT NOT-TO-EXCEED $1,000,000.00. WHEREAS , on September 6 , 2017, in advance of Hurricane Irma, the City of Miami Beach declared a state of emergency , pursuant to Section 26-31 of the City Code; and WHEREAS , after Hurricane Irma made landfall , on September 13 , 2017 , and then again on September 18, 2017 , the City Commission ratified and extended the state of emergency within the City ; and WHEREAS, on September 18, 2017, as part of the City's emergency recovery efforts following Hurricane Irma, the City Manager, executed a Professional Services Agreement (the Agreement) with the Consultant to provide emergency disaster debris monitoring services for the City of Miami Beach, in the amount of $500,000.00; and WHEREAS , this Amendment No. 1 will provide for extended emergency disaster debris monitoring, for an additional not-to exceed amount of $500 ,000 .00, for a total contract price not- to-exceed $1 ,000 ,000.00. NOW, THEREFORE , BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement between the City of Miami Beach , Florida and Stanley Consultants, Inc ., for extended emergency disaster debris monitoring services , in an amount not-to-exceed $500 ,000 , for a total contract price in an amount not-to-exceed $1 ,000 ,000 .00 . PASSED and ADOPTED this __ day of ______ , 2017 . ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO FOR & LANGU AGE R ECUTION I Y) I') L."") CityAttomey MP ~I Page 24 of 376 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND STANLEY CONSULTANTS, INC. FOR EXTENDED EMERGENCY DISASTER DEBRIS MONITORING SERVICES This Amendment No . 1 to the Agreement made and entered this __ day of ____ _ 2017 , by and between the CITY OF MIAMI BEACH , a municipal corporation existing under the laws of the State of Florida , having its principal offices at 1700 Convention Center Drive , Miami Beach , Florida 33139 (hereinafter referred to as CITY), and Stanley Consultants , Inc ., having its offices at 225 Iowa Avenue , Muscatine, IA 52761 (hereinafter referred to as CONSUL TANT). RECITALS WHEREAS, on Septembe r 18, 2017, the City Manager executed an emergency Professional Services Agreement (the Agreement) with the Consultant to provide emergency d isaster debris monitoring services for the City of Miami Beach , in the amount of $500,000 ; and WHEREAS, this Amendment No. 1 will provide for extended emergency disaster debris monitoring , and increases the contract's not-to-exceed amount by an additional $500 ,000 ; and NOW, THEREFORE, the parties hereto , and in consideration of the mutual promises , covenants, agreements , terms, and conditions herein contained , and other good and valuable consideration , the respect and adequacy are hereby acknowledged , do agree as follows : 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of th is Amendment No . 1. 2. MODIFICATIONS Section 2 of the Agreement, entitled Compensation , is amended as follows (with additions appearing underlined, and deletions as strikethroughs : Compensation. CLIENT shall compensate CONTRACTOR for CONTRACTOR's services as stated in Exhibit 2. The total compensation for all Services under this Agreement shall not exceed $500,000 One Million Dollars ($1 ,000,000). Any amount in excess of the $500 ,000 $1,000,000 not-to-exceed amount specified herein , shall be subject to the advance written approval of the City , via a duly executed amendment to this Agreement. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended , are unchanged. 4 . RATIFICATION Page 25 of 376 The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above . ATTEST: Rafael E. Granado , City Clerk ATTEST: Secretary Print Name CITY OF MIAMI BEACH , FLORIDA Jimmy L. Morales City Manager CONSUL TANT: STANLEY CONSULTANTS, INC. Vice-President John Downes Page 26 of 376 Resolutions - C7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BEACH, F LO R IDA, AP PROVIN G T H E S ET T L EMENT B ET WEE N T HE C IT Y, AN D N ORMAND Y L IVING, L LC, AND AU T HORIZING T HE C IT Y MAN AGE R AN D C IT Y AT TORNEY TO TAKE T HE N ECE SS ARY AND APP R OP RIAT E S T E PS F OR T H E IMPL EME NTAT ION T HERE OF; AND FURT HE R AUT H ORIZ ING T HE MAYOR AND CIT Y C LE R K T O E XECUT E AN Y DOC UMENT S AN D/OR AGRE EMENT S, AS R EQ U IRE D, TO EFFE CT UAT E T HE T E R MS OF T HE SE T T LEMEN T. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) AN ALYS IS Legislativ e Tracking Office of the City Attorney Page 27 of 376 Resolutions - C7 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE ACH, FL ORIDA, ACCE PT ING T HE R ECO MMENDAT ION OF T H E CIT Y MANAGER, P URSUAN T TO REQUE ST F OR QUALIFIC AT IONS N O. 2017-242-WG, F OR S TAT E LE GISL AT IVE CONSU LT ING SE RVIC ES; AUT H ORIZ ING T HE AD MINIST RAT IO N TO E N T E R IN T O N EGOT IAT IONS WIT H SO U T HE R N ST R AT EGY GR OUP O F M IAMI, LL C; FURT HE R, S H OUL D T HE AD MINIST RAT IO N N OT B E SUCCE SS F U L IN N EG OT IAT ING AN AG R EE MENT WIT H SO U T HE R N S T RAT EGY GRO U P OF M IAMI, LL C, AUT HO R IZIN G T HE AD MINIST RAT IO N T O ENT E R INT O NEGOT IAT IO N S WIT H RUT LE D GE ECE N IA, P.A.; AN D F URT HER AUT H ORIZ ING T HE MAYOR AN D C IT Y C LE R K TO EXE CUT E AN AGRE EME N T UPON CON CLUSION OF S U C C ES SFUL N EGOT IAT IONS B Y T H E ADMINIST RAT ION. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) R ECO MMENDATI ON AN ALYS IS C O N C L U S IO N Legislativ e Tracking Office of the Mayor and Commission/Procurement AT TAC H ME N T S: Description Attachment A Page 28 of 376 ATTACHMENT A RFQ 2017-242-WG State Legislative Consulting Services Judy Hoanshelt Ranking Marcia Monserrat Ranking Elizabeth Wheaton Ranking Low Aggregate Totals Ranking Colodny Fass P.L.L.C. 80 3 87 3 94 2 8 3 Rutledge Ecenia, P.A. 86 2 90 2 93 3 7 2 Southern Strategy Group of Miami , LLC 88 1 93 1 95 1 3 1 Page 29 of 376 Resolutions - C7 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI B EACH, F LORIDA, APP R OVIN G ART BAS EL US COR P., TO C LOSE WAS HINGT O N AVENUE, A MAJ O R ROAD WAY, FROM 17T H ST R EE T TO DADE BOULE VARD, F R OM MON D AY, DECE M BE R 4, 2017 AT 7:00 AM T H R OUGH MONDAY, DE CEMBER 11, 2017 AT 7:00 AM, INC L UDIN G R ES T RIC T E D RUS H H OUR PER IO D S, T O ALL OW T HE 2017 EDIT ION OF ART B ASEL IN MIAMI BE ACH TO PRO VIDE A MAIN E N T RANCE ON T HE E AST SID E OF T H E MIAMI BE ACH CONVE N T ION C ENT ER, WHICH IS CURRE N T LY B EING RE N OVAT ED. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) Legislativ e Tracking Tourism, Culture and Economic Development Page 30 of 376 Resolutions - C 7 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE ACH, FL ORIDA, ACCE PT ING T HE R ECO MMENDAT ION OF T H E CIT Y MANAGER, P URSUAN T TO R EQUEST F OR QU ALIF ICAT IONS (RFQ) NO. 2017- 119-K B, S MART CIT Y ST R EE T L IGH T ING SYST E M – D ES IG N, BUILD, OP ERAT E, AND M AINTAIN. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) Legislativ e Tracking Public Works/Procurement Page 31 of 376 Resolutions - C7 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:C ommissioner J ohn Elizabeth Aleman D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE AC H, F LORIDA, AUT H ORIZ ING T HE AD MINIST RAT IO N TO N EGOT IAT E AN AGR EE MENT WIT H T H E SCHOOL BOAR D OF MIAMI-DADE C OUNT Y P U BL IC SCHO OL S; SAID AGRE EME NT, IN MAT ERIAL PART, PROVIDING F O R A C IT Y CO N T RIBUT ION TOWARD T H E M AINT ENANCE OF T HE AT HL ET IC FIEL D AT MIAMI BEACH SE N IOR HIGH SCHOO L, T H R OUGH MAT CHING FUNDS, IN AN AMOU NT N OT TO E XCE ED $22,000 AN NUALLY, TO ENS URE T HAT O N E-HUNDRE D P ERCE N T (100%) OF T HE SCHOOL'S AT HL ET IC FIEL D IS U SAB LE D U R ING T HE R EMAIN D ER OF T HE 2017-18 SCHOOL YE AR; AU T HORIZING T HE RENEWAL OF T HE AG R EE MENT F OR UP T O T WO (2) AD D IT ION AL O N E-Y EAR T E R M S T HEREAFT ER (S UBJECT TO AN N UAL B UDGETARY AP PRO VAL B Y T H E C IT Y CO M M IS SION); AN D AD D RESSING P OS SIBL E US AGE, BY T H E CIT Y, OF T HE AT HL ET IC FIEL D AF T E R-SCH OO L HO U R S AND D U R ING WE EKEN D S; AN D FURT HE R AU T HORIZING T HE CIT Y M AN AGE R TO EXECUT E T HE AGR EE MENT U PON C ONCL USIO N O F S U C C ES SFUL NEGO T IAT IONS B Y T HE ADM INIST R AT ION. (TO BE S U B MI T T ED I N S UPPLE M ENTAL) AN ALYS IS Resolution to be submitted as a supplemental item. K E Y IN T E N D E D O U TC O ME S S U P P O R TE D Achieve Educ ational (K-12) Excellence Legislativ e Tracking Organizational Development/Parks and Recreation Page 32 of 376 Ordinances - R 5 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:30 a.m. First Re ading Public He aring S UB J E C T:ASS IS T ED L IVING FAC IL IT Y AND MEDIC AL US E Z ONIN G REGUL AT IONS: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, F LORIDA, AMENDING C H APT ER 130, “OFF-S T RE ET PARK ING,” ART ICL E II, “DIST R ICT; R EQ U IRE MENT S,” T O ES TAB LISH PARK ING R EQUIREME N T S FOR AS SIST E D L IVING FACIL IT Y, ADULT DAY CARE C ENT ER, MEDICAL OFFIC E, AND RE LAT ED US ES; AMENDIN G CHAPT E R 142, “ZON ING D IS T RICT S AND RE GUL AT IO N S,” ART ICL E V, “S PE C IAL IZE D U SE R EGULAT IONS,” T O CRE AT E DIVIS IO N 2, “AS SIST ED L IVING AND ME D ICAL U SE S”, SE C T IONS 142-1252 TO CRE AT E ME D ICAL RE LAT E D U SE D EFINIT IONS, INCL U D ING BUT N OT L IMIT E D TO D EFIN ING ASSIST ED LIVING FACILIT IES, C OMMUNIT Y RESIDE N T IAL H OME S, CO M PRE H ENS IVE OUT PAT IENT RE H ABILITAT ION FAC IL IT Y, CRISIS S TABIL IZ AT ION UNIT; INT ENS IVE INPAT IENT AND O U T PAT IENT T REAT M ENT, AND RE SID ENT IAL T RE AT MENT CE N T E R S AN D FACILIT IES; P ROVIDIN G FO R C LAS SE S OF MEDICAL USES; AND P R OVID ING FOR A Z ONING USE SCHE D U LE WIT HIN T HE VARIOU S Z ONIN G D IS T RICT S OF T HE CIT Y, WHICH DELINE AT E S WH ERE SAID MEDIC AL RE LAT ED USES AR E C ONS IDERED P ERMIT T ED, C ONDIT IONAL OR PROHIBIT E D US ES; PRO VIDIN G F OR M INIMU M ZON ING STANDARDS, DISTAN C E S EPARAT IO N S, H OURS OF OP ERAT IO N, AN D SUP PL EMENTAL CO N D IT IO N AL US E C R IT ERIA; AME N D ING CHAP T E R 102, “TAXAT ION,” ART ICL E V, “L OCAL BUS INE SS TAX” AT S ECT IO N 102-379, “S C HEDUL E OF TAXES, EFFE C T IVE OCTOBER 1, 2016” T O PRO VIDE NE W BUS INE SS TAX R ECE IP T F OR S AID US ES; P ROVIDIN G FO R PE N ALT IE S, VIOLAT IONS, AN D AP PE ALS OF C ITAT IONS; AMENDING C H APT ER 130, R EL AT ING TO OFF-S T RE ET PAR KING RE QUIREMENT S F OR ALF AN D MEDICAL U SE S; AMENDING CHAP T E R 102, “TAXAT ION,” ART ICLE V, “L OCAL BUS INE SS TAX” AT S ECT IO N 102-379 “SCHE DULE O F TAXE S, E F F ECT IVE OCTOBER 1, 2016,” AS T O A CE RTAIN BUS INE SS TAX RE CEIP T VALUAT ION S; PROVIDING F OR R EP EAL E R; SEVERAB IL IT Y; CO D IFIC AT ION; AN D AN EFFE CT IVE DAT E. R ECO MMENDATI ON T he Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. AN ALYS IS H I STORY Page 33 of 376 On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee (Item C4K). On February 15, 2017, the Land Use and Development Committee discussed the item and continued it to March 8, 2017. On March 8, 2017, the Land Use and Development Committee discussed the item and continued it to the April 19, 2017 meeting. On April 26, 2017, the City Commission referred the item to the Health Advisory Committee for discussion and recommendation (Item C4E). On May 15, 2017, the Health Advisory Committee discussed the item and recommended that it have a workshop to review the proposal in further detail prior to making a recommendation. On June 14, 2017, the Land Use and Development Committee discussed the item and took no action. On June 19, 2017, the Health Advisory Committee held a workshop and recommended that the ordinance incorporate the modifications provided in an attached handout. On June 28, 2017, the City Commission referred the proposed ordinance to the Planning Board for review and recommendation (Item C4A). B A C K GROU N D T he City Commission has approved a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACL F). In addition to AC LF’s, the moratorium applies to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses. T he moratorium is in place until December 31, 2017. T he City has identified the need to update the City Code as it pertains to definitions and regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers. Additionally, the term adult congregate living facility (ACL F) has become obsolete and, as currently defined in the City Code, needs to be updated to conform to state law. In addition to replacing the obsolete term ‘ACLF’ with “assisted living facility,” the City Code needs to be revised to include proper licensure requirements and to comply with state law requirements. PLANNI NG A NALY SI S Initial research on state statutes and various municipal codes related to medical uses has been done. T he City of Pompano Beach has been found to have very detailed requirements for such uses in their land development regulations. Staff has also undertaken a review of medical uses within the City, utilizing business tax receipt (BT R) information, along with information from various State agencies that are responsible for the regulation of medical uses. T he City currently has 25 BT R classifications for medical uses. Some medical uses have been identified where it may be beneficial to establish new classifications in order to better account for the variety of medical uses and impacts. It is the intent of the ordinance to utilize terms that are consistent with the licenses issued by State agencies, including the Florida Agency for Healthcare Administration (AHCA), Florida Department of Health, and the Florida Department of Children and Families (DCF). T his will ensure transparency for the zoning requirements for medical uses. A suitability analysis has also been undertaken for various medical uses. For the purposes of this analysis, medical uses have been categorized by the intensity of their impact and whether or not they Page 34 of 376 allow for overnight stays or permanent residence. Classes one (1) to three (3) would not allow for overnight stays, while classes four (4) to eight (8) would allow for overnight stays or permanent residence. Generally, all of the uses within a particular class would have a similar impact on the surrounding areas. T he classes are generally as follows: • Classes one (1) to three (3) would generally not allow for overnight stays: o Class 1 – Medical uses that have an impact similar to, and often incorporate retail uses. T hese may include Optician, Retail Clinic, Adult Day Care Center, Electrology Facility, and Medical Office. T hese uses are often seen as a small accessory use to large-scale residential and hotel uses as well. T hese uses could be appropriate in up to 20 of the City’s zoning districts. o Class 2 – Medical uses that generally provide medical care throughout extended working hours, along with diagnostic and testing services. T hese may involve the generation of higher levels of medical waste than Class I, and generate higher levels of traffic. T hese uses are often located within office or retail buildings, and typically schedule appointments with patients during standard working hours. T hese may include Ambulatory Surgical Center (ASC), Laboratory, Comprehensive Outpatient Rehabilitation Facility, End-Stage Renal Disease Center, Health Care Clinic, Prescribed Pediatric Extended Care Center, Urgent Care Center, Women’s Health Clinic, Pathologist, and Rehabilitation Agency. T hese uses could be appropriate in up to ten (10) of the City’s zoning districts. o Class 3 – Medical uses which typically dispense pharmaceuticals as part of their treatment plan. T hese may involve frequent visits from patients who may require services from the facility on a daily basis. T hese may include Detoxification Centers, Intensive Outpatient Treatment Facilities, and Pain Management Clinics. T hese could be appropriate in up to six (6) of the City’s zoning districts. • Classes four (4) to eight (8) would allow for overnight stays or permanent residence: o Class 4 – A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine in a residential setting. Such a facility may have no more than six (6) residents. T his includes Adult Family Care Home, Assisted Living Facilities, Community Residential Homes, Homes for Special Services, Hospice Facility, Intermediate Care Facility Developmentally Disabled, and Residential Treatment Facility (Level V). T hese facilities are often located in single family areas and could be appropriate in up to 26 of the City’s zoning districts. o Class 5 – A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine in a residential setting. Such a facility may have no more than 14 residents. T his includes Adult Family Care Home, Assisted Living Facilities, Community Residential Homes, Homes for Special Services, Hospice Facility, Intermediate Care Facility Developmentally Disabled, and Residential Treatment Facility (Level V). T hese could be appropriate in up to 17 of the City’s zoning districts. o Class 6 – A category in which mmedical uses generally provide 24-hour medical supervision and may implement medication management and other medical care for its residents. However, the patients do not pose a physical danger to themselves or others. T hey are typically in a residential setting; however, they may have some institutional components. T hey may contain recreational amenities to improve the quality of life of patients. Such a facility may have no more than 80 residents or patients. Such facilities are generally intended to assist permanent residents. T his includes Adult Family Care Home, Assisted Living Facility, Birth Center, Community Residential Home, Day/Night Page 35 of 376 Treatment Community Housing, Homes for Special Services, Hospice Facility, Intermediate Care Facility Developmentally Disabled, Nursing Home, Residential Treatment Facility (Level IV and V), and Transitional Living Facility. T hese could be appropriate in up to 13 of the City’s zoning districts. o Class 7 – A category in which medical generally provide 24-hour medical supervision and may implement medication management for its residents or patients; however, they treat residents or patients who may pose a physical danger to themselves or others and security is required. T hey are typically of an institutional nature, though they may take place in a more residential setting. Such a facility may contain recreational amenities to improve the quality of life of patients. T his includes Adult Family Care Home, Assisted Living Facility, Birth Center, Community Residential Home, Day/Night Treatment Community Housing, Homes for Special Services, Hospice Facility, Prescribed Pediatric Extended Care, Intensive Inpatient Treatment Facility, Intermediate Care facility for the Developmentally Disabled, Nursing Home, Residential Treatment Facility (Level I, II, III, IV and V), Residential Treatment Facility for Children, Residential Treatment Center for Children and Adolescents, and Transitional Living Facility. Based on an initial suitability analysis they could be appropriate in up to six (6) zoning districts. o Class 8 – A medical use that treats a full range of medical related issues. T his is the most intense medical use. Such a facility includes a Hospital, Trauma Systems, Crisis Stabilization Unit, Addiction Receiving Facility, Medication and Methadone Maintenance Treatment Facility, Detoxification Center, Organ and Tissue Procurement Facility, Intensive Inpatient Treatment Center, Prescribed Pediatric Extended Care, and Other medical uses. T hese are appropriate in one (1) of the City’s zoning districts (HD Hospital District). A revi ew of the active and applied for medical use B TR’s indicates that the C ity only has C lass 1, 2, 6, 7, and 8 facilities. The following table indicates the number of facilities within each class, and the zoning di stricts i n whi ch they are located. A map at the end of the report identi fi es the location of medical uses i n the C ity. Medical Use C lass Location by Zoning D istrict The proposed ordi nance also contains proposals for the following: Page 36 of 376 1. The zoning distri cts for which the different classes of uses should be permitted. 2. Which uses should be treated as a main permitted use or require C ondi ti onal Use approval from the P lanni ng B oard within the vari ous zoning districts. 3. D istance separation requirements between and wi thi n certain classes of faci lities so as to not create excessive impacts on any parti cular neighborhood. 4. Minimum standards for different classes of medical uses to ensure that their i mpacts on surrounding areas are minimized. 5. E stablishes business tax receipt (B TR) codes and fees for all uses that are identified in the ordinances. P L AN N IN G B OAR D R EVIE W On S eptember 26, 2017, the P lanning B oard transmitted the proposed Ordi nance A mendment to the C i ty C ommission with a favorable recommendation. U P D AT E The subject ordinance came before the C ity C ommission on October 18, 2017 and was continued to a date certain of October 31, 2017, due to the lack of a quorum. B ased upon feedback from members of the C ity C ommission on October 18, 2017, and at the request of the item sponsor the following modifications have been made to the attached ordinance for consideration at F irst Reading: 1. S ection 142-1253: New text establishing that Variances cannot be issued for separation requirements 2. S ection 142-1255: P rohibit C lass III medical uses in in TC -1 districts and allow them i n C -P S 2 districts. 3. S ection 142-1256: Require that C lass III medical uses not be located within 600 feet of a school, park, or religious institution. 4. S ection 142-1259: Inclusion of a reasonable accommodation standard. C O N C L U S IO N T he Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. Legislativ e Tracking Planning Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Revised Form Approved ORD I NA NC E Ad Page 37 of 376 Assisted Living Facility and Medical Use Zoning Regulations ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II, "DISTRICT; REQUIREMENTS," TO ESTABLISH PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITY, ADULT DAY CARE CENTER, MEDICAL OFFICE, AND RELATED USES; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, "SPECIALIZED USE REGULATIONS," TO CREATE DIVISION 2, "ASSISTED LIVING AND MEDICAL USES", SECTIONS 142-1252 TO CREATE MEDICAL RELATED USE DEFINITIONS, INCLUDING BUT NOT LIMITED TO DEFINING ASSISTED LIVING FACILITIES, COMMUNITY RESIDENTIAL HOMES, COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY, CRISIS STABILIZATION UNIT; INTENSIVE INPATIENT AND OUTPATIENT TREATMENT, AND RESIDENTIAL TREATMENT CENTERS AND FACILITIES; PROVIDING FOR CLASSES OF MEDICAL USES; AND PROVIDING FOR A ZONING USE SCHEDULE WITHIN THE VARIOUS ZONING DISTRICTS OF THE CITY WHICH DELINEATES WHERE SAID MEDICAL RELATED USES ARE CONSIDERED PERMITTED, CONDITIONAL OR PROHIBITED USES; PROVIDING FOR MINIMUM ZONING STANDARDS, DISTANCE SEPARATIONS, HOURS OF OPERATION, AND SUPPLEMENTAL CONDITIONAL USE CRITERIA; AMENDING CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION 102-379, "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO PROVIDE NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR PENAL TIES, VIOLATIONS, AND APPEALS OF CITATIONS; AMENDING CHAPTER 130, RELATING TO OFF-STREET PARKING REQUIREMENTS FOR ALF AND MEDICAL USES; AMENDING CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION 102-379 "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016," AS TO A CERTAIN BUSINESS TAX RECEIPT VALUATIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, on March 1, 2017, the Mayor and City Commission enacted Ordinance 2017-4073, which initiated a six (6) month moratorium relating to the following types of uses: adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City; and Page 1of27 Page 38 of 376 WHEREAS, the moratorium was extended through December 31, 2017; and WHEREAS, the City's planning department hired a medical use planning consultant to advise on the drafting of the ordinance, and as the City is also obtaining input from the City's medical advisory committee, and the community at large additional time is needed to finalize the proposed land use ordinances; and WHEREAS, the Mayor and City Commission desire to encourage compatible uses within the various zoning districts in order to provide for the needs of the community; and WHEREAS, the Comprehensive Plan may require amendment to ensure the proper location for said uses, and the list of permitted, conditional, and prohibited uses, must be amended in the City's land development regulations; and WHEREAS, siting of said uses must take into consideration the existing and proposed infrastructure, accessibility to emergency and public service vehicles, and proximity to public safety and public facilities; these considerations are critical for the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services; and WHEREAS, the City requires time to review, consider, modify, process for adoption, and implement regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the various uses; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City has not updated its code relating to medical uses in over 25 years; and WHEREAS, the City utilizes the term "adult congregate living facility" (ACLF), which term has been obsolete at the state level for many years, and the State does not license ACLF's, but rather licenses Assisted Living Facilities (ALFs), and the City desires to ensure that the City's zoning regulations are consistent with state law; and WHEREAS, over the past 25 years, other medical terms and uses have come into existence and are being licensed on a state level, but, have not been incorporated into the City Land Development Regulations; and WHEREAS, the City has not defined crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses; and WHEREAS, the term adult congregate living facility is obsolete and should be updated to conform to state law, by replacing the obsolete term with "assisted living facility," and the City Code should be updated to include proper licensure requirements and to comply with state law requirements; and , • Page 2of27 Page 39 of 376 WHEREAS, the City desires to provide for such uses, in appropriate locations, but the City must first complete a zoning and planning analysis to determine the locations best suited for such uses; and WHEREAS, as these uses are authorized under state law, and as the City may be facing applications for such uses in the City, it is appropriate for the City to determine the best locations for said uses within the City's zoning districts; and WHEREAS, the Centers for Disease Control and Prevention (CDC) declaring a national opioid epidemic has been occurring in the Unites States, which has been an epidemic plague to the nation since February 2011 and as such, the need for facilities to detoxify, and later rehabilitate users may be needed; and WHEREAS, Governor Rick Scott on May 3, 2017, declared the opioid epidemic a public health emergency as Florida has been hit especially hard by the deadly opioid overdose epidemic; and WHEREAS, in 2015, heroin, fentanyl and oxycodone were directly responsible for the deaths of 3,896 Floridians, according to the most recent Florida Department of Law Enforcement statistics, which is about 12 percent of all the 33,000 people nationwide who died that year of opioid overdoses; and WHEREAS, Last year in South Florida, the morgues in Palm Beach County were strained to capacity by 525 fatal opioid overdoses, the Sun Sentinel newspaper reported in March 2017; and WHEREAS, the deadly cocktail of heroin mixed with fentanyl or carfentanil figured in 220 deaths in Miami-Dade County last year, the paper reported. And 90 percent of the fatal drug overdoses in Broward County involved heroin, fentanyl or other opioids; and WHEREAS, the declaration allows the state to tap more than $54 million in U.S. Department of Health and Human Services grant money to pay for prevention, treatment and recovery services; and WHEREAS, based upon the foregoing, it is vital to protect the residents and visitors of the City of Miami Beach and to ensure the proper location for medical uses, including facilities that address detoxification, rehabilitation, and other medical uses; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 130 of the Land Development Regulations, entitled "Off-street Parking," Article II "Districts; requirements," is hereby amended as follows: Sec. 130-32. -Off-street parking requirements for parking district no. 1. Except as otherwise provided in these land development regulations, when any building or Page 3of27 Page 40 of 376 structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: * * * (2) Adult congregate Assisted living facility. adult family care home. birth center. community residential home, day/night treatment community housing, homes for special services. hospice facility, intermediate care facility for the developmentally disabled, residential treatment facility, residential treatment center. transitional living facility: One ill space per two filbeds. (2A) Adult day care center: One (1) space per 300 square feet of floor area. (2Afil Alcoholic beverage establishment: One ill space per four seats and one ill space per 60 square feet of area not utilized for seating. , * * * (24) HD hospital districts: The following parking regulations shall apply to structures situated in the HD hospital district. The number of off-street parking spaces required for any structure shall be determined by the primary use of the structure in accordance with the requirements as follows: a. Hospital: 1 % spaces per hospital bed. b. Educational facility: One space per five seats in the main auditorium or one space per three seats per classroom, whichever is greater. c. Offices and clinics as identified in subsections 142-452(2)g and h: One ill_space per 400 square feet of floor area. d. Hospital staff offices as identified in subsection 142-452(2)i: One ill_space per 350 square feet of floor area. e. Research facility: One ill_ space per 1,000 square feet of floor area. f. When not listed above, the parking requirement for uses listed in this section shall apply. * * * (32) Reserved Medical office, optician, retail clinic, electroloav facility, ambulatory surgical center. laboratory, comprehensive outpatient rehabilitation facility, end-stage renal disease center, health care clinic. intensive outpatient treatment facility, prescribed pediatric extended care center, urgent care center, women's health clinic, pathologist. rehabilitation agency: One (1) space per 300 square feet of floor area. (33) Nursing homes: One (11 space for each two (21 beds. (34) Office or office building: One (11 space per 400 square feet of floor area; however, medical Page 4 of 27 Page 41 of 376 offices and clinics or offices located on the ground floor shall provide one (11 space per 300 square feet. * * * Sec. 130-33. -Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7. Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off- street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (2) Adult congregate Assisted living facility, adult family care home. birth center. community residential home. day/night treatment community housing. homes for special services. hospice facility. intermediate care facility for the developmentally disabled. residential treatment facility. residential treatment center. transitional living facility: One ill space per two filbeds. (2A) Adult day care center: One (1) space per 300 square feet of floor area. * * * (4A) Medical office. optician. retail clinic. electroloav facilitv. ambulatorv surgical center. laboratory, comprehensive outpatient rehabilitation facility. end-stage renal disease center. health care clinic. intensive outpatient treatment facility, prescribed pediatric extended care center. urgent care center. women's health clinic. pathologist. rehabilitation agency: One (1) space per 300 square feet of floor area. (5) Offices: One (11 space per 400 square feet of floor area. provided. however .. However, medical offices and clinics or offices located on the ground floor shall provide one ill space per 300 square feet of floor area. SECTION 2. Chapter 142 of the Land Development Regulations, entitled "Zoning Districts Regulations," Article V "Specialized Use Regulations," at Division 2, "Assisted Living and Medical Uses," is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLEV SPECIALIZED USE REGULATIONS DIVISION 2 ASSISTED LIVING AND MEDICAL USES ADULT CONGREGATE LIVING FACILITIES Page 5of27 Page 42 of 376 Sec. 142-1251. -Purpose. The purpose of this division is to provide mandatory requirements and review criteria to be used in reviewing requests for assisted living facilities (ALFs) and other medical uses. a conditional use permit for adult congregate living facilities (l\CLF). On October 1. 1989, the City adopted Ordinance No. 89-2665, which created this Division. and was devoted exclusively to Adult Congregate Living Facilities (ACLFs). The City Code had not been amended in 27 years. and the term ACLF is no longer utilized by the State of Florida for licensure purposes. The City desires to encourage compatible uses within the various zoning districts in order to provide for the needs of the community, and to take into consideration the existing and proposed infrastructure. accessibility to emergency and public service vehicles. and proximity to public safety and public facilities in relation to various medical uses. Therefore. the City, which previously had not defined crisis stabilization units. residential detoxification centers. community residential homes. and residential medical rehabilitation centers. and any similar or derivative uses associated with such uses. desires to define said uses. consistent with state law and state licensure requirements. and to determine the compatibility of those uses within the various zoning districts. This division shall delineate the locations for the various types of medical uses and where they are permitted, conditional or prohibited within the various zoning districts. Sec. 142-1252. -Definitions. Addictions Receiving Facility means a secure. acute-care. facility operated 24 hours-per-day, seven (7) days-per-week, designated by the department of children and families. or applicable agency to serve persons found to be substance abuse impaired as described in Section 397.675, Florida Statutes. as may be amended. Adult Dav Care Center means a facility that provides programs and services for adults who need a protective setting during the day. An adult day care center can be a freestanding program or services can be offered through a nursing home, assisted living facility, or hospital. The basic services include. but are not limited to: social activities, self-care training, nutritional meals, a place to rest. and respite care. Adult day care centers are licensed and surveyed by the State of Florida. Adult Familv Care Home means a dwelling unit that provides full-time. family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The owner lives in the same house as the residents. The basic services include. but are not limited to: housing and nutritional meals: help with the activities of daily living, like bathing, dressing. eating, walking, physical transfer. giving medications or helping residents give themselves medications: supervision of residents: arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities. Adult family care homes are licensed and surveyed by the State of Florida. Ambulatorv Surgical Center (ASC) means a facility that is not part of a hospital and provides elective surgical care where the patient is admitted to and discharged from the facility within the same working day. The patient does not stay overnight. Hospitals can have outpatient surgical units. but these units would be a part of the hospital license and would not require a separate ASC license. Ambulatory surgical centers are licensed and surveyed by the State of Florida. Assisted Living Facility means a facility that provides full-time living arrangements in the least restrictive and most home-like setting where personal services are provided. Intense medical Page 6of27 Page 43 of 376 services are to be obtained off-site. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer. giving medications or helping residents give themselves medications; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; respite care; and social activities. Assisted living facilities are licensed and surveyed by the State of Florida. These facilities are intended for residency of six (6) months and a day or more. Beds means one resident or patient. as applicable. Birth Center means a facility in which births are planned to occur away from the mother's place of residence following a normal. uncomplicated. low-risk pregnancy. It is not an ambulatory surgery center. a hospital. or located within a hospital. Birth centers are licensed and surveyed by the State of Florida. Brain and Spinal Cord Injury. (See Transitional Living Facility.) Chiropractor's Office. (See Medical Office.) Laboratory means a facility that performs one or more of the following services to provide information or materials for use in the diagnosis. prevention. or treatment of a disease or the identification or assessment of a medical or physical condition. Services include examination of fluids. tissue. cells. or other materials taken from the human body. Community Residential Home as defined by Section 419.001. Florida Statutes. as may be amended. These facilities are intended for residency of six (6) months and a day or more. Comprehensive Outpatient Rehabilitation Facility means a non-residential facility that provides diagnostic. therapeutic. and restorative services for the rehabilitation of injured, disabled. or sick persons. by or under the supervision of a physician. Crisis Stabilization Unit means a facility where the purpose is to examine. stabilize. and redirect people to the most appropriate and least restrictive treatment settings for their psychiatric needs. Crisis stabilization units include: Crisis stabilization units (adult and children) provide brief psychiatric intervention. primarily for low-income individuals with acute psychiatric conditions. Inpatient stays average three (3) to 14 days, resulting in return to the patient's own home or placement in a long-term mental health facility or other living arrangements. Intervention means activities and strategies that are used to prevent or impede the development or progression of substance abuse problems. Short-term residential treatment facilities provide a step-down service for adult residents (ages 18 and over) of crisis stabilization units needing a more extended, but less intensive level of active treatment for psychiatric conditions. usually with a stay of 90 days or less. Both of these facility types are licensed by the State of Florida. It is not intended to be a residential use (not intended as a dwelling unit). ( Page 7of27 Page 44 of 376 Day/Night Treatment means treatment provided on a nonresidential basis at least three (3) hours per day and at least 12 hours each week and is intended for clients who meet the placement criteria for this component. Day/Night Treatment with Community Housing means treatment that is provided on a nonresidential basis at least five (5) hours each day and at least 25 hours each week and is intended for clients who can benefit from living independently in peer community housing while undergoing treatment. Day/Night Treatment with Host Home means treatment that is provided on a nonresidential basis at least three (3) hours per day and at least 12 hours each week and is intended for clients who meet the placement criteria for this level of care. This component also requires that each client reside with a host family as part of the treatment protocol. Dentist's Office (See Medical Office.) Detoxification means is a process involving sub-acute care that is provided to assist clients who meet the placement criteria for this component to withdraw from the physiological and psychological effects of substance abuse. The use is short term. four (4) to 14 days and is not residential in nature. 24 hour medical supervision is required. Dietician. (See Medical Office.) Doctor's Office (See Medical Office.) Electrology Facility means a facility where electrologists are allowed to perform laser and light- based hair removal. End-Stage Renal Disease Center means is a facility programs that that offer dialysis services. When patients are diagnosed with End-Stage Renal Disease. they may receive dialysis which replaces kidney function by filtering blood to remove waste and extra fluids. The program can either be a freestanding facility or offered as an outpatient service through a hospital. Health Care Clinic means a facility that provides health care services to individuals for a fee. Such facilities do not allow for overnight stays. Health care clinics are licensed and surveyed by the State of Florida. Health Care Clinic Exemption means businesses that have gotten an exemption to the health care clinic license requirement. However. businesses that meet the exemption criteria are not required to have an official exemption. so there may be clinics that are exempt that are not listed here. The exemption criteria are listed in section 400.9905(4), Florida Statutes, as may be amended. Health Care Services Pool means a health care services pool provides temporary employment of licensed. certified, or trained health care personnel to health care facilities. residential facilities. and agencies. Health care services pools are registered by the State of Florida. Home Health Agency means an agency that provides services to patients in private homes. assisted living facilities. and adult family care homes. Some of the services include nursing care; physical, occupational. respiratory, and speech therapy; home health aides; homemaker and companions; and medical equipment and supplies. Along with services in the home. an agency Page 8 of 27 Page 45 of 376 can also provide staffing services in nursing homes and hospitals. Home health agencies are licensed and surveyed by the State of Florida. Home Medical Equipment Provider means a service that sells or rents medical equipment and services for use in the home. Home medical equipment includes any product as defined by the Federal Drug Administration's Drugs. Devices and Cosmetics Act; any products reimbursed under the Medicare Part B Durable Medical Equipment benefits; or any products reimbursed under the Florida Medicaid durable medical equipment program. Service includes managing the equipment and teaching consumers in its use. Home medical equipment providers are licensed and surveyed by the State of Florida. Homemaker and Companion Services means a company that provides housekeeping. prepare and serve meals. help with shopping, routine household chores. companionship in the client's home. and can take the client to appointments and other outings. By law. homemakers and companions may not provide hands-on personal care. such as help with bathing, and cannot give medications. Homemaker and companion agencies are registered by the State of Florida. However. individuals who work on their own. with no other workers helping them are not required to be registered. Homeopathic Physician's Office. (See Medical Office.) Homes for Special Services means a residential facility where specialized health care services are provided. including personal and custodial care. but not full-time nursing services. Home for special services are licensed by the State of Florida. Home Hospice Service means services provided in a patient's residence for patients with a diagnosis of a terminal illness. They provide a coordinated program of professional services. including pain management and counseling for patients; nursing, physician. therapy, and social work services; counseling and support for family members and friends of the patient: and other support services. Hospices are licensed and surveyed by the State of Florida. Hospice Facility means a facility that provides services in a facility for patients with a diagnosis of a terminal illness. They provide a coordinated program of professional services. including pain management and counseling for patients; nursing. physician, therapy, and social work services; counseling and support for family members and friends of the patient: and other support services. Hospices are licensed and surveyed by the State of Florida. Hospital means a facility that provides range of health care services more extensive than those required for room, board, personal services, and general nursing care. and offers facilities and beds for use beyond 24 hours by individuals requiring medical. surgical, psychiatric, testing, and diagnostic services; and treatment for illness. injury, disease, pregnancy, etc. Also available are laboratory and X-ray services. and treatment facilities for surgery or obstetrical care. or special services like burn treatment centers. Hospitals are licensed and surveyed by the State of Florida. Hospitals include any medical sub-use identified within this Division. Intensive Inpatient Treatment means includes a planned regimen of evaluation. observation. medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours-per-day, seven (7) days per week in a highly structured. live-in environment. Intensive Outpatient Treatment means a facility that provides services on a nonresidential basis and is intended for clients who meet the placement criteria for this component. This component Page 9of27 Page 46 of 376 provides structured services each day that may include ancillary psychiatric and medical services. Intermediate Care facility for the Developmentally Disabled means a residential facility that provides services by an interdisciplinary team to increase a client's independence and prevent loss of abilities. They are licensed and surveyed by the State of Florida. Medical Cannabis Dispensarv (See Chapter 142, Division 10 and Chapter 6, Division 3). Medical Office means a small-scale office providing medical or dental treatment. This includes chiropractor's office, dentist's office, dietician, doctor's office, homeopathic physician's office. pathologist. physiotherapist's office, phlebotomist's office, podiatrist's office, optometrist's office, ophthalmologist's office, psychiatrist's office. A small-scale office shall mean a maximum floor area of 5,000 square feet. This shall not include Class Ill to X medical sub-uses. Medication and Methadone Maintenance Treatment Facility means a facility that provides outpatient treatment on a nonresidential basis which utilizes methadone or other approved medication in combination with clinical services to treat persons who are dependent upon opioid drugs. Nursing Home means a facility that provides nursing, personal, custodial. and rehabilitative care. Nursing homes. sometimes called skilled nursing facilities, are freestanding, which means they are not part of a hospital. They provide long-term care of the chronically ill. the physically disabled, and the aged who are unable to move about without the aid of another person or device. Nursing homes are licensed and surveyed by the State of Florida. Optical Establishment means the retail sale of glasses and contact lenses. Optician means a professional that provides eye exams for the purposes of the retail sale of glasses or contact lenses. Optometrist's office. (See Medical Office.) Organ and Tissue Procurement Facility means one of three tvoes of organ and tissue procurement organizations: Organ Procurement Organizations (OPOs), Eye Banks and Tissue Banks. OPOs must also be federally designated by the Secretary of the United States Department of Health and Human Services and are responsible for using the national United Network of Organ Sharing's (UNOS) registry to medically and physically match organs, such as the heart, lungs, kidneys, or liver, from a patient who has died with an individual awaiting a life- saving transplant. An eye bank is an entity involved in the recovery, processing, storage or distribution of eye tissue that will be used for transplantation. A Tissue Bank is an entity that is involved in the recovery, processing, storage, or distribution of human tissue, such as bone, skin, or cartilage, which will be used for transplantation. Organ and tissue procurement organizations, including those located outside of Florida that provide eye and other tissue tvpes to Florida's transplanting physicians, are certified by the State of Florida. Outpatient Treatment means a facility that provides services on a nonresidential basis and is intended for clients who meet the placement criteria for this component. Pain Management Clinics means the definition provided in Florida Statutes Section 458.3265, as may be amended. Page 10of27 Page 47 of 376 Pharmacy means a store where solely medicinal drugs are dispensed and sold. Medical cannabis cannot be sold from such stores. Portable X-Rav Provider means a provider that gives diagnostic x-ray tests in a patient's own home. a nursing home. or a hospital that does not provide x-ray services for its patients directly but arranges for services with a portable x-ray provider. Some portable x-ray providers may need a health care clinic license. Prescribed Pediatric Extended Care Center means a facility that provides a basic nonresidential services to three (3) or more medically dependent or technologically dependent children with complex medical conditions that require continual care. The comprehensive care includes medical, nursing, psychosocial. and developmental therapies. These centers are licensed and surveyed by the State of Florida. Rehabilitation Agency means a facility that provides a multidisciplinary program to help improve the physical function of disabled individuals by creating a team of specialized rehabilitation staff. The rehabilitation agency provides at least physical therapy or speech-language pathology services and social or vocational adjustment services. Rehabilitation agencies are not required to be licensed by the state if they are Medicare certified. Rehabilitation agencies that are not certified under the Medicare program may require licensure as a health care clinic. Residence means a dwelling unit utilized for at least six (6) months and a day. Residential. The term "residential" or "residence" is applied herein to any lot. plot. parcel, tract. area or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein. Residential Treatment Center for Children and Adolescents means a facility with 24-hour residential programs. including therapeutic group homes that provide mental health treatment and services to children under the age of 18 who have been diagnosed as having mental. emotional. or behavioral disorders. Residential treatment centers are licensed by the State of Florida. This facility is also a Level II. facility. Residential Treatment Facility means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five (5) levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level I facilities provide the highest level of care with a structured group treatment setting with 24 hours per day, seven (7) days per week supervision for residents who have major skill deficits in activities of daily living and independent living. and need intensive staff supervision. support and assistance. Nursing supervision is provided 24 hours per day, seven (7) days per week. however. nursing services are limited to medication administration. monitoring vital signs. first aid and individual assistance with ambulation. bathing, dressing, eating and grooming. The minimum staffing is 1: 1 O staff to resident ratio with never less than two (2) staff on site at all times. This is a residential use intended for stays of over six (6) months and a day. Page 11of27 Page 48 of 376 Level II facilities provide a structured group treatment setting with 24 hour per day. seven (7) days per week supervision for seven (7) or more residents who range from those who have significant deficits in independent living skills and need extensive supervision. support. and assistance. to those who have achieved a limited capacity for independent living, but who require frequent supervision. support and assistance. Level II facilities maintain a minimum of 1 : 15 staff to resident ratio with never less than one ( 1) staff person on site when residents are present during normal waking hours. During sleeping hours. a minimum of 1 :22 staff to resident ratio is required. This is a residential use intended for stays of over six (6) months and a day. Level Ill facilities consist of collocated apartment units with an apartment or office for staff who provided on-site assistance 24 hours per day, seven (7) days per week. The residents have a moderate capacity for independent living. Level Ill facilities maintain a minimum 1 :20 staff to resident ratio with never less than one staff on site when residents are present during normal waking hours. During normal sleeping hours, a minimum of 1 :40 staff to resident ratio is required. This is a residential use intended for stays of over six (6) months and a day. Level IV facilities provide a semi-independent. minimally structured group setting for four (4) or more residents who have most of the skills required for independent living and require minimal staff support. Level IV facilities may have less than 24 hours per day. seven (7) days per week on site supervision; however. on-call staff must be available at all times. Staff is required to have a minimum of weekly on site contact with residents. This is a residential use intended for stays of over six (6) months and a day. Level V facilities provide the least amount of care and superv1s1on. Level V facilities provide a semi-independent. minimally structured apartment setting for up to six (6) residents who have adequate independent living skills and require minimal staff support. Level V facilities may have less than 24 hours per day, seven (7) days per week on site supervision: however. on-call staff must be available at all times. Staff is required to have a minimum of weekly on site contact with residents. This is a residential use intended for stays of over six (6) months and a day. Skilled Nursing Unit means skilled nursing units are based in hospitals. either housed inside the hospital or in a separate building. They typically provide only short term care and rehabilitation services. The skilled nursing unit does not have a separate license because it is part of the hospital license. See the hospital definition for further information. Social Worker (See Medical Office.) Sociologist (See Medical Office.) Therapist (See Medical Office.) Transitional Living Facilitv means a facility that provides services to persons with a spinal-cord- injury or head-injury. Specialized health care services include rehabilitative services, Page 12of27 Page 49 of 376 community reentry training. aids for independent living, counseling, and other services. This term does not include a hospital licensed under chapter 395. Florida Statutes, or any federally operated hospital or facility. A transitional living facility is licensed by the State of Florida. Urgent Care Center means a facility which holds itself out to the general public as a walk-in facility, where immediate. but not emergent. care is provided. Patients shall be served solely on an outpatient basis and such services shall not include overnight stays. Women's Health Clinic means a facility that primarily provides obstetrics and gynecology service or other services related to women's healthcare. This definition includes Abortion Clinics. which are licensed and surveyed by the State of Florida. but does not include a hospital or a doctor's office where abortions might be performed, but where this is not the primary purpose. Sec. 142-1253. -Medical use classifications. Medical uses shall be organized into classes for the purpose of determining allowable locations, process of approval. and other zoning regulations. Generally, as the potential for impacts to surrounding areas increase as the class increases. None of the. distance separation. size. or length of stay requirements under the various classes of medical uses may be varied. or increased in scope (whether by variance request or conditional use approval). unless specifically authorized in Division. The classes and medical sub-uses within each class are as follows: .@} Class I Medical Uses. Class I Medical Uses generally have an impact similar to. and often incorporate retail uses. These uses are often seen as a small accessory use to large-scale residential and hotel uses as well. Class I medical sub-uses include the following: ill Optician @. Retail Clinic .@. Adult Day Care Center 111 Electrology Facility @. Medical Office .(Ql Class II Medical Uses. Class II Medical Uses generally provide medical care throughout extended working hours. along with diagnostic and testing services. These may involve the generation of higher levels of medical waste than Class I. and generate higher levels of traffic. Class II medical sub-uses include the following: ill Ambulatory Surgical Center (ASC) @. Laboratory .@. Comprehensive Outpatient Rehabilitation Facility 111 End-Stage Renal Disease Center @. Health Care Clinic .{fil Prescribed Pediatric Extended Care Center ill Urgent Care Center Page 13of27 Page 50 of 376 .{fil Women's Health Clinic .{fil Pathologist .C1.Ql Rehabilitation Agency fQ} Class Ill Medical Uses. Class Ill Medical Uses generally dispense pharmaceuticals as part of their treatment plan. These may involve frequent visits from patients who may require services from the facility on a daily basis and limited overnight stays. Class Ill medical sub-uses include the following: ill Detoxification Center m Intensive Outpatient Treatment Facility .(fil Pain Management Clinic @ Class IV Medical Uses. Class IV Medical Uses generally are those in which assistance is given to permanent residents in daily personal activities including but not limited to. bathing, dressing, eating, grooming. and dispensing of medicine in a residential setting. Such a facility may have no more than six (6) residents. Class IV medical sub-uses include the following: ill Adult Family Care Home m Assisted Living Facility .(fil Community Residential Home ffi Homes for Special Services .@ Hospice Facility .{fil Intermediate Care Facility Developmentally Disabled ill Residential Treatment Facility (Level V) 1§.l Class V Medical Uses. Class V Medical Uses generally are those in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to. bathing, dressing, eating. grooming, and dispensing of medicine in a residential setting. Such a facility may have no more than 14 residents. Class V medical sub-uses include the following: ill Adult Family Care Home m Assisted Living Facility .(fil Community Residential Home ffi Homes for Special Services .@ Hospice Facility .{fil Intermediate Care Facility Developmentally Disabled ill Residential Treatment Facility (Level V) ill Class VI Medical Uses. Class VI Medical Uses generally provide 24-hour medical supervision and may implement medication management and other medical care for its residents. However. the patients do not pose a physical danger to themselves or others. They are typically in a residential setting; however. they may have some institutional components. They may contain recreational amenities to i~prove the quality of life of patients. Such a facility may have no more than 80 Page 14 of 27 Page 51 of 376 residents and patients. Such facilities are generally intended to assist permanent residents. Class VI medical sub-uses include the following: ill Adult Family Care Home ill Assisted Living Facility .{fil Birth Center .(11 Community Residential Home .{fil Day/Night Treatment Community Housing 1§.}. Homes for Special Services ill Hospice Facility {fil Intermediate Care Facility Developmentally Disabled .(fil Nursing Home f1Ql Residential Treatment Facility (Level IV and V) ill.). Transitional Living Facility .{gl Class VI I Medical Uses. Class VII Medical Uses generally provide 24-hour medical supervision and may implement medication management for its residents or patients; however. they treat residents or patients who may pose a physical danger to themselves or others and security is required. They are typically of an institutional nature. though they may take place in a more residential setting. Such a facility may contain recreational amenities to improve the quality of life of patients. Class VIII medical sub-uses include the following: ill Adult Family Care Home ill Assisted Living Facility .{fil Birth Center .(11 Community Residential Home .{fil Day/Night Treatment Community Housing 1§.}. Homes for Special Services ill Hospice Facility {fil Prescribed Pediatric Extended Care .(fil Intensive Inpatient Treatment Facility f1Ql Intermediate Care facility for the Developmentally Disabled ill.). Nursing Home @Residential Treatment Facility (Level I, II. Ill. IV and V) f1ID. Residential Treatment Facility for Children !Ml Residential Treatment Center for Children and Adolescents f1fil. Transitional Living Facility .{bl Class VI 11 Medical Uses. A medical use that treats a full range of medical related issues. This is the most intense medical use. Class VIII medical sub-uses include the following: ill Hospital ill Trauma Systems .{fil Crisis Stabilization Unit .(11 Addiction Receiving Facility .{fil Medication and Methadone Maintenance Treatment Facility 1§.}. Detoxification Center Page 15of27 \ Page 52 of 376 ill Organ and Tissue Procurement Facility @l Intensive Inpatient Treatment Center .(fil Prescribed Pediatric Extended Care t!.Ql Other medical uses .ill Medical sub-uses not identified in subsections (a) through (j) above or in section 142- 1254 shall be considered Class VIII Medical Uses. If an applicant feels that the proposed medical sub-use is of a similar nature or impact as the uses in a differing class, the applicant may provide a description of the proposed medical sub-use and expected impacts from the use to the Planning Department for a determination of equivalent impact. The Planning Department may request additional information. as necessary, in order to make a determination. The Planning Department may require a study to support the descriptions and impacts in the study to support the descriptions and impacts and that the study be peer reviewed at the expense of the applicant. The study must consider the supplemental conditional use criteria in section 142- 1257, as applicable, in addition to any other information deemed necessary. Sec. 142-1254. -Exempt uses. The following medical sub-uses, which service individuals in their place of residence, shall be exempt from the regulations of this division: ~ Health Care Services Pool .(Ql Home Health Agency 191 Home Medical Equipment Provider @ Homemaker and Companion Services .{§} Home Hospice Service ill Massage Therapist .{gl Portable X-Ray Provider lbl Pharmacies .ill Medical Cannabis Treatment Centers Page 16 of 27 Page 53 of 376 Sec. 142-1255. -Zoning District Regulations. The following table identifies the zoning districts in which each medical use class is allowed and if conditional use approval is required. Zoning Class District RS-1.2.3.4 TH RM-1 RM-PRO RM-2 RM-PRD-2 RM-3 CD-1 CD-2 CD-3 1-1 MXE GU HD RO RMPS-1 RPS-1 RPS-2 RPS-3 RPS-4 C-PS1* C-PS2 C-PS3 C-PS4 TC-1 TC-2 TC-3 P-Main permitted use C-Conditional use I A A A p _e_ p p p p p _e_ A A p p p p p p c Class Class Class Class Class Class Class ll Ill IV v VI VII VIII p p p c p _e_ c c c p p c c c p c c p p c c p c p c c c p c p p p p p p p p p p p p p c c p c - p p -p p p c c p c p c c p p c c p c p c c c p p c c c p p c c p c A-Permitted as an accessory use Boxes with no designation signify that the use is NOT permitted Sec. 142-1256. -Minimum zoning standards. In addition to the regulations in the underlying zoning district and overlays (as applicable) and other regulations in this division. medical uses shall comply with the following minimum standards: Page 17of27 Page 54 of 376 .{fil Standards for all medical use classes: (1) Medical uses that allow for overnight stays shall not exceed the maximum density limits. when such limits are established by the underlying future land use designation in the Miami Beach Comprehensive Plan. For the purposes of determining residential density, a medical use in single family districts containing up to six (6) residents shall be deemed one dwelling unit. In other districts. every two (2) beds shall count as one (1) dwelling unit. (2) For the determination of minimum distance separation requirements when established in subsection (b) below: A. The minimum distance separation, the requirement shall be determined by measuring a straight line between the property lines of each use. B. When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. lQl Standards for specific medical use classes: ill Class I Medical Uses: A. Access to Class I medical uses where permitted as an accessory use shall be limited to guest of a hotel or residents and their guests of a residential use. B. Class I medical uses shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Such hours may be modified with conditional use approval. C. Overnight stays are prohibited . .(21 Class 11 Medical Uses: A. Class II medical uses shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Such hours may be modified with conditional use approval. B. Overnight stays are prohibited . .@}. Class Ill Medical Uses: A. Class Ill medical uses shall have a minimum distance separation of 1 ,500 feet from other Class II. Ill. IV. V. VI. VII. or VIII medical use. B. Class Ill medical shall have a minimum distance separation of 600 ~feet from religious institutions. schools .. or parks. C. Hotel-ei: .. residential. or other commercial uses shall be prohibited on lots with Class Ill medical uses. D. Overnight stays are prohibited in 1-1 districts. Page 18 of 27 Page 55 of 376 E. Class 111 medical uses shall not be open to walk-in patients between the hours of 9:00 p.m. and 7:00 a.m.; notwithstanding the foregoing, if such facility is located within 375 feet of a residential district. such facility shall not be open to walk-in patients between the hours of 7:00 pm and 7:00 am. Such hours may be modified with conditional use approval. F. The entire building shall conform with the Florida Building Code. fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. G. Participation in the fee in lieu of parking program for Class Ill medical uses shall be prohibited . .(11 Class IV Medical Uses: A. Class IV medical uses shall have a minimum distance separation of 1,500 feet from other Class IV medical uses. B. Class IV medical uses shall be the primary place of residence for patients or residents. C. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior. as amended. D. Participation in the fee in lieu of parking program for Class IV medical uses located in residential districts shall be prohibited . .{fil Class V Medical Uses: A. Class V medical uses shall have a minimum distance separation of 1,500 feet from other Class V medical uses. B. Class V medical uses shall be the primary place of residence for patients or residents. C. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure. it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. U.S. Department of the Interior, as amended. D. Participation in the fee in lieu of parking program for Class IV medical uses located in residential districts shall be prohibited . .(fil Class VI Medical Uses: Page 19of27 Page 56 of 376 A. Class VI medical uses shall have a minimum distance separation of 1 ,500 feet from other Class VI medical uses. . B. The entire building shall conform with the Florida Building Code. fire prevention and safety code. and with the city property maintenance standards. If it is a historic structure. it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. U.S. Department of the Interior. as amended. C. Participation in the fee in lieu of parking program for Class IV medical uses located in residential districts shall be prohibited. ill Class VII Medical Uses: A. Class VII medical uses shall have a minimum distance separation of 1 ,500 feet from other Class ·111. VI. or VII medical uses. Notwithstanding the foregoing, a class VIII Medical Use may incorporate Class VIII medical sub-uses on the same site: however. the stricter zoning standards shall apply to the combined uses. B. Class VII medical uses shall have a minimum distance separation of 375 feet from parks or schools. C. Other hotel or residential uses shall be prohibited on sites with Class VII medical uses. D. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure. it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. U.S. Department of the Interior. as amende'd. E. Participation in the fee in lieu of parking program for Class VII medical uses located in residential districts shall be prohibited. {fil Class VIII Medical Uses: A. Class VIII medical uses shall comply with the requirements of the HD district. .(fil Notwithstanding the foregoing, medical uses located in an HD district shall be exempt from distance separation and hours of operation requirements identified in this section. However. said facilities shall be utilized for determining distance separation requirements for facilities in other zoning districts. f1.Ql Notwithstanding the foregoing, medical uses located in an HD district shall be exempt from limitations on hours of operation and uses. Sec. 142-1257. -Supplemental Conditional Use Review Criteria. In reviewing an application for a conditional use under this division 2. the planning board shall apply the following supplemental review guidelines criteria in addition to the review guidelines listed in section 118-192, as applicable: Page 20of27 Page 57 of 376 ,(g}. For medical uses not allowing overnight stays or residence. whether hours of operation are identified in order to limit potential impacts to surrounding properties. I .(Ql Whether patients and residents served will pose a danger to themselves or others. and what measures are being taken to ensure their safety and the safety of others in surrounding areas. {fil Whether a security plan for the establishment and supporting parking facility has been provided that addresses the safety of the medical use. its users. and surrounding areas. and minimizes impacts on the neighborhood . .{Ql Whether a noise attenuation plan has been provided that addresses how noise will be controlled from emergency vehicles. in the drop off areas. loading zone. parking structures. and delivery and sanitation areas. to minimize adverse impacts to adjoining and nearby properties . .(§}.Whether a sanitation plan has been provided that addresses on-site facilities as well as off- premises issues resulting from the operation of the medical use. ill Smaller scale facilities are encouraged in order to provide a non-institutional environment. .{gl Where overnight stays or permanent residency is allowed, if the facility is design to minimize its institutional nature . .{bl Whether the facility will serve various income groups. ill Facilities located in newly constructed buildings are encouraged. ill Whether a plan for the delivery of goods for the medical use has been provided. including the hours of operation for delivery trucks to come into and exit from the neighborhood and how such plan will mitigate any adverse impacts to adjoining and nearby properties. and neighborhood. 1!sl Whether the proximity of the proposed medical uses to residential uses creates adverse impacts and how such impacts are mitigated. ill Whether the scale of the proposed medical use is compatible with the urban character of the surrounding area and create adverse impacts on the surrounding area. and how the adverse impacts are proposed to be addressed. Sec. 142-1258. Penalties, Enforcement and Appeals. (a) Penalties and enforcement. ill The city manager has the authority to suspend or revoke a business tax receipt following notice and hearing. or to summarily suspend a business tax receipt pending a hearing pursuant to section 102-385 of the City Code. @ A violation of this division 2 shall be subject to the following fines: A. If the violation is the first offense. a person or business shall receive a civil fine of $5,000.00; Page 21of27 Page 58 of 376 B. If the violation is the second violation within the preceding six (6) months, a person or business shall receive a civil fine of $10.000.00; C. If the violation is the third violation within the preceding six (6) months. aperson or business shall receive a civil fine of $20,000.00; and D. If the violation is the fourth or subsequent violation within the preceding six (6) months. a person or business shall receive a civil fine of $30,000.00 and the business tax receipt shall be revoked . .{ID Enforcement. The code compliance department shall enforce this division 2. This shall not preclude other law enforcement agencies from any action to assure compliance with this division 2 and all applicable laws. If a violation of this division 2 is observed, the enforcement 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 paying the fine. that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation. and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing . .{11 Rights of violators; payment of fine; right to appear; failure to pay 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: 1. pay the civil fine in the manner indicated on the notice of violation; or ii. request an administrative hearing before a special master to appeal the notice of violation. which must be requested within ten (10) days of the service of the notice of violation. (8.) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this City Code. Applications for hearings must be accompanied by a fee as approved by a resolution of the city commission. which shall be refunded if the named violator prevails in the appeal. (C.) If the named violator. after issuance of the notice of violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master may be informed of such failure by report from the police officer or code compliance officer. The failure of the named violator to appeal the decision of the police officer or code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. and shall be treated as an admission of the violation. for which fines and penalties shall be assessed accordingly. Page 22of27 Page 59 of 376 (D.) A certified copy of an order imposing a fine may be recorded in the public records. and thereafter shall constitute a lien upon any real or personal property owned by the violator. which may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61 st day following the recording of any such lien that remains unpaid. the city may foreclose or otherwise execute upon the lien. (E.) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (F.) The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within 10 days of the service of the notice of violation. (G.) The special master shall not have discretion to alter the penalties prescribed in subsection (a)(2). Sec. 142-1259. Reasonable accommodation. The city may receive an application for a reasonable accommodation to accommodate persons with disabilities consistent with federal law (Reasonable Accommodation/ Modification. Section 504 of the Rehabilitation Act of 1973). No application to allow a use within a zoning category where a use is not permitted shall be authorized as a reasonable accommodation. Nor shall the occupancy requirements or hours of operation requirements be varied if it causes undue financial and administrative burdens or requires a fundamental alteration in the nature of the services offered by the city. Sec. 142 1252. Mandatory requirements. Adult congregate living facilities shall be subject to the following mandatory requirements: (1) The total number of adult congregate living facility beds in the city of shall not exceed 2,000 per 100,000 permanent residents or fraction thereof. The population as determined by the U.S. Census Bureau shall be the official figure in determining the number of persons residing in the city. (2) Facilities shall not be located in any designated redevelopment area or MXE mixed use entertainment district. (3) The d~sign of the building shall be reviewed under the design review process pursuant to chapter 118, article VI. (4) The entire building shall conform with the South Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (revised 1983), as amended. Page 23of27 Page 60 of 376 Sec. 142 1253. Review criteria. Adult congregate living facilities shall be in substantial compliance with the following review criteria as determined by the planning board and when applicable by the city commission: (1) Smaller scale (six to 16 residents) facilities are encouraged in order to provide a noninstitutional environment. (2) The city should encourage equal distribution of facilities serving various income groups. (3) Facilities located in newly constructed buildings should be encouraged. (4) The location of facilities should be compatible with the city's comprehensive plan and all other adopted neighborhood plans. (5) In order to encourage geographic distribution, facilities should not be located 'Nithin 1,500 feet from another facility. Secs. 142 1254 142 1270. Reserved. Secs. 142-1258-70. -Reserved. * * * Section 3. Chapter 102, "Taxation," Article V, "Local Business Tax" at Section 102-379 "Schedule of taxes, effective October 1, 2016," is hereby amended as to a certain business tax receipt, as follows: * CHAPTER 102 TAXATION ARTICLEV- LOCAL BUSINESS TAX * Sec. 102-379. -Schedule of taxes, effective October 1, 2016. * (a) Business taxes for the following businesses, occupations or professions are hereby levied and imposed as follows: (b) Effective on October 1, 2005 (fiscal year 2005-2006), the following business taxes will be increased by five percent rounded to the nearest dollar, and further increased by five percent every other year on October 1, until such taxes/fees have caught up with the cumulative percentage change in the Consumer Price Index (CPI) measure between June 1994 through March 2003, which is 24.5 percent; further providing for another change equal to the cumulative percentage change in the CPI from March 2003 to September 2011. Page 24of27 Page 61 of 376 (c) As provided in Resolution No. 2003-25299, a review of the annual permit fee/business tax will be required whenever the change in the Consumer Price Index (CPI), between the latest CPI and the date of the CPI used for the last tax/fee adjustment, is five percent or greater. (d) Effective on October 1, 2009 (fiscal year 2009-2010), business tax receipt applications shall be charged a $45.00 fee for the processing of new applications. Occupation Code Business Tax Category Amount * * * Addictions Receiving Facility 1, 104.00 Adult Day Care Center 331.00 Adult Family Care Home 1) First 10 beds 1} 212.00 2} 6.00 2} Each additional bed Ambulate~ Surgical Center (ASC) 353.00 Assisted Living Facility (ALF} 1} First 1 O beds 1} 212.00 2} 6.00 2. Each additional bed Birth Center 1} First 1 0 beds 1} 212.00 2} 6.00 2} Each additional bed Transitional Living Facility 1, 104.00 Community Residential Home 1} First 10 beds 1} 212.00 2} 6.00 2} Each additional bed Com12rehensive Out12atient Rehabilitation Facility 353.00 Com12rehensive ln12atient Rehabilitation Facility 1, 104.00 Day/Night Treatment with Community Housing 1, 104.00 Medical Office 353.00 End-Stage Renal Disease Center 1, 104.00 Page 25 of 27 Page 62 of 376 Health Care Clinic 353.00 Homes for Sgecial Services 11104.00 Hosgice Facility 11104.00 Intensive lngatient Treatment Center/Facility 11104.00 Intensive Outgatient Treatment Center/Facility 353.00 Intermediate Care Facility for the Develogmentally Disabled 11104.00 Medication and Methadone Maintenance Treatment Facility 1} 274.00 1} First § 11000 of value or less 2} 27.00 2} Each additional §1,000.00 -§199,000.00 3} 2,815.00 3} From §100,000 -§199,000.00 4} 4,221.00 4} From §200,000 -§499,000.00 5) 5,629.00 5} From §500,000 and over Nursing Home 11104.00 . Organ and Tissue Procurement Facility 353.00 Outgatient Treatment Facility 353.00 . Pain Management Clinics 1} First $1,000 of value or less 1}274.00 2} 27.00 2} Each additional §1 1000.00 -§199,000.00 3} 21815.00 3} From §100,000 -§199,000.00 4} 41221.00 4} From $200,000 -§499,000.00 5} 5,629.00 5} From §500,000 and over Prescribed Pediatric Extended Care Center 1,104.00 . Rehabilitation Agency 353.00 Residential Treatment Center for Children and Adolescents 11104.00 Residential Treatment Facility 1, 104.00 Transitional Living Facility 1,104.00 Urgent Care Center/Facility 353.00 Women's Health Clinic 353.00 * * * Page 26of27 Page 63 of 376 SECTION 4. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 5. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: October 18, 2017 Second Reading: October 31, 2017 Verified by:--------- Thomas Mooney, AICP Planning Director Philip Levine, Mayor T:\AGENDA\2017\10-October\Planning\Planning Oct 31 CC\Assisted Living Facilities and Medical Uses -First Reading ORD.docx Page 27 of 27 Page 64 of 376 Page 65 of 376 O rdinances - R5 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:35 a.m. Se cond Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEACH, F LOR IDA, AMENDIN G S U BPART A - GE N ERAL ORDIN AN C ES, OF T HE CIT Y CO D E, BY AMENDING CHAPT ER 54 "FL OOD S" AT SECT IO N S 54-39, ENT IT LED "ES TAB LISHME NT OF DEVEL OP M ENT PERMIT;" IN ORDE R TO SP ECIF ICAL LY ADOPT T HE C IT Y'S S T ORMWAT ER MAST E R PLAN, AS MAY BE AMENDED, AND TO R EQU IRIN G 5/7 VO T E OF FUL L CIT Y CO M M IS SION TO LE SS EN AN Y OF T HE S T ORM WAT ER REQUIREME N T S CONTAINE D IN C H APT ER 54; TO AME N D SE CT IO N 54-45, "P ERMIT PROCE D U R ES," TO C ORRE CT T H E T IT LE OF T HE CIT Y'S S T ORMWAT E R MAST E R PL AN; AN D BY AMENDING SUBPART B - "L AN D DE VEL OP MENT RE GUL AT IONS," BY AMENDING S ECT ION 114-1, E NT IT L ED "DE F INIT IONS," IN ORDE R TO C ORRE CT T H E NAME O F T HE C IT Y'S STO R MWAT ER MAST ER P LAN; PROVIDING CODIFICAT IO N; RE PE ALE R; S EVE R ABILIT Y; AN D AN E F F ECT IVE D AT E. R ECO MMENDATI ON T he Administration recommends approving the Resolution. AN ALYS IS T he City adopted the 2011 Stormwater Management Master Plan (SWMMP) by Resolution 2012- 28068. T his plan is intended to be a guide for improving the City's stormwater management system performance for a 20 year planning horizon, with considerations of potential sea level rise over 20 years for stormwater infrastructure and 50 years for seawall heights. Periodically, due to updated climate projections, it is important to update the SWM M P to stay current and viable. Items such as roadway elevation, levels of service for roads, precipitation design rates and distribution, seawall elevations, and minimum future grade elevations have been presented to the Mayor ’s Blue Ribbon Panel on Flooding and Sea Level Rise on several occasions. On February 12, 2014, the City adopted Resolution 2014-28499, which approved the recommendation of T he Flooding Mitigation Committee to amend the SWMMP so as to modify the design criteria for the water level in Biscayne Bay be increased from 0.5 Ft-N AVD to 2.7 Ft-N AVD for all tidal boundary conditions. On July 21, 2015, the Mayor ’s Blue Ribbon Panel on Flooding and Sea Level Rise recommend that the seawall cap on all new private construction and all public seawall construction be changed from 3.2 feet NAVD to 5.7 feet N AVD throughout the City; provided, however, that for properties with Page 66 of 376 existing private seawalls that are being replaced/repaired not associated with new building construction, the Panel recommended applying a minimum 4.0 NAVD elevation, as long as the structural design to accommodate a seawall height extension to a minimum 5.7 NAVD. On May 11, 2016, the Mayor and City Commission adopted Ordinances 2016-4009, relating to amending Chapter 54 of the City Code entitled “Floods” to define City of Miami Beach Freeboard, and modify how grade elevation and height are defined due to flooding and climate change. Also on May 11, 2016, the Mayor and City Commission adopted Ordinance 2016-4010, relating to amending Chapter 118, of the Land Development Code, to incorporate the same Freeboard definitions, and procedures for how to determine grade elevation and height as a result of flooding and climate change. T he SWMM P needs to be amended to incorporate modifications to the standards for the construction of new roads, stormwater systems, and developments; which standards would incorporate higher elevations in order to reduce the risk of flooding; redefine the level of service and design storm; and define minimum “future grade” and seawall heights. At the Mayor ’s Blue Ribbon Panel on Flooding and Sea Level Rise on July 18, 2017, the members discussed and recommended that the SWMMP be codified and require a super majority of the Commission to reduce the resiliency standards incorporated therein. Sea level rise and flooding is an ongoing concern of the City. Low lying infrastructure including buildings must either retrofit and adapt to increased water levels or elevate in order to reduce risk or maintain low risk from potential flood damage. It is appropriate to ensure that the S WMMP, as may be amended, gets incorporated into Chapter 54, of the City of Miami Beach’s City Code, entitled “Flooding”. T he proposed Ordinance specifically adopts the SWMMP as may be amended in the future. All developments or applications for development permits shall comply with the S WMMP. In addition, the adoption of any ordinance that would reduce, relax, diminish, or repeal the requirements of Chapter 54, shall require a 5/7 vote of the City Commission. T he City’s S WMMP provides guidance and regulations to ensure minimum flood-proofing requirements to protect residential and commercial structures, and to provide additional levels of protection to maintain consistency with U.S. Federal and State guidance. Following discussion at the City Commission meeting of October 18, 2017, additional language was added to the Ordinance amendment on the dais, requiring a 5/7 vote of the City Commission in order to repeal or modify the voting mandate. C O N C L U S IO N T he Administration recommends approving the Resolution. Legislativ e Tracking Public Works Sponsor Commissioner John Elizabeth Aleman & Co-sponsored by Commissioner Joy Malakoff Page 67 of 376 AT TAC H ME N T S: Description F I NA L ORD I NA NC E Page 68 of 376 FREEBOARD ORDINANCE NO. ----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 54 "FLOODS" AT SECTIONS 54-39, ENTITLED "ESTABLISHMENT OF DEVELOPMENT PERMIT;" IN ORDER TO SPECIFICALLY ADOPT THE CITY'S STORMWATER MASTER PLAN, AS MAY BE AMENDED, AND TO REQUIRING 5/7 VOTE OF FULL CITY COMMISSION TO LESSEN ANY OF THE STORMWATER REQUIREMENTS CONTAINED IN CHAPTER 54; TO AMEND SECTION 54-45, "PERMIT PROCEDURES," TO CORRECT THE TITLE OF THE CITY'S STORMWATER MASTER PLAN; AND BY AMENDING SUBPART B -"LAND DEVELOPMENT REGULATIONS," BY AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," IN ORDER TO CORRECT THE NAME OF THE CITY'S STORMWATER MASTER PLAN; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, sea level rise and flooding is an ongoing concern of the City; and WHEREAS, low lying infrastructure including buildings must also retrofit and adapt to increased water levels or elevate in order to reduce risk or maintain low risk from potential flood damage; and r WHEREAS, it is appropriate to ensure that the Stormwater Master Plan, as may be amended, is incorporated into Chapter 54, entitled "Flooding" of the City's Code; and WHEREAS, the City's Stormwater Master Plan provides guidance and regulations to ensure minimum flood-proofing requirements to protect residential and commercial structures, and to provide additional levels of protection to maintain consistency with U.S. Federal and State guidance, and WHEREAS, the City desires to require a 5/71h vote of the City Commission in order to reduce, relax, diminish, or repeal the requirements of Chapter 54, and of the Stormwater Master Plan, incorporated by reference therein. WHEREAS, these regulations will accomplish these goals and ensure that the public health, safety and welfare will be preserved. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 54, "Floods," at Section 54-45, "Permit Procedures," is amended as follows: 1 Page 69 of 376 * CHAPTER54 FLOODS * * Sec. 54-39. -Establishment of development permit; adoption of the city's stormwater master plan; and requiring 5/7 vote of the full city commission to lessen any of the stormwater requirements contained in this Chapter 54. Repeal or modification of this 5/7 voting requirement shall require a 5/7 vote of the full city commission. A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities. All developments or applications for development permits shall comply with the city's stormwater master plan, as may be amended. The adoption of any ordinance that would reduce, relax, diminish, or repeal the requirements of this Chapter 54, shall require a 5/7 vote of the city commission. * * * Sec. 54-45 Permit Procedures Application for a development permit shall be made to the building director or his/her designee on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimension, and elevations of the area in questions, existing and proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application stage: * * * (f) A stormwater management plan and site drainage calculations, for new constructions and substantial improvement, shall be prepared by a Florida licensed engineer in accordance with the COM Smith 2011 City's Stormwater Master Plan, as may be amended, to demonstrate that adequate surface drainage shall be provided and surface run-off water shall be diverted to a storm conveyance or other approved point of collection, in accordance with Florida Building Code Sections 1804 and R401.3. The site shall be graded in manner to drain surface water away from foundation walls in accordance with Florida Building Code Sections 1804 and R401.3. All site drainage for new construction shall be designed and constructed in such a manner as to provide runoff rates, volume and 2 Page 70 of 376 pollutant loads not exceeding predevelopment conditions and prevent flooding adjacent properties. * * * SECTION 2. Chapter 114, "General Provisions," of the Land Development Regulations, at Section 114-1, "Definitions," is hereby amended as follows: Sec. 114-1. Definitions. * CHAPTER 114 GENERAL PROVISIONS * * Grade, adjusted means the midpoint elevation between grade and the minimum required flood elevation for a lot or lots. Grade, average existing means the average grade elevation calculated by averaging spot elevations of the existing topography taken at 10-foot intervals along the property lines. Grade, future adjusted means the midpoint elevation between the future crown of the road as defined in the COM Smlth City's Stormwater Master Plan, as may be amended, and the base flood elevation plus minimum freeboard for a lot or lots. Green infrastructure shall be as defined in Section 54-35. * * * SECTION 3. 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 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 Page 71 of 376 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect 1 O days after enactment. PASSED AND ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: October 18, 2017 Second Reading: October 31, 2017 Underline= new language Strikethrough = deleted language Philip Levine, Mayor [Sponsored by Commissioner John Aleman and Co-sponsored by Commissioner Joy Malakoff] 4 Page 72 of 376 O rdinances - R5 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:October 31, 2017 9:37 a.m. Se cond Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEAC H, F LO R IDA, AMEND ING CHAP T E R 6 OF T H E C ODE OF T HE CIT Y OF MIAMI BE AC H, ENT IT LE D "AL CO H OL IC BE VERAGE S," ART ICL E I, ENT IT LED "IN G ENE R AL," S ECT ION 6-3 T HEREO F, E NT IT L E D "HOURS OF SAL E/VIOLAT IONS," TO AME ND T H E HO U R S OF PACKAG E S ALE S OF ALCOHOL IC BE VERAG ES (WH ICH IN CLUDE SAL E S O F AL C OHO L F OR OF F- PRE MIS ES CO N SUMP T ION) IN T H E MXE MIXED US E ENT ERTAIN MENT D IS T RICT, AND IN T H E ADJOINING CD-2 COMME R C IAL, M EDIU M IN T E N SIT Y D IS T RICT; AN D PRO VIDIN G FOR RE PE ALE R, S EVE R ABILIT Y, CO D IFIC AT ION, AN D AN EF FE C T IVE D AT E. R ECO MMENDATI ON AN ALYS IS The attached Ordinance, which is sponsored by C ommi ssi oner Ricky A rriola and co-sponsored by Mayor P hili p L evine, was adopted on F irst Reading by the C ity C ommission on October 18, 2017. The Ordinance i s before the C ity C ommission on October 31, 2017 on S econd Reading/P ublic Hearing. T he Ordinance amends City Code Section 6-3, entitled “Hours of sale/violations,” to amend the hours of package sales of alcoholic beverages (which include sales of alcohol for off-premises consumption) in the M XE Mixed Use Entertainment district, and in portions of the adjoining C D-2 Commercial, Medium Intensity district. T he Ordinance changes the termination time for package sales to 8:00 p.m. in the subject areas. F IN AN C IAL IN F O R MAT IO N T he Ordinance is expected to have no more than a nominal impact on City resources. Legislativ e Tracking Office of the City Attorney Sponsor Page 73 of 376 Vice-Mayor Ricky Arriola and Co-Sponsored by Mayor Philip Levine AT TAC H ME N T S: Description Ordinanc e Ad Page 74 of 376 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALENIOLATIONS," TO AMEND THE HOURS OF PACKAGE SALES OF ALCOHOLIC BEVERAGES (WHICH INCLUDE SALES OF ALCOHOL FOR OFF-PREMISES CONSUMPTION) IN THE MXE MIXED USE ENTERTAINMENT DISTRICT, AND IN THE ADJOINING CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of operation, and minimum patron age for uses that permit the sale and consumption of alcoholic beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and WHEREAS, the Mayor and City Commission have determined that it is in the best interest of the City, and it serves the health, safety, and welfare of the City's residents and visitors, to prohibit package sales of alcoholic beverages (which include sales of alcohol for off- premises consumption) after 8 OO pm. each day, m the MXE district; along Washington Avenue in the CD-2 commercial, medium intensity district adjoining the MXE district; and along the east side of Collins Avenue (between 73rd and 75th Streets) in the CD-2 commercial, medium intensity district adjoining the MXE district; and WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns associated with the sale of alcoholic beverages, on the one hand, and (h) the convenience of the City's residents and visitors who desire to purchase alcoholic beverages, as well as the economic vitality of the City's retail stores, on the other hand; and WHEREAS, State law expressly grants the City the authority to establish its own regulations for the time for sale of alcoholic or mtoxicatmq beverages; and WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by ordinance, establish hours of sale for alcoholic beverages; and WHEREAS, Florida courts have rejected equal protection and due process challenges to Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla. 1973));and WHEREAS, Florida Courts have determined that 1t rs within the police power and authority for a municipality to change the hours of regulation of alcoholic beverages, because municipalities have the statutory authority under Section 562 14, Florida Statutes, to restrict the sale of alcohol, additionally, a municipal ordinance regulating the hours of sale of alcoholic beverages may be applied to a property incorporated later into the municipality by annexation. Village of North Palm Beach v S & H Foster's, Inc , 80 So. 3d 433 (Fla. 4th DCA 2012), and 1 Page 75 of 376 WHEREAS, in State ex rel Floyd v Noel (Fla. 1936), the Florida Supreme Court recognized that "[1]t is so well settled that no citation of authority rs required to support the statement that a municipality exercising the powers inherent in municipal corporations may reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of liquors within certain zones"; and WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1) the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the sanitary conditions under which alcoholic beverages may be dispensed or served to the public Florida AGO 059-73 (1959); and WHEREAS, in fact, the Florida Attorney General has opined that different hours may be provided for in a municipal ordinance, provided there is reasonable relation to the health, safety, and morals of the community. Op Att'y Gen. Fla, p. 497 (1950); and WHEREAS, Florida courts have consistently held that alcoholic beverage establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages. (See Village of North Palm Beach v. S & H Foster's, Inc. (Fla 4th DCA 2012); Other Place of Miami, Inc. v City of Hialeah Gardens (Fla 3d DCA 1978)); and WHEREAS, injunctive relief is not available against the enforcement of a municipal ordinance regulating the time at which alcoholic beverages may be sold, because murucipalities have the statutory authority to set times for sale of alcoholic beverages. Id ; Playpen S., Inc. v. City of Oakland Park, 396 So 2d 830 (Fla. 4th DCA 1981 ); and WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S. Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966), and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified above NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 6-3, entitled "Hours of sale/violations," of Article I, of Chapter 6 of the City Code of the City of M1am1 Beach is hereby amended as follows CHAPTER 6 ALCOHOLIC BEVERAGES ARTICLE l. ln General * * * Sec. 6-3. Hours of sale/violations. (a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use, shall require a State License, and shall be according to the following schedule: (1) Retail stores for package sales only-Off-premises consumption Vendors may make sales of alcohol only for off-premises consumption between the hours of 8.00 a.m and midnight. 2 Page 76 of 376 A Notwithstanding subsection (a)(1), vendors located in the MXE mixed use entertainment district, and the that portion of the CD-2-, commercial .. medium intensity district adjoining the MXE district ber.veen along Washington Avenue and Pennsylvania Avenue, fFem between 5th Street te and 16th Street, and that portion of the CD-2 district adjoining the MXE district along the east side of Collins Avenue (between 73rd and 75th Streets) may make sales of alcohol only for off-premises consumption between the hours of 9;-00 10.00 a.m and 4Q..OO 8·00 pm (2) Retat/ stores, includmg grocery, convenience stores, and gasoline service/fil/mg stations. Retail stores, including grocery, convenience stores, and gasoline service/filling stations, which primarily offer for sale products other than alcoholic beverages may only make sales of beer and wine only for off-premises consumption between the hours of 8 OO a m and midnight A Notwithstanding subsection (a)(2), retail stores, mcludmq grocery, convenience stores, and gasoline service/filling stations, that are located m the MXE mixed use entertainment district, and the that portion of the CD-2 commercial .. fR+*eG ~ medium intensity district adjoining the MXE d1stnct,oo along Washington Avenue and Pennsylvania Avenue, between 5th Street and 4-átA: 16th Street, and that portion of the CD-2 district ad101ning the MXE district along the east side of Collins Avenue (between 73rd and 75th Streets), and which primarily offer for sale products other than alcoholic beverages may only make sales of beer and wine only between the hours of 1 o·oo a.m and 4Q..OO 8.00 p.m. (3) Alcoholic beverage establtshments. All alcoholic beverage establishments with state licensure-On-premises consumption only, may make sales of alcohol between the hours of 8 OO a.m. and 5:00 a.m. (a) Restaurants not operating as dance halls or entertamment establtshments. Restaurants with full kitchen facurtres, serving full meals, licensed as alcoholic beverage establishments, but not operating as dance halls or entertainment establishments, may remain open 24 hours a day, however, alcoholic beverages may not be offered for sale or on-premises consumption between the hours of 5 OO a m. and 8:00 a.m. (b) Restaurants also operating as dance halls or entertainment establishments. Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic beverage establishments, and also operating as dance halls, or entertainment establishments, may remain open 24 hours a day; however, alcoholic beverages may not be offered for sale or on-premises consumption between the hours of 5 OO a m and 8 OO a m , and dancing and entertainment shall not be conducted between the hours of 5:00 a.m. and 10:00 a.m (e) Other alcoholic beverage establishments. Other alcoholic beverage establishments, not containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and remain closed. No patron or other persons, other than those employed by the vendor may remain on the premises between the hours of 5 OO a.m. and 8:00 a.m (d) Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c), alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes, as defined m section 82-366 of this Code and as otherwise permitted by the City m accordance with chapter 82, article IV, division 5, subdivision li of this Code (as 3 Page 77 of 376 may be amended from time to time), between the hours of 1 30 a.m. and 8 OO a m , and shall not be consumed at sidewalk cafes between the hours of 2·00 a.m and 8:00 a.m. No variances may be granted from the provisions of this section 6- 3(3)(d) as to the hours of sale or consumption of alcoholic beverages at sidewalk cafes Note: For purposes of this section, full kitchen facihnes shall mean having commercial grade burners, ovens, and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchen facilities must contain grease trap interceptors, and meet all applicable city, county, and state codes (4) Off-premises package sales by alcoholic beverage establishments Off-premises package sales associated with alcoholic beverage establishments other than retail stores shall be permitted between the hours of 8 OO a m. and midnight A Notwithstanding subsection (a)(4), off-premises package sales associated with alcoholic beverage establishments, other than retail stores, that are located m the MXE mixed use entertainment district and the that portion of the CD-2; commercial, medium intensity district 2,---oo ad101ning the MXE district along Washington Avenue and Pennsylvania Avenue, between 5th Street and .:t-átJ:I 16th Street, and that portion of the CD-2 district adjoining the MXE district along the east side of Collins Avenue (between 73rd and 75th Streets) shall be permitted only between the hours of 1 O OO a m. and 4-0--00 8:00 p.m. * * * SECTION 2. CODIFICATION. lt ts the intention of the Mayor and City Commission of the City of Miami Beach, and 1t 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 re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section," "article," or other appropriate word SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 4 Page 78 of 376 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of , 2017. ATTEST: Rafael E. Granado City Clerk Philip Levine Mayor (Sponsored by Vice-Mayor Ricky Arriola and co-sponsored by Mayor Philip Levine) Underline denotes new language Strikethrough denotes removed language F \ATTO\KALN\ORDINANCES\Package liquor sales - 8PM in MXE and CD2 docx APPROVED AS TO FORM & LANGUAGE ~~ lr'\l,'2/t? Cily- 0¥-.~ 5 Page 79 of 376 Page:NE_AdNE_5,Pub.date:Thursday,October 19 Last user:tcureton@miamiherald.com Edition:1s tSection,zone:,NELastchangeat:17:46:4 October 17 THURSDAY OCTOBER 19 2017 NEIGHBORS 11NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HEARINGS OCTOBER31,2017 NOTICE IS HEREBY giventhatthe CityCommission of the Cit yofMiami Beach,Florida,will hold a Special CityCommission Meeting on October31, 2017 startingat9:30 a.m.,in the Commission Chamber,ThirdFloor,Cit yHall,1700 ConventionCenter Drive,Miami Beach,Florida.ThefollowingPublic Hearings will be heardbythe Mayorand Cit yCommissionersatthe times listed,orassoon thereafter as thematterscan be heard: 9:37a.m.Second ReadingPublicHearing AN ORDINANCE OF THE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,AMENDINGCHAPTER 6OFTHE CODE OF THE CITY OF MIAMIBEACH,ENTITLED “ALCOHOLICBEVERAGES,”ARTICLE I,ENTITLED “INGENERAL,”SECTION 6-3 THEREOF,ENTITLED “HOURS OF SALE/VIOLAT IONS,”TO AMENDTHE HOURSOFPACKAGE SALES OF ALCOHOLIC BEVERAG ES (WHICHINCLUDE SALESOFALCOHOL FOR OFF-PREMISES CONSUMPTION)INTHE MXE MIXED USEENTERTA INMENT DISTRICT,AND IN THE ADJOININGCD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT;AND PROVIDINGFOR REPEALER,SEVERABILIT Y,CODIFICATION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant toSection 2.05oftheCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOffice of theCityAttorneyat305.673.747 0.Please note that the First Readingofthis Ordinance will be heardonOctober 18 ,2017at10:05 a.m.,orassoon thereafter. 9:38 a.m.Second ReadingPublicHearing AN ORDINANCEOFTHE MAYO RAND CITY COMMISSION OF THECIT YOFMIAMIBEACH,FLORIDA,AMENDING CHAPTER 18 OF THE MIAMIBEACH CITY CODE,ENTITLED “BUSINESSES,”BYAMENDING DIVISION 2,ENTITLED,“VA LETPARKINGPERMITSFOR USEOFPUBLICPROPERT Y,”BY AMENDING SECTION 18 -343,ENTITLED,“PENALT IESAND ENFORCEMENT;FINE SCHEDULE;RIGHT OF APPE AL”;BY MODIFYING THE FINE AMOUNTS;PROVIDING FORREPEALER,SEVERABILITY,CODIFICAT ION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant to Section 2.05 of theCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOfficeofthe CityAttorneyat305.673.747 0.Please notethat theFirst Readingof this Ordinance will be heardonOctober18,2017. INTERESTED PA RTIESare invited to appear at this meeting,or be representedbyanagent,or to expresstheir views in writingaddressed to the City Commission,c/o the Cit yClerk,17 00 ConventionCenter Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.Copies of these items areavailable for public inspection duringnormalbusiness hoursinthe Office of the CityClerk,1700 Convention Center Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.This meeting,or any item herein,may be continued,and undersuchcircumstances,additionallegal notice need notbeprovided. Membersofthe public maypresentaudio/visual (AV)materials relatingtoAgendaItems at City Commission meetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the DepartmentofMarketingand Communications by 8:30 A.M.,one (1) business dayprior to themeeting.Advance submittal of apresentation will allowthe Communications Department to plan forthe useofthe appropriate AV equipment.AVmaterials maybesubmitted via email at communications@miamibeachfl.gov;orhand delivered in ajumpdrive,CDorDVD to:Attention: At tention:Department of Marketingand Communications,1701Meridian Avenue,5th Floor,Miami Beach,FL 3313 9.Presentations,videos or linksmust include alabel notingthe name or group,contactperson,daytime telephone number,email address,description/titleofthe presentation and Agenda Item Titleaswell as theAgendaItemnumber.Acceptableformatsfor electronic submissionare .pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Notethat .pdf is the preferred format forPowerPoint presentations.) Pursuant to Section 286.010 5,Fla.Stat.,theCityhereby advises the public that if apersondecides to appeal any decisionmade by the CityCommission with respect to any matter considered at itsmeetingorits hearing,such personmustensurethat averbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does notconstitute consentbythe Cit yfor the introduction or admissionofotherwise inadmissible or irrelevant evidence,nordoes it authorize challengesorappeals nototherwise allowedbylaw. To request this material in alternateformat,sign language interpreter(five-daynotice required),information on accessfor persons with disabilities,and/ or any accommodation to reviewany documentorparticipateinany Cit y-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6;TTY usersmay call via 711(Florida Relay Service). To view the other matters appearingonthe Special Cit yCommission MeetingofOctober 31,2017,please visit http://www.miamibeachfl.gov/cit yclerk/ scroll.aspx?id=86429 Rafael E.Granado,Cit yClerk CityofMiamiBeach Ad No.1425 Page 80 of 376 O rdinances - R5 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:October 31, 2017 9:38 a.m. Se cond Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL ORID A, AME N D ING CHAP T E R 18 OF T H E MIAMI BE ACH CIT Y C ODE, ENT IT L ED “B U SIN ES SE S,” B Y AM ENDIN G DIVISION 2, E N T IT L ED, “VAL ET PAR KIN G PERMIT S FOR U SE OF PUB LIC PRO PE RT Y,” B Y AME N D ING SE C T ION 18-343, E NT IT L ED, “P ENALT IES AND ENFORCEMENT; F INE SCHE DULE; R IG H T OF APP EAL”; BY MODIFYING T H E FIN E AMOUNT S; PROVIDING FOR R EP EAL ER, SE VERAB IL IT Y, CODIFICAT IO N, AND AN EFFE CT IVE DAT E. R ECO MMENDATI ON Pursuant to the request of Commissioner Joy Malakoff, the above-referenced Ordinance is submitted for approval by the Mayor and City Commission at the October 31, 2017 Commission Meeting. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Joy Malakoff AT TAC H ME N T S: Description Ordinanc e Amending Chapter 18 Businesses Sec 18-343 Penalties and Enforcement Re Valet Parking Ad Page 81 of 376 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18-343, ENTITLED, "PENALTIES AND ENFORCEMENT; FINE SCHEDULE; RIGHT OF APPEAL"; BY MODIFYING THE FINE AMOUNTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the amendment to the Ordinance would reduce the monetary fine for those first and second offense violations committed by valet operators throughout the City of Miami Beach; and WHEREAS, the City Commission finds that a reduction of the monetary fine for those first and second violations is appropriate, and will minimize the financial impact to valet operators who receive a first and second offense violation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 18 BUSINESSES * * ARTICLE VIII. Parking Lot DIVISION 2. Valet Parking Permits for Use of Public Property * * SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: Sec. 18-343. Penalties and enforcement; fine schedule; right of appeal. (a) Penalties and enforcement. (1) A violation of article VIII, except as specifically set forth herein, shall be subject to the following fines: i. If the violation is the first offense, there shall be a civil fine of $1,000.00 $500.00; ii. If the violation is the second violation within the preceding twelve months, there shall be a civil fine of $2,000.00 $1,000.00; ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING DIVISION 2, ENTITLED, "VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18-343, ENTITLED, "PENALTIES AND ENFORCEMENT; FINE SCHEDULE; RIGHT OF APPEAL"; BY MODIFYING THE FINE AMOUNTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the amendment to the Ordinance would reduce the monetary fine for those first and second offense violations committed by valet operators throughout the City of Miami Beach; and WHEREAS, the City Commission finds that a reduction of the monetary fine for those first and second violations is appropriate, and will minimize the financial impact to valet operators who receive a first and second offense violation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 18 BUSINESSES ARTICLE VIII. Parking Lot * * * DIVISION 2. Valet Parking Permits for Use of Public Property SECTION 1. Article VIII of Division 2 of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: Sec. 18-343. Penalties and enforcement; fine schedule; right of appeal. (a) Penalties and enforcement. (1) A violation of article Vlll, except as specifically set forth herein, shall be subject to the following fines: i. If the violation is the first offense, there shall be a civil fine of $1,000.00 $500.00: ii. If the violation is the second violation within the preceding twelve months, there shall be a civil fine of $2,QOO.£0 $1.OOP.00: Page 82 of 376 iii. If the violation is the third violation within the preceding twelve months, there shall be a civil fine of $3,000.00; iv. If the violation is the fourth or subsequent violation within the preceding twelve months, there shall be a civil fine of $5,000.00. (2) A violation of section 18-340 shall be subject to the following fines: i. If the violation is the first offense, there shall be a civil fine of $100.00; ii. If the violation is the second violation within the preceding nine months, there shall be a civil fine of $250.00; iii. If the violation is the third violation within the preceding nine months, there shall be a civil fine of $500.00; iv. If the violation is the fourth or subsequent violation within the preceding nine months, there shall be a civil fine of $1,000.00. (3) Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in subsection 18-343(a)(1) above, for violations of article VIII, except as to section 18-340: a. Enhanced penalties: (I) If the offense is a third offense within the preceding 12-month period of time, in addition to the fine set forth in subsection 18-343(a)(1), the valet operator, valet permit holder, property owner, company or business entity must be prohibited from conducting the valet operation(s) for a period of 10 days. (ii) If the offense is a fourth or subsequent offense, in addition to any fine set forth in subsection 18-343(a)(1), the valet operator, valet permit holder, property owner, company or business entity must be deemed a habitual offender, and the City Manager may revoke the business tax receipt or the certificate of use issued to such valet operator, valet permit holder, property owner, company or business entity that have been deemed a habitual offender(s) pursuant to this section for a period not to exceed one year. (4) Enforcement. The city's parking department and the Miami Beach Police Department shall enforce this article. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a parking enforcement officer or a police officer finds a violation of this article, the parking enforcement officer or 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 paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing. (5) Rights of violators; payment of fine; right to appear; failure to pay 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) pay the civil fine in the manner indicated on the notice of violation; or (ii) request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10) days of the service of the notice of violation. 2 ili. If the violation is the third violation within the preceding twelve months, there shall be a civil fine of $3,000.00; iv. If the violation is the fourth or subsequent violation within the preceding twelve months, there shall be a civil fine of $5,000.00. (2) A violation of section 18-340 shall be subject to the following fines: i. if the violation is the first offense, there shall be a civil fine of $100.00; ii. If the violation is the second violation within the preceding nine months, there shall be a civil fine of $250.00; iii. If the violation is the third violation within the preceding nine months, there shall be a civil fine of $500.00; iv. If the violation is the fourth or subsequent violation within the preceding nine months, there shall be a civil fine of $1,000.00. (3) Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in subsection 18-343(a)(1) above, for violations of article VIII, except as to section 18-340: a. Enhanced penalties: (i) If the offense is a third offense within the preceding 12-month period of time, in addition to the fine set forth in subsection 18-343(a}(1), the valet operator, valet permit holder, property owner, company or business entity must be prohibited from conducting the valet operation(s) for a period of 10 days. (ii) If the offense is a fourth or subsequent offense, in addition to any fine set forth in subsection 18-343(a)(1), the valet operator, valet permit holder, property owner, company or business entity must be deemed a habitual offender, and the City Manager may revoke the business tax receipt or the certificate of use issued to such valet operator, valet permit holder, property owner, company or business entity that have been deemed a habitual offender(s) pursuant to this section for a period not to exceed one year. (4) Enforcement. The city's parking department and the Miami Beach Police Department shall enforce this article. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a parking enforcement officer or a police officer finds a violation of this article, the parking enforcement officer or 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 paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing. (5) Rights of violators; payment of fine; right to appear; failure to pay 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) pay the civil fine in the manner indicated on the notice of violation; or (ii) request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10) days of the service of the notice of violation. Page 83 of 376 b. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. A request for appeal must be accompanied by a fee as approved by a resolution of the city commission. c. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by 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 right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. d. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the sixty-first (61st) day following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. e. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. f. The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. g. The special master shall not have discretion to alter the penalties prescribed herein. (6) The parking department, shall withhold issuance of any new valet permits and leased public on-street/curbside valet parking spaces, and suspend current valet permits until past due violations are paid in full. The parking department reserves the right to bring forward to the special master any party who has waived their right to appeal and has over three (3) outstanding violations. (7) Valet operator's responsibility for vehicles in their possession. Valet operators shall pay all fines and fees, including towing charges, arising in connection with a patron's vehicle which is in the possession of the valet operator at the time such charge is incurred. This does not preclude the valet operator from also being cited by the parking department for violations of this section article which resulted in the imposition of the fines and fee. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 b. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. A request for appeal must be accompanied by a fee as approved by a resolution of the city commission. c. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by 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 right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. d. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the sixty-first (61st) day following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. e. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. f. The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. g. The special master shall not have discretion to alter the penalties prescribed herein. (6) The parking department, shall withhold issuance of any new valet permits and leased public on-street/curbside valet parking spaces, and suspend current valet permits until past due violations are paid in full. The parking department reserves the right to bring forward to the special master any party who has waived their right to appeal and has over three (3) outstanding violations. (7) Valet operator's responsibility for vehicles in their possession. Valet operators shall pay all fines and fees, including towing charges, arising in connection with a patron's vehicle which is in the possession of the valet operator at the time such charge is incurred. This does not preclude the valet operator from also being cited by the parking department for violations of this section article which resulted in the imposition of the fines and fee. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Page 84 of 376 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 (10th) day following its adoption. PASSED AND ADOPTED this day of , 2017. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Joy Malakoff) Underline denotes additions Strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION `7.7. kiV City Attorney 44.0 D e 4 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 (10th) day following its adoption. PASSED AND ADOPTED this day of 2017. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Joy Malakoff) Underline denotes additions Strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION %* 1 City Attorney Page 85 of 376 Page:NE_AdNE_5,Pub.date:Thursday,October 19 Last user:tcureton@miamiherald.com Edition:1s tSection,zone:,NELastchangeat:17:46:4 October 17 THURSDAY OCTOBER 19 2017 NEIGHBORS 11NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HEARINGS OCTOBER31,2017 NOTICE IS HEREBY giventhatthe CityCommission of the Cit yofMiami Beach,Florida,will hold a Special CityCommission Meeting on October31, 2017 startingat9:30 a.m.,in the Commission Chamber,ThirdFloor,Cit yHall,1700 ConventionCenter Drive,Miami Beach,Florida.ThefollowingPublic Hearings will be heardbythe Mayorand Cit yCommissionersatthe times listed,orassoon thereafter as thematterscan be heard: 9:37a.m.Second ReadingPublicHearing AN ORDINANCE OF THE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,AMENDINGCHAPTER 6OFTHE CODE OF THE CITY OF MIAMIBEACH,ENTITLED “ALCOHOLICBEVERAGES,”ARTICLE I,ENTITLED “INGENERAL,”SECTION 6-3 THEREOF,ENTITLED “HOURS OF SALE/VIOLAT IONS,”TO AMENDTHE HOURSOFPACKAGE SALES OF ALCOHOLIC BEVERAG ES (WHICHINCLUDE SALESOFALCOHOL FOR OFF-PREMISES CONSUMPTION)INTHE MXE MIXED USEENTERTA INMENT DISTRICT,AND IN THE ADJOININGCD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT;AND PROVIDINGFOR REPEALER,SEVERABILIT Y,CODIFICATION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant toSection 2.05oftheCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOffice of theCityAttorneyat305.673.747 0.Please note that the First Readingofthis Ordinance will be heardonOctober 18 ,2017at10:05 a.m.,orassoon thereafter. 9:38 a.m.Second ReadingPublicHearing AN ORDINANCEOFTHE MAYO RAND CITY COMMISSION OF THECIT YOFMIAMIBEACH,FLORIDA,AMENDING CHAPTER 18 OF THE MIAMIBEACH CITY CODE,ENTITLED “BUSINESSES,”BYAMENDING DIVISION 2,ENTITLED,“VA LETPARKINGPERMITSFOR USEOFPUBLICPROPERT Y,”BY AMENDING SECTION 18 -343,ENTITLED,“PENALT IESAND ENFORCEMENT;FINE SCHEDULE;RIGHT OF APPE AL”;BY MODIFYING THE FINE AMOUNTS;PROVIDING FORREPEALER,SEVERABILITY,CODIFICAT ION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant to Section 2.05 of theCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOfficeofthe CityAttorneyat305.673.747 0.Please notethat theFirst Readingof this Ordinance will be heardonOctober18,2017. INTERESTED PA RTIESare invited to appear at this meeting,or be representedbyanagent,or to expresstheir views in writingaddressed to the City Commission,c/o the Cit yClerk,17 00 ConventionCenter Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.Copies of these items areavailable for public inspection duringnormalbusiness hoursinthe Office of the CityClerk,1700 Convention Center Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.This meeting,or any item herein,may be continued,and undersuchcircumstances,additionallegal notice need notbeprovided. Membersofthe public maypresentaudio/visual (AV)materials relatingtoAgendaItems at City Commission meetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the DepartmentofMarketingand Communications by 8:30 A.M.,one (1) business dayprior to themeeting.Advance submittal of apresentation will allowthe Communications Department to plan forthe useofthe appropriate AV equipment.AVmaterials maybesubmitted via email at communications@miamibeachfl.gov;orhand delivered in ajumpdrive,CDorDVD to:Attention: At tention:Department of Marketingand Communications,1701Meridian Avenue,5th Floor,Miami Beach,FL 3313 9.Presentations,videos or linksmust include alabel notingthe name or group,contactperson,daytime telephone number,email address,description/titleofthe presentation and Agenda Item Titleaswell as theAgendaItemnumber.Acceptableformatsfor electronic submissionare .pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Notethat .pdf is the preferred format forPowerPoint presentations.) Pursuant to Section 286.010 5,Fla.Stat.,theCityhereby advises the public that if apersondecides to appeal any decisionmade by the CityCommission with respect to any matter considered at itsmeetingorits hearing,such personmustensurethat averbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does notconstitute consentbythe Cit yfor the introduction or admissionofotherwise inadmissible or irrelevant evidence,nordoes it authorize challengesorappeals nototherwise allowedbylaw. To request this material in alternateformat,sign language interpreter(five-daynotice required),information on accessfor persons with disabilities,and/ or any accommodation to reviewany documentorparticipateinany Cit y-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6;TTY usersmay call via 711(Florida Relay Service). To view the other matters appearingonthe Special Cit yCommission MeetingofOctober 31,2017,please visit http://www.miamibeachfl.gov/cit yclerk/ scroll.aspx?id=86429 Rafael E.Granado,Cit yClerk CityofMiamiBeach Ad No.1425 Page 86 of 376 Ordinances - R 5 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:40 a.m. First Re ading Public He aring S UB J E C T:N ORT H BEAC H N AT IONAL REG IS T E R C ONS ERVAT IO N D IS T RIC T S D EMOLIT ION MO R AT ORIU M: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BE ACH, FL ORIDA, P ERTAININ G TO EXT ENDIN G T H E MO R AT ORIU M T HROUGH J ANUARY 31, 2018 FOR T H E F OL LOWING AREAS/PRO PE RT IE S: PROPE RT IES LO C AT E D BE T WEEN TAT U M WAT ERWAY D R IVE/B YRON AVENUE ON T HE WE ST AND T HE EAST ERN LOT LINE S O F LO T S F R ONT ING ABB OT T AVENUE O N T H E E AST BE T WE EN 77T H ST R EE T O N T HE S OUT H AN D 86T H S T RE ET O N T HE NORT H; T HE PROPE RT IE S L OCAT ED B ET WEE N T HE TAT U M WAT ERWAY ON T H E WES T AND T HE EAS T E RN LO T L INES OF LOT S FRO N T IN G ABBO T T AVENUE O N T HE E AST BE T WE EN 75T H S T RE ET ON T H E SOUT H AND 77T H S T RE ET O N T HE NORT H; T H E P R OP ERT IES LOC AT ED AT 8519, 8525, AND 8527 CRE SP I B OUL EVARD; T H E P R OP ERT IES F R ONT ING NO R M AN D Y D R IVE F ROM R U E NO T RE D AME ON T H E WE ST TO BAY DRIVE ON T HE E AST; T HE P ROPERT IE S F R ONT ING 71ST ST R EE T FROM R U E NOT RE DAME ON T HE WES T T O B AY D R IVE ON T HE EAS T; T HE PROPE RT IES FRO N T IN G T HE E AST S IDE O F RUE VE RSAILL E S F R OM 71ST ST R EE T T O BIAR R IT Z D R IVE; T HE PRO PE RT IE S FRONT ING BIAR R IT Z D R IVE F R OM R U E VERS AIL LE S ON T H E WES T T O R U E VENDOME ON T HE EAS T; T HE P ROPE RT IE S F R ONT ING RUE VENDO ME F R OM 71ST S T RE ET ON T HE N ORT H TO B R ES T ESPL AN AD E ON T HE SO U T H; T HE P R OP ERT IES F R ONT ING BRE ST ES PL ANADE; T HE P R OP ERT IE S F R ONT ING T HE WE ST SID E O F B AY DR IVE FROM BRE ST ES PL ANADE ON T HE S OUT H T O 71ST ST R EE T ON T H E NORT H; T HE PRO PE RT IE S FRON T ING T H E E AST SIDE OF BAY DRIVE F RO M 71ST ST R EE T ON T H E SOUT H TO T HE N ORMANDY WAT ERWAY ON T HE N ORT H; IMPO SIN G A T E MPORARY MORATORIUM U PON T HE RE CEIPT O F O R P R OCE SS ING OF APP LICAT IO N S, P ERMIT S OR PE N DING APP ROVAL S PERTAIN ING TO DEM OL IT IO N O F S T RUCT U R ES WIT HIN T HE AF ORE D ES C RIB ED ARE AS; P R OVIDING FOR AN E F F ECT IVE D AT E RE T ROAC T IVE T O F IRS T READING, OCT OBE R 31, 2017; FOR ZONING IN PROGRESS P URPOS ES, T HIS ORDIN AN C E SHAL L B E EFFE C T IVE U PON F IRS T READIN G OF T HIS ORDINANCE, AND N O APPL IC AT IONS FOR D EMOLIT ION WIT H IN T HE D ES IG N AT E D AR EA SHAL L BE AC C EP T E D B Y T HE C IT Y; PROVIDING FOR E XC EP T IONS; P R OVIDING FO R SE VERAB IL IT Y; R EP EAL OF C ONFL ICT ING ORDIN AN C E PRO VIS IO N S; AN D P R OVID ING FOR AN E XPIRAT IO N DAT E. Page 87 of 376 R ECO MMENDATI ON T he Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. AN ALYS IS B A C K GROU N D On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: • T he “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. • T he “Normandy Isles National Register District:” Generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. T his moratorium remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, and expired on January 13, 2017. On March 1, 2017, the moratorium was extended an additional 180 days, retroactive to February 8, 2017. T his extended moratorium expired on August 8, 2017. On June 28, 2017, the current moratorium was extended, retroactive to February 8, 2017, and is set to expire on October 31, 2017. PLANNI NG A NALY SI S T he proposed moratorium is an extension of the previous moratorium, and would apply to the demolition of any “Contributing” structure within the areas identified for inclusion in the proposed North Beach National Register Conservation Districts. Generally, this includes the areas of the North Shore and Normandy Isles National Register Districts that were not included within the proposed boundaries of the local historic districts. T he moratorium extension would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to February 8, 2017, which is the applicable date of the existing moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would remain in effect until January 31, 2018, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. T he ordinance is proposed to be effective, RE T RO AC T IVE, to October 31, 2017. T he proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be considered by the Planning Board on October 24, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until December. T he proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation. C O N C L U S IO N T he Administration recommends that the City Commission approve the subject Ordinance at First Page 88 of 376 Reading and set a Second Reading Public Hearing for December 13, 2017. Legislativ e Tracking Planning Sponsor Vice-Mayor Ricky Arriola AT TAC H ME N T S: Description Form Approved ORD I NA NC E - North Beac h NR Ad Page 89 of 376 North Beach National Register Conservation Districts Demolition Moratorium ORDINANCE NO. ___ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MiAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH JANUARY 31, 2018 FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71sr STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71sr STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME· ON THE'" EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71sr STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71sr STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71sr STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES WITHIN THE AFOREDESCRIBED AREAS; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, OCTOBER 31, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. WHEREAS, the Mayor and City Commission desire to create a conservation district overlay for the entirety of the North Beach National Historic District and the Normandy Isles National Historic District; and WHEREAS, within the two National Historic Districts, the City has triggered zoning in progress to create two new local historic districts, which two districts are smaller than the larger National Historic Districts; and Page 90 of 376 WHEREAS, the Mayor and City Commission have implemented a temporary moratorium on the receipt of and processing of demolition permits to ensure the completion of the regulations relating to the creation of conservation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South and has imposed a moratorium for that area; and WHEREAS, as the conservation district regulations have not been drafted or implemented, the City desires to implement a moratorium for the portions of the proposed conservation district that is not currently subject to the Tatum Waterway Moratorium, or zoning in progress under the local historic district designation process: and WHEREAS, as seen in WCI Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plan where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless it is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare in its proper sense. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's legislative has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting the conservation district regulations; and WHEREAS, while the planning process is being solidified, some key areas of emphasis have emerged as the essential foundations to ensure the creation of the conservation district guidelines while garnering widespread support throughout the community, including but not limited to a balanced strategy to promote historic preservation while supporting incentives for greater development, density and activation; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment that provides improved communities, enhances public benefits in the form of compatible architecture and uses; WHEREAS, the creation of a· master plan and analysis of the impacts due to such plan on parks, recreation, open space, infrastructure, accessibility of emergency and public service vehicular traffic and public safety and public facilities needs is important to the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission has noted the rapid demolition of a multitude of structures within the study area, and is concerned that the character of the community, and possible increase of incompatible uses or structures is of concern; and WHEREAS, the City in order to protect and preserve the character of the remaining areas not covered by the (a) Tatum Waterway moratorium or (b) zoning in progress for the local designation areas, while the City develops the conservation district regulations, the moratorium is necessary; and 2 Page 91 of 376 WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services and on how these structures are handling for land development reasons; and WHEREAS, the City requires time to review, consider, modify, process for adoption, and implementation regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the plan; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure the Community's problems are not exacerbated during the time it takes to formulate a regulatory scheme; and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demand for City ,services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed right of present enjoyment, Id.; and WHEREAS, the City is not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code; and WHEREAS, the City requires a limited amount of additional time, as the original moratorium is scheduled to expire on July 7, 2017, and although great progress has been made, including by the North Beach Steering Committee, but additional time is needed to obtain a consensus, and finalize .the new draft regulations; and WHEREAS, the Mayor and City Commission extended the moratorium on demolition permits through October 31, 20_17, or adoption of the Conservation District regulations, whichever is first; and WHEREAS, the Planning Board has yet to provide a recommendation on the Conservation District, but is scheduled to do so; and WHEREAS, a short extension of the moratorium is necessary to ensure that zoning-in- progress is triggered by the Planning Board. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. MORATORIUM AREA. On February 8, 2017, the City Commission enacted Ordinance, 2017-0475, provided a six month moratorium through July 8, 2017, was extended to October 31, 2017, and which is being extended through this Ordinance through January 31, 2018. The imposed Moratorium shall be on the acceptance of applications for or the processing of applications for the demolition of any structure for the following areas/properties: properties located ~etween Tatum Waterway Drive/Byron Avenue on the west and the eastern lot lines of lots fronting 3 Page 92 of 376 Abbott Avenue on the east between 77th Street on the south and 86th Street on the north; the properties located between the Tatum Water-Way on the west and the eastern lot lines of lots fronting Abbot Avenue on the east between 75th Street on the south and 7?1h Street on the north; the properties located at 8519, 8525, and 8527 Crespi Boulevard; the properties fronting Normandy Drive from Rue Notre Dame on the west to Bay Drive on the east; the properties fronting 71st Street from Rue Notre Dame on the west to Bay drive on the east; the properties fronting the east side of Rue Versailles from 71 st Street to Biarritz Drive; the prop~rties fronting Biarritz Drive from Rue Versailles on the west to Rue Vendome on the east; the properties fronting Rue Vendome from 71st Street on the north to Brest Esplanade on the south; the properties fronting Brest Esplanade; the properties fronting the west side of Bay drive from Brest Esplanade on the south to 71 st Street on the north; the properties fronting the east side of Bay Drive from 71st Street on the south to the Normandy Waterway on the north. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through January 21, 2018, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach or the conservation district ordinance is recommended favorably by the Planning Board, which recommendation would trigger zoning-in-progress; whichever event is first. SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. PASSED and ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: October 31, 2017 Second Reading: Verified by:----------- Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language Strikethru denotes stricken language 4 Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE FOR XECUTI N 1 . /o ( ivfi r1' '/fjy Date . Page 93 of 376 Page 94 of 376 O rdinances - R5 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:41 a.m. First Re ading Public He aring S UB J E C T:N ORT H BE AC H TAT U M WAT E RWAY C ONS ERVAT IO N D IS T RICT DE MOL IT ION MORATORIU M: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL OR IDA, E XT E N D ING T HE MORAT ORIU M T H R OUGH J AN UARY 31, 2018, FOR P ROPERT IE S FRONT ING ON TAT UM WAT E RWAY AN D LOC AT ED ON T H E WEST SIDE O F TAT U M WAT ERWAY DRIVE AND B YRON AVENUE FROM 77T H S T RE ET T O 87T H ST REET, PRO PE RT IE S LO C AT E D ON T HE E AST SID E OF HAWT HORNE AVE N U E F R OM 77T H S T REET T O C R ES PI BOULE VARD, PRO PE RT IE S L OCAT ED ON T HE EAS T SID E OF C R ES PI BOULE VARD F RO M HAWT H ORNE AVE N U E TO 85T H S T RE ET, AN D PROPE RT IES LOCAT ED ON T HE NORT H S IDE OF 85T H ST R EE T B ET WEE N C R ES PI B OUL EVAR D AN D BYRO N AVENUE; IMP OS ING A T E MPO R ARY MORATORIU M U PON T H E R ECE IP T O F OR PROC ES SING OF AP PL ICAT ION S, PE R MIT S O R P ENDING APP R OVAL S P ERTAIN ING T O DEMOLIT IO N OF ST R UCT URES ON TAT U M WAT E RWAY; FO R Z ONING IN PRO GRE SS PURP OSES, T HIS ORDIN AN CE SHAL L B E E F F EC T IVE UPON F IRS T RE AD ING OF T HIS O R D INANCE, AN D NO APPLICAT IO N S F OR DE M OL IT ION WIT H IN T HE D ES IGNAT ED ARE A SHAL L BE AC C EP T E D BY T HE CIT Y; PROVID ING FOR EXCE PT IONS; P R OVID ING FO R SE VERAB IL IT Y; RE PE AL OF C ONFL ICT ING ORDINANCE P R OVISIONS; AND PROVID ING FO R AN E XPIRAT IO N DAT E. R ECO MMENDATI ON T he Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. AN ALYS IS B A C K GROU N D On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: • T he “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. Page 95 of 376 • T he “Normandy Isles National Register District:” Generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. At a special meeting on December 9, 2016, the City Commission directed the City Attorney to draft an ordinance extending the existing demolition moratorium to the area of Tatum Waterway an additional 6 months (180 days). On February 8, 2017, this 180 day extension was adopted, retroactive to January 11, 2017. T he moratorium for Tatum Waterway was set to expire on or about July 11, 2017. On June 28, 2017, the moratorium was extended to, and is set to expire on October 31, 2017. PLANNI NG A NALY SI S T he proposed moratorium would apply to the demolition of any “Contributing” structure within the Tatum Waterway area of the North Shore National Register District. Generally, the proposed moratorium will apply to properties fronting on Tatum Waterway Drive, Byron Avenue and Crespi Blvd from 77th street to 87th street. T he moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to July 13, 2016, which is the applicable date of the origianl moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would remain in effect until January 31, 2018, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. T he ordinance is proposed to be effective, RE T RO AC T IVE, to October 31, 2017. T he proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be considered by the Planning Board on October 24, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until December. T he proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation. C O N C L U S IO N T he Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for December 13, 2017. Legislativ e Tracking Planning Sponsor Vice-Mayor Ricky Arriola AT TAC H ME N T S: Description Form Approved ORD I NA NC E - Tatum Page 96 of 376 Ad Page 97 of 376 North Beach Tatum Waterway Conservation District Demolition Moratorium ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING .THE MORATORIUM THROUGH JANUARY 31, 2018, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 37TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 35TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 35TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. WHEREAS, the Mayor and City Commission have recognized the need for a temporary moratorium on the receipt of and processing of demolition permits to ensure the completion of the regulations relating to the creation of conservation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South; and WHEREAS, as seen in WCI Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plan where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless it is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare in its proper sense. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's legislative has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and Page 98 of 376 WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting the North Beach vision through the Master Plan process; and WHEREAS, while the planning process is being solidified, some key areas of emphasis have emerged as the essential foundations to ensure the creation of the conservation district guidelines while garnering widespread support throughout the community, including but not limited to a balanced strategy to promote historic preservation while supporting incentives for greater development, density and activation; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment that provides improved communities, enhances public benefits in the form of compatible architecture and uses; WHEREAS, the creation of a master plan and analysis of the impacts due to such plan on parks, recreation, open space, infrastructure, accessibility of emergency and public service vehicular traffic and public safety and public facilities needs is important to the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission has noted the rapid demolition of a multitude of structures within the study area, and is concerned that the character of the community, and possible increase of incompatible uses or structures is of concern; and WHEREAS, the City in order to protect and preserve Tatum Waterway, while the City develops the conservation district regulations, the moratorium is necessary; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services and on how these structures are handling for land development reasons; and · r WHEREAS, the City requires time to review, consider, modify, process for adoption, and implementation regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the plan; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure the Community's problems are not exacerbated during the time it takes to formulate a regulatory scheme; and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply the law retroactively, and (2) when allowed, the retroactive application is constitutionally permissible, in that the new law does not create new obligations, impose new penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003); and 2 Page 99 of 376 WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed right of present enjoyment, Id.; and. WHEREAS, the City is not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code; and WHEREAS, the City requires a limited amount of additional time, as the original moratorium is scheduled to expire on July 7, 2017, and although great progress has been made, including by the North Beach Steering Committee, but additional time is needed to obtain a consensus, and finalize the new draft regulations; and WHEREAS, the Mayor and City Commission extended the moratorium on demolition permits through October 31, 2017, or adoption of the Conservation District regulations, whichever is first; and WHEREAS, the Planning Board has yet to provide a recommendation on the Conservation District, but is scheduled to do so; and WHEREAS, a short extension of the moratorium is necessary to ensure that zoning-in- progress is triggered by the Planning Board. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. MORATORIUM AREA. On February 8, 2017, the City Commission enacted Ordinance, 2017-0471, which provided a six month moratorium through July 8, 2017, extended through October 31, 2017, and which moratorium is being extended through this Ordinance. The imposed Moratorium shall apply to the acceptance of applications for or the processing of applications for the demolition of any structyre for properties fronting on Tatum Waterway and located on the west side of Tatum Waterway Drive and Byron Avenue from 7?1h Street to 8?1h Street, properties located on the east side of Hawthorne Avenue from 77th Street to Crespi Boulevard, properties located on the east side of Crespi Boulevard from Hawthorne Avenue to 851h Street, and properties located on the north side of 851h Street between Crespi Boulevard and Byron Avenue. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. 3 Page 100 of 376 SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through January 21, 2018, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach or the conservation district ordinance is recommended favorably by the Planning Board, which recommendation would trigger zoning-in-progress; whichever event is first. SECTION 5. SEVERABILITY. That if any clause, section· or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinan~e shall not be affected thereby, but shall remain in full force and effect. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. PASSED and ADOPTED this __ day of _______ , 2017. ATTEST: Rafael E. Granado, City Clerk First Reading: October 31, 2017 Second Reading: / Verified by:----------- Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language Strikethru denot~s stricken language Philip Levine, Mayor 4 10( zf/rr --Dote Page 101 of 376 Page 102 of 376 Resolutions - R 7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:44 a.m. Public He aring S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BEACH, F LOR IDA, AD OP T IN G T HE F OURT H AMENDMENT TO T HE GE NERAL F U N D, ENT ERP R IS E F U N D, INT ERNAL S ERVIC E FUND, AN D SP ECIAL REVE N U E F U N D B UDGET S F OR F IS C AL Y EAR (F Y) 2016/17. R ECO MMENDATI ON T his item should be open and continued to November 13, 2017 Commission Meeting. Legislativ e Tracking Budget and Performance Improvement Page 103 of 376 Resolutions - R7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:45 a.m. Public He aring S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE ACH, FL ORIDA, ADO PT ING T HE F IRS T AME N D MENT TO T HE C APITAL BUD GE T FO R FISCAL YEAR 2017/18. Legislativ e Tracking Budget and Performance Improvement AT TAC H ME N T S: Description ME MO - First Amendment to the F Y17 Capital Budget Resolution Page 104 of 376 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 31, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2017/18. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital Improvement Plan (“CIP”) serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the spring when all departments are asked to prepare capital improvement updates and requests on the department’s ongoing and proposed capital projects. Individual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The CIP is updated annually and submitted to the City Commission for adoption. The 2017/18 – 2021/22 Capital Improvement Plan and FY 2017/18 Capital Budget was adopted on September 25, 2017 by Resolution 2017-30026. Section 166.241(4) (c.), Florida Statutes, requires that a municipality’s budget amendment must be adopted in the same manner as the original budget. Administration recommends adopting the Resolution for the First Amendment to the FY 2017/18 Capital Budget. FIRST AMENDMENT TO THE FY 2017/18 CAPITAL BUDGET The First Amendment to the FY 2017/18 Capital Budget totals a decrease of $847,543.93 and re-appropriations of $3,621,461.79 in order to provide additional funding, and to reallocate funding between the following capital projects. Page 105 of 376 Resolution Adopting the First Amendment to the Capital Budget for FY 2017/18 October 31, 2017 Page 2 of 6 1. Española Way Conversion between Washington Avenue and Drexel Avenue: The scope of this project includes the reconstruction of the existing pavement to pavers or colored concrete, replacement of existing water main, drainage improvements and rehabilitation of existing sanitary sewer main, laterals and manholes. The project also includes new decorative LED pedestrian street lights. During the development of the FY 2017/18 Capital budget, $400,276 was added to this project to allow for the installation of security bollards on Espanola Way. This budget amendment would increase funding to this project by $100,000, as the bids received to purchase and install the bollards at this location have exceeded the original estimate. Funding for this amendment would come from the Capital Reserve Fund balance- Fund 304 Prior Years’ Appropriations $2,545,466 October 31, 2017 Budget Amendment 100,000 Proposed Total Appropriations $2,645,466 2. 555 Building Mold Remediation: The scope of this project comprises mold remediation work, including roof work, exterior wall repair, new flooring, and drywall repair to the 555 Building. This budget amendment would increase funding to the project by $186,760.76 in order to cover the cost of additional expenditures encountered after the initial demolition and abatement of the mold at the 555 building. Complete remediation of the mold will include removal and replacement of ductwork currently built with asbestos, as well as replacement of the kitchen cabinets due to significant water damage. Funding for this amendment would come from the transfer of funds, which are not needed in the three projects outlined below, as well as $94,100 from the Capital Renewal & Replacement Fund balance- Fund 125  South Shore Community Center Exterior Paint - $27,446.11  South Shore Community Center Switch Gear Replacement - $16,700  South Shore Community Center- Replacement Chilled Water Pump - $48,514.65 Prior Years’ Appropriations $222,712.00 October 31, 2017 Budget Amendment 186,760.76 Proposed Total Appropriations $409,472.76 Page 106 of 376 Resolution Adopting the First Amendment to the Capital Budget for FY 2017/18 October 31, 2017 Page 3 of 6 3. Reallocation of Funds between General Obligation (G.O.) Bond-Funded Projects: A general obligation bond is a form of debt financing payable solely from property taxes, backed by a pledge of the City’s “full faith and credit” or taxing power, and used to finance capital projects that do not produce revenues. The City currently has unspent dollars associated with five G.O. bonds. These include the 1996 Parks bond, the 1999 Fire Safety bond, the 2003 Fire Safety bond, the 2003 Parks & Recreation bond, and the 2003 Neighborhood bond. During the development of the FY 2017/18 budget, the Commission decided to develop a new G.O. Bond program for voter approval on November 6, 2018. As part of this process, the Finance department advised that an analysis of the unspent G.O. Bond funds would be conducted with a goal of expediting the expenditure of these bond funds by re-allocating the dollars from projects which are either completed (as indicated below), or will not be completed within this fiscal year to projects which are projected to spend these funds in FY 2017/18. The funding from the donor projects in this realignment is anticipated to be replaced by new funding from the new proposed G.O. bond program. This budget amendment would transfer G.O. bond funding between existing projects in order to meet this objective as follows: West Avenue Phase II – Funding would be transferred from the projects outlined below in order to increase funding in the West Avenue Phase II project. These 2003 Neighborhood G.O. bond dollars would be used to fund a portion of the unfunded above-ground costs of this project:  Indian Creek Greenway - $33,453.82  Seawall- Dickens Avenue Shoreline - $26,250.00  La Gorce Neighborhood Improvement - $1,455,549.32  La Gorce Island Lighting - $66,376.00 (swapping 2003 Neigh. Bond funding with PAYGO funding, and releasing PAYGO funds)  Public Works Facility - $21,378.72  Parks Maintenance Facility - $404,882.31  Normandy Isle Neighborhood ROW Phase II - $231,013.65  Property Management Facility (completed) - $24,398.75  West Avenue /Bay Road Neighborhood Facility - $157,433.53 Prior Years’ Appropriations $56,108,748.00 October 31, 2017 Budget Amendment 2,420,736.10 Proposed Total Appropriations $58,529,484.10 Page 107 of 376 Resolution Adopting the First Amendment to the Capital Budget for FY 2017/18 October 31, 2017 Page 4 of 6 Flamingo Park – $307,510.67 in 2003 Parks & Recreation G.O. bond funds (Fund 383) would be transferred to this project from the projects outlined below. An existing $307,510.67 in Pay As You Go funds (Fund 302) would be released from the Flamingo Park project, resulting in a net $0 change in funding to this project.  Public Works Facility - $283,582.41  Parks Maintenance Facility - $11,523.85  Property Management Facility - $12,404.41 Prior Years’ Appropriations $18,100,716.00 October 31, 2017 Budget Amendment 0.00 Proposed Total Appropriations $18,100,716.00 Altos Del Mar Park Development – $315,849.26 in 1996 Parks G.O. bond funds (Fund 370) would be transferred to this project from the Parks Maintenance Facility project. $315,849.26 in Capital Reserve funds (Fund 304) would be released from the Altos Del Mar Park Development project, resulting in a net $0 change in funding to this project. Prior Years’ Appropriations $4,295,492.00 October 31, 2017 Budget Amendment 0.00 Proposed Total Appropriations $4,295,492.00 Fire Station #1 Refurbishment – Due to the station’s current condition, construction of a new facility is being considered as a result of the updated refurbishment costs. In the interim, $441,050 in 2003 Fire Safety G.O. bond funds (Fund 382) would be transferred to the projects outlined below. $441,050 in Capital Renewal & Replacement funds (Fund 125) would be released from these projects, resulting in the budgets of these projects remaining the same.  Fire Station #3 Emergency Generator - $122,435  Fire Station #2 Alarm System - $89,000  Fire Station #4 Roof- $73,757  Fire Station #1 Electrical Replacement - $69,000  Fire Station #1 Floor Replacement - $86,858 Prior Years’ Appropriations $500,000.00 October 31, 2017 Budget Amendment -441,050.00 Proposed Total Appropriations $58,950.00 Page 108 of 376 Resolution Adopting the First Amendment to the Capital Budget for FY 2017/18 October 31, 2017 Page 5 of 6 Fire Station #4 Exterior Painting & Waterproofing – This project has been completed. As a result, $43,610 in 2003 Fire Safety G.O. bond funds (Fund 382) is proposed to be transferred to the Fire Station #3 Emergency Generator Replacement project. $43,610 in Capital Renewal & Replacement funds (Fund 125) would be released from Fire Station #3 Emergency Generator Replacement project, resulting in its budget remaining the same. Prior Years’ Appropriations $60,610.00 October 31, 2017 Budget Amendment -43,610.00 Proposed Total Appropriations $17,000.00 As a result of the proposed G.O. Bond funding realignments included in this budget amendment, the following funds would be released increasing the available balance in each fund as follows:  Capital Renewal & Replacement (Fund 125) - $390,560.00  Pay As You Go (Fund 302) - $241,134.67  Capital Reserve (Fund 304) - $215,849.26 Attachment A- FY 2017/18 Capital Budget- Projects JLM/JW/TOS Page 109 of 376 Resolution Adopting the First Amendment to the Capital Budget for FY 2017/18 October 31, 2017 Page 6 of 6 Project New $ Transfer $ Fund Program Proj. # Española Way between Washington Avenue and Drexel Avenue 100,000.00$ 304 STREET / SIDEWALKS STREESCAPE 28580 555 Building Mold Remediation 94,100.00$ 125 RENEWAL & REPLACEMENT 60627 555 Building Mold Remediation 92,660.76$ 125 RENEWAL & REPLACEMENT 60627 South Shore Community Center Exterior Paint (27,446.11)$ 125 RENEWAL & REPLACEMENT 67080 South Shore Community Center Switch Gear Replacement (16,700.00)$ 125 RENEWAL & REPLACEMENT 60127 South Shore Community Center- Replacement Chilled Water Pump (48,514.65)$ 125 RENEWAL & REPLACEMENT 69250 Indian Creek Greenway (33,453.82)$ 384 STREET / SIDEWALKS STREESCAPE 20150 West Avenue Phase II 33,453.82$ 384 STREET / SIDEWALKS STREESCAPE 20597 Seawall- Dickens Ave Shoreline (26,250.00)$ 384 SEAWALLS 20220 West Avenue Phase II 26,250.00$ 384 STREET / SIDEWALKS STREESCAPE 20597 La Gorce Neighborhood Improvement (1,455,549.32)$ 384 STREET / SIDEWALKS STREESCAPE 23240 West Avenue Phase II 1,455,549.32$ 384 STREET / SIDEWALKS STREESCAPE 20597 Public Works Facility (21,378.72)$ 384 GENERAL PUBLIC BUILDINGS 23130 Parks Maintenance Facility (404,882.31)$ 384 GENERAL PUBLIC BUILDINGS 21660 Normandy Ilse Neighborhood ROW Phase II (231,013.65)$ 384 STREET / SIDEWALKS STREESCAPE 29730 Property Management Facility (24,398.75)$ 384 GENERAL PUBLIC BUILDINGS 23140 West Ave Phase II 681,673.43$ 384 STREET / SIDEWALKS STREESCAPE 20597 La Gorce Island Lighting (66,376.00)$ 384 STREET / SIDEWALKS STREESCAPE 20250 La Gorce Island Lighting $ 66,376.00 302 STREET / SIDEWALKS STREESCAPE 20250 West Ave Phase II 66,376.00$ 384 STREET / SIDEWALKS STREESCAPE 20597 West Avenue/ Bay Road Neigborhood Improvement (157,433.53)$ 384 STREET / SIDEWALKS STREESCAPE 23360 West Ave Phase II 157,433.53$ 384 STREET / SIDEWALKS STREESCAPE 20597 Public Works Facility (283,582.41)$ 383 GENERAL PUBLIC BUILDINGS 23130 Parks Maintenance Facility (11,523.85)$ 383 GENERAL PUBLIC BUILDINGS 21660 Property Management Facility (12,404.41)$ 383 GENERAL PUBLIC BUILDINGS 23140 Flamingo Park 307,510.67$ 383 PARKS 23200 Flamingo Park (307,510.67)$ 302 PARKS 23200 Parks Maintenance Facility $ (315,849.26) 370 GENERAL PUBLIC BUILDINGS 21660 Altos Del Mar Park Development $ 315,849.26 370 PARKS 22750 Altos Del Mar Park Development (315,849.26)$ 304 PARKS 22750 Fire Station # 1 Refurbishment $ (441,050.00) 382 GENERAL PUBLIC BUILDINGS 20160 Fire Station #3 Emergency Generator $ 122,435.00 382 RENEWAL & REPLACEMENT 60057 Fire Station # 2 Alarm System $ 89,000.00 382 RENEWAL & REPLACEMENT 60077 Fire Station # 4 Roof $ 73,757.00 382 RENEWAL & REPLACEMENT 60587 Fire Station # 1 Electrical Replacement $ 69,000.00 382 RENEWAL & REPLACEMENT 62070 Fire Station 1 Floor Replacement $ 86,858.00 382 RENEWAL & REPLACEMENT 62080 Fire Station #3 Emergency Generator $ (122,435.00) 125 RENEWAL & REPLACEMENT 60057 Fire Station # 2 Alarm System $ (89,000.00) 125 RENEWAL & REPLACEMENT 60077 Fire Station # 4 Roof $ (73,757.00) 125 RENEWAL & REPLACEMENT 60587 Fire Station # 1 Electrical $ (69,000.00) 125 RENEWAL & REPLACEMENT 62070 Fire Station # 1 Floor Replacement $ (86,858.00) 125 RENEWAL & REPLACEMENT 62080 Fire Station # 4 Exterior Painting & Waterproofing (43,610.00)$ 382 RENEWAL & REPLACEMENT 67000 Fire Station # 3 Emergency Generator Replacement 43,610.00$ 382 RENEWAL & REPLACEMENT 67220 Fire Station # 3 Emergency Generator Replacement $ (43,610.00) 125 RENEWAL & REPLACEMENT 67220 ATTACHMENT A FY 2017/18 CAPITAL BUDGET PROJECTS Amended 10/31/17 Page 110 of 376 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2017/18. WHEREAS, the final Capital Improvement Plan for Fiscal Years 2017/18 — 2021/22 and the final Capital Budget for FY 2017/18 were adopted via Resolution No. 2017-30026 on September 25, 2017; and WHEREAS, City budget amendments pursuant to Section 166.241(4)(c) of the Florida Statutes must be adopted in the same manner as the original budget; and WHEREAS, the proposed amendments to the FY 2017/18 Capital Budget are included in Attachment A (Source of Funds) and Attachment B (Programs); and WHEREAS, further, it is recommended by the Administration that the FY 2017/18 Capital Budget be amended to reduce appropriations by $847,543.93 and to re- appropriate $3,621,416.79 between existing projects as highlighted in Attachments C and D (Projects) and as further detailed in the attached Commission Memorandum. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt the First Amendment to the Capital Budget for Fiscal Year 2017/18 as set forth in Attachment A (Source of Funds), Attachment B (Programs), and Attachments C and D (Projects). PASSED AND ADOPTED this 31 day of October, 2017. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUA E & FOR XECUT /a/ Date Page 111 of 376 ATTACHMENT A FY 2017/18 CAPITAL BUDGET SOURCE OF FUNDS Amended 10/31/17 Funding Source Adopted Capital Budget Amended 10/31/17 Revised Capital Budget Transportation $ 913,575 $ 913,575 Capital Renewal & Replacement 2,185,048 (390,560.00) 1,794,488 Comm. Dev. Block Grant 538,483 538,483 Cultural Arts Council Endowment 800,000 800,000 7th Street Garage 1,399,500 1,399,500 Art in Public Places 875,334 875,334 Fees in Lieu of Parking Fund 5,386,347 5,386,347 Concurrency Mitigation Fund 5,555,000 5,555,000 RDA- Non TIF 6,865,154 6,865,154 Miami City Ballet 25,000 25,000 HOME Invest Part. Prog. Grant 344,482 344,482 Half Cent Transit Surtax-Cnty 1,322,000 1,322,000 Capital Projects Financed By Other Funds 4,500,000 4,500,000 Pay As You Go - Capital Fund 2,401,658 (241,134.67) 2,160,523 Capital Reserve 395,492 (215,849.26) 179,643 Resort Tax-South Beach 2,433,579 2,433,579 Resort Tax- Mid Beach 2,133,082 2,133,082 Resort Tax- North Beach 2,891,067 2,891,067 Fire Safety 99 GO Bond 337,000 337,000 RDASouth Pointe Capital Proj 685,000 685,000 2001 Gulf Breeze-Normandy Golf 85,000 85,000 2003 G. 0. Bonds-Parks & Rec 651,342 651,342 Water & Sewer Impact Fees 257,211 257,211 Storm water Projects - MDC LA 650,000 650,000 RDA Garages 2,138,000 2,138,000 Parking Operations 11,361,541 11,361,541 2015 Parking Bonds CC Project 185,260 185,260 Property Management Fund 295,000 295,000 Communications Fund 2,202,000 2,202,000 Total Appropriation as of 10/31/17 $ 59,812,155.00 $ (847,543.93) $ 58,964,611.07 Please refer to attachment D for the details of the dollars which will'be transferred between existing projects. Page 112 of 376 ATTACHMENT B FY 2017/18 CAPITAL BUDGET PROGRAMS Amended 10/31/17 Program Area Adopted Capital Budget Amended 10/31/17 Revised Capital Budget Art in Public Places $ 875,334,00 $ 875,334.00 Bridges 0.00 0.00 Comm unity Centers 0.00 0.00 Convention Center 0.00 0.00 Environmental 138,724.00 138,724.00 Equipment 4,649,057.00 4,649,057.00 General Public Buildings 1,587,467.00 (1,515,069.71) 72,397.29 Golf Courses 0.00 0.00 Lighting 800,979.00 800,979.00 Monuments 279,000.00 279,000.00 Parking 250,000.00 250,000.00 Parking Garages 12,540,785.00 12,540,785.00 Parking Lots 600,000.00 600,000.00 Parks 12,108,963.00 12,108,963.00 Renewal & Replacement 9,689,841.00 50,490.00 9,740,331.00 Seawalls 650,000.00 (26,250.00) 623,750.00 Streets/Sidewalk Improvements 7,331,430.00 643,285.78 7,974,715.78 Transit/ Transportation 8,208,575.00 8,208,575.00 Utilities 102,000.00 102,000.00 Total Appropriation as of 10/31/17 $ 59,812,155.00 $ (847,543.93) $ 58,964,611.07 Please refer to attachment D for the details of the dollars which will be transferred between existing projects. Page 113 of 376 ATTACHMENT C FY 2017/18 CAPITAL BUDGET PROJECTS Amended 10/31/17 Capital Project Name Adopted Capital Budget Amended 10/31/17 Revised Capital Budget Espanola Way Conversion between Washington Avenue and Drexel Avenue (Project #28580) $ 2,545,466.00 $ 100,000,00 $ 2,645,466.00 555 Building Mold Remediation (Project # 60627) 222,712.00 186,760,76 409,472.76 South Shore Community Center Exterior Paint (Project # 67080) 64,700.00 (27,446.11) 37,253.89 South Shore Community Center Switch Gear Replacement (Project # 60127) 42,000.00 (16,700.00) 25,300.00 South Shore Community Center- Replacement Chilled Water Pump (Projet # 69250) 118,862.00 (48,514.65) 70,347.35 Indian Creek Greenway (Project # 20150) 100,000.00 (33,453.82) 66,546.18 Seawall- Dickens Avenue Shoreline (Project # 20220) 461,644.00 (26,250.00) 435,394.00 La Gorce Neighborood Improvement (Project #23240) 3,953,690.00 (1,455,549.32) 2,498,140.68 Public Works Facility (Project # 23130) 1,090,094.00 (304,961.13) 785,132.87 Parks Maintenance Facility (Project # 21660) 932,039.00 (732,255.42) 199,783.58 Property Management Facility (Project # 23140) 6,352,317.00 (36,803.16) 6,315,513.84 West Avenue Bay Road Neighborhood Improvement (Project # 23360) 26,184,596.00 (157,433.53) 26,027,162.47 Normandy Isle Neighborhood ROW Phase II (Project # 29730) 643,119.00 (231,013.65) 412,105.35 West Avenue Phase II (Project # 20597) 56,108,748.00 2,420,736.10 58,529,484.10 Fire Station # 1 Refurbishment (Project # 20160) 500,000.00 (441,050.00) 58,950.00 Fire Station #4 Exterior Painting & Waterproofing (Project # 67000) 60,610.00 (43,610.00) 17,000.00 Flamingo Park (Project # 23200) 18,100,716.00 - 18,100,716,00 La Gorce Island Lighting (Project # 20250) 66,376.00 - 66,376.00 Altos Del Mar Park Development (Project # 22750) 4,295,492.00 - 4,295,492.00 Fire Station # 3 Emergency Generator (Project # 60057) 100,000.00 - 100,000.00 Fire Station # 2 Alarm System (Project # 60077) 89,000.00 - 89,000.00 Fire Station # 4 Roof (Project # 60587) 73,757.00 - 73,757.00 Fire Station # 1 Electrical Replacement (Project # 62070) 69,000.00 - 69,000.00 Fire Station # 1 Floor Replacement (Project # 62080) 138,000.00 - 138,000.00 Total $ 122,312,938.00 $ (847,543.93) $ 121,465,394.07 Please refer to attachment D for the details of the dollars which will be transferred between existing projects. Page 114 of 376 ATTACHMENT D FY 2017/18 CAPITAL BUDGET PROJECTS Amended 10/31/17 1,, oject F MI 1 PI l,11,1111 .... Espanola Way between Washington Avenue and Drexel Avenue $ 100,000.00 304 STREET / SIDEVVALKS STREESCAPE 28580 555 Building Mold RemedlatIon $ 94,100.00 125 RENEWAL & REPLACEMENT 60627 555 Bullding Mold Remediation $ 92,660,76 125 RENEWAL & REPLACEMENT 60627 South Shore Community Center Exterior Paint $ (27,446,11) 125 RENEWAL & REPLACEMENT 67080 South Shore Community Center Switch Gear Replacement $ (16,700.00) 125 RENEWAL & REPLACEMENT 60127 South Shore Community Center- Replacement Chilled Water Pump $ (48,514.65) 125 RENEWAL & REPLACEMENT 69250 Indian Creek Greenway $ (33,453.82) 384 STREET/ SIDEWALKS STREESCAPE 20150 West Avenue Phase II $ 33,453.82 384 STREET / SIDEWALKS STREESCAPE 20597 Seawall- Dickens Ave Shoreline '$ (26,250,00) 384 SEAWALLS 20220 West Avenue Phase II $ 26,250.00 r 384 STREET/SIDEWALKS STREESCAPE 20597 La Gorce Neighborhood Improvement $ (1,455,549,32) 384 STREET/ SIDEWALKS STREESCAPE 23240 West Avenue Phase II $ 1,455,549.32 384 STREET/SIDEWALKS STREESCAPE 20597 Public Works Facility $ (21,378.72) 384 GENERAL PUBLIC BUILDINGS 23130 Parks Malntenance Facility $ (404,882.31) 384 GENERAL PUBLIC BUILDINGS 21660 Normandy Ilse Neighborhood ROW Phase II $ (231,013,65) 384 STREET/ SIDEWALKS STREESCAPE 29730 Property Management Facility $ (24,398,75) 384 GENERAL PUBLIC BUILDINGS 23140 West Ave Phase II $ 681,673.43 384 STREET /SIDEWALKS STREESCAPE 20597 La Gorce Island Lighting $ (66,376.00) 384 STREET / SIDEWALKS STREESCAPE 20250 La Gorce Island Lighting 66,376.00 302 STREET / SIDEWALKS STREESCAPE 20250 West Ave Phase II $ 66,376.00 384 STREET / SIDEWALKS STREESCAPE 20597 West Avenue/ Bay Road Nelgborhood Improvement $ (157,433.53) 384 STREET/ SIDEWALKS STREESCAPE 23360 West Ave Phase II $ 157,433,53 384 STREET/ SIDEVVALKS STREESCAPE 20597 Public Works Facility $ (283,582.41) 383 GENERAL PUBLIC BUILDINGS 23130 Parks Maintenance Facility $ (11,523.85) 383 GENERAL PUBLIC BUILDINGS 21660 Property Management Facility $ (12,404.41) 383 GENERAL PUBLIC BUILDINGS 23140 Flamingo Park $ 307,510.67 383 PARKS 23200 Flamingo Park $ (307,510.67) 302 PARKS 23200 Parks Maintenance Facility $ (315,849.26) 370 GENERAL PUBLIC BUILDINGS 21660 Altos Del Mar Park Development $ 315,849.26 370 PARKS 22750 Altos Del Mar Park Development $ (315,849,26) 304 PARKS 22750 Fire Station # 1 Refurbishment $ (441,050.00) 382 GENERAL PUBLIC BUILDINGS 20160 Fire Station #3 Emergency Generator $ 122,435,00 382 RENEWAL & REPLACEMENT 60057 Fire Station # 2 Alarm System $ 89,000.00 382 RENEWAL & REPLACEMENT 60077 Fire Station #4 Roof $ 73,757.00 382 RENEWAL & REPLACEMENT 60587 Fire Station # 1 Electrical Replacement $ 69,000.00 382 RENEWAL & REPLACEMENT 62070 Fire Station 1 Floor. Replacement $ 86,858.00 382 RENEWAL & REPLACEMENT 62080 Fire Station #3 Emergency Generator $ (122,435.00) 125 RENEWAL & REPLACEMENT 60057 Fire Station # 2 Alarm System $ (89,000.00) 125 RENEWAL & REPLACEMENT 60077 Fire Station #4 Roof $ (73,757.00) 125 RENEWAL & REPLACEMENT 60587 Fire Station # 1 Electrical $ (69,000.00) 125 RENEWAL & REPLACEMENT 62070 Fire Station # 1 Floor Replacement $ (86,858.00) 125 RENEWAL & REPLACEMENT 62080 Fire Station # 4 Exterior Painting & Waterproofing $ (43,610.00) 382 RENEWAL & REPLACEMENT 67000 Fire Station # 3 Emergency Generator Replacement $ 43,610.00 382 RENEWAL & REPLACEMENT 67220 Fire Station # 3 Emergency Generator Replacement $ (43,610.00) 125 RENEWAL & REPLACEMENT 67220 Page 115 of 376 Resolutions - R7 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:50 a.m. Public He aring S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE ACH, FL ORIDA, ADO PT ING T HE F IRS T AME N D MENT TO T HE GE NERAL F U N D, ENT ERP R IS E F U N D, INT ERNAL S ERVIC E FUND, AN D SP ECIAL REVE N U E F U N D B UDGET S F OR F IS C AL Y EAR (F Y) 2017/18. R ECO MMENDATI ON T his item should be open and continued to November 13, 2017 Commission Meeting. Legislativ e Tracking Budget and Performance Improvement Page 116 of 376 Resolutions - R7 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:51 a.m. Public He aring S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI B EACH, FL ORID A, F OL LOWING A DULY NOT ICED PUB LIC HE ARING, AS R EQUIRED PURS U AN T TO SE C T ION 82-37(a)(2) OF T HE C IT Y COD E, APP ROVING T HE VACAT IO N OF 25 F EE T O F A 50 FOOT R IGH T-OF-WAY (CIT Y'S R OW), L OCAT E D AT T H E WES T E RLY E N D O F WE ST 59T H S T RE ET, AS SHOWN ON T H E LA GOR C E-GOL F SUB DIVISIO N, D AT ED AP R IL 8, 1925, AT PL AT B OOK 14, PAGE 43, OF T HE PUBL IC R ECO R D S OF MIAMI-DADE CO U N T Y, C ONS IS T ING OF 5,036 SQUARE F EE T ("VACAT ED AR EA"), WHIC H VAC AT E D AR EA IS DELINE AT E D IN T HE AT TAC H ED C OMP OS IT E EXHIBIT "A", IN FAVOR OF T H E AD J AC ENT P ROPERT Y OWNE R AMB ASS A HO LDIN GS, IN C., (T HE APP LICANT ); AND FURT HE R CONDIT IONIN G T H E VACAT ION ON: (1) T HE GRANT OF A QUIT C LAIM D EE D T O T H E APP LIC ANT BY T H E CIT Y FOR T HE VAC AT E D ARE A, AT TAC H ED HE R ETO AS E XHIBIT B; (2) T HE GRANT O F A QU IT C LAIM DE ED B Y T HE APP LIC AN T T O T HE C IT Y F O R T HE NORT H ERN HAL F OF AP PL ICANT 'S UNE NCUMBERE D PAR C EL L OC AT E D ON LOT 25, B ET WEE N T HE CIT Y'S R OW AND B IS C AYNE B AY (U NENCUM BE R ED PARCEL), AT TACHE D H ERE T O AS EXHIBIT C; (3) T HE GRANT OF AN E ASEMEN T FROM AP PL ICANT T O T H E CIT Y AC R OS S T H E VACAT ED AR EA F OR P U BL IC P U R POSE U SE; AN D ALONG T HE S OUT HERN PORT ION OF T HE AP PL ICANT 'S U N ENCUMB ERE D PARCE L TO AL LOW T HE C IT Y TO PROVIDE A PUB LIC UT ILIT Y EAS EMENT TO BISCAY NE B AY, AT TACHED H ERE T O AS EXHIBIT D; AND (4) AP PL ICANT 'S PAY MENT O F A VOL UNTARY MONE TARY C ONT R IB U T ION, IN T HE AMO U N T OF $300,000; WHICH VACAT ION IS SUP PORT ED BY T HE AN ALY SIS PRE PARE D PURS UANT TO SE C T ION 82-38, OF T HE C IT Y C ODE, BY T H E CIT Y'S PL ANNING D EPART ME N T; AND AUT HOR IZIN G T H E MAYOR AND CIT Y CL ERK T O EXE CUT E T HE Q U IT C LAIM DEED. AN ALYS IS West 59th Street end (located westerly of North Bay Road) is a 50-foot wide City owned right-of-way (R OW), per the Recorded Subdivision Plat of La Gorce-Golf Subdivision, dated April 8, 1925 by Miami Beach Bay Shore Co.. On said Subdivision Plat, westerly of and adjacent to the westerly end of West 59th Street, there is an unnumbered parcel shown, approximately 30 feet by 50 feet. Mr. Robert J. Schidler is listed as a previous owner of the unnumbered parcel, as well as previous owner of the southerly and adjacent Lot 25 (the unnumbered parcel is subject to a utility easement from subdivision developer Miami Beach Bay Shore Co., to the City of Miami Beach, dated June 29, 1925). Page 117 of 376 Ambassa Holdings, Inc. c/o Christian Berdoure, current owner of said parcels, is requesting that the City vacate the southerly portion of its R OW, located on West 59th Street west of North Bay Road, in exchange for a half of a portion of the private property to make the remaining right of way extend all the way to the bay. An easement will be granted for utilities under the vacated right-of-way and the corresponding piece of property abutting the bay to form a continuous easement. An item was discussed at the Finance and Citywide Projects Committee on February 17, 2017. T he Committee recommended accepting the appraised value and similar valuation of the land to be acquired. However, with City ownership of the waterfront property, also comes the burden of rebuilding the seawall to the City’s standards, which needs to be considered. After negotiations with the current owner ’s representative, a voluntary monetary contribution of $300,000 was agreed upon for: a) T he City vacating the southerly half of the right-of-way; b) T he owner providing an easement across the vacated parcel as well as a portion of the retained parcel creating a continuous easement from North Bay Road to the bay; and c) T he owner transferring ownership to the City the portion of the property to create a continuous right-of-way to the bay. Although the City’s procedures for the lease of sale or sale of public property require an advertised public bidding process, the requirement may also be waived by 5/7th vote of the City Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such conditions. T he vacation of this RO W serves a public purpose, by providing direct access to the water as the current ROW stops 30 feet short of waters’ edge. Pursuant to the City’s existing administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale or lease of public property), prior to considering a request for vacation, the following requirements must be satisfied: 1) T he title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input of the proposed vacation; 2) T he proposed vacation shall be transmitted to the Finance and Citywide Projects Committee for its review, which occurred on February 17, 2017; 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City’s Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation, which is attached; and 4) T he City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated. T he appraisal dated December 9, 2016 resulted in an “across the fence” value of $250,000 which is also attached. Page 118 of 376 At it's July 26, 2017 meeting, the City Commission approved the setting of the public hearing at its next meeting in October to consider approving the ROW vacation. At the City Commission meeting of October 18, 2017, the public hearing was opened and continued. C O N C L U S IO N Vacation of the public RO W is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. T he vacation of the southern portion of the westerly end of the West 59th Street public R OW will generate no negative impacts for the surrounding area. T he property would continue to serve in much the same manner, and public access to the bay could be provided. Legislativ e Tracking Public Works AT TAC H ME N T S: Description Resolution Appraisal Report Signed Survey Analysis Legal D esc ription Advertisement Page 119 of 376 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82- 37(a)(2) OF THE CITY CODE, APPROVING THE VACATION OF 25 FEET OF A 50 FOOT RIGHT-OF-WAY (CITY'S ROW), LOCATED AT THE WESTERLY END OF WEST 59TH STREET, AS SHOWN ON THE LA GORCE-GOLF SUBDIVISION, DATED APRIL 8, 1925, AT PLAT BOOK 14, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, CONSISTING OF 5036 SQUARE FEET ("VACATED AREA"), WHICH VACATED AREA IS DELINEATED IN THE ATTACHED COMPOSITE EXHIBIT "A", IN FAVOR OF THE ADJACENT PROPERTY OWNER AMBASSA HOLDINGS, INC., (THE APPLICANT); AND FURTHER CONDITIONING THE VACATION ON: (1) THE GRANT OF A QUIT CLAIM DEED TO THE APPLICANT BY THE CITY FOR THE VACATED AREA, ATTACHED HERETO HAS EXHIBIT B; (2) THE GRANT OF A QUIT CLAIM DEED BY THE APPLICANT TO THE CITY FOR THE NORTHERN HALF OF APPLICANT'S UNENCUMBERED PARCEL LOCATED ON LOT 25, BETWEEN THE CITY'S ROW AND BISCAYNE BAY (UNENCUMBERED PARCEL), ATTACHED HERETO AS EXHIBIT C; (3) THE GRANT OF AN EASEMENT FROM APPLICANT TO THE CITY ACROSS THE VACATED AREA FOR PUBLIC PURPOSE USE; AND ALONG THE SOUTHERN PORTION OF THE APPLICANT'S UNENCUMBERED PARCEL TO ALLOW THE CITY TO PROVIDE A PUBLIC UTILITY EASEMENT TO BISCAYNE BAY, ATTACHED HERETO AS EXHIBIT D; AND (4) APPLICANT'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $300,000; WHICH VACATION IS SUPPORTED BY THE ANALYSIS PREPARED PURSUANT TO SECTION 82-38, OF THE CITY CODE, BY THE CITY'S PLANNING DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE QUIT CLAIM DEED. WHEREAS, the Subdivision Plat of La Goree-Golf Subdivision, dated April 8, 1925, delineates that the City owns a 50 foot right-of-way, that is known as the "West 59th Street end," which is located westerly of North Bay Road and approximately 30 feet east of Biscayne Bay (the City's ROW); and WHEREAS, the City ROW does not extend to Biscayne Bay and, in fact, the right- of-way ends approximately 30 feet from the waterway (See Composite Exhibit A); and Page 120 of 376 WHEREAS, south of, adjacent to and abutting the City's ROW, there is a single family home located at 5860 North Bay Road; and WHEREAS, Ambassa Holdings, Inc. (hereinafter "the Applicant") is the owner of 5860 North Bay Road; and WHEREAS, the Applicant also owns an approximately 50 foot wide by 30 foot long, unencumbered parcel (hereinafter "Unencumbered Parcel"), known as Lot 25, to the west of the City's ROW, which Unencumbered Parcel is adjacent to Biscayne Bay, to the west, and the City's ROW to the east; and WHEREAS, the Applicant is requesting that the City vacate the southern half of the City ROW, as identified in Composite Exhibit A, in exchange for the northern half of the Applicant's Unencumbered Parcel, also identified in Composite Exhibit A; and WHEREAS, the Applicant seeks to have the City vacate half of the City's ROW, in order to allow the Applicant to build a new single family home without intrusion into setbacks; and WHEREAS, in exchange, by obtaining title to the northern half of the Unencumbered Parcel, the City would have unimpeded access to Biscayne Bay; and WHEREAS, in addition, the Applicant shall also grant the City an easement throughout the vacated portion of the City's ROW, so that the City may install utilities, including an underground stormwater pump station and lines within the easement area; and WHEREAS, pursuant to City Code Section 82-37(a)(1), the vacation request was referred by the City Manager to the Finance and Citywide Projects Committee, and was heard on February 17, 2017; and WHEREAS, the City and the Applicant prepared appraisals relating to the area being vacated and the Applicant's property proposed to be deeded to the City; and WHEREAS, the City obtained an independent appraisal from Lee H. Waronker, MAI, SRA of the fair market value of the proposed vacated right-of-way, valuing the vacation at $250,000 (for the southern half of the City's ROW); and WHEREAS, should the City Commission approve the proposed vacation of half of the City's ROW, and the transfer of ownership to the City of the northern half of the Unencumbered Parcel, the City would be responsible for the seawall associated with the waterfront land; WHEREAS, as the City desires to create pocket parks and access to Biscayne Bay (and the Blue Ways of Miami Dade County), the City would need to ensure that the old seawall is elevated and rebuilt to the City's standards; and Page 121 of 376 WHEREAS, as the City had not contemplated responsibility for the seawall, and due to the proposed vacation, the Applicant has agreed to provide the City a voluntary contribution of $300,000, which would be used by the City for a public purpose, including but not limited to construction of the seawall; and WHEREAS, the vacation of half of the City's ROW, shall be contingent upon: a) the Applicant deeding to the City the northern 25 foot portion of the Unencumbered Parcel to the City via quit claim deed, so that the City has a continuous, 25 foot long · easement from the southern end of North Bay Road at the West 59th Street end to Biscayne Bay; and b) the Applicant providing an easement across the vacated City ROW, as well as the remaining portion of the Unencumbered Parcel that is not deeded to the City, in order to create a 25 foot long continuous easement the northern portion of North Bay Road at the West 59th Street end to Biscayne Bay; and c) the Applicant paying a $300,000 voluntary contribution to the City to be used for a public purpose; and WHEREAS, Section 177.085, Florida Statutes provides that, upon the abandonment of a right-of-way, all rights to the former right-of-way revert to the owners of the lots abutting such right-of-way; and WHEREAS, a City may vacate roads when the vacation is in the public interest, or when the street is no longer required for public use and convenience; and WHEREAS, as only half of the City's ROW is being proposed for vacation, the only person eligible to title of said vacated City ROW is Applicant; and WHEREAS, Applicant, as the owner of the adjacent and adjoining Property to the City's ROW, has requested that the City vacate half of the right-of-way, and has submitted its application to the City's Public Works Department; and WHEREAS, pursuant to the City's existing administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights of way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish the procedures governing the sale or lease of public property), in addition to the aforestated application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; and Page 122 of 376 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (Note: The Committee reviewed the proposed vacation at its February 17, 2017); and 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; and 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on proposed and possible issues including, without limitation, the highest and best use of the property by the Applicant (Note: An appraisal was obtained by the City's Public Works Department and provided to the Finance Committee at its February 17, 2017 meeting); and WHEREAS, although the City's procedures for the lease or sale of public property also requires an advertised public bidding process, the requirement may be waived by 517th vote; in this case, and due to the nature of the law pertaining to the vacation of rights- of-ways, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such condition; and WHEREAS, the Administration, through its Public Works Department, hereby represents that the Applicant has complied with the application requirements and submittals in accordance with the City's Guidelines for Vacation or Abandonment of Streets or Other Rights-of-Way; and WHEREAS, at its July 26, 2017 meeting, pursuant to City Code Section 82-38, the City Commission approved the Resolution on First Reading, and scheduled a public hearing to consider the request for the proposed vacation; and WHEREAS, at the July 26, 2017 meeting, the Administration requested and received the authorization from the City Commission to waive the competitive bidding requirements of 82-39(a), be waived, as by operation of law, the adjacent property owners are the owners of a vacated right-of-way; and WHEREAS, pursuant to City Code Section 82-38, the Planning Department has prepared a report of the six (6) criteria elements for vacating City Property, a copy of which is attached to the Public Works Staff Report; and Page 123 of 376 WHEREAS, the impact on adjacent properties would be positive, as the access easement along the southern boundary of the proposed vacated City right-of-way would be improved, maintained, and secured by the Applicant; and WHEREAS, the City has determined that there is public purpose to the right-of-way vacation, as it ensures that the community's needs are met, by providing water front access to the public; and WHEREAS, the City Administration recommends schedule second reading, public hearing and approving the vacation of the southern half of the City's Parcel under the terms and conditions of this resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission following a duly noticed public hearing, as required pursuant to section 82- 37(a)(2), of the City Code, approving the vacation of 25 feet of a 50 foot right-of-way (City's ROW), located at the westerly end of West 59th Street, as shown on the La Gorce- Golf Subdivision, dated April 8, 1925, at Plat Book 14, page 43, of the Public Records Of Miami-Dade County, consisting of 5036 square feet ("Vacated Area"), which Vacated Area Is delineated in the attached Composite Exhibit "A", in favor of the adjacent property owner Ambassa Holdings, Inc., (the Applicant); and further conditioning the vacation on: (1) the grant of a quit claim deed to the Applicant by the City for the Vacated Area, attached hereto as Exhibit B; (2) the grant of a quit claim deed by the Applicant to the City for the northern half of Applicant's unencumbered parcel located on Lot 25, between the City's Row and Biscayne Bay (Unencumbered Parcel), attached hereto as Exhibit C; (3) the grant of an easement from Applicant to the City across the Vacated Area for public purpose use; and along the southern portion of the Applicant's Unencumbered Parcel to allow the City to provide a public utility easement to Biscayne Bay, attached hereto as Exhibit D; and (4) Applicant's payment of a voluntary monetary contribution, in the amount of $300,000; which vacation is supported by the analysis prepared pursuant to Section 82-38, of the City Code, by the City's Planning Department; and authorizing the Mayor and City Clerk to execute the vacation. PASSED AND ADOPTED this __ day of September, 2017. ATTEST: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE . Rafael Granado, City Clerk & FOR EXECUTION S~Or;l . [zi.{17 . . . . Clfy Attome_v T.\AGENDA\2017\9 -September\Pubhc Works\Vacat1on of 59lh Street Ambassa Holdings Inc -Second Hearing.-RESO. c Page 124 of 376 Composite Exhibit APage 125 of 376 Page 126 of 376 Page 127 of 376 Page 128 of 376 Page 129 of 376 Page 130 of 376 Page 131 of 376 Page 132 of 376 Page 133 of 376 Page 134 of 376 1 This Document Prepared By and Return to: Michael J. Marrero, Esquire Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Blvd, Suite 850 Miami, Florida 33131 (Reserved for Clerk of Court) QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, made as of this ____ day of ________, 2017 (the “Effective Date”), by AMBASSA HOLDINGS, INC., a Florida limited liability company, whose mailing address is: 10800 Biscayne Blvd Suite 820, North Miami, Florida (the “Grantor”) to the City of Miami Beach, Florida, a municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the “Grantee”): WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration ($10.00) in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described property being situated in Miami-Dade County, Florida, and legally described as follows: See attached Exhibit “A” (the “Property”) TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and appurtenances thereunto belonging. It is the intent of the Grantor, by this instrument, to convey the Property to Grantee, subject to and contingent upon the terms and conditions approving and granting the Grantee’s vacation of abutting property to Grantor, as provided in Miami Beach Resolution No. ________________, a certified copy of which is attached hereto and incorporated herein as Exhibit “B” and that certain Easement Agreement entered into on the ____ day of __________, 2017, by and between the Grantor and Grantee, which is recorded in Official Records Book ______, Page _______ of the Public Records of Miami-Dade County, Florida (the “Easement Agreement”). . Further, pursuant to the Easement Agreement, the conveyance of the Property by the Grantor to Grantee herein is subject to the following reservation of rights in favor of the Grantor: 1.The Grantor, its employees, contractors, or representatives, shall have a non- exclusive, perpetual, public access easement over the entirety of the Property, in order to provide Exhibit B Page 135 of 376 2 access to the public and utility access to the Grantor and any public utility provider to any and all utilities located under the Property for maintenance and installation rights (the “City Easement”). 2. The City Easement may be temporarily blocked for a reasonable amount of time during construction and for future repairs, as reasonably required for construction activities on adjacent property owned by the Grantee or its affiliates and for future utility installation. 3. The City Easement shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the parties hereto, as applicable. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: City of Miami Beach ___________________________ By:_________________________________ Print Name: Philip Levine, Mayor ___________________________ Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this ____ day of ______________, 2017 by Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has produced as identification and did (did not) take an oath. _______________________________ My Commission Expires: Notary Public, State of Florida Page 136 of 376 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Page 137 of 376 4 EXHIBIT B VACATION RESOLUTION Page 138 of 376 1 This Document Prepared By and Return to: Michael J. Marrero, Esquire Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Blvd, Suite 850 Miami, Florida 33131 (Reserved for Clerk of Court) QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, made as of this ____ day of ________, 2017 (the “Effective Date”), by the City of Miami Beach, Florida, a municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the “Grantor”) to AMBASSA HOLDINGS, INC., a Florida limited liability company, whose mailing address is: 10800 Biscayne Blvd Suite 820, North Miami, Florida (the “Grantee”): WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration ($10.00) in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described property being situated in Miami-Dade County, Florida, and legally described as follows: See attached Exhibit “A” (the “Property”) TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and appurtenances thereunto belonging. It is the intent of the Grantor, by this instrument, to convey the Property to Grantee, subject to and contingent upon the terms and conditions approving and granting the Grantor’s vacation of the Property to Grantee, as provided in Miami Beach Resolution No. ________________, a certified copy of which is attached hereto and incorporated herein as Exhibit “B” and that certain Easement Agreement entered into on the ____ day of __________, 2017, by and between the Grantor and Grantee, which is recorded in Official Records Book ______, Page _______ of the Public Records of Miami-Dade County, Florida (the “Easement Agreement”). . . Further, pursuant to the Development Agreement, the conveyance of the Property by the Grantor to Grantee herein is subject to the following reservation of rights in favor of the Grantor: 1.The Grantor, its employees, contractors, or representatives, shall have a non- exclusive, perpetual, public access easement over the entirety of the Property, in order to provide Exhibit C Page 139 of 376 2 access to the public and utility access to the Grantor and any public utility provider to any and all utilities located under the Property for maintenance and installation rights (the “City Easement”). 2. The City Easement may be temporarily blocked for a reasonable amount of time during construction and for future repairs, as reasonably required for construction activities on adjacent property owned by the Grantee or its affiliates and for future utility installation. 3. The City Easement shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the parties hereto, as applicable. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: City of Miami Beach ___________________________ By:_________________________________ Print Name: Philip Levine, Mayor ___________________________ Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this ____ day of ______________, 2017 by Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has produced as identification and did (did not) take an oath. _______________________________ My Commission Expires: Notary Public, State of Florida Page 140 of 376 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Page 141 of 376 4 EXHIBIT B VACATION RESOLUTION Page 142 of 376 Exhibit DPage 143 of 376 Page 144 of 376 Page 145 of 376 Page 146 of 376 Page 147 of 376 Page 148 of 376 Page 149 of 376 Page 150 of 376 Page 151 of 376 Page 152 of 376 Page 153 of 376 Page 154 of 376 Appraisal Report Prepared for Mr. Wm. Roger Buell Assistant City Engineer City of Miami Beach Public Works Department Property Appraised Estimated Land Value, Subject to an Easement 5880 North Bay Road Miami Beach, FL 33140 Date of Valuation November 23, 2016 Prepared by Waronker & Rosen, Inc. 2260 NW 66th Avenue, Suite 215 Miami, Florida 33122 LEE H. WARONKER, MAI, SRA File # 8646 Page 155 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 1 Waronker & Rosen, Inc. Real Estate Appraisers and Consultants Miami-Dade County Office Broward / Palm Beach County Office 2260 NW 66th Avenue, Suite 215 10191 W. Sample Road, Suite 211-A Miami, Florida 33122 Coral Springs, Florida 33065 Lee H. Waronker, MAI, SRA Phone: (305) 665-8890 / Fax: (305) 665-5188 Josh L. Rosen, MAI lee@waronkerandrosen.com www.waronkerandrosen.com josh@waronkerandrosen.com Letter of Transmittal December 9, 2016 Mr. Wm. Roger Buell, P.E. Assistant City Engineer City of Miami Beach Public Works Department 1700 Convention Ctr Drive, 4th Floor Miami Beach, FL 33139 Re: Estimated Land Value, Subject to an Easement 5880 North Bay Road Miami Beach, FL 33140 WRI File No. 8646 Dear Mr. Buell: We have prepared an appraisal report of the above referenced property to estimate the market value of the fee simple interest of a “right-of-way parcel”, as of November 23, 2016. The basis of this valuation is an “across the fence value”. By itself the subject property is not of sufficient size to allow construction. The across the fence value considers the values of neighboring sites to estimate a value that does not discount for the subject’s insufficient size to be developed. The subject property is vacant land and is an existing right-of-way and therefore does not have a street address. The parcel to the south is identified as 5860 North Bay Road and the parcel to the north is identified as 5900 North Bay Road. Solely for the purposes of this appraisal the subject’s address will be identified as 5880 North Bay Road. The reader should note that no site survey was provided, and there are some discrepancies in the public records (described in the pages of this report) with respect to the land area an d parcel boundaries. Thus, this valuation requires extraordinary assumptions regarding the size and boundaries of the subject parcel and adjacent parcels. The terms market value, fee simple interest, across the fence value and extraordinary assumption are defined in the pages of this report. This report has been prepared based on the scope of work which is detailed on a following page. The reader of the appraisal is strongly advised to read the scope of work to understand the scope of this appraisal. Page 156 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 2 Mr. Wm. Roger Buell, P.E. Assistant City Engineer City of Miami Beach December 9, 2016 This report is intended for use only by the client and intended users as noted herein. No additional intended users are identified or intended. Use of this report by others is not intended by the appraiser. No one else, or any other entities, should rely on this appraisal other than those noted herein. The subject property is a right-of-way and a portion of a 50-foot wide City-owned tract located along the west side of North Bay Road. This is essentially the extension of West 59th Street, west of North Bay Road. The City described this subject property as consisting of the south one-half of this tract, a 25-foot wide parcel extending from North Bay Road to the east side of the irregular- shaped portion of the adjacent site located at 5860 N Bay Road. This adjacent parcel extends north along the water’s edge. The subject property does not have waterfrontage. The City indicated that the south side of the subject property is 223.5 feet (based on a dimension indicated on the plat map) and estimated the size at 5,722 square feet. However, the reader should note that a review of the plat map and the legal description of the adjacent parcel indicates that both the south and north sides of the City-owned tract are 30 feet shorter (193.5 feet and 215.1 feet, respectively) than the dimensions indicated on the plat map. This is attributed to the plat map dimensions referring to the entire length of the lot from North Bay Road to the water’s edge. Based on the dimensions indicated by the legal description, the appraisers have estimated the size of the subject parcel at 4,973 square feet. As no site survey was provided, this valuation therefore also requires the extraordinary assumption that the size of the subject parcel is 4,973 square feet In addition, the City indicated to it “would retain a full-width private easement for public utilities” over the subject property. This was taken into consideration in the valuation herein. The definition of an extraordinary assumption and a listing of the assumptions used in this valuation are shown on the following page. Page 157 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 3 Mr. Wm. Roger Buell, P.E. Assistant City Engineer City of Miami Beach December 9, 2016 This appraisal is based on extraordinary assumptions. An extraordinary assumption is defined in The Dictionary of Real Estate Appraisal, 6th Edition (2015) as “an assumption, directly related to a specific assignment, as of the effective date of the assignment results, which if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis”.  That the parcel boundaries indicated in the illustrations included in this report (which differ from the boundaries shown in the Miami-Dade County Property Appraiser’s aerial photographs for 2016) are approximately correct.  That the subject property has a land area of 4,973 square feet and a location and shape as shown in the illustrations included in this report These extraordinary assumptions, if found to be false or different in any way, could alter the opinions and/or conclusions of value, herein. The reader is strongly advised to be familiar with these assumptions and how they could affect value. The illustration shown on the following page is reproduced from the plat map for the subject area. The blue-shaded area indicates the subject property being appraised herein and the yellow-shaded area indicates the adjacent parcel. As noted, the plat map dimensions of 223.5 feet along the north side of Lot 25 and 245.1 feet along the south side of Lot 24 refer to the distance between the west side of North Bay Road and the water’s edge. Which does not include the subject property. The legal description of the adjacent parcel indicates that the distance between the northeast corner of the site at North Bay Road and the irregular-shaped portion of the subject property that extends north along the water’s edge at the northwest corner is 193.5 feet (30 feet less). This is the length of the south side of the subject property. The distance between the west side of the subject property and the water’s edge is 30 feet. Therefore, the north side of the way parcel is 30 feet less than the north dimension, or 215.1 feet. The appraisers have estimated the length of the north side of the subject property at 204.3 feet (mid-way between the south side and north side dimensions). Based on these dimensions and the 25-foot width, the appraisers have estimated the size of the subject property at 4,973 square feet. Page 158 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 4 Mr. Wm. Roger Buell, P.E. Assistant City Engineer City of Miami Beach December 9, 2016 This valuation is based on an across the fence methodology, in which the market value of an adjacent parcel is the basis for estimating the value of the subject property. This method has been used as the subject property is not a buildable site by itself. Appropriate adjustments are made for location, in consideration of the fact that the subject property lacks waterfrontage, and for the restrictions imposed by the easement that the City would retain over the subject property. Additionally, the reader should note that the market value per square feet of the adjacent parcel would likely change because of the addition of the subject property (it would benefit from a slightly more desirable shape and from a slight improvement in the quality of its water views). Note that this valuation does not consider the impact on the value of the adjacent parcel by the addition of the subject property, nor was it requested as part of the appraisal assignment. Page 159 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 5 Mr. Wm. Roger Buell, P.E. Assistant City Engineer City of Miami Beach December 9, 2016 The subject property has been valued based upon an “across the fence value” to reflect an estimated value as if it was a buildable site. Next, consideration was given to this site, although valued as a buildable site, will be restricted by an easement that does not allow construction. As such, this limits the uses of the site. The adjacent owner would be the likely only purchaser that could utilize the property. This appraisal does not value the site based on a premium that might be paid by the adjoining owner. It values the site based on an across the fence value, with that value discounted for the inability to construct on the site and the effects of the easement. This valuation treats the subject property as surplus land that cannot be constructed upon. If a wall were allowed to be constructed to enclose the site making it private, the estimated value herein would be greater. The greater the allowable uses, the higher the estimated value. Based on our research and analysis, it is our opinion that the across the fence value of the fee simple interest of the subject property as of November 23, 2016, is in the amount of TWO HUNDRED AND FIFTY THOUSAND DOLLARS1 ($250,000) The reader should note that the across the fence value estimate is based on the market value of the adjoining parcel, but is not an indication of the value of the subject property to the adjoining owner, who may potentially derive unique benefits from acquisition of the subject property not reflected in the across the fence value methodology. Estimating the value of the subject property to the adjoining owner is outside the scope of this assignment. Following the table of contents is the scope of work and the certification. The reader is advised to review the assumptions and conditions which follow the certification to understand the limitations applicable to this appraisal. Very truly yours, _______________________________ Lee H. Waronker, MAI, SRA State-Certified General Real Estate Appraiser License No. RZ162 1 This value estimate reflects the across the fence value and that the subject property will have an access easement in favor of the City of Miami Beach. Page 160 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 6 Table of Contents LETTER OF TRANSMITTAL 1 TABLE OF CONTENTS 6 SCOPE OF WORK 7 CERTIFICATION 8 GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 10 INTRODUCTION 12 SUMMARY OF PERTINENT DATA 13 AERIAL PHOTOGRAPH 15 SUBJECT PHOTOGRAPHS 16 APPRAISER QUALIFICATIONS 18 DESCRIPTION & ANALYSES 22 PURPOSE OF THE APPRAISAL 23 CLIENT, INTENDED USER AND USE OF THE APPRAISAL 23 DEFINITION OF ACROSS THE FENCE VALUE 23 DEFINITION OF REAL PROPERTY INTEREST APPRAISED 23 DEFINITION OF MARKET VALUE 24 LOCATION AND ADDRESS 25 LEGAL DESCRIPTION 25 OWNER OF RECORD 25 HISTORY OF THE SUBJECT PROPERTY 25 SITE DATA 26 DESCRIPTION OF THE SITE IMPROVEMENTS 26 ZONING 26 FLOOD ZONE 26 REAL ESTATE ASSESSMENT AND TAXES 27 NEIGHBORHOOD OVERVIEW 27 SUPPLY AND DEMAND 28 EXPOSURE TIME 31 MARKETING TIME 31 TYPICAL PURCHASER OF THE SUBJECT 31 HIGHEST AND BEST USE 32 APPRAISAL PROCESS 33 COST APPROACH 34 INCOME CAPITALIZATION APPROACH 35 SALES COMPARISON APPROACH 36 RECONCILIATION OF VALUE 51 ADDENDA 52 COUNTY AREA DESCRIPTION 53 Page 161 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 7 Scope of Work The appraisal problem herein is to estimate the across the fence value of the subject property. The methodology used is to estimate the across the fence value based on the market value of an adjacent parcel as though vacant. The market value estimate employs the sales comparison approach to estimate market value of the adjacent parcel based on analysis of comparable sales. For the across the fence value estimate of the subject property, an adjustment is required for location because the subject property lacks waterfrontage. Most parcels on the west side of North Bay Road have water frontage. To estimate the adjustment, sales of both waterfront and non-waterfront sites were considered in the analysis. This appraisal report contains extraordinary assumptions. The reader is strongly advised to be familiar with the definition of an extraordinary assumption because it is significant in understanding the premise of this appraisal. The definition is detailed on page 3 in the letter of transmittal. It is applicable to this appraisal because a change in the extraordinary assumption could cause a change in the opinions and conclusions herein. All appraisals begin by identifying the appraisal problem. Data on the subject property can be derived from various sources including but not limited to, the property owner, the county property appraiser’s office, recorded plats and surveys. When possible, more than one source is utilized to confirm data and the data sources are acknowledged. Land size is based on surveys (when available), public records and recorded plats. Land measurements are not performed. Valued herein is vacant land which can be valued by the following methods: 1. Sales Comparison Approach 2. Market Extraction 3. Allocation 4. Land Residual 5. Ground Rent Capitalization 6. Subdivision Analysis The sales comparison approach was used herein and was considered the most applicable method in the valuation of the main parcel. A search was performed for the sale of properties considered comparable to the subject property. Research of comparable sales and market data include, but is not limited to using the following data sources: CoStar Imapp Newspaper clippings Board of Realtors’ Multiple Listing Service Loopnet.com Comparable sales are inspected and the transactional information is reported. Sale prices are from public records and are typically confirmed with a party to the transaction, i.e. buyer, seller, real estate agent, or closing attorney. All information is analyzed in processing the appraisal report and as support for the estimated value. The scope of work for this assignment has been described above and is to be typical for an assignment of the nature of the subject appraisal problem. Page 162 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 8 Certification The undersigned does hereby certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the following requirements.  Uniform Standards of Professional Appraisal Practice (USPAP)  The Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute  The State of Florida requirements for state-certified appraisers 8. I have complied with the USPAP Competency Rule. 9. This appraisal report sets forth all of the limiting conditions imposed by the terms of this assignment or by the undersigned affecting the analyses, opinions and conclusions contained in this report. 10. Carlos A. Diez, MAI made a personal inspection of the property that is the subject of this report and assisted in the research and preparation of this report. No one else provided any significant real property appraisal assistance to the person signing this certification. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Additionally, it is subject to review by the state of Florida relating to review by the real estate appraisal subcommittee of the Florida Real Estate Commission. 12. As of the date of this report Lee H. Waronker, MAI, SRA has completed the continuing education program of the Appraisal Institute. 13. I, Lee H. Waronker, MAI, SRA have made a personal inspection of the property that is the subject of this report. Page 163 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 9 14. As of the date of this report Carlos A. Diez, MAI has completed the continuing education program of the Appraisal Institute. 15. Waronker & Rosen, Inc. have previously performed an appraisal on the subject property in the past three years. We were not then, and are not now involved with the management, leasing, disposition, or any similar service regarding the subject property in the past three years. _______________________________ Lee H. Waronker, MAI, SRA State-Certified General Real Estate Appraiser License No. RZ162 Date of Report December 9, 2016 Page 164 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 10 General Assumptions and Limiting Conditions This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable but, no warranty is given for its accuracy. 5. All engineering studies are assumed to be correct. Any plot plans or illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering that may be required to discover them. The values estimated herein are subject to typical inspections such as roof, structural, and termite, if applicable. 7. It is assumed that the property is in full compliance with all applicable federal, state and local environmental regulations and laws unless the lack of compliance is stated, described and considered in the appraisal. 8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non-conformity has been identified, described and considered in the appraisal. 9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. 10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and considered in the appraisal. 11. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the propert y, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presences of substances such as asbestos, ureaformaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. Page 165 of 376 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 11 12. The physical condition of the improvements, if any, described herein was based on visual inspection. No liability is assumed for the soundness of structural members, since no engineering tests were made of same. 13. Neither all nor any part of this appraisal report shall be disseminated to the general public using the appraiser’s name or appraisal designation, without prior written consent of the appraisers signing this appraisal report. 14. Authorization is not allowed for the out-of-context quoting from, or partial reprinting of, this appraisal report. 15. By reason of the report, there is no requirement to testify with reference to the property herein appraised, unless arrangements have been previously made. 16. The reader should be advised that our employment was not contingent on the appraisal providing a minimum valuation, a specific calculation or the approval of a loan. Additionally, we have complied with the USPAP Competency Rule. Limiting Conditions: 1. The allocation of total value between land and improvements applies only under the described utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 2. The Americans with Disability Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the requirements of the ADA. It is possible that a compliance survey of the property and a detailed analyses of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the act. If so, this fact could have a negative impact upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in estimating the value of the property. Page 166 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 12 Introduction Page 167 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 13 Summary of Pertinent Data Location: Along the west side of North Bay Road, between West 58th and W 59th Streets, Miami Beach, Miami- Dade County, FL Address: 5880 North Bay Road1 Miami Beach, FL 33140 Type of Use: Single-family residential land Zoning: RS-2, Single Family Residence District by the city of Miami Beach, FL Flood Zone: AE (Map 12086C0309L) Land Area: 4,973 square feet (0.11 acres) Value by Cost Approach: Not applicable Value by Income Capitalization Approach: Not applicable Value by Sales Comparison Approach: $250,000 Estimated Market Value2: $250,000 Date of Valuation: November 23, 2016 Date of Report: December 9, 2016 1 The parcel to the south is identified as 5860 North Bay Road and the parcel to the north is identified as 5900 North Bay Road. Solely for the purposes of this appraisal the subject’s address will be identified as 5880 North Bay Road. 2 This value estimate reflects the across the fence value and that the subject property will have an access easement in favor of the City of Miami Beach. Page 168 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 14 Miami-Dade County Map Page 169 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 15 Aerial Photograph Legend:  Red shaded area indicates the approximate boundary of the subject property  Yellow shaded area with dashed lines indicates the approximate boundary of the adjacent parcel to the south Page 170 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 16 Subject Photographs North portion of adjacent parcel, looking west from northeast corner of site South portion of adjacent parcel, looking southwest from northeast corner of site Page 171 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 17 Note: Access to the interior of the site was not provided as both the adjacent parcel and subject property were fenced with a locked gate. Photos taken from just outside of gate at northeast corner of adjacent parcel. Subject property, looking west from northeast corner of adjacent parcel Street view: N Bay Road looking north (subject property on left) Street view: N Bay Road looking south (subject property on right) Page 172 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 18 Appraiser Qualifications LEE H. WARONKER, MAI, SRA Education: Master of Science in Management, School of Business and Organizational Science, Florida International University, 1981 (Major – Real Estate) Bachelor of Science Degree, The Florida State University, Tallahassee, Florida 1976 (Major – Real Estate) Affiliations: MAI Designation (No. 6738) awarded by the Appraisal Institute in 1983. SRA (SRPA) Designation awarded by the Appraisal Institute in 1981. State-Certified General Real Estate Appraiser, State of Florida, License Number RZ162, May 1990. Registered Real Estate Broker, State of Florida, License #BK0152877 (1978) Experience: Appraised various types of properties, including: Industrial Buildings Restaurants Warehouses Office Buildings Hotels and Motels Hospitals Service Stations Retail Stores Marinas Churches & Synagogues U.S. Post Offices Historical Buildings Residences Condominiums Special Purpose Properties President, Waronker & Rosen, Inc., (formerly Waronker & Associates, Inc.) Miami, Florida, from 1987 to present. Vice President, Property Consultants, Inc. from 1979 to 1986. Appraiser, The Keyes Company, 1978 to 1979. Appraiser, Miami-Dade County Department of Right-of-Way, 1977 to 1978. Instructor: Appraisal Institute. Taught Courses 1A-1, 1A-2, 8-2, 1B-A, 1B-B, 110, 120, 210, 310, 320, 410, 420, 430, 510, 550, 600, 610 and 620, et al Author: Seminars entitled “Dynamics of Office Building Valuation”, “Why the Capitalization Rate is Always 10” and the “Appraisal of Real Estate 10th vs. 11th Edition”. Other: Special Master for the Dade County Valuation Adjustment Board, 1989 to 1996.Assisted in the editing of The Appraisal of Real Estate, 11th Edition and 13th Edition. President of the Miami Chapter of the Appraisal Institute, 1990 to 1991. Page 173 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 19 Appraiser Qualifications CARLOS A. DIEZ, MAI, CCIM ______________________________________________________________________ Education: University of Florida / Bachelor of Arts (Major: Economics) Stevens Institute of Technology / 21 graduate credits in electrical & computer engineering Affiliations: MAI Designated Member of the Appraisal Institute (# 14923) Designated Member, CCIM Institute (# 21751) State-certified general real estate appraiser (Florida – # RZ3420) Experience: Appraiser, Waronker & Rosen, Inc. (September, 2007 to Present). Completed appraisal and consulting assignments for lending institutions, institutional investors, attorneys, municipalities and private investors. Property types appraised include:  Vacant Land  Office Buildings (including Medical Office)  Retail Buildings (including Shopping Centers)  Industrial Buildings  Multi-Family Buildings  Hotels  Proposed Construction (commercial, industrial and multi-family residential buildings)  Land Leases (leased fee and leasehold interests)  Special Purpose Properties (e.g., schools, marinas, mortuaries, parking garages)  Easements (including aerial and subterranean rights)  Fractured Condominium Interests Other Experience: Appraiser Special Magistrate, Miami-Dade County Value Adjustment Board, 2013-2016 Appraisal, Investment Analysis and General Real Estate Education: Successfully completed all coursework required to qualify for the Appraisal Institute MAI designation, and the CCIM Institute CCIM designation. In addition, successfully completed the following courses: Appraisal Institute:  Hotel Appraising – New Techniques for Today’s Uncertain Times  Advanced Market Analysis and Highest & Best Use  Fundamentals of Separating Real Property, Personal Property, & Intangible Business Assets  Marketability Studies: Advanced Considerations and Applications CCIM Institute:  Feasibility Analysis for Retail Properties  Advanced Market Analysis for Commercial Real Estate Baruch College (CUNY) / Steven L. Newman Real Estate Institute  NCP2000 / Urban Land Economics  NCP9000 / Real Estate Development Page 174 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 20 Partial Client List LENDER 1st United Bank Amerasia Bank Apollo Bank BAC Bank BNY Mellon Bank BankUnited Bank of America Bank Leumi Bessemer Trust Branch Banking and Trust (BB&T) BridgeInvest, LLC CenterState Bank CNL Bank Capital Bank Cigna Investments, Inc. Citibank and Citicorp City National Bank of Florida Coconut Grove Bank Comerica Bank Credit Suisse First Boston Mortgage Capital, LLC Espirito Santo Bank of Florida Executive National Bank Fifth Third Bank First American Bank First Bank of Miami First National Bank of South Miami FirstBank Florida Florida Community Bank Gibraltar Private Bank and Trust HSBC Bank, N.A. Holliday Fenoglio Fowler, LP Intercredit Bank, N.A. International Finance Bank Israel Discount Bank of New York JP Morgan Chase Bank Live Oak Bank Lloyds Int’l. Bank (Lloyds of London) Lutheran Brotherhood Marquis Bank Morgan Stanley Mortgage Capital Northern Trust Bank Ocean Bank Optimum Bank Popular Community Bank Professional Bank Regions Bank Sabadell United Bank Space Coast Credit Union Stonegate Bank SunTrust Bank Terrabank, N.A. TD Bank, N.A. Totalbank U.S. Century Bank Valley National Bank Wells Fargo Bank Zions First National Bank LIFE INSURANCE COMPANIES Allstate Insurance Company American General Life Insurance Co. Equitrust Life Insurance Co. Fortis Capital Corp. & Life Insurance Company Franklin Life Insurance Company General American Life Insurance Co. Independent Order of Foresters John Alden Life Insurance Company Kansas City Life Insurance Company Lumberman's Life Insurance Company Omaha Woodmen Life Ins. Society Standard Life Insurance Company State Farm Insurance Company Sun Life Insurance Co. of America CORPORATIONS AT&T Church of Jesus Christ of the Latter-Day Saints Costco Wholesale Florida Power and Light Corp. (FPL) JC Penny Corporation The Wendy’s Company Chevron U.S.A., Inc. Johnson and Johnson Company DEVELOPERS AND INVESTORS Berkowitz Development Group Bristol Group, Inc. Fifteen Group, Inc. Franklin Street Properties Flagler Development Corporation Fort Partners Goldman Properties Hampshire Real Estate Companies Lennar Corporation MDM Development, Inc. Napolitano Realty and Harnap Corp. Noble House Resorts and Hotels Ocean Properties, Ltd. Panther Real Estate PLC Investments, LLC R.K. Associates, Inc. Shoma Group The Scott Robins Companies Wometco Enterprises, Inc. GOVERNMENT AGENCIES Broward County School Board Broward County Public Works Dept. City of Coral Gables City of Miami Beach City of Miami General Services Administration Federal Deposit Insurance Corp. (FDIC) Federal Home Loan Mortgage Corp. (FHLMC) Florida Dept. of Environmental Protection Florida Department of Transportation Florida Keys Aqueduct Authority Miami-Dade Water and Sewer Authority Miami-Dade Co. -Aviation Authority Miami-Dade Co. - County Attorney’s Office Miami-Dade Co. - General Serv. Admin. Miami-Dade Co. - Housing & Urban Dev. Miami-Dade Co. - Public Works Dept. Miami-Dade Co. - School Board Miami Parking Authority Nature Conservancy, Florida Chapter South Florida Water Management District United States Department of Justice United States General Serv. Admin. United States Postal Services Village of Pinecrest LAW FIRMS Akerman, Senterfitt & Eidson Arnstein & Lehr, LLP Barranco & Associates, P.A. Berger Singerman. LLP Berman, Wolfe Rennart Vogel & Mandler, P.A. Carlton Fields Colson Hicks Eidson, P.A. Greenberg Traurig, P.A. Holland & Knight Kirkpatrick and Lockhart Kutner and Associates Richman Greer Shutts & Bowen, LLP Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. Steel Hector and Davis Tabas, Freedman, Soloff, Brown & Rigali, P.A Tripp Scott Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. Page 175 of 376 Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 21 Notable Properties Appraised Miami-Dade County Miami Seaquarium Virginia Key Miami Free Zone – Global Trade Cntr Miami Miami International Airport Miami Metropolitan Hospital of Miami Miami City of Miami Correctional Facility Miami Spinnaker Marina North Miami Country Club of Miami Golf Course Miami Virginia Key & Rickenbacker Marinas Key Biscayne Mel Reese Golf Course Miami Waterways Yacht Basin Miami Burger King Headquarters – Waterford Miami Porto Vita Club and Spa Aventura Doctors Hospital Coral Gables Ocean Steps Entertainment Center S. Miami Beach Beacon Centre Development Miami Indian Creek Country Club Indian Creek FBI Headquarters Miami BIV Tower Miami Gables Waterway Executive Center Coral Gables Courthouse Tower Miami Joe’s Stone Crab restaurant Miami Beach South Shore Hospital Miami Beach Doral Ocean Beach Resort (formerly) Miami Beach SouthCom Headquarters Miami Metro-Dade Bus Facility Miami Fort Lauderdale/Broward County Florida Medical Center (Hospital) Ft. Lauderdale Jackson Marine Center Ft. Lauderdale Las Olas Centre Office Building Ft. Lauderdale Martha's Restaurant Hollywood Various Luxury Single Family Homes Fort Lauderdale Seneca Industrial Park Pembroke Park Monroe County/Florida Keys Marriott Key Largo Bay Beach Resort Key Largo Islander Resort Islamorada Hawk's Cay Resort, Marina and DRI Duck Key Westin, formerly Hilton Resort and Sunset Key Island Key West Little Palm Island Little Torch Key Louis' Backyard Restaurant Key West Ocean Key Resort Key West Sloppy Joe's Bar Key West Truman Annex - Navy Base Key West Other Florida Counties Jupiter Beach Resort Jupiter, Palm Beach County La Playa Beach Resort Naples, Collier County Sheraton Four Points Orlando, Orange County Spring Hill Suites Tampa, Hillsborough County Hilton Carillon Park St. Petersburg, Pinellas County Outside of the United States Various Single Family Homes Cat Cay, Bahamas Single Family Home Casa de Campo, Dominican Republic Sapphire Beach Resort St. Thomas, U.S. Virgin Islands Hotel Site Grand Turks and Caicos Islands Montego Beach Resort Montego Bay, Jamaica Botany Bay Subdivision (400 acres) St. Thomas, U.S. Virgin Islands Ocean Club Resort Grand Turks and Caicos Islands Land lease under Ritz Carlton San Juan, Puerto Rico Various Land Holdings St. Croix, U.S. Virgin Islands Vacant Land West End, Grand Bahama Island Buccaneer Hotel and Golf Course St. Croix, U.S. Virgin Islands Page 176 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 22 Description & Analyses Page 177 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 23 Purpose of the Appraisal The purpose of this appraisal is to estimate the across the fence value of the fee simple interest of the subject property as of November 23, 2016, subject to an access easement. The terms “across the fence value” and fee simple interest are defined below and the term market value is defined on the following page. Client, Intended User and Use of the Appraisal The intended user of this appraisal is City of Miami Beach Public Works (client). No additional intended users are identified or intended. The intended use of this appraisal is for asset valuation for a possible sale of City-owned land to an adjoining owner. Definition of Across the Fence Value The values estimated herein are across the fence values, defined as follows: Across the Fence Value: In corridor valuation, a value opinion based on comparison with adjacent lands including consideration of adjustment factors such as market conditions, real property rights conveyed, and location.1 This estimate of value is often used when valuing a site that is not large enough to be built on by itself. The valuation estimate considers the value of adjacent buildable sites. Definition of Real Property Interest Appraised The real property interest appraised herein is that of the fee simple interest, defined as follows: Fee Simple Interest: an absolute fee without limitations to any particular class of heirs, but subject to the limitations of eminent domain, escheat, police power and taxation. An inheritable estate. 1 The Dictionary of Real Estate Appraisal, 5th ed., p. 3 Page 178 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 24 Definition of Market Value Market Value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined.1 The Uniform Standards of Professional Appraisal Practice (USPAP) states Market Value is “a type of value, stated as an opinion, that presumes the transfer of property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in the appraisal”.2 This requires the appraiser to identify the definition of market value and its authority. The definition that follows is the basis of the valuation in this appraisal and the source is the Interagency Appraisal and Evaluation Guidelines; December 10, 2010, Federal Register, Volume 75 Number 237, Page 77472. Market Value is defined as “the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:  Buyer and seller are typically motivated;  Both parties are well informed or well advised, and acting in what they consider their own best interests;  A reasonable time is allowed for exposure in the open market;  Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and  The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.”3 This market value definition is referenced within the appraisal regulations of the following governmental agencies:  Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989  Department of the Treasury  The Federal Reserve System (FRS)  Federal Deposit Insurance Corporation (FDIC)  Office of Comptroller of the Currency (OCC) 1 Appraisal of Real Estate, 14th Edition, page 58 2 USPAP 2014-2015, page U-3 3 Interagency Appraisal and Evaluation Guidelines; December 10, 2010, Federal Register, Volume 75 Number 237, Page 77472 Page 179 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 25 Location and Address The subject property is located along the west side of North Bay Road, between West 58th and West 59th Streets, Miami Beach, Miami-Dade County, FL. Address: 5880 North Bay Road1 Miami Beach, FL 33140 Legal Description A legal description was not supplied. The subject property is identified on pages 4 and 15. Owner of Record The subject property is a right-of-way which is the extension of West 59th Street. The City of Miami Beach is reportedly the owner of the property. History of the Subject Property There has been no sale of the subject property in the past five years. Source: www.miamidade.gov 1 The parcel to the south is identified as 5860 North Bay Road and the parcel to the north is identified as 5900 North Bay Road. Solely for the purposes of this appraisal the subject’s address will be identified as 5880 North Bay Road. Page 180 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 26 Site Data The subject property is a rectangular-shaped tract. The subject site is an extension of West 59th Street, along the west side of North Bay Road. There is 25 feet of street frontage along the west side of North Bay Road. This site does not have waterfrontage. The estimated size is 4,973 square feet. The City indicated that it “would retain a full-width private easement for public utilities” on this site. The site is level and at approximately street grade (except for minor grading needed). Utilities available to in the area are: Electric: Florida Power and Light Telephone: AT&T Water: Municipal Sewer Disposal: Municipal Description of the Site Improvements The site is essentially vacant and available to be developed. Zoning The subject property is zoned RS-2, Single Family Residence District by the city of Miami Beach, FL. For a detailed listing of allowable uses and restrictions, refer to the zoning code of Miami Beach, FL. Flood Zone The subject is within Flood Zone AE, areas subject to a one percent or greater annual chance of flooding in any given year. Base flood elevations are shown as derived from detailed hydraulic analyses. This flood zone requires mandatory purchase of flood insurance in participating communities. This identification was located on Flood Insurance Rate Map, Community Panel No. 12086C0309L, revised September 11, 2009. For insurance purposes, a surveyor should be contacted to verify the exact zone by a flood elevation certificate, as well as its impact on insurance. Source: www.miamidade.gov and www.imapp.com Page 181 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 27 Real Estate Assessment and Taxes The subject property is currently right-of-way and therefore is not identified by the Miami -Dade County Property Appraiser, nor does it have an assessed value. As a reference, the parcel adjacent to the south, having water frontage, is assessed at $312.50 per square foot of land area. Neighborhood Overview General Neighborhood Data Location: Suburban Built Up: 80% to 90% Growth Rate: Stable Property Values: Stable Demand/Supply: In balance Present Land Use: Residential Change in Present Land Use: Not likely Predominant Use: Residential Property Compatibility: Very good General Appearance of Properties: Very good Appeal to Market: Very good Adjacent Uses East: Single family residential West: Biscayne Bay South: Single family residential North: Single family residential Linkages Distance Access Public Transportation: Within a few blocks Very good Employment Centers: Three to five miles Good Expressway Access: Five to seven miles Average Miami International Airport: Ten to fifteen miles Average Page 182 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 28 Supply and Demand Market conditions for residential real estate in Miami-Dade County showed significant improvement after the sharp declines that followed the recent recession and financial crisis, with properties at the most desirable locations seeing very significant improvement prior to 2015. Demand for larger single- family parcels on the waterfront grew to be very strong, and due to the relative scarcity of vacant waterfront land many of the sales occurring during the period 2013-2015 have been of parcels improved with single-family residences (in many cases structures in good condition that were marketed for sale as luxury residences), but which were purchased with the intent to demolish and build new. However, demand for luxury residential real estate has declined during the past few quarters, with those segments of the market that had recently experienced the most dramatic gains shown indications of sharply reduced demand. This has been observed in the market for luxury and ultra-luxury residential condominium and single-family product. Thus, the demand for land suitable for development of ultra-luxury residences has shown a marked retreat during recent months amid growing uncertainty about the immediate prospects for the market values of finished residential product. The charts on the following page show recent data from the Multiple Listing System for sales in Miami-Dade County of vacant waterfront single-family lots selling at $1,000,000 and above during the period November 2013 through October 2016. The first chart is a scatter plot showing the actual sales prices. The dotted line is the trendline representing the linear regression on the data plotted. The second chart is based on the same data, but shows the number of sales by quarter arrayed by price tier (sales prices under $5,000,000, $5,000,000 to under $10,000,000, and $10,000,000 and above). The data generally shows a sharp decline after early 2015 both in sales activity in general and in sales of lots in the upper price tiers, with a more recent increase in activity during the last two quarters in the lower price tiers. This recent trend may be a sign that some of the demand in the upper price tiers has shifted down to lower-priced product. A good indication of the sharp slowing down in the rate of growth in market values for waterfront residential land is provided by Sales 1 and 5 considered in the sales comparison approach. These are similar properties selling in August and May of 2016, respectively, both for approximately $412 per square foot. Note that Sale 1 had previously sold in November 2012 for $3,400,000, and Sale 5 had previously sold in April 2014 for $3,650,000. The 2016 sales prices represent average monthly increases of 2.03% for Sale 1 (over the 45 months ending in August 2016), and .74% for Sale 5 (over the 25 months ending in May 2016). Since the more recent sales occurred around the same time (and the properties are otherwise relatively similar), the much faster rate of growth in the value of the Sale 1 property suggests that the rate of growth in market values between late 2012 and early 2014 (the period reflected by the Sale 1 property only) was much faster than the rate of growth between early 2014 and mid-2016 (the period reflected by both properties). Page 183 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 29 Page 184 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 30 At present, there are 12 active listings in the MLS for waterfront residential land priced $10,000,000 and above, 19 priced $5,000,000 to under $10,000,000, and 45 in the $1,000,000 to under $5,000,000 range. This is a total of 76 listings in the same overall price range reflected in the previous sales data, which showed total sales in this price range declining from eight or nine per quarter in early 2014 to four or less per quarter since early 2015. At the current rate of absorption, the data indicates th at the market will take several years to absorb existing available supply. Based on the data, the overhang of supply (as indicated by the active listings) relative to demand (as indicated by recent sales activity) appears to be greatest in the upper price tiers. In addition to the above data, other market evidence, including discussions with market participants active in the market for luxury residential product, supports the conclusion that demand increased very rapidly during 2013, 2014 and leading into 2015, but pulled back sharply during 2016. The preceding analysis indicates that, after significant increases during the period leading up to 2015, demand for luxury waterfront residential real estate in Miami-Dade County has recently declined, causing a slowing in the pace of sales activity. This is most notable in the upper price tiers, where a significant gap between current absorption rates and the level of available inventory indicates that competing supply is likely to exert significant downward pressure on prices in the near term. Page 185 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 31 Exposure Time Exposure time is the “estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Exposure time is a retrospective opinion based on an analysis of past events assuming a competitive and open market”1. This analysis considers the exposure time at a market related price such as the estimated market value herein. In estimating exposure time, sales are analyzed, real estate brokers and property owners are interviewed and statistics from published surveys are considered. Based on data obtained from the MLS, the median number of days on the market for waterfront single-family residential lots selling for $5,000,000 and up in Miami-Dade County since November 1, 2013 was 229, based on a sample of 20 sales. Lower priced waterfront lots tended to sell in less time. Note that the market analysis indicates that market conditions are weakening, with demand losing strength and the level of competing supply increasing. In the near term, this is likely to lengthen the exposure time necessary to achieve a sale at market value. The exposure time for the subject is estimated at nine to 12 months. This estimate considers that the property would have been properly marketed and priced. If the property were not to have been priced correctly or marketed through proper channels, then it is not likely that neither the estimated market value nor the estimated exposure time would have been achieved. Marketing Time Marketing time differs from exposure time which is presumed to precede the effective date of appraisal. It is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. The main parcel is a large waterfront lot in a very desirable location, but under market conditions that are shifting from recent strength to a weakening trend, and an increasing amount of available competing product. These factors are likely to cause marketing times to increase in the near term. The marketing time is estimated at 12 to 15 months. This assumes that the property is properly marketed and priced correctly. Typical Purchaser of the Subject The value herein is based on an “across the fence value” which assumes a value based on being a buildable site. If the subject property was of sufficient size to be developed, the t ypical purchaser would be a residential builder, or a private owner, to construct a single-family residence. Page 186 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 32 Highest and Best Use The site is valued for its highest and best use, which may be defined as follows: That reasonable and probable use that will support value as defined as of the effective date of the appraisal. In analyzing the highest and best use, the following four questions are answered: 1. Legally Permissible. What uses are legally permitted on the subject site with respect to zoning ordinances and deed restrictions? 2. Physically Possible. What uses of those legally allowed are physically possible on the subject site? 3. Financially Feasible. Of those uses determined to be physically possible and legally permissible, which ones will produce a positive return? 4. Maximally Productive. Of those that are feasible, legally permissible, and physically possible, which will produce the highest rate of return or value? As Vacant The zoning on the adjacent parcel is RS-2, Single Family Residence District by the city of Miami Beach, FL, which is assumed to be the zoning for the subject property. The subject was a desirable location. Based on the only use allowed by zoning, the highest and best use is for construction of a single-family residence. As Improved The subject property is vacant land and therefore an analysis of the highest and best use as improved is not applicable. Page 187 of 376 Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 33 Appraisal Process An analysis of three separate approaches to value; sales comparison approach, cost approach, and income capitalization approach, will be considered to estimate the value of the subject property. Although these three approaches to value are considered within every appraisal report, they may not be applicable to every property being appraised. The cost approach is based on the principle of substitution which states that an informed purchaser would not pay more for a property than the cost of reproducing a property with the same utility. The cost approach can often yield reliable estimates of value for new construction. This approach entails estimating the cost of producing the improvements, deducting an estimate of depreciation, then adding the value of the site as if vacant. To this value an entrepreneurial incentive is added to arrive at the estimated value by the cost approach. The income capitalization approach is based on the concept that value is created by the expectations of future benefits and higher earnings should result in higher values. Income producing real estate is purchased for the right to receive future income. The income capitalization approach consists of methods to analyze a property's capacity to generate income, and a reversion, and co nvert these monetary benefits into an estimate of value. The sales comparison approach is based on the principle of substitution which suggests that, within competitive markets, similar products will realize similar prices. Inherent in this concept is th e premise that a purchaser would not pay more for a property than the cost to acquire another property with the same amenities and utility. The final steps in the appraisal process are review and reconciliation of the data and conclusions. In reaching a conclusion of value, the entire process involving the approaches that were estimated must be reviewed for accuracy, completeness and consistency. After analysis, evaluation and reconciliation of the indications a value is estimated. The essence of this final reconciliation should be a defensible and rational conclusion of value. The only approach used in this appraisal is the sales comparison approach. The income capitalization approach and the cost approach are not applicable to the valuation of the subject property. Page 188 of 376 Cost Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 34 Cost Approach The basis of the cost approach is the principle of substitution. This principle suggests that a prudent buyer would not pay more for a property than the cost to acquire a similar site and construct comparable improvements. Following are the procedures for preparing the cost approach. 1. Estimate the value of the land as though vacant and available to be developed to its highest and best use. 2. Determine which cost basis is most applicable to the assignment: reproduction cost or replacement cost. 3. Estimate the direct (hard) and indirect (soft) costs of the improvements as of the effective appraisal date. 4. Estimate an appropriate entrepreneurial profit or incentive from analysis of the market. 5. Add estimated direct costs, indirect costs, and the entrepreneurial profit or incentive to arrive at the total cost of the improvements. 6. Estimate the amount of depreciation in the structure and, if necessary, allocate it among the three major categories: physical deterioration, functional obsolescence, and external obsolescence. 7. Deduct the estimated depreciation from the total cost of the improvements to derive an estimate of their depreciated cost. 8. Estimate the contributory value of any site improvements that have not already been considered. (Site improvements are often appraised at their contributory value - i.e., directly on a depreciated-cost basis - but may be included in the overall cost calculated in Step 3 and depreciated, if necessary). 9. Add land value to the total depreciated cost of all the improvements to develop the market value of the property. 10. Adjust for personal property (e.g., furniture, fixtures, and equipment) or intangible assets that are included in the appraisal. 11. Adjust the value conclusion, which reflects the value of the fee simple estate, for the property interest being appraised to arrive at the indicated value of the specified interest in the property. 1 As the subject property is unimproved vacant land, the cost approach is not applicable. 1 The Appraisal of Real Estate, 14th Edition, 2013, Pages 568 and 569 Page 189 of 376 Income Capitalization Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 35 Income Capitalization Approach Income producing real estate is typically purchased as an investment, and from an investor’s point of view earning power is the critical element affecting property value. One basic investment premise holds that the higher the earnings, the higher value, provided the amount of the risk remains constant. An investor who purchases income-producing real estate is essentially trading present dollars for the expectation of receiving future dollars. The income capitalization approach to value consists of methods, techniques, and mathematical procedures that an appraiser uses to analyze a property’s capacity to generate benefits (i.e., usually the monetary benefits of income and reversion) and convert these benefits into an indication of present value.1 In the income capitalization approach, an appraiser analyzes a property’s capacity to generate future benefits and capitalizes the income into an indication of present value. The principle of anticipation is fundamental to the approach.2 An income capitalization approach was not applied as it was not within the scope of this appraisal. Since this approach is typically not considered by purchasers of this property type, not using it does not limit the reliability of the value estimated herein. 1 Appraisal of Real Estate, 14th Edition, 2013, Page 439 2 Ibid., 439 Page 190 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 36 Sales Comparison Approach The sales comparison approach is based on the principle of substitution. The principle of substitution holds that the value of property tends to be set by the cost of acquiring a substitute or alternative property of similar utility and desirability within a reasonable amount of time.1 In the Sales Comparison Approach, an opinion of market value is developed by comparing properties similar to the subject property that have recently sold, are listed for sale, or are under contract (i.e., for which purchase offers and a deposit have been recently submitted). A major premise of the sales comparison approach is that an opinion of the market value of a property can be supported by studying the market’s reaction to comparable and competitive properties. Qualitative analysis is a relative comparison process without mathematics . Sales are ranked based upon their desirability as compared to the subject. Comparisons can be expressed as plus or minus as opposed to dollar or percentage adjustments. Quantitative analysis is the process of applying mathematical techniques. Sales are adjusted to the subject property on a dollar or a percentage basis. One method of supporting adjustments is through paired data analysis. This method analyzes two sales and attributes the difference in their sales prices to the characteristic which is different. This analysis requires an abundance of sales data which is frequently not available. Qualitative analysis is used herein to estimate a value by the sales comparison approach. Characteristics of the sales considered superior to the subject are given a minus (-) adjustment. Those characteristics of the sales considered inferior to the subject are given a plus (+) adjustment. Each sale is given an overall adjustment indicating how it compares to the subject. On the following page is a grid of the sales used for comparison to the subject property. These are waterfront lots comparable to the adjacent parcel. 1 The Appraisal of Real Estate 14th Edition, 2013, page 379 Page 191 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 37 Vacant Land Sales Grid Following is a grid of the comparable sale properties used for comparison to the subject property. Sale Sale Date Location Water Frontage Views Sale Price Square feet Size Price/ Sq.Ft. 1 August 2016 412 W Dilido Dr. Miami Beach 90’ Waterways $6,500,000 15,750 $413 2 November 2014 5840 North Bay Rd. Miami Beach 190’ Bay (unobstructed) $15,250,000 37,895 $402 3 June 2015 5350-5370 North Bay Rd. Miami Beach 160’ Bay (unobstructed) $13,750,000 25,439 $541 4 June 2015 6455 Pine Tree Dr. Circle Miami Beach 360’ Waterways $13,000,000 27,860 $467 5 May 2016 609 E Dilido Dr. Miami Beach 60’ Waterways + partial bay views $4,325,000 10,500 $412 Adjacent Parcel May 2014 5860 North Bay Road Miami Beach 150’ Bay (unobstructed) $9,650,000 24,425 $395 Subject 5880 North Bay Road Miami Beach 4,973 Page 192 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 38 Vacant Land Sales Map Note: This map includes supplemental Sales 6 through 10, discussed following the analysis of Sales 1 through 5 and conclusion of market value for the main parcel. Page 193 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 39 Comparable Land Sale 1 Property Location 412 W Dilido Drive Miami Beach, FL 33139 Miami-Dade County Property Identification Tax ID: 02-3232-011-0270 WRI No: 304012 Units of Comparison Price/Sq.Ft.: $412.70 Price/Acre: $18,055,556 Property Description Square Feet: 15,750 Acres: 0.36 Topography: Grade level Shape: Rectangular Zoning: RS-3, Single Family Residence District by the city of Miami Beach, FL Recording Information Sale Price: $6,500,000 Sale Date: August 2016 ORB/Page: 30216/4507 Grantor: 412 W Dilido, LLC Grantee: Holderness Properties, LLC Financing: All cash to the seller Prior Sale: November 2012 for $3,400,000 Comments This is a waterfront residential lot on Di Lido Island, just off the Venetian Causeway. The lot faces west toward San Marino Island and has 90 feet of water frontage. There is an existing 3,600 square feet residence built in 1962, but the property was marketed as a development site with approved and permitted plans for a new single-family residence. Page 194 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 40 Comparable Land Sale 2 Property Location 5840 North Bay Road Miami Beach, FL 33140 Miami-Dade County Property Identification Tax ID: 02-3215-003-0240 WRI No: 304013 Units of Comparison Price/Sq.Ft.: $402.43 Price/Acre: $17,528,736 Property Description Square Feet: 37,895 Acres: 0.87 Topography: Grade level Shape: Irregular Zoning: RS-2, Single Family Residence District by the city of Miami Beach, FL Recording Information Sale Price: $15,250,000 Sale Date: November 2014 ORB/Page: 29395/0068 Grantor: Nathan Segel and Esme M. Segel Grantee: Barish Family Investments, LLC Financing: All cash to the seller Prior Sale: None in the past five years Comments This is a waterfront residential lot located on North Bay Road with unobstructed bay views and approximately 190 linear feet of water frontage. In April of 2015, the buyer filed a notice of commencement for demolition of an existing older residence, and a separate notice for construction of a new single-family residence. The existing residence was demolished but new construction has not begun. The property has been listed for sale since April 2016 with an asking price of $16,900,000. Page 195 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 41 Comparable Land Sale 3 Property Location 5350-5370 North Bay Road Miami Beach, FL 33140 Miami-Dade County Property Identification Tax ID: 02-3215-003-1840 (Parcel 1); 02- 3215-003-1850 (Parcel 2) WRI No: 304014 Units of Comparison Price/Sq.Ft.: $540.51 Price/Acre: $23,706,897 Property Description Square Feet: 25,439 Acres: 0.58 Topography: Grade level Shape: Square Zoning: RS-3, Single Family Residence District by the city of Miami Beach, FL Recording Information Sale Price: $13,750,000 Sale Date: June 2015 ORB/Page: 29226/0294 (Parcel 1); 29658/2263 (Parcel 2) Grantor: Emanuel C. Ackerman and Lauren Kogen Ackerman (Parcel 1); Margarita P. Muina, as successor co-trustee (Parcel 2) Grantee: Rex Runzheimner and Carolyn Runzheimner (Parcel 1); KDRIVE, LLC (Parcel 2) Financing: All cash to the seller Prior Sale: None in the past five years Comments This waterfront residential tract is an assemblage of two adjoining parcel purchased from separate sellers over a period of one year. Parcel 1 (5370 N Bay Rd.) is a 12,759-square feet site acquired in June 2014 for $6,500,000 ($509.44 per square feet). Parcel 2 (5350 N Bay Rd., adjacent to Parcel 1 on its south side) is a 12,680-square feet site acquired in June 2015 for $ 7,250,000 ($571.77 per square feet). The buyer is the owner of the adjoining residence along the north side of Parcel 1 (5380 N Bay Rd.). The entity buying Parcel 2 is under control of the buyer. In December 2014, the buye r filed for unity of title to combine Parcel 1 with the adjoining property (5380 N Bay Rd.). After purchasing Parcel 2 in June 2015, the buyer applied to split the recently combined parcels and combine Parcel 1 with Parcel 2 into a single lot, with plans for a new single family residence on the combined property. The proposal indicates that the existing residence at 5380 N Bay Rd. will remain unmodified and not be a part of the new property. The new combined site has a total land area of 25,439 square feet with approximately 160 linear feet of water frontage with unobstructed bay views, and was acquired at a total cost of $13,750,000, or $540.51 per square feet Page 196 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 42 Comparable Land Sale 4 Property Location 6455 Pine Tree Drive Circle Miami Beach, FL 33141 Miami-Dade County Property Identification Tax ID: 02-3211-013-0050 WRI No: 304011R Units of Comparison Price/Sq.Ft.: $466.62 Price/Acre: $20,312,500 Property Description Square Feet: 27,860 Acres: 0.64 Topography: Grade level Shape: Irregular Zoning: RS-3, Single Family Residence District by the city of Miami Beach, FL Recording Information Sale Price: $13,000,000 Sale Date: June 2015 ORB/Page: 29677/2160 Grantor: Brickview 3114, LLC Grantee: The Edge on Brickell, LLC Financing: All cash to the seller Prior Sale: February 2014 for $7,000,000 Verification: Cristina Gort, Cervera Real Estate, Inc. (broker), 305-733-4099 Comments This is a "tip" lot located on the northeast side of Pine Tree Drive Circle, a small street that loops between La Gorce Drive and Pine Tree Drive. It benefits from wide water views facing north toward La Gorce Island and east toward Allison Island. Total water frontage is approximately 360 feet. The seller had purchased the property in February 2014 and demolished an existing structure. This transaction occurred on the same day as a separate transaction between the same parties involving a different property, a commercial parcel in downtown Miami. In the other deal, the buyer on this deal was the seller, and vice versa. The broker on this deal confirmed both that the two parties are unrelated, and that the two transactions are independent of each other (the prices paid in each transaction being a market price unrelated to the other transaction). Page 197 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 43 Comparable Land Sale 5 Property Location 609 E Dilido Drive Miami Beach, FL 33139 Miami-Dade County Property Identification Tax ID: 02-3232-011-0640 WRI No: 303972 Units of Comparison Price/Sq.Ft.: $411.90 Price/Acre: $18,020,833 Property Description Square Feet: 10,500 Acres: 0.24 Topography: Grade level Shape: Rectangular Zoning: RS-3, Single Family Residence District by the city of Miami Beach, FL Recording Information Sale Price: $4,325,000 Sale Date: May 2016 ORB/Page: 30092/3967 Grantor: Denmark Land Company, LLC & 609 E Dilido, LLC Grantee: A Boy Named Sue, LLC Financing: All cash to the seller Prior Sale: April 2014 for $3,650,000 Comments This is the sale of a waterfront parcel located along the east side of E Dilido Drive just north of the Venetian Causeway. It has 60 feet of water-frontage and had a 2,907-square foot house at the time of the purchase. Plans for development were also available with the purchase. Page 198 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 44 Adjustment Grid – Waterfront Sales Below is a grid which illustrates qualitative adjustments used to compare the comparable sales to the subject property. Percentage adjustments were not utilized. To utilize percentage adjustments, it would be necessary to pair (compare) sales to extract value differences. This is difficult as there is normally insufficient data to provide pairings for all value differences. Below is a grid which illustrates the adjustments made. A plus (+) sign indicates the unit of comparison of the sale must be adjusted upward as that characteristic is inferior to the subject. A minus (–) sign indicates the unit of comparison of the sale must be adjusted downward since the characteristic is superior to the subject. An equal (=) sign indicates the comparable sale characteristic is similar to the subject. Sale 1 2 3 4 5 Price Per Square Foot $413 $402 $541 $467 $412 Property Rights Conveyed = = = = = Financing = = = = = Conditions of Sale = = - - = = Market Conditions (Time) = + - - = Location + = = + + Water Frontage / Views = / + + + / = = / = - - - / + + = / + Size / Shape - / - + / - = / - = / - - / = Overall Adjustment + + - - - - + After considering the individual differences, either a plus (+), minus (–) or equal (=) sign has been placed in the "Overall" column. This indicates the overall adjustment that the sale would require as compared to the subject property. Page 199 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 45 Conclusion of Value – Waterfrontage The sales comparison approach compared similar properties and adjustments were made for the pertinent characteristics. Based on these comparisons a value was estimated for water front property. Sale prices per square foot range from $402 to $541. Comparative analysis indicates that adjustments are required for market conditions, location, water frontage/views, and size/shape. In addition, an adjustment is required for Sale 3 for conditions of sale. No adjustment is required for zoning. Market conditions adjustments consider the change in overall market conditions during the period between the date of the sale and the valuation date. Note that the market analysis indicates that market values increased sharply between 2014 and 2015, but declined slightly since 2015. Therefore, the market conditions adjustment for Sale 2 (which occurred in 2014) reflects values increasing significantly and then declining slightly (a net increase), whereas the adjustments for Sales 3 and 4 (which occurred during 2015) reflect a slight decline. Location adjustments consider general characteristics of the site and overall desirability of the area. The desirability of a location is influenced by many factors. The adjustments shown reflect the combined influence of all factors on balance. Water frontage/views consider the extent of water frontage in proportion to the lot area and the quality and desirability of water views. Size/shape adjustments consider the tendency for larger lots to sell for a lower price per square foot, based on the diminishing value of additional land area above a minimum threshold amount needed to support construction of a residence suitable for the property. Also considered was the greater desirability of more square-like and rectangular shapes in comparison to highly irregular and elongated shapes which tend to constrain design choices and raise construction costs (though the influence of shape irregularity on values per square foot diminishes with increasing lot size). Note that Sale 2 is located a few parcels south of the of the subject property. After the November 2014 sale at $15,250,000 ($402 per square feet) this property was listed for sale in June 2015 with an asking price of $19,950,000 ($526 per square feet) and taken off the market in December 2015. It was then re-listed in April 2016 with an asking price of $16,900,000 ($446 per square feet). It remains available at that price. On balance, the comparative analysis indicates that the estimated value should achieve a sale price per square foot above Sales 1, 2 and 5 (a range of $402 to $413), and below Sales 3 and 4 ($541 and $467, respectively). Consideration was also given to the sale in May 2014 of the adjacent parcel at $395 per square foot. A value between $413 and $467 per square foot, equal to $440 per square foot is supported by the analysis for waterfront land. This represents an increase of 11.4% since the most recent sale, an average of approximately 4.56% per year over the 30 months since May 2014. Page 200 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 46 Valuation of the Subject Property – Non-Waterfrontage The subject property has 25 feet of street frontage and a depth of 193 to 204 feet, but lacks water frontage. It extends to a point 30 feet from the water’s edge. It does benefit from water views looking west and northwest over the 30 feet at the northwest corner of the main parcel, but note that because the City proposes to retain an easement over the subject property for public utilities, no construction on the subject property would be possible. The subject property is a City- owned parcel and is unlike any other parcel based on its location, size and shape. Only general comparisons can be made to other parcels. Generally, subject property is inferior to other properties on the west side of North Bay Road as it lacks waterfrontage. At the subject location, where large single-family parcels with substantial water frontage are among the most valuable in the region, this is a significant factor. However, the location is considered superior to otherwise similar non-waterfront parcels (including those on the east side of N Bay Road) because land on the west side of N Bay Road benefits from proximity to the water. These considerations indicate that, in estimating the across the fence value for the subject property, a downward adjustment to the value per square foot of waterfrontage for location is estimated. Also, a positive adjustment for location is indicated with respect to the sales of dry parcels (discussed on the following pages). Below is a summary grid of several additional sales of non-waterfront parcels in the area. The summary grid is followed by aerial photographs of each property. Vacant Land Sales – Non-Waterfrontage Sale Sale Date Location Zoning Sale Price Square feet Size Price/ Sq.Ft. 6 8/2015 4535 Nautilus Court Miami Beach RS-4 $1,005,000 9,283 $108 7 2/2016 5900 Pine Tree Drive Miami Beach RS-4 $1,238,000 8,603 $144 8 2/2016 5435 La Gorce Drive Miami Beach RS-4 $1,190,000 7,768 $153 9 2/2016 6015 N Bay Road Miami Beach RS-4 $1,450,000 9,371 $155 10 4/2016 4740 Alton Road Miami Beach RS-4 $710,000 6,000 $118 Subject 5860 N Bay Road Miami Beach RS-2 4,973 Page 201 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 47 Vacant Land Sales Map – Non-Waterfront Sales Sale 6 Sale 7 Sale 8 Sale 9 Sale 10 Page 202 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 48 Conclusion of Land Value – Non-Waterfrontage For simplicity, the following analysis excludes consideration of the effect of the easement. In other words, the supplemental sales are considered first in comparison to the subject property assuming no easement. The effect of the easement on the value of the subject property is considered separately in a following discussion. All the supplemental sales are recent sales of similar sized dry lots located close to the subject property. Sales 7 and 9 are located across the street from waterfront parcels and Sale 8 is located across the street from parcels fronting the La Gorce golf course. These sales occurred in February 2016 in the range of $144 to $155 per square foot. Sale 6 at $108 per square feet occurred in August 2015 and is located several streets further in from the water. Sale 10 at $118 per square feet occurred in April 2016 but is disadvantaged by its location directly on Alton Road, a high-traffic street in comparison to the other sales and the subject. In terms of location, Sales 6 and 10 at $108 and $118 per square feet are very inferior to the subject, and Sales 7, 8 and 9 at $143 to $155 are inferior. On balance, the analysis indicates that a value per square foot is between the market value of waterfront land ($440) and the range indicated b y the supplemental non-waterfront sales ($108 to $155). A reconciled value closer to the indication by the non-waterfront sales would be appropriate. The concluded value for the subject property which considers it is not waterfront, however is located on the west side of North Bay Road, is $200 per square foot. A value of $200 per square feet times 4,973 square feet indicates a value for the subject property of $995,000 (rounded), before consideration of the impact of the City of Miami Beach easement. Discussion of the Impact of the Easement on Value The subject property is encumbered by an easement that would prohibit any construction on the entire 25-foot width of the tract. The City indicated that the easement would permit non-attached items such as patio furniture, and would allow a fence to be constructed around the perimeter. Also, allowed would be a paved patio area (such as brick pavers) and other types of landscaping. However, any permanent structures that would require footings or a foundation would be prohibited. The easement would give the City the right to periodically enter the area, remove any fencing, paving, trees and landscaping, and excavate to make repairs or modifications to underground facilities. The City would be obligated only to return the work area to a typical landscaped condition (e.g. sod and standard type shrubs). In practice, this sort of work is done very infrequently, and the City has been known to perform more extensive restoration work than just sod and shrubs. However, easement provides no guarantees beyond the obligations stated above, and does give the City the right to access its underground facilities at any time. Having the easement on the subject property reduces the utility of the site as it will not allow for construction. The result would be a site that could be used for parking, open areas, landscaping and other uses that do not require construction. Page 203 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 49 Estimating the loss in value due to the easement is difficult. There are instances where a utility company, such as FPL, will sell land under a powerline easement that will not allow any construction, however can be used for parking. Historically these type sites sold at discounts from 25%+/- to 90% of the fee simple values of adjoining sites. A lot of the price differences considers the buyers and their respective needs for land that was adjacent to their existing use. In part, an adjustment for an easement of this type is subjective. In the case of the subject property, the adjacent owner would likel y pay a greater amount as it would increase the allowable buildable area. However, this appraisal is not an estimate of the value to the adjoining owner. Considering the site cannot be built upon, is subject to the potential for the City to access the site for repairs and maintenance for time periods that are not limited, the value of the subject property is for surplus land. The adjoining owner could use this site for landscaping, recreational use and possibly to park cars. The estimated discount is 75% to reflect the restrictions on the site and the inability to construct on the site. On the following two pages is an analysis which indicates the discount should be greater than 62.5%. Applying a discount of 75% to the $995,000 estimated fee simple value, indicates a value of $250,000 ($995,000 – 75%, rounded). In summary, the subject property has been valued based upon an “across the fence value” to reflect an estimated value as if it was a buildable site. Next, consideration was given to this site, although valued as a buildable site, will be restricted by an easement that does not allow construction. As such, this limits the uses of the site. The adjacent owner would be the likely only purchaser that could utilize the property. This appraisal does not value the site based on a premium that might be paid by the adjoining owner. It values the site based on an across the fence value, with that value discounted for the inability to construct on the site and the effects of the easement. On the following page is an analysis of the effect of the buildable area that would be gained by the adjoining property owner by acquiring the subject property. Page 204 of 376 Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 50 Analysis of Setbacks and Potential for Increased Buildable Area The following analysis considers the effect of the easement. To understand the effect of the easement on what could be constructed on the combined site, the following analysis considers the changes resulting from the addition of the subject property to the adjoining parcel. For the subject parcel, the RS-2 zoning district stipulates interior side yard setbacks of 10% of lot width, a front yard setback of 20 feet, and a rear yard setback of 15% of lot depth. It also imposes a maximum lot coverage of 30% of lot area for two-story homes, making it unlikely for the typical design to reach the setback limits on all four sides. Following is an analysis of the effects of the buildable frontage if the subject property is added to the adjacent parcel. Adjacent Parcel Existing Setbacks The existing setbacks for the buildable width are 10% each on the north and south sides. Based on the 100 feet of frontage the deducts total 20 feet, leaving a buildable width of 80 feet. 100 feet less 10% for each setback). Adjacent Parcel Setbacks with the Subject Property Added The existing setbacks for the buildable width are 10% each on the north and south sides. If the subject property is added to the adjacent property, the total frontage would be 125 feet. Based on the 125 feet of frontage the deducts total 25 feet, leaving a buildable width of 80 feet (125 feet less 10% for each setback). Adjacent Parcel Setbacks with the Subject Property Added and with the Easement If the subject property is added to the adjacent property, the total frontage would b e 125 feet. If the subject property’s easement not to allow construction is considered, the 25 feet of the subject property cannot be constructed upon and therefore the north set back would be 25 feet. Based on the 125 feet of frontage the south set back would be 12.5%. (125 feet times 10%). This leaves buildable frontage of 87.5 feet (125 feet less 25 feet for the north setback and less 12.5 feet for the south setback). To estimate a discount attributed to the subject property considered was the effect of the easement if the subject property were combined with the adjacent parcel. As analyzed above, without the easement on the subject property, the buildable foot print width would have increased from 80 feet to 100 feet when adding the subject property to the adjoining site. Because of the easement, the buildable foot print width would only increase to 87.5 feet. This means that because of the easement the buildable width decreased from 20 feet to 7.5 feet, or a discount of 62.5%. This discount does not reflect the inability to construct on the easement and the inability to construct a wall to enclose the area. These additional restrictions place downward pressure on the value and indicates a discount should be greater than 62.5%. The above scenario assumes that construction could take place right on the property line. Because the easement does not allow construction it might be necessary to setback an additional one to two feet. Applying the same calculations, the implied discount would increase to 67.5% to 72.5%. Page 205 of 376 Reconciliation of Value Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 51 Reconciliation of Value The reconciliation process considers the approaches which were utilized in this report. Each approach to value is analyzed as to its reliability and applicability. These approaches indicated the following values: Cost Approach Not applicable Income Capitalization Approach Not applicable Sales Comparison Approach $250,000 The cost approach estimates the land value and adds the depreciated value of the improvements. As the land being appraised is vacant, this approach is not applicable and was not applied herein. The income capitalization approach analyzes the projected income and expenses of a property and capitalizes the net income into a value estimate. Typically, vacant land is not purchased based on its ability to generate income. This approach is not applicable and was not applied herein. The sales comparison approach compares sales of similar properties to the subject property and is the only applicable approach to value. These sales were analyzed for differences such as conditions of sale, financing, market conditions, location, zoning, shape/size, and other characteristics. The strength of this approach relies on the quality of the comparable sales. Sales which closely resemble and can be compared easily with the subject are most desirable. The sales utilized were considered comparable and make the sales comparison approach the only reliable indication of value. The sales comparison approach was used to estimate the across the fence value of the subject property. The estimated value was discounted to reflect a decrease in value based upon the easement that would be in place. As the subject property is vacant land total reliance was placed on the sales comparison approach. Based on the analysis, the market value of the subject property, subject to an easement, as of November 23, 2016, is estimated at $250,000. This appraisal report contains extraordinary assumptions. The reader is strongly advised to be familiar with the definition of an extraordinary assumption because it is significant in understanding the premise of this appraisal. The definition is detailed on page 3 in the letter of transmittal. It is applicable to this appraisal because a change in the extraordinary assumptions could cause a change in the opinions and conclusions herein. Page 206 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 52 Addenda Page 207 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 53 County Area Description Page 208 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 54 Miami-Dade County and Area Description General Overview Miami-Dade County, often referred to as “Miami” is known internationally for its weather, beaches, banking, fine art, shopping, and Latin culture. While many pass through the Cruise Capital of the World, 2.5 million people call it home. Miami-Dade County is at the southeastern tip of Florida and is the south-easternmost state in the continental United States. Its land area is approximately 1,946 square miles and is bordered by Broward, Collier, and Monroe Counties to the north, southwest, and south, respectively. The county is bordered by the Atlantic Ocean to the East and Everglades National Park to the West. Demographics As of the 2013 Census report, Miami-Dade County has 2,496,435 residents. Over half of those were born outside the United States; 70 percent fall between the ages of 25 and 55. As depicted in the following graph, the county’s population has risen steadily since 1970. Miami-Dade County Population Projections 2015 Projection based on 2011 Estimate Percentage change 2011 to 2015 2020 Projection based on 2011 Estimate Percentage change 2011 to 2020 2,591,790 3.8% 2,717,631 4.9% Page 209 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 55 Miami has a positive reputation for international business, and developers are marketing their new projects to those individuals. Therefore, the county’s population is expected to increase at an even greater rate approaching the year 2020. Miami is the largest city in the County. Other populous municipalities include Hialeah, Miami Gardens, Miami Beach, and unincorporated land. Actively growing are some new cities since 2000 such as Cutler Bay and Doral. Brief History Miami was founded in 1866 after the end of Spanish rule in Florida. Before the turn of the century, prominent figures such as William and Mary Brickell and Henry Flagler established a community and connected the young city to the rest of the United States. Island people moved here for work. In 1910, John Collins discovered fresh water on Miami Beach, and within a decade, the population soared, and businessmen bought up the land. The city quickly became a popular spot for tourists, but it crumbled under the hurricane of 1926. During the decades of war, parts of Miami-Dade County became training grounds for military. Residents then slowly built back up the tourism industry. The early 1960's marked the beginning of the arrival of large numbers of Cuban Refugees into Miami- Dade County and South Florida. In the years following, significant numbers of immigrants have come from Haiti, Cuba and other Latin American countries. Government Miami-Dade County has a strong mayor form of government, with nine elected individuals (one mayor and eight commissioners) making up the Miami-Dade County Board of Commissioners. The mayor appoints a professional administrator to manage the daily activities of the county government and a county attorney to handle its legal matters. Some governmental activities, services and functions previously handled by individual municipalities are now handled by the county. Among these are real property assessment and valuation, health and welfare, most water and sewers, traffic engineering, public libraries, public transportation, public housing, urban renewal, seaport, airport, regional parks and air and water pollution control. In addition to these, Miami-Dade County provides services to the unincorporated areas of the county such as: police and fire protection, building and zoning regulation, trash and garbage collection and disposal, parks and recreation, consumer protection and corrections and rehabilitation of ad ults and youth offenders. Page 210 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 56 Economic Base The primary industries that support Miami-Dade County’s economy through employment are trade, transportation and utilities, followed by education/health services and government. The most known is tourism, a major industry for Miami-Dade County. The following chart reflects the county’s demographics by trade, with tourism ranking the highest number of companies, followed by retail and finance, insurance and real estate. Source: The Beacon Council A year-round growing season allows the agricultural industry to be the top vegetable supplier and producer in the country. The industry employs more than 20,000 people and produces more than $2.7 billion in economic benefits each year. As a result, agritourism has sprouted an industry throughout the agricultural area where visitors can sample and purchase locally grown products. 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 Miami-Dade County Demographics by Trade No. of Companies Page 211 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 57 Transportation Miami International Airport (MIA) and its linkages are considered to be the driving force for growth behind its surrounding area. Airport traffic in 2013 included over 40 million passengers, 2 million tons of freight, and 2 million tons of cargo. Other airports within the county include Kendall-Tamiami Airport and Opa-locka Executive Airport. The aviation industry directly and indirectly contributes $26.7 billion and 282,043 jobs to the local economy. PortMiami annual activity includes 4.3 million cruise passengers and 7.4 million tons of cargo. The port contributes more than $27 billion annually to the South Florida economy and helps provide direct and indirect employment for more than 207,000 individuals. It had been undergoing construction for a two-way underwater tunnel between the port and downtown Miami. The Deep Dredge Project, set to deepen the channel from its current 42-foot depth to minus 50 feet in order to accommodate super cargo ships has been completed in 2015. Within Miami-Dade County, major roads include the Palmetto Expressway (State Road No. 826), a major north/south expressway; the Dolphin Expressway (State Road No. 836), a major east/west expressway; Interstate 95 and the Florida Turnpike. All of these represent Miami's expressway network and make almost any destination in Miami-Dade County within 30 to 45 minutes driving time. Transportation systems include a Busway in south Miami-Dade County linking to Metrorail, an elevated rail rapid transit system connecting portions of Miami-Dade County. In July 2012, a new Metrorail station in MIA links south Miami-Dade County, downtown Miami and the entire elevated rail line. The enables seamless connections to the Metromover systems and to a web of transportation arteries in neighboring counties leading to the rest of Florida. The Miami Intermodal Center (MIC) links the airport, East/West Rail, Amtrak, Tri-Rail, Airport/Seaport Connector and Metrorail mainline rail. Located near the State Road No. 836/State Road 112 Connector, it presently contains the bulk of the rental car agencies. East of the airport in the future it will contain retail, commercial, residential and tourist-designed development. The Metromover automated people mover system is located in downtown Miami and is an off-shoot of the Metrorail system. There are also Metrobus buses, most of which are in service daily throughout the county. The Metromover system includes the Brickell Avenue financial district and also runs north to the Omni area. Other transportation services in Miami-Dade County include Tri-Rail, railroads and taxicabs. Railroad service by Amtrak is accessible in northwest Miami-Dade. Tri-Rail is South Florida's commuter train system which services Miami-Dade, Broward and Palm Beach Counties. Education Based upon student population, the Miami-Dade County School system is the fourth largest public school system in the nation with 415 institutions including elementary, middle, high, K -8, charter, alternative and magnet schools. Many private institutions exist as well. Page 212 of 376 Addenda Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140 Waronker & Rosen, Inc.  Real Estate Appraisers & Consultants 58 Several colleges and universities located in the county are University of Miami, Barry University, Florida International University, Miami-Dade Community College, St. Thomas University, Florida Memorial College and Johnson & Wales University. Medical Miami-Dade County has the largest concentration of medical facilities in Florida. The largest institution is Jackson Memorial Medical Center, the second largest public hospital in the nation which shares many teaching, treatment and research capacities with the University of Miami. Private hospitals include Baptist Health System, Mercy, Miami Children’s, and Mount Sinai. Sports Professional, college and even local neighborhood sports draw spectators, participants and investors to a high degree and create a positive atmosphere. Professional football (Miami Dolphins), basketball (Miami Heat), baseball (Miami Marlins) and ice hockey (Florida Panthers) are continual draws. As of January 2014, business negotiations are currently underway to bring Major League Soccer to Miami. There are two horse tracks and a dog track. Several of these tracks have been approved for slot gambling or table gambling, depending upon location in a municipality or Indian reservation. Also offered are golf, tennis, as well as the numerous water sports, given the significant bodies of water. Arts and Culture Known for the wealth of ethnic diversity and heritage, Miami-Dade County has a cultural mix of festivals, concerts, theater, and dance performances. Adrienne Arsht for the Performing Arts of Miami-Dade County opened in 2006 and is home to the Concert Association of Florida, Florida Grand Opera, Miami City Ballet, and the New World Symphony. The county is also home to several museums and wildlife attractions. Summary During its history, Miami-Dade County and the Greater Miami area have experienced significant changes and growth. Trends indicate that the growth will continue with Miami-Dade County rapidly becoming an international city with a diverse culture. The economic base and the bilingual population should continue to attract new residents and businesses into Greater Miami. Sources including, but not limited to: United States Census Bureau (Jan. 2014). http://quickfacts.census.gov/qfd/states/12/12086.html Miami-Dade County Portal (Jan. 2014). www.miamidade.gov The Beacon Council (Jan. 2014). www.beaconcouncil.com Federal Reserve Economic Data (Jan. 2014). http://research.stlouisfed.org/fred2/ Miami Herald (various articles). http://www.miamiherald.com/ Page 213 of 376 Page 214 of 376 Page 215 of 376 Page 216 of 376 Page 217 of 376 Page 218 of 376 Page 219 of 376 Page 220 of 376 Page 221 of 376 Page 222 of 376 Page 223 of 376 Page 224 of 376 Page 225 of 376 Page 226 of 376 Page 227 of 376 Resolutions - R 7 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 9:55 a.m. Public He aring S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE ACH, FL O R IDA, ACCE PT ING T HE PROPOS AL F R OM T H E S ABRIN A C OHE N F OUNDAT ION, INC., A F LOR IDA N OT-FOR-P R OFIT C ORP ORAT ION (“FOUNDAT IO N”), FO R T H E F OUNDAT ION, A P U BL IC C H AR IT Y, T O F U N D- R AIS E AND C ONT R IB U T E ALL OF T H E EXP ENS ES RE LAT ED TO T HE C IT Y’S D ES IGN, DE VEL OP MENT AN D C ONS T RUCT ION OF A C IT Y-OWNED PAR KS AN D RECR EAT IO N FACILIT Y (T HE “FAC IL IT Y” OR “CE N T E R”), T O BE LO C AT E D AT A PORT ION OF T HE CIT Y’S “P72” S U R FACE PAR KIN G LOT AT 53R D S T RE ET AN D CO L L INS AVE NUE (T HE “P72 L OT ”), AND WH ICH FACIL IT Y, ONCE C OMP LET ED, WIL L BE USE D AS AN ADAPT IVE R ECRE AT ION CE N T E R SE RVING PERSONS WIT H PHY SIC AL AN D COGNIT IVE DISAB IL IT IE S, INCL UDING S ENIORS L IVING WIT H DISAB IL IT IE S AND AB LE-BOD IE D INDIVIDUAL S WIT H T EMP ORARY INJ U R IE S, WIT H T H E INT ENT OF EXPANDING T HE C IT Y’S ACCE SS IB LE BE AC H PROGRAMMING FOR T HE BE N EFIT OF T HE GENE R AL P U BL IC; P R OVIDING T HAT T HE FO OT PRIN T FOR T HE FACILIT Y SHAL L BE AP PROXIM AT E LY, BUT NOT MOR E T H AN, 5,000 SQUARE F EET, WIT H A MAXIMUM H EIGHT OF T WENT Y FO U R (24) F EE T, AN D C ONTAINING A BUIL DIN G HAVIN G NO MORE T HAN 10,000 S QUARE F EE T, WIT H T HE FINAL LO C AT ION F O R T H E FAC IL IT Y AT T HE P72 LOT T O BE D ET ERMINE D BY T HE C IT Y C OMMISS ION; PRO VIDIN G T HAT ALL PL AN S AN D SP ECIF ICAT IONS F OR T H E FAC IL IT Y SHAL L BE SUB J ECT TO AP PROVAL BY T HE C IT Y; AND F URT HE R, PROVID ING FOR T HE F OUNDAT ION T O MANAGE, OP ERAT E AND MAINTAIN T H E ADAP T IVE RE CREAT ION CE N T E R O N T HE C IT Y’S BE H ALF, FOR A T ERM OF NIN E (9) Y EARS, CO MMENCING UP ON T HE C IT Y’S C OMP LET IO N OF T HE CONST R U C T ION O F T HE FACILIT Y; FURT HE R AC C EP T ING T H E WRIT T EN R ECOMMENDAT ION OF T H E C IT Y MAN AGE R (AS F U RT HER SE T F ORT H IN T HE C IT Y CO M MIS SION M EMO R AN D U M AC C OMPANY ING T H IS RESOL U T ION) AND WAIVIN G, B Y 5/7T H VO T E, T HE F ORMAL C OMP ET IT IVE BIDDIN G RE QUIR EME NT, FIN D ING SUCH WAIVER TO BE IN T HE B ES T IN T E RES T OF T HE CIT Y, AND AP PROVING, IN S U BS TANT IAL F ORM, A F U N D ING, C OL LAB ORAT ION AND MANAGE M ENT AG R EE MENT WIT H T HE FOUNDAT IO N; AND AUT HO R IZIN G T HE MAYO R AN D CIT Y CL ERK TO EXE CUT E AN AGRE EME N T S U BS TANT IAL LY IN T HE F ORM AT TACHED TO T HE COMMISS IO N ME MORANDUM AC C OMPAN YIN G T HIS RESO LUT IO N. AN ALYS IS S ince May 2016, the F oundati on has operated an A daptive B each D ay program, serving over 600 unique visitors Page 228 of 376 including Miami B each, Miami-D ade and B roward resi dents as well as tourists from abroad. Visitors have included persons with physical and cognitive disabilities, including seni ors living with disabilities, veterans, and children with special needs. The program has volunteers ranging from high school students, college students, and physical therapy students to locals. E ach B each D ay is consi stently averaging approximately 100 vi sitors, with 25-40 disabled participants. In the last year, the F oundation has had over 800 individuals si gn-i n for an A daptive B each D ay. More information on the F oundation and its L eadership can be found at: http://sabrinasadapti vebeach.com/. A t the March 22, 2017 C ity C ommission meeting, a discussion on a possible arrangement wi th the S abrina C ohen F oundation, Inc., a F lorida not-for-profit corporation (the “F oundation”), for the construction and operation of a C ity- owned adaptive recreation center at a portion of the C ity’s “P 72” surface parking lot located at 53rd S treet and C ollins Avenue (the “F aci lity”), was referred to the F inance & C itywide P rojects C ommittee by C ommissioner J oy Malakoff. The F oundation’s concept for the F acility, which would be a C ity-owned building under the aegis of the C ity’s P arks and Recreation D epartment, represents the F oundation’s attempt to (1) build on the successful implementation of the adaptive beach days that provide disabled persons with the abi lity to enjoy the C ity’s beaches; and (2) respond to the main communi ty concerns and objections raised with respect to an earlier proposed project at a different locati on, A llison P ark. There is precedent in the C ity for similar arrangements involving not-for-profits. The C ity partnered with the B oys and Girls C lub for the construction of a facility in F lamingo P ark to offer programming for children. The C ity entered into a Management A greement with Unidad in connection with the construction and operation of a senior citizen center in B andshell P ark i n North B each. T he Administration conducted its first phase of community outreach inviting the three neighboring condominiums to a public input/informational meeting on April 17, 2017, where City Staff, Sabrina Cohen and Miami Beach Residents discussed the location and operation of the potential Center. One of the top concerns for the residents was available parking at lot P72. Residents voiced their concern over insufficient parking and that the Center should be built at a different other location. T he Parking Department was asked to provide data regarding P72 usage. Parking survey data shows P72 has 139 park spaces and on average 53% of the lot is empty. A t the A pri l 21, 2017 F inance and C itywide P rojects C ommittee (“F inance C ommittee”), this i tem was discussed and direction was gi ven for the C ity to continue to develop an agreement. A t the July 26, 2017 C ity C ommission meeti ng, following public input and discussi on, the Mayor and C i ty C ommission endorsed the concept for the C enter, and referred the proposed A greement to the F inance and C itywide P rojects C ommittee (“F inance C ommi ttee”) for further review and comment. A t the J uly 28, 2017 F inance C ommi ttee meeting, the F inance C ommittee discussed the terms of the proposed A greement, provided additional direction to the A dministrati on and C ity A ttorney’s Office with regard to proposed terms for the A greement, and provided the public with an additional opportunity to comment on the proposed A greement. A t the J uly 28, 2017 F inance C ommittee meeting, the F inance C ommittee requested additional terms or clarifications to the A greement, including the following: i. The F aci lity shall not be used as a hall for hi re, banquet hall or similar venue; ii. No alcohol sales shall be permitted at the F acility (provided, however, that the F oundation may serve alcoholic beverages as part of fundraisers that may take place at the C enter from time to time); Page 229 of 376 iii. C larifying requirements related to the F oundation’s concept desi gn submittals, which shall be subject to C i ty C ommission approval, and which shall speci fically include landscaped, vegetative green roof elements for the F acility, and ensure that access to the beach i s not blocked; iv. Milestones and ti meline for the F oundation to conduct its fund-raising for the project, based on the C oncept P lan approved by the C ity C ommission, with a fundraising period of three years following the C i ty C ommission’s approval of the C oncept P lan, and with the C ity retaining the right to terminate the agreement in the event the milestones are not achieved; v. C ity to retain the abi lity to close the C enter for up to fourteen (14) days per year to accommodate high impact C ity-wide events, such as the annual boat show; and vi. The C ity Manager or his or her designee to serve as a voting member on the F oundation’s B oard of D irectors. A t the S eptember 20, 2017 F inance C ommittee meeti ng, the F inance C ommittee considered a revised draft of the proposed A greement (i ncorporating the F inance C ommittee’s J uly 28, 2017 comments, as well as other negotiated terms), heard additional public input and comment, and favorably recommended that the C ity C ommission approve this A greement. In addition, at the F inance C ommi ttee meeting, counsel for an adjacent condominium made certain factual assertions concerning the number of parking spaces at the P 72 L ot, and claimed that 35 of the 139 public parking spaces at the P 72 lot were reserved for F ire D epartment personnel and not available to the public. However, the C ity’s P arki ng D epartment has subsequently confirmed that while there is a parking area behind the F ire S tati on with 35 spaces for use by the F ire D epartment, those 35 parking spaces are separate from the 139 parking spaces in the public parking lot available for use by the general public. F urther, the parking utilization data referenced in this Memorandum, indicating that the P 72 L ot is underutilized, only surveyed utilizati on of the 139 parking spaces, and did not take into account any utilization of the separate 35 parking spaces reserved for the F ire D epartment. P R OP OS E D AGR E E MEN T T E R MS The proposed A greement, as revi sed to i ncorporate the comments provi ded by the F inance C ommittee on J uly 28, 2017 and S eptember 20, 2017, includes the followi ng key terms, among other negotiated revisions: The F oundation, as a public charity, wi ll raise 100% of the funding required for the desi gn, development and construction of a C ity-owned F acility, with no C ity funds used for the development of the Facility. The C ity would not proceed with the design and constructi on of the F acility until the F oundati on has raised sufficient funds for desi gn and construction, and has transferred such funds to the C ity. Within six months following the executi on of the A greement, the F oundation shall submit a draft concept plan, including a proposed operating plan with suffi ci ent detail to enable the C ity to accurately esti mate the construction costs, the costs of F F &E , and the operation and maintenance costs of the F acility. The City would be the owner of the Facility, with the primary purpose of provi ding the general public and specifically, persons with physical and cognitive di sabilities, including seniors living with disabilities, and able- bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming. In the event the F oundation is unable to operate the C enter, the C ity will exerci se good faith efforts to identify another qualified vendor to assume the maintenance and programmi ng obligations for the C enter, and in the event the C ity i s unable to secure an agreement with another qualified vendor, the C enter shall be used for the most closely related P arks D epartment purposes, which may include general wellness programming, i n combination with beach accessi bility programming. The F oundation’s proposed concept design (“C oncept P lan”) shall be subject to C i ty C ommission approval (in addition to approvals required by applicable regulatory boards). A t a minimum, the C oncept P lan shall include Page 230 of 376 landscaped, vegetative “green” roof elements, and shall ensure publi c access to the beach is not blocked. The F oundation will submit a draft of i ts concept plan, and a proposed operating plan, within si x (6) months following the execution of the A greement. F ollowing C ity C ommission approval of the C oncept P lan, the F oundation agrees to a schedule of fundraisi ng thresholds and deadlines based upon the cost estimates associated with the C oncept P lan (i.e. 25% of funds raised by end of year one following C i ty C ommissi on’s approval of the C oncept P lan; 50% by end of year two following C ity C ommission’s approval of the C oncept P lan; and 100% by end of year three following C i ty C ommission’s approval of the C oncept P lan). The C ity may terminate the agreement if any of the foregoi ng deliverables and deadlines are not met, following a notice and thirty (30) day cure period. The F acility would be located on a porti on of the P 72 surface parking lot adjacent to B each Vi ew P ark, with a footprint of approxi mately 5,000 square feet, and a maximum of two stories (for a total of approximately 10,000 square feet). The final location of the Facility within the P72 Lot shall be determined by the City Commission as part of the design development process. The Facility would not impact any greenspace, and would be designed and developed with the intent of minimizi ng impacts to parking spaces. The C ity shall further have the right to close the F aci lity for up to fourteen (14) days per year to accommodate high impact C ity-wide special events (such as the boat show). In no event shall the Facility be used as a hall for hire, banquet hall, or similar third-party venue rental, or for the sale of alcoholic beverages. If the F oundati on raises the funding and the F acility is built, the F oundation would also manage and operate the C enter on the C ity’s behalf, for a term of ni ne (9) years. (The F oundation has offered a nine (9) year term for its management of the C enter, reduced from the original proposal of a term of ni ne years and 364 days). A ll operational and maintenance costs would be the responsibility of the F oundation (except for capital repai rs, if any, which shall be the responsibility of the C ity, in the same manner as the C i ty would ordinarily provide for other C ity-owned faci lities, and comparable to terms of other C ity management agreements with non-profit organizations, such as C ity’s agreement wi th Uni dad or the Miami D esign P reservation L eague). The C ity retains broad ri ghts to termi nate the A greement for its convenience, including, without limitation, if the F oundation fails to achieve its fundraising milestones within the time specifi ed i n the A greement. The C ity Manager or his or her designee shall be a voting member of the F oundation’s B oard of D irectors. If the C ity C ommission decides to accept the F oundation’s proposal, then the C i ty Manager recommends the wai ver of the formal competi ti ve bidding requirements with respect to the F oundation’s management of the F acility, for a term of nine (9) years. S peci fi cally, i f the F acility is constructed, it would be in the best i nterest of the C ity to permit the F oundation to manage and operate the F acility for a term of nine (9) years, in vi ew of (i) the F oundation’s successful i mplementation of adaptive beach programming i n Miami B each, and (ii) the financi al commitments the F oundation is undertaking to raise all of the funds for the design and construction of the project, as well as the maintenance and operation of the F acility (other than capital repairs, which wi ll be the C ity’s responsibility as the owner of the F acili ty). F inally, it must be noted that the proposed A greement does not guarantee a project. Rather, the A greement outlines the framework for the C ity and F oundation to further develop the project, and specifically, for the F oundation to conduct the fund-raising that will be requi red for the project, wi th initial milestones for progress and funding of the project. Page 231 of 376 Legislativ e Tracking Parks and Recreation Sponsor Commissioner Joy Malakoff AT TAC H ME N T S: Description Exhibits Resolution Page 232 of 376 September 20, 2017 DRAFT Exhibit "A" COLLABORATION, FUNDING AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE SABRINA COHEN FOUNDATION, INC. FOR AN ADAPTIVE RECREATION CENTER THIS AGREEMENT, is made and executed on this day of , 2017, by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida ("City"), and THE SABRINA COHEN FOUNDATION, INC., d/b/a The Sabrina Cohen Foundation, a Florida not-for-profit corporation, whose principal office is located at 1800 Sunset Harbour Drive, #2406, Miami Beach, Florida, 33139 ("FOUNDATION") (each, a "Party," and collectively, the "Parties"). RECITALS: WHEREAS, since 2015, the City has explored opportunities to provide greater access to the City's beaches to persons living with physical and cognitive disabilities, including through development of a wellness center on City-owned property; and WHEREAS, the City is the owner of certain real property located at and around 5301 Collins Avenue, which includes City Fire Station 3, the parking lot areas east and south of Fire Station 3, Beach View Park, and associated facilities (the "Property"); and WHEREAS, in an effort to provide enhanced recreational programming at Beach View Park and greater access to the City's beaches, the City desires to expand the footprint available for Beach View Park facilities, without reducing any existing Park greenspace, and to use a portion of the Property to provide expanded parks and recreation services to the public, including persons living with physical and cognitive disabilities, seniors living with disabilities, 1 Page 233 of 376 September 20, 2017 DRAFT and able-bodied individuals with temporary injuries; and WHEREAS, the FOUNDATION is a Florida not-for-profit corporation of the State of Florida, that exists as a 501(c)(3) public charity under the Internal Revenue Code, and currently operates a successful adaptive beach day program within the City of Miami Beach, with accessible beach programming at or near Allison Park; and WHEREAS, in view of the limited funding available to the City to support its City-wide parks and recreational needs, the FOUNDATION approached the City with a proposal to provide the necessary funding for the design, development, and construction of a City-owned adaptive recreational facility (hereinafter referred to as the "Adaptive Recreation Center" or "Center") which, once completed, will be used in accordance with this Agreement for the purposes specified herein, with the intent of providing an accessible access point to the beach, and beach programming for persons living with physical and cognitive disabilities, seniors living with disabilities, and able-bodied individuals with temporary injuries; and WHEREAS, on. March 22, 2017, Commissioner Joy Malakoff sponsored a referral to the Finance and Citywide Projects Committee ("Finance Committee"), for discussion of a possible agreement with the FOUNDATION for the Center at the Property; and WHEREAS, on April 17, 2017, the City conducted a community outreach meeting to obtain public input as to the conceptual terms of the FOUNDATION's proposal; and WHEREAS, on April 22, 2017, the Finance Committee discussed the FOUNDATION's proposal for the Center, obtained public input with respect to the FOUNDATION's proposal, and directed the Administration to work with the FOUNDATION to develop an agreement with respect thereto; and WHEREAS, the City and the FOUNDATION prepared an agreement with the proposed terms for the FOUNDATION's funding of the design, development and construction costs for the Center, and management and operation thereof, which was presented to the City Commission 2 Page 234 of 376 September 20, 2017 DRAFT at its July 26, 2017 meeting; and WHEREAS, at the July 26, 2017 City Commission meeting, following public input and discussion, the Mayor and City Commission endorsed the concept for the Center at the Property, and referred the proposed Agreement to the Finance Committee for further review and comment; and WHEREAS, at the July 28, 2017 Finance Committee meeting, the Finance Committee discussed the terms of the proposed Agreement, provided additional direction to the Administration and City Attorney's Office with regard to proposed terms for the Agreement, and provided the public with an additional opportunity to comment on the proposed Agreement; and WHEREAS, at the September 20, 2017 Finance Committee meeting, the Finance Committee considered a revised draft of the proposed Agreement (incorporating the Finance Committee's July 28, 2017 comments, as well as other negotiated terms), heard additional public input and comment, and favorably recommended that the City Commission approve this Agreement; and WHEREAS, following further public input, on , 2017, the City Commission adopted Resolution No. 2017- , and approved this Agreement; and concluded that, subject to the FOUNDATION's obligation to cover the costs for the design, development and construction of the Center, the City is desirous of forging a partnership with FOUNDATION to manage the proposed Center on a portion of the Property, and has deemed that it would be in the City's best interest to utilize FOUNDATION's prior experience in developing adaptive beach programming in Miami Beach. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: SECTION 1. INCORPORATION OF RECITALS. The above recitals are true and correct and are incorporated by reference as if fully set forth herein. 3 Page 235 of 376 September 20, 2017 DRAFT SECTION 2. THE PREMISES; GRANT OF RIGHTS. 2.1. The premises shall consist of a footprint of approximately (but not more than ) 5,000 square feet of land located east of 5301 Collins Avenue, on a portion of the Property described in Exhibit "A," attached hereto, and which shall contain a two-story building of up to a maximum (but no more than) 10,000 sq, ft., with a maximum (but not to exceed) height of twenty four (24) feet, and with the final precise location on the Property to be determined by, and subject to the final approval of, the City Commission, as part of the design development process outlined in Section 6 of this Agreement (the approved location/site of the Center on the Property shall hereinafter be referred to as the "Premises"). 2.2. The City, as of the Possession Date (as defined in Section 3 herein), and provided that the FOUNDATION has (i) raised all of the funds required for the design, development, and construction of the Center, and (ii) timely and satisfactorily complied with all of its obligations pursuant to Sections 4, 5 and 6 of this Agreement, grants to FOUNDATION, and FOUNDATION accepts from the City, this Agreement for the exclusive use, management, coordination, and operation of the Center, for the Term (as defined in Section 3 herein), in conformance with the purposes stated herein, and subject to all the terms and conditions set forth herein. As of the Possession Date, and during the Term, FOUNDATION shall have the primary use and occupation of the Premises and the Center, and shall be responsible for the Center's management, operation, programming, and maintenance. 2.3. As of the Possession Date, FOUNDATION shall accept the Premises and the Center, in their "as is" condition, and, except as specifically provided herein, without any representations or warranties of any kind or nature whatsoever by City as to their respective condition or as to their use or occupancy which may be made thereof. 2,4. At no time shall the Premises or the Center include, nor reduce, any existing Beach View Park greenspace. 4 Page 236 of 376 September 20, 2017 DRAFT SECTION 3. EFFECTIVE DATE; POSSESSION DATE; TERM. 3.1 This Agreement shall be effective on the date it is signed by both Parties ("Effective Date"). 3.2 The term of this Agreement shall commence on the date of issuance of a final certificate of occupancy by the City of Miami Beach Building Department for the Center ("Possession Date"), and shall continue thereafter for a term of nine (9) years (the "Term"). 3.3 Within thirty (30) days after the Possession Date, the City Manager and FOUNDATION shall execute a written memorandum, filed with the City Clerk, for the purpose of memorializing the Possession Date, the date of expiration of the Term, and the use period referenced in Section 5 of this Agreement. SECTION 4. DEVELOPMENT OF ADAPTIVE RECREATION CENTER. 4.1. The FOUNDATION agrees to cover any and all hard and soft costs required for the design, development and construction of the Center including, without limitation, any permit fees or impact fees that may be required, and any and all furniture, fixtures and equipment required to manage and operate the Center for its intended purposes (Collectively, all such design, development, and construction costs shall be hereinafter referred to as the "Project Costs"). 4.2. THE FOUNDATION ACKNOWLEDGES THAT THE CITY HAS NOT IDENTIFIED OR APPROPRIATED ANY CITY (OR OTHER) FUNDS FOR THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF THE CENTER, OR FOR ANY PROGRAMMING, MANAGEMENT OR OPERATION COSTS AT THE CENTER. THE FOUNDATION FURTHER ACKNOWLEDGES AND AGREES THAT BY ENTERING INTO THIS AGREEMENT, THE CITY SHALL HAVE NO OBLIGATION TO CONTRIBUTE ANY FUNDS FOR THE PROJECT COSTS, OR FOR ANY PROGRAMMING, MANAGEMENT OR OPERATION COSTS. ANY CITY FUNDING COMMITMENTS WITH RESPECT THERETO SHALL REQUIRE PRIOR CITY 5 Page 237 of 376 September 20, 2017 DRAFT COMMISSION APPROVAL, WHICH APPROVAL, IF GIVEN AT ALL, SHALL BE AT THE CITY COMMISSION'S SOLE DISCRETION. 4.3. In order to permit the FOUNDATION time to engage in the necessary fundraising, the City will not use the Premises or dedicate the Premises for any purpose other than its current use as a municipal surface parking lot, for the period of time provided in Section 7 hereof (during which time, the FOUNDATION shall be required to actively raise the necessary funds to cover the Project Costs). 4.4. Any funds the City accepts from the FOUNDATION for the Center shall be used exclusively to support the design, development and construction of the Center. Any donations transferred by the FOUNDATION to the City for the Center (the "Project Donations") shall be accounted for separately, in a restricted special revenue fund, and used solely by the City for payment of Project Costs. 4.5. The Parties acknowledge and agree that the Premises and Center shall be owned by the City, as a parks and recreation building under the auspices of the City's Parks and Recreation Department. At all times, City shall retain ownership of the Premises and the Center. With respect to furniture, fixtures and equipment, the FOUNDATION shall own any furniture, non-permanent fixtures, and equipment that is paid for with FOUNDATION funds. The City shall own all permanent fixtures, as well as any equipment, non-permanent fixtures and furniture paid for by the City, if any, as part of the City's Parks and Recreation Department asset inventory. 4.6. The City's Office of Grants Administration shall meet and work with the FOUNDATION in good faith to identify potential grant opportunities that may be available to either the City, the FOUNDATION, or both, in support of the design, development, and construction of the Center. The FOUNDATION shall otherwise be responsible for applying for any grants in support of the Center. With respect to grant opportunities that may only be 6 Page 238 of 376 September 20, 2017 DRAFT available to the City (in its capacity as a public entity), the City, in good faith, may, at its sole discretion, apply for such grants, provided that the City shall have no obligation to apply for grants that require a City funding match, unless such grant application is approved by the City Commission, and which approval shall be at the City Commission's sole discretion. Except as otherwise stated above, City's sole obligation pursuant to this subsection shall be to meet with the FOUNDATION to assist in identifying potential grant opportunities for the FOUNDATION to follow-up on, at its discretion. 4.7. The FOUNDATION agrees that, as part of its fundraising efforts, it will not accept any donation, grant, or other funds for the design, development or construction of the Center that contains any restriction or imposes any requirements on the City (other than the general restriction that any donation, grant, or other funds be applied for the design, development or construction of the Center); and, specifically, the FOUNDATION shall not accept any donation, grant or other funds that include, without limitation, any requirement of specific programming at the Center, any requirement that would involve the expenditure of public funds, or any limitation with respect to the City's selection of any manager/operator for the Center. All donations, grants, or other funding that require any interior or exterior naming rights shall be subject to the provisions of this Agreement, including Section 16 hereof, and the City's Naming Ordinance, as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code, as may be amended from time to time. The City's intent with respect to the foregoing is not to restrict the FOUNDATION's fundraising efforts, but rather to ensure that any funds transferred to the City for the design, development, and construction of the Center are strictly for the Project Costs, and do not include any additional use restrictions or other commitments that the City Commission has not previously approved. SECTION 5. APPROVED PERMITTED USES OF THE ADAPTIVE RECREATION CENTER. 5.1. The City agrees that following the issuance of a final certificate of occupancy for 7 Page 239 of 376 September 20, 2017 DRAFT the Center, the Center shall be used solely (i) as an adaptive recreation center serving persons living with physical and cognitive disabilities, seniors living with disabilities, and able-bodied individuals with temporary injuries; and (ii) for ancillary uses reasonably or logically connected thereto (such ancillary uses including, without limitation, strength, conditioning, cardio, resistance training, yoga, meditation, art and music classes, wellness programs or related activities, charitable fundraisers, specialty sales [such as sunscreen lotion, towels, and the like], and the sale of food and non-alcoholic beverages), as well as supporting beach access and connectivity programs including, without limitation, adaptive surf and scuba, shoreline flotation and swimming programming (together, the uses in Section 5.1(i) and 5.1(ii) shall be defined as, and may hereinafter be referred to as, the "Approved Uses"). The Premises shall be used by FOUNDATION solely and exclusively for the Approved Uses, or such other uses as may be approved by the City Commission, as set forth in Section 5.2 below, and for no other purposes or uses whatsoever. 5.2, In the event that the FOUNDATION seeks to use the Premises for any use other than the Approved. Uses, the FOUNDATION shall notify the City Manager of the proposed new use, in writing. If the City Manager determines that the proposed new use is not reasonably or logically connected to the Approved Uses, then each such proposed new use shall be subject to the prior written approval of the City Commission, which approval, if given at all, shall be at the City Commission's sole discretion, and which shall be memorialized as an amendment to this Agreement. 5.3. In no event shall the Center be used as a hall for hire, banquet hall, or similar third-party venue rental, or for the sale of alcoholic beverages (provided, however, that the FOUNDATION may serve alcoholic beverages at charitable fund-raisers at the Premises from time to time). 8 Page 240 of 376 September 20, 2017 DRAFT 5.4. If the FOUNDATION uses the Premises or the Center for any purposes and/or uses not expressly approved in Section 5 herein, such use shall be considered a default under this Agreement and the City shall be entitled to all remedies, including termination of this Agreement (upon expiration of the applicable notice and cure period), as set forth in Section 27 herein. In addition, notwithstanding any other terms of this Agreement, the City shall be entitled to seek immediate relief, whether at law or equity, to restrain such improper use(s). 5.5. If at any time during the Term, the FOUNDATION or any successor organization is not able to cover the operating, maintenance and programming costs for the Center, in the manner as contemplated herein, the City shall use good faith efforts to seek another qualified vendor to assume the maintenance and programming obligations described herein and, in the event that the City is unable to secure an agreement with another qualified vendor, the City shall assume control of the Center and shall use the Center for the most closely-related Parks Department purposes, as determined by the City Commission in its reasonable discretion, provided, however, that the Center building shall continue to serve as an accessible entry point to the beach. In determining the most "closely related" Parks Department purposes, the Parties agree that the City may use the Center for Parks Department programming, such as providing general wellness or recreational programming, in combination with beach accessibility (which may be satisfied, without limitation and by way of example only, by making available electric beach chairs at the Premises, and providing space within the Center for persons to temporarily store their wheelchairs while the electric beach chairs are in use). 5.6. Following the Possession Date, and for a period of forty (40) years thereafter, the City agrees that the Center building shall be used for the benefit of the public, for the Approved Uses and purposes as provided herein, pursuant to Sections 5.1 through 5.5 of this Agreement. 5.7. The provisions of this Section 5 shall specifically survive termination of this Agreement. 9 Page 241 of 376 September 20, 2017 DRAFT SECTION 6. PROJECT ADMINISTRATION AND BUDGET FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF ADAPTIVE RECREATION CENTER. 6,1. The budget of the Project Costs for the design, development, and construction of the Center shall be subject to the mutual agreement of the City and the FOUNDATION, and subject to final approval by the City Commission. The budget shall include a 10% contingency for the City to cover unforeseen circumstances and Project Costs, and the Center will be designed to this budget. 6.2. The design, development, and construction of the Center shall be administered as a City project in accordance with all City procurement and applicable laws, including, without limitation, LEED certification requirements, and the budget for the Center shall reflect such requirements. The City shall be responsible for entering into the contract with the architect- engineer, the construction contractor, and any ancillary professionals or other vendors required to complete the Center and related improvements, and the City's Capital Improvements Office shall serve as the contract administrator. Once the budget for the Project Costs is established, the FOUNDATION and City shall finalize the project schedule, outlining proposed timeframes for FOUNDATION's fund-raising efforts (based on the milestones set forth in Section 7 of this Agreement), and timeframes for the completion of Project-related deliverables. a. No later than six (6) months following the Effective Date, the FOUNDATION, at its sole cost and expense, shall submit to the City Manager a preliminary draft concept design, and a proposed operating plan, with sufficient detail to enable the City to accurately estimate the Project Costs, including construction costs, FF&E costs, and the operation and maintenance costs of the Center ("Draft Concept Plan"). The Draft Concept Plan shall, at a minimum, include details with respect to the proposed design for the Center, including layout and siting, preliminary elevations, size of building footprint, height, and other improvements and appurtenances proposed upon the Premises. Upon the FOUNDATION's 10 Page 242 of 376 September 20, 2017 DRAFT submission of the Draft Concept Plan to the City Manager, the City Manager shall have sixty (60) days to review and provide the FOUNDATION with any comments thereto, including comments with respect to a preliminary estimate of Project Costs. b. Following the City Manager's review of the Draft Concept Plan and development of a preliminary estimate of the Project Costs, as outlined in this Section 6, the FOUNDATION may submit and seek City Commission approval of two (2) versions of its concept design, including: (i) a base concept design, with a proposed design and scope sufficient to meet the intended purposes of the Center (the "Base Concept Design"); and (ii) an enhanced concept design, with additional design features or components that may be included if the FOUNDATION exceeds its fund-raising goals ("Enhanced Concept Design") (collectively, the Base Concept Design and the Enhanced Concept Design shall be referred to herein as the "Concept Plan"). At a minimum, the Concept Plan shall include landscaped, vegetative "green" roof elements, and shall ensure that no public access to the City's beach is blocked. In considering the FOUNDATION's proposed Concept Plan, the City Commission shall also consider the City Manager's comments or recommendations, if any, with respect to the proposed Concept Plan. c. The Concept Plan shall be subject to approval by the Mayor and City Commission at a regularly noticed meeting, which approval shall not be unreasonably withheld. Should the City Commission decline to approve the Concept Plan, the City Commission may either grant the FOUNDATION additional time to submit a revised Concept Plan for its consideration, or the Commission may terminate this Agreement, at its sole discretion. In the event of termination of this Agreement pursuant to this subsection, each Party shall bear its own costs and expenses incurred in connection with this Agreement, and, except as otherwise stated in this Agreement, neither Party shall have any further liability to the other. 6.3. The design documents, including plans and specifications, for the Center, shall 11 Page 243 of 376 September 20, 2017 DRAFT be developed consistent with the approved Concept Plan. During the design development period, the FOUNDATION agrees to provide City with input with respect to design development. The City agrees to provide full consideration to the FOUNDATION's input, particularly with respect to aspects of the design that may enhance the use of the Premises for its intended accessibility-related purposes. All design documents, plans and specifications shall be subject to City Manager's final approval, and all applicable governmental requirements, including regulatory approval by the Historic Preservation Board and agencies having jurisdiction over the Premises. 6.4. As part of the design development process, the City shall require the architect/engineer to provide an updated estimate of the construction costs, and the estimate of total Project Costs shall be adjusted accordingly, with the budget for the Center to be subject to City Commission approval. In the event the estimates to design/construct the Facility exceed available funds, or in the event cost overruns with respect to the Project Costs are anticipated or experienced during the construction of the Center, the City and the FOUNDATION shall work together to either identify additional funds or adjust the project scope, as necessary. Except for the expenditure of the funds received from the FOUNDATION for the Center, City shall have no obligation to expend any funds to design, construct, equip or operate the Center. In the event the Center and related improvements are developed, designed and constructed for less than the amounts contributed by the FOUNDATION for Project Costs, then any unused Project Donations shall be returned to the FOUNDATION within 60 days following (i) the issuance of a Certificate of Occupancy and (ii) receipt of a certificate of final payment/release of all claims from the construction contractor. 6.5. The City Manager, at his or her discretion, may request the participation of a FOUNDATION representative on the evaluation committee for the architect/engineer or contractor for the project. 12 Page 244 of 376 September 20, 2017 DRAFT SECTION 7. MILESTONES 7.1 The initial milestones for the project are as follows: a. No later than six (6) months following the Effective Date, the FOUNDATION shall submit to the City Manager the Draft Concept Plan. b. The FOUNDATION commits to the following fundraising schedule and deadlines, based on the estimated budget of Project Costs for the Base Concept Design: (1) 25% of Project Costs raised (in cash, donation pledges and grant commitments) within twelve (12) months following the City Commission's approval of the Concept Plan; (ii) 50% of Project Costs raised (in cash, donation pledges and grant commitments) within twenty-four (24) months following the City Commission's approval of the Concept Plan; and (iii) 100% of Project Costs raised (in cash, donation pledges and grant commitments) within thirty-six (36) months following the City Commission's approval of the Concept Plan. 7.2 The City shall not enter into any binding agreement with an architect/engineer'for the design of the Center until all of the following events have occurred: a. the FOUNDATION has transferred the funds sufficient to cover the total contract amount for architectural/engineering fees; and b. the FOUNDATION has evidenced to the City's Financial Officer that it has received total donation pledges or grant commitments in an amount sufficient to cover the remaining Project Costs, and that such pledges and commitments are anticipated to be fulfilled within nine (9) months following execution of the agreement between City and the architect/engineer; and 13 Page 245 of 376 September 20, 2017 DRAFT c. any naming rights associated with donations or grants are approved pursuant to Section 16 herein and the City's Naming Ordinance, but only if such donation is (i) contingent upon naming rights being conferred, and (ii) if the amount of the donation is required for purposes of covering the total contract amount for architectural and engineering services for the Center. d. The City's agreement with the architect for the Center shall be subject to the City Commission's prior approval. e. City will initiate the design solicitation process to select the architect/engineer for the project, as referenced herein, within ninety (90) days following the FOUNDATION's transfer of the funds required for design (currently estimated to be $500,000), and satisfaction of the requirements of this Section 7.2 (and subsections thereof). 7.3 The City shall not enter into a binding agreement with a construction contractor for the Center until such time as all of the following events have occurred: a. the FOUNDATION transfers the funds sufficient to cover the total estimated construction costs, and b. any naming rights associated with donations or grants are approved pursuant to Section 16 herein and the City's Naming Ordinance, but only if such donation is (i) contingent upon naming rights being conferred, and (ii) if the amount of the donation is required for purposes of covering the total contract amount for the construction of the Center. c. The City's agreement with the contractor for the Center shall be subject to the City Commission's prior approval. d. City will initiate the construction bid process to select the contractor for the project, as referenced herein, on the later of (i) the date of completion of design; and ninety (90) days after the FOUNDATION has transferred the funds required for construction (currently estimated to be $4 million) and satisfied the requirements of this Section 7.3 (and subsections 14 Page 246 of 376 September 20, 2017 DRAFT thereof). 7.4 As provided in Section 29.4 of this Agreement, the City may terminate this Agreement for its convenience if the FOUNDATION has not contributed the total Project Costs to the City within three (3) years following the City Commission's approval of the Concept Plan, or if the FOUNDATION has not met any of the fund-raising milestones set forth in this Section 7 of this Agreement. Prior to exercising its right to terminate this Agreement for failure to achieve any of the fund-raising milestones provided in this Section 7, the City, through its City Manager, shall first provide the FOUNDATION with advance written notice of the City's intent to terminate the Agreement for failure to achieve a fund-raising milestone, and a thirty (30) day opportunity to cure the fund-raising deficiency. 7.5 In the event the FOUNDATION and City agree upon a final Project budget in an amount other than $4.5 million, the milestone amounts identified in this Section 7 shall be adjusted on a proportionate basis. SECTION 8. OPERATION AND MANAGEMENT OF THE ADAPTIVE RECREATION CENTER. 8.1. From and after the Possession Date, and subject to the Approved Uses in Section 5 (as same may be amended from time to time), and the terms, limitations and required approvals contained in this Agreement, FOUNDATION is authorized and required, and shall have the exclusive right to: a. Manage and direct the Center and coordinate and supervise all Approved Uses thereof at the Premises; b. Maintain and provide for the day-to-day maintenance and housekeeping for the Premises; c. Supervise and direct all Center employees and personnel consistent with the provisions of this Agreement; 15 Page 247 of 376 September 20, 2017 DRAFT d. Maintain and supervise detailed, accurate and complete financial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles. All financial records maintained pursuant to this Agreement shall be retained by FOUNDATION as long as such records are required to be retained pursuant to Florida Public Records Law, and shall be made available upon reasonable notice by the City; e. Develop and implement programs and activities which support and promote the goals and priorities and Approved Uses, as set forth in Section 5; and f. Coordinate with the City for such public use of the Premises by the City, as set forth in Section 12.2 of the Agreement, which coordination and cooperation shall not be unreasonably withheld. Such public uses of the Premises by the City shall be conducted pursuant to policies and procedures, which shall be established and mutually agreed upon by FOUNDATION and the City, within six (6) months ofthe Effective Date.. 8.2. Opening Date. The FOUNDATION shall commence operations pursuant to this Agreement and shall open the Center to the general public within thirty (30) days following the Possession Date. 8.3. Hours of Operation. The City and FOUNDATION herein agree that the hours of operation for the Premises shall not exceed 8:00 AM to 9:00 PM, Monday through Sunday, with the final normal operating hours (within the parameters set forth herein) to be determined on mutual agreement of the City and FOUNDATION. The parties recognize and acknowledge that, under certain circumstances (e.g., community events, special programming, etc.), FOUNDATION will be permitted to extend its hours of operation, but in no event shall said hours be shortened without the prior written approval of the City Manager or his designee, which approval shall not be unreasonably withheld. 8.4. High Impact Citywide Events. Upon notice by the City Manager or his or her designee, the FOUNDATION agrees to close the Center for a maximum of fourteen (14) days 16 Page 248 of 376 September 20, 2017 DRAFT per year, to accommodate City's parking needs during Citywide special events (such as the annual boat show). The City shall provide the Foundation with at least fourteen (14) days advance written notice, for the FOUNDATION to close the Center for a special event pursuant to this Section. SECTION 9. REVENUE FROM ADAPTIVE RECREATION CENTER RELATED ACTIVITIES/FINANCIAL RECORDS AND REPORTS. 9.1 Revenue from Premises-Related Activities. The City herein acknowledges that FOUNDATION may derive revenues from a portion of the uses it conducts at the Center, including, but not limited to, classes, wellness programs or related activities, charitable fundraisers for the FOUNDATION or Center, specialty sales (such as sunscreen lotion, towels, Foundation-related merchandise, and the like), and the sale of food and non-alcoholic beverages. FOUNDATION herein acknowledges that all revenue generating uses conducted upon or from the Premises must be directly related to, consistent with, or used to help fund FOUNDATION's management, operation, and maintenance of the Premises and Center and, in the event that revenue(s) pertaining to the Premises exceed expenses during an annual accounting period, the City and FOUNDATION agree that such excess, if any, may also be applied by FOUNDATION to support the programming of FOUNDATION. Any revenue- generating uses conducted upon or from the Premises that are not consistent with the uses in this subsection, shall first be approved, in writing, by the City Manager or his designee, prior to commencement of same. 9.2 • Financial Records and Reports. FOUNDATION shall keep on the Premises, or such other place within Miami Dade County, Florida, as approved by the City, true, accurate, and complete records and accounts of all receipts and expenses for any and all uses, services, programs, events, activities, and/or revenue generating activities/operations being conducted and/or transacted upon or from the Premises pursuant to this Agreement and shall give the City, or its designated representative, access during reasonable business hours to examine and audit 17 Page 249 of 376 September 20, 2017 DRAFT such records and accounts. Throughout the term of this Agreement, no later than one hundred and twenty (120) days following the closing of FOUNDATION's fiscal year (October 1st — September 30th, which is also the City's fiscal year), FOUNDATION shall provide the City Manager or his designee, with an annual report of all activities and/or operations conducted pursuant to this Agreement for the prior year, along with audited financial statements. Said statements shall be certified as true, accurate and complete by FOUNDATION and by its certified public accountant. SECTION 10. ANNUAL BUDGET AND FUNDING FOR THE ADAPTIVE RECREATION CENTER. 10.1 THIS AGREEMENT IS MADE WITH THE EXPRESS CONSIDERATION, UNDERSTANDING AND AGREEMENT THAT THE FOUNDATION SHALL BE RESPONSIBLE FOR, AND WILL CONTRIBUTE THE FUNDS REQUIRED TO, DESIGN, DEVELOP, CONSTRUCT AND THEREAFTER OPERATE, MANAGE AND PROGRAM THE CENTER. FOUNDATION FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT THE CITY SHALL IN NO WAY BE OBLIGATED TO SUPPLEMENT AND/OR OTHERWISE CONTRIBUTE ANY FUNDS FOR FOUNDATION'S DAY-TO-DAY OPERATION, MAINTENANCE AND/OR PROGRAMMING. 10.2 Annual Budget for the Adaptive Recreation Center. Throughout the Term of this Agreement, FOUNDATION shall prepare and present, by July 1st of each City fiscal year (October 1 - September 30th), a proposed, detailed line item annual operating budget for the Center, for review and approval by the City Manager and/or his designee, which approval shall not be unreasonably withheld. Said budget shall include a projected income and expense statement; projected year end balance sheet; statement of projected income sources; and application of funds. Additionally, the budget shall also include, but not be limited to, the following detailed projections: 18 Page 250 of 376 September 20, 2017 DRAFT a. Gross revenues by categories from all revenue sources and revenue generating activities derived from the Center; b. Operating expenses of the Center; c. Administrative, labor and general expenses; d. Marketing, advertising and promotion expenses; e. Utility costs; f. Regular repairs and maintenance costs (to the extent such repairs and maintenance are the responsibility of FOUNDATION, as provided herein); and g. In addition to subsection (f) above, identify for the City, such long term capital repairs and maintenance of facility infrastructure (which the City is responsible for, as provided herein); in conjunction with this subsection (f) FOUNDATION agrees to allow the City and/or its designee access to the Premises, as the City may deem necessary for the purpose of the City conducting its own facility assessment methodology (as is used by the City in assessing the condition of other City-owned structures). 10.3 Programmatic Plan. Accompanying FOUNDATION's proposed annual budget shall be the Center programmatic plan for the upcoming fiscal year, detailing the then-known (planned) activities, events, and operations, and the number of users anticipated. The annual programmatic plan, including, without limitation, with respect to proposed events at the Center, shall also be subject to the City Manager's or his designee's review and approval, which approval shall not be unreasonably withheld. SECTION 11. MAINTENANCE, REPAIRS, AND ALTERATIONS. 11.1 General Maintenance and Repair. FOUNDATION agrees to maintain the Center, and every part thereof, in good condition during the term of the Agreement, including the plumbing, doors and windows, and will not suffer or permit any strip or waste of the Center. Except as expressly provided in this Agreement, it is understood by the parties hereto that FOUNDATION shall not be responsible to pay for any costs related to capital repairs or other improvements or infrastructure that may be required after the Possession Date (i.e. including, but not limited to, roof, structural elements and infrastructure, HVAC, plumbing and sewer lines, 19 Page 251 of 376 September 20, 2017 DRAFT major electrical, and similar capital improvements) for the Center or the Premises, or repairs, if any, that may be required to correct any construction-related deficiencies performed by any City contractors. Notwithstanding the preceding sentence, FOUNDATION shall provide the City with prompt notice of needed capital and/or infrastructure repairs that are deemed to be required, and the City shall have a reasonable time thereafter to commence said repairs, at City's cost and expense. 11.2 Day to Day Maintenance. FOUNDATION shall, at its sole cost and expense, to the satisfaction of the City, keep, maintain, and repair the Center, and all improvements, fixtures, and equipment thereon (except for those items the City is responsible for as set forth in subsection 11.1 above), in good, clean, and sanitary order. FOUNDATION assumes sole responsibility and expense for day to day housekeeping, janitorial services, and routine maintenance of the interior of the Center, and all improvements, fixtures, and equipment thereon. This shall include, without limitation, daily removal of litter, garbage and debris generated by FOUNDATION's use of the Center, including all garbage disposal generated by its operations and activities. At City's option, FOUNDATION shall be required to obtain, and continuously maintain in good standing, at its expense, throughout the Term, a maintenance and repair contract, approved by the City Manager or his designee, providing for the preventative maintenance and repair of all air conditioning units servicing the Premises. FOUNDATION shall comply with all applicable State, Miami-Dade County, and City laws, codes, rulesor other governmental requirements with regard to its obligations under this Section. 11.3 Alterations. In the event that FOUNDATION desires or deems it appropriate to make alterations, additions, or improvements to the Center after the Possession Date, it will submit plans for same to the City, for the prior written approval of the City Manager or his designee. No such alterations, improvements, or additions shall be made without the express 20 Page 252 of 376 September 20, 2017 DRAFT written approval of the City Manager and, if approved, shall be made at FOUNDATION's sole cost and expense, and shall become the property of the City upon termination of this Agreement. FOUNDATION shall not have the right to create or permit the creation of any lien attaching to the City's interest in the Center or the Premises as a result of any such alterations, improvements, or additions. 11.4 Labor/Personnel/Materials/Equipment/Furnishings. FOUNDATION must provide and maintain, at its sole cost and expense, all labor, personnel, materials, equipment, and furnishings, as reasonably required, to operate the Center as an adaptive recreation center, in accordance with the Approved Uses set forth in Section 5 hereof. In the event any materials, equipment, and/or furnishings are lost, stolen, or damaged, they shall be promptly replaced or repaired (funding permitting) at the sole cost and expense of the FOUNDATION. 11.5 Orderly Operation. FOUNDATION shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the Center. There shall be no living quarters nor shall anyone be permitted to live within the Center. FOUNDATION shall make the Center available for inspection during hours of operation by the City Manager or his authorized representative(s). 11.6 Security. FOUNDATION shall be responsible for and provide reasonable security measures which may be required to protect the Center and any of the materials, equipment, and furnishings thereon. Under no circumstances shall the City be responsible for any stolen or damaged materials, equipment, and furnishings, nor shall the City be responsible for any stolen or damaged personal property of FOUNDATION's employees, contractors, patrons, guests, invitees, and/or other third parties. SECTION 12. ANNUAL REPORTS FOR USE OF PREMISES/CITY USE OF PREMISES. 12.1 FOUNDATION shall provide an annual written report of the activities and events scheduled in and pertaining to the Center and, with each such report, shall report on the 21 Page 253 of 376 September 20, 2017 DRAFT activities which actually occurred and the approximate number of persons participating in those activities during the previousyear. Any revenue-generating activity(ies) conducted upon or from the Center must be in accordance with those provided in Section 9 of this Agreement (or, otherwise approved by the City in accordance therein). All revenues received by FOUNDATION in connection with uses conducted upon or from the Center shall be dedicated exclusively to help fund FOUNDATION's management, operation, and maintenance of the Center. In the event that revenue(s) pertaining to the Center exceed expenses during an annual accounting period, the City and FOUNDATION agree that such excess, if any, shall first be applied to provide for the programming and Approved Uses of the Center intended for the next fiscal year, then to offset any contributions previously made by the City (other than capital improvements as described in Section 11 of this Agreement), if any, and may then be applied by FOUNDATION to support the general programming of FOUNDATION. For purposes herein, "revenues" shall also be deemed to include public/private grant funding, and unrestricted donations and contributions received by FOUNDATION specifically ear-marked toward the operation, management and programming of the Center. No portion of the net earnings resulting from the activities of FOUNDATION at the Center shall inure to the benefit of any private individual. 12.2 As provided in Section 5.3 of the Agreement, in no event shall the Center be used as a hall for hire, banquet hall, or similar third-party venue rental, or for the sale of alcoholic beverages (provided, however, that the FOUNDATION may serve alcoholic beverages at charitable fund-raisers or community events at the Center from time to time). 12.3 Notwithstanding the foregoing, the City Manager or his designee, shall have the absolute and final authority in overseeing FOUNDATION's activities with regard to this Agreement and its operation and management of the Center, such that the City is assured that the Center is being operated and utilized in accordance with the terms of this Agreement. 12.4 Use by the City. FOUNDATION and the City have agreed that the Center may be 22 Page 254 of 376 September 20, 2017 DRAFT used by the City for wellness or other programming consistent with the Approved Uses and the requirements of Section 5. Consistent with this, the City shall have the right to use the Center, subject to availability, without the payment of any rental or use fee, except that direct out-of- pocket expenses incurred in connection with such uses (including reasonable expenses incurred by FOUNDATION in order to open and make the Premises available in connection with a City use thereof) shall be paid by the City. FOUNDATION and the City agree to develop mutually acceptable guidelines (such as advance notice requirements for any City use, to permit City's use of the Premises, in accordance with the terms herein, in a manner that does not unduly disrupt the FOUNDATION's operations or programming). SECTION 13. ASSIGNMENT. FOUNDATION may not assign this Agreement, or any part thereof, without the prior written approval of the City Commission, which approval shall be given, if at all, at the sole discretion of the City Commission. Any assignment made in violation of this Section 13 shall be null and void. This Agreement is made with the understanding that FOUNDATION shall at all times, throughout the term of this Agreement, remain a not-for-profit exempt corporation under the Internal Revenue Code. This Agreement shall automatically terminate in the event the Internal Revenue Service revokes the FOUNDATION's exempt public charity status. SECTION 14. USE OF THE ADAPTIVE RECREATION CENTER IS PRIMARY. The Center and the Premises shall exist for the use of the public, for the Approved Uses consistent with Section 5 and the terms of this Agreement, and the public's right to such use shall not be infringed upon by any act of the FOUNDATION or any third-party. SECTION 15. PERMITS; LICENSES; UTILITIES, TAXES; ASSESSMENTS. 15.1 Licenses, Permits, Compliance with Laws. FOUNDATION shall pay any fees imposed by law for licenses or permits for any uses or activities of FOUNDATION upon the Center or under this Agreement. The FOUNDATION agrees to comply with all laws, ordinances, 23 Page 255 of 376 September 20, 2017 DRAFT rules and governmental requirements that may be applicable to its performance under this Agreement, including, without limitation, laws or governmental requirements now in force or hereafter to be adopted by the City, Miami-Dade County, the State of Florida, and the U.S. Government. 15.2 Utilities. The FOUNDATION shall pay to the City, before delinquency any and all charges for utilities at or on the Center (including, but not limited to, water, electricity, gas, heating, cooling, sewer and telephone, trash collection, and other expenses associated with the operation of the Premises). 15.3 Procedure If Taxes Assessed. FOUNDATION agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon the Center or the Premises by reason of this Agreement, or by reason of the business or other activities of FOUNDATION upon or in connection with the Center or the Premises. The Parties agree that the operation and uses of the Center and the Premises and those operations and uses convenient and necessary therefore, are for public purposes and, therefore, no ad valorem taxes should be assessed by the Miami-Dade County Tax Appraiser. If, however, said taxes are assessed by said Property Tax Appraiser, FOUNDATION shall be responsible for payment of same. SECTION 16. SIGNAGE; NAMING RIGHTS 16,1 FOUNDATION shall provide, at its sole cost and expense, required signs at all public approaches to the Center, as determined by FOUNDATION in its reasonable discretion, said signage containing substantially the following language: 1 OPERATED BY THE SABRINA COHEN FOUNDATION 16.2 The FOUNDATION shall have the right to erect interior signage, including, without limitation, temporary interior signage (such as banners, which shall be subject to the 24 Page 256 of 376 September 20, 2017 DRAFT City Manager's or designee's prior written approval which will not be unreasonably withheld) and exterior signage; provided, however, that in the case of permanent interior or exterior signage, the names affixed thereon (including, without limitation, any sponsor names) shall be subject to approval as required by the City's Naming Ordinance, as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code, as may be amended from time to time. 16.3 In no event may any interior or exterior signage include the names of any company selling the following types of products: guns, tobacco, alcohol, gambling, and medical marijuana. 16.4 All advertising, signage and postings shall be approved by the City and shall be subject to all applicable planning and zoning requirements of the City. SECTION 17. FORCE MAJEURE. 17.1 The performance of any act by FOUNDATION or the City hereunder may be delayed or suspended at any time while, but only so long as, either Party is hindered in or prevented from performance by acts of God (including, without limitation, hurricanes), the elements of war, rebellion, strikes, lockouts, fire, explosion or any other casualty or occurrence not due to FOUNDATION's or City's negligence and beyond the reasonable control of the Parties. 17.2 Premises Unusable. In the event a Force Majeure renders the Center or the Premises untenantable, in whole or in part, as determined by City, the City may, at its sole option and discretion: (i) elect, as soon as practicable, to utilize the insurance proceeds to repair the damaged property; or (ii) elect not to repair or restore the damaged property and, in such event (and provided further that FOUNDATION does not elect, and/or does not comply with the procedures for FOUNDATION's repair of the Center using its own funds), this Agreement shall be terminated as of the date of said occurrence of damage or casualty. Notwithstanding the 25 Page 257 of 376 September 20, 2017 DRAFT preceding sentence, in the event the (a) City elects not to restore or repair the damage; (b) FOUNDATION gives written notice to the City within sixty (60) days of the casualty that FOUNDATION is willing to undertake the repair the damage with its own or other available funds; (c) within twelve (12) months following such notice, FOUNDATION proves, to the City's sole satisfaction and discretion, that it has adequate funds immediately available to undertake the repair; and (d) the City and FOUNDATION, each acting in its reasonable discretion, agree within a reasonable time (but not to exceed six (6) months unless otherwise extended in writing by City Manager) after the City deems that FOUNDATION has demonstrated that it has adequate funds to undertake the repair, to the conditions, timing, plans, procedures, contractors, subcontractors, disbursement mechanisms and other matters with respect to the repair, then and in that event, FOUNDATION shall be entitled to effect the repair with its own funds; provided that FOUNDATION must complete any and all repairs and/or restoration no later than eighteen (18) months from the date of the City's approval of FOUNDATION's funding capability. SECTION 18. INSPECTION. FOUNDATION agrees that the Center may be inspected at any time upon reasonable notice by authorized representatives of the City, or by any other State, County, Federal and/or municipal officer or agency having responsibilities for inspections of such operations and/or Center. FOUNDATION agrees to promptly undertake the correction of any deficiency cited by such inspectors on the Center, which is properly the responsibility of FOUNDATION pursuant to this Agreement. The City agrees to promptly undertake the correction of any deficiency cited by such inspectors on the Center, which is properly the responsibility of the City pursuant to this Agreement. The City Manager or his designated representatives shall have the right to enter upon the Center at all reasonable times to examine the condition and use thereof; (including, without 26 Page 258 of 376 September 20, 2017 DRAFT limitation, for the purpose of assessing the condition of the facility, as also referenced in subsection 10.2(g), provided, only, that such right shall be exercised in such manner so as not to interfere with FOUNDATION in the conduct of FOUNDATION's activities on the Center; and if the Center is damaged by fire, windstorm or by other casualty that causes the Center to be exposed to the elements, then the City may enter upon the Center to make emergency repairs; but if the City exercises its option to make emergency repairs, such act or acts shall not be deemed to excuse FOUNDATION from his obligation to keep the Center in repair. If City makes any emergency repairs pursuant to the terms hereof, FOUNDATION shall reimburse the City for all such repairs, to the extent said repairs are the obligation of the FOUNDATION under the terms of this Agreement, upon receipt by FOUNDATION of City's notice of repairs made and statement and proof of costs incurred, SECTION 19. WAIVER OF INTERFERENCE. FOUNDATION hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with its operation and management of the Center by any public agency or official as a result of their enforcement of any laws or ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve FOUNDATION from any obligation hereunder. SECTION 20. INSURANCE. FOUNDATION shall maintain, at FOUNDATION's sole cost and expense, the following types of insurance coverage at all times throughout the Term of this Agreement: a. General liability insurance with not less than the following limits: General aggregate $2,000,000 Personal and advertising (injury) $1,000,000 (Per occurrence) $1,000,000 Fire damage $ 100,000 27 Page 259 of 376 September 20, 2017 DRAFT Medical Expense $ 5,000 b. Workers Compensation Insurance shall be required under the Laws of the State of Florida. c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits (only if FOUNDATION provides transportation services): Bodily Injury $1,000,000 per person Bodily Injury $1,000,000 per accident Property Damage $ 500,000 per accident d. Property Insurance (fire, windstorm, other perils) shall be the responsibility of the City in an amount not less than the final total Project Costs. The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days written notice to City and then subject to the prior written approval of City. FOUNDATION shall provide City with a Certificate of Insurance for each such policy, which shall name the City as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. Should FOUNDATION fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by FOUNDATION to City. SECTION 21. INDEMNIFICATION. 21.1 FOUNDATION shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature to the extent arising out of any error, omission, or negligent act of FOUNDATION, 28 Page 260 of 376 September 20, 2017 DRAFT its agents, servants or employees in connection with the performance of the FOUNDATION's obligations under this Agreement. 21.2 In addition, FOUNDATION shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of FOUNDATION not included in subsection 21.1 above and for which the City, its agents, servants or employees are alleged to be liable. This subsection shall not apply, however, to any such liability as may be the result of the gross negligence or willful misconduct of the City, its agents, servants or employees. 21.3 Subrogation. The terms of insurance policies referred to in Section 20 shall preclude subrogation claims against FOUNDATION, the City and their respective officers, employees and agents. 21.4 The provisions of this Section 21 shall survive the termination and/or expiration of this Agreement. SECTION 22. NO LIENS. FOUNDATION agrees that it will not suffer, or through its actions or anyone under its control or supervision, cause to be filed upon the Center or the Premises any lien or encumbrance of any kind. In the event any lien is filed, FOUNDATION agrees to cause such lien to be discharged within thirty (30) days of reciept of notice from the City concerning the subject lien, and in accordance with the applicable law. If this is not accomplished, the City may automatically terminate this Agreement, without further notice to FOUNDATION. SECTION 23. FOUNDATION EMPLOYEES AND MANAGERS. 23.1 The City and FOUNDATION recognize that in the performance of this Agreement, it shall be necessary for FOUNDATION to retain qualified individuals to effectuate and optimize FOUNDATION's management and operation of the Center. FOUNDATION shall conduct background checks for its employees working at the Center, consistent with the criteria 29 Page 261 of 376 September 20, 2017 DRAFT utilized by the City for evaluating applicants for employment. Any such individuals, whether employees, agents, independent contractors, volunteers, and/or other, retained by FOUNDATION for such purpose(s) shall not be deemed to be agents, employees, partners, joint venturers or associates of the City, and shall not obtain any rights or benefits under the civil service or pension ordinances of the City or any rights generally afforded classified or unclassified employees of the City; further they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. Additionally, FOUNDATION, and/or any employees, agents, independent contractors, volunteers, and/or others, acting under the authority and/or with the permission of FOUNDATION for the purpose set forth herein, shall never have been convicted of any offense involving moral turpitude or a felony. Failure to comply with this provision shall constitute cause for the termination of this Agreement upon thirty (30) days written notice and opportunity to cure. FOUNDATION shall have an experienced manager or managers overseeing the Center at all times. Any criminal activity at the Center caused by or knowingly permitted by FOUNDATION shall result in automatic termination of this Agreement. 23.2 Contract Administration. a. The City's contract administrator shall be the City Manager and/or his designee. FOUNDATION shall name a specific individual to serve as its contract administrator. b. The City's contract administrator shall have the authority to give all approvals for the City while administering this Agreement, with the exception of items which would require City Commission approval. The City's contract administrator: (i) Shall be the liaison between the City and FOUNDATION on all matters relating to this Agreement. (ii) Shall be responsible for ensuring that any information supplied by FOUNDATION is property distributed to the appropriate City departments. (iii) Shall be responsible for contract compliance by FOUNDATION (including, without limitation, FOUNDATION's activities, 30 Page 262 of 376 September 20, 2017 DRAFT programming, operations, management, and maintenance of the Center). c. FOUNDATION shall name an individual who shall serve as the general manager of the Center and who: (i) Shall be the liaison between the City and FOUNDATION on all matters relating to this Agreement. (ii) Shall be responsible for the day-to-day management and operation of the Center. (iii) Shall be responsible for providing supervision and direction to the Center's employees, agents, contractors, and/or volunteers. 23.3 "Key Person" Clause. The Parties acknowledge that, in recognition of the success of the FOUNDATION's adaptive beach days, and Ms. Sabrina Cohen's instrumental efforts with regard thereto, the City's selection of the FOUNDATION, and Ms. Sabrina Cohen's participation as part of the FOUNDATION's Board and/or management, is an integral and primary consideration for City's decision to approve this Agreement. Accordingly, the FOUNDATION shall exercise its best efforts to ensure the continuing, ongoing and active participation of Ms. Sabrina Cohen as part of the Adaptive Recreation Center project. SECTION 24. NO IMPROPER USE. FOUNDATION will not use, nor suffer or permit any person to use in any manner whatsoever, the Center or the Premises for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. FOUNDATION shall not use the Center or the Premises for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the Center or the Premises or the uses and activities conducted on the Center or the Premises. FOUNDATION agrees not to use the Center or the Premises for, or to permit operation of any offensive or dangerous activity, nuisance or anything against public policy. Except as may result from acts of force majeure, FOUNDATION agrees that it will not 31 Page 263 of 376 September 20, 2017 DRAFT allow the Center or the Premises to become unoccupied or vacant. FOUNDATION shall take appropriate precautions to prevent fire on the Center or the Premises, maintaining existing fire detection devices and extinguishing equipment at all times. SECTION 25. NO DANGEROUS MATERIALS. FOUNDATION agrees not to use or permit in the Center or the Premises the storage of illuminating oils, oil lamps, turpentine, gasoline, benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. SECTION 26. NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES, INDIVIDUALS. It is expressly understood and agreed by and between the parties hereto that all individuals, employees, officers, and agents of the City are acting in a representative capacity and not for their own benefit; and that neither FOUNDATION, nor any of its employees, agents, contractors, volunteers and/or others, shall have any claim against them or any of them as individuals in any event whatsoever in conjunction with any acts or duties which are reasonably related to the performance of their duties. SECTION 27. DEFAULT AND TERMINATION. If either Party fails to perform in accordance with any of the terms and conditions of this Agreement, and such default is not cured within thirty (30) days after written notice is given, the non-defaulting Party shall have the right to terminate this Agreement and, as the case may be, either vacate or re-enter the Center, without further notice or demand. At its option, either Party may also pursue any and all legal remedies available to seek redress for such default. The default and termination rights afforded the parties in this Section 27, shall in no way limit or otherwise preclude the City from exercising such other rights to terminate this Agreement, as may be expressly provided in other sections hereto. SECTION 28. PROCEDURE UPON EXPIRATION AND/OR TERMINATION BY CITY. 32 Page 264 of 376 September 20, 2017 DRAFT 28.1 FOUNDATION shall, on or before the last day of the term herein, or the sooner termination thereof, peaceably and quietly leave, surrender and yield unto the City, the Center, together with any and all fixtures located at or on the Center and used by FOUNDATION in the maintenance, management or operation of the Center, excluding any equipment, furnishings, appliances or other personal property which can be removed without material injury to the Premises, free of all liens, claims and encumbrances and rights of others, and broom-clean, together with all structural changes, alterations, additions, and improvements which may have been made upon the Center, in good order, condition and repair, reasonable wear and tear excepted, subject, however, to the subsequent provisions of this subsection. Any property which pursuant to the provisions of this subsection is removable by FOUNDATION on or at the Center upon the termination of this Agreement and is not so removed may, at the option of the City, be deemed abandoned by FOUNDATION, and either may be retained by the City as its property, or may be removed and disposed of by City, at the sole cost of the FOUNDATION, in such manner as the City may see fit. If the Center isnot surrendered at the end of the term as provided in this subsection, FOUNDATION shall make good to the City all damages which the City shall suffer by reason thereof, and shall indemnify, the City against all claims made by a succeeding occupant (if any), so far as such delay is occasioned by the failure of FOUNDATION to surrender the Premises as and when herein required. 28.2 FOUNDATION covenants and agrees that it will not enter into agreements (whether express or implied) relating to the Center for a period of time beyond the stated expiration date of this Agreement. 28.3 In the event of termination of this Agreement for any reason, if the City is still in possession or control of unexpended Project Donations then, along with its notice of termination (assuming the City is terminating) or, within thirty (30) days of receipt of a notice of termination from the FOUNDATION, the City shall provide the FOUNDATION with an accounting of the 33 Page 265 of 376 September 20, 2017 DRAFT Project Donations, along with a check in an amount equal to the unexpended Project Donations in the CITY's possession or control. SECTION 29. TERMINATION FOR CONVENIENCE OR FOR LACK OF FUNDING. 29.1. The FOUNDATION and the City, through its City Manager, shall each have the right to terminate this Agreement for convenience at any time prior to City's execution of the agreement with the architect/engineer for the design of the Center, with each Party to bear its own costs and fees. 29.2. The FOUNDATION and the City, through its City Manager, shall each have the right to terminate this Agreement for convenience without penalty or liability if, pursuant to Section 6 of this Agreement, the City and FOUNDATION are unable to agree on the final budget of the Project Costs for the design, development, and construction of the Center. 29.3. The FOUNDATION shall have the right to terminate this Agreement for its convenience if, as part of the design reviews for the Center, changes to the plans and specifications are required by the applicable City boards or agencies having jurisdiction, and such changes render the Center economically unfeasible. 29.4. If the FOUNDATION has not contributed the total Project Costs to the City within three (3) years following the City Commission's approval of the Concept Plan, or if the FOUNDATION has not met any of the milestones set forth in Section 7 of this Agreement, the City, through its City Manager, may terminate this Agreement for its convenience. 29.5. In the event that FOUNDATION has insufficient funding at any time during the Term, such that it can no longer manage and operate the Premises in accordance with the goals and priorities and uses herein, then the City may, at its sole discretion: (i) supplement any lack or loss of funds in order to allow FOUNDATION to continue to manage and operate the Center; or (ii) terminate this Agreement for its convenience. 34 Page 266 of 376 September 20, 2017 DRAFT 29.6. Any termination for convenience shall be effective upon thirty (30) days written notice to the other Party. In the event of a termination for convenience of this Agreement pursuant to this Section 29 or any subsection thereof, the procedure upon termination, as set forth in Section 28, shall govern and control, and, except as otherwise stated herein, neither Party shall have any liability or owe any further obligation to the other Party. SECTION 30. NOTICES. All notices from the City to FOUNDATION shall be deemed duly served if mailed by registered or certified mail to FOUNDATION at the following address: Sabrina Cohen Foundation, Inc. 1800 Sunset Harbour Drive #2406 Miami Beach, Florida 33139 Attention: All notices from FOUNDATION to the City shall be deemed duly served if mailed by registered or certified mail to City at the following address: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager with copies to: City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Attention: Asset Manager FOUNDATION and the City may change the above mailing addressed at any time upon giving the other Party written notification. All notice under this Agreement must be in writing. SECTION 31. NO DISCRIMINATION. The FOUNDATION agrees to comply with City of Miami Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, 35 Page 267 of 376 September 20, 2017 DRAFT on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability.. All facilities located on the Center shall be made available to the public, subject to the right of FOUNDATION to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation and security of the facilities. SECTION 32. VENUE/WAIVER OF JURY TRIAL/DISPUTE MEDIATION. 32.1 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND FOUNDATION EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 32.2 If a dispute arises out of, or related to, this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association, or other similar alternative dispute resolution organization, person or source agreeable to the parties, before resorting to litigation or other dispute resolution procedure. SECTION 33. LIMITATION OF LIABILITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses his willingness to enter into this Agreement with Contractor's 36 Page 268 of 376 September 20, 2017 DRAFT recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000, which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes, SECTION 34. MISCELLANEOUS PROVISIONS. 34.1 City's Governmental Capacity. Nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit or otherwise affect the authority of the City in the discharge of its police or governmental power. 34.2 Representation on FOUNDATION Board of Directors. The FOUNDATION agrees that the City Manager, or his or her designee, shall be a voting member of the FOUNDATION's Board of Directors ("Board"), as of the Effective Date, with voting power equivalent to 1/6th of the total members of the Board. For example, if the Board consists of six (6) members (including the City Manager or designee), the City Manager's (or designee's) vote shall be equivalent to one (1) vote; if the Board consists of twelve (12) members, the City Manager's vote shall be equivalent to two (2) votes; and so on. 34.3 Entire Agreement. This Agreement, together with the attachments hereto, contains all of the promises, agreements, conditions, inducements and understandings between City and FOUNDATION concerning the operation and management of the Center, and there are 37 Page 269 of 376 September 20, 2017 DRAFT no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written, express or implied, between them other than as expressly set forth herein and in such attachments thereto or as may be expressly contained in any enforceable written agreements or instruments executed simultaneously herewith by the parties hereto. 34.4 Waiver; Modification. No covenant, agreement, term or condition of this Agreement shall be changed, modified, altered, or waived except by a written instrument of change, modification, alteration, or waiver executed by City and FOUNDATION. No waiver of any default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent default thereof. 34.5 Remedies Cumulative. Each right and remedy of either Party provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement), and the exercise or beginning of the exercise by a Party of any one or more of the rights or remedies provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement), shall not preclude the simultaneous or later exercise by such Party of any or all other rights or remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise (except as otherwise expressly limited by the terms of this Agreement). 34.6 Performance at Each Party's Sole Cost and Expense. Unless otherwise expressly provided in this Agreement, when either Party exercises any of its rights, or renders or performs any of its obligations hereunder, such Party shall do so at its sole cost and expense. 34,7 Time is of the Essence. Time is of the essence with respect to all matters in, and 38 Page 270 of 376 September 20, 2017 DRAFT requirements of, this Agreement as to both City and FOUNDATION including, but not limited to, the times within which the FOUNDATION must raise the Project Donations necessary for the design, development and construction of the Center, and the times within which the City must commence and complete construction of the Center. 34,8 No Representations. City and FOUNDATION have made no representations herein as to the condition of the Premises. 34.9 Partnership Disclaimer. FOUNDATION acknowledges, represents and confirms that it is an independent contractor in the performance of all activities, functions, duties and obligations pursuant to this Agreement. The parties hereby acknowledge that it is not their intention to create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship for the purpose of this Agreement, or for any other purpose whatsoever. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Agreement, shall be construed or deemed to create, or to express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this Section 34.9 shall survive termination and/or expiration of this Agreement. 34.10 Not a Lease. It is expressly understood and agreed that no part of the Property or Center, or any part, parcel, building, structure, equipment or space is leased to FOUNDATION; that this Agreement is solely in the nature of a funding and management agreement, and is not a lease, and in no event shall this Agreement be construed to confer any legal or equitable interest of any kind whatsoever in the Center or the Premises. The FOUNDATION's license to operate and manage the Center shall continue only so long as this Agreement remains in effect, and provided further that FOUNDATION complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 39 Page 271 of 376 September 20, 2017 DRAFT 34.11 No Third Party Rights. Nothing in this Agreement, express or implied, shall confer upon any person, other than the Parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI BEACH City Clerk Philip Levine, Mayor STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2017, by Mayor Philip Levine and Rafael Granado, City Clerk, or their designees respectively, on behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 2017. My Commission Expires: Notary Public, State of Florida at Large Commission No.: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION a:Q.06 city Attorney eke Date 40 Page 272 of 376 September 20, 2017 DRAFT Attest: SABRINA COHEN FOUNDATION, INC. Secretary President STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017, by , on behalf of the Sabrina Cohen Foundation, Inc., known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 2017. My Commission Expires: Notary Public, State of Florida at Large Commission No.: 41 Page 273 of 376 September 20, 2017 DRAFT EXHIBIT A [SKETCH OF PREMISES] Page 274 of 376 Exhibit "B" Page 275 of 376 Exhibit "C" Sabrina Cohen Foundation putting lives back Into motion SABRINA COHEN, Founder I President Sabrina is the voice and face of the Foundation. A C5 quadriplegic, as the result of a spinal cord injury from a car accident in 1992, she has been a health advocate for research and rehabilitation since her injury. Sabrina established the Sabrina Cohen Foundation in 2006 to raise funds for research and quality of life fitness initiatives for the disabled community. Sabrina continuously travels tirelessly and extensively — from schools and universities to scientific conferences — to be a spokesperson for this cause. JASPER NELISSEN, Director VP/General Manager Conill Miami at Saatchi & Saatchi Worldwide, Jasper has brought a distinctive flair to the agency while expanding the office's client businesses and staff levels. As Saatchi & Saatchi's Director of Global Reinvention from 2006-10, Jasper was involved with developing work process, company strategy and transformation programs. He has trained employees in Europe, Asia and the U.S., and managed organizational change in a number of key markets, including Germany and the Netherlands. Jasper was previously an Account Director at Saatchi & Saatchi, where he led efforts on European and global accounts. CHARLOTTE LOON', Cornmunicatio s Director Medical writer/ author at Newsmax Health. Charlotte Libov has written about medical and health care topics for more than 15 years. Since becoming a health book author in 1993, she has written or co-written five books, including The Woman's Heart Book, which was adapted by PBS for a documentary, and received a book award from the American Medical Writers Association. Before becoming a medical author and freelancer, she was a New York Times contributor and has written health articles for Ladies' Home Journal, Neurology Now, and Arthritis Today. She is also a professional speaker on women's health issues and has appeared on radio and television health shows. Libov has a bachelor's degree with honors from the University of Connecticut and a master's degree in mental health counseling from the University of Oregon. A GEL PA Dir cto Angel Pardo is the President of Doctors Medical Rentals, DMR Corporation, an Assistive Technology provider specializing in meeting the needs of clients ranging from Neo-Natal to Bariatric, with experience caring for those with ALS, Cerebral Palsy, Muscular Dystrophy and Spinal Cord Injury. DMR's state-of-the-art facility is located in South Florida, with an evaluation area and full diagnostic capabilities for repair with a large inventory of parts - all of which is fully accessible. DMR has been a proud sponsor of the Sabrina Cohen Foundation since its inception. AS N Dir With a strong passion for the fitness and wellness industry, Aryan is the co owner of JetSet Pilates also known as JetSet Miami. Aryan's clients range from beginners to professional athletes and celebrities. JetSet fuses principles of Pilates, balance, flexibility, strength, core, circuit, and strength training. Aryan created her own JetSet adaptive fitness program currently Page 276 of 376 SaTina Cohen Foundation putting fives back Into motion taught at Jackson Memorial Hospital and the Miami VA and is looking forward to working with Sabrina Cohen Foundation to continue to implement training for paralysis community and beyond. Aryan is also an attorney, barred in Florida and Washington DC, received her Master's from Stanford University, earned her BA from UC Berkeley, worked at the Women and Public Policy Program at Harvard University, has been a featured expert on various fitness and wellness forums, and currently serves as an ambassador for Lululemon South Miami. BERNIE SIEGEL, Director Bernard Siegel, J.D., is the founder and Executive Director of Genetics Policy Institute (GPI), a nonprofit organization with offices in Palm Beach, Florida; Silicon Valley, California and Washington, D.C. He founded and co-chairs the annual World Stem Cell Summit, founded and serves editor-in-chief of the peer-reviewed World Stem Cell Report and is the editor of the 360 Stem Cell & Regenerative Medicine weekly newsletter. He founded and is the spokesperson for the Stem Cell Action Coalition, a 100+ member international alliance of nonprofits and research institutions leading the global "Pro-Cures Movement." Dr. John Chae, M.D. Cleveland FES Center Professor and Director of Research, Physical Medicine and Rehabilitation Director, Stroke Rehabilitation Dr. Joshua Hare, M.D. University of Miami Louis Lemberg Professor of Medicine Director, Interdisciplinary Stem Cell Institute Dr. Hunter Peckham Ph.D. Case Western Reserve University Donnell Institute, Professor Director, Functional Electrical Stimulation Center Dr. Rajiv Ratan, M.D,, Ph.D. Cornell University Professor of Neurology and Neurobiology Director, Burke-Cornell Medical Research Institute Page 277 of 376 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE PROPOSAL FROM THE SABRINA COHEN FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION ("FOUNDATION"), FOR THE FOUNDATION, A PUBLIC CHARITY, TO FUND-RAISE AND CONTRIBUTE ALL OF THE EXPENSES RELATED TO THE CITY'S DESIGN, DEVELOPMENT AND CONSTRUCTION OF A CITY-OWNED PARKS AND RECREATION FACILITY (THE "FACILITY" OR "CENTER"), TO BE LOCATED AT A PORTION OF THE CITY'S "P72" SURFACE PARKING LOT AT 53RD STREET AND COLLINS AVENUE (THE "P72 LOT"), AND WHICH FACILITY, ONCE COMPLETED, WILL BE USED AS AN ADAPTIVE RECREATION CENTER SERVING PERSONS WITH PHYSICAL AND COGNITIVE DISABILITIES, INCLUDING SENIORS LIVING WITH DISABILITIES AND ABLE-BODIED INDIVIDUALS WITH TEMPORARY INJURIES, WITH THE INTENT OF EXPANDING THE CITY'S ACCESSIBLE BEACH PROGRAMMING FOR THE BENEFIT OF THE GENERAL PUBLIC; PROVIDING THAT THE FOOTPRINT FOR THE FACILITY SHALL BE APPROXIMATELY, BUT NOT MORE THAN, 5,000 SQUARE FEET, WITH A MAXIMUM HEIGHT OF TWENTY FOUR (24) FEET, AND CONTAINING A BUILDING HAVING NO MORE THAN 10,000 SQUARE FEET, WITH THE FINAL LOCATION FOR THE FACILITY AT THE P72 LOT TO BE DETERMINED BY THE CITY COMMISSION; PROVIDING THAT ALL PLANS AND SPECIFICATIONS FOR THE FACILITY SHALL BE SUBJECT TO APPROVAL BY THE CITY; AND FURTHER, PROVIDING FOR THE FOUNDATION TO MANAGE, OPERATE AND MAINTAIN THE ADAPTIVE RECREATION CENTER ON THE CITY'S BEHALF, FOR A TERM OF NINE (9) YEARS, COMMENCING UPON THE CITY'S COMPLETION OF THE CONSTRUCTION OF THE FACILITY; FURTHER ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM, A FUNDING, COLLABORATION AND MANAGEMENT AGREEMENT WITH THE FOUNDATION; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION. WHEREAS, since 2015, the City of Miami Beach, Florida ("City") has explored opportunities to provide greater access to the City's beaches to persons living with physical and cognitive disabilities, including through development of a wellness center on City-owned property; and WHEREAS, the City is the owner of certain real property located at and around 5301 Collins Avenue, which includes City Fire Station 3, the parking lot areas east and south of Fire Station 3, Beach View Park, and associated facilities (the "Property"); and WHEREAS, in an effort to provide enhanced recreational programming at Beach View Park and greater access to the City's beaches, the City desires to expand the footprint available Page 278 of 376 for Beach View Park facilities, without reducing any existing Park greenspace, and to use a portion of the Property to provide expanded parks and recreation services to the public, and persons living with physical and cognitive disabilities, including seniors living with disabilities, and able-bodied individuals with temporary injuries; and WHEREAS, the FOUNDATION is a Florida not-for-profit corporation of the State of Florida, that exists as a 501(c)(3) public charity under the Internal Revenue Code, and currently operates a successful adaptive beach day program within the City of Miami Beach, with accessible beach programming at or near Allison Park; and WHEREAS, in view of the limited funding available to the City to support its City-wide parks and recreational needs, the FOUNDATION approached the City with a proposal to provide the necessary funding for the design, development, and construction of a City-owned adaptive recreational facility (hereinafter referred to as the "Adaptive Recreation Center" or "Center") which, once completed, will be used in accordance with this Agreement for the purposes specified herein, with the intent of providing an accessible access point to the beach, and beach programming for persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries; and WHEREAS, on March 22, 2017, Commissioner Joy Malakoff sponsored a referral to the Finance and Citywide Projects Committee ("Finance Committee"), for discussion of a possible agreement with the FOUNDATION for the Center at the Property; and WHEREAS, on April 17, 2017, the City conducted a community outreach meeting to obtain public input as to the conceptual terms of the FOUNDATION's proposal; and WHEREAS, on April 22, 2017, the Finance Committee discussed the FOUNDATION's proposal for the Center, obtained public input with respect to the FOUNDATION's proposal, and directed the Administration to work with the FOUNDATION to develop an agreement with respect thereto; and WHEREAS, the City and the FOUNDATION prepared an agreement with the proposed terms for the FOUNDATION's funding of the design, development and construction costs for the Center, and management and operation thereof, which was presented to the City Commission at its July 26, 2017 meeting; and WHEREAS, at the July 26, 2017 City Commission meeting, following public input and discussion, the Mayor and City Commission endorsed the concept for the Center at the Property, and referred the proposed Agreement to the Finance Committee for further review and comment; and WHEREAS, at the July 28, 2017 Finance Committee meeting, the Finance Committee discussed the terms of the proposed Agreement, provided additional direction to the Administration and City Attorney's Office with regard to proposed terms for the Agreement, and provided the public with an additional opportunity to comment on the proposed Agreement; and WHEREAS, at the September 20, 2017 Finance Committee meeting, the Finance Committee considered a revised draft of the proposed Agreement (incorporating the Finance Committee's July 28, 2017 comments, as well as other negotiated terms), heard additional public input and comment, and favorably recommended that the City Commission approve this Agreement; Page 279 of 376 WHEREAS, the City would be the owner of the Facility, which will be used for the primary purpose of providing the general public and specifically, persons living with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries, with an accessible access point to the beach and related beach programming; and WHEREAS, the Facility would be located on a portion of the P72 Lot adjacent to Beach View Park, with a footprint of approximately 5,000 square feet, and a maximum height of twenty four (24) feet (for a total of approximately 10,000 square feet); and WHEREAS, the site map for the P72 Lot is attached as Exhibit "A" to the Commission Memorandum accompanying this Resolution, with the final location of the Facility within the P72 Lot to be determined by the City Commission as part of the design development process; and WHEREAS, the Administration recommends that the Mayor and City Commission approve, in substantial form, the proposed Funding, Collaboration and Management Agreement incorporated herein by reference and attached as Exhibit "B" to the Commission Memorandum accompanying this Resolution; with said management agreement having a term of nine (9) years, commencing upon the City's completion of construction of the Facility; and WHEREAS, as set forth in the Commission Memorandum accompanying this Resolution, if the City Commission's direction is to proceed with the proposed project at the proposed location as set forth herein, the City Manager recommends the waiver of the competitive bidding requirements with respect to the Foundation's management of the Facility, for a term of nine (9) years, as being in the best interests of the City, in view of the Foundation's commitment to funding the design, development and construction costs for the Facility, and its experience with adaptive beach programming within the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby accept the proposal from the Sabrina Cohen Foundation, Inc., a Florida not- for-profit corporation ("Foundation"), for the Foundation, a public charity, to fund-raise and contribute all of the expenses related to the City's design, development and construction of a City- owned parks and recreation facility (the "Facility" or "Center"), to be located at a portion of the City's "P72" surface parking lot at 53rd Street and Collins Avenue (the "P72 lot"), and which Facility, once completed, will be used as an adaptive recreation center serving persons with physical and cognitive disabilities, including seniors living with disabilities and able-bodied individuals with temporary injuries, with the intent of expanding the City's accessible beach programming for the benefit of the general public; provide that the footprint for the Facility shall be approximately, but not more than, 5,000 square feet, with a maximum height of twenty four (24) feet, and containing a building having no more than 10,000 square feet, with the final location for the Facility at the P72 Lot to be determined by the City Commission; provide that all plans and specifications for the Facility shall be subject to approval by the City; and further, providing for the Foundation to manage, operate and maintain the adaptive recreation center on the City's behalf, for a term of nine (9) years, commencing upon the City's completion of the construction of the Facility; further accept the written recommendation of the City Manager (as further set forth in the City Commission memorandum accompanying this Resolution) and waive, by 5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve, in substantial form, a Funding, Collaboration and Management Agreement with the Foundation; and authorize the Mayor and City Clerk to execute an agreement substantially in the form attached to the Commission memorandum accompanying this Resolution. Page 280 of 376 PASSED and ADOPTED this day of 2017. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attoiliai IfLF) Date Page 281 of 376 Resolutions - R7 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE AC H, FL ORID A, APP R OVIN G PACIFIC 2.1 ENT ERTAINMENT, TO C LOSE SOUT HBO U N D C OL LIN S AVENUE, A MAJ O R R OADWAY, FROM 52N D ST R EE T T O 53RD ST R EE T, R EROU T ING T R AF F IC TO A S INGLE LANE ON T HE WES T E RN PORT ION OF NO RT H BOU N D C OL LIN S AVENUE, FROM T HURS DAY, NO VEMB ER 16, 2017 AT 10:00 A.M. T HROUGH S AT URDAY, N OVE MBER 18, 2017 AT 5:00 A.M., NOT IN CLUDING DURIN G R ES T RIC T E D R U SH HOU R P ERIODS FROM 7:00 A.M. T O 10:00 A.M. AN D FROM 3:30 P.M. TO 7:00 P.M., TO ALL OW T HE F IL MIN G OF “AMERICAN CRIME STORY: VE R SACE,” BY R E-CRE AT IN G T HE T RUE L OCAT ION O F T HE HO U SE BOAT CO N C LUS ION AN D SUB SE QUE N T P OL ICE INVE ST IGAT ION OF T H E ANDREW C U N AN AN C ASE FROM 1997. AN ALYS IS Pacific 2.1 Entertainment, a division of 20th Century Fox Studios, is currently in production on season 2 of the Emmy-winning F X Network series “American Crime Story,” focusing this season on the true crime story of the 1997 Gianni Versace murder on Ocean Drive in Miami Beach, by the serial killer Andrew Cunanan, and the subsequent investigation and manhunt led by local Police. T he production filmed several sequences on Ocean Drive in May, 2017, before moving to Los Angeles, California, for the majority of the production work, due to available film incentives not currently offered in the state of Florida. T he production is returning to Miami Beach in November, to film additional scenes for the show, including the infamous conclusion that saw Cunanan take his life aboard a houseboat docked off of Collins Avenue and 52nd Street, in Indian Creek. T he production will recreate the houseboat on a barge docked in the original location and is requesting closure and reroute of the filming area to ensure period accuracy. T he specific request is to close southbound Collins Avenue from 52nd Street to 53rd Street, rerouting southbound traffic onto the single westernmost lane of northbound Collins Avenue, from 52nd Street to 53rd Street, per the attached Maintenance of Traffic (MOT ) plan, as approved by the Transportation Department. T he closure would be in effect from Wednesday, November 15, 2017 at 10:00 am until Friday, November 17, 2017 at 7:00 am, not including restricted rush hour periods from 7:00 am to 10:00 am and 3:30 pm to 7:00 pm, during which time the production will remove the M OT and all lanes of Collins Avenue will flow openly. T he production has further requested a weather date if necessary, of Friday, November 17, 2017 at 10:00 am through Saturday, November 18, 2017 at 7:00 am, also not Page 282 of 376 including rush hour restricted periods. T he closure will be managed by Off-duty Miami Beach Police at all times. T he production will install Variable Message Boards (VMS), alerting motorists of the coming disruption for a week prior to this impact. T he production will notice all buildings from 41st Street to 63rd Street, and obtain signature consent of the properties within the closure. At the July 13, 2016 meeting of the Miami Beach Commission, Resolution 2016-29506 was adopted, henceforth requiring any new special event applicant seeking to close a road or lane of a major thoroughfare in the City of Miami Beach to seek approval from the Miami Beach Commission. Although film production permitting is exempted from requiring Commission approval via the Resolution, the Administration is seeking direction regarding this impactful production. C O N C L U S IO N T he Administration seeks direction from the Commission. K E Y IN T E N D E D O U TC O ME S S U P P O R TE D Maximize The Miami Beach Brand As A World Class Destination Legislativ e Tracking Tourism, Culture and Economic Development AT TAC H ME N T S: Description A C S MOT C ollins 52-53 Streets Page 283 of 376 0NLY 0NLY YIELD 0NLY 0NLY COLLINS AVELegend Arrowboard Cone N NOT TO SCALE CONTRACTOR SHALL INSTALL AND MAINTAIN TRAFFIC CONTROL DEVICES IN ACCORDANCE WITH FDOT DESIGN STANDARD INDEX 600 AND THE MUTCD (LATEST EDITION) AMERICAN CRIME STORY 5220 COLLINS AVE LEFT LANE CLOSED AHEAD ROAD WORK AHEADRIGHTTWOLANESCLOSEDAHEADROADWORKAHEAD5220 COLLINS AVE 5300 BLK COLLINS AVE 5200 BLK COLLINS AVE www.invarion.com Page 284 of 376 Resolutions - R 7 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BE AC H, F LOR IDA, AP PRO VING T HE CIT Y’S 2018 S TAT E L EG IS LAT IVE AGE NDA. R ECO MMENDATI ON Adopt the Resolution. Legislativ e Tracking Office of the City Manager AT TAC H ME N T S: Description 2018 State Legislative Agenda Resolution Page 285 of 376 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 31, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY’S 2018 STATE LEGISLATIVE AGENDA ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Each year, the Mayor and City Commission adopt a list of legislative priorities for the annual session of the State Legislature. The 2018 Regular Session is scheduled to convene on January 9, 2018. Below is the proposed 2018 State Legislative Agenda for consideration and approval. LEGISLATIVE PRIORITIES 1. Sea Level Rise/Coastal Flooding The City of Miami Beach continues to face critically dangerous conditions due to climate change and consistent coastal and rainfall flooding. It is essential that the state recognize the urgency and severity brought on by these conditions. The City continues to request funding for infrastructure improvements caused by these conditions. 2. Extended Stay/Short-term Rentals - Vacation Rentals The City supports legislation that allows local governments to regulate vacation and extended stay/short-term rental properties. This type of legislation is meant to prevent operators from running unlicensed “hotels”, which in most cases are in violation of zoning laws, safety codes and other commercial requirements. 3. License Plate Readers Allow City License Plate Readers (LPRs) on State Roads. Currently, Florida Department of Transportation uses LPRs on some state roads. 4. Biscayne Bay Coastal Wetlands The City urges the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps necessary to expedite and complete the construction of Phase I of Page 286 of 376 Commission Memorandum Page 2 the Biscayne Bay Coastal Wetlands (BBCW) project and also to expedite the planning of Phase II for this project so that such planning occurs as soon as possible and prior to the current scheduled start date of 2021. The health of Biscayne Bay and the restoration of the greater Everglades' ecosystem is of great importance to the continued clean water supply, environmental and public health, and economic wellbeing. The purpose of the BBCW project, as authorized by Congress in the Water Resources Development Act of 2000, is to improve the ecological health of Biscayne Bay by adjusting the quantity, quality, timing, and distribution of freshwater entering Biscayne Bay and Biscayne National Park through the redistribution of freshwater flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, tidal wetlands, and near-shore bay habitats. 5. Property Assessed Clean Energy (PACE) Program The City urges the Florida legislature to expand the Property Assessed Clean Energy (PACE) program to provide financing for improvements that support resiliency in the State of Florida. In 2010, the Florida Legislature adopted provisions in Section 163.08 of the Florida Statutes that allow local governments to create PACE programs for residents and businesses that provide financing for energy conservation and efficiency (e.g., energy-efficient heating, cooling, or ventilation systems), renewable energy (e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements that are not inconsistent with State law. The State of Florida should expand the PACE program to assist property owners with projects that raise foundation of existing historic structures above current elevation requirements, exceed elevation requirements for new construction, raise and reinforce seawalls and other adaptation strategies, ie flood panels and raising infrastructure that support resiliency. 6. Local Authority and Unfunded Mandates The City opposes legislation that would impact home rule powers of municipal governments or in any way reduces local control and authority, as well as any efforts to pass additional costs from the state down to the City. The City supports all efforts made to identify and reduce the number of unfunded mandates imposed on local government. 7. Florida’s Fire Safety Standards The City supports legislation that amends Florida’s Fire Safety Standards to preserve architecturally significant building features. 8. Casino Gambling The City strongly opposes any Bills related to casino gambling, and re-affirms the City’s long-standing policy against casino gambling. 9. Preserve Beaches/Beach Renourishment The City supports legislation that provides additional funding to preserve and repair the state’s beaches. Page 287 of 376 Commission Memorandum Page 3 10. Support Miami-Dade County Public Schools Legislative Priorities Support the 2017 Miami-Dade County Public Schools' State Legislative Priorities and urge Florida Governor Rick Scott and the Members of the Florida Legislature to increase per pupil education funding in Florida public schools to equal or exceed the national average of approximately $11,009 per pupil and to continue to fund early childhood education programs. 11. Texting While Driving The City urges Governor Rick Scott and the Members of the Florida Legislature to enact legislation that would make texting while driving a primary offense. LEGISLATION TO BE MONITORED Legislation regarding the following issues will be monitored: • Education/Early Childhood Funding/Class Size Amendment • Alternative and Renewable Energy including Wind and Solar Energy • Protect condominium owners • State Housing Initiatives Partnership (SHIP) Program • Enterprise Zones • Film Incentives /Enterprise Florida • Medical Marijuana • Telecommunications/Wireless Communications • Tourism-related Issues • LGBTQ Issues • Body Cameras • Senior Programs • Waterways and Water Regulations/Mooring Issues • Community Redevelopment Agencies (CRA) Legislation • Beach Re-nourishment/Erosion Protection • Resiliency and Environmental Sustainability /Alternative Energy • Public Private Partnerships • Red light cameras • Plastic Bags • Workforce & Affordable Housing • Affordable Workspace • Technology Education Opportunities • Education Accountability • Florida Workers’ Compensation Reform • Monitor and provide input to the Select Committee on Hurricane Response and Preparedness Page 288 of 376 Commission Memorandum Page 4 APPROPRIATIONS REQUESTS The following Appropriations Requests will be submitted: 1. Supervisory Control and Data Acquisition (SCADA) System • SCADA system upgrades to monitor, control and manage the City’s water, wastewater and storm water pumps and piping systems. 2. North Beach Neighborhood Improvements • Replace the old, undersized water distribution system; the City will upgrade to 8” wide water pipes as required by the Fire District to provide adequate water for fire flow. • The new system will be more reliable with fewer water main breaks. 3. Inclusionary Aides • Funding for inclusionary aides for afterschool and summer camp programs for children and youth with special needs. 4. Intelligent Transportation System (ITS) and Smart Parking System (SPS) • Funding for ITS and SPS Implementation. 5. North Beach Business Incubator Project • Includes funding for relocation/restoration of the Log Cabin. FUNDING OPPORTUNITIES Funding is sought for the following projects/programs: • Education Programs • State Housing Initiatives Program (SHIP) Funding • Workforce and Affordable Housing • Historic Preservation • Planning for Resiliency/Mitigation • Security Cameras • Transportation • Film Incentives CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution approving the City’s Agenda for the 2018 State Legislative Session. Page 289 of 376 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S 2018 STATE LEGISLATIVE AGENDA. WHEREAS, each year, the Mayor and City Commission adopt a list of legislative priorities for the annual session of the State Legislature; and WHEREAS, the 2018 Regular Session of the Florida Legislature is scheduled to convene on January 9, 2018; and WHEREAS, it is important that the City of Miami Beach work with its representatives to secure funding for City projects, implement and change legislation that is in the best interest of the City, and liaison with state agencies on issues that impact the City; and WHEREAS, it is imperative that the City's legislative consultant is aware of, and has a list of City priorities; and WHEREAS, the proposed priorities will continue to evolve as the State Legislative Session continues. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve the City's 2018 State Legislative Agenda, as attached in Exhibit "A" to this Resolution. PASSED and ADOPTED this day of , 2017. ATTEST: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1(7 City Attorney Date Rafael E. Granado, City Clerk Page 290 of 376 Exhibit "A" LEGISLATIVE PRIORITIES 1. Sea Level Rise/Coastal Flooding The City of Miami Beach continues to face critically dangerous conditions due to climate change and consistent coastal and rainfall flooding. It is essential that the state recognize the urgency and severity brought on by these conditions. The City continues to request funding for infrastructure improvements caused by these conditions. 2. Extended Stay/Short-term Rentals - Vacation Rentals The City supports legislation that allows local governments to regulate vacation and extended stay/short-term rental properties. This type of legislation is meant to prevent operators from running unlicensed "hotels", which in most cases are in violation of zoning laws, safety codes and other commercial requirements. 3. License Plate Readers Allow City License Plate Readers (LPRs) on State Roads. Currently, Florida Department of Transportation uses LPRs on some state roads. 4. Biscayne Bay Coastal Wetlands The City urges the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps necessary to expedite and complete the construction of Phase I of the Biscayne Bay Coastal Wetlands (BBCW) project and also to expedite the planning of Phase II for this project so that such planning occurs as soon as possible and prior to the current schedule scheduled start date of 2021. The health of Biscayne Bay and the restoration of the greater Everglades' ecosystem is of great importance to the continued clean water supply, environmental and public health, and economic wellbeing. The purpose of the BBCW project, as authorized by Congress in the Water Resources Development Act of 2000, is to improve the ecological health of Biscayne Bay by adjusting the quantity, quality, timing, and distribution of freshwater entering Biscayne Bay and Biscayne National Park through the redistribution of freshwater flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, tidal wetlands, and near-shore bay habitats. 5. Property Assessed Clean Energy (PACE) Program The City urges the Florida legislature to expand the Property Assessed Clean Energy (PACE) program to provide financing for improvements that support resiliency in the State of Florida. In 2010, the Florida Legislature adopted provisions in Section 163.08 of the Florida Statutes that allow local governments to create PACE programs for residents and businesses that provide financing for energy conservation and efficiency (e.g., energy-efficient heating, cooling, or ventilation systems), renewable energy (e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements that are not inconsistent with State law. The State of Florida should expand the PACE program to assist property owners with projects that raise foundation of existing historic structures above current elevation requirements, exceed elevation requirements for new construction, raise and reinforce seawalls and other adaptation strategies, ie flood panels and raising infrastructure, that support resiliency. Page 291 of 376 6. Local Authority and Unfunded Mandates The City opposes legislation that would impact home rule powers of municipal governments or in any way reduces local control and authority, as well as any efforts to pass additional costs from the state down to the City. The City supports all efforts made to identify and reduce the number of unfunded mandates imposed on local government. 7. Florida's Fire Safety Standards The City supports legislation that amends Florida's Fire Safety Standards to preserve architecturally significant building features. 8. Casino Gambling The City strongly opposes any Bills related to casino gambling, and re-affirms the City's long-standing policy against casino gambling. 9. Preserve Beaches/Beach Renourishment The City supports legislation that provides additional funding to preserve and repair the state's beaches. 10. Support Miami-Dade County Public Schools Legislative Priorities Support the 2017 Miami-Dade county public schools' state legislative priorities; to urge Florida Governor Rick Scott and the Members of the Florida Legislature to increase per pupil education funding in Florida public schools to equal or exceed the national average of approximately $11,009 per pupil and to continue to fund early childhood education programs. 11. Texting While Driving The City urges Governor Rick Scott and the Members of the Florida Legislature to enact legislation that would make texting while driving a primary offense. LEGISLATION TO BE MONITORED Legislation regarding the following issues will be monitored: • Education/Early Childhood Funding/Class Size Amendment • Alternative and Renewable Energy including Wind and Solar Energy • Protect condominium owners • State Housing Initiatives Partnership (SHIP) Program • Enterprise Zones • Film Incentives /Enterprise Florida • Medical Marijuana • Telecommunications/Wireless Communications • Tourism-related Issues • LGBTQ Issues • Body Cameras • Senior Programs • Waterways and Water Regulations/Mooring Issues • Community Redevelopment Agencies (CRA) Legislation Page 292 of 376 • Beach Re-nourishment/Erosion Protection • Resiliency and Environmental Sustainability /Alternative Energy • Public Private Partnerships • Red light cameras • Plastic Bags • Workforce & Affordable Housing • Affordable Workspace • Technology Education Opportunities • Education Accountability • Florida Workers' Compensation Reform • Monitor and provide input to the Select Committee on Hurricane Response and Preparedness APPROPRIATIONS REQUESTS The following Appropriations Requests will be submitted: 1. Supervisory control and data acquisition (SCADA) system • SCADA system upgrades to monitor, control and manage the City's water, wastewater and storm water pumps and piping systems. 2. North Beach Neighborhood Improvements • Replace the old, undersized water distribution system; the City will upgrade to 8" wide water pipes as required by the Fire District to provide adequate water for fire flow. • The new system will be more reliable with fewer water main breaks. 3. Inclusionary Aides • Funding for inclusionary aides for afterschool and summer camp programs for youth and children with special needs. 4. Intelligent Transportation System (ITS) and Smart Parking System (SPS) • Funding for ITS and SPS Implementation. 5. North Beach Business Incubator Protect • Includes funding for relocation/restoration of the Log Cabin. Page 293 of 376 FUNDING OPPORTUNITIES Funding is sought for the following projects/programs: • Education Programs • State Housing Initiatives Program (SHIP) Funding • Workforce and Affordable Housing • Historic Preservation • Planning for Resiliency/Mitigation • Security Cameras • Transportation • Film Incentives Page 294 of 376 Resolutions - R7 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI B EACH, FL OR IDA, (1) AP PRO VING AN D AUT HORIZ ING T H E MAYOR AN D C IT Y CL ERK T O EXE C U T E A SE T T LEME N T AGRE EME NT BET WE EN T HE CIT Y OF MIAMI BEACH, FL OR IDA AND SUNT R UST B AN K, N.A. WIT H RE SPECT TO T HE 2016 T HE F T OF FUN D S T HAT OCCURRE D FROM ONE O F T H E C IT Y’S SUNT RUST AC C OUNT S, INCL U D ING, AM ONG OT H ER T E RMS, A PAYMENT BY SUNT RUST TO T H E C IT Y IN T HE MIN IMUM AMOU N T OF $515,159.00; (2) APP ROVING AND AUT HORIZ ING T HE MAYOR AN D CIT Y CL ERK T O EXE C U T E AMENDMENT NO. 1 T O T HE T RE ASURY MANAGEME NT MAS T E R AGRE EMENT B ET WEE N T H E CIT Y AND S U NT RUST B AN K, N.A., D AT E D F EB RUARY 1, 2013, F O R T H E PRO VIS ION OF VARIOUS BANK ING S ERVICE S, INCORPORAT ING T H E T E R MS OF T HE S ET T L EMENT AG R EE MENT; (3) APP ROVING A T E R M SHEE T F OR A GLOB AL SE T T LE MENT AG R EE MENT AMONG T HE CIT Y, SUNT R U ST B AN K, N.A., S T R MARKE T P LACE, L LC., AN D BANK OF AME R ICA, N.A., WIT H RE SPECT TO T HE 2016 T HE F T OF F U N D S, INCL UDING, AMONG OT H ER T ERMS, A PAY M ENT BY S T R MARK ET PL AC E, LL C TO T H E C IT Y IN T H E AMOU NT OF $900,000.00; (4) AU T HO R IZIN G T HE MAYOR AND CIT Y CL ERK T O E XECUT E T HE GL OB AL SE T T LE MENT AGRE EMENT (CONS IS T E N T WIT H T H E T ERM SHEET APP R OVE D H ERE IN), IN A FO R M AC C EP TAB LE TO T H E C IT Y AT TOR N EY; AND (5) RAT IFY ING ALL AC T IONS UNDERTAKE N BY T H E CIT Y MANAG ER WIT H RE SP ECT TO T HE R ECOVERY OF T HE CIT Y’S F U N D S STOLE N FROM T HE CIT Y’S SUNT R U ST AC C OUNT. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) Legislativ e Tracking Finance Page 295 of 376 N ew B usiness and Commission Requests - R 9 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:D IS CUSSION RE GARDING T HE F INAL R EP ORT AN D RECOMME N D AT IONS MADE B Y T HE MAY OR’S AD HOC BL UE R IB BO N ST EE RING CO M M IT T E E ON T HE CONVE N T ION C ENT ER HOT EL. R ECO MMENDATI ON B A C K GROUND In March 2016, a referendum of the voters of the City of Miami Beach to approve a lease for a Convention Center Headquarter Hotel failed to reach the 60% threshold for approval. On April 29, 2016, recognizing the potential benefit and significant economic impact to the soon-to-be renovated Miami Beach Convention Center (M BCC) and the City as a whole, Mayor Philip Levine authorized the creation of an Ad Hoc Blue Ribbon Steering Committee on the Convention Center Headquarter Hotel as allowed by Section 2-23 of the City Code. T he mission of the committee was stated in the Mayor ’s memo creating the Committee as: T he Committee shall have the purpose of openly and fairly engaging the community in the development of a plan to build a Convention Center Headquarter Hotel that will meet the needs of the community and the newly expanded Convention Center T hrough a memorandum to the City Commission, the Mayor created this seven-member committee by appointing two Commissioners to lead the committee and granting himself and each of the remaining City Commissioners an appointment to the committee. T he Committee ultimately was set with the following members: · Chair – Commissioner Ricky Arriola · Vice Chair – Commissioner Kristen Rosen Gonzalez · Jorge Exposito (Appointment of Mayor Levine) · Saul Gross (Appointment of Commissioner Aleman) · Debra Leibowitz (Appointment of Commissioner Grieco) · Paul Freeman (Appointment of Commissioner Malakoff) · Leslie Tobin (resigned 3/20/17) (Appointment of Commissioner Steinberg) · Frank Kruszewski (appointed 4/4/17 to replace Leslie Tobin) (Appointment of Commissioner Steinberg) T he Committee was authorized through April 30, 2017, a period which was extended by Mayor Levine to July 31, 2017 to accommodate additional fact-finding and review by the Committee. T he Committee was charged with three primary objectives: 1 . Obtaining input and feedback from the public (residents, property owners, business Page 296 of 376 owners, and visitors) regarding the need for a Convention Center Headquarter Hotel 2 . Disseminating information at its meetings on behalf of the City to the public (residents, property owners, business owners, and visitors) regarding the need for a Convention Center Headquarter Hotel 3 . Providing recommendations to the Mayor and City Commission regarding a new Convention Center Headquarter Hotel development plan that might achieve the 60% voter approval threshold. T he Committee met on twelve separate occasions between May 9, 2016 and June 1, 2017 to determine issues of importance to the public, research these issues, and formulate recommendations to the Mayor and Commission. In addition, the Committee, through the City, commissioned a survey of City of Miami Beach voters, conducted by the Metropolitan Center at Florida International University, to identify the issues of concern to the public regarding a Convention Center Headquarter Hotel. T hrough public input and based upon the results of the voter survey, the Committee identified the following three issues of concern to the public: 1. T he hotel’s potential impact on traffic. 2 . Design, height, compatibility with the neighborhood and location of the hotel, including possible expansion of footprint to include the Jackie Gleason T heater site 3. An independent assessment of the need for a Convention Center Headquarter Hotel. A N A LY SI S As the Committee was focused on a subjective and expert opinion in regards to the need for a headquarter hotel, the Committee requested the Greater Miami Convention & Visitors Bureau (GMCVB) engage an outside consultant to provide a professional and objective analysis. From inception, the Committee’s meetings focused largely on community input and the findings of this independent needs assessment consultant. T he public and relevant experts, outside consultants, and persons with specific knowledge were asked to present and/or appear before the Committee to offer their input and ideas on how to address these issues of concern to the public. T he last several meetings were dedicated to the summary of findings from the independent consultant. T he GMCVB engaged Convention Sports and Leisure (C SL) as the outside consultant that conducted a study on the potential need for a headquarter hotel to support the Miami Beach Convention Center. T he study compared the size of the convention center and overall convention activity with comparable cities. CSL also developed the optimal size of a headquarter based a review of what would give the Miami Beach Convention Center a competitive hotel package given the targeted size of future conventions. Based on this, C SL completed a survey of meeting planners to solicit feedback on the optimal and desirable size and capacity of the potential headquarter hotel. T he conclusion of the CS L study was that an 800-1,000 room headquarter hotel is critical to position Miami Beach as a viable destination for conventions in the future. T he Committee’s analysis and discussion of the outside consultant’s report, coupled with the recent work completed by the GMCVB to identify prospective conventions, validates the overall need for a headquarter hotel. Of those prospects, 34 have already declined to consider Miami Beach because of the lack of a headquarter hotel and the overall challenging hotel package. T his equates to more than $128 million dollars in economic impact lost to the Miami Beach community (see appendix). In addition, the optimal capacity of the M BCC, according to the outside consultant’s work, is 21 conventions annually. T his represents 15 more than what was secured in the 2015-2016 fiscal year. Recently, the G MC VB has been working to identify new convention prospects and have nearly 1,000 new prospect conventions interested in coming to Miami Beach. However, the primary factor needed to convert these new prospects into secured business at the MB CC is through a potential Page 297 of 376 headquarter hotel. Achieving the optimal conventions as noted above, will substantially reduce traffic around the Convention Center. T he new booking policy at the Convention Center puts the priority on securing high value conventions and the lowest priority on local events with minimal economic generation, which are the high traffic events. T he Committee spent substantial time on this issue with the outside consultant – and determined the need for a public education forum on the difference between convention shows (high volume hotel room bookings; low to no traffic impact) and trade shows (low to no hotel room bookings and high traffic and congestion impact). Should the headquarter hotel come online, the consultant estimated that less than 20% of bookings at MB C C would be utilized by trade show events compared to approximately 60% of the current bookings. T his shift toward convention business coupled with the new booking policy will create a tangible mitigation of traffic and will have a bottom line positive effect on overall revenues for the City of Miami Beach. Also of note from the consultant’s analysis is the room block agreement with the hotel developer. T his agreement is critical and essential to ensure the success of a headquarter hotel. A room block agreement stipulating the minimum amount of room available for convention bookings will allow M BCC to become a competitive entity in prospecting and confirming highly sought after conventions. As an area of concern over design, height, and compatibility with the neighborhood, the following four potential sites for a Convention Center Headquarter Hotel were proposed: 1. T he parking lot adjacent to the Jackie Gleason T heater (site of the previous proposal) 2. T he parking lot across the street from the Convention Center 3. T he 17th Street Parking Garage 4 . T he parking lot next to the Jackie Gleason T heater and the land on which the T heater is on After all four sites were presented to the Committee; the members deemed that Site 4, the parking lot next to the Jackie Gleason T heater and the land on which the theater currently sits would be the best parcel to develop in order to meet the height restrictions and size requirements. In order to fully assess whether or not a Convention Center Headquarter Hotel that met the height and sizing restrictions could fit on the selected site, the Committee requested a massing study that illustrated a hotel at the selected site given the height limitations. T his study confirmed that a hotel could be developed with the desired number of rooms and stay well under the 185 feet height goal that has been set and validated in community discussions. As a staple in the community, the Committee discussed and proposed that if the selected site is to house the Convention Center Headquarter Hotel, then there should be a replacement and rebuilding of the Jackie Gleason T heater. Potential designs for the Convention Center Headquarter Hotel that would accommodate a new Jackie Gleason T heater could be developed separately but in conjunction with the hotel through an array of funding mechanisms, such as a public-private model. It is imperative to note that through this process and the Committee’s dedication and diligence, there is an opportunity to test a stronger, more refined message in the community. T hroughout the year, the Committee gained much stronger insight and knowledge on the complex business balance between convention and trade bookings; traffic and the MBCC new booking policy; and ultimately the critical role of a Miami Beach Convention Center Hotel in the revenue stream for the Miami Beach Convention Center, and more widely for the City and community of Miami Beach. C OMMI TTE E RECCOMME N D AT I ONS: Page 298 of 376 Based upon all of the data and feedback received, the Committee concludes and recommends the following: 1 . It is critical to the City and the Miami Beach Convention Center that the construction of a Convention Center Hotel be pursued. T he following are recommendations regarding the size, footprint, community impact, and general planning: a . T he headquarter hotel should contain between 800-1,000 rooms to maximize the number of conventions and promote a business mix that would reduce the number of consumer/trade shows, which cause traffic issues and increase the number of convention shows which bring greater revenue and less traffic to the City; b. T he hotel should be compatible with its surrounding neighborhood by measuring no more than 185 feet in height (the height of the Clock Tower Building on Lincoln Road); c . T he hotel should be located on land between Washington Avenue and Convention Center Drive north of 17th Street, which is currently occupied by a parking lot, the 555 17th Street building, and the Jackie Gleason T heater. Increasing the size of the land will support the desired height guidelines by allowing a reduction in the height and mass of the hotel; d . Best efforts should be made to engage a world-class architect to promote the creation of an iconic design; e. T he design should maximize the number of vehicular access points to the hotel and theater campus in order to distribute vehicular traffic in the area and minimize impacts on the nearby residential communities; f . T he hotel should have sufficient parking for visitors and employees as required by City Code. 2. T he Convention Center Hotel lease should specifically contain: a . A guaranteed room block agreement allocating at least 80% of the Convention Center Hotel’s rooms for Convention Center events and which is designed so that it runs in perpetuity and cannot be eliminated or significantly altered by the City Commission. b. A provision that no gambling of any kind will be allowed at the hotel or on the site. 3. If the Jackie Gleason site is utilized, it is critical that a new state-of-the-art Jackie Gleason T heater be constructed that is of similar size and function. T he new Gleason T heater should be a flexible space available for use during the day by Convention Center shows. 4 . T he City should develop a detailed public information plan, to include hosting public informational meetings and the utilization of other methods to disseminate information in order to share with the public: a. Current and future traffic mitigation strategies b. Design aspects of the hotel c . An explanation and commitment to the convention center ’s new booking policy that prioritizes conventions over consumer/trade shows and the positive impact on traffic and City revenue which will result from this new policy d . T he independent consultant’s rationale, research, and exhaustive comparison reports substantiating the need for a Convention Center Hotel 5 . In order to determine if the project is on the right path, the Committee recommends the City Commission may consider a straw ballot to gauge public sentiment before seeking a hotel developer. T he straw ballot should be held following the creation of the alternative site plan and following the public information campaign. Page 299 of 376 6 . T he Committee recommends that the hotel be placed on the ballot for the August 2018 Primary Elections. 7 . Upon acceptance of the recommendations above, it is further suggested that the Ad Hoc Blue Ribbon Steering Committee on the Convention Center Headquarter Hotel be extended for a six month period to conduct community outreach and education sessions. Understanding that a new headquarter hotel plan would need the support of more than 60% of voters, the Committee believes it is critical to reach out to the public to engage in a thoughtful education process on the many issues discussed above. T his effort may be supplemented by assistance from City staff or a consultant to ensure all relevant information is presented to the public in a clear, concise, and easy to understand manner. C ONCLUS I ON: Administration is seeking direction as to whether the Commission wishes to adopt the Recommendations of the Ad Hoc Blue Ribbon Steering Committee on the Miami Beach Convention Center Hotel. KB/E S/VPC Legislativ e Tracking Tourism, Culture, and Economic Development AT TAC H ME N T S: Description Draft Report Additional I nformation Page 300 of 376 DRAFT REPORT OF THE MAYOR’S AD HOC BLUE RIBBON STEERING COMMITTEE ON THE CONVENTION CENTER HOTEL June 1, 2017 Page 301 of 376 2 Executive Summary and Recommendations This report and summary of recommendations is the result of an in-depth and inclusive process on behalf of the City of Miami Beach to determine the appropriate next steps for the potential development of a Convention Center Headquarter Hotel to service the Miami Beach Convention Center (Center). The recommendations contained within are based on feedback from residents, third-party consultant data and detailed competitive research used to inform the decision-making process of the City. Committee Formation and Background In March 2016, a referendum of the voters of the City of Miami Beach to approve a lease for a Convention Center Headquarter Hotel failed to reach the 60% threshold for approval. On April 29, 2016, recognizing the potential benefit and significant economic impact to the soon-to-be renovated Miami Beach Convention Center (MBCC) and the City as a whole, Mayor Philip Levine authorized the creation of an Ad Hoc Blue Ribbon Steering Committee on the Convention Center Headquarter Hotel as allowed by Section 2-23 of the City Code. The mission of the committee was stated in the Mayor’s memo creating the Committee as: The Committee shall have the purpose of openly and fairly engaging the community in the development of a plan to build a Convention Center Headquarter Hotel that will meet the needs of the community and the newly expanded Convention Center Through a memorandum to the City Commission, the Mayor created this seven-member committee by appointing two Commissioners to lead the committee and granting himself and each of the remaining City Commissioners an appointment to the committee. The Committee ultimately was set with the following members:  Chair – Commissioner Ricky Arriola  Vice Chair – Commissioner Kristen Rosen Gonzalez  Jorge Exposito (Appointment of Mayor Levine)  Saul Gross (Appointment of Commissioner Aleman)  Debra Leibowitz (Appointment of Commissioner Grieco)  Paul Freeman (Appointment of Commissioner Malakoff)  Leslie Tobin (resigned 3/20/17) (Appointment of Commissioner Steinberg)  Frank Kruszewski (appointed 4/4/17 to replace Leslie Tobin) (Appointment of Commissioner Steinberg) Page 302 of 376 3 The Committee was authorized through April 30, 2017, a period which was extended by Mayor Levine to July 31, 2017 to accommodate additional fact-finding and review by the Committee. The Committee was charged with three primary objectives: 1. Obtaining input and feedback from the public (residents, property owners, business owners, and visitors) regarding the need for a Convention Center Headquarter Hotel 2. Disseminating information at its meetings on behalf of the City to the public (residents, property owners, business owners, and visitors) regarding the need for a Convention Center Headquarter Hotel 3. Providing recommendations to the Mayor and City Commission regarding a new Convention Center Headquarter Hotel development plan that might achieve the 60% voter approval threshold. The Committee met on twelve separate occasions between May 9, 2016 and June 1, 2017 to determine issues of importance to the public, research these issues, and formulate recommendations to the Mayor and Commission. In addition, the Committee, through the City, commissioned a survey of City of Miami Beach voters, conducted by the Metropolitan Center at Florida International University, to identify the issues of concern to the public regarding a Convention Center Headquarter Hotel. Through public input and based upon the results of the voter survey, the Committee identified the following three issues of concern to the public: 1. The hotel’s potential impact on traffic. 2. Design, height, compatibility with the neighborhood and location of the hotel, including possible expansion of footprint to include the Jackie Gleason Theater site 3. An independent assessment of the need for a Convention Center Headquarter Hotel. Committee Recommendations The Committee’s meetings focused on fashioning a plan that would receive the support of more than 60% of voters. The public and relevant experts, outside consultants and persons with specific knowledge were asked to present and/or appear before the Committee to offer their input and ideas on how to address these issues of concern to the public. Based upon all of the data and feedback received, the Committee concludes and recommends the following: 1. It is critical to the City and the Miami Beach Convention Center that the construction of a Convention Center Hotel be pursued. The following are recommendations regarding the size, footprint, community impact, and general planning: a. The headquarter hotel should contain between 800-1,000 rooms to maximize the number of conventions and promote a business mix that would reduce the number of Page 303 of 376 4 consumer/trade shows, which cause traffic issues and increase the number of convention shows which bring greater revenue and less traffic to the City; b. The hotel should be compatible with its surrounding neighborhood by measuring no more than 185 feet in height (the height of the Clock Tower Building on Lincoln Road); c. The hotel should be located on land between Washington Avenue and Convention Center Drive north of 17th Street, which is currently occupied by a parking lot, the 555 17th Street building, and the Jackie Gleason Theater. Increasing the size of the land will support the desired height guidelines by allowing a reduction in the height and mass of the hotel; d. Best efforts should be made to engage a world-class architect to promote the creation of an iconic design; e. The design should maximize the number of vehicular access points to the hotel and theater campus in order to distribute vehicular traffic in the area and minimize impacts on the nearby residential communities; f. The hotel should have sufficient parking for visitors and employees as required by City Code. 2. The Convention Center Hotel lease should specifically contain: a. A guaranteed room block agreement allocating at least 80% of the Convention Center Hotel’s rooms for Convention Center events and which is designed so that it runs in perpetuity and cannot be eliminated or significantly altered by the City Commission. b. A provision that no gambling of any kind will be allowed at the hotel or on the site. 3. If the Jackie Gleason site is utilized, it is critical that a new state-of-the-art Jackie Gleason Theater be constructed that is of similar size and function. The new Gleason Theater should be a flexible space available for use during the day by Convention Center shows. 4. The City should develop a detailed public information plan, to include hosting public informational meetings and the utilization of other methods to disseminate information in order to share with the public: a. Current and future traffic mitigation strategies b. Design aspects of the hotel c. An explanation and commitment to the convention center’s new booking policy that prioritizes conventions over consumer/trade shows and the positive impact on traffic and City revenue which will result from this new policy d. The independent consultant’s rationale, research, and exhaustive comparison reports substantiating the need for a Convention Center Hotel 5. In order to determine if the project is on the right path, the Committee recommends the City Commission may consider a straw ballot to gauge public sentiment before seeking a hotel developer. The straw ballot should be held following the creation of the alternative site plan and following the public information campaign. Page 304 of 376 5 6. The Committee recommends that the hotel be placed on the ballot for the August 2018 Primary Elections. 7. Upon acceptance of the recommendations above, it is further suggested that the Ad Hoc Blue Ribbon Steering Committee on the Convention Center Headquarter Hotel be extended for a six month period to conduct community outreach and education sessions. Understanding that a new headquarter hotel plan would need the support of more than 60% of voters, the Committee believes it is critical to reach out to the public to engage in a thoughtful education process on the many issues discussed above. This effort may be supplemented by assistance from City staff or a consultant to ensure all relevant information is presented to the public in a clear, concise, and easy to understand manner. Page 305 of 376 6 Traffic Mitigation Voters cited traffic as their top concern in the survey. Therefore, traffic mitigation related to the potential hotel was discussed at length. The City’s Transportation Department presented at several meetings and discussed the following issues related to traffic: 1. The difference in traffic impacts between booking conventions as compared to local shows. 2. Modeling showing the relatively small impact of additional visitors on the roadway network and on traffic. 3. A comprehensive plan for traffic mitigation including strategies currently being implemented and those specifically related to a new Convention Center Headquarter Hotel. 1. Positive Impact of Conventions One of the main reasons to pursue building a Convention Center Headquarter Hotel is to give the Greater Miami Convention and Visitor’s Bureau (GMCVB) greater ability to book conventions (high volume hotel room bookings; low to no traffic impact) rather than consumer shows (low to no hotel room bookings and high traffic and congestion impact). This change in the type of shows booked would have a positive impact on traffic in and around the Convention Center Headquarter Hotel for the following reasons: attendees at a convention primarily fly in from out of town; they arrive within 24 hours of the start of the convention by public conveyance; they stay for several days in a Miami Beach hotel; and they walk or use other modes of transportation to most of the area amenities. If a Convention Center Headquarter Hotel is built adjacent to the convention center, then by definition, all of the attendees staying at the new hotel will not need to drive to the convention center, thereby reducing traffic on the roadways. Overall, the convention event attendee puts a lesser strain on traffic and also spends a significant amount of money in local hotels, restaurants and shops which is a boon to Miami Beach businesses. By comparison, attendees at local shows are more likely to live within the South Florida area; they drive to the show in their personal vehicles and drive home; they generate a significant amount of traffic and they add little economic benefit to local Miami Beach businesses. The Committee felt it was of the utmost importance to educate the public on the differences in traffic impacts between a convention and a consumer show. The commitment to this is demonstrated in the new booking policy of the Convention Center. 2. Modeling showing the impact of additional visitors on traffic The Transportation Department presented their new modeling to the Committee (see Attachment) which shows the potential traffic impacts of both a 1,000 and an 800-room hotel at the PM peak hour and assumed 75% occupancy of the hotel. The key finding for the Alternative Site Plan was that new vehicular trips generated would only increase by approximately 3%. Page 306 of 376 7 The intersection at Alton Road and 17th Street was modeled to show typical impacts of the additional vehicles and traffic delays traveling through that intersection. The models showed minimal increased delays of 1.4 seconds with an 800 room hotel and 2.0 seconds for a hotel of 1,000 rooms. 3. Traffic Mitigation Plans The Transportation Department discussed implementing a comprehensive traffic mitigation plan including the following: a) Capacity improvements at Alton Road and 17th Street- 1. Convert northbound shared through/right to exclusive right turn lane 2. Add exclusive southbound right turn lane 3. Add an additional left turn lane to provide south bound dual left turn lanes b) Capacity improvements at Alton Road and N. Michigan Avenue 1. Improve westbound right turn radius (free flow lane) 2. Implement dual southbound left turn at Michigan Avenue and Alton Road c) Dedicated loading space for ride sharing vehicles. d) Shuttle service to and from the Airport. e) Intelligent Transportation System and Smart Parking System Project Implementation, including a Traffic Management Center to monitor and modify network conditions and messaging to motorists. f) A connected trolley system linking key hotels to the Convention Center to reduce required internal vehicular trips. g) A robust pedestrian wayfinding system from the proposed hotel to principal attractions. h) Increasing protected/connected bicycle facilities throughout the City as part of existing and future CIP and Public Works Projects. i) FDOT/City of Miami Beach Signal Retiming Project. Traffic Mitigation Conclusion The Committee concluded that the City must implement a comprehensive traffic mitigation plan that includes all of the strategies presented above. The City should also publicize the traffic mitigation measures it is already undertaking. The Committee further concluded that this mitigation strategy along with educating the public regarding the differences in traffic impacts between a convention and a consumer show would help reduce the public opposition to a new hotel. This will also be further enhanced with the public’s understanding of the new booking policy. Page 307 of 376 8 Design, Height, Compatibility with the Neighborhood and Location The results from the survey of voters indicated that design factors related to a hotel were of great concern including design, height compatibility with the neighborhood and location. Discussion focused on the questions of a hotel no taller than the existing Clock Tower Building on Lincoln Road. The Committee submitted this question for the survey specifically so that the respondents would have a comparison landmark. The Committee wanted to ensure this height, 185 feet, was not exceeded. As the City of Miami Beach is known for design and aesthetic, the design of a potential hotel is important to the community. The voter survey showed positive results when strong emphasis on design was considered. The Committee recommends that an iconic design be required in any proposer’s approach. Maria Hernandez, the City’s Capital Projects Director for the Convention Center renovation, appeared before the Committee to discuss the following four potential sites for a Convention Center Headquarter Hotel: 1. The Parking Lot Adjacent to the Jackie Gleason Theater (site of previous proposal) 2. The Parking Lot Across the Street from the Convention Center 3. The 17th Street Parking Garage 4. The Parking Lot Next to the Jackie Gleason Theater and the Land on which the Theater is on The determination was made that Site 4, the parking lot next to the Jackie Gleason Theater and the land on which the Jackie Gleason Theater sits, was the best parcel to meet the height restrictions and size requirements needed. The Jackie Gleason Theater Site The Committee therefore explored the feasibility of developing a potential hotel on Site 4. The Committee heard from Niesen Kasdin representing Live Nation. Mr. Kasdin indicated that Live Nation was open to discussing the option to rebuild the theater and renegotiate the terms of the current agreement. With this information, the Committee continued its discussion regarding the rebuilding concept. A previous proposal from several years ago to utilize the Jackie Gleason site and incorporate it into a hotel was met with resistance by the public. Issues were raised about removing the historic nature of the building and fear of losing the venue. The Committee had significant discussion regarding these matters and reached out to several key individuals who were part of previous community debates. The Committee heard from three key community leaders including: 1. Nancy Liebman Page 308 of 376 9 2. Dirk DeSousa 3. Daniel Ciraldo Discussion with these individuals surfaced key elements functionality and efficient and effective use of space. All three of these individuals agreed that rebuilding the Theater should be considered as the Theater is not eligible to be designated as an historic structure, but is an invaluable venue with popular programming and an asset to the community. The Committee discussed the issues surrounding the rebuilding concept including resident skepticism that the venue would actually be rebuilt if the existing facility were removed. To this end, the Committee discussed phasing of the construction to be amenable to rebuilding the Theater in a way that would mitigate the venue’s offline time as best as possible. The Committee has committed to keep this a priority through the process. In order to address past objections to the incorporation of the land currently occupied by the Jackie Gleason Theater into the Convention Center Headquarter Hotel site, the Committee had multiple meetings at which the Jackie Gleason stakeholders and the Preservation community were invited to comment on the plan. It became clear that for this option to be feasible, a new Jackie Gleason theater should be constructed of similar size to the current Theater. An Alternative Site Plan The Planning Department was asked to prepare a massing model and site plan showing what could occur at the selected site given the height limitation, the need to rebuild the Theater and traffic concerns. Rogelio Madan, Chief of Comprehensive Planning, presented to the Committee for discussion the results of the Planning Department’s Alternative Site Plan Study (See Attachment). The study concluded that a design could be created which met all of the requirements needed on the site. The study showed a complex with:  An 800-room hotel limited to 145 feet in height (12 stories)  91,000 sq. ft. of ballroom area  284 parking spaces  A theater building large enough to accommodate 2,600 seats The study also indicated that the building could be designed to have increasing setbacks from 17th street at various floors to reduce the mass of the building to pedestrians and vehicles. The campus could also have direct connection to the Convention Center building and could have an internal connection between the hotel, theater, ballrooms and the parking levels of the hotel. The Planning Department also worked with Transportation on the design presented, thus the Study also included:  A Regular vehicular drop-off location at the hotel front door on Convention Center Drive;  A Regular vehicular drop-off location at the parking entrance to the hotel on Convention Center Drive; Page 309 of 376 10  A vehicular drop-off site on 17th Street designed for taxis, buses, and Uber-style transportation systems. This would insure public conveyance of these types would have a dedicated, off-street location for drop-off and pick-up so as to not interfere with traffic circulation in the area.  A vehicular drop off and access driveway that went under the Theater to ensure that high-traffic period before and after shows could be accommodated and would help improve traffic circulation in the area. The Committee received and endorsed this study as it significantly met the limitations placed on the site and further reduced the impact of vehicles on area traffic congestion. Design, Height, Compatibility with the Neighborhood and Location Conclusion The Committee concluded the height of a new hotel should not exceed 185 feet. Additionally, the City should consider world-class design and aesthetics for the hotel. Lastly, the location of the new hotel should be on the land currently occupied by the Jackie Gleason Theater and the adjacent parking lot. It was specifically noted that if the Jackie Gleason site were to be used, a new Gleason Theater should be considered. The Committee further concluded that a combined Theater and parking lot site could be designed to meet all of the criteria they believe will encourage greater support for a Convention Center Headquarter Hotel. The Alternative Site Plan presented to the Committee by the Planning Department showed reduced massing on 17th Street, a hotel with a maximum height of 145 feet, significant parking, and potential for several access points to the hotel campus that would distribute traffic and allow for vehicles to divert from lanes of travel thus reducing impact on traffic flow in the area. The Committee also supports a commitment to build a new state-of-the-art Jackie Gleason theater with the same seating capacity as the existing facility and to minimize the Theater’s down time. The Committee agreed with the suggestion that the new theater be designed to be a landmark. Page 310 of 376 11 Hotel Needs Assessment The Committee recognized that one of the issues often brought up by the public was whether there is a need for a Convention Center Headquarter Hotel. The Committee wished to better understand the need for a Convention Center Headquarter Hotel and if there was a need, how many rooms would be ideal given the size and positioning of the Convention Center in the marketplace. The Committee engaged in discussions with representatives of the Greater Miami Convention and Visitors Bureau (GMCVB) and it was explained to the Committee that the need for a Convention Center Headquarter Hotel stems from the current challenges that the sales team faces when attempting to book a convention event in Miami Beach. The typical hotel package offering often require 10 or more hotels to satisfy one citywide group. This is an issue for national meeting and convention planners as the ease of doing business in Miami Beach becomes less desirable when compared to other convention destinations. If the room blocks each hotel is able to allocate are too small, then hotel room blocks at too many hotels are required, which makes planning the convention too difficult and as a result, the organizations will look elsewhere to host their event. Additionally, if the hotels are too far away from the meeting venue, this might also cause an organization to look elsewhere. In order to determine whether a Convention Center Headquarter Hotel is needed and if it is needed, how many rooms the hotel in Miami Beach would need, the GMCVB engaged Conventions, Sports and Leisure, International (CSL), a national consulting firm, to prepare a Hotel Needs Assessment Study on behalf of the Committee. To further ensure an independent study, the GMCVB turned oversight of the study to the Committee and allowed the Committee to directly manage CSL’s work. CSL met with the Committee three times over the course of the engagement and presented their findings at the April 24, 2017 Committee meeting. CSL researched and provided information related to: • How Miami Beach compares to competitive facilities • What Event Planners have to say about need for a Convention Center Hotel • Room Night Generation Potential for a Convention Center Headquarter Hotel • Hotel Financing • Room Block Agreement John Kaatz, Principal at CSL presented to the Committee findings related to these topics. He also presented the results of a survey of organizations that potentially would utilize the Miami Beach Convention Center for their event. A summary of the findings discussed include the following results: Between 65% and 80% of planners surveyed responded that an 800 to 1,000 -room Convention Center Headquarter Hotel would be ideal in Miami Beach. Nearly 75% of planners surveyed said they are less likely or would definitely not book Miami Beach if a Convention Center Headquarter Hotel was not developed. Page 311 of 376 12 This shows that the convention center would lose a significant amount of potential bookings without a hotel. Even more compelling is the current market activity; it was presented that in the last two years, the GMCVB has actively solicited, and track and prospective Conventions for the MBCC as well as the high percentage that will not come to Miami Beach without headquarter .This process has further highlighted the challenges faced in booking high impact conventions. As of March 2017, the GMCVB has added 955 prospects (conventions that have shown interest in Miami Beach) to the system and has 152 additional tentative events (conventions where MBCC space is being held) interested in booking the MBCC. The biggest issue the GMCVB has when it comes to converting these groups is the lack of a Convention Center Headquarter Hotel as it can take over 10 hotels to accommodate a convention group of 1,500 peak rooms or greater. This challenge is unique to Miami Beach, as most comparable destinations can achieve a 1,500-peak room block between one or two hotels. This affects the destination’s attractiveness and ultimately results in a current actual low conversion rate of around 4% overall. Of the 955 prospects in the GMCVB system, 716 are at risk to be lost due to not having a competitive hotel package. This has already proven to be detrimental to the City and the new Convention Center. To be more specific, the Committee heard that at the conclusion of the first year of the GMCVB’s new prospecting initiative, Fiscal Year ending October 2016, the sales team had lost 11 major convention bookings due directly to the lack of a Convention Center Headquarter Hotel and the challenging hotel package. These 11 lost convention events represented approximately 200,000 room nights and $61.5 million in economic impact to the City. As of March 2017, the GMCVB has lost 16 convention events, 50% of which were lost at least in part because of the hotel package and lack of a Convention Center Headquarter Hotel. The events lost already in this year represent 144,000 room nights on average and $44.7 million in economic impact (based on the $311 average spend). Another analysis discussed was room night generation citywide and average room rates that would be added to the market. At the recommended level of rooms (800-1,000) an estimated 203,000 new incremental room nights would be generated into the Miami Beach hotel market thus increasing direct spending and tax revenue collection. The study also analyzed room block agreements and found that it is critical to negotiate an appropriate room block agreement with any Convention Center Headquarter Hotel that continues in perpetuity. CSL indicated the key findings from their work on the Hotel Needs Assessment include: • An on-site hotel will be significantly and positively beneficial • Typical issues a city will have to address include public financial support and site challenges • Hotel pricing should not significantly impact demand, as long as the MBCC/Hotel package is competitive • Guaranteeing a room block agreement is critical to leveraging a new hotel • Continued on-going efforts toward “destination” enhancement for residents and visitors is important Page 312 of 376 13 Hotel Needs Assessment Conclusion After a full discussion and review of findings from the CSL study, and gaining an understanding of the current business that is interested in Miami Beach, but will not come without a Convention Center Headquarter Hotel, the Committee concluded that a Convention Center Headquarter Hotel is needed to effectively maximize the convention center and deliver wide ranging economic impacts to Miami Beach. It was further concluded that the ideal hotel size would be between 800 and 1,000 rooms. In this room range, convention center bookings would be maximized and other local hotels would benefit from overflow room bookings and increased room rates. Lastly, the additional visitors will contribute significant new expenditures at area restaurants and retail establishments. New or Enhanced Messaging The process that has been undertaken has enhanced the overall approach to the key issues raised by our community. This Committee’s scope has provided insight and deeper foundation of these issues and arms the City with more information to position a Convention Center Headquarter Hotel project to the public. Throughout the year, the Committee gained much stronger insight and knowledge on the complex business balance between convention and trade show bookings; traffic and the MBCC new booking policy; and ultimately the critical role of a Miami Beach Convention Center Hotel in enhancing the revenue stream for the Miami Beach Convention Center, and more widely for the City and community of Miami Beach. The data this Committee reviewed that will support the City’s efforts in a second attempt include: 1. Increased data on traffic mitigation with an opportunity to make a commitment to a booking policy, which will reduce unfavorable events from a traffic standpoint. 2. A reinforced argument with national trend data and real market intelligence from current and prospective customers, who have expressed interest in Miami Beach and will not come without a Convention Center Headquarter Hotel. 3. A validated site plan that responds to the concerns around height. 4. A commitment to a plan that will ultimately enhance the Jackie Gleason Theater for our community. This provides a strong foundation to go to the citizens and gain their support. Committee Conclusion and Summary The Committee is confident in the recommendations to continue to move this process forward. Based on all of the research and data provided, feedback from residents and recommendations from third- party consultants, the City of Miami Beach is uniquely positioned for success with the development of a Convention Center Headquarter Hotel. The addition of such an amenity would make the destination more desirable to national planners and bring significant incremental new room nights and tax revenue associated with them to the City of Miami Beach. A shift in the business mix to limit consumer shows Page 313 of 376 14 and encourage more conventions will help reduce traffic associated with the more local, day trips associated with consumer shows and increase spending by the multi-day convention attendees. In addition, those visitors would patronize local Miami Beach business and deliver significant economic impact into our community. ACTION ITEMS: Adoption of Recommendations July 29th – City Commission Meeting – the earliest date at which the recommendations could be approved by the City Commission Implementation of Recommendations: Public Information Effort: After the Alternative Site Plan has been accepted and approved by the City Commission, the public information effort should commence 3-4 weeks to place on City Commission agenda to authorize creation of public information package and public meetings and allocates City resources to the effort. 4-6 months to present to homeowner’s/condominium/neighborhood associations and host general public meetings Straw Ballot/Appropriate Surveying Method Following the conclusion of the public information effort and the incorporation of the public feedback into the alternative site plan, a straw ballot or other surveying method deemed appropriate by the City Commission should be created and presented to the public. Page 314 of 376 MIAMIBEACH FLORIDA’S24-HOURMARKETPLACE Lost Business: 34 bookings & more than $128 Million in revenue Page 315 of 376 MIAMIBEACH FLORIDA’S24-HOURMARKETPLACE City of Miami Beach Massing Study Page 316 of 376 MIAMIBEACH FLORIDA’S24-HOURMARKETPLACE Consumer Show vs. Convention Event Page 317 of 376 MIAMIBEACH FLORIDA’S24-HOURMARKETPLACE 4 High Profile Clients Weigh In A HQ hotel is what has been needed for some time in such a great city as Miami Beach…. It will definitely make you more competitive. Miami is a destination that comes up often as a potential location for meetings and events…. Having a large hotel connected to the convention center would put it in the running with other large convention-type cities. Page 318 of 376 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of 7 he City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT: ADDENDUM TO MAYOR'S AD HOC BLUE RIBBON STEERING COMMITTEE ON THE CONVENTION CENTER HOTEL FINAL REPORT BACKGROUND The following recommendations were made by the Mayor's Ad Hoc Blue Ribbon Steering Committee on the Convention Center Hotel and should be noted as additions to the Final Report, submitted with the discussion item at the July 26, 2017 Commission meeting. 1. The City should hire a professional planner to confirm that the alternative site plan developed by the City of Miami Beach Planning Department (and as proposed in the Final Report and Commission memo) is feasible. The planner should create a rendering of the alternative site plan as envisioned on the proposed site. 2. The City should investigate the reconstruction of the Jackie Gleason Theater as to cost, configuration, Live Nation lease, etc. A plan would then be developed to finance the reconstruction of the Gleason Theater. CONCLUSION: Administration wishes to put forward these additional recommendations for inclusion as part of the final report by the Mayor's Ad Hoc Blue Ribbon Steering Committee on the Convention Center Hotel. KB/ES Page 319 of 376 N ew B usiness and Commission Requests - R 9 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:U PDAT E ON T HE P R OP OS ED L OCAL HISTORIC D IS T RIC T S IN NORT H BE ACH. R ECO MMENDATI ON T he Administration recommends that the City Commission discuss the matter and provide appropriate policy direction. AN ALYS IS H I STORY On July 13, 2016, the City Commission discussed the creation of local historic districts within the boundaries of the North Shore and Normandy Isles National Register Districts. T he Administration was directed to begin the local designation process for the boundaries recommended in the draft North Beach Master Plan (MAP 1 & MAP 2 attached). Pursuant to the direction of the City Commission on July 13, 2016, the Planning Department submitted two applications to the Historic Preservation Board for the possible local historic designation of the North Shore Local Historic District and the Normandy Isles Local Historic District. T hese applications were consistent with the boundaries recommended in the draft North Beach Master Plan. On October 11, 2016, the Historic Preservation Board reviewed the preliminary evaluation report prepared by Planning staff and recommended that Historic Designation Reports be prepared in accordance with the following: North Shore Local Historic District: T he boundaries for designation shall be consistent with the area identified in the draft North Beach Master Plan (M AP 1) and design guidelines specific to the Local Historic District shall be developed as part of the future historic designation report, to allow for more flexibility and encourage sustainable and resilient development. Normandy Isles Local Historic District: T he boundaries for designation shall be consistent with the area identified in the draft North Beach Master Plan (M AP 2) and design guidelines specific to the Local Historic District shall be developed as part of the future historic designation report, to allow for more flexibility and encourage sustainable and resilient development. Pursuant to Section 118-591 of the City Code, when the Historic Preservation Board directs staff to Page 320 of 376 prepare a designation report for a proposed new historic district or site, the Mayor and City Commission are required to be notified of the board's decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation, as well as establish specific timeframes for the completion of the evaluation and recommendation and/or designation report. Within this 60 day period the City Commission may also, by a five-sevenths vote, deny or modify the proposed designation boundaries. T he City Commission was advised of the action of the Historic Preservation Board via LT C, and as part of a progress report on the demolition moratorium, presented at the October 19, 2016 City Commission meeting. On December 5, 2016, the Mayor and City Commission modified the boundaries for the proposed North Shore Local Historic District by removing the portion of the district along Tatum Waterway Drive and Crespi Boulevard (MAP 3). No action was taken with regard to modifying the boundaries for the proposed Normandy Isles Local Historic District. On September 25, 2017, the Mayor and City Commission adopted Resolution 2017-30013, reaffirming Resolution No. 2016-29608, which adopted the North Beach Master Plan as drafted by Dover, Kohl & Partners and commits to the implementation of the entirety of the Plan. T he Resolution adopted on September 25, 2017 contains the following ‘Whereas’ clause: W H E R E A S , consi stent wi th the Plan, the Mayor and Ci ty Commissi on now feel s that i t woul d be i n the City's best interest and desires to include the Tatum Waterway area i nto the North Shore Local Hi storic Di strict, and conti nue to create devel opment regulations for the distri cts that refl ect the character of these neighborhoods, whil e taki ng i nto consi derati on resi li ency and sea l evel ri se. On October 10, 2017, the Historic Preservation Board reviewed historic designation reports for the proposed North Shore and Normandy Isles local historic districts, as previously modified by the City Commission on December 5, 2016. At this meeting, the Board transmitted a favorable recommendation for both proposed historic districts, and directed staff to begin the process to include Tatum Waterway/Crespi Boulevard within an expansion of the North Shore Local Historic District. D ES I GNATI ON P ROCES S T he process of historic designation is delineated in Sections 118-591 through 118-593 in Subpart B of the Land Development Regulations of the City Code (Chapter 118, Article X, Division 4). T he following is an outline of this process: Step One: A request for designation is made either by the City Commission, the Historic Preservation Board, other agencies and organizations as listed in the Land Development Regulations of the City Code, or the property owners involved. Proposals for designation shall include a completed application form available from the Planning Department. Step Two: T he Planning Department prepares a preliminary evaluation report with recommendations for consideration by the Board. Step T hree: T he Historic Preservation Board considers the preliminary evaluation to determine if proceeding with a designation report is warranted. T he designation report is an historical and architectural analysis of the proposed district or site and addresses the following: Page 321 of 376 1) Describes the historic, architectural and/or archeological significance of the property or subject area proposed for Historical Site or District designation; 2) Recommends Evaluation Guidelines to be used by the Board to evaluate the appropriateness and compatibility of proposed Developments affecting the designated Site or District; and 3) Will serve as an attachment to the Land Development Regulations of the City Code. Step Four: T he City Commission is notified of the Board’s decision and the initial boundaries proposed for designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning Department to prepare a designation report, the City Commission may, by a five-sevenths vote, deny or modify the proposed request for designation. Step Five: T he designation report is presented to the Historic Preservation Board at a public hearing. If the Board determines that the proposed site or district satisfies the requirements for designation as set forth in the Land Development Regulations of the City Code, the Board transmits a recommendation in favor of designation to the Planning Board and City Commission. Step Six: T he Planning Board will hold a public hearing on the proposed designation, and shall consider the proposed historic designation as an amendment to the Land Development Regulations of the City Code and, subsequently, transmit its recommendation to the City Commission. Step Seven: T he City Commission may adopt an amendment to the Land Development Regulations of the City Code by a five-sevenths majority vote, which thereby designates the Historic Preservation Site or Historic District after one (1) public hearing for a parcel of land less than ten (10) contiguous acres or after two (2) public hearings for a parcel of land that is more than ten (10) contiguous acres. PLANNI NG A NALY SI S On October 10, 2017, the Historic Preservation Board was presented with a Resolution adopted by the City Commission on September 25, 2017 reaffirming the City’s commitment to implement the North Beach Master Plan in its entirely, including the local historic district designation of the area along the Tatum Waterway. T his area, which includes properties located on the west side of Tatum Waterway Drive and Byron Avenue from 77th Street to Crespi Boulevard and properties located on the north side of 85th Street between Crespi Boulevard and Byron Avenue, was removed from the boundaries of the proposed North Shore Local Historic District by the City Commission on December 5, 2016. Pursuant to Sec. 118-165 of the City Code, when a proposed change in district boundaries has been acted upon by the City Commission and disapproved or failed of passage, such proposed change, in the same or substantially similar form shall not be reconsidered by the City Commission for a period of at least one year following the date of such action. T herefore, in order to include the Tatum Waterway area within the North Shore Local Historic District, a new, separate application to expand the district will be required. Alternatively, the currently proposed historic designation could be withdrawn and a new application that includes the currently proposed boundaries, as well as the area along the Tatum Waterway, could be submitted. Any new application for historic district designation would be required to begin at step one, outlined above within the ‘Designation Process’ section of this memo, which consists of a preliminary evaluation of proposed district boundaries by the Historic Preservation Board. Page 322 of 376 On October 10, 2017, after reviewing the currently proposed historic designation reports, the Historic Preservation Board transmitted a favorable recommendation for both the proposed North Shore and Normandy Isles local historic districts. T he Board also directed staff to begin the process to include Tatum Waterway/Crespi Boulevard within an expansion of the North Shore Local Historic District. T he action of the Historic Preservation Board requires staff to present a preliminary evaluation regarding the expanded boundaries of the North Shore Local Historic District. Staff anticipates bringing this preliminary evaluation to the Historic Preservation Board in December. All of the normal, remaining steps for designation would then be followed. Since all of the research work for the Tatum Waterway has been completed as part of the previous processes, the designation of the expanded area is expected to move quickly. C O N C L U S IO N T he Administration recommends that the City Commission discuss the matter and provide appropriate policy direction. Legislativ e Tracking Planning AT TAC H ME N T S: Description MA P 1 - NS P roposed MA P 2 = NI P roposed MA P 3 - Tatum W aterway Proposed Page 323 of 376 87TH ST 75TH ST DICKENS AVECITY LIMIT 73RD STCOLLINS CT77TH ST 79TH ST 85TH ST 83TH ST T A T U M W A T E R W A YA T L A N T I C O C E A NCOLLINS AVEProposedNorth Shore Historic District HARDING AVEHARDING AVEPage 324 of 376 ProposedNormandy IslesHistoric District 7 1 S T S T B I S C A Y N EB A Y I N D I A N C R E E KN O R M A N D YW A T E R W A Y B I S C A Y N EB A Y 7 1 S T S TS SHORE D R IV E NORMANDY SHORESGOLF COURSE R A Y S T RUE NOT RE DAME RUE VERSAILLESB IA R R IT Z D R B A Y D R N O R M A N D Y D RMARSEILLES D R BREST ESPLINADE RS-2 ProposedNormandy IslesHistoric District N S H O R E D R B A Y D R B A Y D R Page 325 of 376 8 7 T H S T 7 5 T H S T DICKENS AVECRESPI BLVDC I T Y L I M I T 7 3 R D S TCOLLINS CT7 7 T H S T 7 9 T H S T 8 5 T H S T 8 3 T H S T T A T U M W A T E R W A YA T L A N T I C O C E A NCOLLINS AVEProposedNorth Shore Historic District HARDING AVEHARDING AVETATUM WATERWAY DRHAWTHORNE AVBYRON AVECRESPI BLVDTatum Waterwayarea Recommended for Local Designationin North BeachMasterplan BYRON AVECARLYLE AVE[ Page 326 of 376 N ew B usiness and Commission Requests - R 9 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:D IS CUSS C R EAT ING A D EDIC AT E D SOC CER FIEL D AT B IS C AYNE EL EME NTARY SCHO OL. R ECO MMENDATI ON C ommission direction on the construction of a soccer field on the jointly-owned land adjacent to B iscayne B ay E lementary. AN ALYS IS T he Parks and Recreation Department has a need for additional recreational field space. Given the City’s interest in revitalizing North Beach and North Beach Resident’s participation in soccer programs, recreational improvements would best service this area. T he City of Miami Beach and the School Board of Miami-Dade County jointly own a parcel of real property located adjacent to Biscayne Elementary School, for use of park and playground recreational purposes. Pursuant to the Joint Use Agreement between the City and the Board as referenced in Resolution No. 2001-24599 (Exhibit A), the City presently has the right to utilize Biscayne Elementary School’s playfield area, recreational facilities, and parking lot during after- school hours, when available. Administration is recommending the City look into the viability of building a soccer field within the shared land, adjacent to the School. At the time of this memo, staff is preparing cost estimates associated with the construction of a soccer field, including fencing and field upgrades. Legislativ e Tracking Parks and Recreation Sponsor Vice Mayor John Elizabeth Aleman AT TAC H ME N T S: Page 327 of 376 Description Exhibit A - Resolution No. 2001-24599 Page 328 of 376 RESOLUTION NO. 2001-24599 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY TO PERMIT THE SCHOOL BOARD TO CONSTRUCT CERTAIN RECREATIONAL IMPROVEMENTS ON THE JOINTLY OWNED PROPERTY ADJACENT TO BISCAYNE ELEMENTARY SCHOOL, SUBJECT TO AND CONDITIONED UPON EXECUTION BY THE SCHOOL BOARD'S AUTHORIZED REPRESENTATIVE OF THE TEMPORARY USE AGREEMENT FOR MIAMI BEACH SENIOR HIGH FURTHER PROVIDED FOR HEREIN; PROVIDING FOR TERMS AND CONDITIONS FOR THE USE OF THE JOINTLY OWNED PROPERTY AND PORTIONS OF PLAYFIELD LOCATED ON THE BISCAYNE ELEMENTARY SCHOOL PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY USE AGREEMENT WITH THE SCHOOL BOARD FOR TEMPORARY USE OF THE SERVICE ROAD AT MIAMI BEACH SENIOR HIGH SCHOOL TO FACILITATE ACCESS TO THE CITY'S PUBLIC WORKS YARD DURING THE CONSTRUCTION PROJECT AT FIRE STATION 2; AND SAID AUTHORIZATIONS BE SUBJECT TO NEGOTIATION AND PREPARATION OF THE FINAL DOCUMENTS BY THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE WHEREAS, the City of Miami Beach (the City) and the School Board of Miami-Dade County (the Board) jointly own a parcel of real property (the "Land") located adjacent to Biscayne Elementary School (the "School") as evidenced by that certain Warranty Deed dated September 25, 1972, for use of same for park and playground recreational purposes; and WHEREAS, the City and the Board intend to enter into this Joint Use Agreement ("Agreement") in order to allow the Board to construct certain recreational improvements on the Land, and to memorialize the terms and conditions under which the Land and the School playfield area and recreational facilities will be jointly used; and WHEREAS, the City and the Board are mutually interested in and concerned with providing and making available recreational programs, activities and facilities for the use and benefit of the students of Miami-Dade County Public Schools and the people of the City of Miami Beach; and WHEREAS, in order to properly serve the School's educational needs, it has become Page 329 of 376 desirable and necessary that certain recreational improvements be partially located on the Land, as well as on the School grounds; and WHEREAS, the Administration has also been striving to initiate construction of the Fire Station 2 project, and as such requires the use of the service road located on the Miami Beach Senior High School property for temporary access to the City's Public Works Yard during the period of said construction; and WHEREAS, the Administration and representatives of the School Board have agreed to develop a Temporary Use Agreement for temporary use of the service road at Miami Beach Senior High School to facilitate access to the City's Public Works Yard during the construction project at Fire Station 2; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the Mayor and City Clerk to execute a Joint Use Agreement by and between the City of Miami Beach and the School Board of Miami-Dade County to permit the School Board to construct certain recreational improvements on the jointly owned property adjacent to Biscayne Elementary School, subject to and conditioned upon execution by the School Board's authorized representative of the Temporary Use Agreement for Miami Beach Senior High further provided for herein; providing for terms and conditions for the use of the jointly owned property and portions of playfield located on the Biscayne Elementary School property; and further authorize the City Manager to negotiate and execute a Temporary Use Agreement with the School Board for temporary use of the service road at Miami Beach Senior High School to facilitate access to the City's Public Works Yard during the construction Project at Fire Station 2; and said authorizations be subject to negotiation and preparation of the final documents by the Administration and City Attorney's Office. PASSED AND ADOPTED this 20 th day of September , 2001. ATTEST: Immkt 2aA CITY CLERIC MAYOR TAAGENDA \ 2001 \ SEP2001 FtEGULAR B1SCELEM.RES 9/13/01 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION desirable and necessary that certain recreational improvements be partially located on the Land, as well as on the School grounds; and WHEREAS, the Administration has also been striving to initiate construction of the Fire Station 2 project, and as such requires the use of the service road located on the Miami Beach Senior High School property for temporary access to the City's Public Works Yard during the period of said construction; and WHEREAS, the Administration and representatives of the School Board have agreed to develop a Temporary Use Agreement for temporary use of the service road at Miami Beach Senior High School to facilitate access to the City's Public Works Yard during the construction project at Fire Station 2; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the Mayor and City Clerk to execute a Joint Use Agreement by and between the City of Miami Beach and the School Board of Miami-Dade County to permit the School Board to construct certain recreational improvements on the jointly owned property adjacent to Biscayne Elementary School, subject to and conditioned upon execution by the School Board' s authorized representative of the Temporary Use Agreement for Miami Beach Senior High further provided for herein; providing for terms and conditions for the use of the jointly owned property and portions of playfield located on the Biscayne Elementary School property; and further authorize the City Manager to negotiate and execute a Temporary Use Agreement with the School Board for temporary use of the service road at Miami Beach Senior High School to facilitate access to the City' s Public Works Yard during the construction Project at Fire Station 2; and said authorizations be subject to negotiation and preparation of the final documents by the Administration and City Attorney's Office.PASSED AND ADOPTED this 20th day of September, 2001.ATTEST: tfM~CITY CLERK AMAYOR T;\AGENDA \200 I \SEP200 1 \ REGULAR\BISCELEM. RES 9113/ 01 Page 330 of 376 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 httalmiami-beach.fLus COMMISSION MEMORANDUM TO: Mayor Nelsen 0. Kasdin and DATE: September 20, 2001 Members of the City Commission FROM: Jorge M. Gonzalez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY TO PERMIT THE SCHOOL BOARD TO CONSTRUCT CERTAIN RECREATIONAL IMPROVEMENTS ON THE JOINTLY OWNED PROPERTY ADJACENT TO BISCAYNE ELEMENTARY SCHOOL, SUBJECT TO AND CONDITIONED UPON EXECUTION BY THE SCHOOL BOARD'S AUTHORIZED REPRESENTATIVE OF THE TEMPORARY USE AGREEMENT FOR MIAMI BEACH SENIOR HIGH FURTHER PROVIDED FOR HEREIN; PROVIDING FOR TERMS AND CONDITIONS FOR THE USE OF THE JOINTLY OWNED PROPERTY AND PORTIONS OF PLAYFIELD LOCATED ON THE BISCAYNE ELEMENTARY SCHOOL PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY USE AGREEMENT WITH THE SCHOOL BOARD FOR TEMPORARY USE OF THE SERVICE ROAD AT MIAMI BEACH SENIOR HIGH SCHOOL TO FACILITATE ACCESS TO THE CITY'S PUBLIC WORKS YARD DURING THE CONSTRUCTION PROJECT AT FIRE STATION 2; AND SAID AUTHORIZATIONS BE SUBJECT TO NEGOTIATION AND PREPARATION OF THE FINAL DOCUMENTS BY THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Biscayne Elementary Joint Use Agreement Since 1972, the School Board of Miami-Dade County (Board) and the City of Miami Beach (City) have jointly owned a parcel of real property (Land) located adjacent to Biscayne Elementary School (School). The Warranty Deed associated with said Land requires that it be used for park and playground recreational purposes only. In order to serve the School's AGENDA ITEM e DATE — / c CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach. fl. us TO: FROM:SUBJECT: COMMISSION MEMORANDUM Mayor Neisen O. Kasdin and DATE: September 20, 2001 Members of the City Commission Jorge M. Gonzalez \ . ~City Manager () .... - U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY TO PERMIT THE SCHOOL BOARD TO CONSTRUCT CERTAIN RECREATIONAL IMPROVEMENTS ON THE JOINTLY OWNED PROPERTY ADJACENT TO BlSCA YNE ELEMENTARY SCHOOL, SUBJECT TO AND CONDITIONED UPON EXECUTION BY THE SCHOOL BOARD'S AUTHORIZED REPRESENTATIVE OF THE TEMPORARY USE AGREEMENT FOR MIAMI BEACH SENIOR HIGH FURTHER PROVIDED FOR HEREIN;PROVIDING FOR TERMS AND CONDITIONS FOR THE USE OF THE JOINTLY OWNED PROPERTY AND PORTIONS OF PLAYFIELD LOCATED ON THE BISCAYNE ELEMENTARY SCHOOL PROPERTY;AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY USE AGREEMENT WITH THE SCHOOL BOARD FOR TEMPORARY USE OF THE SERVICE ROAD AT MIAMI BEACH SENIOR HIGH SCHOOL TO FACILITATE ACCESS TO THE CITY'S PUBLIC WORKS YARD DURING THE CONSTRUCTION PROJECT AT FIRE STATION 2; AND SAID AUTHORIZATIONS BE SUBJECT TO NEGOTIATION AND PREPARATION OF THE FINAL DOCUMENTS BY THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE. ADMINISTRATION RECOMMENDATION:Adopt the Resolution.ANALYSIS: Biscayne Elementary Joint Use Agreement Since 1972, the School Board of Miami-Dade County (Board) and the City of Miami Beach City) have jointly owned a parcel of real property (Land) located adjacent to Biscayne Elementary School (School). The Warranty Deed associated with said Land requires that it be used for park and playground recreational purposes only. In order to serve the School's AGENDA Page 331 of 376 - 2 - educational needs, it has become necessary for the Board to construct a two-story classroom, multi-purpose courts and a parking facility on the School grounds. Due to the limited amount of available open space on the School site, the Board has requested to locate portions of the multi-purpose courts and parking facility on the Land (see attached location map). The City has negotiated the attached Joint Use Agreement with the Board to allow for it to construct certain recreational improvements on the Land and to memorialize the terms and conditions under which the Premises, which consists of the Land and the School's playfield area, recreational facilities and parking lot, which will be jointly used by the Board and the City. The salient terms and conditions of the Joint Use Agreement are as follows: a five-year term, which is automatically renewed for successive five-year periods, unless canceled or terminated in accordance with the terms of the Agreement; either party shall have the right to terminate the agreement at any time by providing the other party with one (1) year prior written notice; the Board, at its sole cost and expense, shall construct certain recreational improvements on the Premises, which include multi-purpose courts, parking facility, and playfield area; in so creating the recreational playfield, portions of which lye on the jointly owned property and portions of which lye on the School's property, the Board has agreed to remove a certain number of portable classrooms which currently exist on the Schools property. To the extent that there is growth in the school district's population which would require the need for additional classroom space to accommodate school children in the district, the Board retains the right to decrease the playfield, in the event it becomes necessary for the School to place additional portable classrooms on the area within the School property. the Board shall have the right to use the Land for temporary school parking and as a temporary staging area while constructing the two-story classroom, multi-purpose courts, parking facility, and playfield area. Upon completion of the construction, the Board shall restore the Land to at least the same condition as existed before construction of the improvements commenced; the Board, at its sole option, may construct additional educational and recreational improvements on the Board-owned portion of the Premises. The Board may also construct additional recreational improvements on the Land, subject to prior written approval of the City; the Board may use the Premises during regular school hours on regular school days, for special school events and functions, for after-care programs, for summer school, and at all other times except during the City's specific period of use; the City may use the Premises after school hours when available, by providing the School administrator with a minimum of seventy-two (72) hours prior written notice; 2-educational needs, it has become necessary for the Board to construct a two-story classroom,multi-purpose courts and a parking facility on the School grounds. Due to the limited amount of available open space on the School site, the Board has requested to locate portions of the multi-purpose courts and parking facility on the Land (see attached location map).The City has negotiated the attached Joint Use Agreement with the Board to allow for it to construct certain recreational improvements on the Land and to memorialize the terms and conditions under which the Premises, which consists of the Land and the School's playfield area, recreational facilities and parking lot, which will be jointly used by the Board and the City.The salient terms and conditions of the Joint Use Agreement are as follows:a five-year term, which is automatically renewed for successive five-year periods,unless canceled or terminated in accordance with the terms of the Agreement;either party shall have the right to terminate the agreement at any time by providing the other party with one (1) year prior written notice;the Board, at its sole cost and expense, shall construct certain recreational improvements on the Premises, which include multi-purpose courts, parking facility,and playfield area;in so creating the recreational playfield, portions of which lye on the jointly owned property and portions of which lye on the School's property, the Board has agreed to remove a certain number of portable classrooms which currently exist on the Schools property. To the extent that there is growth in the school district's population which would require the need for additional classroom space to accommodate school children in the district, the Board retains the right to decrease the play field, in the event it becomes necessary for the School to place additional portable classrooms on the area within the School property.the Board shall have the right to use the Land for temporary school parking and as a temporary staging area while constructing the two-story classroom, multi-purpose courts, parking facility, and playfield area. Upon completion of the construction, the Board shall restore the Land to at least the same condition as existed before construction of the improvements commenced;the Board, at its sole option, may construct additional educational and recreational improvements on the Board-owned portion of the Premises. The Board may also construct additional recreational improvements on the Land, subject to prior written approval of the City;the Board may use the Premises during regular school hours on regular school days,for special school events and functions, for after-care programs, for summer school,and at all other times except during the City's specific period of use;the City may use the Premises after school hours when available, by providing the School administrator with a minimum of seventy-two (72) hours Page 332 of 376 - 3 - • the Board shall pay all utility service charges for the Land, including all installation and connection charges. The City and the Board shall each pay one-half of any special assessments or related fees imposed on the Land, subject to Board approval and City Commission Approval; • the Board shall be responsible for all maintenance and upkeep of the Premises, and the improvements located thereon. The Board shall provide regular scheduled janitorial service, including litter pick-up and removal, at all times except during the City's specific period of use of the Premises. The City shall provide regular scheduled janitorial service, including litter pick-up and removal during its specific period of use of the Premises; • the City and the Board shall repair any equipment and facilities damaged during their respective period of use of the Premises; • any and all improvements constructed by either party on the Land shall be jointly owned by the City and the Board, and any and all improvements constructed by either party on the Board-owned portion of the Premises shall be the property of the Board; • upon the termination or cancellation of the agreement, the remaining party shall either retain ownership of all improvements constructed on the Land, or require the vacating party to remove them; • the Board and the City shall indemnify and hold each other harmless, to the extent of the limitations included within Florida Statutes, from all liability which may arise as a result of the use of the Premises; and • the Superintendent shall be the party designated by the Board to grant or deny all approvals required by this Joint Use Agreement, or to cancel this Joint Use Agreement. Miami Beach Senior High Temporary Access Agreement In light of the proposed construction project at Fire Station 2, which will limit access to the City's Public Works Yard, the City has requested that the Board provide temporary access through a portion of the Miami Beach Senior High School (High School) property to the Public Works Yard. In order to allow the City to stage its work in the most efficient manner and expedite its construction schedule, the City is requesting that the Board grant it use of the area immediately east of the High School service road as a means of ingress/egress to its Public Works Yard for work vehicles and approximately 70 City staff vehicles, for a period not to exceed 24 months. 3 -the Board shall pay all utility service charges for the Land, including all installation and connection charges. The City and the Board shall each pay one-half of any special assessments or related fees imposed on the Land, subject to Board approval and City Commission Approval;the Board shall be responsible for all maintenance and upkeep of the Premises, and the improvements located thereon. The Board shall provide regular scheduled janitorial service, including litter pick-up and removal, at all times except during the City's specific period of use of the Premises. The City shall provide regular scheduled janitorial service, including litter pick-up and removal during its specific period of use of the Premises;the City and the Board shall repair any equipment and facilities damaged during their respective period of use ofthe Premises;any and all improvements constructed by either party on the Land shall be jointly owned by the City and the Board, and any and all improvements constructed by either party on the Board-owned portion of the Premises shall be the property of the Board;upon the termination or cancellation of the agreement, the remaining party shall either retain ownership of all improvements constructed on the Land, or require the vacating party to remove them;the Board and the City shall indemnifY and hold each other harmless, to the extent of the limitations included within Florida Statutes, from all liability which may arise as a result ofthe use of the Premises; and the Superintendent shall be the party designated by the Board to grant or deny all approvals required by this Joint Use Agreement, or to cancel this Joint Use Agreement.Miami Beach Senior High Temporary Access Agreement In light of the proposed construction project at Fire Station 2, which will limit access to the City's Public Works Yard, the City has requested that the Board provide temporary access through a portion of the Miami Beach Senior High School (High School) property to the Public Works Yard.In order to allow the City to stage its work in the most efficient marmer and expedite its construction schedule, the City is requesting that the Board grant it use of the area immediately east of the High School service road as a means of ingress/egress to its Public Works Yard for work vehicles and approximately 70 City staff vehicles, for a period not Page 333 of 376 - 4 - The Temporary Use Agreement will include, substantially, the following terms and conditions: • the City will have access to only the area immediately east of the High School service road (Demised Area); • the City, at its sole cost and expense, shall remove a portion of the existing fence located east of the High School service road, and shall erect appropriate fencing alongside the edge of said service road in order to separate the Demised Area from the High School grounds; • the City, at its sole cost and expense, shall remove the trees located at the entrance of the High School service road on Prairie Avenue, and shall replace the same upon the expiration or cancellation of the temporary use agreement; • the City will indemnify and hold the Board harmless from all personal injury claims and real and personal property damage claims arising from its use of the Board- owned land and facilities; • the City's use of the Demised Area will be limited to ingress/egress to its property for work vehicles and approximately 70 City staff vehicles; • the City shall keep the Demised Area free and clear of any vehicles or equipment, other than during its period of use, and shall immediately remove any refuse or debris from the Demised Area generated as a result of its actions; • the City will immediately repair any damage to the Demised Area caused as a result of its actions; • the City, at its sole cost and expense, shall restore the Demised Area to the same or better condition as existed before the City's use thereof; • use of the Demised Area will be limited to a period not to exceed 24 months; and • the Superintendent may cancel this agreement if the City defaults under the agreement, and fails to immediately cure the default. The Administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the attached Joint Use Agreement between the City of Miami Beach and the School Board of Miami-Dade County as it relates to construction on and use of the jointly owned property adjacent to Biscayne Elementary School and the use of portions of the playfield located on the Biscayne Elementary School property. Moreover, the Administration recommends that the Mayor and City Commission authorize the City Manager to negotiate and execute a Temporary Use Agreement with the School Board for Temporary Use of the area immediately east of the service road at Miami Beach Senior High School to facilitate access to the 4-The Temporary Use Agreement will include, substantially, the following terms and conditions:the City will have access to only the area immediately east of the High School service road (Demised Area);the City, at its sole cost and expense, shall remove a portion ofthe existing fence located east of the High School service road, and shall erect appropriate fencing alongside the edge of said service road in order to separate the Demised Area from the High School grounds;the City, at its sole cost and expense, shall remove the trees located at the entrance of the High School service road on Prairie Avenue, and shall replace the same upon the expiration or cancellation of the temporary use agreement;the City will indemnify and hold the Board harmless from all personal injury claims and real and personal property damage claims arising from its use of the Board-owned land and facilities;the City's use of the Demised Area will be limited to ingress/egress to its property for work vehicles and approximately 70 City staff vehicles;the City shall keep the Demised Area free and clear of any vehicles or equipment,other than during its period of use, and shall immediately remove any refuse or debris from the Demised Area generated as a result of its actions;the City will immediately repair any damage to the Demised Area caused as a result of its actions;the City, at its sole cost and expense, shall restore the Demised Area to the same or better condition as existed before the City's use thereof;use of the Demised Area will be limited to a period not to exceed 24 months; and the Superintendent may cancel this agreement if the City defaults under the agreement, and fails to immediately cure the default.The Administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and City Clerk to execute the attached Joint Use Agreement between the City of Miami Beach and the School Board of Miami-Dade County as it relates to construction on and use of the jointly owned property adjacent to Biscayne Elementary School and the use of portions of the playfield located on the Biscayne Elementary School property. Moreover, the Administration recommends that the Mayor and City Commission authorize the City Manager to negotiate and execute a Temporary Use Agreement with the School Board for Temporary Use of the area immediately east of the service road at Miami Beach Senior High School to facilitate Page 334 of 376 City's Public Works Yard during the construction project at Fire Station 2, substantially in conformance with the terms and conditions set forth above. The Administration further recommends that the Mayor and City Commissions approval of both the Joint Use Agreement and Temporary Use Agreement be subject to negotiation and preparation of the final document• by the Administration and City Attorney's Office. JMG:Cq/C:T JD:rd Attachments kt2:5- T:kAGENDA \ 2001 \ SEP2001 \ REGULAR \ BISCELEM.MEM 9/13/01 City's Public Works Yard during the construction project at Fire Station 2, substantially in conformance with the terms and conditions set forth above.The Administration further recommends that the Mayor and City Commissions approval of both the Joint Use Agreement and Temporary Use Agreement be subject to negotiation and preparation of the final dO~~ by the Administration and City Attorney's Office.JMG:~:!"~; rd Attachments ~T:IAGENDA \2001 \SEPlOO I IREGULAR\BISCELEM. Page 335 of 376 JOINT USE AGREEMENT THIS JOINT USE AGREEMENT is made and entered into this 20th day of September, 2001, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter referred to as the "Board"). WITNESSETH WHEREAS, the City and the Board are mutually interested in and concerned with providing and making available recreational programs, activities and facilities for the use and benefit of the students of Miami-Dade County Public Schools and the people of the City of Miami Beach; and WHEREAS, the City and the Board jointly purchased a parcel of real property (the "Land") located adjacent to Biscayne Elementary School (the "School") as evidenced by that certain Warranty Deed dated September 25, 1972, a copy of which is attached as Exhibit "A" hereto and made a part hereof, for use of same for park and playground recreational purposes; and WHEREAS, in order to properly serve the School's educational needs, it has become desirable and necessary that certain recreational improvements be partially located on the Land, as well as on the School grounds; and WHEREAS, the City and the Board intend to enter into this Joint Use Agreement ("Agreement") in order to allow the Board to construct certain recreational improvements on the Land, and to memorialize the terms and conditions under which the Land and the School playfield area and recreational facilities will be jointly used; and WHEREAS, the City and the Board also intend to enter into a separate agreement to allow the City to use a portion of Miami Beach Senior High School, on a temporary basis, to facilitate access to the City's Public Works yard during the construction of Fire Station #2; and WHEREAS, the City Commission of the City of Miami Beach by the adoption of Resolution No. 2001-24599, at its meeting of September 20, 2001, approved this Agreement; and WHEREAS, the School Board of Miami-Dade County, Florida, has authorized this Agreement and the Miami Beach Senior High School Temporary Use Agreement in accordance with Board Action No. 1011 42.8 at its meeting of Septanber 12., 2001. 1 JOINT USE AGREEMENT THIS JOINT USE AGREEMENT is made and entered into this 20th day of September, 2001, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic ( hereinafter referred to as the " Board"). WITNESSETH WHEREAS, the City and the Board are mutually interested in and concerned with providing and making available recreational programs, activities and facilities for the use and benefit of the students of Miami-Dade County Public Schools and the people of the City of Miami Beach; and WHEREAS, the City and the Board jointly purchased a parcel of real property ( the Land") located adjacent to Biscayne Elementary School (the "School") as evidenced by that certain Warranty Deed dated September 25, 1972, a copy of which is attached as Exhibit "A" hereto and made a part hereof, for use of same for park and playground recreational purposes; and WHEREAS, in order to properly serve the School's educational needs, it has become desirable and necessary that certain recreational improvements be partially located on the Land, as well as on the School grounds; and WHEREAS, the City and the Board intend to enter into this Joint Use Agreement Agreement") in order to allow the Board to construct certain recreational improvements on the Land, and to memorialize the terms and conditions under which the Land and the School playfield area and recreational facilities will be jointly used; and WHEREAS, the City and the Board also intend to enter into a separate agreement to allow the City to use a portion of Miami Beach Senior High School, on a temporary basis, to facilitate access to the City's Public Works yard during the construction of Fire Station #2; and WHEREAS, the City Commission of the City of Miami Beach by the adoption of Resolution No. 2001-24599, at its meeting of September 20, 2001, approved this Agreement; and -WHEREAS, the School Board of Miami-Dade County, Florida, has authorized tflis Agreement and the Miami Beach Senior High School Temporary Use Agreement in ,:c:accordance with Board Page 336 of 376 NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. RECITALS The foregoing recitals are true and correct and are incorporated herein by reference. II. PREMISES TO BE JOINTLY USED The City and Board agree to jointly use the Land and the School playfield area and recreational facilities, as further described in Articles IV and V of this Agreement, lying and being in the County of Miami-Dade, State of Florida, and more particularly described in Exhibit "B" attached hereto and made a part hereof (the Land and the School playfield area and recreational facilities shall hereinafter be collectively referred to as the "Premises"). TERM This Agreement shall commence on the later date of School Board approval and City of Miami Beach Commission approval (the "Commencement Date"), and shall be for a term of five (5) years, and shall automatically renew at the end of said five (5) year term for successive five (5) year periods, unless canceled or terminated in accordance with Paragraphs XII and XVI hereinbelow. The City and Board shall confirm the Commencement Date in a separate written instrument which shall become a part of this Agreement by reference. IV. USE OF PREMISES The specific area of use by the City and Board shall be limited to the Premises, as identified in )chilEfl, and shall be used by the parties for the purpose of constructing recreational improvements thereon, as further defined in Article V of this Agreement, and for the operation of recreational and/or educational programs. The Board shall have full control, custody, right and use of the.Premises during regular school hours on regular school days, for special school events and functions, after- care, summer school, and at all other times except during the City's period of use. The City shall have full control, custody, right and use of the Premises during its specific period 2 NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. RECITALS The foregoing recitals are true and correct and are incorporated herein by reference. II. PREMISES TO BE JOINTLY USED The City and Board agree to jointly use the Land and the School playfield area and recreational facilities, as further described in Articles IV and V of this Agreement, lying and being in the County of Miami-Dade, State of Florida, and more particularly described in Exhibit "B" attached hereto and made a part hereof (the Land and the School playfield area and recreational facilities shall hereinafter be collectively referred to as the "Premises"). III. TERM This Agreement shall commence on the later date of School Board approval and City of Miami Beach Commission approval (the "Commencement Date"), and shall be for a term of five (5) years, and shall automatically renew at the end of said five (5) year term for successive five (5) year periods, unless canceled or terminated in accordance with Paragraphs XII and XVI hereinbelow. The City and Board shall confirm the Commencement Date in a separate written instrument which shall become a part of this Agreement by reference.IV. USE OF PREMISES The specific area of use by the City and Board shall be limited to the Premises, as identified in Exhibit "B", and shall be used by the parties for the purpose of constructing recreational improvements thereon, as further defined in Article V of this Agreement, and for the operation of recreational and/ or educational programs.The Board shall have full control, custody, right and use of the Premises during regular school hours on regular school days, for special school events and functions, after-care, summer school, and at all other times except during the City's period of use. The City shall have full control, custody, right and use of the Premises during Page 337 of 376 of use, which shall be reserved by the City in writing by providing a minimum of seventy- two (72) hours prior written notice to the school administrator, with such use being limited to after school hours on a space available basis. Neither party shall commit nor permit any violations of applicable laws, rules and regulations of the BOARD, CITY, COUNTY, STATE, or FEDERAL GOVERNMENT upon the Premises. The City and Board may promulgate and enforce reasonable rules and regulations governing their use of the Premises, and shall provide adequate supervision of the Premises during their period of use. V. FUTURE AND EXISTING IMPROVEMENTS The Board, at its sole cost and expense, shall construct certain improvements on the Premises, substantially in conformance with those improvements set forth on Exhibit "C" attached hereto and made a part hereof (the "Improvements"). The parties agree that the City may, at its option, install signage on the Premises indicating the hours of use or other public use restrictions, provided that such signage is mutually approved by the parties. The Board shall have the right to commence construction of the Improvements as of the Commencement Date. The Board shall remove and/or relocate a certain number of the portable classrooms located on the School grounds in order to make approximately 130x250 feet of open recreational space available as part of the Premises. In so doing, the Board agrees to relocate, at its sole cost and expense, the electrical transformers, and any other improvements, equipment, or structures in place as of the Commencement Date that would interfere with the development of the aforementioned recreational space, except for the two (2) portable classrooms located on the north end of the Land, and associated tot-lot and parking lot located on the Land. Notwithstanding the foregoing and to the extent that there is growth in the District's population which would require the need for additional classroom space, the parties agree that the size of the open recreational space may be decreased, at the Board's sole discretion, in the event it becomes necessary for the School to place additional portable classrooms on the area within the School grounds otherwise used as part of the open recreational space. The Board shall have the right to construct additional educational or recreational improvements on the School grounds, in the future, at its sole cost and expense, without the prior written approval of the City. The Board shall also have the right to construct additional recreational improvements on the Land, with the prior written approval of the City. The City shall have the right to construct additional recreational improvements on the Premises, in the future, at its sole cost and expense, subject to prior written approval 3 of use, which shall be reserved by the City in writing by providing a minimum of seventy- two (72) hours prior written notice to the school administrator, with such use being limited to after school hours on a space available basis.Neither party shall commit nor permit any violations of applicable laws, rules and regulations of the BOARD, CITY, COUNTY, STATE, or FEDERAL GOVERNMENT upon the Premises. The City and Board may promulgate and enforce reasonable rules and regulations governing their use of the Premises, and shall provide adequate supervision of the Premises during their period of use. V.FUTURE AND EXISTING IMPROVEMENTS The Board, at its sole cost and expense, shall construct certain improvements on the Premises, substantially in conformance with those improvements set forth on Exhibit C" attached hereto and made a part hereof (the "Improvements"). The parties agree that the City may, at its option, install signage on the Premises indicating the hours of use or other public use restrictions, provided that such signage is mutually approved by the parties. The Board shall have the right to commence construction of the Improvements as of the Commencement Date.The Board shall remove and/or relocate a certain number of the portable classrooms located on the School grounds in order to make approximately 130x250 feet of open recreational space available as part of the Premises. In so doing, the Board agrees to relocate, at its sole cost and expense, the electrical transformers, and any other improvements, equipment, or structures in place as of the Commencement Date that would interfere with the development of the aforementioned recreational space, except for the two (2) portable classrooms located on the north end of the Land, and associated tot-lot and parking lot located on the Land. Notwithstanding the foregoing and to the extent that there is growth in the District's population which would require the need for additional classroom space, the parties agree that the size of the open recreational space may be decreased, at the Board's sole discretion, in the event it becomes necessary for the School to place additional portable classrooms on the area within the School grounds otherwise used as part of the open recreational space.The Board shall have the right to construct additional educational or recreational improvements on the School grounds, in the future, at its sole cost and expense, without the prior written approval of the City. The Board shall also have the right to construct additional recreational improvements on the Land, with the prior written approval of the City.The City shall have the right to construct additional recreational improvements on the Premises, in the future, at its sole cost and expense, subject to prior Page 338 of 376 of the Board, or its designee. The parties further agree that any improvements constructed on the Premises by the City shall comply with the Board's construction and safety criteria. The City and Board agree to assign responsibility for Maintenance, Utilities and Damage or Destruction (under provisions of Articles VII, VIII and XVI) of any additional recreational improvements constructed by either party in the future as part of the approval process set forth above. The parties further agree, subject to the provisions of Article XVIII hereinbelow, that the Improvements, or any additional improvements constructed by either party 1) on the Land shall at all times jointly be the property of the City and the Board; 2) on the School shall at all times be the property of the Board. VI. TEMPORARY USE OF LAND BY BOARQ The Board shall have full access to the Land during construction of the Improvements, and shall have the right to use the Land for temporary school parking and as a temporary staging area, to the extent it is permitted by applicable law, while construction of the Improvements is ongoing. Upon completion of the Improvements, the Board agrees to restore the portion of the Land used as temporary parking and staging area to at least the same condition as existed before construction of the Improvements commenced, and as required to comply with all applicable municipal, County, State and Federal laws and regulations. VII. MAINTENANCE The Board shall be responsible for all repair, maintenance and upkeep of the Premises and the recreational improvements located thereon as of the Commencement Date, and shall keep all recreational facilities and equipment in a safe, clean and working condition. Notwithstanding the foregoing or the provisions of Article XVI of this Agreement, responsibility for the maintenance of the Premises shall be as follows: A. BOARD'S RESPONSIBILITIES 1. Provide regular scheduled janitorial service, including litter pick-up and removal, at all times except during the City's period of use; 2. Repair of equipment or facilities damaged during its period of use; 3. Repair and maintain the irrigation system serving the Premises; 4. Irrigation of Premises according to Miami-Dade County Public Schools routine maintenance schedule; 4 ofthe Board, or its designee. The parties further agree that any improvements constructed on the Premises by the City shall comply with the Board's construction and safety criteria. The City and Board agree to assign responsibility for Maintenance, Utilities and Damage or Destruction (under provisions of Articles VII, VIII and XVI) of any additional recreational improvements constructed by either party in the future as part of the approval process set forth above. The parties further agree, subject to the provisions of Article XVIII hereinbelow, that the Improvements, or any additional improvements constructed by either party 1) on the Land shall at all times jointly be the property of the City and the Board; 2) on the School shall at all times be the property of the Board.VI.TEMPORARY USE OF LAND BY BOARD The Board shall have full access to the Land during construction of the Improvements, and shall have the right to use the Land for temporary school parking and as a temporary staging area, to the extent it is permitted by applicable law, while construction of the Improvements is ongoing. Upon completion of the Improvements, the Board agrees to restore the portion of the Land used as temporary parking and staging area to at least the same condition as existed before construction of the Improvements commenced, and as required to comply with all applicable municipal, County, State and Federal laws and regulations. VII.MAINTENANCE The Board shall be responsible for all repair, maintenance and upkeep of the Premises and the recreational improvements located thereon as of the Commencement Date, and shall keep all recreational facilities and equipment in a safe, clean and working condition. Notwithstanding the foregoing or the provisions of Article XVI of this Agreement,responsibility for the maintenance of the Premises shall be as follows:A. BOARD' S RESPONSIBILITIES 1. Provide regular scheduled janitorial service, including litter pick-up and removal, at all times except during the City's period of use;2. Repair of equipment or facilities damaged during its period of use;3. Repair and maintain the irrigation system serving the Premises;4. Irrigation of Premises according to Miami-Dade Page 339 of 376 5. Trim and maintain trees and shrubs; 6. Mowing, edging and trimming of Premises according to Miami-Dade County Public Schools routine turf maintenance schedule; and 7. Repair and maintain perimeter fencing. B. CITY'S RESPONSIBILITIES 1. Provide regular scheduled janitorial service, including litter pick-up and removal, during its period of use; and 2. Repair of equipment or facilities damaged during its period of use. Notwithstanding the provisions of Article VII hereinabove, both parties agree, at the request of the other party, to repair any facilities located on the Premises, where one party can clearly substantiate that the facilities were damaged as a result of the actions of the other party. VIII. UTILITIES The Board shall pay all utilities consumed on the Premises including all installation and connection charges associated therewith. The City and Board shall each pay one-half of any special assessments or other related fees imposed on the Land, subject to Board and City approval, respectively, other than those charges voluntarily entered into by one party or the other. IX. LIABILITY FOR DAMAGE OR INJURY The City shall not be liable for any damage or injury which may be sustained by the Board or any persons on the Premises during the Board's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the City, its agents, representatives or employees, or failure of the City to perform its covenants under this Agreement. The Board shall not be liable for any damage or injury which may be sustained by the City or any persons on the Premises during the City's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the Board, its agents, representatives or employees, or failure of the Board to perform its covenants under this Agreement. 5 5. Trim and maintain trees and shrubs;6. Mowing, edging and trimming of Premises according to Miami-Dade County Public Schools routine turf maintenance schedule; and 7. Repair and maintain perimeter fencing.B. CITY'S RESPONSIBILITIES 1. Provide regular scheduled janitorial service, including litter pick-up and removal, during its period of use; and 2. Repair of equipment or facilities damaged during its period of use.Notwithstanding the provisions of Article VII hereinabove, both parties agree, at the request of the other party, to repair any facilities located on the Premises, where one party can clearly substantiate that the facilities were damaged as a result of the actions of the other party.VIII.UTILITIES The Board shall pay all utilities consumed on the Premises including all installation and connection charges associated therewith. The City and Board shall each pay one-half of any special assessments or other related fees imposed on the Land, subject to Board and City approval, respectively, other than those charges voluntarily entered into by one party or the other.IX. LIABILITY FOR DAMAGE OR INJURY The City shall not be liable for any damage or injury which may be sustained by the Board or any persons on the Premises during the Board's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the City,its agents, representatives or employees, or failure of the City to perform its covenants under this Agreement.The Board shall not be liable for any damage or injury which may be sustained by the City or any persons on the Premises during the City's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the Board, its agents, representatives or employees, or failure of the Board to perform Page 340 of 376 X. INDEMNIFICATION The Board covenants and agrees that it shall indemnify, hold harmless and defend the City, from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with the Board's use and occupancy of the Premises, for any personal injury, loss of life or damage to property sustained in or about the Premises, to the extent of the limitations included within Section 768.28, Florida Statutes. The City covenants and agrees that it shall indemnify, hold harmless and defend the Board, from and against any and all claims, suits, actions, damages or causes of actions arising from or in connection with the City's use and occupancy of the Premises, for any personal injury, loss of life or damage to property sustained in or about the Premises, to the extent of the limitations included within the Section 768.28, Florida Statutes. Xl. ASSIGNMENT Except as otherwise provided in this Agreement, neither party shall assign, transfer, or otherwise dispose of this Agreement during the term hereof, or sublet the Premises or any part thereof or permit said Premises to be occupied by other persons, firms, corporations, or governmental units without the other party's prior written consent. XII. CANCELLATION. CONVEYANCE AND DEFAULT Other than as provided below, this Agreement may be canceled by either party, without penalty, with one (1) year advance written notice to the other party. Notwithstanding the foregoing, the parties agree that cancellation of this Agreement shall not serve to extinguish either party's right to use the Land and the improvements located thereon for recreational purposes as provided in the Warranty Deed. The City and Board agree that in the event either party conveys its one-half interest in and to the Land to another party, this Agreement shall automatically terminate without any further action required on the part of the remaining party, effective the date of the conveyance. The City shall provide the Board with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the Board. If the Board fails to cure said default within thirty (30) days of receipt of written notice, or does not provide the City with a written response within thirty (30) days after receiving 6 X. INDEMNIFICATION The Board covenants and agrees that it shall indemnify, hold harmless and defend the City, from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with the Board's use and occupancy of the Premises, for any personal injury, loss of life or damage to property sustained in or about the Premises, to the extent of the limitations included within Section 768.28, Florida Statutes.The City covenants and agrees that it shall indemnify, hold harmless and defend the Board, from and against any and all claims, suits, actions, damages or causes of actions arising from or in connection with the City's use and occupancy of the Premises, for any personal injury, loss of life or damage to property sustained in or about the Premises, to the extent of the limitations included within the Section 768. 28, Florida Statutes.XI.ASSIGNMENT Except as otherwise provided in this Agreement, neither party shall assign, transfer,or otherwise dispose of this Agreement during the term hereof, or sublet the Premises or any part thereof or permit said Premises to be occupied by other persons, firms,corporations, or governmental units without the other party' s prior written consent.XII. CANCELLATION. CONVEYANCE AND DEFAULT Other than as provided below, this Agreement may be canceled by either party,without penalty, with one (1) year advance written notice to the other party.Notwithstanding the foregoing, the parties agree that cancellation of this Agreement shall not serve to extinguish either party's right to use the Land and the improvements located thereon for recreational purposes as provided in the Warranty Deed.The City and Board agree that in the event either party conveys its one-half interest in and to the Land to another party, this Agreement shall automatically terminate without any further action required on the part of the remaining party, effective the date of the conveyance.The City shall provide the Board with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the Board. If the Board fails to cure said default within thirty (30) days of receipt of written notice, or does not provide the City with a written Page 341 of 376 notification, indicating the status of the Board's resolution of the violations and providing for a schedule to correct all deficiencies, the City shall have the right to terminate this Agreement, without penalty, upon ten (10) days additional written notice to the Board. The Board shall provide the City with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the City. If the City fails to cure said default within thirty (30) days of receipt of written notice, or does not provide the Board with a written response within thirty (30) days after receiving notification, indicating the status of the City's resolution of the violations and providing for a schedule to correct all deficiencies, the Board shall have the right to terminate this Agreement, without penalty, upon ten (10) days additional written notice to the City. In the event of the cancellation or termination of this Agreement by either party, the School portion of the Premises and/or the improvements located on the Premises, as the case may be, shall be surrendered in accordance with the provisions of Article XVIII hereinbelow. XIII. NO LIABILITY FOR PROPERTY The City and Board agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss or damage to such property by any cause whatsoever. The City and Board hereby waive all rights of subrogation against each other under any policy or policies they may carry, or on property placed or moved on the Premises. XIV. RIGHT OF ENTRY The City, or any of its agents, shall have the right to enter the Premises during the Board's period of use to examine the same upon reasonable notice to the school administrator, provided, however, that such entry does not in any way interfere with the Board's use of the Premises. The Board, or any of its agents, shall have the right to enter the Premises during the City's period of use to examine the same upon reasonable notice to the City's Park and Recreation Department, provided, however, that such entry does not in any way interfere with the City's use of the Premises. 7 notification, indicating the status of the Board's resolution of the violations and providing for a schedule to correct all deficiencies, the City shall have the right to terminate this Agreement, without penalty, upon ten (10) days additional written notice to the Board.The Board shall provide the City with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the City. If the City fails to cure said default within thirty (30) days of receipt of written notice, or does not provide the Board with a written response within thirty (30) days after receiving notification,indicating the status of the City's resolution of the violations and providing for a schedule to correct all deficiencies, the Board shall have the right to terminate this Agreement,without penalty, upon ten (10) days additional written notice to the City.In the event of the cancellation or termination of this Agreement by either party, the School portion of the Premises and/or the improvements located on the Premises, as the case may be, shall be surrendered in accordance with the provisions of Article XVIII hereinbelow.XIII. NO LIABILITY FOR PROPERTY The City and Board agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss or damage to such property by any cause whatsoever. The City and Board hereby waive all rights of subrogation against each other under any policy or policies they may carry, or on property placed or moved on the Premises. XIV.RIGHT OF ENTRY The City, or any of its agents, shall have the right to enter the Premises during the Board's period of use to examine the same upon reasonable notice to the school administrator, provided, however, that such entry does not in any way interfere with the Board's use of the Premises.The Board, or any of its agents, shall have the right to enter the Premises during the City's period of use to examine the same upon reasonable notice to the City's Park and Recreation Department, provided, however, that such entry does not in any way interfere with the City's Page 342 of 376 XV. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or certified mail addressed to the parties at their respective addresses indicated below, or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the date of actual receipt. To the Board: With a copy to: The School Board of Miami-Dade County, Florida c/o Superintendent of Schools 1450 N.E. Second Avenue, Room 912 Miami, Florida 33132 Miami-Dade County Public Schools Governmental Affairs and Land Use Policy and Acquisition Attention: District Director 1450 N.E. Second Avenue, Room 525 Miami, Florida 33132 To the City: City Manager City of Miami Beach, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: City Attorney City of Miami Beach, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. C. For purposes of this Agreement, the Superintendent of Schools shall be the party designated by the Board to grant or deny all approvals required by this Agreement, or to cancel this Agreement as provided for herein. XVI. DAMAGE OR DESTRUCTION In the event the Premises should be destroyed or so damaged by fire, windstorm or other casualty to the extent the facilities are rendered untenantable or unfit for the 8 xv. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or certified mail addressed to the parties at their respective addresses indicated below, or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the date of actual receipt. To the Board: With a copy to: To the City: With a copy to: The School Board of Miami-Dade County, Florida c/o Superintendent of Schools 1450N.E. Second Avenue, Room 912 Miami, Florida 33132 Miami-Dade County Public Schools Governmental Affairs and Land Use Policy and Acquisition Attention: District Director 1450 N. E. Second Avenue, Room 525 Miami, Florida 33132 City Manager City of Miami Beach, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 City Attorney City of Miami Beach, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement.C. For purposes of this Agreement, the Superintendent of Schools shall be the party designated by the Board to grant or deny all approvals required by this Agreement, or to cancel this Agreement as provided for herein.XVI.DAMAGE OR DESTRUCTION In the event the Premises should be destroyed or so damaged by fire, windstorm or other casualty to the Page 343 of 376 purposes of the parties, either party shall have the right to cancel this Agreement by providing written notice to the other party within ninety (90) days of such damage and destruction. If neither party has canceled the Agreement within such 90-day period, the Board shall cause the facilities, consisting of all improvements in place which were constructed by the Board, to be repaired and placed in a safe and useable condition within one hundred eighty (180) days from the date of said damage, or other reasonable period of time as mutually agreed to by the parties. Should the facilities not be repaired and rendered tenantable within the aforementioned time period, then the City may, at its sole option, place the Board in default. XVII. NONDISCRIMINATION Both parties agree that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the Premises and the improvements located thereon. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of the other party, effective the date of the Court Order. XVIII. SURRENDER OF PREMISES Subject to the provisions of Article V hereinabove, at the termination or cancellation of this Agreement, the party vacating the Premises (the "Vacating Party") agrees to convey its one-half interest in and to any and all improvements located on the Land, which were constructed by the remaining or non-vacating party (the "Non-Vacating Party") to such party, and also agrees, at the sole option of the Non-Vacating Party, to either (1) quietly and peaceably surrender title to any and all improvements located on the Land, which were constructed by it, to the Non-Vacating Party, in good order and repair, except for normal wear and tear, or decay and damage by the elements or other Acts of God; or (2) remove all such improvements and restore the Premises to the same or better condition as existed on the Commencement Date. In addition to the foregoing, in the event the City is the Vacating Party, the City agrees to quietly and peaceably surrender the School portion of the Premises, in good order and repair, except for normal wear and tear, or decay and damage by the elements or other Acts of God. 9 purposes of the parties, either party shall have the right to cancel this Agreement by providing written notice to the other party within ninety (90) days of such damage and destruction. If neither party has canceled the Agreement within such 90-day period, the Board shall cause the facilities, consisting of all improvements in place which were constructed by the Board, to be repaired and placed in a safe and useable condition within one hundred eighty (180) days from the date of said damage, or other reasonable period of time as mutually agreed to by the parties. Should the facilities not be repaired and rendered tenantable within the aforementioned time period, then the City may, at its sole option, place the Board in default.XVII.NONDISCRIMINATION Both parties agree that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the Premises and the improvements located thereon. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of the other party, effective the date of the Court Order.XVIII. SURRENDER OF PREMISES Subject to the provisions of Article V hereinabove, at the termination or cancellation of this Agreement, the party vacating the Premises (the "Vacating Party") agrees to convey its one-half interest in and to any and all improvements located on the Land, which were constructed by the remaining or non-vacating party (the "Non-Vacating Party") to such party, and also agrees, at the sole option of the Non-Vacating Party, to either (1) quietly and peaceably surrender title to any and all improvements located on the Land, which were constructed by it, to the Non-Vacating Party, in good order and repair, except for normal wear and tear, or decay and damage by the elements or other Acts of God; or (2) remove all such improvements and restore the Premises to the same or better condition as existed on the Commencement Date. In addition to the foregoing, in the event the City is the Vacating Party, the City agrees to quietly and peaceably surrender the School portion of the Premises, in good order and repair, except for normal wear and tear, or decay and damage by the elements Page 344 of 376 XIX. PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Agreement, the parties agree that the other party shall and may peaceably have, hold and enjoy the Premises, without hindrance or molestation by the other party. )0C. SUCCESSORS AND ASSIGNS This Agreement shall extend to and be binding upon the parties herein, their legal representatives, successors and assigns. XXI. COMPLIANCE WITH FEDERAL. STATE. AND LOCAL LAWS All parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments, including the Americans with Disabilities Act, as they apply to this Agreement. XXII. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be in Miami-Dade County, Florida. XXIII. SEVERABILITY In the event any paragraph, clause or sentence of this Agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Agreement and the balance of the Agreement shall not be affected by the deletion thereof, provided to do so would not render interpretation of the Agreement provisions ambiguous or a nullity. 10 Page 345 of 376 APPROVED PSIS FORM & LANGUAOR FOR 11 XXIV. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing and signed by the City and/or the Board. The failure of either party to insist upon strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. XXV. WRITTEN AGREEMENT This Agreement represents the entire agreement between the parties. IN WITNESS WHEREOF, the City and Board have caused this Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: CITY OF MI Mayor BOARD: FLORIDA THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA Allet-44(ed6e i°7/570/ Ohief Facilities Officer (Construction) Facilities Planning and Construction ATTEST: City Clerk XXIV. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing and signed by the City and/or the Board. The failure of either party to insist upon strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. XXV. WRITTEN AGREEMENT This Agreement represents the entire agreement between the parties. IN WITNESS WHEREOF, the City and Board have caused this Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: CITY OF MI~ Mayor FLORIDA BOARD: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA i!&!,~..Aff~ lollS-lol Chief Facilities Officer (Construction) Facilities Planning and Construction ATTEST: 1lwu~ R~~ City Clerk 11A,lJ .4.i! 6M" IO Page 346 of 376 WARRANTY DEED THIS INDENTURE made this 25th day of September, 1972, between the CITY OF MIAMI BEACH, a Florida municipal corporation, party of the first part, and THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a body corporate and politic under the laws of the State of Florida, whose post office address is 1410 N.E. Second Avenue, Miami, Florida 33132, party of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other valuable considerations to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever, the following described land situate, lying and being in the County of Dade, and State of Florida, to-wit: An undivided one-half interest in and to Lots 1 through 7, inclusive, less the Easterly 50' of Lot 7, Block 2, TATUM WATERWAY SUBDIVISION, according to the Plat thereof recorded in Plat Book 46 at Page 2 of the Public Records of Dade County, Florida. The parties hereby agree and covenant with each other, for themselves, their successors and assigns, that the above- described lands shall hereafter be used jointly for park and playground re- creational purposes only, provided that the party of the second part, the School Board of Dade County, Florida, shall have prior and paramount right to the use of the lands for playground purposes during regular school hours. The parties further agree jointly to use their best efforts to close and vacate that portion of the dedicated street known as Tatum Waterway Drive which adjoins and lies between the above-described lands and the adjacent school site owned by the party of the second part, to the end that the fee simple title to the land now lying within the boundaries of said dedicated street will revert to the parties hereto in accordance with law. The parties hereto jointly agree to locatier a suitable and appropriate pedestrian right- of-way providing access from the footbridge located at the southern extremity of said property and extending over a suitable portion of the said parcels of land hereby con-, veyed up to 77th Street; the location, type, and mode of construction to be mutually agreed upon between the parties. Exhibit WARRANTY DEED THIS INDENTURE mada this 25 th day of September, 1972,between the CITY OF MIAMI BEACH. a Florida municip~l corpo~~tion.party of the first part, and TIlE SCHOOL BOARD or DADE COUNTY,FLORIDA, a body corporate and politIc under the laws of the 3tate of Florida, \olhose post office address is 1410 N. E. Second Avenue,Miami, Florida 33132, party of the second part.WITNESSETH: That the said purty of the first part,for and in consideration of the sum of Ten and 00/100 ($10.00)Dollars and other valuable considerations to it in hand paid by the said party of the second part, the r'eceipt \"hereof is hereby acknowledged, has granted, bargained 'and sold to the said party of the second part, its successors and assigns forever, the following described land situate, lying and being in the County of Dade, and State of Florida, to-wit: An undivided one-half interest in Clnd to Lots 1 through 7, inclusive, less the Easterly 50' of Lot 7, Block 2, TATUM WATERWAY SUBDIVISION, according to the plat theraof recorded in Plat Book 46 nt Page 2 of the Public Records of Dade County, Florida.The parties hereby agree and covenant with each other, for themselves, their successors and assigns, that the above-described lands shall hereafter be used jointly for park and playground re-creational purposes only, provided that the party of the second part, the school Board of Dade County, Florida, shall have prior and paramount right to the use of the lands for playground purposes during regular school hours. The parties further agree jointly to use their best efforts to close and vacate that portion of the dedicated street known as Tatum waterway Drive which adjoins and lies between the above-described lands and the adjClcent school site owned by the party of the second part, to the end that the fee simple title to the land n,')W lying \"ithin the boundaries of said dedicated street will revert to the parties h~reto in accordance wilh law.The parties hereto jointly agree to locatp..a suitable and appropriate pedestrian right- of -'v lay providing access from the footbridge located at the southern extremity of selidproperty nnd extending over n ~uitelble pOl'tion ('If the said parcels of land he1:"~by con-,vcyed up to 77th Street; th~ location, type,and Page 347 of 376 Waco 1 .10fAltY 111111 IC. SI Mr .4 111•1411/1 at I i I • MY LIMMISSIUN I WWI!: 111 11. II. 19N 11,1•11.1 -. •.1114.1•41.4' And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its proper officers, and its corporate seal to be, affixed, the day and year above written. THE CH ITTYC OF MIAMI BEACH ___t r t BY Mayor Attest: te.." City Clerk-Finance Director Signed, sealed and delivered in the presence of us: STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY, that on this -'1 day of September, 1972, before me personally appeared CHUCK HALL and RUTH B. ROULEAU, Mayor and City Clerk-Finance Director respectively, of the City of Miami Beach, a Florida municipal corporation, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporaticin - and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at ire. • et )‹2C4 , in the County of Dade and State of Florida, the •.1 day and year last aforesaid. And the said party of the first part does hereby fully w.:a1"l.ant the.: title to said land, and will" defend tho Stllllt: ul"Jl.airu:>t the lawful claims of all persons whomsoever. IN WI'rNESS WIIEReOF. the said party of the first part has causeu t.hese presents to be signed in its name by its proper officers, and its corporate se~l to be. t:lffixcd, the d~y and year above written. rnE crry .OF MIAMI D~:ACII Gt}VJ-C~c -J-. \ (~~ Mayor .. llY Attest: J? EJL_.~ City Clerk-pin~nce Director Signed, !:teulcd und delivered in the rcscncc of us: J. 1.( .(~ p Jtf/ct/ JJd;I .Ii J .ell...~ ... A- tI ~.~7 STATE OF FLORIDA COUN'ry OF DADE I lIEREDY CER'j'H'Y, tha t on this JZ{ dvy ofs~ ptentbi:'r.1972, before me personally appeared ClIUCKHALL and RU'r11 13. ROULeAU,Mayor und City Clerk-Fiounce Director respectively. of the city of Miami Beach. iJ, Florida municipal corporfJtion. to me known to be the persons who signed the (oreyoing instrument. uS such o(ficcL'"S and severally acknowledged the execution thereof to betheir free act a,n..i deed as suchofficers for tile use!> und purposes therein rnentionE:d and thiJt they affixed thereto the officIal scal of s"id corporatioi,and that thc s~id instrument is the act and deed of said corporation.WITNESS my hand ;:Jnel official seal at J, (t. . j',.A ,lot ""._in the County of Dade and State of I:"Lorida,the dayand year lastaforcs;:Jid.1 /.1.' .p._<-R.. c<.. .1j./,.c.,u<1 . -:: (, '('::.~:.~,~f,lIL)lurAIlY fllllllc;. ) IMr ,00"1Io&.IIIII..C IU.I, l ',' ~ Page 348 of 376 77 STREET EXISTING BUILDING BISCAYN E ELEMENTARY EXISTING BUILDING EXISTING PORTABLES EXISTING TWO STORY BUILDING LEGEND JOINTLY OWNED LAND // PREMISES Exhibit B LOCATION MAP MC:CM 079 Exhibit B LOCATION MAP t- Q~ p!- 77 STREET I BISCAYNE ELEMENTARY D[][] ExISTING [] [] PORTABLES o DO ExiSTING BUILDING ExiSTING BUILDING ExiSTING TWO STORY BUILDING NEW " TWo STORY CLASSROOM N LEGEND V/~JOINTLY OWNED LAND PRE. MISES MC: Page 349 of 376 Exhibit "C" The Board may construct the following Improvements on the Premises: 1. Six (6) multi-purpose hard surface courts, with 9-foot basketball posts; 2. Parking facility, with approximately 105 spaces; 3. Landscaping and irrigation; and 4. All associated work to accomplish the above, including, without limitation, the installation of fencing to mark the boundaries of the Premises. All of the above improvements shall be made in accordance with all applicable Municipal, County, State and Federal laws, and all applicable permitting requirements associated therewith. Exhibit "c" The Board may construct the following Improvements on the Premises: 1. Six (6) multi-purpose hard surface courts, with 9- foot basketball posts;2. Parking facility, with approximately 105 spaces;3. Landscaping and irrigation; and 4. All associated work to accomplish the above, including, without limitation,the installation of fencing to mark the boundaries of the Premises.All of the above improvements shall be made in accordance with all applicable Municipal,County, State and Federal laws, Page 350 of 376 N ew B usiness and Commission Requests - R 9 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:D IS CUSSION O N T HE RE QUE ST FOR LET T E R S OF INT E R ES T (R F LI) R ES ULT S F O R T H E T E MPORARY SKAT E PARK. R ECO MMENDATI ON C ommission direction as to which option to proceed with to construct a temporary skate park. AN ALYS IS A t the S eptember 25, 2017 C i ty C ommi ssion meeting, a di scussion was held to consi der the i nstallation of a temporary skate park in the C ity. Vice-Mayor A rriola stated that these skate parks have become very popular and can be built within a matter of weeks. The C ommittee members discussed several North B each locations and the item was referred to the next Neighborhood/C ommunity A ffairs C ommittee (NC A C ) for further discussion. A t the S eptember 27, 2017 NC A C meeting, the different locations for a temporary skate park were discussed with the recommendation approving the creati on of a temporary skate park at the West L ot located North of 82nd S treet, as show on E xhi bit A . A t the October 18, 2017 C ity C ommission meeting, Resolution No. 2017-30069 was passed accepting N C A C ’s recommendation. A t the time of the meeting, the P arks and Recreation D epartment was awaiting the results of a Request for L etters of Interest (R F L I), which was advertised specifically for the construction of a temporary skate park of approximately a minimum of 7,500 sq. ft., requesting information based on a $75,000 maximum budget (E xhibit B ). The C ity received only one response pursuant to the RF L I for an outdoor skate park from Velosoluti ons, which offered the followi ng 3 options (E xhibit C ): 1. S kate F low P ark (Velosoultions P umptrack) - $75,000.00 Only requires the use of asphalt, dirt, crushed rock, soil and sod T he entry way to the park will be a 6 foot A D A accessible crushed limestone pathway to a viewing area F ence will be a pressure treated spilt rail fence Landscape is included 2. Omni P ark Inspi red P our in P lace S kate P ark (Traditional C oncrete S kate P ark) - $75,000.00 F eature include: quarterpipes, rails, ledges, boxes, jersey barriers and stairs C oncrete Pad F ence will be a pressure treated spilt rail fence Landscape is included 3. Used Modular P umptrack S ystem - $50,000.00 Page 351 of 376 N o concrete pad needed – existing surface/sod can stay. T he Lumberjack Series Modular Pumptrack from BikeParkitect is 2 years old F ence will be a pressure treated spilt rail fence Landscape is included As part of the above proposals, Velosolutions requires naming rights for the above projects such as Velosolutions Pumptrack or similar, which is outlined in the draft construction contract (Exhibit D ). The C ity will be responsi ble for benches, trash/recycle receptacles and addi ti onal landscaping. Velosolutions stated that upon signing of the agreement and permitting approval, the park will be ready within 1 month. Velosolutions proposes a split rail fence. This type of fence does not provide after hour security. If an access control fence is desired, staff would negotiate with Velosoluti ons or provide the fence on behalf of the C ity. F IN AN C IAL IN F O R MAT IO N Capital project # 29550 (CMB Skate Park) currently has an available balance of $100,950.00. On June 7, 2017, Resolution No. 2017-29890 committed $50,000.00 of this available balance to the contribution of funds to the regional hybird skatepark/pumptrack initiative at Haulover Park. T his leaves a balance of $50,950.00 to fund the temporary skate park project. Commission action is needed to fully fund the temporary skate park project contingent on which option is selected. Legislativ e Tracking Parks and Recreation Sponsor Commissioner Ricky Arriola AT TAC H ME N T S: Description Exhibit A – Temporary Skate Park Location (W est Lot North of 82nd Street) Exhibit B – RFLI 2018-019-W G Outdoor Skate Park Exhibit C – Velosolutions RF LI Submission Exhibit D – Draft Velosolutions Construc tion C ontrac t (Not Reviewed by Legal) Page 352 of 376 Page 353 of 376 1 RFLI 2018-019-WG Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 REQUEST FOR LETTERS OF INTEREST RFLI 2018-019-WG OUTDOOR SKATE PARK 1. Introduction and Purpose. The City of Miami Beach, Florida (hereinafter referred to as the “City”) is a center for outdoor fitness and recreation activities. The City desires to consider building a temporary outdoor skate park of approx. a minimum of 7500 sq. ft. to be located on a vacant lot which lies West of Collins Avenue between 82nd and 83rd Street, specifically, on the South side of the lot, working around existing trees, which would include the furnish and installation of concrete slabbing where applicable, outdoor skate park equipment and fencing of the skate park perimeter. To this end, the City wishes, through this Request for Letters of Interest (RFLI), to receive information from companies who have experience in installation and designing of skate parks and who have an understanding of these types of facilities. Interested parties should submit information in accordance with Section 2 of this RFLI. Any questions regarding this RFLI should be submitted to William Garviso, Procurement Contracting Officer II, at williamgarviso@miamibeachfl.gov or 305-673-7490. The City is not required to act upon any information obtained through this RFLI. The City may consider releasing a competitive solicitation as a result of the information obtained via this RFLI, may pursue a procurement based on the purchase authorities expressed in its administrative code, or may take no action as a result of this RFLI. 2. Response Requirements: Submit one (1) hard copy “original” marked as such, and one (1) electronic copy (CD-ROM, USB flash drive, etc.). In keeping with the City’s sustainability program, RFLI hard copies should be printed when possible on paper containing a high level of post-consumer recycle content. Responses should contain the following: 2.1. Respondent Information. Including: 1. Company legal/registered name. 2. Company mailing and physical address. 3. Company Website URL (if available). 4. Name of company representative that will be the primary point of contact for inquiries. 5. Contract representative’s telephone number (toll-free preferred). 6. Contact representative’s e-mail address. 7. Client List. Submit list of clients within the last three years for which the respondent has provided product(s) similar to those described herein. 2.2 Product Information. The City’s estimated budget amount for a temporary skate park is $75,000.00. Interested parties should submit detailed information on outdoor skate park equipment options, fencing materials, concrete slabs and walkways; including images, catalogs and/or equipment brochures that it deems to meet the goal of the City. 2.3 Additional information. Identify all ordering instructions, installation requirements, sample contracts and available discounts for all products submitted. Page 354 of 376 2 RFLI 2018-019-WG 2.4 References. Submit a list of relevant references for current installations of the proposed products. For each reference, submit name of client, client contact individual, and telephone, address and email of client contact. 3. Submittal Instructions. Responses should be submitted to: City of Miami Beach Procurement Department 1755 Meridian Ave., 3rd Floor Miami Beach, Florida 33139 All Responses to RFLI should be submitted by October 20, 2017 at 03:00 p.m., Eastern Standard Time (EST). Page 355 of 376   Page 356 of 376 City of Miami Beach Procurement Department 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 725 92nd Street Surfside, FL 33154 phone: (305) 283-6391 www.velosolutions.com October 12, 2017 Re: RFLI 2018-019-WG Outdoor Skate Park Dear Mr. William Garviso and Members of the Selection Committee: On behalf of Velosolutions, I am pleased to submit this letter of interest for the creation of a temporary skate park in Miami Beach, FL. We are excited that your city has made this proactive decision to provide such a valuable facility. Our team is focused on creating high- quality riding environments and is passionate about the aesthetic value of our designs. We will design a park that has broad-based appeal to users of all ages, abilities, and interests. Skateparks are currently experiencing a rapid design evolution and we are pleased to be at the forefront of this movement. Our team is a leader in innovative paved park design – specializing in detailed, ready-for-bid construction drawings with us attached as on site managers. Velosolutions has designed and built over 100 paved parks throughout North America, Europe, and Asia providing unique designs that are now internationally renowned and respected by the industry’s top skateboarders, mountain bikers, BMXers, longboarders, and inline skaters. We carefully calculate park aesthetics with detailed grading, irrigation, and drainage solutions. WE ARE SUBMITTING 3 OPTIONS FOR YOU TO CHOOSE FROM. I will oversee all aspects of the project as Principal-in-Charge. Sincerely yours, Jonathan Strauss Jonathan Strauss Page 357 of 376 1.Velosolutions USA LLC 2.725 92nd Street Surfside, FL 33154 3.www.velosolutions.com 4.Jonathan Strauss 5.305-283-6391 6.jonathan.strauss@velosolutions.com 7.Client List a. Kanab City, Utah b.Oklahoma City Boathouse Foundation, OK c.Mr. David Carr, Bakersfield, CA d.Blue Lotus Foundation, Leavenworth, WA e.City of Pineville, MO f.Two Trees Development, Brooklyn, NY g.Sunny Isles Beach, FL Product Information Velosolutions is the world leader in paved pumptrack construction. Our company also built the first ever Pumptrack/Skatepark hybrid in Kanab, UT. We are proposing two options: 1.Traditional Velosolutions Pumptrack which only requires the use of asphalt, dirt, crushed rock, soil, and sod. 2.Omni Park and Lot 11 inspired Urban Skate Plaza featuring Quarterpipes, Rails, Ledges, Boxes, Jersey Barriers and stares as shown in rendering and photos. Materials to be used will be Black Steel Coping, #3 Rebar, 6” Chicken Wire for flat areas, 4” thick shotcrete 4000 PSI, 4” thick Grey Concrete 4000 PSI. The park will be a custom pour in place standard skatepark. 3.Lumberjack Series Modular Pumptrack from BikeParkitect (Used: 2 years old) The Lumberjack series has a substructure that is made from a marine grade lumber and is topped with our ultra grip composite surface. This surface has a texture to it that means that you can ride no matter what Mother Nature throws at you. Because of the modular design it can easily be rearranged or added to at anytime. It is easily stored, setup, and transported. Additional Materials for the first 2 options: -The entry way to the park will be a 6 foot ADA accessible crushed Limestone pathway to a viewing area. -A Pressure Treated Split Rail Fence to allow for residents to appreciate the beauty of the park. Page 358 of 376 Photos and Renderings: Option 1 SKATE FLOW PARK (Velosolutions pumptrack) Miami Beach Pop Up Proposal Description Unit Qty Unit Price Sq. ft. Size of the Park 7,500 Velosolutions Planning and Design (Includes Engineering) $7,500.00 Velosolutions Construction (6 people / 10 days) $24,000.00 Materials (gravel, dirt, fill, asphalt, drainage, concrete, etc) $29,000.00 Specific tools and machinery rental $3,500.00 Landscaping/Fence $6,000.00 Accommodation and Transportation of the crew $5,000.00 Total $75,000.00 Page 359 of 376 Option 2 Omni Park Inspired Skatepark Pour in Place Skatepark Miami Beach Pop Up Proposal Description Unit Qty Unit Price Sq. ft. Size of the Park 7,500 Velosolutions Planning and Design (Includes Engineering) $4,500.00 Velosolutions Construction (6 people / 10 days) $24,000.00 Materials (gravel, dirt, fill, drainage, concrete, etc) $35,000.00 Specific tools and machinery rental $2,500.00 Landscaping/Fence $6,000.00 Accommodation and Transportation of the crew $3,000.00 Total $75,000.00 Page 360 of 376 Option 3 Used Modular pumptrack system Cost: $50K (Actual track being sold) Additional Information -Prepare Letter of Intent (LOI) indicating a $75,000 park build as enclosed. Submit selection and deposit as described within. -Construction/Permitting documents prepared within 3 weeks of LOI submittal. -Prepare Construction Agreement as sample enclosed. Upon signing and permitting approval, park will be ready within 1 month. -Significant discount offered for Used skatepark in Option 3. Miami Beach Pop Up Proposal Description Unit Qty Unit Price Sq. ft. Size of the Park 5832 Track Market Price ($106,000)$39,500 Shipping $500.00 Velosolutions Construction (2 people /4 days) $4000 Landscaping/Fence $6,000.00 Page 361 of 376 References 1.Mike Knopf – Executive Director Oklahoma City Boathouse Foundation, 725 S Lincoln Blvd Oklahoma City, OK 73129 (405) 552-4040 mknopp@okcbf.org 2.Joe Decker – City Manager, 26 North 100 East Kanab City Utah (435)-689-1577 3.Chris Booher – Executive Director Blue Lotus Foundation, PO Box 4874 Jackson, WY 83001, (206)-375-3997 info@bluelotusfoundation.org 4.Marina Trejo – Two Trees Development, 45 Main Street Ste 602 Brooklyn, NY11201, (718) 222-2500, mtrejo@twotreesny.com 5.Melissa Zeiman – City Clerk 503 Main Street Pineville, MO 64856 (417) 223-4368 m.ziemianin@pinevillemo.us 6.David Carr – Available Upon Request Page 362 of 376 Letter of Intent & Interim Agreement This letter serves to award the contract for the construction of the City of Miami Beach Skatepark, West Lots, Between 82nd and 83rd street to Velosolutions(RFLI 2018-019-WG Outdoor Skate Park), to build Option _______ as proposed in bid documents. For an initial payment of $7,500.00, Velosolutions USA (Velosolutions), is directed to proceed on the following work immediately, all in accordance with a signed proposed budget of up to $75,000. Under no circumstances will Velosolutions undertake any work nor make any commitments such that the total value of the work performed or commitments made towards the project pursuant to the instructions contained in this letter is greater than a signed budget from City of Miami without express authorization. This initial payment shall be deemed as a partial payment towards the total contract price within the budget. The scope of work to be undertaken pursuant to this letter is: •Commitment of resources to a construction date •Execution of Construction and Permitting Documents Note that Velosolutions shall initiate work on the above list to ensure that critical activities are performed ﬁrst and maximum utilization is made of the initial funds available. In the event that negotiations between The City of Miami Beach and Velosolutions should conclude without a ﬁnal agreement being reached, a site evaluation and project proposal, and design has been submitted, Velosolutions is not obligated to return the initial payment. This letter will form an interim agreement between Velosolutions and The City of Miami Beach until such time as the ongoing negotiations have concluded with either a formal contract being executed or an agreement that the parties will discontinue working together on the project. This letter will be the entire agreement between the parties during the interim period and any changes to the terms herein shall be in writing. You should not accept any instructions from any person other than Alon Karpman and Jonathan Strauss who will be acting as Velosolutions representatives until the formal documentation has been completed and executed. Yours Truly , Jonathan Strauss Velosolutions USA LLC Agreed to all terms and conditions above on this ___ day of _____________, 2017 _______________________________ _______________________________ Signature and date Name and Title at City Of Miami Beach Page 363 of 376 Velosolutions Construction Contract This Construction Contract (the “Contract”) is made as of , 2017 (the “Effective Date”) by and between Velosolutions USA, LLC, of 725 92nd Street, Surfside, FL 33154, and , Velosolutions desires to provide Construction of their paved pump track construction services to City of Miami Beach who desires to obtain such services from Velosolutions. THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: 1.DESCRIPTION OF SERVICES. Beginning May 1st, 201 Velosolutions will provide for the project RFLI 2018-019-WG Outdoor Skate Park to City of Miami Beach the following services (collectively, the “Services”): a. Consultation for the design of the pumptrack b. Design of the pumptrack - includes revisions, and detailed drawing. c. Construction of the pumptrack. d. Pictures, Video, PR materials, and online marketing 2. SCOPE OF WORK. Velosolutions will provide all services and labor for the construction of a paved pumptrack for City of Miami Beach described in RFLI 2018-019-WG Outdoor Skate Park. 3. PLANS, SPECIFICATIONS, PICTURES AND VIDEO. Velosolutions will make all plans, speciﬁcations, drawings, blueprints, and similar construction documents necessary to provide the Services described herein. Any such materials shall remain the property of Velosolutions. Velosolutions considers it’s designs and construction methods including detailed drawing documents conﬁdential and proprietary. Velosolutions will supply drawings/visuals of the track without schematic details that City of Miami Beach can use for showing the community or on online media. No pictures and video taken may be taken on site during the build that is not approved by Velosolutions. Velosolutions will supply City of Miami Beach with approved pictures for it’s use. 4. WORK SITE. City of Miami Beach warrants and will show guarantees that it has authorization to build on the property herein described and is authorized to enter into this contract. Prior to the start of construction, City of Miami Beach will clearly identify by stakes all the corners of the property. 6. PAYMENT. Payment shall be made to Velosolutions USA, LLC. in the amount of paid under the following schedule of payments. a. Deposit - at signing b. Wire transfer - c. 50% complete by: d. Final Payment upon completion: Page 364 of 376 In addition to any other right or remedy provided by law, if City of Miami Beach fails to pay for the Services when due, Velosolutions has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. 7. TERM. Velosolutions shall commence the work to be performed upon issuance of permits scheduled by and shall complete the work on or before . Upon completion of the project, City of Miami Beach agrees to sign a Notice of Completion within ten (10) days after the completion of the contract. Until such time as the City of Miami Beach sells and secures “naming rights” to the track the track shall be known as the “Velosolutions Pumptrack” or similar , and the name will be included in all press releases, social media, or marketing. Once the rights have been sold, the Velosolutions name will continue to be prominent as a sponsor as long as the Track is in use. The Boathouse gives authorization and will keep the thermoplastic signage installed at the track for Velosolutions and its partner, Owens Corning. Velosolutions will make a good faith effort to have Owens Corning make an additional sponsorship for the track. 7. Material Changes to the Project: City of Miami Beach may make changes to the scope of work during the term of this Contracts. However any such change or modiﬁcation shall only be made in a written “Change Order” which is signed by both parties. Such Change Orders shall become part of this Contract. City of Miami Beach agrees to pay any increase in the cost of Construction work as a result of any written, dated and signed Change Order. In the event the cost of a Change order is not known at the time a Change Order is executed, Velosolutions shall estimate the cost thereof and City of Miami Beach shall pay the actual cost whether or not this cost is in excess of the estimated cost. 10. PERMITS. City of Miami Beach shall obtain all necessary building permits. Velosolutions shall apply for and obtain any necessary permits and licenses required by the local municipal/ county government to do the work, the cost thereof shall be added as part of the Payment to Velosolutions under this Contract. 11. INSURANCE. Before work begins under this Contract, Velosolutions shall furnish certiﬁcates of insurance to City of Miami Beach substantiating that Velosolutions has placed in force valid insurance covering its liability and shall furnish and maintain a general liability insurance covering the construction and related accidents that could incur in rendering the Services. The Cost of this insurance will be paid for by City of Miami Beach. 12. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Velosolutions in connection with the Services will be the exclusive property of Velosolutions and under the conﬁdentiality agreement signed by the parties. 13. CONFIDENTIALITY. Velosolutions considers it’s construction methods as trade secrets and all information and building methods will be covered under the conﬁdentiality agreement already in place between the parties. City of Miami Beach must take efforts to not allow others that are on the construction sight to take and disseminate pictures of the building process. Page 365 of 376 14. INDEMNIFICATION. With the exception that this Section shall not be construed to require indemniﬁcation by Velosolutions to a greater extent than permitted under the public policy of the State of Washington, City of Miami Beach shall indemnify Velosolutions against, hold it harmless from and defend Velosolutions from all claims, loss, liability, and expense, including attorneys fees, arising out of or in connection with Velosolutions’ Services performed under this Contract. This indemnity shall cover all situations and use of the pumptrack. 15. WARRANTY . Velosolutions shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the construction community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Velosolutions on similar projects. Velosolutions shall construct the pumptrack in conformance with the plans and speciﬁcations agreed to between the parties. 16. WORKSITE. City of Miami Beach will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. All clean up and debris will be cleared by City of Miami Beach. 17. INSPECTION. City of Miami Beach shall have the right to inspect all work performed under this Contract. All defects and uncompleted items shall be reported immediately. All work that needs to be tested shall be done at each necessary stage of construction and before further construction can continue. 18. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a.The failure of City of Miami Beach to make a required payment when due. b.The insolvency of either party or if either party shall, either voluntarily or involuntarily become a debtor of or seek protection under Title 11 of the United States Bankruptcy Code. c.A lawsuit is brought on any claim, seizer, lien or levy of labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the beneﬁt of creditors, application or sale for or by any creditor or government agency brought against either party. d.The failure of City of Miami Beach to make the building site available or the failure of Velosolutions to deliver the Services in the time and manner provided for in this Contract. 19. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but no be limited to, acts of God, ﬁre, explosion, vandalism, storm, casualty, illness, injury , general unavailability of materials or other similar occurrence, orders or act of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes are removed or ceased. An act or omission shall be deemed within the Page 366 of 376 reasonable control of a party if committed, omitted, or caused by such party, or its employees, ofﬁcers, agents or afﬁliates. 22. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract though friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution procedure. Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute or is unavailable, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law, including ﬁling suit. 23. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court ﬁnds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 24. AMENDMENT. This Contract may be modiﬁed or amended in writing, if the writing is signed by each party. 25. GOVERNING LAW. This Contract shall be construed in accordance with and governed by the laws of the State of Florida, without regard to any choice of law provisions of any other jurisdiction. 26. NOTICE. Any notice or communication required or permitted under this Contract shall be sufﬁciently given if delivered in person or by certiﬁed mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 27. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract. 29. SIGNATORIES. This Contract shall be signed on behalf of Velosolutions by Alon Karpman and on behalf of City of Miami Beach by and shall be effective as of the date ﬁrst written above. Velosolutions USA, LLC: City of Miami Beach: By: Jonathan Strauss By: ___________________ Date:______ ____________________ Date:_______ Page 367 of 376 N ew B usiness and Commission Requests - R 9 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:BDO UP DAT E. Legislativ e Tracking Finance Page 368 of 376 N ew B usiness and Commission Requests - R 9 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:PRE SE NTAT ION O F F INAL E C ONOMIC IMPACT ST U D Y PE R F ORME D BY FIU MET ROPOL ITAN C ENT ER. Legislativ e Tracking Office of the City Manager Page 369 of 376 N ew B usiness and Commission Requests - R 9 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:POST HURRIC AN E IRMA B EACH RESTO R AT ION EFFORT S PR ES ENTAT ION. Legislativ e Tracking Office of the City Manager Sponsor Mayor Phillip Levine Page 370 of 376 Notices 1. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:October 31, 2017 S UB J E C T:AD VERT ISEME N T S. Legislativ e Tracking Office of the City Clerk AT TAC H ME N T S: Description Ad Ad Ad Ad Page 371 of 376 Page:NE_AdNE_10,Pub.date:Thursday,October 12 Last user:tcureton@miamiherald.com Edition:1s tSection,zone:,NELastchangeat:15:55:26 October 10 THURSDAY OCTOBER 12 2017 NEIGHBORS 17NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HE ARINGS OCTOBER31,2017 NOTICE IS HEREBY giventhatthe CityCommission of the CityofMiami Beach,Florida,will hold a Special CityCommission Meeting on October31,2017 startingat9:30a.m.,in the CommissionChamber,ThirdFloor, CityHall,1700 Convention Center Drive,MiamiBeach,Florida.The followingPublicHearings will be heardbythe Mayorand CityCommissioners at thetimes listed,orassoon thereafter as the matterscan be heard: 9:30 a.m.Second ReadingPublic Hearing AN ORDINANCEOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA ,AMENDINGCHAPTER 13 0,“OFF-STREETPARKING,”ARTICLE II,“DISTRICT;REQUIREMENTS,”TO ESTA BLISH PA RKINGREQUIREMENTS FORASSISTED LIVING FACILITY,ADULT DAYCARE CENTER,MEDICAL OFFICE,AND RELATED USES;AMENDINGCHAPTER 14 2,“ZONINGDISTRICTS AND REGULATIONS,”ARTICLE V, “SPECIALIZED USEREGULATIONS,”TO CREAT EDIVISION2,“ASSISTED LIVING AND MEDICAL USES”,SECTIONS 14 2-1252 TO CREAT EMEDICAL RELATED USEDEFINITIONS,INCLUDING BUTNOT LIMITED TO DEFINING ASSISTED LIVING FACILITIES,COMMUNITYRESIDENTIAL HOMES,COMPREHENSIVEOUTPAT IENT REHABILITAT ION FACILITY,CRISIS STABILIZAT IONUNIT;INTENSIVEINPAT IENT AND OUTPAT IENT TREAT MENT,AND RESIDENTIAL TREAT MENT CENTERSAND FACILITIES;PROVIDINGFOR CLASSES OF MEDICAL USES;AND PROVIDINGFOR AZONING USESCHEDULE WITHIN THE VARIOUS ZONING DISTRICTS OF THE CITY WHICHDELINEAT ES WHERE SAIDMEDICAL RELATED USES ARE CONSIDERED PERMITTED,CONDITIONALORPROHIBITED USES;PROVIDINGFOR MINIMUM ZONING STANDARDS,DISTA NCE SEPARATIONS,HOURSOFOPERATION,AND SUPPLEMENTAL CONDITIONAL USECRITERIA;AMENDINGCHAPTER 10 2,“TAXAT ION,”ARTICLE V,“LOCAL BUSINESS TA X”AT SECTION102-379,“SCHEDULE OF TA XES,EFFECTIVEOCTOBER 1,2016 ”TOPROVIDE NEWBUSINESS TA XRECEIPT FORSAIDUSES;PROVIDINGFOR PENALT IES,VIOLAT IONS,AND APPEALSOFCITAT IONS;AMENDINGCHAPTER 13 0,RELATING TO OFF-STREETPARKING REQUIREMENTS FORALF ANDMEDICAL USES;AMENDINGCHAPTER 102,“TAXAT ION,”ARTICLE V,“LOCAL BUSINESS TA X”AT SECTION102-379 “SCHEDULE OF TA XES,EFFECTIVE OCTOBER 1,2016 ,”AS TO ACERTA IN BUSINESSTAX RECEIPTVALUATIONS;PROVIDINGFOR REPEALER;SEVERABILITY;CODIFICAT ION;AND AN EFFECTIVEDAT E.This Ordinance is beingheardpursuant to Section 11 8-164 of theCity’s Land Development Code.Inquiries maybedirected to thePlanningDepartment at 305.673.7550.Please notethatthe First Readingofthis Ordinance will be heardonOctober 18 ,2017at 5:05 p.m.,or as soon thereafter as the matter can be heard. 9:35 a.m.Second ReadingPublic Hearing AN ORDINANCEOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA ,AMENDINGSUBPART A-GENERAL ORDINANCES,OFTHE CITY CODE,BYAMENDINGCHAPTER 54 “FLOODS” AT SECTIONS 54-39,ENTITLED “ESTABLISHMENT OF DEVELOPMENT PERMIT;”IN ORDERTOSPECIFICALLYADOPT THE CITY’S STORMWAT ER MASTER PLAN,ASMAY BE AMENDED,AND TO REQUIRING 5/7 VOTE OF THE FULL CITY COMMISSION TO LESSEN ANY OF THE STORMWAT ER REQUIREMENTS CONTA INED IN CHAPTER 54;TO AMENDSECTION54-45,“PERMIT PROCEDURES,”TOCORRECT THE TITLE OF THE CITY’S STORMWAT ER MASTER PLAN;AND BY AMENDINGSUBPART B-“LAND DEVELOPMENT REGULATIONS,”BY AMENDINGSECTION114 -1,ENTITLED “DEFINITIONS,”IN ORDERTOCORRECT THE NAME OF THE CITY’S STORMWAT ER MASTER PLAN;PROVIDINGCODIFICAT ION;REPEALER;SEVERABILITY;AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant to Section 2.05 of theCityCharter and §116 .041 F.S.Inquiries maybedirected to theOffice of theCityAttorney at 305.673.7470.Please note that the First Readingofthis Ordinance will be heardonOctober 18 ,2017. 9:40 a.m.Public Hearing ARESOLUTIONOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND,ENTERPRISE FUND,INTERNALSERVICE FUND,AND SPECIAL REVENUE FUND BUDGETSFOR FISCAL YEAR (FY)2016 /17.This Resolution is beingheardpursuanttoSections 16 6.041 and166.241 F.S.Inquiries maybedirected to theOffice of Budget& PerformanceImprovement at 305.673.7510. 9:45 a.m.Public Hearing ARESOLUTIONOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ADOPTING THEFIRST AMENDMENT TO THE CAPITA LBUDGET FORFISCALYEAR2017/18.This Resolutionis beingheardpursuant to Sections 16 6.041 and166.241 F.S.Inquiries maybedirected to theOffice of Budget&Performance Improvement at 305.673.7510 . 9:50 a.m.Public Hearing ARESOLUTIONOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ADOPTINGTHE FIRSTAMENDMENT TO THE GENERAL FUND,ENTERPRISE FUND,INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETSFOR FISCAL YEAR (FY)2017 /18.This Resolution is beingheard pursuant to Sections 16 6.041 and166.241 F.S.Inquiries may be directed to theOffice of Budget&Performance Improvement at 305.673.7510 . 9:55 a.m.Public Hearing ARESOLUTIONOFTHE MAYORAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,ACCEPTING THE PROPOSALFROMTHE SABRINACOHEN FOUNDAT ION,INC.,AFLORIDA NOT-FOR-PROFIT CORPORAT ION (“FOUNDAT ION”),FORTHE FOUNDAT ION,APUBLICCHARITY,TO FUND-RAISE AND CONTRIBUTE ALL OF THE EXPENSES RELATED TO THECIT Y’S DESIGN,DEVELOPMENT AND CONSTRUCTION OF ACITY-OWNED PARKSAND RECREAT ION FACILITY (THE “FACILIT Y”OR “CENTER”),TO BE LOCATED AT APORTIONOFTHE CITY’S “P72”SURFACEPARKINGLOT AT 53RD STREETAND COLLINS AVENUE (THE “P72 LOT”),AND WHICHFACILITY,ONCE COMPLETED,WILLBEUSED AS AN ADAPTIVE RECREAT ION CENTER SERVING PERSONS WITH PHYSICAL ANDCOGNITIVE DISABILITIES,INCLUDING SENIORS LIVING WITH DISABILITIESAND ABLE-BODIEDINDIVIDUALSWITHTEMPORARY INJURIES,WITH THE INTENT OF EXPANDINGTHE CITY’S ACCESSIBLEBEACH PROGRAMMINGFOR THE BENEFITOFTHE GENERAL PUBLIC;PROVIDINGTHATTHE FOOTPRINTFOR THE FACILITY SHALL BE APPROXIMAT ELY,BUTNOT MORETHAN,5,000 SQUARE FEET,WITH AMAXIMUM HEIGHT OF TWENT YFOUR (24)FEET,AND CONTA INING ABUILDINGHAVINGNOMORETHAN 10,000 SQUARE FEET,WITH THE FINALLOCAT IONFOR THE FACILITY AT THE P72 LOTTOBEDETERMINED BY THECITYCOMMISSION;PROVIDINGTHAT ALL PLANSAND SPECIFICAT IONS FORTHE FACILITY SHALL BE SUBJECT TO APPROVAL BY THECITY;ANDFURTHER,PROVIDINGFOR THE FOUNDAT ION TO MANAGE,OPERATE AND MAINTAINTHE ADAPTIVE RECREAT ION CENTER ON THECIT Y’S BEHALF,FOR ATERM OF NINE (9)YEARS,COMMENCING UPON THECITY’S COMPLETIONOFTHE CONSTRUCTION OF THE FACILITY;FURTHER ACCEPTING THE WRITTEN RECOMMENDAT IONOFTHE CITY MANAGER (ASFURTHER SETFORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION)AND WAIVING,BY 5/7TH VOTE,THE FORMAL COMPETITIVE BIDDINGREQUIREMENT,FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND APPROVING,IN SUBSTANTIAL FORM,AFUNDING,COLLABORAT IONAND MANAGEMENT AGREEMENT WITH THE FOUNDAT ION;AND AUTHORIZINGTHE MAYO RAND CITY CLERK TO EXECUTE AN AGREEMENT SUBSTANTIALLYINTHE FORM AT TACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION.This Resolutionisbeing heardpursuanttoSection §166.041 F.S.Inquiries maybedirected to theParks andRecreation Department at 305.673.7730. INTERESTED PARTIESare invited to appear at this meeting,or be representedbyanagent,ortoexpress their views in writingaddressed to the CityCommission,c/o theCityClerk,1700 ConventionCenterDrive, 1st Floor,CityHall,Miami Beach,Florida33139.Copiesofthese items areavailable forpublicinspectionduringnormalbusinesshoursinthe Office of the CityClerk,1700 ConventionCenter Drive,1st Floor,CityHall, Miami Beach,Florida 3313 9.This meeting,or any item herein,may be continued,and under suchcircumstances,additionallegal notice need notbeprovided. Membersofthe public maypresent audio/visual(AV)materials relatingtoAgenda Items at Cit yCommissionmeetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,providedthatmaterials are submitted to the Department of Marketingand Communications by 8:30 A.M.,one(1)businessday priortothe meeting.Advance submittal of apresentationwill allow the Communications Department to plan forthe useofthe appropriateAVequipment.AVmaterials maybesubmittedvia email at communications@miamibeachfl.gov;or handdelivered in ajumpdrive,CDorDVD to:Attention:Attention:Department of Marketingand Communications,1701Meridian Avenue,5th Floor,Miami Beach,FL 3313 9.Presentations,videos or links must include alabel notingthe name or group,contactperson,daytime telephone number,emailaddress, description/title of the presentationand Agenda Item Titleaswell as the Agenda Item number.Acceptable formats forelectronic submissionare .pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Notethat.pdf is the preferred format forPowerPoint presentations.) Pursuant to Section286.010 5,Fla.Stat.,the Cityhereby advises the public that if apersondecides to appeal any decisionmade by the CityCommission with respect to any matter considered at its meetingorits hearing,such person must ensurethataverbatim record of the proceedings is made,whichrecord includes the testimony and evidence upon whichthe appeal is to be based.This notice does notconstitute consent by theCityfor theintroductionoradmissionofotherwise inadmissible or irrelevant evidence,nordoes it authorize challengesorappealsnot otherwise allowed by law. To requestthis material in alternateformat,sign language interpreter(five-daynotice required),informationonaccessfor persons with disabilities,and/or anyaccommodationtoreviewany document or participatein any City-sponsored proceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option 6;TTYusersmay call via 711(Florida RelayService). Rafael E.Granado,CityClerk CityofMiamiBeach Ad No.1424 Page 372 of 376 Page 373 of 376 Page 374 of 376 Page:NE_AdNE_5,Pub.date:Thursday,October 19 Last user:tcureton@miamiherald.com Edition:1s tSection,zone:,NELastchangeat:17:46:4 October 17 THURSDAY OCTOBER 19 2017 NEIGHBORS 11NEMIAMIHERALD.COM CITY OF MIAMIBEACH NOTICE OF PUBLIC HEARINGS OCTOBER31,2017 NOTICE IS HEREBY giventhatthe CityCommission of the Cit yofMiami Beach,Florida,will hold a Special CityCommission Meeting on October31, 2017 startingat9:30 a.m.,in the Commission Chamber,ThirdFloor,Cit yHall,1700 ConventionCenter Drive,Miami Beach,Florida.ThefollowingPublic Hearings will be heardbythe Mayorand Cit yCommissionersatthe times listed,orassoon thereafter as thematterscan be heard: 9:37a.m.Second ReadingPublicHearing AN ORDINANCE OF THE MAYO RAND CITY COMMISSION OF THE CITY OF MIAMIBEACH,FLORIDA,AMENDINGCHAPTER 6OFTHE CODE OF THE CITY OF MIAMIBEACH,ENTITLED “ALCOHOLICBEVERAGES,”ARTICLE I,ENTITLED “INGENERAL,”SECTION 6-3 THEREOF,ENTITLED “HOURS OF SALE/VIOLAT IONS,”TO AMENDTHE HOURSOFPACKAGE SALES OF ALCOHOLIC BEVERAG ES (WHICHINCLUDE SALESOFALCOHOL FOR OFF-PREMISES CONSUMPTION)INTHE MXE MIXED USEENTERTA INMENT DISTRICT,AND IN THE ADJOININGCD-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT;AND PROVIDINGFOR REPEALER,SEVERABILIT Y,CODIFICATION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant toSection 2.05oftheCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOffice of theCityAttorneyat305.673.747 0.Please note that the First Readingofthis Ordinance will be heardonOctober 18 ,2017at10:05 a.m.,orassoon thereafter. 9:38 a.m.Second ReadingPublicHearing AN ORDINANCEOFTHE MAYO RAND CITY COMMISSION OF THECIT YOFMIAMIBEACH,FLORIDA,AMENDING CHAPTER 18 OF THE MIAMIBEACH CITY CODE,ENTITLED “BUSINESSES,”BYAMENDING DIVISION 2,ENTITLED,“VA LETPARKINGPERMITSFOR USEOFPUBLICPROPERT Y,”BY AMENDING SECTION 18 -343,ENTITLED,“PENALT IESAND ENFORCEMENT;FINE SCHEDULE;RIGHT OF APPE AL”;BY MODIFYING THE FINE AMOUNTS;PROVIDING FORREPEALER,SEVERABILITY,CODIFICAT ION,AND AN EFFECTIVEDAT E.This Ordinance is beingheard pursuant to Section 2.05 of theCityCharter and§16 6.041 F.S.Inquiries maybedirected to theOfficeofthe CityAttorneyat305.673.747 0.Please notethat theFirst Readingof this Ordinance will be heardonOctober18,2017. INTERESTED PA RTIESare invited to appear at this meeting,or be representedbyanagent,or to expresstheir views in writingaddressed to the City Commission,c/o the Cit yClerk,17 00 ConventionCenter Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.Copies of these items areavailable for public inspection duringnormalbusiness hoursinthe Office of the CityClerk,1700 Convention Center Drive,1st Floor,Cit yHall,Miami Beach,Florida 3313 9.This meeting,or any item herein,may be continued,and undersuchcircumstances,additionallegal notice need notbeprovided. Membersofthe public maypresentaudio/visual (AV)materials relatingtoAgendaItems at City Commission meetings heldinthe CommissionChamber by utilizingthe City’s AV equipment,provided that materials aresubmitted to the DepartmentofMarketingand Communications by 8:30 A.M.,one (1) business dayprior to themeeting.Advance submittal of apresentation will allowthe Communications Department to plan forthe useofthe appropriate AV equipment.AVmaterials maybesubmitted via email at communications@miamibeachfl.gov;orhand delivered in ajumpdrive,CDorDVD to:Attention: At tention:Department of Marketingand Communications,1701Meridian Avenue,5th Floor,Miami Beach,FL 3313 9.Presentations,videos or linksmust include alabel notingthe name or group,contactperson,daytime telephone number,email address,description/titleofthe presentation and Agenda Item Titleaswell as theAgendaItemnumber.Acceptableformatsfor electronic submissionare .pdf,.ppt,.pptx,.pps,.ppsx,.wmv,.aviand .mov.(Notethat .pdf is the preferred format forPowerPoint presentations.) Pursuant to Section 286.010 5,Fla.Stat.,theCityhereby advises the public that if apersondecides to appeal any decisionmade by the CityCommission with respect to any matter considered at itsmeetingorits hearing,such personmustensurethat averbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does notconstitute consentbythe Cit yfor the introduction or admissionofotherwise inadmissible or irrelevant evidence,nordoes it authorize challengesorappeals nototherwise allowedbylaw. To request this material in alternateformat,sign language interpreter(five-daynotice required),information on accessfor persons with disabilities,and/ or any accommodation to reviewany documentorparticipateinany Cit y-sponsoredproceedings,call 305.604.2489 and select 1for English or 2for Spanish,then option6;TTY usersmay call via 711(Florida Relay Service). To view the other matters appearingonthe Special Cit yCommission MeetingofOctober 31,2017,please visit http://www.miamibeachfl.gov/cit yclerk/ scroll.aspx?id=86429 Rafael E.Granado,Cit yClerk CityofMiamiBeach Ad No.1425 Page 375 of 376 Notices 2. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Office of the C ity Clerk D ATE:October 31, 2017 S UB J E C T:T IME CERTAIN. Legislativ e Tracking Office of the City Clerk Page 376 of 376