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20171031 SM2MIAMIBEACH Commission Meeting SUPPLEMENTAL MATERIAL 2 City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive October 31,2017 Mayor Philip Levine Com missioner John Elizabeth Alemdn Commissioner Ricky Arriola Commissioner Joy Malakoff Com m issioner Kristen Rosen Gonzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City Commission, any Gity Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity Attorney. SUPPLEMENTAL AGENDA C7 - Resolutions C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONCI LIATION AGREEMENTA/OLUNTARY COMPLIANCE AGREEMENT BETW EEN TH E CITY AND NORMANDY LIVING, LLC, IN THE MATTERS ENTITLED: (1) NORMANDY LIVING, LLC V. CITY OF MIAMI BEACH UNDER UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPM ENT ( H U D) UN DER CAS E N U MBERS : 04-17 -7 816-8; 04-1 7 -7 81 6-4 AN D 04-1 7 -7 81 6-9; AND (2) NORMANDY LlVlNG, LLC, V. THE C|TY OF MtAMt BEACH, ET AL., UNDER CASE NO.: 17-2060-CA-10; CURRENTLY PENDING lN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. Office of the City Attorney Supplemental updated on 1012712017 and 1013012017 (Settlement Agreement) 1 Supplemental 1, October 31,2017 Commission Meeting R7 - Resolutions R7 E 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 FLORTDA NOT-FOR-PROF|T CORPORATTON ("FOUNDAT|ON"), 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 RECREATTON FAC|LITY(THE "FAC|L|TY" OR "CENTER"), TO BE LOCATED ATA PORTION OF THE CtTy',S "p72" SURFACE PARK|NG LOT AT 53RD STREET AND COLLTNS AVENUE (THE "P72 LOT"), AND WHTCH FAC|L|TY, ONCE COMPLETED, W|LL BE USED AS AN ADAPTIVE RECREATION CENTER SERVING PERSONS W ITH PHYS ICAL AND COGN ITIVE 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,OOO SQUARE FEET, WrrH A MAXTMUM HETGHT OF TWENTY FOUR (24)FEET,AND CONTAINING A BUILDING HAVING NO MORE THAN 1O,OOO SQUARE FEET, WITH THE FINAL LOCATION FOR THE FACILITY AT THEP72 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 NtNE (9) YEARS, COMMENCTNG UPON THE CtTY',S COMPLETION OF THE CONSTRUCTION OF THE FACILITY; FURTHER ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY coMMtsstoN MEMoRANDUM ACCOMpANytNG THtS RESOLUTTON) AND WAtVtNG, BY 5l7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVERTO 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. 9:55 a.m. Public Hearing Parks and Recreation Deferred from September 25, 2017 - R7 S Commissioner Joy Malakoff Supplemental updated on 1013012017 (Additional lnformation) 2 Agendattem C7B Date t0-3t-11 T'NITED STATES DEPARTMENT OF HOUSING AND URBAN DEVILOTMENT TITLE YIII SECTION 109 of TITLE r Or THE IIOUSING AND COMMUNITY DEYE,LOPMENT ACT OF 1974 AND SECTION 50{ OF THE REHABILITATION ACT OF 1973 CONCILIATION AGREEMENT/VOLUNTARY COMPLIANCE AGREEMENT Between Normandy Living, LLC (Complainant) And City of Miami Beach, Florida City of Miami Beach, Florida-Planning Department (Respondents) Approved by the FHEO Regional Director on behalf of the United States Department of Housing and Urban Development FI{EO CASE NUMBaR : 04-17 -7 81 6-8; a4-fi -7 8164; A4-17 -7 81 6-D & 04- I 7-78 I 6-9 3 A. PARTIES AND SUBJECT PROPERTY Complainant Normandy Living, LLC 101 20u Skeet, Suite 2705 Miami, FL 33139 Complainant's Representative: Craig Lewis, Esq. Vincent F. Vaccarella P.A. 333 N. New River Drive, East, Suite 3000 Fort Lauderdale, FL 33301 Resoondents: Ciry of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 City of Miami Beach, Florida -Plauning Deparknent 1700 Convention Center Drive Miami Beaclu FL 33139 Respondents' Representative Margaret Mevers, Esq. l22l Brickell Ave. , 19rh Floor Miami, Florida 33131 Subject Property: 1904 Marseille, Drive Miami Beach, FL 33131 710 Rue Granville Miami Beach, FL 33141 B. STATEMENT OF ALLEGATTONS A complaint was filed with the United States Department of Housing and Urban Development (HUD or the Department) on April 17,?0l7,alleging that the Complainant was injured by diseriminatory acts. It is alleged that Respondents were responsible for discriminatory terms, conditions, or privileges or facilities in connection with the dwelling, failure to make reasonable accommodation, and using ordinance to discriminate Normandy v, City of Miami Beach, et tl o4-t7-78t6{,t4t9 Prge 2 of8 -RY _ City of Miami Beach 4 in zoning and land use. Complainant believes Respondents collectively discriminated against the organization because of disability. The Complainant alleged that the most recent act to have occurred on November 29, 2016. If proven, the allegations would constitule violations of Sections 804 (0(1) and 804(f)(3)&) of Title VIII of the Civil Rights Act of 1968 as amended by the Fair llousing Act of 1988, Section 504 of the R.ehabilitation Act of L973, and Section 109 of Title I of the Housing and Community Development Act of 1974. Complainant and Respondents, without admitting fault, liability, or responsibility for Complainant's alleged damages, agree that it is io their respective interests to voluntarily settle this controversy and resolve this matter without the necessity of an evidentiary hearing or otherjudicial process available under the laws cited above. C. TERMOFAGREEMENT i 1. This Conciliation Agreement (Agreement) shall govern the conduct of the parties to it for a period of one (l) year from the Effective Date of this Agreement. D. ETFECTIYE DATE The parties expressly agree that this Agreement constitutes neither a binding contract under state or federal law nor a Conciliarion Agreement pursuant to the Act, unless and until such tirne as it is approved by the U.S. Department of Housing and Urban Development, through the FHEO Region IV Director, or his or her designee. This Agreement shall become effective on the date on which it is approved by the Regional Director of the Office of Fair Housing and Equal Opportunity (FHEO) of the United States Department of Housing and Urban Development (HUD) 40 Marietta Stree! Atlanta, Georgia 30303 or his or her designee. GENERAL PROVISIONS The parties acknowledge that this Apeement is a voluntary and full settlement of the Title VIII, Section 504, and Section 109 disputed complaints. The parties affirm that they have read and fully understand the terms set forth herein. No party has been coerced, intimidated, threatened, or in any way forced to become a party to this Agreement. 5. The Respondents acknowledge that they have an affirmative duty not to discriminate under the Act, and it is unlawful to retaliate against any person because that person has made a complaint, testified, assisted or pafiicipated in any manner in a proceeding under the Act. Respondents further acknowledge that any subsequent retaliation or Norrnrndy v. City of Miami Beach, et al 04-17:7816{,1419 Page 3 of8 2" 3. E. 4. -RY _ City of Miami Besch 5 6. 7. discrimination constitutes both a material breach of this Agreement, and a statutory violation of the Act. This Agreement, after the FHEO Regional Director or his or her designee has approved it, is binding upon Respondents, their employees, heirs, succesiors and assignees, and all others in active concert with them in the operation of the subject property. It is understood that, pursuant to Section s10OX4) of the Ac! upon approval of this Agreement by the FHEO Regional Director or his or her designee, it is a public document. 8. This Agreement does aot in any way limit or restrict the Deparhnent's authorrty to investigate any other complaint involving the Respondents made pursuant to the Fair Housing Act or any other complaint within the Department's jurisdiction. 9. No amendmetrt to, modification o{ or waiver of any provisions of this Agreement shall be effective unless: (a) all signatories or their successors to the Agreement agreein writing to the amendment, modification, or waiver; (b) the amendment, modification, or waiver is in uniting; and (c) the amendment, modificatioq or waiver is approved and signed by the FHEO Regional Director or his or her designee. 10. The Panies agree that the execution of this Agreement may be accomplished by separate execution of consents to this Agreement; the original executed signature pages to be attached to the body of the Agreement to constitute one document. 1 1. Complainant, hereby forever waives, releases, and covenants not to sue the Department, Respondents, their heirs, executors, assigns, agents, employees and attomeys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknown, arising out of the subject matter addressed in HUD Case Number 04-17-7816.8/4n/9, and the subject maffer addressed in Normandy Living LLC v. The City of Miami Beach, Thomas Mooney, Raul J. Aguila, and the Planning Board of the City of Miami Beach, Flarida, ef a/. (currently pending in The Circuit Court of the llth Judicial Circuit in and for Miami,Dade County, Florida" case number 17-2060-CA-10) or which could have been filed in any acfion or suit arising from said subject matter (hereinafter "Actions"). 12. Respondents, hereby forever waive, release, and covenant not to sue the Department or Complainant, or its successorso assigns, agents, ofhcers, managers, members, board members, employees and attorneys with regard to any and all claims, damages, and injuries of whatever nature, whether presently known or unknowrl arising out of the subject matter of HUD Case Number A4-fi-7816-8/4/9, Normandy Living LLC v. The City of Miami Beach, Thomas Mooney, Raul J. Aguila, and the Planning Board of the Cigt of Miami Beach, Flarida (currently pending in The Circuit Court of the l lth Judicial Circuit in and for Miami-Dade County, Florida, Case Number 17-2060- Normandyv. City of Miami Beach, et al *4-t7Jt8t6.8t4t9 Pagc 4 of8 RY City of Miami Beach 6 CA-10) or whic.h could have been filed in any action or suit arising from said subject matter (the "Actions" as defined in paragraph I I hereof). r.. BTLIEF FOR COMPLAINANT 13. Conditioned upon Complainant's satisfaction of the requirements set forth in paragraph 14, Respondents agree to pay Complainant, Normandy Living, LLC the amotmt of $500,000.00 (Five Hundred T'housand Dollars) within ten (10) business days of the Effective Date of this Agreement. The payment shall be made via wire transfer to Complainant's representative attorneys, pursuant to &e wire inskuctions provided by Complainant's attomey. Complainant's attorney shall provide wire instructions within one (1) business day of the Effective Date. A copy of proof of wire tansfer shall be sent to Curtis Barnes, Conciliator via email at curtis.l.barnes@hud.goy. Complainant's attorneys will hold the funds in their trust account until the dismissals are filed in accordance with paragraph 14. 14. Complainant agrees within three (3) business day of the Effective Date of this Agreement to send Respondents' attorneys the notice of dismissal with prejudice of all pending claims including but not limited to HUD Case Number 04-17-7816- 9/4/D/9 and Normandy Living LLC v. The City af Miami Beach, Thomas Mooney, RauI J. Aguila, and the Planning Board of the City of Miami Beach, Florida, currently pendrng in The Circuit Court of the 1lth Judicial Circuit in and for Miami- Dade County, Florida, Case Number 17-2060-CA-10. Respondents' attorneys will hold the dismissal in trust pending clearance of the settlement funds in Complainant's attorney's trust account, and will file the dismissal immediateiy upon being notified of ciearanc.e. G. RELIEF IN THE PIJBLIC INTEREST 15. Within One Hundred and Eighty (180) days of the Effestive Date of this Agreemen! the employees of the City of Miami Beach Planning Department who deal directly with the public invotving zoning applications, must attend training on the Federal Fair Housing Act; Section 504 of the Rehabilitation Act of 1973, and Section 109 with particular emphasis on reascnable apcommodation and reasonable modifications. The training will be provided by the City of Miami Beach Office of the City Attorney or HUD Programs Compliance. Those employees required to obtain training pursuant to this paragraph shall obtain from the trainer or training entlty certificates of attendance signed by each individual who attends the training. Respordents shall provide the Department with copies of the certificates of attendance. 16. At its City Commissisn meeting on October 31, 2017, Respondents will present, for Iirst reading, a zoning ordinance for residential detox facilities. ln the event that the zoning ordinance for residential detox facilities is approved by the City Commission I\lormandy v. City of Miami Beach, et al a4-fi-78t64t4t9 Page 5 of8 RY _ City of Miami Beach 7 on flrst reading, a copy of the proposed zoning ordinance will be provided to the Department for review and comment immediately following first reading. The Department shall provide any input to Respondent no later than November 30,2017. The City will ensure the zoning ordinance for residential detox facilities is in compliance with the Department's review as to non-discrimination prior to second reading which is tentatively set for December Zifi. Complainant may obtain a copy of the proposed ordinance which is a public reccrd pursuant to Florida public records law. Complainant may attend the City Commission public hearings addressing consideration of the zoning ordinance for residential detox facilities the same as all other members ofthe public. 17. Respondents will develop and maintain policies and procedures for accepting and processing requests for reasonable accommodations for persons with disabilities. The proposed policies and procedures will be provided to the Department for review and comments prior implementation. 18. Respondents will display a HUD Fair Housing poster in the office where zoning applications are submitted. 19. Respondents agree to apply their policies and procedures in a nondiscriminatory manner. H. MONIITORING 20. The Department shall determine compliance with the terms of this Agreement. During the term of this Agreement, HUD may review compliance with this Agreement. As part of such review, HUD may inspect Respondents' property identified in Section A of this Agreement, examine witnesses and copy pertinent records of Respondents. Respondents agree to provide their full cooperation in any monitoring review undertaken by HUD to ensure compliance with this Agreement. I. REPORTING AIID RECORDKEEPING 21. All required certifications and documentation of compliance must be submitted to: U.S. Department of Housing & Urban Development Office of Fair Housing and Equal Opportunity ATTN: Curtis Barneso Conciliator 40 Marietta St.-t6th Floor- l6s floor Atlanta, GA 30301 I{ormandy v. City of Miami Beach' et al 04-17-7E16414t9 Ptge 6 of8 -RY _ City of Miami Beach 8 J. CONSEQUENCES OF BRJACH 22. Whenever, during the term of this Agreement, the Secretary, after an examination of any facts and circumstancss, has reasonable cause to believe that the Respondents have breached this Agreement in a material way, the Secretary may refer the alleged breach to the Attomey Ceneral of the United States with a request to commence a civil action in the appropriate U. S. District Court pursuant to $$ Sl0(c) and 8laft)(2) of the Act. 23. Any act(s) or omission(s) of an employee who violates the terms of this Agreement may serve as grounds for HUD imposing debarment, as set forth in 24 C.f.R. $ 24.300; suspension, as sst forth in 24 C.F.R. $ 24.400; or limited denial of participation, as set folth in 24 C.F.R" $ 24.705 for that employee. 24. Complainant's or Respondents' act(s) or omission(s) violating the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with applicable civil rights authorities. IC GENERAL RELEASE 25. Complainant and Respondent irrevocably and unconditionally release, retnise, and forever discharge each other and their respective parents, subsidiaries, principals, afiiliates, partners, predecessors, successors, assigns, agents, officersn directors, shareholders, managers, members, commissioners, board members, elected officials, employees, representatives, insurance carrier, attorneys and all other persons acting by, though, under or in concert with any of them ("Released Parties"), from any and all charges, complaints, claims, liabilities, suits, rights, demands, costs, Iosses, debts, accounts, covenants, actions or sauses of action, judgments and expenseso and any other claims of whatever nature, including, but not limited to, the allegations which were set forth or could have been set forth in the Actions, whether in contract or tort, including attomeys' fees and costs of any nature whatsoever, known or unknown, suspected or unsuspected, of €very rature, charaeter and description without limitation in law, equity ar othelwise, which they, or any person, coqporation, or entity claiming or purporting to claim by or through them, now have or have heretofore had against themo whether now known or unknown, suspected or unsuspected. This Release specifically includes, without limilation, all known and unknown claims for damages, both to person and property, diminution in value, and all other claims, damages, and necessary expenses of every kind arising now or in the future related to the Actions, except as necessary to enforce the terTns of this Agreement. This Agreement shall be binding upon and inure to the benefit of the ,ui""rrors and assigns of the parties, including, but not limited to, those arising out of or connected with the Actions or the relationship and activities which took place between the Released Pa*ies. This general release as set forth in this paragraph 25 is expressly intended to survive termination and/or expiration of this Agreement. Normandy v. City of Miami Beach' et al 0+17-7816-8/419 Prge 7 of8 -RY _Ciry of Miarni Bcach 9 L. CERTIHCATION/SIGNATURES By-affixiug their signatures hereunder, the parties certify that they have reviewed andunderstand the terms and conditions of this Agr"**"rrt, *dihut they have rui urtt orityto snter into this Agreement on behalf of themselves or as agents of others. L. SIGNATURES Complainant: Rick Yun for Normandy Living, LLC Date Title withNormandy Living, LLC Respondents city of Miami Beach & city of Miami Beach planning Department: Signature Date By: PrintName Title APPRO\IEDASTO FORM &LANGUAGE &FOR P(ECUTION : .Clerk APPROYAL H Carlos Osegueda FHEO Region IY Director Date Normandy v. City of Miami Beach, et al [4-17-7816€ldt9 PrgeS of8 CltyAttorney &i{t RY _ City of Miami Beach 10 Agenda ftem rt1E Date lo-3t-17 AAIAMINTACH City of Miami Beach , ITOO Convenlion Center Drive, Miomi Beqch, Florids 33I 39, www,miomibeachfl.gov COMfvll MEMORANDUM Mayor Philip Levine and Members of City Jimmy L. Morales, City Manager October 31,2A17 SUBJECr: ADDITIONALINFORMATIONFOR M R7E: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AGCEPTING THE PROPOSAL FROM THE SABRINA COHEN FOUNDATION, !NC., A FLORTDA NOT-FOR-PROF|T 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 G|TY-OWNED PARKS AND RECREATION FAGILITY (THE 'FAG!L|TY" OR ,,GENTER"), Tg BE LOCATED AT A PORTION OF THE CITY',S t'P72" SURFACE PARKING LOT AT 53RD STREET AND COLLTNS AVENUE (THE "P72LOT"I, 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 WTH 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 FACILIW SHALL BE APPROXIMATELY, BUT NOT MORE THAN, 5,000 SQUARE FEET, WITH A MAXIMUM HEIGHT OF TWENW FOUR (24) FEET, AND CONTAINING A BUILDING HAVING NO MORE THAN IO,OOO 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 RECREATTON CENTER ON THE CtTY',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 tN THE CITY COMMTSSION MEMORANDUM ACCOMPANY|NG TH|S RESOLUTION) AND WA|VING, BYs/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAVER 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. At the September 2A, 2017 Finance Committee meeting, and subsequently, in a letter to the City Commission dated October 24, 2017, counsel for the lmperial House Condominium, lnc. (the "lmperial House") made certain factual misrepresentations, including with respect to the number of spaces at the P72 Lol. Specifically, counsel erroneously claimed that of the 139 parking spaces in the lot, 35 were reserved for Fire Departrnent personnel, "leaving only 1Q4 spaces publicly available in the lot." TO: FROM: DATE: 11 ln an effortto clarifythe record, attached is an aerial of the P72Lol, confirming 139 separately numbered parking spaces at the P72 LoL All 139 publicly available parking spaces are separate and apart from the 35 spaces reserved for Fire Department. Further, in addition to the Parking Department's utilization survey conducted in April,2017, attached is a second utilization survey conducted by the Parking Department on Wednesday, September 20, 2017 through Sunday, September 25,2017. Consistent with the findings of the April, 2017 utilization survey, the results of this September, 2017 survey indicate that there is a significant underutilization of the 139 spaces at the P72 Lot. NA- JLM/EC/N U 2 12 TT tri!^ ; $[B il l-L-l/ (E, l(r,l3 l- r-C (t:_.T --;l-=+I [' r/ t-:l ll o-(tr =+,oJ olC lz lb(o o- Nt\o- Ioo(, oc EoC co Etoo Eo II 0 E Gorioc! oo .95 fcsl 'qe{.ild&' ,, (rr,(r 13 clTy oF MrAMr BEACH - pARKtNG LOT p72 (53RD STREET AND COTL|NS AVENUE) 55 14 CIW OF MIAMI BEACH . PARKING LOT P72 (53RD STREET AND COLLINS AVENUE} el23l20t7 VERAGE 69 <69% t2 92% TOTAT too% 15 16