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HomeMy WebLinkAbout07.12.2017 City Council AgendaCITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 12, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: July 26, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – June 28, 2017 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Felicia Robinson - Commendation – Alice Kincey (G) PUBLIC COMMENTS Page 1 of 87 (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 “FEE SCHEDULE AND PAYMENT”, SECTION 26-29 “REQUEST FOR ADJUSTMENT”, SECTION 26-31 “ENFORCEMENT AND PENALTIES”, AND ADDING SECTION 26-32 “PROHIBITIONS GENERALLY”, AND SECTION 26-33 “PERMITS, PLAN REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES” OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (1ST READING – JUNE 28, 2017) (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: None (L) RESOLUTION(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 2 of 87 MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY CENTER DESIGN-BUILD TO ___________________________; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None (N)ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-USE VARIANCE TO ALLOW OFF- STREET PARKING ON A NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF Page 3 of 87 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S)ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 87 Medical Marijuana 18605 N W 27th Avenue  Miami Gardens, Florida 33056  City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:N/A X Sponsor Name: Councilman David Williams Jr. Department: Short Title:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,  EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND  ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE,  BUSINESS TAX RECEIPTS  AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL  MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING  ORGANIZATIONS FOR AN ADDITIONAL 180‐DAY PERIOD; PROVIDING FOR EXCEPTIONS;  PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR  PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL  ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR  INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.  Staff Summary:  Background On January 11, 2017 the City Council of the City of Miami Gardens adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida Constitution, legalizing medical marijuana. As Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations are new and unique uses which are not currently addressed by the City's Land Page 5 of 87 Agenda Item H-1 Extending Moratorium of Medical Markunan Dispensing Organization Medical Marijuana 18605 N W 27th Avenue  Miami Gardens, Florida 33056  Development Regulations or Code of Ordinances, the Ordinance called for a temporary moratorium on acceptance of applications permitting new Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations for a period of 180-days. This would have allowed the City time to review and study this unique use, and determine the scope of measures for implementing any regulations. Current Situation On June 9, 2017, the Florida Senate passed Senate Bill 8A and Senate Bill 6A, which allows local governments to regulate the location of dispensing facilities and provides that a local government may ban dispensaries within its borders. The proposed legislation also provides that if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. On June 23, 2017, the proposed legislation was approved by the Governor. Councilman David Williams, Jr., is recommending a 180-day extension of the temporary moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. This will allow the City the additional time needed to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances which do not conflict with State law or Department rule at such time as those rules or laws are enacted by the State legislature per Section 381.986(8)(b), Florida Statutes. During this 180-day extension period, the City will not take any action on any application for certificate of use, business tax receipts, development permits, issue any development order, or take other official action, which would have the effect of allowing, or permitting the development of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations, except as provided in this Ordinance. Proposed Action:  That the City Council approves the proposed Ordinance. Attachment:  Exhibit “A”- Previous Ordinance No. 2017-1-365 Page 6 of 87 Added language is underlined. Deleted language is stricken through. 1 ORDINANCE NO. 2017_____ 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, EXTENDING THE EXISTING 4 MORATORIUM ON THE SUBMISSION, PROCESSING AND 5 ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF 6 USE, BUSINESS TAX RECEIPTS AND ALL OTHER 7 APPLICATIONS AND PERMITS FOR THE OPERATION OF 8 MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL 9 MARIJUANA DISPENSING ORGANIZATIONS FOR AN 10 ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; 11 PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY 12 MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR 13 ADOPTION OF REPRESENTATIONS; REPEALING ALL 14 ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY 15 CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING 16 AN EFFECTIVE DATE. 17 18 WHEREAS, on January 11, 2017, the City Council of the City of Miami Gardens 19 adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida 20 Constitution, which legalized medical marijuana, as approved by Florida voters on 21 November 8, 2016, and 22 WHEREAS, as Medical Marijuana Dispensing Facilities and Medical Marijuana 23 Dispensing Organizations are new and unique uses which are not currently addressed by 24 the City's Land Development Regulations or Code of Ordinances, the Ordinance called 25 for a temporary moratorium on acceptance of applications permitting new Medical 26 Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations for a 27 period of one hundred and eighty (180) days, and 28 WHEREAS, the purpose of the moratorium was to allow the City time to review 29 and study this unique use, and determine the scope of measures for implementing any 30 regulations, and 31 Page 7 of 87 Added language is underlined. Deleted language is stricken through. 2 WHEREAS, on June 9, 2017, the Florida Senate passed Senate Bill 8A and 32 Senate Bill 6A, which allows local governments to regulate the location of dispensing 33 facilities and provides that a local government may ban dispensaries within its borders, 34 and 35 WHEREAS, the proposed legislation also provides that if a local government 36 permits dispensing facilities, it may not impose limits on the number of dispensing 37 facilities, and 38 WHEREAS, on June 23, 2017, the proposed legislation was approved by the 39 Governor, and 40 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 41 Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required 42 to protect the public health, safety and welfare of its citizens and has the power and 43 authority to enact regulations for valid governmental purposes that are not inconsistent 44 with general or special law, and 45 WHEREAS, the City needs time to research and study the nature and scope of 46 possible measures for regulating Medical Marijuana Dispensing Facilities and Medical 47 Marijuana Dispensing Organizations, 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 49 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 50 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 51 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made 52 a specific part of this Ordinance. 53 Page 8 of 87 Added language is underlined. Deleted language is stricken through. 3 Section 2. EXTENSION OF MORATORIUM: The moratorium approved in 54 accordance with Ordinance No. 2017-1-365 on the submission, processing and issuance 55 of development permits, certificates of use, business tax receipts and all other 56 applications and permits for he operations of medical marijuana dispensing facilities and 57 medical marijuana dispensing organizations for a one hundred and eighty (180) period 58 shall be extended for one hundred and eighty (180) additional days. During this one 59 hundred and eighty (180) day period, the City will not take any action on any application 60 for certificate of use, business tax receipts, development permits, issue any development 61 order, or take other official action, which would have the effect of allowing, or 62 permitting the development of Medical Marijuana Dispensing Facilities or Medical 63 Marijuana Dispensing Organizations, except as provided in this Ordinance. In the event 64 the State preempts local regulations, then State law will take precedence. 65 Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning 66 in progress as it relates to the processing of any applications and permits relating to Medical 67 Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. All 68 affected property and business owners are placed on notice with respect to these pending 69 regulations and the actions being taken by the City. 70 Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith 71 are hereby repealed. 72 Section 5. SEVERABILITY: If any section, subsection, sentence, clause, 73 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 74 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 75 Page 9 of 87 Added language is underlined. Deleted language is stricken through. 4 independent provision and such holding shall not affect the validity of the remaining 76 portions of this Ordinance. 77 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 78 immediately upon its final passage. 79 PASSED ON FIRST READING ON THE _____ DAY OF __________, 2017. 80 PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017. 81 82 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 83 GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 84 ______________, 2017. 85 86 ________________________________ 87 OLIVER GILBERT, III, MAYOR 88 89 90 91 ATTEST: 92 93 94 _________________________________ 95 RONETTA TAYLOR, MMC, CITY CLERK 96 97 98 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 99 100 101 SPONSORED BY: DAVID WILLIAMS, JR., COUNCILMAN 102 103 104 Moved by: __________________ 105 Second by: _________________ 106 107 VOTE: _________ 108 109 Page 10 of 87 Added language is underlined. Deleted language is stricken through. 5 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 110 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 111 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 112 Councilman Rodney Harris ____ (Yes) ____ (No) 113 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 114 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 115 Councilman David Williams Jr ____ (Yes) ____ (No) 116 117 118 Page 11 of 87 Page 12 of 87 Page 13 of 87 Page 14 of 87 Page 15 of 87 Page 16 of 87 Page 17 of 87 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: Revenue Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Cameron D. Benson, City Manager Department: City Manager City Manager’ s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 “FEE SCHEDULE AND PAYMENT”, SECTION 26-29 “REQUEST FOR ADJUSTMENT”, SECTION 26-31 “ENFORCEMENT AND PENALTIES”, AND ADDING SECTION 26-32 “PROHIBITIONS GENERALLY”, AND SECTION 26-32 “PERMITS, PLAN REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES” OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On May 10, 2017 Council approved the increase of stormwater fees from $4.00 to $6.00 per ERU per month. The revenue derived from this fee is to cover the costs for capital projects as well as maintenance of the stormwater system. In the FY 2017 budget, the Fleet Manager submitted a five year vehicle replacement plan to replace the 10 year old Street Sweeper and the two Vacuum Trucks. Page 18 of 87 Agenda Item I-1 Amending Stormwater Utility Article Current Situation The monthly stormwater bill for each non-residential property is charged for the impervious surface. Impervious area is defined as any part of any parcel of land that has been modified by the action of persons which reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved (parking lots), graveled, compacted, or covered with structures (building footprint). The base charge is the same used for the residential properties - $6.00 per ERU per month. However, the present value of one ERU for nonresidential property is 1,548 square feet of impervious area which is divided into their total impervious area and then multiplied by the $6.00 per ERU. Staff is proposing a 35% reduction cost to properties over 10 acres. The property owner will need to complete an application for the cost reduction with the following, in order to receive reimbursement after paying the total stormwater fees: 1.The properties will need to maintain a valid National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit. The property owner must send the stormwater management utility director a copy of the NPDES Permit and subsequent renewals. 2.Property owners must demonstrate that their existing stormwater or new Stormwater Control Measure controls the volume and quality of stormwater generated from their immediate Developed Property (onsite) by providing facts, opinions, survey data, and signed and sealed engineering reports and calculations to substantiate their reduction. 3.The property owner’s must maintain preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. Property owner must document all operation and maintenance activities and provide the City with a report annually by April 30. Therefore, failure to maintain the stormwater facilities onsite or provide the above information of maintenance or other pertinence information to the City may result in a denial of the cost reduction request for the following year. Analysis One example of a problem of properties over 10 acres (approximately 56 properties) is the flooding of parking lots where they are not being maintained. Therefore, this proposed cost reduction will be a way of property owners having an incentive in maintaining their stormwater system and the actual stormwater on the property and document their maintenance activities through the year. Staff reviewed the entire the ordinance and found other sections needed to be revised and/or added: Sec. 26-26: Fee Schedule and Payment - the collection of stormwater management utility fees through the tax roll as a non-ad valorem fee; Sec. 26-31: Enforcement/Penalties – aligns Ordinance with Florida State Statue 197.172; Sec. 26-32: Prohibitions – lists nine prohibited acts, authority to issue cease and deist orders for prohibited activities, and liability for pollution abatement; and Establishes Sec. 26-33: Permits, Plan Reviews, Inspections, and Administrative Fees. Fiscal Impact Page 19 of 87 This proposed 35% cost reduction with the new stormwater fee of $6.00 per ERU will generate additional revenue of approximately $1.5 million based on FY 2017 certification. Proposed Action: Recommend Council approval of the Stormwater 35% cost reduction for non-residential properties over 10 acres and other changes/additions in the ordinance. Attachment: Attachment #1: Chapter 26 – Utilities – Article II – Stormwater Management Ordinance Page 20 of 87 ORDINANCE NO. 2017_____ 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, 4 ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 5 “FEE SCHEDULE AND PAYMENT”, SECTION 26-29 6 “REQUEST FOR ADJUSTMENT”, SECTION 26-31 7 “ENFORCEMENT AND PENALTIES”, AND ADDING 8 SECTION 26-32 “PROHIBITIONS GENERALLY”, AND 9 SECTION 26-33 “PERMITS, PLAN REVIEWS, 10 INSPECTIONS, AND ADMINISTRATIVE FEES” OF THE 11 CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF 12 REPRESENTATIONS; REPEALING ALL ORDINANCES IN 13 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 14 PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 15 EFFECTIVE DATE 16 17 WHEREAS, in accordance with Chapter 26, Article II of the City of Miami 18 Gardens Code of Ordinances, the City has created a stormwater utility, and 19 WHEREAS, in May of 2017, the City Council authorized an increase of the 20 ERU from $4.00 to $6.00 and expressed its intent to continue to use the uniform 21 method for collection non-ad-valorem assessments for stormwater user fees as 22 authorized by Section 197.3632, and 23 WHEREAS, the City Manager is also recommending additional 24 amendments to the Stormwater Ordinance relating to requests for adjustments for 25 nonresidential properties in excess of ten (10) acres, enforcement and penalties, 26 and prohibitions, and permitting, 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 29 Page 21 of 87 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 1 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 2 are hereby made a specific part of this Ordinance. 3 Section 2. AMENDMENT: Chapter 26, Article II of the City of Miami 4 Gardens Code of Ordinances is hereby amended as follows: 5 Sec. 26-26. - Fee schedule and payment. 6 (a) The fee schedule shall be adopted by separate resolution to be amended by the 7 city council from time to time. 8 (b) Stormwater management utility fees shall be billed and collected as a separate line item on 9 utility account bills in the tax roll as a non-ad valorem fee. The city is authorized to utilize the 10 county as an acceptable third party to perform billing services appraiser’s office as an acceptable 11 third party to perform billing services. 12 (c) Bills for stormwater management utility fees shall be payable at the same time and in the same 13 manner and subject to the penalties as provided in this article. 14 (d) Separate accounts for stormwater utility services only may be established if other utilities are 15 not furnished to the property. 16 (e) (d) The owner of the property is ultimately responsible for all stormwater management utility 17 fees imposed under this article. 18 Sec. 26-29. - Request for adjustment. 19 All requests for adjustment of the stormwater management utility fee shall be 20 submitted to the stormwater management utility director and shall be reviewed 21 as follows: 22 (1) All requests shall be in writing and set forth in detail the grounds upon which an adjustment is 23 sought. All requests shall be judged on the basis of the amount of impervious area on the lot or 24 parcel, and/or additional or enhanced stormwater facility on or serving the lot or parcel. No credit 25 shall be given for the installation of facilities required by county or city development codes or 26 state stormwater regulations. 27 (a) The City shall reimburse the stormwater management utility fees by thirty-five percent (35%) 28 for non-residential properties in excess of ten (10) acres with privately maintained stormwater 29 facilities. However, the property must maintain a valid National Pollutant Discharge Elimination 30 Page 22 of 87 System (NPDES) stormwater discharge permit which drains to waters of the United States, as1 defined by the U.S. Environmental Protection Agency. The property owner must send the2 stormwater management utility director a copy of said NPDES Permit and subsequent renewals.3 (2) Adjustment requests made during the first calendar year that the fee is imposed shall be4 reviewed by the stormwater management utility director within a one-year six-month period from5 the date of submission. Adjustments resulting from such requests shall be retroactive to the6 effective date of the ordinance from which this article is derived.7 (3) All adjustment requests received after the first calendar year that the fee is imposed shall be8 reviewed by the stormwater management utility director within a two four-month period from9 the date of submission. Adjustments resulting from such requests shall be retroactive to the date10 of submission of the adjustment request, but shall not exceed one year.11 (4) The customer or property-owner requesting the adjustment may be required, at his/her own12 cost, to provide supplemental information to the stormwater management utility director,13 including, but not limited to, facts, opinions, survey data, and signed and sealed engineering14 reports and calculations to substantiate customer's case. Property owners must demonstrate that15 their existing stormwater or new Stormwater Control Measure controls the volume and quality16 of stormwater generated from their immediate Developed Property (onsite).17 Maintenance of Stormwater Systems:18 The owner or operator of the permanent stormwater management program shall ensure that said19 program is administered practices installed in accordance with the this law to shall ensure they20 are operated and maintained to achieve the goals of this law. Proper operation and maintenance21 also includes as a minimum, the following:22 (a) A preventive/corrective maintenance program for all critical facilities and systems of 23 treatment 24 and control (or related appurtenances) which are installed or used by the owner or operator to25 achieve the goals of this law. Property owner must document all operation and maintenance26 activities and provide the City with a report annually by April 30. Failure to provide such27 information may result in a denial of the adjustment request.28 (b) Failure to maintain the stormwater facilities onsite or provide information of 29 maintenance or other pertinence information may result in a denial of the cost 30 adjustment request. 31 32 (5) The stormwater management utility director shall provide the person requesting the33 adjustment with a written determination of the request within the time provided herein. Any34 adjustments shall be prorated monthly.35 Page 23 of 87 Sec. 26-31. - Enforcement and penalties. 1 (a) Stormwater utility fees shall be payable when due on the tax notice,. and, if late, 2 shall be subject to a ten percent late charge. Any unpaid balance for such fees 3 and late charges shall be subject to an interest charge in accordance with Fla. 4 Stat. § 197.172, as amended. Non-ad valorem assessments collected pursuant 5 to this Chapter shall be subject to all collection provisions of Chapter 197 of the 6 Florida Statutes, including provisions relating to discount for early payment, 7 prepayment by installment method, deferred payment, penalty for delinquent 8 payment, and issuance and sale of tax certificates and tax deeds for 9 nonpayment. at the rate of eight percent per annum. Imposition of such interest 10 charge shall commence 60 days after the past due date of the fees set forth on 11 the utility bill. Nonpayment of any portion of the stormwater utility fee shall be 12 considered as nonpayment of all other utilities appearing on the bill and may 13 result in the termination of all utility services appearing on the bill. 14 (b) All fees, late charge and interest accruing, thereupon due and owing to the utility which remain 15 unpaid 60 days after the past due date of the fees shall become a lien against and upon the 16 developed property for which the fees are due and owing to the same extent and character as 17 alien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest 18 accrued thereupon shall be, remain, and constitute a special assessment lien equal in rank and 19 dignity with the lien of ad valorem taxes and superior in rank and dignity to all other liens, 20 encumbrances, titles, and claims in, to or against the developed property involved for the period 21 of five years from the date said fees, late charges, and interest accrued thereupon, become a lien 22 as set forth in this article. Said lien may be enforced and satisfied by the city, on behalf of the 23 stormwater management utility, pursuant to F.S. ch. 173, as amended from time to time, or any 24 other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of 25 any other legal remedies for recovery of said fee, late charges, and accrued interest available in 26 the city and to the utility. The following conditions shall apply: 27 (1) Notice. For fees which become more than 60 days past due and unpaid, the city or the 28 stormwater management utility shall cause to be filed in the county public records, a notice of 29 lien or statement showing a legal description of the property against which the lien is claimed, its 30 location by street and number, the name of the owner, and an accurate statement of the fees and 31 late charges then unpaid. A copy of such notice of lien may be mailed within a reasonable time to 32 the owner of the property involved as shown by the records of the county tax collector. 33 (2) Appeals. A property owner shall have ten days after receipt of a bill to request an appeal in 34 writing to the city's code enforcement special master. Said request shall be mailed to the attention 35 of the finance director, shall be in writing, and shall state the basis for the appeal. Upon receipt 36 of a notice of appeal, the city shall schedule a hearing before the special master and shall provide 37 notice of the date of the hearing to the property owner by certified mail. If a request for an appeal 38 Page 24 of 87 is not filed within the ten-day time frame, the lien shall be deemed valid. If the city is the prevailing 1 party on appeal, a $100.00 administrative fee shall be assessed against the property owner.2 (3) Satisfaction. Liens may be discharged and satisfied by payment to the city, on behalf of the3 utility, of the aggregate amounts specified in the notice of lien, together with interest accrued4 thereon, and all filing and recording fees. When any such lien has been fully paid or discharged,5 the city shall cause evidence of the satisfaction and discharge of such lien to be filed with the6 office of the clerk of the circuit court of the county. Any person, firm, corporation, or other legal7 entity, other than the present owner of the property involved, who fully pays any such lien shall8 be entitled to an assignment of lien and shall be subrogated to the rights of the city and the utility9 with respect to the enforcement of such lien.10 (4) Exemption to notice. Notwithstanding other provisions to the contrary herein, the city on11 behalf of the stormwater management utility shall have the discretion not to file notices of lien12 for fees, late charges, and interest accrued thereupon in an amount less than $100.00. If the city13 or the stormwater management utility elects not to file a notice of lien, said fees, late charges,14 and accrued interest shall remain as debts due and owing in accordance with the provisions of15 this article.16 (5) Certificates verifying amount of debt. The utility is authorized and directed to execute and17 deliver upon request written certificates certifying the amount of fees, late charges, and interest18 accrued thereupon, which are due and owing to the utility and the city, for any developed19 property which is subject to payment of said fees, or the utility may certify that no fees, late20 charges or accrued interest are due and owing. Said certificates shall be binding upon the city and21 the utility. Third party requests for certificates may incur a reasonable charge based on22 administration and clerical time to research, produce and transmit said certificates.23 Sec. 26-32. – Prohibitions, Generally.24 (a) Prohibited acts. The following shall constitute a violation of this code: 25 (1) Any discharge into the stormwater system of the city or drainage district without written26 permission from the stormwater management utility director and the appropriate Drainage27 District.28 (2) Any discharge into the stormwater system of the City or Drainage District in violation of 29 any city, federal, state, county, municipal or other governmental law, regulation or permit is30 prohibited, except those discharges authorized by a valid NPDES permit.31 (3) Any discharge to the stormwater system that is not composed entirely of stormwater is 32 prohibited, except as authorized by a valid NPDES permit.33 Page 25 of 87 (4) Blocking, filling, altering or obstructing any drainage course, swale, canal, ditch or any type1 of stormwater management facility in a manner which alters the intended use of the facility,2 whether the facility is located on public right-of-way, dedicated easement, or private property is3 strictly prohibited unless specifically authorized by the city and the appropriate Drainage Districts.4 (5) Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or5 dumping of litter, or littering material such as dead plants, yard clippings, stagnant water, rubbish,6 debris, trash, refuse, including any wrecked derelict or partially dismantled motor vehicle, trailer,7 boats, machinery, appliances, furniture or similar article, or any unsanitary, hazardous or8 significant material or other noxious matter upon any surface area, stormwater management9 system or waterbody within the city is hereby prohibited.10 (6) Development of a parcel of land shall be prohibited from non-permitted discharges onto 11 adjacent parcels of land.12 (7) Failure to properly maintain a stormwater management facility so that it operates as 13 originally designed or permitted is strictly prohibited. If a stormwater system ceases to fully14 function as intended, the property owner may be required to replace or rebuild said system.15 (8) A failure to fulfill the requirements of § 26.20 of this code. 16 (9) A violation of any other mandatory provision of this chapter. 17 (B) Authority to issue cease and desist orders for prohibited activities. Whenever the18 stormwater management utility director or Building Official determines that conditions or19 activities exist which require immediate action to protect the public health, safety, or welfare, the20 stormwater management utility director, Building Official or his or her designee are hereby21 authorized to take all actions reasonably necessary to preserve the public health, safety and22 general welfare, including to enter upon any property within the city at such reasonable times as23 the stormwater management utility director or Building Official deems necessary for the purposes24 of testing, inspecting, investigating, measuring, and sampling the property where prohibited25 activities may exist. The stormwater management utility director or Building Official may issue26 cease and desist orders to effectuate the immediate discontinuance of any activity that the27 stormwater management utility director or Building Official determines causes or tends to cause28 a prohibited activity or condition. Failure to comply with such order shall constitute a separate29 violation of this code for each day the activity continues. This order may be made orally provided30 written notice of such order is subsequently issued in a prompt fashion.31 (C) Liability for pollution abatement. Any person, entity or property owner who discharges 32 pollutants into any waters of the State or stormwater systems or who fails to correct any33 prohibited condition or discontinue any prohibited activity at the stormwater management utility34 director or Building Official's request, shall be responsible to pay the necessary expenses incurred35 Page 26 of 87 by the city in carrying out any pollution abatement activities undertaken by the city to preserve1 the public's health, safety and general welfare, including any expenses incurred in testing,2 measuring, sampling, collecting, removing, containing, treating, and disposing of the pollutant3 materials in addition to assessed fines and legal fees.4 • Sec. 26-33. – Permits, Plan Reviews, Inspections, and Administrative Fees.5 (a) It shall be unlawful for any person or organization to construct, enlarge, alter, repair,6 relocate, or demolish a storm sewer, natural watercourse or other drainage facility, without first7 filing an application and obtaining a proper permit from the city, DERM or any required8 county/state agency. The city shall require the payment of administrative fees to defray certain9 administrative costs incurred by the city's Building Department and Engineering Department,10 including but not limited to permit application and plan review, inspection and engineering review11 for each project. Payment shall be due upon submission of the permit application.12 (b) Stormwater inspections and monitoring procedures. The city may enter, perform inspections,13 surveillance and monitoring procedures, within reasonable hours, on and of all structures and14 premises, and shall have free access to copying or reviewing pertinent records of a facility, system15 or premises, to ascertain the state of compliance with the laws, rules and regulations of the city,16 state and federal government regarding compliance as outlined in this chapter.17 (1) The compliance personnel of the enforcing agency shall be provided with official 18 identification and shall exhibit such identification when performing inspections.19 (2) The owner, operator, lessees, occupant or person in charge of the structure or premises 20 shall give the inspecting officer free access for the purpose of making such inspections without21 hampering, obstructing, or interfering with such obstruction.22 Section 3. CONFLICT: All ordinances or Code provisions in conflict 23 herewith are hereby repealed. 24 Section 4. SEVERABILITY: If any section, subsection, sentence, 25 clause, phrase or portion of this Ordinance is for any reason held invalid or 26 unconstitutional by any court of competent jurisdiction, such portion shall be 27 deemed a separate, distinct and independent provision and such holding shall not 28 affect the validity of the remaining portions of this Ordinance. 29 Page 27 of 87 Section 5. INCLUSION IN CODE: It is the intention of the City 1 Council of the City of Miami Gardens that the provisions of this Ordinance shall 2 become and be made a part of the Code of Ordinances of the City of Miami 3 Gardens and that the section of this Ordinance may be renumbered or relettered 4 and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such 5 other appropriate word or phrase, the use of which shall accomplish the intentions 6 herein expressed. 7 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8 immediately upon its final passage. 9 PASSED ON FIRST READING ON THE _____ DAY OF __________, 10 2017. 11 PASSED ON SECOND READING ON THE ____ DAY OF _________, 12 2017. 13 14 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 15 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 16 ______________, 2017. 17 18 ________________________________ 19 OLIVER GILBERT, III, MAYOR 20 21 22 23 ATTEST: 24 25 26 _________________________________ 27 Page 28 of 87 RONETTA TAYLOR, MMC, CITY CLERK 1 2 3 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 4 5 6 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 7 8 9 Moved by: __________________ 10 Second by: _________________ 11 12 VOTE: _________ 13 14 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 15 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 16 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 17 Councilman Rodney Harris ____ (Yes) ____ (No) 18 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 19 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 20 Councilman David Williams Jr ____ (Yes) ____ (No) 21 22 23 Page 29 of 87 Chapter 26 - UTILITIES ARTICLE I. - IN GENERAL Secs. 26-1—26-19. - Reserved. ARTICLE II. - STORMWATER UTILITY Sec. 26-20. - Intent. It is the purpose and intent of the city to create a municipal stormwater utility pursuant to F.S. § 403.0893(1), as amended from time to time, and to establish stormwater utility fees to be levied against all developed property in the city in the amounts sufficient to plan, control, operate and maintain the city's stormwater management system pursuant to F.S. § 403.0891(3). (Ord. No. 2006-25-106, § 2(1), 12-13-2006) Sec. 26-21. - Construction. This article shall be liberally construed to protect the public health, safety, and welfare, and to effectuate the purposes set forth herein. (Ord. No. 2006-25-106, § 2(2), 12-13-2006) Sec. 26-22. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Developed property means real property within the city on which improvements have been made to foster commercial, residential or civic use, and/or any property on which impervious structures have been placed. For new construction, a property shall be considered developed for purposes of this article: (1) Upon issuance of a certificate of occupancy or upon completion of construction or final inspection if no such certificate is issued; or (2) Where construction is at least 50 percent complete and construction is halted for a period of three months. Equivalent residential unit (ERU) means the representative average impervious area of single-family residential property located in the city. Page 30 of 87 Impervious area means any part of any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved, graveled, or compacted, or covered with structures. Excluded are all lawns, landscape areas, and gardens or farming areas. Manager means the city manager or his/her designee. Multifamily property means all residential development not classified as single-family residential. Nonresidential property means all property not zoned or used as single-family or multifamily residential property as defined in this article. Residential property means any later parcel developed exclusively for residential purposes, including but not limited to, single-family homes, manufactured homes, multifamily apartment buildings and condominiums, and transient rentals such as hotels and motels. Single-family property means all single-family detached residential dwelling structures. All other residential development shall be classified as multifamily. Stormwater means that part of precipitation that travels over natural, altered, or improved surfaces to the nearest stream, canal, or channel or impoundment and may appear in surface waters. Stormwater management plan means an approved plan for receiving, handling, and transporting storm and surface waters within the city stormwater management system. Stormwater management system means all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the city. The stormwater management system includes all pipes, channels, streams, canals, ditches, wetlands, sinkholes, detention/retention basins, ponds, secondary canals and their rights-of-way, and other stormwater conveyance and treatment facilities, whether public or private. Stormwater management utility director means the designee of the city manager responsible for implementing the stormwater management utility function. Undeveloped property means all real property within the city which does not meet the definition of developed property. (Ord. No. 2006-25-106, § 2(3), 12-13-2006) Sec. 26-23. - Utility established. (a) There is hereby created and established a stormwater management utility) program, which shall provide the operational means of implementing and carrying out the functional requirements of the stormwater management system. The stormwater management utility program shall be part of the overall utility systems of the city. Page 31 of 87 (b) The governing body of the stormwater utility program shall be the city council. (Ord. No. 2006-25-106, § 2(3), 12-13-2006) Sec. 26-24. - Customer base. All real property within the jurisdictional boundaries of the city shall be subject to stormwater management utility fees unless specifically exempted. The fees shall apply to all tax-exempt properties, including properties of federal, state, city, and county agencies and nonprofit organizations. (Ord. No. 2006-25-106, § 2(4), 12-13-2006) Sec. 26-25. - Utility fee categories. (a) Stormwater management utility fees are established and amended as necessary to be sufficient to plan, construct, operate, and maintain the stormwater management system, as required by F.S. § 403.0891(3). All lots and parcels subject to stormwater management utility fees in the city are divided into three classes as follows: (1) Single-family property. Each single-family property shall be considered 1.0 ERUs for billing purposes. (2) Multifamily. Each multifamily unit shall be considered as 0.6 ERUs for billing purposes. (3) Houses of worship. Houses of worship classified by the county property appraiser as land use type 71 shall be assessed a monthly utility fee which is 50 percent of the fee for nonresidential developed property calculated pursuant to subsection (a)(4) of this section. (4) Nonresidential property. The monthly utility fee for all nonresidential properties shall be billed and calculated in accordance with the following formula: The value of one ERU for nonresidential property is hereby determined to be 1,548 1.730 square feet of impervious area. (1,548 s1,730 quare feet of impervious area = 1.0 ERU). In instances where multiple utility customers occupy a developed property, the city shall implement a rational and equitable proration related to the occupancy contained thereon for billing purposes. The utility fee shall = (Number of nonresidential ERUs) x (rate per ERU) A minimum value of one (1.0) ERU shall be assigned to each nonresidential property. (b) For the purposes of calculating stormwater management utility fees, the calculation of ERUs is based upon property usage, as determined by the city and based on, but not limited by, state and county land use codes, local business licenses, city land development regulations, and site inspections. (c) The number of ERUs calculated for each account shall be rounded to the nearest 1/100 of a whole number. Page 32 of 87 (Ord. No. 2006-25-106, § 2(5), 12-13-2006) Sec. 26-26. - Fee schedule and payment. (a) The fee schedule shall be adopted by separate resolution to be amended by the city council from time to time. (b) Stormwater management utility fees shall be billed and collected as a separate line item on utility account bills. The city is authorized to utilize the county as an acceptable third party to perform billing services. (c) Bills for stormwater management utility fees shall be payable at the same time and in the same manner and subject to the penalties as provided in this article. (d) Separate accounts for stormwater utility services only may be established if other utilities are not furnished to the property. (e) The owner of the property is ultimately responsible for all stormwater management utility fees imposed under this article. (Ord. No. 2006-25-106, § 2(6), 12-13-2006) Sec. 26-27. - Exemptions. The following real property located in the city shall be exempt from the imposition of stormwater management utility fees: (1) Undeveloped property; (2) Paved or improved public rights-of-way; (3) Agriculture-classified properties under agriculture uses. (Ord. No. 2006-25-106, § 2(7), 12-13-2006) Sec. 26-28. - Stormwater utility enterprise funds. (a) A stormwater management utility enterprise fund (the fund) account, into which all revenues from stormwater management utility fees, connection charges, grants, or other funding sources shall be deposited and from which all expenditures related to the stormwater management utility shall be paid, is hereby established. (b) Accounting and reporting procedures shall be consistent with state general law. Expenditures from the fund for activities that are not related to the city stormwater management utility shall not be permitted, except for a prorated charge for general government services as is in effect for other city utility operations. Page 33 of 87 (c) The monies within the fund shall be used for the exclusive use of the city's stormwater management utility, including, but not limited to, the following: (1) Stormwater management services, such as studies, design, permit review, planned preparation, and development review; (2) Operation, maintenance, repair, and replacement of the stormwater collection, storage, treatment, and conveyance infrastructure; (3) Project cost related to constructing major or minor structural improvements to the stormwater- related infrastructure as provided in any city stormwater management plan; (4) Administrative costs associated with the management of the stormwater management utility fee; (5) Debt service financing of stormwater-related capital improvements defined in any city stormwater management plan including city's pro rata share of the county stormwater utility revenue bond series 1999 and series 2004; (6) Funding of any studies, including water quantity and quality monitoring aerial photography and geotechnical work associated with the planning of stormwater-related infrastructure. (Ord. No. 2006-25-106, § 2(8), 12-13-2006) Sec. 26-29. - Request for adjustment. All requests for adjustment of the stormwater management utility fee shall be submitted to the stormwater management utility director and shall be reviewed as follows: (1) All requests shall be in writing and set forth in detail the grounds upon which an adjustment is sought. All requests shall be judged on the basis of the amount of impervious area on the lot or parcel, and/or additional or enhanced stormwater facility on or serving the lot or parcel. No credit shall be given for the installation of facilities required by county or city development codes or state stormwater regulations. (2) Adjustment requests made during the first calendar year that the fee is imposed shall be reviewed by the stormwater management utility director within a one-year period from the date of submission. Adjustments resulting from such requests shall be retroactive to the effective date of the ordinance from which this article is derived. (3) All adjustment requests received after the first calendar year that the fee is imposed shall be reviewed by the stormwater management utility director within a four-month period from the date of submission. Adjustments resulting from such requests shall be retroactive to the date of submission of the adjustment request, but shall not exceed one year. (4) The customer or property-owner requesting the adjustment may be required, at his/her own cost, to provide supplemental information to the stormwater management utility director, including, but not Page 34 of 87 limited to, facts, opinions, survey data, and engineering to substantiate customer's case. Failure to provide such information may result in a denial of the adjustment request. (5) The stormwater management utility director shall provide the person requesting the adjustment with a written determination of the request within the time provided herein. Any adjustments shall be prorated monthly. (Ord. No. 2006-25-106, § 2(9), 12-13-2006)  Sec. 26-30. - Appeal process. Any customer or property owner who disputes the result of a request made to the stormwater management utility director for adjustment may petition in writing to the city manager for a review of said charges. The decision of the city manager shall be final. (Ord. No. 2006-25-106, § 2(10), 12-13-2006)  Sec. 26-31. - Enforcement and penalties. (a) Stormwater utility fees shall be payable when due and, if late, shall be subject to a ten percent late charge. Any unpaid balance for such fees and late charges shall be subject to an interest charge at the rate of eight percent per annum. Imposition of such interest charge shall commence 60 days after the past due date of the fees set forth on the utility bill. Nonpayment of any portion of the stormwater utility fee shall be considered as nonpayment of all other utilities appearing on the bill and may result in the termination of all utility services appearing on the bill. (b) All fees, late charge and interest accruing, thereupon due and owing to the utility which remain unpaid 60 days after the past due date of the fees shall become a lien against and upon the developed property for which the fees are due and owing to the same extent and character as alien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest accrued thereupon shall be, remain, and constitute a special assessment lien equal in rank and dignity with the lien of ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the developed property involved for the period of five years from the date said fees, late charges, and interest accrued thereupon, become a lien as set forth in this article. Said lien may be enforced and satisfied by the city, on behalf of the stormwater management utility, pursuant to F.S. ch. 173, as amended from time to time, or any other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal remedies for recovery of said fee, late charges, and accrued interest available in the city and to the utility. The following conditions shall apply: (1) Notice. For fees which become more than 60 days past due and unpaid, the city or the stormwater management utility shall cause to be filed in the county public records, a notice of lien or statement showing a legal description of the property against which the lien is claimed, its location by street and number, the name of the owner, and an accurate statement of the fees and late charges then unpaid. A Page 35 of 87 copy of such notice of lien may be mailed within a reasonable time to the owner of the property involved as shown by the records of the county tax collector. (2) Appeals. A property owner shall have ten days after receipt of a bill to request an appeal in writing to the city's code enforcement special master. Said request shall be mailed to the attention of the finance director, shall be in writing, and shall state the basis for the appeal. Upon receipt of a notice of appeal, the city shall schedule a hearing before the special master and shall provide notice of the date of the hearing to the property owner by certified mail. If a request for an appeal is not filed within the ten-day time frame, the lien shall be deemed valid. If the city is the prevailing party on appeal, a $100.00 administrative fee shall be assessed against the property owner. (3) Satisfaction. Liens may be discharged and satisfied by payment to the city, on behalf of the utility, of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees. When any such lien has been fully paid or discharged, the city shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the clerk of the circuit court of the county. Any person, firm, corporation, or other legal entity, other than the present owner of the property involved, who fully pays any such lien shall be entitled to an assignment of lien and shall be subrogated to the rights of the city and the utility with respect to the enforcement of such lien. (4) Exemption to notice. Notwithstanding other provisions to the contrary herein, the city on behalf of the stormwater management utility shall have the discretion not to file notices of lien for fees, late charges, and interest accrued thereupon in an amount less than $100.00. If the city or the stormwater management utility elects not to file a notice of lien, said fees, late charges, and accrued interest shall remain as debts due and owing in accordance with the provisions of this article. (5) Certificates verifying amount of debt. The utility is authorized and directed to execute and deliver upon request written certificates certifying the amount of fees, late charges, and interest accrued thereupon, which are due and owing to the utility and the city, for any developed property which is subject to payment of said fees, or the utility may certify that no fees, late charges or accrued interest are due and owing. Said certificates shall be binding upon the city and the utility. Third party requests for certificates may incur a reasonable charge based on administration and clerical time to research, produce and transmit said certificates. (Ord. No. 2006-25-106, § 2(11), 12-13-2006; Ord. No. 2007-30-136, § 2(11), 11-12-2007) Page 36 of 87 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: City of Miami Gardens General Obligation Bond Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Request For Proposal Number 16-17-031 Senior Family Center Improvements X Sponsor Name: Cameron Benson, City Manager Department: Capital Improvement Project (CIP) Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 16-17-03116-17- 034 FOR SENIOR FAMILY CENTER DESIGN-BUILD TO ___________________________; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND In April 2014, the City of Miami Gardens’ residents approved a General Obligation Bond in the amount of sixty million dollars ($60,000,000) for the construction of and improvements to the City’s parks and related facilities. The City Council subsequently approved a Bond Implementation Plan that lists and details the proposed improvements at each park facility or municipal property. On July 20, 2016, staff issued Request For Qualifications (RFQ) Number 15-16-044 for Senior Family Center Improvements, Step One, inviting Design-Build firms or teams to provide qualifications for City consideration for the negotiation and award of a future Design-Build contract for a new community center building, pool, related site and facility improvements. The awarded Page 37 of 87 Agenda Item L-1 Senior Family Center Design-Build firm or team is expected to coordinate with the New Urban Development, LLC, on construction timelines, site plans and etc. A broadcast notice was sent to sixteen thousand six hundred seventy (16,670) vendors. One hundred thirty-seven (137) proposals were viewed. The RFQ opened on September 7, 2016 and five (5) proposals were received and publicly read. The RFQ was prepared in accordance with Florida Statute 287.055 Consultants Competitive Negotiation Act (CCNA). On September 19, 2016, the Selection Committee short-listed four (4) firms: Link Construction Group; MBR Construction, Inc.; Recreational Design & Construction, Inc.; and West Construction, Inc. CURRENT SITUATION On February 8, 2017, Request For Proposal (RFP) Number 16-17-031, Step Two for Senior Family Center Improvements was issued to the four (4) short-listed vendors. The RFP opened on April 20, 2017. Proposals were received from three (3) proposers, Link Construction Group; MBR Construction, Inc.; and West Construction, Inc. Each proposal was publicly read. On March 13, 2017, the Evaluation Committee was established and each committee member was provided the evaluation score sheet, proposals, copy of the solicitation and instructions as to the ranking process. On May 1, 2017, an initial Evaluation Committee meeting was held. The Evaluation Committee determined that all three (3) firms, Link Construction Group; MBR Construction, Inc.; and West Construction, Inc. was responsive and responsible to the requirements of the RFP. On May 24, 2017, a Final Evaluation Committee Meeting was held and after presentations from the firms responding to Request For Proposal (RFP) Number 16-17-031, Step Two for Senior Family Center Improvements, the Evaluation Committee scored and ranked the three (3) firms. The Evaluation Committee's final recommendation of ranking was posted on the City’s website on May 24, 2017. Oral Presentation Evaluation Committee Summary Score and Ranking: Evaluation Committee Members Name of Firms Committee Member 1 Committee Member 2 Committee Member 3 Total Ranking West Construction, Inc. 81.36 86.36 78.36 246.08 1 Link Construction Group 78.2 84.2 83.2 245.6 2 MBR Construction, Inc. 78 83 73 234 3 Page 38 of 87 The Office of Procurement Management (OPM) applied the City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) preference to this project. Link Construction Group; MBR Construction, Inc.; and West Construction, Inc., was compliant to the City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) (Exhibit 1). A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for review. FISCAL IMPACT The funding is derived from the General Obligation Bond and the amount listed in the RFP as the maximum bid amount is available for this project. Proposed Action: The City Council approves the attached resolution authorizing the City Manager to negotiate and execute an agreement with ___________________________ for the improvements at the Senior Family Center as listed in Request for Proposal Number 16-17-031. Attachments: Exhibit 1 – City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) Memorandum Exhibit 2 – Bid Tabulation Page 39 of 87 RESOLUTION NO.___________ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL 4 NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY CENTER 5 DESIGN-BUILD TO ___________________________; 6 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7 PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, in April 2014, the City of Miami Gardens’ residents approved a 10 General Obligation Bond in the amount of Sixty Million Dollars ($60,000,000) for the 11 construction of and improvements to the City’s parks and related facilities, and 12 WHEREAS, on July 20, 2016, City Staff issued Request For Qualifications (RFQ) 13 Number 15-16-044 for Senior Family Center Improvements, Step One, inviting Design-14 Build firms or teams to provide qualifications for City consideration for the negotiation and 15 award of a future Design-Build contract for a new community center building, pool, related 16 site and facility improvements, and 17 WHEREAS, on September 7, 2016, the RFQ opened and five (5) proposals were 18 received and publicly read, and 19 WHEREAS, on September 19, 2016, the Selection Committee short-listed four (4) 20 firms: Link Construction Group; MBR Construction, Inc.; Recreational Design & 21 Construction, Inc.; and West Construction, Inc., and 22 WHEREAS, on February 8, 2017, Request For Proposal (RFP) Number 16-17-23 031, Step Two, for Senior Family Center Improvements was issued to the four (4) short-24 listed vendors, and 25 WHEREAS, RFP Number 16-17-031 opened on April 20, 2017, proposals were 26 received from three (3) proposers, Link Construction Group; MBR Construction, Inc.; and 27 West Construction, Inc., and were publicly read, and 28 Page 40 of 87 WHEREAS, on May 24, 2017, a Final Evaluation Committee Meeting was held and 29 after presentations from the firms responding, the Evaluation Committee scored and 30 ranked the three (3) firms, the Bid Tabulation Sheet is attached hereto as Exhibit “B’, and 31 WHEREAS, on July 12, 2017, the City Council heard oral presentations, and 32 WHEREAS, in accordance with Florida Statutes 218.391(4)(b) “If compensation is 33 one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of 34 proposals pursuant to paragraph (3)(d), the governing body shall select the highest-35 ranked qualified firm or must document in its public records the reason for not selecting 36 the highest-ranked qualified firm,” 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made 41 a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 hereby awarding Request For Proposal Number 16-17-03116-17-034 for Senior Family 44 Center DESIGN-BUILD to ___________________________. 45 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 46 upon its final passage. 47 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 49 50 ___________________________________ 51 OLIVER GILBERT, III, MAYOR 52 ATTEST: 53 __________________________________ 54 Page 41 of 87 RONETTA TAYLOR, MMC, CITY CLERK 55 56 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57 58 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 59 60 Moved by: __________________ 61 62 VOTE: _________ 63 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66 Councilman Rodney Harris ____ (Yes) ____ (No) 67 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 69 Councilman David Williams Jr ____ (Yes) ____ (No 70 Page 42 of 87 Page 43 of 87 Page 44 of 87 Page 45 of 87 Page 46 of 87 Page 47 of 87 Date Bid Opened: April 20, 2017 Bid Submittals: 3 Division 01 - General Requirements Notes Unit Cost Notes Unit Cost Notes Unit Cost Notes 1,084,936.00$ 238,061.25$ 210,000.00$ 518,945.00$ 500,000.00$ 500,000.00$ $20,000.00 ALLOWANCE 20,000.00$ ALLOWANCE 20,000.00$ ALLOWANCE 20,000.00$ ALLOWANCE 112,156.00$ 73,949.41$ 130,000.00$ 413,603.00$ 700,000.00$ 580,000.00$ Division 02 - Existing Conditions Asbestos and Lead Based Paint Abatement 60,000.00$ Abatement Plan and Removal 5,250.00$ 37,500.00$ Building(s) Demolition 39,500.00$ (3) Buildings and Asphalt 52,500.00$ 30,000.00$ Other Site Demolition 6,402.00$ Existing wood fencing 69,300.00$ 25,000.00$ Division 10 - Specialties INCLUDED Included in Div. 31 26,250.00$ 10,000.00$ Division 12 - Furnishings Trash and Litter Receptors 12,497.00$ Ash Urns, Benches, Bike Racks Included 5,670.00$ 15,000.00$ 28,916.00$ Pool/Pavilion Furniture & Window Treatments 13,650.00$ 30,000.00$ Division 13 - Special Construction 703,504.00$ Millwork, roofing, openings, specialties, Spc. Const.8,400.00$ 10,000.00$ 697,281.00$ Conc. Metals 1,071,525.00$ 912,240.00$ Finishes 600,760.00$ GWB, Stucco, Flrng, Clngs 679,350.00$ 1,107,000.00$ 1,325,994.00$ F.P., HVAC, Electrical, Plumbing 519,750.00$ 937,000.00$ Historic Enrico Farmhouse Renovation $325,000.00 ALLOWANCE 325,000.00$ ALLOWANCE 325,000.00$ ALLOWANCE 325,000.00$ ALLOWANCE New Large Pavilion/BBQ Outdoor Kitchen 192,900.00$ Pavilion, BBQ Eqpt., Kitchen Eqpt.42,000.00$ 105,000.00$ Dumpster Enclosure with Gates INCLUDED Included in Structure 7,000.00$ 12,500.00$ Heated Exercise Pool +/- 1,600SF 445,000.00$ 472,500.00$ 290,000.00$ Division 26 - Electrical INCLUDED 198,765.00$ 178,000.00$ Lightning Protection/Detection/Prediction INCLUDED 31,500.00$ 9,000.00$ Division 28 - Electronic Safety and Security COORDINATION ONLY INCLUDED COORDINATION ONLY 1,050.00$ COORDINATION ONLY 9,000.00$ COORDINATION ONLY COORDINATION ONLY INCLUDED COORDINATION ONLY 1,050.00$ COORDINATION ONLY 9,000.00$ COORDINATION ONLY Division 31 - Earthwork Clearing and Grubbing 155,694.00$ Clearing and Grubbing, Fine Grading, Bldg. Pad 84,000.00$ 30,000.00$ 28,928.00$ Green Area Prep 10,500.00$ 85,000.00$ Division 32 - Exterior Improvements 184,263.00$ Note # new spaces provided:93 Spaces 141,750.00$ Note # new spaces provided:187,004.00$ Note # new spaces provided:136 Concrete Paving / Walks 54,597.00$ Note SF 8,120 SF 41,160.00$ Note SF 73,108.00$ Note SF 18,277 Curbs and Gutters 24,332.00$ Note LF 2,200 LF 47,250.00$ Note LF 27,000.00$ Note LF 1,500 Chain Link Fence 35,340.00$ Note LF 1,767 LF 70,402.50$ Note LF 52,304.00$ Note LF 1,868 Picket Fence 51,200.00$ Note LF 1,024 LF 17,892.00$ Note LF 34,560.00$ Note LF 576 Estate Style Fence 215,618.00$ Note LF 1,217 LF 89,100.90$ Note LF 90,825.00$ Note LF 1,211 Irrigation System - Complete 85,000.00$ 78,750.00$ 55,000.00$ Irrigation Meter and Backflow Preventer -5,250.00$ 45,000.00$ Sod 81,825.00$ Note SF:43,500 SF 28,224.00$ Note SF:53,064.00$ Note SF:151,611 Shrubs 24,606.00$ Note quantity:2,154 EA 15,750.00$ Note quantity:4,000.00$ Note quantity:400 Trees 80,025.00$ Shade Trees INCLUDED Note quantity:67 EA 21,000.00$ Note quantity:24,500.00$ Note quantity:70 Palms INCLUDED Note quantity:18 EA 10,500.00$ Note quantity:9,500.00$ Note quantity:30 Doral, FL Public WIFI Parking Lot Lighting Parks Video Surveillance New Senior Family Center Building Seating, Benches and Tables General Conditions Design Fees Link Construction Group Purchasing Agent: Latora Francis Description RFP No. 16-17-031 Design Build Senior Family Center Step 2 Agency: Capital Improvements Asphalt Paving Fine Grading West Construction, Inc. Lake Worth, FL Permit Allowance Bonds and Insurance (Bldrs Risk; GL) OH&Profit MBR Construction, Inc. Fort Lauderdale, FL Traffic and Site Signage General Conditions Structure MEP,Fire, Technology Page 48 of 87 Flowering And Small Trees INCLUDED Note quantity:10 EA 5,250.00$ Note quantity:3,900.00$ Note quantity:16 Tree Protection INCLUDED As Required 5,250.00$ 6,000.00$ Tree Pruning / Lifting /Maintenance INCLUDED As Required 10,500.00$ 6,000.00$ Division 33 - Site Utilities 622,220.00$ 456,750.00$ 122,570.00$ ABOVE 21,000.00$ 35,000.00$ FPL, Comcast, ATT (Power, Telecommunications, TV)INCLUDED 33,600.00$ 28,000.00$ 8,231,042.00$ $6,256,400.06 6,463,575.00$ Add Alternates:Add Alternates: 137,000.00$ 104,000.00$ Full commercial kitchen in lieu of warming kitchen 515,000.00$ Please note add'l square footage if any 1000 extra SF required Add Alternates:Add Alternates: 185,000.00$ 123,500.00$ Auxiliary Generator Full Building Capacity 152,800.00$ 65,000.00$ 13,000.00$ Transfer Switch, Pad and Connections only for Portable Auxiliary Generator in lieu of permanent auxiliary generator 25,000.00$ Full commercial kitchen in lieu of warming kitchen Auxiliary Generator Full Building Capacity Transfer Switch, Pad and Connections only for Portable Auxiliary Generator in lieu of permanent auxiliary generator DESIGN BUILD BASE BID PRICE: Onsite Water & Sewer, Drainage Offsite Water & Sewer, Drainage Page 49 of 87 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund – Events & Media Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFQ Number 16-17-025 Jazz in the Gardens Management Services X Sponsor Name: Cameron Benson, City Manager Department: Events & Media Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND The City of Miami Gardens has engaged the services of AEG Live SE, LLC, over the past five years to produce the annual Jazz in the Gardens music festival on behalf of the City. Over the past few years the City has expressed a desire to expand and explore opportunities with respect to the production of the event. On January 18, 2017, City staff issued a formal bid solicitation for the production of Jazz in the Gardens Management Services to retain a firm to collaborate with the City to host the Jazz in the Gardens music festival (“Event’’). It is the City’s intention to select a provider that will grow the Event, while giving the City a return on its investment. Page 50 of 87 Agenda Item L-2 Jazz in the Gardens CURRENT SITUATION The Office of Procurement Management (OPM) applied the City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) preference to this project. A National Limousine Service, Inc. d/b/a New Day Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor International and The Forum Group; and Red Eye Entertainment, Inc. are compliant to the City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) (Exhibit 1). On January 18, 2017, staff prepared specifications for Request for Qualifications (RFQ) Number 16-17- 025, Jazz in the Gardens Management Services to select a firm to collaborate with the City to produce the Jazz in the Gardens event. A broadcast notice was sent to five thousand three hundred seventy nine (5,379) vendors via BidSync. Ninety five (95) vendors reviewed the solicitation. The RFQ opened on April 20, 2017. Proposals were received from six (6) proposers, A National Limousine Service, Inc. d/b/a New Day Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor International and The Forum Group; Reach Media (REACH) and North American Entertainment Group, Inc. (NAEG); and Red Eye Entertainment, Inc. Each proposal was publicly read. In order to submit a bid in response to Request for Qualifications Number 16-17-025, attendance at the Mandatory Pre-Proposal conference was required. Vendors were advised that any bidder/potential vendor not attending the mandatory meeting would not have an opportunity to be considered. Reach Media (REACH) and North American Entertainment Group, Inc. (NAEG) did not attend the Mandatory Pre-Proposal conference and their proposal was not considered for this RFQ. On May 4, 2017, the selection committee was established and each committee member was provided the evaluation score sheet, proposals, and a copy of the solicitation and instructions as to the ranking process. On June 7, 2017, an initial selection/shortlist committee meeting was held. The Selection Committee members determined that all five (5) firms, A National Limousine Service, Inc. d/b/a New Day Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor International and The Forum Group, and Red Eye Entertainment, Inc. were responsive and responsible to the RFQ. On June 12, 2017, Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC, notified the City that they were withdrawing their bid from the solicitation process. On July 6, 2017, a Presentation and Ranking meeting was held. After presentation and scoring, the Selection Committee named AEG LIVE, LLC. as the first-ranked firm (Exhibit 2). The Selection Committee's final recommendation of ranking was posted on the City’s website on July 6, 2017. Page 51 of 87 A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for review. Proposed Action: It is recommended the City Council accept the ranking of the Selection Committee for Request for Qualification Number 16-17-025, Jazz in the Gardens Management Services, and authorize the City Manager to proceed with negotiations with the first ranked firm, AEG Live, LLC. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the firm) an impasse will be declared and negotiations with the first-ranked firm will cease. Negotiations will begin with the second ranked firm. This process shall continue until the City successfully negotiates a contract. Attachments: Exhibit 1 – City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) Memorandum Exhibit 2 – Selection Committee Rankings Page 52 of 87 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF 4 THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN 5 THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING 6 THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS 7 WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS FAIL 8 TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO 9 ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES 10 AND EXECUTES A CONTRACT WITH THE SUCCESSFUL 11 BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY 12 CLERK; PROVIDING FOR THE ADOPTION OF 13 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Miami Gardens has engaged the services of AEG Live 16 SE, LLC, over the past five years to produce the annual Jazz in the Gardens music 17 festival, and 18 WHEREAS, on January 18, 2017, City staff issued RFQ#16-17-025, a formal 19 bid solicitation for the production of Jazz in the Gardens Management Services to retain 20 a firm to collaborate with the City to host the Jazz in the Gardens music festival 21 (“Event’’), and 22 WHEREAS, it is the City’s intention to select a provider that will grow the Event, 23 while giving the City a return on its investment, and 24 WHEREAS, the RFQ opened on April 20, 2017, and proposals were received 25 from six (6) proposers, A National Limousine Service, Inc. d/b/a New Day Productions; 26 AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; 27 Favor International and The Forum Group; Reach Media (REACH) and North American 28 Entertainment Group, Inc. (NAEG); and Red Eye Entertainment, Inc., and 29 WHEREAS, Reach Media (REACH) and North American Entertainment Group, 30 Inc. (NAEG) did not attend the Mandatory Pre-Proposal conference and their proposal 31 was not considered for this RFQ, and 32 Page 53 of 87 WHEREAS, the Selection Committee members determined that all five (5) firms, 33 A National Limousine Service, Inc. d/b/a New Day Productions; AEG Live SE, LLC; 34 Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor International and 35 The Forum Group, and Red Eye Entertainment, Inc. were responsive and responsible to 36 the RFQ; however, Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC, 37 notified the City that they were withdrawing their bid from the solicitation process, and 38 WHEREAS, on July 6, 2017, a Presentation and Ranking meeting was held and 39 after presentation and scoring, the Selection Committee ranked the firms as follows: 1. 40 AEG Live, LLC; 2.Red Eye Entertainment, Inc.; 3. A National Limousine Service, Inc. 41 d/b/a New Day Productions; 4. Favor International and the Forum Group, and 42 WHEREAS, the Selection Committee named AEG Live, LLC as the first-ranked 43 firm, and 44 WHEREAS, City staff is requesting that the City Council accept the rankings of 45 the Selection Committee and authorize staff to negotiate with the first ranked vendor 46 and if negotiations fail, to negotiate with the second ranked vendor and so on until an 47 agreement is negotiated and executed, 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 50 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 51 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 52 made a specific part of this Resolution. 53 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 54 hereby accepts the rankings of the Selection Committee and authorizes staff to 55 Page 54 of 87 negotiate with the first ranked vendor and if negotiations fail, to negotiate with the 56 second ranked vendor and so on until an agreement is negotiated and executed. 57 Section 3; INSTRUCTIONS TO THE CITY CLERK: Section 3: 58 INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain 59 two (2) fully executed copies of the subject Agreement with one to be maintained by the 60 City, and one to be delivered to the successful bidder. 61 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 62 upon its final passage. 63 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 64 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 65 66 ___________________________________ 67 OLIVER GILBERT, III, MAYOR 68 69 70 71 ATTEST: 72 73 74 __________________________________ 75 RONETTA TAYLOR, MMC, CITY CLERK 76 77 78 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 79 80 81 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 82 83 Moved by: __________________ 84 85 VOTE: _________ 86 87 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 88 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 90 Councilman Rodney Harris ____ (Yes) ____ (No) 91 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 92 Page 55 of 87 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 93 Councilman David Williams Jr ____ (Yes) ____ (No) 94 95 Page 56 of 87 Page 57 of 87 Page 58 of 87 Page 59 of 87 Page 60 of 87 Page 61 of 87 Page 62 of 87 Page 63 of 87 Page 64 of 87 Page 65 of 87 Page 66 of 87 Page 67 of 87 RFQ #: 1/18/17 Title:4/20/17 Agency:5 Project Manager:7/6/17 Vendors Listed Alphabetically Address City State - Country Zone Zip A National Limousine Service, Inc. d/b/a New Day Productions 1990 Metropolitan Parkway Atlanta GA 30315 AEG Live, LLC 1800 Australian Ave. South West Palm Beach FL 33409 Favor International and The Forum Group 19040 Wilshire Blvd. Ste. 1600 Los Angeles CA 90024 Red Eye Entertainment, Inc.611 N.W 31st. street Pompano Beach FL 33069 7/6/17 COMMENTS: Date Created: Rank 3 1 4 2 Jazz in the Gardens Management Services Public Affairs Recommendation of Ranking: Date Advertised: Date Opened: Number of Responses Received: 16-17-025 Petula Burks Page 68 of 87 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: N/A Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A X Sponsor Name: Cameron D. Benson, City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON- USE VARIANCE TO ALLOW OFF-STREET PARKING ON A NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On March 3, 2010, the City Council of the City of Miami Gardens adopted Resolution No. 2010-49-1231- Z-92 permitting a temporary non-use variance to allow off-street parking and storage of 550 vehicles from the adjacent automotive dealership on a natural surface, where pavement and drainage is required. Under this Resolution the City Council also passed a non-use variance for the same property located at 350 NW 215th Street, Miami Gardens, Florida, to allow a fence height of ten (10) feet where a maximum height of six (6) feet is permitted, in order to provide security for the vehicles. The Resolution was Page 69 of 87 Agenda Item O-1 Miami Gardens Towers LLC approved subject to a Declaration of Restrictive Covenants, which permitted the parking and storage of vehicles to be permitted for (5) years only, after which time the use “shall be considered terminated, abandoned and discontinued…” Per the Declaration, the non-use variance expired on May 3, 2015. Current Situation Warren Henry Automotive (WHA) continues to use the property to park and store vehicles in inventory. This has allowed the dealership to offer a greater selection and availability of vehicles and minimizes the impacts on City streets by not having to utilize City streets to constantly transfer vehicles back and forth, also reducing congestion. WHA has outgrown its current facilities and plans to relocate and vacate the subject parking area by the end of December 2018. The applicant intends to return the area to its pre-parking, landscaped condition at that time. The applicant, Matthew Coglianese of Rasco-Klock-Perez-Nieto, on behalf of Miami Gardens Tower, LLC, is requesting a renewal of the temporary non-use variance through the end of December 2018. Proposed Action: It is recommended the City of Miami Gardens City Council renew Resolution No. 2010-49-1231-Z-92 permitting a temporary non-use variance to allow off-street parking and vehicle storage on a natural surface, where pavement and drainage is required, with an expiration date of December 31, 2018. Attachment: Exhibit A- Previous Resolution No. 2010-49-1231-Z-92 Page 70 of 87 RESOLUTION NO.___________ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, APPROVING THE APPLICATION 4 SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR 5 PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 6 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-7 USE VARIANCE TO ALLOW OFF-STREET PARKING ON A 8 NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS 9 REQUIRED; PROVIDING FOR A DECLARATION OF 10 RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION 11 OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on March 3, 2010, the City Council of the City of Miami Gardens 14 adopted Resolution No. 2010-49-1231-Z-92, permitting a temporary non-use variance for 15 the property located at 350 Northwest 215th Street, Miami Gardens, Florida, and 16 WHEREAS, the variance allowed off-street parking and storage of five hundred 17 and fifty (550) vehicles from the adjacent automotive dealership on a natural surface, 18 where pavement and drainage is required, and 19 WHEREAS, the Resolution was approved subject to a Declaration of Restrictive 20 Covenants, which permitted the parking and storage of vehicles for (5) years only, after 21 which time the use “shall be considered terminated, abandoned and discontinued…”, and 22 WHEREAS, per the Declaration, the non-use variance expired on May 3, 2015, 23 and 24 WHEREAS, Warren Henry Automotive (WHA) continues to use the property to 25 park and store vehicles in inventory, and 26 WHEREAS, WHA has outgrown its current facilities and plans to relocate and 27 vacate the subject parking area by the end of December 2018, and 28 Page 71 of 87 WHEREAS, the applicant intends to return the area to its pre-parking, landscaped 29 condition at that time, and 30 WHEREAS, the applicant, Matthew Coglianese of Rasco-Klock-Perez-Nieto, on 31 behalf of Miami Gardens Tower, LLC, is requesting a renewal of the temporary non-use 32 variance through the end of December 2018, and 33 WHEREAS, the City’s Planning and Zoning Staff recommends approval of the 34 Application, subject to certain conditions and the execution of the Declaration of 35 Restricted Covenants attached hereto as Exhibit “A”, 36 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 38 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40 made a specific part of this Resolution. 41 Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby 42 renews Resolution No. 2010-49-1231-Z-92 permitting a temporary non-use variance to 43 allow off-street parking and vehicle storage on a natural surface, where pavement and 44 drainage is required, with an expiration date of December 31, 2018, subject to certain 45 conditions and the execution of the Declaration of Restricted Covenants attached hereto 46 as Exhibit “A”. 47 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 48 upon its final passage. 49 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 50 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 51 Page 72 of 87 52 ___________________________________ 53 OLIVER GILBERT, III, MAYOR 54 55 56 57 ATTEST: 58 __________________________________ 59 RONETTA TAYLOR, MMC, CITY CLERK 60 61 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 62 63 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64 65 Moved by: __________________ 66 67 VOTE: _________ 68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71 Councilman Rodney Harris ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74 Councilman David Williams Jr ____ (Yes) ____ (No 75 Page 73 of 87 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 18605 Northwest 27th Avenue Miami Gardens, Florida 33056 This Instrument Prepared by: Sonja K. Dickens, Esq. City Attorney 18605 Northwest 27th Avenue, Suite 339 Miami Gardens, Florida 33056 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, Owner, Miami Gardens Tower, LLC, by and through Michael J. Umano, President of Miami Gardens Tower, LLC (“Owner”), proposes to use the property located at 350 Northwest 215th Street, for the purpose of temporary parking and storage for up to five hundred fifty (550) new vehicles for a new car dealership in the vicinity. Owner is seeking approval of certain non-use variances of land area as follows: 1. A temporary non-use variance to allow off-street parking on natural surface where pavement and drainage is required; and IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Owner will be abided by the Owner, subject only to conditions contained herein, freely, voluntarily and without duress, the Owner makes the following Declaration of Restrictions covering and running with the land: 1. Operation and Maintenance Restrictions. a. That the unusual use of the parking and storage of vehicles shall be considered terminated, abandoned and discontinued on December 31, 2018; Page 74 of 87 b. Upon termination, abandonment or discontinuance of the use on the property the Owner shall return the property to its original natural environmental state, and remove all improvements; c. That the parking of vehicles shall be for new, untitled vehicles only; d. That the Owner provide a cross access agreement from the abutting property owner to the east providing access to the proposed ingress/egress point; e. That the Owner shall apply for and obtain a Certificate of Use from the City for a commercial parking lot prior to the establishment of the use; f. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners; i. That the property shall be maintained in its natural environmental state, safe and except any overgrowth of ground material; g. No tree(s) shall be removed or relocated without first obtaining a permit from the City; and 2. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 3. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 4. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City Page 75 of 87 Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrument suitable for recordation acknowledging such modification, amendment or release. 5. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 6. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 7. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. (SIGNATURE PAGE TO FOLLOW) Page 76 of 87 IN WITNESS WHEREOF, Owner has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ ________________________ Michael J. Umano, for Miami Gardens Tower, LLC _________________________ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Cameron D. Benson, City Manager Date:___________________________ Page 77 of 87 Pa g e 7 8 o f 8 7 Pa g e 7 9 o f 8 7 Pa g e 8 0 o f 8 7 Page 81 of 87 Page 82 of 87 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared by: Sonja K. Dickens, Esquire City Attorney 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, Owner by and through David Fenton, Trustee (“Owner”), proposes to use the property located at 350 Northwest 215th Street, for the purpose of temporary parking and storage for up to five hundred fifty (550) new vehicles for a new car dealership in the vicinity. Owner is seeking approval of certain non-use variances of land area as follows: 1. A temporary non-use variance to allow off-street parking on natural surface where pavement and drainage is required; and 2. A non-use variance to allow a fence height of ten (10) feet where a maximum height of six (6) feet is permitted. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Owner will be abided by the Owner, subject only to conditions contained herein, freely, voluntarily and without duress, the Owner makes the following Declaration of Restrictions covering and running with the land: Page 83 of 87 1. Operation and Maintenance Restrictions. a. That the property be developed substantially in compliance with plans submitted entitled “Access Site Plan To Property” as prepared by Leiter, Perez & Associates, Inc., dated March 21, 2008 consisting of one (1) sheet; b. That the unusual use of the parking and storage of vehicles shall be considered terminated, abandoned and discontinued five (5) years from the date of approval of this Application; c. Upon termination, abandonment or discontinuance of the use on the property the Owner shall return the property to its original natural environmental state, and remove all improvements; d. That the parking of vehicles shall be for new, untitled vehicles only; e. That the Owner provide a cross access agreement from the abutting property owner to the east providing access to the proposed ingress/egress point; f. That prior to issuance of a final development order for any other use on the property if within the five (5) year approval period, that the vehicle parking and storage use shall be abandoned and discontinued; g. That the Owner shall apply for and obtain a Certificate of Use from the City for a commercial parking lot prior to the establishment of the use; h. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners; i. That the property shall be maintained in its natural environmental state, safe and except any overgrowth of ground material; i. No tree(s) shall be removed or relocated without first obtaining a permit from the City; and k. That the Owner apply for and obtain a permit for the installation of a fence, and any other improvements requiring a building permit on the property prior to the establishment of the use. 2. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements Page 84 of 87 of the building and zoning regulations and the conditions herein agreed to are being complied with. 3. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 4. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrument suitable for recordation acknowledging such modification, amendment or release. 5. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 6. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may judge to be reasonable for attorney fees. This enforcement provision shall be in addition to any other remedies available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 7. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. Page 85 of 87 (SIGNATURE PAGE TO FOLLOW) Page 86 of 87 IN WITNESS WHEREOF, Owner has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ ________________________ David Fenton, Trustee _________________________ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Shirley S. Gibson Date:___________________________ Page 87 of 87