CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA

Transcription

1 1 of 174 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: September 27, 2017 Miami Gardens, Florida Next Regular Meeting Date: October 11, 2017 Phone: (305) Fax: (305) Website: 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 $ 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 alllegislative, 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) (B) (C) (D) CALL TO ORDER/ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES D-1) Regular City Council Minutes September12, 2017 D-2) Special City Council Minutes September 12, 2017 (E) (F) (G) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) SPECIAL PRESENTATIONS (5 minutes each) PUBLIC COMMENTS September 27, 2017, City Council Agenda Page 1

2 2 of 174 (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH 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 THE CITY MANAGER) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT, LLC, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A AND TO LEASE THE PROPERTY DESCRIBED IN THE LEASE; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1 st Reading September 12, 2017) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY S BUDGET FOR THE FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1 st Reading September 12, 2017) September 27, 2017, City Council Agenda Page 2

3 3 of 174 (J) (K) RESOLUTION(S)/PUBLIC HEARING(S) None CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE FOURTH ANNUAL NATIONAL HIV/AIDS AWARENESS AND AGING DAY EVENT, WHICH WILL BE HOSTED BY COUNCILWOMAN LILLIE Q. ODOM, GOD S AMAZING GRACE OUTREACH MINISTRIES AND OTHER COMMUNITY PARTNERS ON SEPTEMBER 28, 2017; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT OF THREE THOUSAND DOLLARS ($3,000.00) FROM THE CITY COUNCIL SPECIAL EVENTS ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LILLIE Q. ODOM) (L) RESOLUTION(S) None 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 SPECIAL EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES USED AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT C; September 27, 2017, City Council Agenda Page 3

4 4 of 174 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from April 26, 2017, March 22, 2017 and June 28, 2017) (P) (Q) (R) (S) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK P-1) City Manager s Quarterly Report P-2) City of Miami Gardens Police Department Monthly Report August 2017 REPORTS OF MAYOR AND COUNCIL MEMBERS WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC 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) EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) EXT THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY S WEBSITE AT 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. September 27, 2017, City Council Agenda Page 4

5 5 of N W 27 th Avenue, Suite 165 Miami Gardens, Florida City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 27, 2017 Item Type: Fiscal Impact: (Enter X in box) Yes No X (Enter X in box) Ordinance Reading: (Enter X in box) Public Hearing: (Enter X in box) Resolution Ordinance Other X 1 st Reading 2 nd Reading Yes No Yes No Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Strategic Plan Related (Enter X in box) Sponsor Name Yes No RFP/RFQ/Bid #: Yes No Strategic Plan Priority Area: David Williams, Jr. Councilman Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Department: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH 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: AGENDA ITEM H-1 MORATORIUM ON DEV. PERMTS FOR SMALL WIRELESS FACILITIES

6 6 of N W 27 th Avenue, Suite 165 Miami Gardens, Florida On April 28, 2017, House Bill 687 ( Bill ) passed the Florida House of Representatives and the Florida Senate. This Bill creates the "Advanced Wireless Infrastructure Deployment Act". This legislation establishes a process by which wireless providers may place certain small wireless facilities on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of a county or municipality. The Bill provides that the City may not prohibit, or regulate the collocation of small wireless facilities in the public rights-of-way, except as specified in the legislation. The Bill also allows for some local government regulation in this area, including some existing regulations and certain objective design standards, among others. Pursuant to Article VII, Section 2 of the Florida Constitution, and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law. City Staff intends to study the impact of the Bill and create new regulations allowed under the Bill. Staff needs time to review, consider, and modify existing regulations to effectively implement the requirements and allowances under the Bill. A temporary moratorium on the acceptance of applications for the processing and issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting placement of small wireless facilities in the public rights-of-way will allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this new and unique use. The City has determined that it is in the best interest of the citizens of the City to protect the general public health, safety, and welfare by studying and planning for this new technology, including how to best support this new technology and address potential impacts on the quality of life for the surrounding community. The City will move forward expeditiously to study and bring forth, if necessary, new regulations for consideration at public hearings. The purpose of this moratorium is to preserve the status quo and enable sufficient time for the City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/ or Code of Ordinances, relating to the appropriate placement of communication facilities in the public rights-of-way. During this nine (9) month period, the City will not take any action on any application or take other official action, which would have the effect of allowing, or permitting the collocation of small wireless facilities in the public rights-ofway. Proposed Action: That the City Council approves the proposed Ordinance. Attachment:

7 7 of ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH 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. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution, and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law, and WHEREAS, on April 28, 2017, House Bill 687 ( Bill ) passed the Florida House of Representatives and the Florida Senate, and WHEREAS, this Bill creates the "Advanced Wireless Infrastructure Deployment Act", and WHEREAS, the legislation establishes a process by which wireless providers may place certain small wireless facilities on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of a county or municipality, and 30 1

8 8 of WHEREAS, the Bill provides that the City may not prohibit, or regulate the collocation of small wireless facilities in the public rights-of-way, except as specified in the legislation, and WHEREAS, the Bill also allows for some local government regulation in this area, including some existing regulations and certain objective design standards, among others, and WHEREAS, City Staff intends to study the impact of the Bill and create new regulations allowed under the Bill, and WHEREAS, Staff needs time to review, consider, and modify existing regulations to effectively implement the requirements and allowances under the Bill, and WHEREAS, a temporary moratorium on the acceptance of applications for the processing and issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting placement of small wireless facilities in the public rights-of-way will allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this new and unique use, and WHEREAS, the City has determined that it is in the best interest of the citizens of the City to protect the general public health, safety, and welfare by studying and planning for this new technology, including how to best support this new technology and address potential impacts on the quality of life for the surrounding community, and WHEREAS, the City will move forward expeditiously to study and bring forth, if necessary, new regulations for consideration at public hearings; and 2

9 9 of WHEREAS, a duly noticed public hearing as required by law was held by the City Council of the City of Miami Gardens, at which public hearing all residents and interested persons were given an opportunity to be heard, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. 62 Section 2. PURPOSE: The purpose of this Ordinance is to preserve the status quo and enable sufficient time for the City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/ or Code of Ordinances, relating to the appropriate placement of communication facilities in the public rights-of-way. During this nine (9) month period, the City will not take any action on any application or take other official action, which would have the effect of allowing, or permitting the collocation of small wireless facilities in the public rights-of-way. It is not the purpose of this O rdinance to deny permanently any development orders and permits for other uses that are permitted by right or special use permits and that otherwise comply with all applicable codes, ordinances, regulations and policies. 73 Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning in progress as it relates to the processing of any applications and permits relating to the collocation of small wireless facilities in the public rights-of-way. All affected property and 3

10 10 of business owners are placed on notice with respect to these pending regulations and the actions being taken by the City. 78 Section 4: ESTABLISHMENT OF TEMPORARY MORATORIUM: A moratorium on the submission, processing, and issuance of development orders and permits, and all other applications and permits for the collocation of small wireless facilities in the public rights-of-way, is hereby established for a period of nine (9) months from the effective date of this Ordinance. The moratorium is subject to the provisions of Section 5 herein. Except as otherwise provided herein, no department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the City during the term of the moratorium established hereby. Section 5. EXEMPTION: This moratorium shall not affect any business currently lawfully operating a small wireless facility in the public rights-of-way, in accordance with Section , Florida Statutes, and for which development permits have been obtained. 91 Section 6: SUBMITTAL OF APPLICATIONS. Beginning upon the effective date of this Ordinance, an applicant development permit, development order or any other official City action, which would facilitate the establishment of small wireless facilities in the public rights-of-way, shall be required to disclose its intention to establish a small wireless facility in the public right-of-way in connection with its application for a permit. In the event that it is determined by the City that an applicant for a permit has failed to disclose its intent to establish a small wireless 4

11 11 of facility in the public right-of-way, the City shall be authorized to enforce this Ordinance by the methods set forth in Section Section 7: STUDY: The City Manager as well as such other departments of the City, as the City Manager shall deem appropriate shall continue to study the collocation of small wireless facilities in the public rights-of-way and shall present proposed amendments to the Land Development Regulations and Code of Ordinances to the City Council. 104 Section 8. PENALTIES: This moratorium may be enforced by the following methods of enforcement: (a) revocation or temporary suspension of any development permits, development orders; or (b) by an action for injunctive relief, civil penalties or both, through a court of competent jurisdiction; or (c) By any other process permitted by law including, but not limited to code enforcement action. 109 Section 9. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 10. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 116 Section 11. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word Ordinance 5

12 12 of may be changed to Chapter, Section, Article or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 12. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE DAY OF, PASSED ON SECOND READING ON THE DAY OF, ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF, OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Second by: VOTE: Mayor Oliver Gilbert, III (Yes) (No) 6

13 13 of Vice Mayor Erhabor Ighodaro, Ph.D. (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr (Yes) (No)

14 14 of N W 27 th Avenue, Suite 165 Miami Gardens, Florida City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 27, 2017 Item Type: Fiscal Impact: (Enter X in box) Yes No X Funding Source: (Enter X in box) Ordinance Reading: (Enter X in box) Public Hearing: (Enter X in box) Advertising Requirement: (Enter X in box) Resolution Ordinance Other X 1 st Reading 2 nd Reading x Yes No Yes No x Yes x No Contract/P.O. Required: (Enter X in box) Strategic Plan Related (Enter X in box) Sponsor Name Yes No RFP/RFQ/Bid #: X Yes No Strategic Plan Priority Area: Cameron D. Benson, City Manager Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Department: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT, LLC, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A AND TO LEASE THE PROPERTY DESCRIBED IN THE LEASE; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: On March 9, 2016, the City Council approved Resolution No directing that the City Manager and City Attorney negotiate a long-term lease/development agreement with the Urban League of Greater Miami for the construction and development of a 100+ unit of senior housing to be located adjacent to the City s proposed Senior Center. AGENDA ITEM I-1 LEASE AGMNT WITH NEW URBAN DEVELOPMENT, LLC

15 15 of N W 27 th Avenue, Suite 165 Miami Gardens, Florida Those negotiations were undertaken with New Urban Development, LLC, the development arm of the Urban League, and a long term Lease Agreement in substantial form as that Lease Agreement attached hereto has been negotiated. In accordance with Resolution No and the negotiated Lease Agreement, the Lease will have a 50 (fifty) year initial term, which can be extended at the Tenant s option, for two twenty five (25) year additional terms. Nominal rent will be paid by New Urban Development. However, as consideration for the Lease, New Urban Development will be responsible for maintenance of the interior and exterior of the senior housing project as well as the City's senior center as outlined in the Lease Agreement at no charge to the City. Further, the Lease provides that seniors age 55 and older will reside in the facility and New Urban Development will be responsible for ensuring compliance with the Americans with Disability Act and the Fair Housing Act. Moreover, as a potential additional revenue source for New Urban Development and the City, a Cell Tower and/or a Billboard may will be erected on the site, subject to compliance with City and State law, including zoning laws. The agenda item provides authority to the City Manager and City Attorney to finalize the Lease Agreement and to make nonsubstantial changes to the same. In accordance with Section 4.3(7), of the City Charter, leases of City property must be approved by ordinance. Proposed Action: Attachment:

16 16 of 174 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT, LLC, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A AND TO LEASE THE PROPERTY DESCRIBED IN THE LEASE; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager is recommending that the City Council approve the Development Agreement in substantial form, authorize the City Manager and City Attorney to finalize the Development Agreement, authorize the City Manager to execute the same, and WHEREAS, on March 9, 2016, the City Council approved Resolution No directing that the City Manager and City Attorney negotiate a long-term lease/development agreement with the Urban League of Greater Miami for the construction and development of a 100+ unit of senior housing to be located adjacent to the City s proposed Senior Center, and WHEREAS, negotiations were undertaken with New Urban Development, LLC, the development arm of the Urban League, and a long term Lease Agreement in substantial form as that Lease Agreement attached hereto has been negotiated, and WHEREAS, in accordance with Resolution No and the negotiated Lease Agreement, the Lease will have a 50 (fifty) year initial term, 1

17 17 of 174 which can be extended at the Tenant s option, for two twenty five (25) year additional terms, and WHEREAS, nominal rent will be paid by New Urban Development, however, as consideration for the Lease, New Urban Development will be responsible for maintenance of the interior and exterior of the senior housing project as well as the City's senior center as outlined in the Lease Agreement at no charge to the City, and WHEREAS, further, the Lease provides that seniors age 55 and older will reside in the facility and New Urban Development will be responsible for ensuring compliance with the Americans with Disability Act and the Fair Housing Act, and WHEREAS, as a potential additional revenue source for New Urban Development and the City, a Cell Tower and/or a Billboard may will be erected on the site, subject to compliance with City and State law, including zoning laws, and WHEREAS, in accordance with Section 4.3(7) of the City of Miami Gardens Charter, an ordinance is required to convey any lands of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AUTHORIZATION: The City Council hereby authorizes the City Manager to finalize and execute that certain Lease Agreement in substantial 2

18 18 of 174 form as that Agreements attached hereto as Exhibits A. The City Council further authorizes The lease of that certain City-owned property outlined in the attached Lease Agreement. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 12 th DAY OF SEPTEMBER, PASSED ON SECOND READING ON THE DAY OF, ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF, OLIVER GILBERT, III, MAYOR 3

19 19 of 174 ATTEST: RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Second by: VOTE: Mayor Oliver Gilbert, III (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilman David Williams Jr (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) 4

20 20 of 174 LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT LLC THIS LEASE AGREEMENT (hereinafter Agreement or Lease Agreement ) is made the last day executed below by and between the City of Miami Gardens, a municipal corporation having an office at NW 27 th Avenue, Miami Gardens, Florida 33056, (hereinafter City or Landlord ) and New Urban Development LLC or its assignee, having an office at 8500 NW 25 th Avenue, Miami, FL (hereinafter Tenant ). RECITALS WHEREAS, Landlord is the owner of real property in the City of Miami Gardens, Florida, located at a the southwest corner of the intersection of Northwest 12 th Avenue and Miami Gardens Drive, which is more particularly described on Exhibit A attached hereto ( City Property ); and WHEREAS, the Landlord is desirous of obtaining quality housing at or near the City Property for senior citizens in the City of Miami Gardens; and WHEREAS, the Landlord intends to construct a senior-citizen facility on a portion of the City Property ( Senior Facility ); and WHEREAS, the Tenant desires to enter into a Lease of a portion of the City Property for its exclusive use and occupancy for the purposes of constructing, maintaining and operating a multi-family residential housing for elderly 55 years of age or older, consistent with the principles of the Fair Housing Act ( Project ), along with ancillary uses permitted with the Plan Development District (PDD); and WHEREAS, the Landlord and Tenant are desirous of having Tenant maintain the entire City Property, including the Senior Facility to be built by the Landlord; and WHEREAS, the Landlord and Tenant have negotiated an understanding for the prospective lease of a portion of the said City Property to the Tenant; and WHEREAS, Landlord and Tenant desire to reduce their understandings to writing, as further provided herein; NOW, THEREFORE, IN CONSIDERATION of mutual covenants hereinafter described, the Parties agree as follows: Page 1 of final revision 8/28/2017

21 21 of LEASEHOLD PROPERTY 1.1 DESCRIPTION OF LEASEHOLD PROPERTY: Landlord shall lease to Tenant approximately 7.3 acres of the City Property ( Leasehold Property ) more particularly described in Exhibit B, attached hereto and incorporated herein by reference, such acreage to be delivered AS-IS, WHERE-IS, WITH ALL FAULTS. 1.2 USE OF LEASEHOLD PROPERTY: The use of the Leasehold Property shall be restricted to the Project consisting of 100 garden-type units, built in a campus-like setting, consisting of five (5) three-story buildings, with unit sizes ranging from 550 square feet for a onebedroom unit to 791 square feet for a two-bedroom unit, with the following unit and building amenities: Project Amenities Gym/Fitness Center Computer Center Balconies Energy-Efficient Appliances Library Gazebo/Pavilion Washer/Dryer Hookups (Family Elevators Roof-Top Terrace & Gardens Controlled Access Trash Valet Service Walking Trails Unit Amenities Open, loft-like kitchen Energy efficient refrigerator, dishwasher and stove Built-in microwave Generous cabinet space with pantry Ceramic tile floors Central air conditioning Climate-control ceiling fans* Vertical blinds High-speed internet access available 2. TERM 2.1 TERM: The term of this Lease is fifty (50) years ( Lease Term ), unless terminated or extended in accordance with the terms hereof, and the same shall commence on the Effective Date. Tenant shall have the option of extending the Lease Term for an additional Page 2 of final revision 8/28/2017

22 22 of 174 twenty-five (25) years by giving written notice therefor not earlier than two (2) years, but not later than one (1) calendar year, from the date that the Lease Term would expire. In the event the Tenant exercises such option, the terms hereof shall continue in full force and effect. In the event that the Tenant does not exercise such option, time being of the essence thereof, the Tenant shall, instead, execute and deliver to the Landlord a release and termination agreement in substantially the same form as attached hereto and made a part hereof as Exhibit C. 2.2 EFFECTIVE DATE; EARLY TERMINATION: This Lease shall be effective on the date of full execution hereof ( Effective Date ). Notwithstanding the foregoing, the Tenant shall have the right for a period of one hundred and twenty (120) calendar days, after the expiration of the Inspection Period, to terminate the Lease, if the Tenant is unable to obtain the approvals required to construct and operate the Project on the Leasehold Property. 2.3 DUE DILIGENCE AND CONSTRUCTION 2.3(a). INSPECTION PERIOD: Tenant shall have until ninety (90) days after the Effective Date to cause one or more experts and consultants of its choice and at Tenant s expense to (i) inspect the City Property and Leasehold Property and any documents related to the City Property and Leasehold Property, and (ii) examine, survey, obtain engineering inspections and otherwise do that which, in the opinion of Tenant, is necessary to determine the condition and value of the City Property and Leasehold Property for the construction and operation of the Project ( Inspection Period ). If Tenant is dissatisfied with the results and findings of such inspections, for any reason or no reason, Tenant may terminate the Lease prior to or upon the expiration of the Inspection Period, in which event, Tenant shall forthwith execute and deliver to Landlord a written release in substantial conformity as set forth on Exhibit C. The failure or omission of the Tenant to terminate this Lease, in writing with notice to Landlord, within such time shall be deemed and shall be acceptance. The parties acknowledge an existing Covenant Agreement between the City and Miami Dade County pertaining to a water supply well for the property. 2.3(b) APPROVAL PERIOD: Tenant shall have one hundred twenty (120) calendar days after the expiration of the Inspection Period to seek the zoning, land use,, financing and other changes and approvals (including, at Tenant s election, a change of the use or zoning classification of the Property) (collectively, together with any other consents or approvals sought by Tenant with respect to the Project, the Approvals ) required or requested by Tenant to construct and operate the Project. If Tenant does not receive the Approvals, Tenant may terminate the Lease prior, before upon expiration of the Approval Period, in which event, Tenant shall forthwith execute and deliver to Landlord a written release in substantial conformity as set forth on Exhibit C. The failure or omission of the Tenant to terminate this Lease, in writing with notice to Landlord, within such time shall be deemed and shall be acceptance. 2.3(c) DEVELOPMENT PERIOD: Tenant shall have ( ) eight hundred seventy calendar days (870) (29 calendar months) after the expiration of the Approval Period to develop the Project through the Final Certificate of Occupancy. The Development Period may be extended for good cause shown. For the purposes hereof a showing of good cause shall include the failure of the requisite governmental agencies to process bona fide, complete plans and specifications in a reasonable time, the failure of the applicable contractors to honor their respective contracts, the failure of any leasehold mortgagee to fund the Project without good Page 3 of final revision 8/28/2017

23 23 of 174 cause and any Force Majeure acts or occurrences. In tandem, the Inspection Period, Approval Period and Development Period shall not exceed thirty-six (36) calendar months from the Effective Date. If the Tenant does not successfully complete the Development Period, as the same may be extended for good cause shown, the Tenant shall, upon demand of the Landlord, forthwith execute and deliver to the Landlord a written release in substantial conformity as set forth on Exhibit C. 3. RENT 3.1 BASE RENT: The initial rent on the Property ( Base Rent ), payable monthly, shall start as provided in Section 3.2 at Base Rent shall be ten $10.00 per month. Rent payments shall be made payable to the City of Miami Gardens in the form of a check or ACH payment. Checks shall be mailed to the City s Department of Finance to the applicable notice mailing address identified in Section 4.16 herein. All of Tenant s monetary obligations set forth in this Agreement are conditioned upon Tenant s receipt of an accurate and executed W-9 Form from City. In addition to the Base Rent, and its further consideration hereunder, Tenant shall maintain the entirety of the City Property in a manner consistent with the protocols and standards set forth on Exhibit D, as contemplated in Section 5.3 hereof. 3.2 RENT COMMENCEMENT DATE: Tenant shall not be liable for payment of Base Rent until the earlier of eighteen (18) months from the Effective Date or final approval of the Project (including Tenant s construction plans and any approvals as defined above in Section 2.3 sought by Tenant) and the issuance of a building permit to construct the Project. 3.3 AD VALOREM TAXES: In the event that the Leasehold Property shall at any time during the Term hereof be subject to assessment for ad valorem taxes, the same shall be deemed additional rent and shall be payable by the Tenant before the same become delinquent and in the event of a delinquency, the Tenant shall promptly pay the same, together with all penalties and interest thereon, all as provided in Section 5.5 hereof. 4. FINANCING 4.1 LEASEHOLD FINANCING: Tenant shall have the right to grant leasehold mortgages with the Landlord s prior, specific consent. The interests of any leasehold mortgagees in the Leasehold Property shall be subordinate to the Landlord s interest. 4.2 MORTGAGES: The following provisions shall control with respect to any Leasehold Mortgage. Landlord acknowledges and agrees that Tenant may encumber its leasehold interest in the Leasehold Property by a deed of trust or mortgage or other security instrument, subject to Section 4.1 hereof. 4.3 USE OF PROCEEDS: The proceeds of any loan secured by Leasehold Mortgage shall only be used for the acquisition, development, construction, repair, maintenance and replacement of the Project on the Leasehold Property and Improvements and for other related purposes. Page 4 of final revision 8/28/2017

24 24 of NOTICE AND SERVICE TO LEASEHOLD MORTGAGEE: Landlord shall mail to Leasehold Mortgagee who has given Landlord written notice of its name and address, a duplicate copy of any and all notices Landlord may, from time to time, give to or serve on Tenant pursuant to or relating to this Lease, including but not limited to any notice of default, notice of termination, or notice regarding any matter on which Landlord may predicate or claim a default. Any notices or other communications permitted by this or any other section of this Lease or by law to be served on or given to Leasehold Mortgagee by Landlord shall be deemed duly served on or given to Leasehold Mortgagee when deposited in the United State mail, first-class postage prepaid, addressed to Leasehold Mortgagee at the last mailing address for Leasehold Mortgagee furnished in writing by the Leasehold Mortgagee to Landlord. 4.5 EFFECT OF FAILURE TO GIVE NOTICES: Landlord's failure to provide notice to Leasehold Mortgagee shall not invalidate the Notice provided to Tenant. Notwithstanding any other provision in this Lease to the contrary, however, as between Landlord and Leasehold Mortgagee, no time period applicable to such Leasehold Mortgagee shall start to run, and no termination as to which Notice from Landlord to such Leasehold Mortgagee is required under this Lease shall occur, unless and until Landlord shall have given the appropriate notice to such Leasehold Mortgagee and the applicable cure periods shall have run. 4.6 NO MODIFICATION WITHOUT LEASEHOLD MORTGAGEE S CONSENT: For as long as there is any Leasehold Mortgage in effect, Landlord and Tenant hereby expressly stipulate and agree that they will not materially modify this Lease in any way nor cancel this Lease by mutual agreement without the written consent of the Leasehold Mortgagee holding that Leasehold Mortgage. 4.7 RIGHT OF LEASE MORTGAGEE TO REALIZE ON SECURITY: Provided such rights are granted the Leasehold Mortgagee in any security interest evidencing the Leasehold Mortgage, the Leasehold Mortgagee shall have the right, at any time or during the Lease Term and the existence of the Leasehold Mortgage to: 4.7(a) Do any act or thing required of Tenant under this Lease, and any such act or thing done and performed by Leasehold Mortgagee shall be as effective to prevent a forfeiture of Tenant s right s under this Lease as if done by Tenant; or 4.7(b) Realize on the security in the leasehold estate created by this Lease (the Leasehold Estate ) by foreclosure proceedings, accepting an assignment in lieu of foreclosure, or other remedy afforded in law or in equity or by the security instrument evidencing the Leasehold Mortgage, including without limitation, the appointment of a receiver, and to: (i) transfer, convey, or assign the title of Tenant to the Leasehold Estate to any purchaser at any foreclosure sale, whether the foreclosure sale is conducted pursuant to court order or pursuant to a power of sale contained in the security instrument evidencing the Leasehold Mortgage, or to an assignee pursuant to an assignment in lieu of foreclosure; and, (ii) acquire and succeed to the interest of Tenant under this Lease by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in the security instrument evidencing such Leasehold Mortgage, or by virtue of any assignment in lieu of such foreclosure. ` Page 5 of final revision 8/28/2017

25 25 of LIMITATION OF LEASEHOLD MORTGAGEE RIGHTS TO PERFORM DEVELOPMENT OBLIGATIONS: The Leasehold Mortgagee or any person or entity acquiring the Leasehold Estate shall be liable to perform Tenant s obligations under this Lease only during the period, if any, in which the entity or person has ownership of the Leasehold Estate or possession of the Leasehold Property. 4.9 RIGHT OF LEASEHOLD MORTGAGEE TO CURE DEFAULTS: For as long as there is in effect any Leasehold Mortgage, before Landlord may terminate this Lease because of any default under or breach of this Lease by Tenant, Landlord must give written notice of the default or breach to Leasehold Mortgagee and afford Leasehold Mortgagee the opportunity after service of the notice to cure the breach or default within the time periods set forth in Section ADDITIONAL TIME TO CURE, NON-CURABLE DEFAULT: Provided that all Base Rent and other monetary and non-monetary obligations of Tenant under this Lease shall be duly performed, the time periods set forth hereunder shall be extended as provided below in the following circumstances: 4.10(a) In those instances which reasonably require Leasehold Mortgagee to be in possession of the Leasehold Property to cure any default by Tenant, the time allowed an Leasehold Mortgagee to cure any such default by Tenant shall be deemed extended to include the period of time required by Leasehold Mortgagee to obtain such possession with due diligence; and 4.10(b) In those instances in which Leasehold Mortgagee is prohibited by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Tenant from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, the time herein allowed an Leasehold Mortgagee to prosecute such foreclosure or other proceeding shall be extended to include the period of such prohibition; provided, however, that the time allowed to prosecute such foreclosure shall not extend beyond the end of the Lease term ASSIGNMENT ON FORECLOSURE: The assignment of the Leasehold Estate of Tenant pursuant to a foreclosure sale or pursuant to an assignment in lieu of foreclosure shall not require the prior written consent of Landlord. Leasehold Mortgagee shall give Landlord written notice of the pending transfer, including the name and address of the assignee and the effective date of the assignment ASSUMPTION BY ASSIGNMENT: Any person or entity acquiring the right, title and interest of Tenant s Leasehold Estate under this Lease from the Leasehold Mortgagee or any person, firm or corporation claiming or deriving its interest through or under Leasehold Mortgagee, shall, as a condition precedent to the enjoyment of the Leasehold Estate, assume in writing the liability for the performance of the obligations imposed upon Tenant by the terms of this Lease. Upon this assumption, the Leasehold Mortgagee shall be released from all obligations under this Lease arising after the effective date of the release. Leasehold Mortgagee shall furnish Landlord with an executed copy of the instrument of assignment or transfer and a copy of the undertaking made under the foregoing provisions. Page 6 of final revision 8/28/2017

26 26 of GENERAL TERMS AND CONDITIONS 5.1. ACCESS, INGRESS & EGRESS: Tenant shall permit Landlord and its authorized representatives to enter the Property at all reasonable times (upon forty-eight (48) hours prior notice, except in the event of an emergency, in which no prior notice is required prior to entry) for the purposes of (i) serving or posting or keeping posted thereon notices required or permitted by Law, (ii) conducting periodic inspections, (iii) performing any work thereon required or permitted to be performed by Landlord pursuant to this Lease PROVIDED, HOWEVER, nothing set forth in this Lease shall be construed as authorizing Landlord to enter the Project without the consent of Tenant, except in the case of an emergency. Nothing in this Section or this Lease shall be construed to limit in any way the entry by Landlord onto the City Property or the Leasehold Property. if such entry is in conjunction with its normal municipal functions and duties such as police and fire department actions. 5.2 DUE DILIGENCE: Tenant shall be responsible for soil borings, surveys and any other similar or necessary tests, which may be required as a condition of construction and for all expenses related to its improvements, which may thereafter be constructed upon the Leasehold Property. 5.3 ADDITIONAL IN-KIND RENT; MAINTENANCE AND JANITORIAL SERVICES: 5.3(a) The Landlord intends to develop one or more senior-citizen facilities consisting of an auditorium, pavilions and associated improvements on City Property, less the Leasehold Property. As and for additional rent, within fifteen (15) calendar days after the issuance of the Temporary Certificate of Occupancy for the first of such improvements to the City Property, the Tenant shall undertake maintenance and janitorial services, including landscaping and maintenance of the improvements on the City Property. The Landlord shall notify the Tenant, in accordance with Section 9 hereof, of the issuance of the applicable certificates of occupancy. Such maintenance and janitorial services shall meet the standard in Miami-Dade County for Class A office space, on a daily basis, which services shall include landscaping, replacements, sanitary facility cleaning with appropriate GREEN cleaners and sanitizers, all in accordance with the protocols and standards set forth on Exhibit D, exterior and interior maintenance and services included 5.3(b) After the issuance of the Temporary Certificate of Occupancy for any part of the Project Improvements, Tenant shall likewise maintain such portion(s) of the Leasehold Property not under construction, in a good condition and state of repair and meet all governmental requirements imposed by all federal, state or local agencies, including all provisions relating to landscape maintenance. Tenant also agrees to provide maintenance for the property grounds including, but not limited to the Project, consistent with the standards set forth in Exhibit D. 5.3(c) Upon termination of this Lease, Tenant shall return the Leasehold Property with all improvements to the Landlord, reasonable wear and tear excepted. Tenant shall also, at such time, return all keys, access devices and other personal property belonging to Landlord, in Tenant s possession, to Landlord. Tenant shall forthwith execute and deliver to Landlord a written release Page 7 of final revision 8/28/2017

27 27 of 174 in substantial conformity to the maintenance of the entirety of the City Property in a manner consistent with the standards and protocols set forth on Exhibit C UTILITIES: Tenant shall install any and all utility connections required for the Project for Tenant s use and enjoyment of the Leasehold Property, at its sole cost and expense. Tenant shall be solely liable for utility expenses relating to its use on the Leasehold Property. 5.5 TAXES: Tenant shall be responsible for making any necessary returns for and paying any and all ad valorem, tangible personal property and sales taxes separately levied upon or assessed against any portion of the Project, the lands thereof or improvements thereto, and all other fees and assessments attributable to the Project, within thirty (30) days of notice from the City. 5.6 NET LEASE: This Lease shall be an absolute net-net lease, and, except as set forth herein, Landlord shall not be required to make any payments of any kind whatsoever related to the Leasehold Property. 5.7 LIENS: Tenant shall keep the City Property and Leasehold Property free from any mechanics or material man s liens arising out of any work performed, materials furnished or obligations incurred by or for Tenant during the Lease Term. Tenant shall, within thirty (30) days following the imposition of any such lien, cause the same to be released or recorded by payment or posting of a proper bond. Tenant agrees to indemnify, defend and hold harmless Landlord from any such lien from a party claiming by, through or under Tenant. No work, which Landlord permits Tenant to perform on the Leasehold Property, shall be deemed to be for the use and benefit of Landlord by reason of its consent to such work. Landlord shall have the right to post notices that it is not responsible for payment for any such work. In connection with any construction and improvement to the Leasehold Property, Tenant shall post a bond in accordance with Section (1)(g)(1), Florida Statutes. 5.8 TENANT IMPROVEMENTS AND SCHEDULE: Tenant acknowledges that the completion of the Project is a material consideration underlying this Lease, without the realization of which the Landlord would not make this Lease. In consideration thereof, the following constructions schedule shall control: 5.8(a) The Tenant will have obtained all Approvals as contemplated in Section 2.3(b) hereof and maintain the same within the time periods set forth therein; 5.8(b) Tenant shall complete within the Development Period contemplated in Section 2.3(c). 5.8(c) Tenant acknowledges that the Landlord shall establish, by resolution, a seniorcitizens committee to provide oversight and coordination of the Tenant s progress with regard to the construction of the Project, without assuming control over or responsibility for such construction, but in aid of coordination between the Landlord and Tenant. 5.9 TITLE TO IMPROVEMENTS: All Tenant's improvements will remain the property of Landlord. Page 8 of final revision 8/28/2017

28 28 of REMOVAL OF PERSONAL PROPERTY: After the expiration or other termination of this Lease, Tenant, within thirty (30) calendar days of the termination of this Lease, shall remove its personal property from the City Property and Leasehold Property. 6 WASTE/NUISANCE: Tenant will not commit or suffer to be committed, any waste or any nuisance on the City Property or Leasehold Property during the Lease Term, as the same may be extended. 7. SUBLETTING, ASSIGNMENT: Tenant shall not have the right to sublease or assign any of its rights hereunder without Landlord s consent, which consent may be withheld in the Landlord s absolute discretion. 8. LANDLORD S COOPERATION: Landlord agrees to cooperate with Tenant and use diligent and continuous best efforts to assist and fast track the Project. Such assistance shall include helping the Tenant obtain any and all Approvals, both with respect to the initial construction of the Project and with respect to any additions to or expansion of the Project. 9. NOTICES: All notices, communications, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Lease shall be in writing, signed by the notifying party, or officer, agent or attorney of the notifying party, and will be deemed delivered if served personally, including but not limited to delivered upon electronic or standard postal-service mailing by registered or certified mail, or by a recognized courier service that provides proof of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified within ten (10) calendar days. The places and contacts for giving notice shall remain as such until they have been changed by written notice in compliance with the provisions of this section. For the time being, the Landlord and the Tenant designate the following respective places and contacts for giving of notice: TO LANDLORD: RENT PAYMENTS: City of Miami Gardens Attn: Craig Clay, Assistant City Manager NW 27th Avenue, 3 rd Floor Miami Gardens, FL With a Copy to: City of Miami Gardens Attn: Director, Finance Department NW 27 th Avenue, 2 nd Floor Miami Gardens, FL ALL OTHER NOTICES: City of Miami Gardens Attn: Cameron Benson, City Manager Page 9 of final revision 8/28/2017

29 29 of NW 27th Avenue Miami Gardens, FL With Copy to: City of Miami Gardens Attn: Sonja K. Dickens, City Attorney, Office of the City Attorney NW 27th Avenue Miami Gardens, FL TO TENANT: New Urban Development, LLC Attn: Oliver L. Gross 8500 NW 25 th Avenue Miami, FL The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by the party as above provided. 10. TENANT INDEMNIFICATION: Tenant agrees to defend, indemnify, save and hold harmless the Landlord and its officers, agents and employees from any claim, demand, suit, loss, cost or expense for any damages which may be asserted, claimed or recovered against or from Landlord or its officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is connected with Tenant s performance of this Lease and/or Tenant s acts or omissions, except to the extent arising out of any act or omission of Landlord or any third party and its or their employees. This indemnification shall include any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof, including appeals. Nothing contained herein shall be deemed a waiver of sovereign immunity by the Landlord. 11. LANDLORD INDEMNIFICATION: The Landlord agrees to indemnify and hold harmless Tenant, to the extent of the monetary limitations included within Florida Statutes, Section , subject to the provisions in this act whereby the Landlord shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the Landlord arising out of the same incident or occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise as a result of the negligence of the Landlord. However, nothing herein shall be deemed to indemnify the Tenant from any liability or claim arising out of the Tenant s negligent performance or failure of performance of the Tenant or as a result of the negligence of any unrelated third-party. 12. INSURANCE REQUIREMENTS: Tenant shall obtain and submit proof of insurance coverage as, the attached form and substance of which in Exhibit E herewith shall be required by the Landlord s Risk Management Division during its tenancy. Tenant shall obtain Page 10 of final revision 8/28/2017

30 30 of 174 Certificates of Insurance and endorsements reflecting evidence of the required insurance coverage as required by the Landlord and as detailed in Exhibit E incorporated by reference herein and shall annually provide updated Certificates of Insurance to the Landlord s Risk Management Division upon expiration of the preceding coverages. These certificates shall contain a provision stating that coverages afforded under these policies will not be canceled until at least forty-five (45) days prior written notice has been given to the Landlord. Policies shall be issued by companies with an AV-1 financial rating according to the Best Key Rating Guide which are authorized to do business under the laws of the State of Florida. Tenant shall name the Landlord as Additional Insured on each of the policies required herein, except Workers Compensation and Employer s Liability. Any insurance required of Tenant pursuant to this Lease, must also be required by any contractor and subcontractor or sub-licensee in the same limits and with all requirements as provided herein, including naming the Landlord as an additional insured in any work which is subcontracted unless such subcontractor is covered by the protection afforded by the Tenant and provided proof of coverage is provided to the Landlord. The Tenant and any contractors or subcontractors or sub-licensee shall maintain such policies during the term of this Lease. Tenant shall not allow any contractor or subcontractor to commence work on his contract until all similar such insurance coverage required of the contractor has been obtained and approved. Tenant, its contractors, subcontractors and sub-licensees shall maintain throughout the term of this License their respective insurance policies, unless otherwise provided for under this Lease, until the termination of this Lease and until Tenant has restored the City Property and Leasehold Property to its previous condition, reasonable wear and tear excepted. 13. COMPLIANCE WITH LAWS: 13.1 COMPLIANCE WITH GENERAL LAW: From and after the Effective Date, Tenant will comply with all applicable statutes, laws, ordinances, rules, regulations, lawful orders and requirements of any federal, state, local government and of any other governmental authority or public body ensuing from Tenant s use, occupancy or control of the Landlord s Property including, but not limited to, permits and payment of assessments, fees, fines or liens. Tenant will obtain any necessary governmental licenses, permits, zoning approvals or authorizations required for the construction and use of Project and other structures on the Property and will furnish copies of same to Landlord as same are issued COMPLIANCE WITH SPECIAL ACTS: The Tenant shall operate and administer the Project consistent with the Fair Housing Act and the Americans With Disabilities Act, and the rules and regulations adopted in accordance therewith, so that at all times, in connection with such administration and operation, the same meets with the requirements of both the Fair Housing Act and the Americans With Disabilities Act. 14. HAZARDOUS WASTE: 14(a) The term "Hazardous Material(s)" will mean any substance, material, waste, gas or particulate matter which is regulated by the local governmental authority where the Property is located, the State in which the Property is located, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or restricted hazardous waste" under any provision of state or local law, (ii) petroleum, (iii) asbestos, (iv) Page 11 of final revision 8/28/2017

31 31 of 174 polychlorinated biphenyl, (v) radioactive material, (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S.C. '1317), (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. '6901 et seq. (42 U.S.C. '6903), or (viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act. 42 U.S.C. '9601 et Seq. (42) U.S.C. '9601). The term Environmental Laws will mean all statutes specifically described in the foregoing sentence and all applicable federal, state and local environmental health and safety statutes, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability or standards concerning or in connection with Hazardous Materials. 14(b) Landlord represents and warrants that, to the best of Landlord's knowledge, (i) the Property has not been used for the use, manufacturing, storage, discharge, release or disposal of hazardous waste, (ii) neither the Property nor any part thereof is in breach of any Environmental Laws, (iii) there are no underground storage tanks located on or under the Property, and (iv) the City and Leasehold Property is free of any Hazardous Materials that would trigger response or remedial action under any Environmental Laws or any existing common law theory based on nuisance or strict liability. If any such representation is in any manner breached during the term of this Agreement (collectively, a "Breach"), and if the Breach gives rise to or results in liability (including, but not limited to, a response action, remedial action or removal action) under any Environmental Laws or any existing common law theory based on nuisance or strict liability, or causes a significant effect on public health, Landlord will promptly take any and all remedial and removal action as required by law to clean up the City Property and Leasehold Property, mitigate exposure to liability arising from, and keep the City Property and Leasehold Property free of any lien imposed pursuant to, any Environmental Laws as a result of the Breach. 14(c) Landlord represents and warrants to Tenant that Landlord has received no notice that the property or any part thereof is, and, to the best of its knowledge and belief, no part of the Property is located within an area that has been designated by the Federal Emergency Management Agency, the Army Corps of Engineers or any other governmental body as being subject to special hazards. 14(d) The covenants of this Section will survive termination of this Lease and be enforceable and will continue in full force and effect for the benefit of Tenant and its subsequent transferees, successors and assigns, and will survive the term of this Lease and any renewal periods thereof. 15. GENERAL TERMINATION PROVISION 15(a) TERMINATION BY TENANT: Tenant shall be permitted to terminate this Lease in accordance with the provisions of Section 2.3 of this Lease. 15(b) TERMINATION BY LANDLORD: Landlord may terminate this Agreement, at its option, in the event of a material default by Tenant in the following circumstances; (i) failure to pay monthly Rent when due; (ii) failure to provide maintenance contemplated in Sub- Page 12 of final revision 8/28/2017

32 32 of 174 sections 3.1 and 5.3(a) hereof, as more particularly described in Exhibit D; (iii) failure to provide applicable insurance coverage; (iv) damage to the Landlord s Property; (v) non-payment of real property taxes, fines, assessments, liens or fees due and payable as a result of Tenant s use and occupancy of the City Property or Leasehold Property; (vi) failure to comply with any governmental regulations or court order and in the event the default or failure is not cured within sixty (60) days after Tenant s receipt of written notice of such default or failure or (vi) failure to meet any of the construction schedules established in Section 5.8 of this Lease. 15(c) RELEASE UPON TERMINATION: Upon the termination of this Lease, Tenant shall, within five (5) days thereof, execute and deliver to the Landlord a release in substantial conformity with Exhibit C hereof. 16. FORCE MAJEURE: If either party is delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive laws (except as otherwise specifically provided herein), riots, insurrection, terrorist acts, war or other reason beyond the reasonable control of and not the fault of the party delayed in performing the work or doing the acts required under the terms of this Lease (collectively, Force Majeure ), then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section shall not (i) operate to excuse Tenant from prompt payment of Rent or any other payment required by Tenant under the terms of this Lease, or (ii) be applicable to delays resulting from the inability of a party to obtain financing or to proceed with its obligations under this Lease because of a lack of funds. 17. DAMAGE AND NO DUTY TO RESTORE: In the event of casualty to the Leasehold Property or the Improvements thereon, all of Tenant's obligations under this Lease, including without limitation the obligation to pay Rent, Additional Rent, and impositions, as well as maintenance and janitorial obligations and shall continue as provided for in this Lease. There shall be no abatement or reimbursement of Rent on account of any casualty. Tenant shall not have an obligation to repair, rebuild, or restore improvements damaged by a casualty. Nevertheless, if (a) a casualty occurs which materially damages the Improvements on the Leasehold Property, (b) Tenant elects, in a written notice to Landlord, not to rebuild or repair such Improvements, and (c) Landlord provides written notice to Tenant requesting the demolition of the above-ground Improvements then located on the Leasehold Property, which notice shall be given in Landlord s absolute discretion, then Tenant shall have the affirmative obligation to demolish all above-ground Improvements then located on the Leasehold Property and to remove all debris consequent thereto. The term above-ground Improvements shall mean and refer to all foundations, walls, supporting structures, stanchions, poles, framework and other structural systems, including any utility apparatus connected thereto or associated therewith, but the same shall not include any belowground infrastructure such as, but not limited to, water, sewer or gas lines or structures, electrical transformers or conduits or other below-grade utilities. All of such demolition shall be pursuant to duly issued permits under the Florida Building Code and other applicable rules and regulations from all applicable governmental authorities, paid in advance with the costs associated therewith borne by Tenant. Subject to Tenant s receipt of applicable demolition permits, such demolition shall be commenced within thirty (30) days of the Landlord s notice, and the same shall be Page 13 of final revision 8/28/2017

33 33 of 174 prosecuted with reasonable dispatch to the close-out of such permit(s), as measured by the standards then applicable in Miami-Dade County, Florida. 18. PREFERENCE FOR CITY OF MIAMI GARDENS RESIDENTS: Tenant shall give the first-preference to bona fide residents of the City of Miami Gardens with respect to the occupancy of the residential units comprising the Project. The bona-fides of an application for residency in the Project shall be evidenced by, among other things, driver s license, photo identification issued by a law enforcement agency of the State of Florida or Miami-Dade County, utility invoices and such other evidence as shall verify that the applicant has been a resident of the City of Miami Gardens for a period of, at least, six (6) months prior to the date of the application for residency in the Project. 19. CELL TOWER SITE: Consistent with the City of Miami Gardens Code of Ordinances, and State law, Tenant, after the Effective Date of this Agreement, may take such steps as shall be necessary and appropriate to provide for the establishment of a cell tower and improvements necessary to support the cell tower site, subject to the review and approval of Landlord, with the goal of leasing the same to a commercial operator for fair value the proceeds of which shall be shared between Landlord and Tenant, as followings: a. Tenant shall employ commercially reasonable efforts to secure a qualified operator for the Cell Tower Site. b. Tenant shall remit the first twenty five thousand ($25,000.00) of net revenues received from the operator(s) during each annual lease year or reporting period, to the Landlord. The Funds shall be used to provide for Senior Services at the location and adjoining Senior Center. 20. BILLBOARD: Consistent with the City of Miami Gardens Code of Ordinances and applicable State law, Tenant shall have the right to erect two (2) billboards. One (1) billboard shall be on the site that is the subject of this Lease. Tenant shall enter a Billboard Agreement approved by Landlord, which shall have the following provisions: a. Tenant shall use commercially reasonable efforts to secure a billboard operator for the Billboard. b. The parties understand and acknowledge that Tenant will be the licensee of the billboard. c. Tenant shall remit the first twenty five thousand ($25,000.00) of net revenues received from the operator(s) during each annual lease year or reporting period, to the Landlord. If applicable, the other billboard shall be on a site that meets the requirements of the City s Code of Ordinances and State law. MISCELLANEOUS 21. FIRST SOURCE HIRING: In light of City of Miami Gardens Ordinance No , in advance of opening the multi-family residential homes for elderly, (etc.) facility Page 14 of final revision 8/28/2017

34 34 of 174 to the public, The Urban League of Greater Miami/NUD, LLC human resources team shall conduct such recruiting activities in the City of Miami Gardens as it deems necessary or appropriate, including holding one or more local information sessions or job fairs. In light of City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) Ordinance No , as part of the process of constructing the multi-family residential homes for elderly (etc.) facility, The Urban League of Greater Miami/NUD, LLC construction team will consider any bids submitted by subcontractors and other service or material providers based in the City of Miami Gardens to the extent they deem appropriate. Tenant agrees to use Career Source, Job Corps or another designated job referral agency of its choice in Miami Gardens as a first source referral source to fill jobs created at The Urban League of Greater Miami/NUD, LLC proposed facility in Miami Gardens. Prior to hiring to fill each vacancy arising under the Tenant s Lease, Tenant shall first notify the referral agency of its choice of the vacancy and list the vacancy with the referral agency. The listing shall contain a detailed description of the job responsibilities and qualifications, and be posted during the three (3) to five (5) day period following notification to the referral agency of employment availability ( Referral Period ). The referral agency shall provide a list of qualified candidates, if such candidates are available, to Tenant within twenty-four (24) hours of receiving notice of vacancy. Thereafter, Tenant shall (a) review the resumes and qualifications of the candidates, and (b) make a good faith effort as determined by the City of Miami Gardens, to fill a minimum of fifty percent (50%) of its employment needs under the Tenant s Lease from the first source register. Notwithstanding the foregoing, if after the Referral Period a suitable employee is not found from Career Source or another local referral agency, the Tenant is free to fill its vacancies from other sources. A good faith effort to employ candidates from the referral agency shall constitute, at a minimum, evaluating the qualification of such candidates, and conducting interviews with those candidates who satisfy the minimum competency requirements. The Tenant is not required to hire any individual candidate referred. However, Tenant shall not commit to fill vacancies in any other manner until after the end of the Referral Period, unless the referral agency notifies the Tenant in writing prior to the end of the Referral Period that qualified candidates are not available in sufficient numbers to fill the vacancies. Upon such notification, the Tenant may immediately fill vacancies using other sources. 22. ANTI-TERRORISM LAWS AND PROHIBITED PERSONS: Adherence to the provisions of Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, HR3162, Public Law ( USA Patriot Act ) and Executive Order No on Terrorism Financing, effective September 24, 2001, together with the regulations promulgated pursuant there to (collectively, Anti-Terrorism Laws ), including, without limitation, persons and entities named in the Office of Foreign Asset Control specially designated nationals and blocked persons list (collectively, in Prohibited Persons ). 23. PROHIBITED PERSONS 23(a) Tenant is not, and shall not during the term of this Lease become, a person or entity with whom Landlord is restricted from doing business under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H. R. 3162, Public Law (commonly known as the USA Patriot Page 15 of final revision 8/28/2017

35 35 of 174 Act ) and Executive Order Number on Terrorism Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, Anti-Terrorism Laws ), including without limitation persons and entities named on the Office of Foreign Asset Control Specially Designated Nationals and Blocked Persons List (collectively, Prohibited Persons ). 23(b) To the best of its knowledge, Tenant is not currently engaged in any transactions or dealings, or otherwise associated with, any Prohibited Persons in connection with the use or occupancy of the Property. Tenant will not, during the Term of this Lease, engage in any transactions or dealings, or be otherwise associated with, any Prohibited Persons in connection with the use or occupancy of the Property. 23(c) Tenant's breach of any representation or covenant set forth in this Section shall constitute an Event of Default, entitling Landlord to any and all remedies hereunder, or at law or in equity. 23(d) To the best of its knowledge, Landlord is not currently engaged in any transactions or dealings, or otherwise associated with, any Prohibited Persons in connection with the use or occupancy of the Property. Tenant will not, during the Term, engage in any transactions or dealings, or be otherwise associated with, any Prohibited Persons in connection with the use or occupancy of the Property. 23(e) Owner's breach of any representation or covenant set forth in this Section shall constitute an Event of Default, entitling Tenant to any and all remedies hereunder, or at law or in equity. 24. TENANT S RIGHTS: Tenant agrees to never claim any interest or estate of any kind or extent whatsoever to or in the Leasehold Property by virtue of this Lease or the occupancy or use hereunder, except as specifically provided in this Lease. Tenant s use of the Leasehold Property shall always be subordinate to Landlord s rights to and in the Property. Landlord hereby reserves the right to enter upon the Leasehold Property at any time and for any purposes and Tenant shall notify its employees, agents, contractors, subcontractors, Tenants and invitees accordingly. Landlord, its employees and contractors are not and shall not be responsible or liable for any injury, damage or loss to Tenant resulting from Landlord s use of the Leasehold Property, unless caused by Landlord s negligence or misconduct, in which Landlord s liability shall be limited in accordance with the limits set forth in Fla. Stats PROHIBITION AGAINST CONTINGENCY FEES: Tenant warrants that it has no employees or retained any Tenant or person, other than a bona fide employee working solely for Tenant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), Tenant, corporation, individual or firm, other than a bona fide employee working solely for Tenant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Lease. 26. CONFLICT OF INTEREST: Tenant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section , as amended, which is Page 16 of final revision 8/28/2017

36 36 of 174 incorporated by reference herein as if fully set forth herein, in connection with this Lease conditions hereunder. 27. DISPUTES: In the event of any dispute arising out of this Lease, the Parties hereby agree that, prior to the institution of any legal proceedings in any court, that such dispute be first submitted to mediation in Miami-Dade County utilizing the services of a mediator, with mutual selection and with shared expenses as to the reasonable fees for any arbitrator. The mediation conference in such event shall occur within forty-five (45) days of the date in which a party notifies another party of his/her/its desire to mediate any matter or issue. The Parties agree to participate in such mediation in good faith; however, in the event that resolution of such dispute is not reached within forty-five (45) days of the mediation or the Parties thereto do not otherwise agree to a continuance or an adjournment of such mediation proceedings, then any party to such dispute shall thereafter be free to seek appropriate legal or equitable remedies. In the event that legal proceedings are instituted to enforce or to interpret the terms of this Lease the parties hereby irrevocably waive their right to a trial by jury as to such issues. This jury trial waiver shall in all respects survive the termination of this Agreement. Nothing set forth in this paragraph shall prevent either party from seeking immediate injunctive relief in a court of competent jurisdiction. 28. PREVAILING PARTY IN LITIGATION ENTITLED TO ATTORNEYS' FEES: Should any dispute arise hereunder, the Landlord shall be entitled to recover against the Tenant all costs, expenses, paralegal fees and attorney s fees incurred by the Landlord in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney s fees through all appeals or other actions. 29. COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS: To the extent required by law, Tenant shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Tenant agrees to comply with Section , Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section , Florida Statutes, as amended. The Landlord shall make the sole determination of which records, if any, are exempt from inspection. To the extent required by law, Tenant shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Tenant agrees to comply with Section , Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section , Florida Statutes, as amended. The Landlord shall make the sole determination of which records, if any, are exempt from inspection. Further, as pursuant to Section , Florida Statutes, Tenant agrees to maintain the records until the completion of the contract. IF THE TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TENANT S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT Northwest 27th Avenue, Miami Gardens, Florida Page 17 of final revision 8/28/2017

37 37 of BINDING EFFECT: All of the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. 31. CONSTRUCTION: This Lease and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions shall lie in a court of competent jurisdiction in Miami-Dade County, Florida. 32. CAPTIONS AND PARAGRAPH HEADINGS: Captions and paragraph headings contained in this Lease are for convenience and reference only and in no way define, describe, extend r limit the scope and intent of this Agreement, nor the intent of any provisions hereof. 33. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 34. TIME OF ESSENCE: Time is of the essence of Landlord's and Tenant's obligations under this Lease. 35. REAL ESTATE BROKER: Landlord represents and warrants that Landlord has not signed a listing agreement, dealt with or otherwise agreed to pay a broker's commission, finder's fee or other like compensation to anyone in connection with this Lease of the Leasehold Property or the transaction contemplated by this Lease. 36. WAIVER OF PERFORMANCE AND DISPUTES: One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of a subsequent breach of the same or any other covenant, term or condition, nor shall any delay or omission by either party to seek a remedy for any breach of this Lease or to exercise a right accruing to such party by reason of such breach be deemed a waiver by such party of its remedies or rights with respect to such breach. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any similar act. 37. AMENDMENTS TO LEASE: The terms, covenants and conditions hereof may not be changed orally, but only by an instrument in writing signed by the party against whom enforcement of the amendment, change or discharge is sought, or by such party s agent. Any amendments to this Lease are subject to written approval by the City Manager or his/her designee and the City Council. 38. RULES OF CONSTRUCTION: The following rules of construction shall be applicable for all purposes of this Lease, unless the context otherwise requires: (a) The terms hereby, hereof, hereto, herein, hereunder and any similar terms shall refer to this Lease, and the term hereafter shall mean after, and the term heretofore shall mean before, the date of this Lease. Page 18 of final revision 8/28/2017

38 38 of 174 (b) Words of the masculine, feminine or neuter gender shall mean and include the correlative words of the other genders and words importing the singular number shall mean and include the plural number and vice versa. (c) The terms include, including and similar terms shall be construed as if followed by the phrase without being limited to. 39. INTERPRETATION; JOINT PREPARATION: It is hereby mutually acknowledged and agreed that the provisions of this Lease have been fully negotiated between Parties of comparable bargaining power with the assistance of counsel and shall be applied according to the normal meaning and tenor thereof without regard to the general rule that contractual provisions are to be construed narrowly against the party that drafted the same or any similar rule of construction. The preparation of this Lease and its counsel have reviewed and had the option to revise this Lease. The normal rule has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction to the effect that any ambiguities are to, be resolved or construed more severely against the drafting party will not be employed in the interpretation of this one of the parties than the other. It is the parties further intention that this Lease be construed liberally to achieve its intent. 40. SEVERABILITY: If any provisions of this Lease are determined to be invalid by a court of competent jurisdiction, the balance of this Lease shall remain in full force and effect, and such invalid provision shall be construed or reformed by such court in order to give the maximum permissible effect to the intention of the Parties as expressed therein. 41. FURTHER ASSURANCES: Each of the Parties hereto shall execute and provide all additional documents and other assurances that are reasonably necessary to carry out and give effect to the intent of the Parties reflected in this Lease. 42. AUTHORITY: The persons executing this Lease on behalf of Tenant and Landlord covenant and warrant to the other party that (a) they are duly authorized to execute this Lease on behalf of the party for whom they are acting, and (b) the execution of this Lease has been duly authorized by the party for whom they are acting. 43. NON-DISCRIMINATION: Tenant covenants for itself, its heirs, executors, administrators and assigns and all persons claiming under or through them and this Lease, that there shall be no discrimination against or segregation of any person or group of persons on account of age, race, color, religion, creed, sex, gender identity, gender expression, sexual orientation, marital status, ancestry, national origin, AIDS or AIDS-related complex, or disability in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property nor shall Tenant or any person claiming under or through Tenant establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Tenant, lessees, subtenants, sublessees, or vendees at the Leasehold Property. Tenant shall ensure that language substantially similar to the above is incorporated into any leases, subleases or assignments. The parties acknowledge that with respect to discrimination Page 19 of final revision 8/28/2017

39 39 of 174 based upon age the terms of the Fair Housing Act will control regarding the 55 and older housing component. 44. COUNTERPARTS: This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 45. DATE OF LEASE: The Parties acknowledge that certain obligations of Landlord and Tenant are to be performed within certain specified periods of time, which are determined by reference to the date of execution of this Lease. The Parties, therefore, agree that wherever the term "date of execution of this Lease," or words of similar import are used herein, they will mean the date upon which this Lease has been duly executed by Landlord and Tenant whichever is the later to so execute this Lease. The Parties further agree to specify the date on which they execute this Lease beneath their respective signatures in the space provided and warrant and represent to the other that such a date is in fact the date on which each duly executed his name. 46. ENTIRE AGREEMENT: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Lease, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Lease contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Lease is executed. [SIGNATURES TO FOLLOW] Page 20 of final revision 8/28/2017

40 40 of 174 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the last day and year specified below. CITY OF MIAMI GARDENS LLC NEW URBAN DEVELOPMENT By: By: CAMERON BENSON, CITY MANAGER i CHIEF EXECUTIVE OFFICER Date: Date: ATTESTED BY: RONETTA TAYLOR CITY CLERK CORPORATE SEAL APPROVED AS TO FORM: SONJA DICKENS CITY ATTORNEY Page 21 of final revision 8/28/2017

41 41 of 174 EXHIBIT A SKETCH OF PROPERTY (Sketch/Survey of the Property within the Property) Page 22 of final revision 8/28/2017

42 42 of 174 EXHIBIT B SURVEY WITH LEGAL DESCRIPTION OF LEASEHOLD ESTATE Page 23 of final revision 8/28/2017

43 43 of 174 Page 24 of final revision 8/28/2017

44 44 of 174 Page 25 of final revision 8/28/2017

45 45 of 174 EXHIBIT C RELEASE AND TERMINATION AGREEMENT THIS AGREEMENT is made as of the day of, 20, by and between the City of Miami Gardens, a municipal corporation having an office at NW 27 th Avenue, Miami Gardens, Florida 33056, (hereinafter City or Landlord and New Urban Development LLC or its assignee, having an office at 8500 NW 25 th Avenue, Miami, FL (hereinafter Tenant ). W I T N E S S E T H: WHEREAS, Landlord and Tenant entered into a Lease Agreement, as of the day of, 20, having an Effective Date of 20, and WHEREAS, pursuant to Paragraph, of the Lease Agreement the same is deemed terminated. FOR AND IN CONSIDERATION AND IN HONOR OF THE FULFILLMENT OF ITS OBLIGATIONS under the Lease Agreement, the Tenant agrees as follows: 1. INCORPORATION OF REPRESENTATIONS: The foregoing representations made in the preamble WHEREAS paragraphs hereto are hereby deemed true and correct and the same are hereby incorporated herein, as if set forth verbatim. 2. RELEASE AND TERMINATION: Effective with the execution and delivery hereof, Tenant for itself and on behalf of its respective affiliates, officers, members, stockholders, employees, advisors, heirs, representatives and each of their respective successors and assigns, hereby remises, releases, acquits, satisfies and forever discharges any interest which it had, has or may have in the Property described upon Exhibit B of the Lease Agreement and in the Lease itself and, without limiting the generality of the foregoing, hereby releases any and all claims, rights and causes of action, of any type or kind whatsoever, which were or could have been raised in connection with the Lease Agreement. 3. AUTHORITY: Each person signing this Lease Agreement on behalf of New Urban Development LLC represents and warrants that he or she has full power and authority to enter into this Release and Termination Agreement to fully, completely and finally discharge any interest said New Urban Development LLC may have had in such Lease Agreement. 4. CONSTRUCTION: This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida, and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. 5. THIS RELEASE AND TERMINATION AGREEMENT, This Agreement may be executed in several counterparts; however, each of said counterparts shall be Page 26 of final revision 8/28/2017

46 46 of 174 deemed an original, and said counterparts shall constitute but one in the same instrument which may be sufficiently evidenced by one counterpart. Facsimile and PDF signatures are acceptable and deemed admissible as evidence, notwithstanding any authentication requirements of the applicable rules of evidence. While this Release and Termination Agreement may be executed on various dates and in different locations, the effective date of this instrument is set forth above. IN WITNESS WHEREOF, the parties have made this Agreement on the date first above written. NEW URBAN DEVELOPMENT LLC By: CHIEF EXECUTIVE OFFICER i Date: CORPORATE SEAL Page 27 of final revision 8/28/2017

47 47 of 174 EXHIBIT D MAINTENANCE STANDARDS Building Maintenance A. General 1. The Developer shall be responsible to furnish all labor, equipment, and supplies to perform building maintenance on all facilities on the property. 2. All residential building(s) shall be maintained to include but not limited to structural, mechanical, plumbing and electrical. B. Structure 1. All structures on the property shall be maintained structurally safe and sound and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions. 2. The supporting structural members in every dwelling shall be maintained structurally sound, showing no evidence of deterioration or decay which would substantially impair their ability to carry imposed loads. C. Roof 1. The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building and shall channel rainwater in an approved manner to an approved point of disposal. D. Exterior Walls and Exposed Surfaces 1. Every exterior wall and weather-exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building. 2. All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay. 3. Exterior metal surfaces shall be protected from rust and corrosion. 4. Every section of exterior brick, stone, masonry, or other veneer shall be maintained structurally sound and be adequately supported and tied back to its supporting structure. E. Stairs, Balconies, and Porches 1. Every stair, porch, and attachment to stairs or porches and balconies shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including Page 28 of final revision 8/28/2017

48 48 of 174 replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose. F. Handrails and Guardrails - Every handrail and guardrail shall be firmly fastened, and shall be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements: 1. Handrails and guardrails required by building codes at the time of construction shall be maintained or, if removed, shall be replaced. G. Windows 1. Every window required for ventilation or emergency escape shall be capable of being easily opened and held open by window hardware. Any installed storm windows on windows required for emergency escape must be easily openable from the inside. 2. Every window shall be substantially weather-tight, shall be kept in sound condition and repair for its intended use, and shall comply with the following: a. Every window sash shall be fully supplied with glass windowpanes or an approved substitute without open cracks and holes. b. Every window sash shall be in good condition and fit weather-tight within its frames. c. Every window frame shall be maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling. H. Doors 1. Every exterior door shall comply with the following: a. Every exterior door, door hinge, door lock, and strike plate shall be maintained in good condition. b. Every exterior door, when closed, shall fit reasonably well within its frame and be weather-tight. c. Every doorframe shall be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling. d. Every interior door and doorframe shall be maintained in a sound condition for its intended purpose with the door fitting within the doorframe. I. Interior Walls, Floors, and Ceilings 1. Every interior wall, floor, ceiling, and cabinet shall be maintained in a clean, sanitary, safe, and structurally sound condition, free of large holes and serious cracks, loose plaster or wallpaper, flaking or scaling paint. J. Interior Dampness Page 29 of final revision 8/28/2017

49 49 of Every dwelling, including basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay, mold growth, or deterioration of the structure. K. Insect and Rodent 1. Every dwelling shall be kept free from insect and rodent infestation, and where insects and rodents are found, they shall be promptly exterminated. After extermination, proper precautions shall be taken to prevent re-infestation. L. Cleanliness and Sanitation 1. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. All household garbage shall be stored in receptacles which are free from holes and covered with tight fitting lids. 2. The developer shall provide for each dwelling unit, or subscribe for service of collection of garbage and rubbish. Receptacles must be of sufficient capacity to prevent the overflow of garbage and rubbish to include recycling service. M. Plumbing 1. All required sinks, lavatory basins, bathtubs and showers shall be supplied with both hot and cold running water. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities shall be capable of heating water enough to permit an adequate amount of water to be drawn at every required. 2. In every dwelling all plumbing or plumbing fixtures shall be: a. Properly maintained in good working order; b. Kept free from obstructions, leaks, and defects; c. Capable of performing the function for which they are designed; and d. Installed and maintained so as to prevent structural deterioration or health hazards. N. Heating Equipment 1. All heating equipment, including that used for cooking, water heating, dwelling heat, and clothes drying shall be: A. Properly maintained in safe condition and good working order; B. Free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards; and C. Capable of performing the function for which they are designed. D. Portable heating devices may not be used to meet the dwelling heat requirements. O. Electrical System, Outlets, and Lighting 1. All buildings used for residential purposes shall be connected to an approved source of electric power. Every electric outlet and fixture shall be maintained and safely connected to an approved electrical system. The electrical system shall not Page 30 of final revision 8/28/2017

50 50 of 174 constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper wiring or installation, deterioration or damage, lack of access to a dwelling unit s breaker or disconnect switch or similar reasons. 2. Every public hallway, corridor, and stairway in the building(s) shall be adequately lighted at all times at principal points such as angles and intersections of corridors and passageways, stairways, landings of stairways, landings of stairs and exit doorways. 3. All electrical repairs and installations shall be made in accordance with all Electrical Regulations. P. Emergency Exits 1. Required exit doors and other exits shall be free of encumbrances or obstructions that block access to the exit. 2. All doorways, windows and any device used in connection with the means of escape shall be maintained in good working order and repair. 3. In addition to other exit requirements, in hotels and apartment houses: 4. Where doors to stair enclosures are required by City code to be self-closing, the self-closing device shall be maintained in good working order and it shall be unlawful to wedge or prop the doors open. 5. Every dwelling shall have directional signs in place, visible throughout common passageways that indicate the way to exit doors and fire escapes. Emergency exit doors and windows shall be clearly labeled for their intended use. Q. Fire Alarms and Smoke Detectors 1. Smoke detectors sensing visible or invisible particles of combustions or alarms shall be required in all buildings where a room or area therein is designated for sleeping purposes either as a primary use or use on a casual basis. Smoke detectors or alarms shall be installed in each sleeping room or area, in the immediate vicinity of the sleeping rooms and on each additional story of the dwelling. All detectors or alarms shall be approved, shall be installed in accordance with the manufacturer s instructions, shall plainly identify the testing agency that inspected or approved the device, and shall be operable. R. Hazardous Materials 1. When paint is applied to any surface of a residential structure, it shall be lead-free. 2. The dwellings shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe. Where a governmental agency authorized by law to make the determination has verified that a property is unfit for use due to hazardous conditions on the property, the property shall be in violation of this agreement. Any such property shall remain in violation of this agreement until such time as the agency has approved the abatement of the hazardous conditions. Page 31 of final revision 8/28/2017

51 51 of No dwelling or storage rooms shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No dwellings shall be used for the storage of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling. 4. All dwellings shall be kept free of friable asbestos. Grounds Maintenance A. The Tenant shall be responsible for maintaining the entire site and perform the maintenance, furnish all labor, equipment, and supplies for the mowing, trimming, cleanup, and plant bed maintenance services for the entire City properties(include but not limited to existing/future facilities, site amenities, concrete and/or asphalt surfaces, sidewalks, curbs and gutters, driveways, walls, fences, maintenance easements, and right of way adjacent to the property. S. The Tenant must provide responsible and qualified personnel. T. This work includes any and all maintenance and care. The Tenant shall accomplish all lawn maintenance required under the contract. All work shall be completed in a continuous manner, whereby the mowing, edging, trimming, etc., be completed before leaving the job site. B. The Tenant must notify the City representative of their work schedule, to allow for inspection of maintenance work as needed. C. Prior to any mowing, remove litter from all the property. At no time shall any litter be mowed over. D. FINE CUT MOWING All lawn areas shall be mowed every two week throughout the growing season, unless otherwise directed by the City representative. Areas to be mowed will be maintained at a height of three (3 ). Grass will be cut as needed or when it is one inch (1 ) higher than the specified height. Grass next to light poles, trees, any permanent objects etc., shall be mechanically trimmed to the same height as specified above at the time of each mowing. All grass clippings and debris, shall be removed from the sidewalks, parking lots, and streets etc. at the time cutting takes place. 1. Lawn mower blades shall be clean and kept sharp and well-adjusted to provide a clean cut. Cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed regularly to avoid rutting. Use small mowers for difficult or tight areas where larger commercial mowing units cannot maneuver. Mowing shall be done optimally when the grass is dry, however, mowing wet turf is acceptable. Bagging is not required, and grass clippings may be left on the grass providing no readily visible clumps remain on the grass surface after mowing. If clippings are excessive or diseased, they shall be removed after mowing to enhance overall turf appearance and to prevent matting, clumping and thatch buildup. In the case of fungal disease Page 32 of final revision 8/28/2017

52 52 of 174 outbreaks, clippings will be collected and disposed off-site until the disease is controlled. 2. The final appearance after mowing shall present a neat appearance. Care shall be taken with mowing equipment to avoid obstructions and damages to trees, shrubs, utility boxes, signage, buildings, sprinkler heads, etc., and the Tenant shall be responsible for damage caused by its operations. 3. The Tenant shall be responsible for damage to any plant material or site features caused by the Tenant/contractor or his/her employees. The Tenant will be notified in writing of the specific nature of the damage and cost of repair. 4. The Tenant shall inspect sites on a weekly basis. E. MULCHING- All mulch spread is not to exceed two to three inches (2-3 ). Brown, shredded hardwood mulch will be applied prior to the Thanksgiving for the Holidays. Mulch shall be applied to all perennial, shrub and tree beds. F. WEEDING- All landscaped areas will be inspected and maintained weekly and be kept weed free throughout the year. G. LANDSCAPE MAINTENANCE - Weekly visits to each area subject to conditions; a spring clean-up in March or early April and a complete mulching of all beds by May Landscape beds shall be kept free of weeds for the duration of this contract. Any weeds found within the bed shall be removed. Poison ivy shall be sprayed and removed. 2. All plants in the landscape beds shall be pruned in accordance with ANSIZ133.1 standards. Pruning shall be completed in the spring and fall. 3. Remove dead plant material. Notify the City of the date, type of plant, and location of removal within five (5) working days of removal. 4. Remove all trash and weeds from beds. 5. Rake leaves from all landscaped as needed. 6. Using an edger, edge all lawn areas, plant beds, tree rings, and where lawn abuts hard surfaces such as concrete, pavers, and cobble edges and gravel paths. Lawn edging shall be done at mowing time. 7. Monitor plants for disease and pest activity and treat as needed by a Licensed/certified applicator. H. RIGHT-OF-WAY CUTTING - all ROW areas shall be mowed per City Ordinance (adjacent ROW shall be maintained). All debris and litter shall be removed prior to cutting. I. EQUIPMENT All equipment and vehicles used by the Contractor shall be maintained and in good working mechanical condition. J. SAFETY REQUIREMENTS 1. The Tenant will be responsible for high visibility vests for employees when working within 25 feet (25 ) of roadways. Safety cones shall be used around equipment and roadway. Comply with all OSHA, local, State and Federal Requirements for all safety. 2. The Tenant shall take all due precautions to avoid damaging the sprinkler heads, quick couplers and drip irrigation hoses. Any damage to the infrastructure by the Tenant during the terms of this contract shall be repaired at the sole expense of the contractor within three(3) days of the damage. Page 33 of final revision 8/28/2017

53 53 of 174 `` 3. Work in the right-of-way shall be conducted in accordance with the Florida Manual of Uniform Code and follow the Maintenance of Traffic (MOT). K. CLEAN-UP OPERATIONS 1. Blow debris and clean off walkways, steps, and other hardscapes. Do not blow debris into any stormwater drainage facility. 2. Haul and dispose of all materials in accordance with State and local ordinances. L. MONTHLY REPORTS - Submit monthly written reports outlining services performed, problems encountered, and any plant health concerns that were treated. The Tenant will be required to submit the monthly report by the 15th of the month. The contractor shall provide the Owner with one contact person to whom all concerns can be address. If, in the opinion of the Public Works Department, the Tenant has not or is not satisfactorily performing the work covered by this specification, and within forty eight (48) hours of receipt of a written demand from the City of Miami Gardens, for performance, has not cured any defect in performance specifically itemized in such demand, the City of Miami Gardens may, at its option: 1. May hire another contractor to cure any defects in performance or complete all work covered by this specification and back-charge the Tenant. 2. Any demand for performance shall be specifically delivered to Tenant by personal delivery or certified or registered mail. 3. The City of Miami Gardens will make periodic inspections and follow up as needed with the Tenant to discuss any issues, etc. Page 34 of final revision 8/28/2017

54 54 of 174 EXHIBIT E INSURANCE REQUIREMENTS - All insurance requirements must be met and evidenced to the Landlord before delivery of goods and performance of services. The Landlord reserves the right but not the obligation to revise any insurance requirement, or reject any insurance coverage, which fail to meet the criteria stated herein at any time. The Landlord reserves the right to require Contractor to provide and pay for any other insurance coverage the Landlord deems necessary, depending upon the possible exposure to liability or loss. These insurance requirements shall not limit the liability of the Contractor/Vendor. The Landlord does not represent these types or amounts of insurance to be sufficient or adequate to protect the Contractor/Vendor s interests or liabilities, but are merely minimums. 6. Workers Compensation: Coverage is to apply for all persons fulfilling this contract for statutory limits in compliance with the law of the State of Florida and any applicable federal laws. The policy must include Employer Liability with a limit of $1,000,000 each accident, $1,000,000 each employee, $1,000,000 policy limit for disease. The Landlord will not accept certificates of exemption. Confirmation that Workers Compensation is provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted is required. 7. Commercial General Liability: Occurrence Form Required: Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $5,000,000 each occurrence. If CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $5,000,000 (Per Project Aggregate). Products and completed operations aggregate shall be $5,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for Property, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. 8. Commercial Automobile Liability: Contractor shall maintain automobile liability insurance with a limit of not less than $3,000,000 each occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy shall provide contractual liability coverage. 9. Professional Liability/Malpractice/Errors or Omissions: Leased design-build professional work such as that provided by architects, engineers, etc. shall maintain Page 35 of final revision 8/28/2017

55 55 of 174 professional liability or malpractice or errors or omissions insurance with limits of $5,000,000 per occurrence. 10. If claims-made the retro date shall be prior or equal to the effective date of any contract with the Landlord. The coverage shall be renewed or include a tail or Discovery, or continuous renewal of coverage for a period of 3 years following the completion of the project. 11. Umbrella or Excess Liability insurance can be utilized to provide the required limits. Coverage shall be following form and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and Landlord as Additional Insured status. 12. Builder s Risk: Builder s Risk Insurance is to be purchased to cover subject property under construction for special perils (all risks or equivalent) of loss (including wind, theft and sinkhole), subject to a waiver of coinsurance, and covering on-site and offsite storage, transit and installation risks, if such coverages are not separately provided. Flood: If property being constructed is located in a Special Flood Hazard Area (SFHA) or flood risk exists, flood insurance must be provided to be provided. Deductible: the contractor is responsible for any applicable deductibles. Insured Parties: The Builder s Risk insurance is to be endorsed to cover the interest of all parties, including the Landlord and all contractors and subcontractors. In addition, provide the following coverages: a. Waiver of Occupancy Endorsement coverage should be continued if the Landlord to occupies the facility under construction during such activity. b. Machinery / Equipment Endorsement when the Contract calls for the installation of machinery or equipment, coverage must be provided during transit, installation, and testing. Page 36 of final revision 8/28/2017

56 56 of NW 27 Ave Miami Gardens, Florida City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 27, 2017 Item Type: Fiscal Impact: (Enter X in box) Yes No Funding Source: X (Enter X in box) Ordinance Reading: (Enter X in box) Public Hearing: (Enter X in box) Advertising Requirement: (Enter X in box) Resolution Ordinance Other X 1 st Reading 2 nd Reading X Yes No Yes No X Yes X No Contract/P.O. Required: (Enter X in box) Strategic Plan Related (Enter X in box) Sponsor Name Yes No RFP/RFQ/Bid #: Yes No Strategic Plan Priority Area: Cameron Benson, City Manager Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Department: City Manager Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Finance Short Title: AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY S BUDGET FOR THE FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENT; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In September 2016, the City issued an additional $6 million financing for the completion of the City Hall and Police Headquarter building. In November 2016, the City received the settlement from URS in the amount of $3.5 million. Also, the installation of the Photovoltaic panels is close to completion and staff is not expecting to have any additional cost to the project. When the schedule debt payment for the $6 million in July 2017, the City has made an additional principal of $3 million, therefore, this will reduce the future debt service of this issuance. AGENDA ITEM I-2 FY BUDGET AMENDMENT

57 57 of NW 27 Ave Miami Gardens, Florida Staff has to perform a transfer from the Capital Projects Fund where the settlement was recorded in the amount of $2,700,000 and $300,000 from the Special Revenue Fund (Police Impact fees) to the Debt Service Fund for this additional principal payment. A Budget Amendment Ordinance is required to perform such action. Proposed Action: Staff recommends Council to adopt the Budget Ordinance Budget Ordinance Attachment:

58 58 of ORDINANCE NO AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY S BUDGET FOR THE FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENT; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 4.5 of the City of Miami Gardens Charter, the City Council adopted a Budget for Fiscal Year , and WHEREAS, it is appropriate to provide for certain transfers, appropriations and authorizations based upon previous and anticipated expenditures and revenues, WHEREAS, the City Council has determined that it is necessary to amend the budget to reflect these changes, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. AMENDMENT TO BUDGET: The following amounts are hereby appropriated from fund balance of the Capital Projects Fund and Special Revenue Fund (Police Impact Fees). Transfers in and out of the appropriate funds will be required, said monies appropriated will be part of the adopted annual operating budget for the fiscal year beginning October 1, 2016, and ending September 30, 2017: Revised FY Budget Ordinance Page 1 of 3

59 59 of Purpose Amount Account No. Descriptoin Fund Add'll Principal Payment to Series 2016 Issuance $2,700, Re-appropriated Fund Balance Capital Projects Fund Transfer to Debt Service Fund $2,700, Trans to Debt Service Fund Capital Projects Fund Add'll Principal Payment to Series 2016 Issuance $300, Re-appropriated Fund Balance Special Revenue Fund Transfer to Debt Service Fund $300, Trans to Debt Service Fund Special Revenue Fund Transfer in from other funds $2,700, Transfer in from Capitla Projects Fund Debt Service Fund Transfer in from other funds $300, Transfer in From Special Revenue Fund Debt Service Fund Add'll Principal Payment to Series 2016 Issuance $3,000, Principal Payment - $6.0 M loan Debt Service Fund 2 3 SECTION 3. INSTRUCTIONS TO THE CITY MANAGER: The City Manager shall take all actions necessary to implement the terms and conditions of this ordinance. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage. PASSED on first reading this 12th day of September, 2017 PASSED AND ADOPTED on second reading this day of, Oliver Gilbert III, MAYOR ATTEST: Revised FY Budget Ordinance Page 2 of 3

60 60 of RONETTA TAYLOR, CMC, CITY CLERK Reviewed by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Cameron D. Benson, City Manager MOVED BY: SECONDED BY:: VOTE: Mayor Oliver Gilbert III (Yes) (No) Vice Mayor Erhabor Ighodaro (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilwoman Lillie Odom (Yes) (No) Councilwoman Lisa Davis (Yes) (No) Councilman David Williams Jr. (Yes) (No) Councilman Rodney Harris (Yes) (No) Revised FY Budget Ordinance Page 3 of 3

61 61 of NW 27 th Avenue Miami Gardens, Florida City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 27, 2017 Item Type: Fiscal Impact: (Enter X in box) Yes No X Funding Source: Contract/P.O. Required: (Enter X in box) Special Events Account , in the amount of $3, (Enter X in box) Ordinance Reading: (Enter X in box) Public Hearing: (Enter X in box) Advertising Requirement: (Enter X in box) Yes No RFP/RFQ/Bid #: X Resolution Ordinance Other x 1 st Reading 2 nd Reading Yes No Yes No X Yes N/A No X Strategic Plan Related (Enter X in box) Sponsor Name Yes No X Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Lillie Q. Odom Department: Council Member Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Mayor/City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE FOURTH ANNUAL NATIONAL HIV/AIDS AWARENESS AND AGING DAY EVENT, WHICH WILL BE HOSTED BY COUNCILWOMAN LILLIE Q. ODOM, GOD S AMAZING GRACE OUTREACH MINISTRIES AND OTHER COMMUNITY PARTNERS ON SEPTEMBER 28, 2017; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT OF THREE THOUSAND DOLLARS ($3,000.00) FROM THE CITY COUNCIL SPECIAL EVENTS ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The HIV/AIDS epidemic continues to prey upon millions of adults and children globally. It is estimated that 36.7 million people are living with HIV/AIDS and more than 35 million have died from the virus. In 2016, it was reported that Florida leads in new cases. ITEM K-1 SUPPORTING ANNUAL HIV/AIDS AWARENESS EVENT

62 62 of NW 27 th Avenue Miami Gardens, Florida The Fourth Annual HIV/AIDS and Awareness and Aging event in the City of Miami Gardens will focus on prevention, education on testing, care and treatment. It will take place on Thursday, September 28, 2017 at the Betty T. Ferguson Center Auditorium, 3000 NW 199 th Street, Miami Gardens, Fl 33056, 10:00 A.M. to 2:00 P.M. Funds for this event will be allocated from Special Events Account No Fiscal Impact After the above allocation, Councilwoman Odom will have an available of $1, for special events in FY Proposed Action: That the City Council approves the attached Resolution. Attachment:

63 63 of RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE FOURTH ANNUAL NATIONAL HIV/AIDS AWARENESS AND AGING DAY EVENT, WHICH WILL BE HOSTED BY COUNCILWOMAN LILLIE Q. ODOM, GOD S AMAZING GRACE OUTREACH MINISTRIES AND OTHER COMMUNITY PARTNERS ON SEPTEMBER 28, 2017; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT OF THREE THOUSAND DOLLARS ($3,000.00) FROM THE CITY COUNCIL SPECIAL EVENTS ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the HIV/AIDS epidemic continues to prey upon millions of adults and children globally, and WHEREAS, it is estimated that 36.7 million people are living with HIV/AIDS and more than 35 million have died from the virus, and WHEREAS, in 2016, it was reported that Florida leads in new cases, and WHEREAS, the Fourth Annual HIV/AIDS and Awareness and Aging event in the City of Miami Gardens will focus on prevention, education on testing, care and treatment, and WHEREAS, the event will take place on Thursday, September 28, 2017 at the Betty T. Ferguson Center Auditorium, 3000 NW 199 th Street, Miami Gardens, FL 33056, 10:00 A.M. to 2:00 P.M., and WHEREAS, funds for this event will be allocated from Special Events Account No , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.

64 64 of Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the allocation of Three Thousand Dollars ($3,000.00) from the City Council Special Events Accounts. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON, OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILWOMAN LILLIE Q. ODOM Moved by: VOTE: Mayor Oliver Gilbert, III (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr (Yes) (No) 69 2

65 65 of 174

66 66 of NW 27 Avenue Miami Gardens, Florida City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 27, 2017 Fiscal Impact: (Enter X in box) Yes No X Item Type: Resolution Ordinance Other (Enter X in box) X Ordinance Reading: 1 st Reading 2 nd Reading (Enter X in box) Public Hearing: Yes No Yes No (Enter X in box) X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No N/A X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X N/A Strategic Plan Related: Yes No Strategic Plan Priority Strategic Plan Obj./Strategy: X Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Sponsor Name: Cameron Benson, City Manager Department: Planning & Zoning Services Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES USED AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT C ; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: AGENDA ITEM O-1 SPECIAL EXCEPTION SUBMITTED BY REAL ESTATE HOLDINGS, INC.

67 67 of NW 27 Avenue Miami Gardens, Florida Background The subject property is zoned PCD, Planned Corridor Development and has been designated as Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land use designation and the PCD, Planned Corridor Development zoning district. Current Situation The site is approximately 5.0 acres and is currently used as a surface parking lot. The applicant, Real Estate Holdings, INC, has proposed to redevelop the parking area and construct an AutoNation dealership for the sale of pre-owned automobiles. Pursuant to Section , Use Regulations, Generally of the City of Miami Gardens Land Development Regulations (LDRs), the sale of used automobiles in the PCD, Planned Corridor Development zoning district is only permitted by Special Exception approval. Therefore, the applicant is seeking Special Exception approval pursuant to Section 34-48, Granting of Special Exception Uses, of the LDRs to allow the sale of used automobiles in the PCD zoning district. ZONING DISTRICT/USE Vehicle Sales Used Automobiles PCD, Planned Corridor Development District SE Special Exception Analysis The proposed special exception use request to permit vehicle sales used automobiles facility was analyzed for the criteria set forth in Section 34-48, Granting of Special Exception Uses: 1. The proposed use is consistent with the Goals, Objectives and Policies of the Commerce designation of the City s Comprehensive Development Master Plan as referenced above. 2. The proposed use is commercial in nature and is in character with the bulk, scale and design of the commercial character of the neighborhood. The use is considered to be in harmony with the surrounding commercial and offices uses and will have adequate parking and access to the site via the Palmetto Expressway and NW 12th Avenue. 3. The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use is not considered to be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will not cause objectionable noise, vibrations, fumes, odors and dust. Any vehicle maintenance or service will take place in designated bay areas.

68 68 of NW 27 Avenue Miami Gardens, Florida The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the site. The proposed use will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; there is adequate roadway access already in existence and sidewalks are available for pedestrians along both 12th Avenue and the Palmetto Expressway frontage. 5. The proposed use will be connected to water and sewer service and will have adequate on-site stormwater management as required by Public Works. There is no residential component proposed that would impact schools. There are no new roadways required to be constructed to access the site. As such, the proposed use will not overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, storm water drainage, and other public improvements and services; 6. The proposed use will be required to operate as defined in the City s Land Development Regulations; if a Special Exception is granted the proposed development plans will be required to meet the City of Miami Gardens development standards. 7. The proposed use will be in compliance with the City s Land Development Regulations and the requirements for business licensing and operations. A declaration of restrictions is required in order protect adjacent properties and preserve the existing neighborhood character. Conclusion The City s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff s analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations. Proposed Action: Staff recommends adoption of the Resolution to approve the request for Special Exception Use to permit Vehicle Sales Used Automobiles, located at 1313 NW 167 th Street, Miami Gardens, Florida, within the PCD- Planned Corridor Development zoning district, subject to the conditions listed in the Declaration of Restrictions attached as Exhibit C. Attachments: Attachments: Exhibit A Survey & Legal Description Exhibit B Staff Recommendation Exhibit C Declaration of Restrictions Exhibit D Proposed Site Layout

69 69 of RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES USED AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT C ; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, Real Estate Holdings, Inc., is the owner of the property located at 1313 Northwest 167 th Street, more particularly described on Exhibit A attached hereto, and WHEREAS, the Applicant is seeking special exception approval in accordance with Section of the City s Land Development Code, to construct an AutoNation dealership for the sale of pre-owned automobiles within the Planned Corridor Development District (PCD), and WHEREAS, the City Council has considered the testimony of the Applicant, if any, and WHEREAS, the City s Planning and Zoning staff has reviewed the Application, and the Staff Report attached hereto on Exhibit B, subject to the conditions listed in the Declaration of Restrictions attached here to as Exhibit C, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.

70 70 of Section 2: APPROVAL: The City Council of the City of Miami Gardens hereby approves the application submitted by Real Estate Holdings, Inc., for the property located at 1313 Northwest 167 th Street, more particularly described on Exhibit A attached hereto, for a special exception to construct an AutoNation dealership for the sale of pre-owned automobiles within the Planned Corridor Development District (PCD), subject to the conditions listed in the Declaration of Restrictions attached here to as Exhibit C. 8 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON APRIL 26, OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Seconded by: VOTE: Mayor Oliver Gilbert, III (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr (Yes) (No)

71 1 71 of 174

72 Special Exception for AutoNation PZ of 174 EXHIBIT A Survey and Legal Description

73 P _AutoNation_-_Miami_Gardens_ALTA_v1-P 73 of 174

74 P _AutoNation_-_Miami_Gardens_ALTA_v1-P 74 of 174

75 AutoNation Special Exception PZ of 174 EXHIBIT B -STAFF RECOMMENDATION

76 AutoNation Special Exception PZ of 174 STAFF RECOMMENDATION PZ APPLICATION INFORMATION Applicant: Property Location: Property Size: Future Land Use: Existing Zoning: Requested Action: Real Estate Holdings, INC 1313 NW 167th Street 217,800 sq. ft. (5 Acres) / Building 30,625 sq. ft. Commerce PCD- Planned Corridor Development Special Exception Use to Permit Vehicle Sales Used Automobiles RECOMMENDATION: Staff recommends adoption of the Resolution to approve the request for Special Exception Use to permit Vehicle Sales - Used Automobiles, located at 1313 NW 167th Street, Miami Gardens, Florida, within the PCD - Planned Corridor Development zoning district, subject to the conditions listed in the Declaration of Restrictions attached as Exhibit C. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce PCD, Planned Corridor District Commercial North Commerce PCD, Planned Corridor District South Commerce I-1, Light Industrial Commercial Commercial East Commerce PCD, Planned Corridor District Commercial West Commerce PCD, Planned Corridor District Office The subject property is zoned PCD, Planned Corridor Development and has been designated as Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land use designation and the PCD, Planned Corridor Development zoning district.

77 AutoNation Special Exception PZ of 174 Project Summary/Background The subject property is zoned PCD, Planned Corridor Development and has been designated as Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land use designation and the PCD, Planned Corridor Development zoning district. The site is approximately 5.0 acres and is currently used as a surface parking lot. The applicant, Real Estate Holdings, INC, has proposed to redevelop the parking area and construct an AutoNation dealership for the sale of pre-owned automobiles. Pursuant to Section , Use Regulations, Generally of the City of Miami Gardens Land Development Regulations (LDRs), the sale of used automobiles in the PCD, Planned Corridor Development zoning district is only permitted by Special Exception approval. Therefore, the applicant is seeking Special Exception approval pursuant to Section 34-48, Granting of Special Exception Uses, of the LDRs to allow the sale of used automobiles in the PCD zoning district. ZONING DISTRICT/USE Vehicle Sales Used Automobiles PCD, Planned Corridor Development District SE Special Exception Consistency with City of Miami Gardens Comprehensive Development Master Plan The subject parcel is designated Commerce on the Future Land Use Map (FLUM) of the Comprehensive Development Master Plan (CDMP) of the City of Miami Gardens. Objective states: Within the context of this plan element, Commercial and Office generally means retail sales and services whereby goods and services are provided. Offices and other activities including but not limited to restaurants and as well as automobile-oriented activities are also included. The proposed special exception use of vehicle sales used automobiles would provide an automobileoriented activity that is consistent with the Commerce area designation. Conclusion: The proposed vehicle sales used automobiles is consistent with the goals and objectives of the CDMP. Zoning Review and Analysis

78 AutoNation Special Exception PZ of 174 The City Council may grant or deny approval of a special exception use request as set forth in Section 34-48(g) of the City s Zoning and Land Development Code: (g) Criteria for granting of special exception use approval. To authorize any special exception use, the zoning appeals board shall find all of the following: (1) The special exception use will be consistent with the city s comprehensive development master plan; (2) The special exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses; (3) The special exception use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference, or physical activity; (4) The special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; (5) The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, storm water drainage, and other public improvements and services; (6) That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and (7) That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character. The proposed special exception use request to permit vehicle sales used automobiles facility was analyzed for the criteria set forth above: 1. The proposed use is consistent with the Goals, Objectives and Policies of the Commerce designation of the City s Comprehensive Development Master Plan as referenced above. 2. The proposed use is commercial in nature and is in character with the bulk, scale and design of the commercial character of the neighborhood. The use is considered to be in harmony with the surrounding commercial and offices uses and will have adequate parking and access to the site via the Palmetto Expressway and NW 12th Avenue. 3. The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use is not considered to be detrimental to the use, peaceful enjoyment, economic value, or

79 AutoNation Special Exception PZ of 174 development of surrounding properties or the general neighborhood; and will not cause objectionable noise, vibrations, fumes, odors and dust. Any vehicle maintenance or service will take place in designated bay areas. 4. The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the site. The proposed use will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; there is adequate roadway access already in existence and sidewalks are available for pedestrians along both 12th Avenue and the Palmetto Expressway frontage. 5. The proposed use will be connected to water and sewer service and will have adequate on-site stormwater management as required by Public Works. There is no residential component proposed that would impact schools. There are no new roadways required to be constructed to access the site. As such, the proposed use will not overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, storm water drainage, and other public improvements and services; 6. The proposed use will be required to operate as defined in the City s Land Development Regulations; if a Special Exception is granted the proposed development plans will be required to meet the City of Miami Gardens development standards. 7. The proposed use will be in compliance with the City s Land Development Regulations and the requirements for business licensing and operations. A declaration of restrictions is required in order protect adjacent properties and preserve the existing neighborhood character. Conclusion The City s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff s analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations. Anticipated Facilities Impact General: The proposed use will be required to connect to water and sewer service. In addition, adequate on-site stormwater management will be required by Public Works. There is no residential component proposed that would impact schools. There are no new roadways required to be constructed to access the site. Sidewalks for pedestrians are already available along both 12th Avenue and the Palmetto Expressway frontage. Approval by fire will be required as part of the building permit process. A traffic impact analysis will be required at the site plan phase along with any other concurrency requirements as outlined in the CDMP or LDRs. Attachments: Attachment A - Hearing Area Map Attachment B - Hearing Area Zoning Map

80 AutoNation Special Exception PZ of 174 Attachment A - Hearing Area Map SUBJECT PROPERTY HEARING AREA MAP Subject Property: City of Miami Gardens Planning & Zoning Division Attach 1313 NW 167th Street (Folio No.: )

81 AutoNation Special Exception PZ of 174 Attachment B - Hearing Area Zoning Map SUBJECT PROPERTY City of Miami Gardens Planning & Zoning Division Subject Property: I-1, Light Industrial 1313 NW 167th Street (Folio No.: )

82 Special Exception Request for AutoNation PZ of 174 EXHIBIT C Declaration of Restrictions

83 83 of 174 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk N.W. 27 th Avenue Miami Gardens, Florida This Instrument Prepared by: Sonja K. Dickens, Esquire City Attorney N.W. 27 th Avenue Miami Gardens, Florida SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, Real Estate Holdings, INC, ("Applicant"), wishes to operate an AutoNation pre-owned vehicle sales business located at 1313 NW 167th Street, more particularly described in Exhibit A attached hereto ("Property"), and WHEREAS, the Applicant is seeking special exception approval, in accordance with Section of the City s Land Development Code, to allow for Vehicle Sales Used Automobiles as a permitted use, IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Applicant will be abided by, the Applicant, subject only to conditions contained herein, freely, voluntarily and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1. Permits. The applicant agrees that no on-site work shall take place without obtaining an approved site plan, building permit and public works permit in accordance with the City of Miami Gardens Code of Ordinances.

84 84 of Landscaping. The applicant shall submit a landscape plan to the City of Miami Gardens for its review and approval; said plan should include the type and size of planting material prior to the issuance of a building permit and is to be planted prior to the issuance of a Certificate of Use and Occupancy. 3. Vehicle Types. The applicant agrees that all pre-owned vehicles shall be high-end and shall be no older than 10 years. 4. Business License. Applicant shall obtain a valid business license prior to issuance of a Temporary Certificate of Occupancy (TCO) by the Building Official. 5. Signage. All signage shall be in compliance with Article XVII - Sign Regulations of the City of Miami Gardens Code of Ordinances. 6. Parking, Loading and Unloading. All parking, loading and unloading activities are required to be performed on site; parking, loading or unloading within the swale or along the right-of-way is strictly prohibited. 7. Outdoor Repair and Maintenance. No outdoor repair or maintenance is permitted. All vehicle maintenance and repair shall take place within designated bays. 8. Nuisance Abatement. The Applicant shall take all reasonable measures to avoid any nuisance to the surrounding businesses and property owners. Failure or continued violation of this provision or if when, in the opinion of the Administrative Official, the use becomes a nuisance, the City may revoke the Special Exception, Certificate of Use and business license accordingly. 9. 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. 10. Use. The use shall be non-transferable. Any transfer, sale, or expansion of the business use will require a new special exception request, and approval by the City Council. 11. Covenant Running With The Land. This Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, 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. 2

85 85 of 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. 13. 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. 14. 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. 15. 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. 16. Executed Copy to be provided to the City. Executed Copy to be provided to the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may request, in writing, an extension of said thirty-day timeframe in writing to the Planning and Zoning Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 3

86 86 of Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 18. Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. 19. Acceptance of Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. 20. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 21. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 22. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 23. Entire Agreement. This Agreement and any exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 4

87 87 of Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document. SIGNATURE TO FOLLOW 5

88 88 of 174 IN WITNESS WHEREOF, Applicant has executed this Declaration. Print Name: Print Name: Print Name: Real Estate Holdings, INC Signature Print Name Date Print Name: ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by. Attest: City Clerk CITY OF MIAMI GARDENS, FLORIDA By: Cameron D. Benson, City Manager Date: 6

89 89 of 174 EXHIBIT A

90 90 of 174

91 91 of 174 2

92 Special Exception for AutoNation PZ of 174 EXHIBIT D Proposed Site Layout

93 93 of ' TRACT "C" Pre-Owned Automotive Dealership DETENTION POND 301' 3" PIPE RAIL FENCE ' 24' 24' SERVICE SHOP (S-1) TRACT "A" 43' 10' 43' 10" 30' 275' 10" 132' 7" PARTS STORAGE (S-1) CARWASH (S-1) CANOPY SWING GATE 33' 26' ' 162' 10" CONTROLLED ACCESS POINT 136' 1" 118' 6" 41' 53' Current Tract "A" Tract "C" Total Acres Showroom Service Drive Service Shop Carwash Parts Canopies Grand Total Inventory Parking Customer Parking New Tract "A" Tract "C" Total Acres SF 2667 SF SF 1526 SF 3575 SF 840 SF 31,510 SF SHOWROOM (B) SERVICE DRIVE (B) Grand Total ' CONTROLLED ACCESS POINT 10 PYLON SIGN ' EXISTING GAS STATION NW 12TH AVE 603' 8" 57' 25' 25' CENTERLINE OF STREET NW 167TH ST 0' 15' 30' 60' Site Plan 1" = 30'-0" Site Plan - Option A AutoNation USA Miami Gardens AutoNation architecture + multidisciplinary design 01/17/ NW 167th St Miami Gardens, FL Project Number: 16178

94 94 of 174 CITY OF MIAMI GARDENS QUARTERLY STAFF REPORT June 2017 through August 2017 City Manager s Office Quarterly Report 1 Page

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97 97 of 174 Quarterly Report 4 Page

98 98 of 174 Quarterly Report 5 Page

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100 100 of 174 Quarterly Report 7 Page

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102 102 of 174 Quarterly Report 9 Page

103 103 of 174 Capital Improvement Projects ART IN PUBLIC PLACES (AIPP)- North Dade Optimist Park: Installation 65% complete - Rickelle Williams The Norland Middle School (NMS) project design proposal was approved by the City Council at the 2/25/15 Council meeting. Artist Services Agreement was executed on 3/20/15. Installation is ongoing. City Hall & PD Building GMP-1 (Earthwork): Close-Out 100% J. Allen & A. Smith Project Closed out. New City Hall & PD Building GMP-2: Phase II Construction 100% complete; Phase III Construction % Complete Jimmie Allen Phase II Scope % Complete The Garage Structure: A recent warranty repair was completed in February 2017 and May 217. The Police Building s Completion Status: % Complete Sallyport acoustical insulation delamination. Repairs are pending by an independent contractor. GMP Owner Direct Purchase Status: The actual tax savings for all invoices that have been paid by the City through 12/31/16 was $802, Close out of the ODP s are being coordinated with the Contractor and the Finance department. Municipal Complex Roof PV Panels: Design 100% and Permitting is complete. Contract Development and Projected Installation Phase- Beginning March 8, 2017 and scheduled to run until June, NTP Issued March 8, The work is 98% complete and awaiting final commissioning and turn over by early fall The revised RFP/Bid opening date was 4/24/14. Staff reviewed the submitted RFP/Bids and 3 Design-Build Contractors will be scheduled to give an oral presentation for the final selection. The oral presentation for the Design-Build Contractors was held on 7/22/14. Executive staff met with the Low Bidder and an analysis is underway to determine alternate method of financing for installation. FPL Awarded the City an Energy Rebate in 1/2015 which must be completed by 5/16/2015. The City will be applying for an extension on the Award, as the project completion and terms of the award will not coincide with the final date of the required expenditures in order to apply for and secure the rebate. The City Met with Advanced Roofing, Inc in February 2016 to discuss the activation of the PV installation contract to move forward with scheduling dates for the installation. Advanced Roofing has committed to holding their original bid prices in addition to providing more efficient equipment that is available currently as opposed to the original design concept. The decision to approve the Bid submitted by Advance Roofing occurred on May 18, 2016 by the City Council. The Contract was executed by the City and the Contractor. Staff conducted a preliminary meeting with Advanced Roofing Representatives for a facility walk through.completion of the work scheduled for early Fall Close out and commissioning of the installation is currently underway at this writing. City of Miami Gardens General Obligation Bond Bond Implementation Plan (BIP) was approved by the City Council at the 2/25/2015 City Council meeting. Quarterly Report 10 Page

104 104 of 174 Bond Implementation Plan (BIP) was amended to approve the construction of a swimming pool at the Bunche Park Pool site at the 5/27/15 City Council meeting. Bond Implementation Plan (BIP) was amended and approved at the 12/9/15 City Council meeting to include evaluating expansion of existing recreation building at Bennett Lifter Park; renovating gymnasium and other interior areas, and replacing gymnasium flooring at Betty T. Ferguson Recreation Center; evaluating rebuilding pool and pool house at Myrtle Grove Park; and lease/purchase of Shot Spotter gunshot recognition system. Council also approved removal of St. Thomas University Sports Complex from the BIP. A.J. King Park: RFQ : A.J. King/Scott Park Step 1 was advertised on 3/21/16. Pre-bid meeting was held on 4/14/16. Responses were submitted on 5/4/16 and a shortlist of firms was recommended/awarded on 5/16/16. The Step 2 Request for Proposals was advertised on 1/30/17 to the three (3) shortlisted firms from the Step 1 Request for Qualifications process. The bid opening date was 3/16/17 and evaluations took place on 3/27/17. The recommended firm was approved by City council on 5/10/17. Contract negotiations are ongoing. Bennett Lifter Park: RFQ : Bennett Lifter Park Step 1 was advertised on 3/21/16. Pre-bid meeting was held on 3/31/16. Responses were submitted on 4/20/16 and a shortlist of firms was recommended/awarded on 5/2/16. The Step 2 RFP was advertised on 8/23/16. Proposals were submitted on 9/28/16. Evaluation was completed on 10/11/16 and recommendation for award was approved and issued at 11/9/16 City Council meeting. Contract negotiations are complete. The Contract was executed on 3/29/17. The purchase order has been issued. The Notice to Procced was issued to the DB Contractor on 5/31/17. Sixty-percent (60%) design drawings have been received for comments. Drawings were submitted for DRC on 8/10/17 and site plan approval on 8/30/17. Betty T. Ferguson Recreational Center: Outdoor Improvements- RFQ : Betty T. Ferguson Rec. Center Improvements (Sitework) Step 1 was advertised on 9/22/15. Pre-bid meeting was held on 9/30/15. Responses were submitted on 10/23/15 and a shortlist of firms was recommended/awarded on 11/16/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 1/12/16. Pre-bid meeting was held on 1/21/16. Responses were submitted on 2/18/16 and recommendation for award was approved and issued at 3/23/16 City Council meeting. Contract negotiations are complete. Contract executed 9/6/16. The purchase order for the Site Improvements was issued on 2/2/17. Design drawings were submitted and a Design Review Committee (DRC) meeting was held on 6/29/17. The Site Improvements were submitted for site plan review on 8/17/17. Gymnasium Improvements- Notice of Award was issued at 11/9/16 City Council meeting for gymnasium improvements. Purchase Order was issued on 12/20/16. The work for the Gymnasium Improvements is complete. Quarterly Report 11 Page

105 105 of 174 The ribbon cutting ceremony was held for the Gymnasium Improvements on 8/31/17. Buccaneer Park: RFQ : Buccaneer Park Improvements Step 1 was advertised on 6/22/15 and a shortlist of firms was recommended/awarded on 9/3/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 12/4/15. Pre-bid meeting was held on 12/15/15. Responses were submitted on 1/19/16. Evaluation was completed on 1/26/16 and recommendation for award was approved and issued at 2/10/16 City Council meeting. Contract negotiations are complete. Contract is fully executed. Purchase Order was issued on 11/21/16. Thirty-percent (30%), sixty-percent (60%) and ninety-percent (90%) drawings have been submitted and comments have been returned to the design build firm. Drawings were submitted for Public Private Development Roundtable (PPDR) Pre Application meeting and site plan approval on 5/22/17. Drawings were submitted for site plan review on 6/10/17. Bi-weekly design and update meetings with the selected firm are ongoing. Construction drawings were submitted to the City of Miami Gardens Building Department for review and permitting on 8/17/17 and the Miami Dade County Building Department on 8/23/17. Bunche Park: RFQ for Bunche Park Improvements Step 1 was advertised on 7/17/15 and a shortlist of firms was recommended/awarded on 9/10/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 1/20/16. Pre-bid meeting was held on 1/27/16. Responses were submitted on 2/23/16 and recommendation for award was approved and issued at 4/13/16 City Council meeting. Contract negotiations are complete. Contract was executed on 9/6/16. Purchase Order was issued on 11/21/16. Thirty-percent (30%), sixty-percent (60%) and ninety-percent (90%) drawings have been submitted and comments have been returned to the design build firm. The permit drawings will be submitted to the CMG Building on 6/7/17 and Miami Dade County Building Departments 6/9/17 for review. The permit review process is ongoing. After Miami-Dade County s and CMG Building Department s approval, the permits will be issued to start the construction. Bi-weekly design and update meetings with the selected firm continue. Bunche Pool: RFQ : Bunche Pool Improvements Step 1 was advertised on 6/24/15 and a shortlist of firms was recommended/awarded on 9/1/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 11/20/15. Pre-bid meeting was held on 12/1/15. Responses were submitted on 12/22/15. Evaluation was completed on 1/6/16 and recommendation for award was approved and issued at 1/27/16 City Council meeting. Contract has been finalized and executed. Purchase Order was issued to Design-Build Contractor. Permits have been approved by Miami-Dade County Regulatory and Economic Resources Department for demolition, stormwater and tree mitigation approval. Quarterly Report 12 Page

106 106 of 174 Both thirty-percent (30%) and sixty-percent (60%) drawings have been submitted and comments have been returned to the design-build firm. A Groundbreaking Ceremony for the demolition of the Bunche Pool site was held on 8/29/16. Demolition work has been completed. The building permit applications were submitted to the CMG and Miami-Dade County Building Departments on 10/25/16. Comments were received and the DB Firm addressed the comments and resubmitted back to the CMG and Miami-Dade County Building Departments. Awaiting Miami-Dade DERM s approval in order to receive Miami-Dade WASD, City of North Miami Beach, and CMG Building Department s approval. The CMG Building Department will then issue a building permit for construction. A Miami-Dade Water and Sewer Department (WASD) Agreement was approved by WASD in December The WASD Agreement details requirements for providing sanitary sewer service to Bunche Pool. Miami-Dade Fire approved drawings on 1/23/17. Miami-Dade WASD approved drawings and issued Compliance Letter on 2/3/17. Miami-Dade DERM issued Sewer Allocation Letter on 2/6/17. The City of North Miami Beach (CNMB) approved drawings on 2/17/17. Miami-Dade DERM approval the drawings on 2/21/17. The master permit was issued by the City of Miami Gardens Building Department on 2/28/17. The Pool & Pool House are under construction. Bi-weekly design and update meetings are on-going. Project will be completed by November Cloverleaf Park: RFQ : Cloverleaf Park Step 1 was advertised on 3/21/16. Pre-bid meeting was held on 4/7/16. Responses were submitted on 4/27/16 and a shortlist of firms was recommended/awarded on 5/9/16. The Request for Proposals (RFP) was advertised to the qualified firms selected during the Request for Qualifications (RFQ) process on 4/6/17. Proposals were received on 6/12/17. The selection committee meeting was held on 6/28/17. The recommended firm will be presented to the City Council at the September meeting. Dr. Lester Brown Park: RFQ : Dr. Lester Brown Park Step 1 was advertised on 3/21/16. Pre-bid meeting was held on 4/21/16. Responses were submitted on 5/11/16 and a shortlist of firms was recommended/awarded on 5/23/16. Staff is working to issue a Request for Proposals (RFP) to the qualified firms selected during the Request for Qualifications (RFQ) process. North Dade Optimist Park: The purchase order for the demolition of the baseball area was issued to the vendor on 3/2/16. Permit application was submitted to the CMG Development Services Department on 3/16/16 and was approved on 3/29/16. The work for the demolition and installation of temporary chain link fence commenced on 3/31/16. The work is complete. The purchase order for the extension of the irrigation in the baseball area was issued the vendor on 2/26/16. The work for the irrigation extension commenced on 4/7/16. The work is complete. The purchase order for the partial sod installation for the playing field and parking lot islands was issued the vendor on 5/16/16. Installation of sod is complete. The Art in Public Places is ongoing. The installation of the shaded bleachers and scoreboard will be completed in Winter Quarterly Report 13 Page

107 107 of 174 Norwood Park and Pool Building: RFQ for Norwood Park & Pool Improvements Step 1 was advertised on 7/15/15 and a shortlist of firms was recommended/awarded on 9/10/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 12/17/15. Pre-bid meeting was held on 1/5/16. Responses were submitted on 2/2/16 and recommendation for award was approved and issued at 3/23/16 City Council meeting. Contract negotiations are complete. Contract was executed on 9/6/16. Purchase Order was issued on 11/21/16. Thirty-percent (30%), sixty-percent (60%) and ninety-percent (90%) drawings have been submitted and comments have been returned to the design build firm. The permit drawings for the Pool Building renovation will be submitted to the CMG Building on 6/2/17 and Miami Dade County Building Departments 6/2/17 for review. The permit drawings for the new recreation building and pool renovation will be submitted to the CMG Building on 6/7/17 and Miami Dade County Building Departments 6/9/17 for review. The permit review process is ongoing. After Miami-Dade County s and CMG Building Department s approval, the permits will be issued to start the construction. Bi-weekly design and update meetings with the selected firm continue. Risco Park: RFQ for Risco Park Improvements Step 1 was advertised on 7/21/15 and a shortlist of firms was recommended/awarded on 9/16/15. An Inter Local Agreement (ILA) with the Miami-Dade County School Board Facilities Department has been executed. The Step 2 RFP was advertised on 11/1/16. Only two (2) of five (5) shortlisted firms were in attendance at mandatory pre-proposal meeting. Both City of Miami Gardens Code and Florida State Statutes require the qualification and selection of new fewer than three (3) firms for the Step 2 process to move forward. Further action will be taken to rectify the situation. Bid cancelled by Addendum posted to BidSync on 12/15/16. The bid re-opened on 1/19/17. Only one (1) Bid was received on 3/6/17. The proposals were evaluated and recommended/awarded by City Council on April 12, Contract negotiations are ongoing. Scott Park: RFQ : A.J. King/Scott Park Step 1 was advertised on 3/21/16. Pre-bid meeting was held on 4/14/16. Responses were submitted on 5/4/16 and a shortlist of firms was recommended/awarded on 5/16/16. The Step 2 Request for Proposals was advertised on 1/30/17 to the three (3) shortlisted firms from the Step 1 Request for Qualifications process. Proposals were received on 3/16/17 and evaluations took place on 3/27/17. The recommended firm was approved by City council on 5/10/17. Contract negotiations are ongoing. Senior Family Center: RFQ for Senior Family Center Improvements Step 1 was advertised on 6/23/15 and shortlist was recommended/awarded on 9/3/15. The Step 2 RFP was advertised to shortlisted Design-Build firms (from Step 1) on 12/11/15. Pre-bid meeting was held on 12/22/15. Responses were submitted on 1/28/16. Evaluation was completed on 2/10/16. A resolution was passed on 3/9/16 to develop, manage and operate a senior housing development adjacent to the Senior Family Center. All responses from the RFP were rejected at the 5/11/16 City Council meeting. Step 2 RFP will be revised and re-advertised. Quarterly Report 14 Page

108 108 of 174 A comprehensive Request for Qualifications (RFQ) was advertised on 7/20/16. Proposals were due on 9/7/16. Evaluation and recommendation of shortlisted firms was on 9/19/16. The Request for Proposals (RFP) will be advertised to the qualified firms selected during the Request for Qualifications (RFQ) process on 2/8/17 and proposals were received on 4/20/17. The selection evaluation committee met on 5/1/17 and presentations were held on 5/24/17. The top two (2) ranked firms made presentations to the City council during a workshop on 7/12/17 and the staff will be negotiating with selected firm. Real Time Crime Center RFP for Real Time Crime Center Video Wall & Controller was advertised on 9/9/15. Pre-bid meeting was held on 9/22/15. Proposals were submitted on 12/10/15. Proposals were evaluated on 1/7/16 and recommendation for award was approved and issued at 1/27/16 City Council meeting. Contract has been finalized and executed. Purchase Order # was issued on 4/18/16. Video wall renderings and drawings have been completed and video wall hardware has been procured by the vendor. The vendor has assembled the video wall hardware offsite for future shipment to the City. Dell computer workstations and monitors have been delivered to the City. The worksurfaces were delivered on 6/1/16. The installation of the Dell computer workstations, monitors and worksurfaces was completed on 6/14/16. The vendor completed the Equipment Staging/Pre-Installation, system commissioning and operational Quality Control (QC) on 6/15/16. The video wall was delivered on 6/19/16. The field systems installation and integration of the video wall has been completed for the Real Time Crime Center. A ribbon cutting ceremony was held on 8/8/16. Purchase orders have been issued for various software components including the Leads Online Investigations Software and ShotSpotter. Notice of award was issued for the Video Management Solution (VMS) and Video Analytics Software (VAS) at the 10/12/16 City Council meeting. Notice of award was issued at the 1/11/17 City Council meeting for the Physical Security Information Management (PSIM) Solution. A purchase order was issued to the awarded vendor on 2/2/17. A purchase order was issued for the Closed Circuit Television (CCTV) Camera Solution at Bunche Pool on 4/4/17. A Purchase order was issued for GIS Mapping Software on 6/22/17. Completed Projects Dr. Lester Brown Park Outdoor Fitness Station: Purchase Order was issued for the installation of the outdoor fitness station on 2/19/15. Permit application was submitted to the CMG Development Services Department on 2/25/15 and was approved on 3/03/15. The contractor commenced installation of the outdoor fitness station on 3/03/15 and completed installation on 3/31/15. The Miami Dolphins contributed $25,000 for the outdoor fitness station improvements. Project Complete. Norwood Pool: CMG staff procured the services of a pool consultant to provide a pool assessment of Norwood Pool. A site inspection, and a review of Health Department file documents for the existing pool were conducted for the purpose of ascertaining the condition of the Pool vessel, and the exploration of practical repair and remodel options leading to the opening of the pool for use this summer season The solicitation for quotes for the pool painting and repair work was advertised on 4/30/15. A pre-bid meeting was held on 5/6/15. Quarterly Report 15 Page

109 109 of 174 Notice to Proceed (NTP) and Purchase Order (PO) were issued to the contractor on 6/3/15. The contractor requested and granted additional time because of unforeseen delays on 6/22/15. Sandblasting and painting of the pool vessel is complete. The disconnect switch for the pump burned out in the equipment area during the start-up of the pumps and circulating the water on 7/7/15. Staff had to order parts and material for the disconnect switch and electrical components that burned out during the pool pump start-up. Staff completed the replacement of the electrical work and disconnect switch on 8/19/15. The pool opening inspection for the Health Department was held on 8/27/15. Staff and contractor completed outstanding items on the inspection report. Passed Health Department pool opening inspection on 9/2/15. Tree trimming contractor trimmed leaves hanging over the pool and deck on 9/22/15. The Contractor received final payment on 9/25/2015. Project Complete. Brentwood Pool Outdoor Fitness Station: Purchase Order was issued for the installation of the outdoor fitness station on 9/30/15. Permit Application was submitted to CMG Building Department on 12/9/15 and approved on 12/16/16. The grading commenced on 1/4/16; the footers for shade structure were installed on 1/7/16; and the concrete pad was poured on 1/11/16. The installation of the equipment commenced on 1/14/16 and was completed on 2/4/16. The Building Department approved the final inspection on 2/17/16. Project Complete. Showmobiles: The project was advertised through a Request for Proposal (RFP) on 5/12/15. A recommendation of Award to Century Industries was submitted to City Council and approved on 7/22/15. The Purchase Order (PO) was submitted to the vendor on 9/11/15. Manufacturing of the showmobile commenced on 12/2/15. Completion of showmobile production pending the installation of the handicap lift that was on back order. The first showmobile unit was delivered to the City on 2/11/16. The second showmobile unit was delivered on 2/16/16. Training for the showmobile was held on 3/8/16. Staff received the Certificates of Origin for the showmobiles on 5/3/16. The showmobile was unveiled at the State of the City Address on 5/17/16. Registration and insurance coverage have been issued for the showmobile units. Municipal Complex Exterior Signage: Monument Signs were installed during the week of 6/20/2016. Cancelled Projects Fueling Facility at old Police Building & Storm Drainage: Construction Document Phase 85% The project is cancelled. No further action is being taken at this time. Municipal Complex Utility Relocation NW 185 th Terrace: Design 90% complete The project is recommended to be cancelled. Quarterly Report 16 Page

110 110 of 174 Community Development CDBG Annual Action Plan for FY Every year the City must update its Action Plan detailing the HUD funded programs such as the Community Development Block Grant (CDBG) Program. CD Staff prepared a draft of the Action Plan and the plan was posted on the City s website. The plan was opened for public comment for 30-days and a citizen participation meeting was held on June 26th. The plan has been submitted to HUD by the deadline of August 15. We are awaiting HUD s response and approval. CDBG Annual Reporting- The Public Services that were funded for the FY are being closed out for the fiscal year. The agencies are preparing their end of the year report detailing accomplishments for the year. Florida Department of Emergency Management The City was recently awarded a State Funded Mitigation Grant in the amount of $194,000. The grant will be used to support the existing Housing Rehabilitation and Mitigation Program and to further provide mitigation improvements to qualified low to moderate income elderly homeowners. We have selected nine properties that are eligible for the mitigation grant. These properties will have mitigation inspections performed and the report will be sent to the FDEM for analysis scoring. Once we receive the results we will begin mitigation of the properties. Demolition of Unsafe Structures The CD department continues to work in conjunction with the Building Department and the Unsafe Structures Board to demolish properties that have a demolition ordered by the USB. To date seven properties have been demolished successfully. The City is actively working with the Building Director to identify properties with the intent to redevelop the vacant parcels of land by constructing a single family home for an eligible low-to-moderate income family. The funding for this project is coming from recaptured Neighborhood Stabilization Program (NSP) funds. Quarterly Report 17 Page

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116 116 of 174 PROJECT SUMMARY Quarterly Report 23 Page

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130 130 of 174 Information Technology IT Department Overview This Status report covers the activities of the Information Technology Department for the period from. It is organized into the following areas: Significant Accomplishments Projects and Project Status Significant Issues Travel Activity and Training Accomplishments from Month: o Significant Accomplishments Quarterly Report The Police Website will be up and running by the end of September. Training for the Police Website was given to Police Personnel by Felix Herrera. Felix provided training to Noelle Barnes and Karen Clarke for them update the alert module on the City website to keep residents updated about the Hurricane Irma. Chas Paul provided the instructions to Noelle Barnes and Karen Clarke for the call-in numbers for both City Staff and Residents to receive updates about work schedule and Hurricane Irma. 37 Page

131 131 of 174 Emergency operations center phones and Satellite phones were provided to police personnel during Hurricane Irma setup. City Hall Data Center was shut down due to concerns of the AC system. The Police Website is underway we are gathering information and will be training the PD staff also so they can do their own updates. I replied to the Florida Department of Law enforcement (FDLE) Audit Letter and attached missing policies. I will continue to work with the Police Department and FDLE to rectify all the areas identified as being out of compliance and update upper management the Chief of Police. Provided Dell quotes for servers to the Police Department for the video analytics software. Installed Coban Video Software and trained Records department on how to do public records request using the Coban in car camera system. Interviewed replacements for vacant position in Information Technology. Collected for public records request for PD, Clerks Office and Risk Management.. Viewed several different vendors with the Building department for a new Building Permitting program. Boss Helpdesk Tablet was purchased and installed for the Police Department so that officers can input helpdesk tickets while they wait on their laptops to be worked on. Setup additional MIFI devices for Hurricane Irma. o Projects and Project Status The Police Department website is underway and will be up and running. Real Time Crime Center Storage networking equipment has arrived and planning the setup is underway. Laptop deployment for both the City Hall and PD is almost complete for this fiscal year. Boss Helpdesk has been implemented on the Police Department and we will be implementing the Boss Helpdesk for City Hall in a few months. Police Department Real Time Crime Center Video Management Storage has been completed and is up and running. Reviewing Network and security products to purchase for the next fiscal year. Quarterly Report 38 Page

132 132 of 174 Reviewing products that will encrypt the police officer s laptop hard drives for the FDLE requirements and I m looking for a next generation firewall that will be purchased in the next fiscal year for the Police Department. Live Earth Project with the Real time crime center has completed. Lexis Nexis Project with the Real time crime center has completed. Phone move is complete; the Brain has been moved from the Old PD to the New building and the system that was at the new building is now over at the Old PD. Body Camera Docking stations have been setup; we are waiting on a bandwidth test from the cameras uploading to be complete. o Significant Issues On call staff that was working through the hurricane had to turn off both City Hall and Police Department Data Centers because of Hurricane Irma. City Hall Data Center was turned off on September 9 th,2017 due to concerns about the AC working while on generator. The Police Department Datacenter was turned off on September 10 th Due to the loss of electricity and the building cooling system did not cut over to generator power. The datacenter at the Police Department temperature began to raise and the decision was made to power down the datacenter to prevent damage to the equipment. The Datacenter was turn on the following day September 11 th 2017 when electricity was restored to the building. Due to Hurricane Irma, we have lost connectivity to Betty T, Ferguson Recreation Center (BTCC) and Public works. We are currently working on the issue with AT&T. We also lost a hard drive due to power fluctuations for the print server and domain controller at BTCC. The Police Department lost a firewall that gives the police officers and the building connection to the internet and FDLE. We found a spare firewall and copied the configurations over. The Old Police Department 1020 building has some water damage to the roof tiles of the Server room there. o Travel Activity and Training. Chassing Paul attended cisco phone training. Quarterly Report 39 Page

133 133 of 174 Park & Recreation Department The following data is a representative for the months of June through August 2017 The Parks Department has hired two new staff within the organization to maximize the efficiency and customer service within the department. The Park Ranger Supervisor and Athletic Manager are the newest additions to the Parks & Recreation Department. The Park Ranger Supervisor is responsible for evaluating and determining security needs within the geographic boundaries of City parks and facilities. The Athletic Manager oversees all the athletic programs, develops and implements new athletic programs to meet the needs of the entire community. Launching of the City s Parks and Recreation webpage to improve our internal processes. We are encouraging our residents to take advantage of the on-line recreation management system. This will help to ease and provide the customer with the option of making payments, registering and receiving general information without having to come into a location. Gathered data program promotional information for department program guide. Continuous staff training for Sportsoft Inventory management system. Completion of the building upgrades at the Betty T. Ferguson Recreation Complex: o Re-opening of the BTF gymnasium August 31 st 4:45pm-8pm Partnering with the SEE Foundation to facilitate and implement several activities, events and educational workshops during This program supports inclusion programs for special needs participants and other services in the City of Miami Gardens. o June 11 th -August 11, 2017: The SEE Foundation hosted Beyond Our Abilities Performing Arts Summer Camp at Miami Carol City Park. Beyond Our Abilities allows the participants to embrace fulfillment of expressing their gifts of music, dance, theater and art. Every 4 th Thursday of the month at Miami Carol City Park the SEE Foundation Inc. offers a food pantry program. The program takes place from 10am-12:30pm. Every Friday at Bennett Lifter Park the Here's Help Workforce and Community Development Corporation. The program takes place from 1:30-3:30pm. Continued partnership with the Miami-Dade Economic Advocacy Trust program to host Teen Court hearings in the Council Chambers of City Hall. The purpose of the program is to provide an alternative for misdemeanor youthful offenders who agree to allow their peers to determine their sentencing instead of the juvenile justice system. There will be numerous resources offered promoting the success of the youth. Quarterly Report 40 Page

134 134 of 174 Partnering with Alpha Kappa Alpha Sorority to beautify the park benches and amenities at Cloverleaf Park. The following service project is in motion and will be implemented soon. Program expansions for 2017 will include 6 new Athletic programs such as: o Bowling o Fishing o Tennis Clinics o Baseball o Softball clinics o Soccer Clinics Along with the program expansions, the department is working diligently on improving the programs that have been provided to the community such as: o Football/Cheer o Basketball o Track o Youth Fundamental Basketball Camp o Youth Fundamental Girls Volleyball Camp-Middle school and High School o High school Girls Basketball League o Swimming Youth Basketball Camp was held at Miami Norland Senior High June 13 th through July 6, 2017 servicing kids ages There were 65 participants enrolled in the camp. Girls Volleyball Camp was held at Miami Norland Senior High July 10 th through August 17 th. There were 50 participants enrolled in the camp. Girls High School Basketball Team Camp was facilitated at Miami Norland Senior High July 10 th through August 3 rd. There were 6 teams enrolled in the camp. July 10 th was the official first day to the 2017 FYFL football/cheer season. There is a total of 4 optimist clubs with a total of 1,174 participants registered. C.M.G.Y.S met with the AMF Bowling Lanes to establish a Youth Bowling Program. The projected date for the Bowling program is T.B.A. Targeting participants for ages June 12 th, July 10 th and August 14 th : Councilwoman Felicia Robinson Meet Me Mondays, held at Miami Carol City Park 6pm-8pm. Patrons get to address concerns, ask questions and receive information about their community. Betty T. Ferguson Recreation Complex hosted the Thomas Amour Youth Ballet Summer Camp Program. There were a total of 100 participants enrolled. Betty T. Ferguson Recreation Complex has launched a free Youth Orchestra program for the residents of Miami Gardens. Quarterly Report 41 Page

135 135 of 174 Ms. Goosey s Reading Corner (recreation Reading Initiative) takes place at Rolling Oaks Park on Tuesday s & Thursday s from 5pm- 6:45. Participants are engaged and interact through fun creative activities that will encourage reading. At the Betty T. Ferguson Recreation Complex, there has been a continuance of ongoing programs offered to the community. Programs are as follows: Senior Line Dancing, Senior s Computer Literacy Class, Youth Drum Line, Zumba and Karate. June 16 th and August 18 th from 5:30-9:30 (Every other month on the 3 rd Friday) The Food Truck Invasion event took place at Rolling Oaks Park. This event is free and open to the public. The event features Open Mic Night which consists of karaoke, singing, dancing, spoken word, kid zone and a variety of food truck vendors. June 17 th and July 15 th 10am & 12pm: Mayor Oliver Gilbert Save a Life Hands-on CPR Training held at the Betty T. Ferguson Recreation Complex. The 3 rd Annual 4 th of July Celebration was held at the Betty T. Ferguson Recreation Complex. This event was scheduled from 5pm-9:30pm. There were over 3000 participants in attendance. July 15 th 10am-12:30pm Councilwoman Lillie Odom Speak, Sign and Sell was held at the Betty T. Ferguson Recreational Complex. A Gathering and Celebration of South Florida s Writers of Color. August 1 st the First Annual National Night Out 4pm-9pm held at the Betty T. Ferguson Recreation Complex. The City of Miami Gardens Police Department brought out the community to create a stronger and safer community bond. August 5 th 9am-12pm the Criminal Record Redemption Workshop was held at the Betty T. Ferguson Recreation Complex. This workshop allows patrons to restore their right so that they can fully participate in the community. August 30 th Tree Planting Project held at the Bennett Lifter Park. Live Health Miami Gardens hosted a beautification for patrons to enjoy healthy outdoor activities by planting 70 new trees in Miami Gardens. Highlights & Upcoming Recreation Events Summer Camp Highlights: Summer Camp 2017 was a great success! Our target registration goal was 200 children which was a challenge. Yet, we accomplished our quota and registered 216 children. Our patrons received specialized services in Reading, Math, Science, Performing Arts, and Culinary Arts by contracted professionals. On the other hand, with great importance we offered parents a safe place for their Teens during the summer whereas more than 90% of teen camp enrollment attended camp on a daily basis. The teens also received services that focused on academics, college prep, conflict resolution, decision making; in addition to, new program initiatives such as fishing and a fashion design program. While intercalating the importance of life skills and academics, we ensured our children enjoyed the summer by providing memorable experiences, fieldtrips and partaking in special events. Overall, according to the parent program surveys, we received 99% of excellent service. Quarterly Report 42 Page

136 136 of 174 Shining Stars Afterschool Program The Shining Stars program resumed Monday, August 21st. The program is held at Rolling Oaks, A.J. King and Scott (Teens) parks. The program operates from 2pm-6pm Monday thru Friday. The teen program is held at Scott Park from 3pm-7pm Monday thru Friday. We offer homework assistance, snacks, fitness and recreational indoor and outdoor games. We are in the process of obtaining Teachers to provide tutoring according to the Common Core Curriculum. Recreation Division Activity Frequency Enrolled Comments Shining Stars Monday Thursday 38 Rolling Oaks Park Afterschool Program Revenues Collected Revenues Collected from After-School Camp Rolling Oaks Park Total Revenue $3, Revenues Collected from Summer Camp June 12 th August 11 th A.J. King Rolling Oaks Scott Park Teens Total Revenue $62, Revenue Collected from Facility Rentals A.J. King Park $4, Bennett Lifter $ Buccaneer Park $0.00 Bunche Park $0.00 Cloverleaf Park $2, Dr. Lester Brown $ Myrtle Groove $0.00 Miami Carol City Park $0.00 Norwood Park $0.00 Rolling Oaks $ Scott Park $1, Total Parks Revenue $10, Revenue Collected from Athletics Youth Sports Program $79, *based on Net Revenue Report by Account Name through Active Net (CMGYS Sports with transaction date from June 1, 2017 through May 31, 2017) Total Athletics Revenue $79, Quarterly Report 43 Page

137 137 of 174 Partnerships Betty T. Ferguson Recreation Complex Programs/ Activities CMG Programs at BTFRC Revenue Aquatics Learn to Swim / Parent and Child Swimming $5, Martial Arts $2, Water Aerobics $4, Aqua Fit (Drop In) $ Technology R Us $2, Line Dancing $ Revenue Youth $ Adult $ Senior $10.00 Gymnasium Revenue Daily Drop-Ins $1, Fitness Revenue Daily Drop-In $ Total Program Revenue $19, Total Rental Revenue $14, Memberships (includes Fitness Center & Classes, Gymnasium and Aquatics) Memberships (total) 346 $9, Total BTF Revenue $43, Grand Total for all Divisions: $199, Quarterly Report 44 Page

138 138 of 174 Police Department Quarterly Report 45 Page

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141 141 of 174 Quarterly Report 48 Page

142 142 of 174 Procurement Quarterly Report 49 Page

143 143 of 174 Quarterly Report 50 Page

144 144 of 174 Quarterly Report 51 Page

145 145 of 174 Public Works 1. The Assistant Public Works Director attended a meeting regarding the Artificial Turf and at Betty T Ferguson Recreation Center and the replacement of all locks at most Parks, on June 12 th. 2. On June 12 th the Assistant Public Works Director attended the Meet Me Monday s meeting at Miami Carol City Park. 3. The Assistant Public Works Director attended the City of Miami Gardens Mobility Plan Staff Meeting on June 13 th. 4. On June 15 th, the Assistant Public Works attended a scoping (visioning) Meeting for the City s Community Redevelopment Agency. 5. The Assistant Public Works Director attended the second City of Miami Gardens Mobility Plan Staff Meeting on June 26 th. 6. The Assistant Public Works Director attended a Solid Waste Collection Fee Increase meeting with Miami Dade County on June 27 th. 7. In July 2017, the Public Works Director assisted the City of Miami with evaluating two bids. Quarterly Report 52 Page

146 146 of On July 11, 2017, the Public Works Director met with the debris management company, Ashbritt to take a look at the Debris Management Site the area of Rolling Oaks on the NW 183 Street side in preparation for a storm event if needed. 9. In July 2017, conducted interviews for the Facilities Superintendent and the Arborist position. 10. On July 12 th, the Assistant Public Works Director was on a panel for the Maintenance District Supervisor. 11. On July 12 th the Assistant Public Works Director met with the Public Works Direct to discuss the situation regarding the Keith Davis incident and his pending discipline/ termination. 12. The Assistant Public Works Director along with Leslie Pettit and Glenn Gruber attended a meeting to discuss updating the City of Miami Gardens existing Stormwater Master plan on July 12 th. 13. On July 17 th, the Assistant Public Works Director served on an interview panel to fill the Facilities Superintendent position. 14. The Assistant Public Works Director and the Public Works Director both attended the Public Works Budget Meeting with the City Manager on July 19 th. 15. On July 20, 2017, the Public Works Director met with the Parks Director, Parvin Neloms and Assistant City Manager, Vernita Nelson to coordinate the park maintenance tasks with the recreational staff so that everyone know what needs to be accomplish maintaining each park; following-up meeting with all the staff. 16. The Assistant Public Works Director attended the Transit Oriented Development Hub Project (proposed for NW 215 th Street & NW 27 th Avenue) meeting with Miami Dade County on July 20 th. 17. On July 25th, the Assistant Public Works Director served on an interview panel to fill the Arborist position. 18. The Assistant Public Works Director was present at the bi-weekly directors meeting on July 26th. 19. The Assistant Public Works Director was present at the bi-weekly directors meeting on July 31st. 20. On August 21, 2017, the Director along with staff met with the City s consultant to discuss updating the Stormwater Master Plan. 21. On August 21, 2017, the Director along with the City Engineer met at Coconut Cay to attend a preconstruction meeting prior to the drainage pipe repair project for the flooding issues. 22. On August 22, 2017, the Director along with the City Engineer and the Assistant Director attended the FDOT District 6 Access Management Training and Coordination Workshop. 23. On August 23, 2017, the Director interviewed for the new Facilities Superintendent position. 24. On August 28 31, 2017, the Director attended the National American Public Works Association Trade and Training Conference in Orlando, FL. Quarterly Report 53 Page

147 147 of Throughout the month of August, the Director has been following up with FDOT and the Dolphin s attorneys for the Dolphin Stadium pedestrian bridges and the two tunnels agreement which will be funded by the State. 26. Metro Express completed repairs to the existing sidewalks and installation of ADA ramps around NW 189 th Terrace between NW 17 th Avenue and NW 14 th Avenue Road in the Rolling Oaks neighborhood. 27. The City Engineer attended the Lake Lucerne Crime Watch meeting which was held at the same time as the RCL Homeowners Meeting, but at Bennett Lifter Park. 28. Construction of the new sidewalk on the Southside of NW 179 th Street between NW 37 th Ave and NW 42 nd Avenue was completed, only the installation of grass pending. 29. Construction of the new sidewalk on the Northside of NW 177th Street between NW 37 th Ave and NW 42 nd Avenue is progressing, the remaining part is between NW 37 th Ct and NW 39 th Ave. 30. Milling & Resurfacing work was completed in the Bunche Park neighborhood minor punch list items were addressed. The final payment to the Contractor is pending. 31. The City Engineer attended the Lake Lucerne Crime Watch meeting which was held at the same time as the RCL Homeowners Meeting, but at Bennett Lifter Park. 32. Construction of the new sidewalk on the Southside of NW 179 th Street between NW 37 th Ave and NW 42 nd Avenue was completed; punch list items are being addressed. 33. Construction of the new sidewalk on the Northside of NW 177th Street between NW 37 th Ave and NW 42 nd Avenue is approximately 60% complete. 34. Milling & Resurfacing work was completed in the Bunche Park neighborhood minor punch list items are being addressed, and then the final payment to the Contractor will be made. 35. Westside Blue Way Trail easement was approved by the City Council and signed; it was then submitted to DERM. Engineering should be receiving the permit soon from DERM. The bid package will be forward to FDOT prior to advertising the Project. Keep America Beautiful (KAB) Annual KMGB Quarterly Report September 2017 We are up to date with all KAB reporting. We are still implementing changes mandated at the KAB National Conference in January. These changes involve the way we evaluate the effectiveness of our programs and projects as well as goals that must be included in program evaluation. Quarterly Report 54 Page

148 Quarterly Report 148 of 174 Keep America Beautiful won the President s Circle award at the conference. We are eligible for the next round of awards as well. This distinction is given to affiliates who exceed the minimum requirements to remain in good standing. 2 nd reimbursement request has been submitted for the Litter Control & Prevention grant. Landscape Maintenance City crews are currently maintaining all landscape areas throughout the city: fertilizing, mulching, weeding, adding pre-emergent, replacing sod and removing dead palms and shrubs. Staff has modified landscaping schedules to accommodate for the dry season. The crews are concentration on fertilizing the sick and healthy palms in the city. Some of the palms along NW 7 th avenue between 183 rd Street and 199 th street have been removed and will be replaced with healthy canopy trees. The new irrigation system is complete. The new trees will be installed after some touchups are made to the system. The crews have been working diligently to keep up with the removal of weeds and mowing the medians. We are now in the rainy season so things are speeding up. The crews are working diligently to keep up with the maintenance of the areas during the rainy season. We are continuously updating the tree inventory and assessing hazards in our canopy. Once hazards are identified, we input a work order to remove the tree or save the tree if possible. Trees that are removed are replaced with a different Florida native species. The crews are still replacing plants in medians all over the City. This plant replacement project will continue. As we replace plants, we notice that accidents are ruining our landscaping almost every weekend. Many of our trees are being destroyed in accidents. We are mulching areas as well. Some of our irrigation systems are still in need of repair. We still have a few areas remaining that need sod. Sod installation has resumed. Community Planting 2017 KMGB Coordinator continues to schedule canal and community plantings. Tree Planting We are continuing our tree planting efforts. The Tree Canopy Study has helped us identify areas that need trees and will also determine our canopy coverage. We have several street tree planting projects that have been completed recently and some currently in progress. NW 183 rd Street/ th Avenue- Tree replacements still needed NW 10th Couth from 191st Street-11th Road and 10th Place from 191st Street-11th Road. Completed NW 20 th Avenue- Completed 3440 NW 174 th Street- Completed 350 NW 193 rd Street-Completed NW 10 th Place- Completed NW 10 th Court- Completed 18900, NW 10 th Court- Completed NW 22 nd Place- Completed NW 11th Court from 191st Street to 11th Road-Completed NW 152 nd Terrace from 29 th Avenue to 28 th Place- Completed NW 28 th Place from 152 nd Terrace to 151 st Terrace- Completed NW 190th Terrace from 17th Avenue around to 21st Avenue then up to 191st Street. - Completed NW 29 th Avenue from 167 th Street-167 th Terrace- Completed NW 192 nd Terrace from 13 th Court- NW Sunshine State Pkwy E Completed- Urban Greenworks Project 55 Page

149 149 of 174 NW 193 rd Terrace from 13 th Court-NW Sunshine State Pkwy E- Completed- Urban Greenworks Project Forthcoming: NW 441/NW188th Street NW 192 nd Street from 17 th Avenue west - cul-de-sac NW 193 rd Terrace from 4th Avenue - 2 nd Court. NW 151 st Terrace from 28 th Place to 27 th Place Anti-Litter campaign We are currently distributing materials throughout the community to educate residents on the effects of litter. Special Projects The painting of the wall mural on 175 th Street has been completed. Fleet Quarterly Report September 2017 o Concerns being addressed by Fleet Management a) Fuel prices for the start of this fiscal year remain lower than expected, they are however trending up. June was 12% higher than previous months. b) Repair costs per unit averaged $467 per repair, up from $378 prior year. c) Carlo Hollis left employment with the City of Miami Gardens. We wish her the best and completed interviews. We hope to make a decision shortly. d) Funds were transferred from the fuel budget to the repair budget. o Vehicle Utilization / Budget a) The Fleet Department budget was adjusted to reflect the increasing cost and volume of vehicle repairs. Due to age of fleet, approximately 9% of the Police fleet is out of service for repairs. o Documentation of all Fleet Transactions (Ongoing) a) Repairs are being entered in the data base, and vehicles are being tracked based upon the established preventative maintenance schedule b) Fuel usage is being entered into the database reflecting both economy and total operating costs c) Reports are now available to reflect expenditures by repair category or department d) Units with low utilization are brought to respective management s attention to make sure they are rotated into service. e) Monthly reports are generated for PD command staff. o Fuel Usage (Ongoing) a) The Fleet Department has scheduled a meeting with Miami Dade to transition purchases of fuel to the county. Procurement invited. b) Fleet Staff are currently working with all vehicle user departments to address odometer entry concerns and advise drivers that they must only use the correct fuel card assigned to the vehicle c) Monthly reports of fuel usage with concern identification provided to all Department Managers for concurrence. Quarterly Report 56 Page

150 150 of 174 d) Fuel invoices are being maintained electronically and master bill. e) Fuel invoices are reviewed and billing errors are reported to Procurement for investigation and resolution. f) Low utilization vehicles are being brought to the attention of department heads. g) Employees are directed to procure fuel within city limits, purchases outside of city limits are brought to the attention of the respective department head. o Collision Repair (Ongoing) a) Continue to work closely with vendors, Risk Management, and user department to provide prompt collision repairs within departmental policy and procedures. b) Fleet Service Rep. obtains estimates of crashed vehicles and provides to HR Risk for review and repair approval. c) Awaiting appraisals on three units, two of which are total losses. In addition two total loss units were picked up by our insurance provider. o Meeting/Events/Training a) No scheduled meetings during the month of June o Warranty Repairs (Ongoing) a) Check service repair invoices against vehicle warranty to insure proper billing for services. b) Credits received when billing discrepancies are found for overcharges and warranty covered items. o Surplus Disposal a) One police unit posted for sale due to excessive wear and tear, b) No surplus disposal at this time. o Other Ongoing Fleet Items a) The county will be ready shortly to start installing RFID tags on our vehicles as we transition over to the county fueling. b) All received new vehicles are in service at this time. c) At the request of City Management, three unmarked units are being converted to marked service. d) One new marked unit was entered into Eden for a purchase order. e) Fleet continuing coordination of refurbishing units on a case by case basis f) Fleet Admin coordinating in-service of 6 new vehicles for PD g) At the request of City Management, three unmarked units are being converted to marked service. h) One new marked unit was entered into Eden for a purchase order. i) Fleet continuing coordination of refurbishing units on a case by case basis j) Fleet Admin completed coordination of the graphic install of 4 new motorcycles for PD k) Fleet Administrator continues to work with Procurement & Finance to review upcoming contracts for renewal and financial limits. l) Fleet Manager & Admin continue review of department s current and future budget m) Fleet Administrator process invoices from vendors regarding parts, service, and maintenance repairs on vehicles and equipment. Quarterly Report 57 Page

151 151 of 174 n) Fleet Administrator prepares requisitions necessary to purchase parts, accessories, maintenance and services and monitor purchase orders. o) Fleet Administrator schedules car wash detail appointments and window tinting services for various departments. p) Fleet Staff responds to multiple service calls for Police, Public Works, Parks and Recreation, School Crossing Guards, IT, Mayor & Council s Office and Development Services addressing their concerns. Transit Quarterly Report September The Transit Manager along with the transit assistant inspected over 60 bus shelters for advertisement placement in order for COA to move forward. 2. On June 14 th, The Transit Manager met with Christy Sammon; representative from Go Rail. Org. Christy was forwarded to CITT committee and City Manager. 3. The Transit Manager received the NTP for Creative Outdoor Media (COA). 4. The Transit Manager along with the transit assistant inspected over 60 bus shelters for advertisement placement in order for COA to move forward. 5. On June 14 th, The Transit Manager met with Christy Sammon; representative from Go Rail. Org. Christy was forwarded to CITT committee and City Manager. 6. The Transit Manager attended the CITT Joint Strategic & Financial Planning and Project and Financial Review Committee Meeting Thursday, June 15, 2017, at 4 p.m., in the 10th Floor Transportation Trust Conference Room, 111 NW 1 Street. 7. On July 6 th, the Transit Manager met with various Transit department throughout the city to share circulator information. 8. On July 6 th, the Transit Manager along with the transit assistant met with Limousines of So Flo to discuss several issues pertaining to the MG Express service. 9. On August 2 nd, the Miami Dade County CITT quarterly compliance report was sent as a joint effort between the Finance, Engineering and Public Works per PTP funding requirements. 10. The Transit Manager has been working with MGPD for Senior Appreciation Day. Quarterly Report 58 Page

152 152 of On August 10 th, The Trolley Manager was contacted by Andy Molina a rep for Sanchez Arrango, advising that they no longer have workers compensation insurance. He also advised that the owner passed away. Work has stopped since then. Our City attorney is reviewing the contract. 12. In the month of July, the Transit Manager along with the Transit assistant inspected and made repairs to over 50 bus shelters for advertising purposes. 13. Completed sidewalk and ADA improvements with Metro Express. 14. The Transit Manager continues working with Creative Outdoor per bus shelter and bench advertising. 15. The Transit manager completed annual evaluations for its staff. 16. The Transit manager discussed rider issues with Limousines of So Flo. 17. Trolley Program Manager continues to go to community meetings after hours. i.e. Meet me Mondays, Food Truck Invasion etc 18. The Trolley Program Manager and temporary Road Supervisor continues to inspect all bus stop amenities throughout the city making sure they are up to standards and are safe for riders. 19. The Trolley Program Manager continues to respond and resolve all MDT complaints. 20. Sanchez Arrango Construction continues to implement repairs and replacement of our bus shelters and trash receptacles as contracted and requested by the Trolley Program Manager. 21. Our grounds crew continues to maintain the newly installed trash cans and bus benches by way of trash removal. Additionally, our grounds crew continues to maintain the existing trash cans by removing trash daily throughout the city. Quarterly Report 59 Page

153 153 of 174 Total Performance Indicators Quarterly Report 60 Page

154 August of 174

155 About this report 155 of 174 The Miami Gardens Police Department provides information concerning crimes in the City of Miami Gardens. Each page depicts actual crime information captured by the Records and Crime Analysis Units. Glossary Targeted Crimes: The State of Florida uses these crimes for conformity in compiling statistics within the state and the nation. The statistics for these crimes are reported to the Florida Department of Law Enforcement for inclusion in the Federal Bureau of Investigations (FBI) Annual Report. Data from the monthly report may differ from the FBI s published report due to the fact that only certain classes of crime are extracted for publication and crimes reported after the reporting deadline are still captured by the Records Unit. Criminal Homicide The willful (non-negligent) killing of one human being by another. Aggravated Assault An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Larceny Deprive victim of such property permanently or temporarily without threat or violence or putting in fear, or by sudden snatch. Robbery To take or attempt to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting victim in fear. Burglary The unlawful or attempted entry of a structure to commit a felony or a theft. 2

156 156 of 174 GLOSSARY Emergency Calls P = Priority call and is identified by a verbal 3 at the beginning of the signal at dispatch Code 3 emergency call: A situation or sudden occurrence which poses an actual threat of serious injury or loss of human life and demands swift police action. Code 3 calls are preceded by a tone indicator and the signal prefixed by a 3. Example: Shooting victim, violent domestic with injuries, accident with injuries P1 = Emergency call that is identified by a verbal 2 at the beginning of the signal at dispatch. Code 2 emergency call: A situation which poses a potential threat of serious injury or loss of human life which may require swift police action. Code 2 calls are preceded by a tone indicator and the signal prefixed by a 2. Example: Burglary in progress, violent domestic, assault with potential of injuries. P2 = requires an immediate response but no imminent threat of serious injury or loss of human life involved. There is no tone indicator preceding this type of call. Example: A just occurred burglary or any incident where the suspects may still be in immediate area. P3+ = Considered a routine response for a call that is delayed or non-emergency in nature. Example: Identity theft, loud music complaints, barking dog disturbance. 3

157 Monthly Statistical 157 Comparison of 174 August 2017 July 2017 August 2017 %Change August 2016 August 2017 %Change Monthly Comparison Criminal Homicide % % Forcible Rape % 1 1 0% Robbery % % Aggravated Assault % % Burglary % % Theft from Motor Vehicle % % Larceny (All Other) % % Motor Vehicle Theft % % Total % % Year to Date % Change Criminal Homicide % Forcible Rape % Robbery % Aggravated Assault % Burglary % Theft from Motor Vehicle % Larceny (All Other) % Motor Vehicle Theft % Total % This report reflects incidents that are currently in the records management and the GEO verification systems at the time this report was generated. Data shown is subject to change as pending reports are entered into records. *Non-calculable 4

158 Monthly Statistical 158 Comparison of 174 August 2017 ARREST July August Diff %Change Criminal Homicide N/C Forcible Sex Battery % Robbery % Aggravated Assault % Burglary % Larceny % Motor Vehicle Theft % Total % *Percentage change is non-calculable 5

159 PART ONE 159 of 174 CRIMES August 2016 / August Aug Aug

160 PART 160 ONE of 174 CRIMES Year to Date Comparison 2016 /

161 161 of 174 TOP FIVE ACCIDENT LOCATIONS NW 165 th ST, NW 48 th AVE 2 NW 177 th ST, NW 5 th AVE 3 NW 183 rd ST, NW 2 nd AVE 2 NW 183 rd ST, NW 32 nd AVE 3 NW 215 th ST, NW 2 nd AVE 2 1 Contributing Factors 1 Violation of Right of Way Following Too Closely Ran Stop Sign Improper Lane Usage Improper Backing Unsecured Load 2 8

162 TOP FIVE ACCIDENT LOCATIONS August 01 through 162 of August , 2017 NW 165th Street/ NW 48th Avenue DHSMV # Case # Date/Time Cause /21/2017 Violation of right of way /29/2017 Ran Stop Sign NW 177th Street/ NW 5th Avenue DHSMV # Case # Date/Time Cause /17/2017 Violation of right of way /26/2017 Violation of right of way /30/2017 Violation of right of way NW 183rd Street/ NW 2nd Ave DHSMV # Case # Date/Time Cause /3/2017 Improper backing /30/2017 Improper lane usage NW 183rd Street/ NW 32nd Avenue DHSMV # Case # Date/Time Cause /10/2017 Violation of right of way /10/2017 Following too closely /15/2017 Unsecured load NW 215th Street/ NW 2nd Avenue DHSMV # Case # Date/Time Cause /1/2017 Violation of right of way /11/2017 Following too closely 9

163 163 of 174 TRAFFIC ENFORCEMENT SUMMARY 2017 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YEAR TO DATE Accident Reports Traffic Stops Traffic Moving Traffic Non Moving Traffic Verbal Parking Citations Red Light Camera Violations

164 TRAFFIC ENFORCEMENT 164 of 174 ACTIVITY August , 0% 306, 2% 123, 1% 159, 1% 155, 1% 310, 3% Accident Reports Traffic Stops Traffic Moving Traffic Non Mov Traffic Verbal Parking Citations 11,511, 92% Red Light Camera Violations 11

165 165 of 174 STREET CRIMES AND CAREER CRIMINAL UNITS August 2017 These proactive units effected 41 arrests: 13 Felony, 15 Misdemeanor, and 13 Traffic Arrests Proactive Patrol Field Contacts Traffic Citations Executed 2 Search Warrants Seized Grams of Marijuana Grams of Cocaine Firearms U.S. Marshal Services 2 2 Apprehension/Warrants related to CMG Total Apprehension/Warrants 12