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CITY OF WEST MIAMI

901 S.W. 62ND AVENUE


WEST MIAMI, FL 33144
WWW.CITYOFWESTMIAMIFL.COM

AGENDA
REGULAR COMMISSION MEETING

WEDNESDAY, OCTOBER 2ND, 2019


7:30 P.M.
CITY HALL, COMMISSION CHAMBERS

CITY COMMISSION

MAYOR RHONDA A. RODRIGUEZ


VICE-MAYOR LUCIANO L. SUAREZ
COMMISSIONER CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER ERIC DIAZ-PADRON

CITY MANAGER YOLANDA AGUILAR


CITY ATTORNEY JOSE A. VILLALOBOS
CITY CLERK ANNERY GONZALEZ

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1. INVOCATION:

2. PLEDGE OF ALLEGIANCE:

3. ROLL CALL:

4. PRESENTATION OF MINUTES FOR APPROVAL FOR SEPTEMBER 11TH, 2019 TOWN


HALL MEETING:

MOTION: SECOND: ____________________VOTE:

REQUEST TO POSTPONE PRESENTATION OF MINUTES FOR APPROVAL FOR


SEPTEMBER 18TH, 2019 REGULAR COMMISSION MEETING BY CITY CLERK:

MOTION: SECOND: ____________________VOTE:

5. PUBLIC COMMENTS:

6. REPORT OF THE CITY MANAGER:

7. REPORT OF THE CITY ATTORNEY:

8. REPORT OF THE CITY ENGINEER:

9. COMMITTEE REPORTS:

REPORT OF THE MAYOR:

10. UNFINISHED BUSINESS:

A) CONTINUED FROM SEPTEMBER 18TH, 2019 COMMISSION MEETING:

SECOND READING; PUBLIC HEARING: AN ORDINANCE OF THE MAYOR AND CITY


COMMISSION OF THE CITY OF WEST MIAMI VACATING, ABANDONING AND
CLOSING THE PUBLIC EASEMENT FOR THE ALAMEDA BUILDING #1 LEGAL
DESCRIPTION A PARCEL OF LAND PORTION OF THE EASEMENT RESERVED IN THE
DECLARATION OF RESTRICTIONS, RECORDED IN DEED BOOK 2648, PAGE 143 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; THE SOUTH 5.00 FEET OF LOTS 1, 2 AND 3, AND THE NORTH
5.00 FEET OF LOT 16 AND 17, ALL AS MEASURED AT RIGHT ANGLES, AND ALL WITHIN
BLOCK 2 OF RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 45 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS DESCRIBED IN THE
SKETCH ATTACHED HERETO AS COMPOSITE EXHIBIT A; A SURVEY OF THE PROPERTY
IS ATTACHED HERETO AS COMPOSITE EXHIBIT B AND HAS THE LEGAL
DESCRIPTION LOTS 1, 2, 3, 16 AND 17, BLOCK 2 OF RESUBDIVISION OF SECOND
REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 44, AT PAGE 45 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA AND LOTS 35 AND 36, BLOCK 2 ALAMEDA, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 81 OF THE PUBLIC

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CONTINUED…

RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE


DATE.

MOTION: SECOND: ____________________VOTE:

B) CONTINUED FROM SEPTEMBER 18TH, 2019 COMMISSION MEETING:

SECOND READING; PUBLIC HEARING: AN ORDINANCE OF THE MAYOR AND


CITY COMMISSION OF THE CITY OF WEST MIAMI DEDICATING A UTILITY
EASEMENT FOR THE ALAMEDA BUILDING #1 LEGAL DESCRIPTION, A PARCEL OF
LAND BEING THE WEST 2.00 FEET LESS THE NORTH 5.00 FEET THEREOF, ALL AS
MEASURED AT RIGHT ANGLES, OF LOT 16 OF BLOCK 2 OF RESUBDIVISION OF
SECOND REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 45 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA AS DESCRIBED IN THE SKETCH ATTACHED
HERETO AS EXHIBIT A; A SURVEY OF THE PROPERTY IS ATTACHED HERETO AS
COMPOSITE EXHIBIT B AND HAS THE LEGAL DESCRIPTION LOTS 1, 2, 3, 16 AND
17, BLOCK 2 OF RESUBDIVISION OF SECOND REVISED PLAT PORTION OF
ALAMEDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
44, AT PAGE 45, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
AND LOTS 35 AND 36, BLOCK 2 OF ALAMEDA, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 81 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

MOTION:____________________SECOND: ____________________VOTE: ________________

C) CONTINUED FROM SEPTEMBER 18TH, 2019 COMMISSION MEETING:

SECOND READING; PUBLIC HEARING: AN ORDINANCE OF THE MAYOR AND CITY


COMMISSION OF THE CITY OF WEST MIAMI VACATING, ABANDONING AND
CLOSING THE PUBLIC EASEMENT FOR THE ALAMEDA BUILDING #2 LEGAL
DESCRIPTION A PARCEL OF LAND PORTION OF THE EASEMENT RESERVED IN THE
DECLARATION OF RESTRICTIONS, RECORDED IN DEED BOOK 2648, PAGE 143 OF
THE PUBLIC RECORDS OF MIAMI DADE COUNTY AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTH 5.00 FEET OF LOT 9, AND THE
NORTH 5.00 FEET OF LOT 10, ALL AS MEASURED AT RIGHT ANGLES, AND ALL
WITHIN BLOCK 1 OF RESUBDIVISION OF SECOND REVISED PLAT PORTION OF
ALAMEDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44,
PAGE 45 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS
DESCRIBED IN THE SKETCH ATTACHED HERETO AS EXHIBIT A; A SURVEY OF THE
PROPERTY IS ATTACHED HERETO AS COMPOSITE EXHIBIT B AND HAS THE LEGAL
DESCRIPTION LOTS 9 AND 10, BLOCK 1, OF RESUBDIVISION OF SECOND REVISED
PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 44, AT PAGE 45, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

MOTION:____________________SECOND: ____________________VOTE: ________________


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D) CONTINUED FROM SEPTEMBER 18TH, 2019 COMMISSION MEETING:

SECOND READING; PUBLIC HEARING: AN ORDINANCE OF THE MAYOR AND CITY


COMMISSION OF THE CITY OF WEST MIAMI DEDICATING A UTILITY EASEMENT FOR
THE ALAMEDA BUILDING #2 LEGAL DESCRIPTION, A PARCEL OF LAND BEING THE
EAST 2.00 FEET LESS THE NORTH 5.00 FEET THEREOF, ALL AS MEASURED AT RIGHT
ANGLES, OF LOT 10 OF BLOCK 1 OF RESUBDIVISION OF SECOND REVISED PLAT
PORTION OF ALAMEDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44, PAGE 45 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS
DESCRIBED IN THE SKETCH ATTACHED HERETO AS EXHIBIT A; A SURVEY OF
THE PROPERTY IS ATTACHED HERETO AS COMPOSITE EXHIBIT B AND HAS THE
LEGAL DESCRIPTION LOTS 9 AND 10, BLOCK 1, OF RESUBDIVISION OF SECOND
REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 44, AT PAGE 45, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

MOTION:____________________SECOND: ____________________VOTE: ________________

11. NEW BUSINESS AGENDA ITEMS:

A) FIRST READING: AN ORDINANCE OF THE CITY OF WEST MIAMI, FLORIDA


AMENDING AND FURTHER CLARIFYING ORDINANCE 2018-03 RELATING TO
“VACATION/SHORT TERM RENTALS”; CREATING CHAPTER 9, ARTICLE 7 OF THE
CODE OF ORDINANCES OF THE CITY OF WEST MIAMI ENTITLED "VACATION
RENTAL LICENSE PROGRAM"; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION AND RENTAL
LICENSE; PROVIDING FOR SAFETY AND OPERATIONAL REQUIREMENTS;
PROVIDING FOR PARKING AND SOLID WASTE COMPLIANCE; PROVIDING FOR
MAXIMUM OCCUPANCY; PROVIDING FOR APPLICATION AND LICENSE FEES
AND PENALTIES FOR NON-COMPLIANCE; PROVIDING FOR PRESUMPTION AND
RENTAL AGREEMENT; PROVIDING FOR SEVERABILITY, CODIFICATION AND
REPEAL OF ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COMMISSIONER
BLANES)

MOTION:____________________SECOND: ____________________VOTE: ________________

B) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI AUTHORIZING CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A
LEASE AGREEMENT BETWEEN THE CITY OF WEST MIAMI AND ILLUMINATION
TECHNOLOGIES, A SOLE SOURCE VENDOR, FOR THE INSTALLATION AND
MAINTENANCE OF FOUR UTILITY POLES WHICH WILL BE DEVOTED TO THE
SAFETY AND SECURITY OF OUR MUNICIPAL PARKS; ILLUMINATION
TECHNOLOGIES SHALL ALSO BE RESPONSIBLE FOR TWELVE ADDITIONAL
UTILITY POLES THAT ARE WITHIN THE JURISDICTION OF THE CITY OF WEST
MIAMI REQUIRING CITY OF WEST MIAMI PERMITS, MIAMI DADE COUNTY
PERMITS AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JURISDICTIONAL PERMITS TO BE INSTALLED IN THE PERIMETER COMMERCIAL
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CONTINUED…

AREAS WITHIN THE CITY'S MUNICIPAL JURISDICTION; PROVIDING FOR


ORDINANCES IN THE EVENT EASEMENTS ARE REQUIRED; PROVIDING FOR
EACH OF THESE POLES TO HAVE LICENSE PLATE READERS THAT SHALL SERVE
AS AN INVESTIGATIVE TOOL TO ASSIST LAW ENFORCEMENT IN THE PURSUIT
OF THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF WEST MIAMI; SAID
POLES SHALL BE INSTALLED AND MAINTAINED BY ILLUMINATION
TECHNOLOGIES THROUGHOUT THE LIFETIME OF THE LEASE; PROVIDING THAT
THE VENDOR BE RESPONSIBLE FOR THE APPLICATION OF ANY AND ALL
APPLICABLE BUILDING PERMITS AND/OR LICENSES WITH THE CITY OF WEST
MIAMI, MIAMI-DADE COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
COMMISSIONER DIAZ-PADRON)

MOTION:____________________SECOND: ____________________VOTE: ________________

C) RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI AUTHORIZING THE CITY MANAGER TO ACCEPT A MITIGATION OFFER
IN THE AMOUNT OF _________FROM MARIO TRUJILLO ON CODE ENFORCEMENT
LIENS FOR CODE VIOLATIONS AT THE PROPERTY LOCATED AT 6510 SW 18TH
STREET, WEST MIAMI, FL; PROVIDING THAT IF PAYMENT IN FULL IS NOT PAID
IN __________THEN THE AMOUNT OWED SHALL REVERT TO THE ORIGINAL
AMOUNT; PROVIDING FOR EFFECTIVE DATE.

MOTION:____________________SECOND: ____________________VOTE: ________________

D) A RESOLUTION OF THE CITY OF WEST MIAMI, FLORIDA, AMENDING


RESOLUTION # 2018-66 AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY TO
PERFORM TRAFFIC ENGINEERING FUNCTIONS; PROVIDING FOR AN EFFECTIVE
DATE.

MOTION:_______________________SECOND:___________________VOTE:_______________

E) RECOMMENDATION BY THE OFFICE OF THE CITY MANAGER RE:


GOVERNMENTAL CONSULTING SERVICES TO BE AWARDED TO CONVERGE
GOVERNMENT AFFAIRS OF FLORIDA, INC.

F) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI APPROVING A NEGOTIATED CONTRACT WITH CONVERGE
GOVERNMENT AFFAIRS TO PROVIDE THE CITY WITH GOVERNMENTAL
REPRESENTATION AND CONSULTING SERVICES IN TALLAHASSEE, FL;
PROVIDING FOR AN EFFECTIVE DATE.

MOTION:_______________________SECOND:___________________VOTE:_______________

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G) FOLLOW UP REPORT, DISCUSSION AND REQUEST FOR UPDATE FROM CITY
ADMINISTRATION ON PRESENTATION BY ILLUMINATION TECHNOLOGIES.
(SPONSORED BY MAYOR RODRIGUEZ)

12. CONSENT AGENDA ITEMS:

A) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST MIAMI, WITH


ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST
MIAMI PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE,
PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI-
AGENCY ANTI-PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT
TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES.
(SPONSORED BY COMMISSIONER DIAZ-PADRON)
MOTION:_______________________SECOND:___________________VOTE:_______________

13. GOOD OF THE ORDER:

ADJOURNMENT:
MOTION TO ADJOURN BY: SECOND BY:
MEETING ADJOURNS:

NOTE:
* Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will
require a verbatim record of the proceeding upon which the appeal is based. Interested persons should, therefore, take the necessary steps to ensure that a
verbatim record of the proceedings is made which contains the testimony and evidence upon which the appeal is based. (F.S.286.0105)
* Any person wishing to address the City Commission on any item on the agenda shall register with the City Clerk prior to the item being heard. Prior to
making a statement, please state your name and address for the record.
* Any person requiring special accommodations for participation in the meeting should contact the City Clerk at 305 266-1122, with requests for auxiliary aids
or services at least two business days before the meeting.

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CITY OF WEST MIAMI
MINUTES

TOWN HALL MEETING


WEDNESDAY, SEPTEMBER 11TH, 2019
6:30 PM
WEST MIAMI RECREATION CENTER
REBECA SOSA MULTIPURPOSE FACILITY BUILDING
1700 SW 62ND AVE
WEST MIAMI, FLORIDA

The City Manager welcomed all to the Town Hall Meeting and called the meeting to order at
6:37 P.M. Present were Mayor Rhonda A. Rodriguez, Commissioner Candida Blanca,
Commissioner Juan M. Blanes and Commissioner Eric Diaz-Padron. Vice-Mayor Suarez
arrived at 6:45 P.M. The Mayor called for a moment of silence in remembrance of 9/11.

Also present were City Engineers Francisco Alonso and Jose Nessi.

City Attorney Jose Villalobos, City Manager Yolanda Aguilar, City Clerk Annery Gonzalez
and Director of Public Works Juan Pena were present.

ORDER OF BUSINESS:

1. PRESENTATION BY CITY ENGINEERS/T.Y.LIN INTERNATIONAL. Mayor Rodriguez


gave a brief introduction and yielded to the Director of Public Works. A video was played,
presented by the Director of Public Works.

In 2019, the City was awarded an appropriation from the State of Florida in order to
implement the first phase of the masterplan in the amount of $985,210.00.

City Engineer Francisco Alonso, provided a detailed explanation of the project and its phases.
Phase IA of the project will have an estimated beginning time of March 2020 with a Six (6)
month estimated project time.

The improvements in Phase IA will affect approximately 230 homes, and will yield a
significant impact to the extreme leaks being experienced by the City.

2. QUESTIONS AND ANSWERS. The City Engineer and Director of Public Works
answered questions from the public.

3. CLOSING REMARKS. The Mayor and the City Manager gave the closing remarks.

ADJOURNMENT. There being no further business the meeting was declared adjourned at
7:16 P.M.

RESPECTFULLY SUBMITTED BY:

_______________________________
ANNERY GONZALEZ, CMC
CITY CLERK

M- TownHallMtg 09/11/2019 Page 1 of 1


BUILDING
ENCROACHMENT
ORDINANCE # 2019-

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI VACATING, ABANDONING AND CLOSING THE PUBLIC EASEMENT FOR
THE ALAMEDA BUILDING #1 LEGAL DESCRIPTION A PARCEL OF LAND PORTION
OF THE EASEMENT RESERVED IN THE DECLARATION OF RESTRICTIONS,
RECORDED IN DEED BOOK 2648, PAGE 143 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE SOUTH 5.00 FEET OF LOTS 1, 2 AND 3, AND THE NORTH 5.00 FEET OF LOT 16
AND 17, ALL AS MEASURED AT RIGHT ANGLES, AND ALL WITHIN BLOCK 2 OF
RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 45 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS DESCRIBED IN THE SKETCH
ATTACHED HERETO AS COMPOSITE EXHIBIT A; A SURVEY OF THE PROPERTY IS
ATTACHED HERETO AS COMPOSITE EXHIBIT B AND HAS THE LEGAL
DESCRIPTION LOTS 1, 2, 3, 16 AND 17, BLOCK 2 OF RESUBDIVISION OF
SECOND REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT
THEREOF AS RECORED IN PLAT BOOK 44, AT PAGE 45 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND LOTS 35 AND 36, BLOCK 2
ALAMEDA, ACCORDING TO THE PLAT THEREOF AS RECORED IN PLAT BOOK
17, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the above-captioned easement description was dedicated for the exclusive
use of a water line serving the described parcels, and

WHEREAS, the portion of the easement to the east of the parcel described above will
remain as a water utility easement to serve the adjacent properties, and

WHEREAS, 6320 Holdings LLC filed an application to close that portion of Utility
Easement in the property represented by Folio # 15-4012-021-0150, as described in the sketch
and survey filed with the Application to Close Public Alley attached hereto as Composite
Exhibit A, and

WHEREAS, the applicant has rerouted the water lines from east to west to north to south
at their own expense; and

WHEREAS, properties to the east of the application will not be prejudiced by the
rerouting of the water lines and /or new easement, and

Ordinance # 2019- Page 1 of 3


WHEREAS, no interference to the interest and convenience of the public or individual
rights shall occur out of the vacation as described in this ordinance, and

WHEREAS, the vacation, abandoning and closing such easement will serve a public
purpose and benefit the public without violating property rights, and

WHEREAS, there are no other utilities presently serving the vacated easement, and

WHEREAS, a subsequent ordinance to be heard by the City Commission will entertain


the creation of a new north to south water utility easement.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF


THE CITY OF WEST MIAMI, FLORIDA AS FOLLOWS:

SECTION 1. The above recitals are herein adopted as if fully stated herein.

SECTION 2. The City Commission found that this action will serve a public purpose
and benefit the public without violating private property rights.

SECTION 3. That the Utility Easement at the property at 6320 SW 8 Street, as


described in the sketch and legal description attached herein as Composite Exhibit A is hereby
vacated, abandoned and closed and all rights of the City of West Miami and the private land in
and to said location are hereby renounced and disclaimed and any and all costs shall be borne
by the Applicant.

SECTION 4. Applicant 6320 Holdings LLC shall hold the City of West Miami harmless
and will indemnify the City in the event of any litigation against the City of West Miami or cost
incurred in the vacating, abandoning and closing of the easement.

SECTION 5. That the procedure used in the adoption of this Ordinance is expressly
ratified and approved.

SECTION 6. That the City Clerk is hereby directed to publish notice of the adoption
of this Ordinance one time within thirty (30) days hereafter in a newspaper of general
circulation in the City of West Miami.

SECTION 7. This ordinance shall become effective upon its passage.

SIGNATURE PAGE FOLLOWS

Ordinance # 2019- Page 2 of 3

PASSED AND ADOPTED this 2nd day of October 2019.


Approved:

Mayor Rhonda A. Rodriguez

Attest:

Annery Gonzalez,
City Clerk, CMC

Approved as to form and sufficiency:

Jose A. Villalobos,
City Attorney

Roll Call:
Mayor Rhonda A. Rodriguez
Vice-Mayor Luciano L. Suarez
Commissioner Candida Blanca
Commissioner Juan M. Blanes
Commissioner Eric Diaz Padron

Ordinance # 2019- Page 3 of 3


BUILDING
ENCROACHMENT
ORDINANCE # 2019-

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI DEDICATING A UTILITY EASEMENT FOR THE ALAMEDA BUILDING #1
LEGAL DESCRIPTION, A PARCEL OF LAND BEING THE WEST 2.00 FEET LESS
THE NORTH 5.00 FEET THEREOF, ALL AS MEASURED AT RIGHT ANGLES, OF
LOT 16 OF BLOCK 2 OF RESUBDIVISION OF SECOND REVISED PLAT PORTION
OF ALAMEDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44, PAGE 45 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA AS DESCRIBED IN THE SKETCH ATTACHED HERETO AS EXHIBIT A; A
SURVEY OF THE PROPERTY IS ATTACHED HERETO AS COMPOSITE EXHIBIT B
AND HAS THE LEGAL DESCRIPTION LOTS 1, 2, 3, 16 AND 17, BLOCK 2 OF
RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA,
ACCORDING TO THE PLAT THEREOF, AS RECORED IN PLAT BOOK 44, AT PAGE
45, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND LOTS 35
AND 36, BLOCK 2 OF ALAMEDA, ACCORDING TO THE PLAT THEREOF, AS
RECORED IN PLAT BOOK 17, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, by Ordinance number the City Commission vacated, abandoned


and closed that certain utility easement described in said ordinance which is incorporated by
reference as Composite Exhibit C, and

WHEREAS, That certain easement vacated, abandoned and closed by action of the City
Commission will be rerouted north to south according to a sketch attached herein as Composite
Exhibit A, and

WHEREAS, the north to south utility will service properties to the east and west of the new
utility easement, and

WHEREAS, 6320 Holdings LLC filed an application to dedicate that portion of Utility
Easement in the property represented by Folio # 15-4012-021-0150, as described in the sketch
filed with the Application to Dedicate Public Alley attached hereto as Composite Exhibit A, and

Ordinance # 2019- Page 1 of 3


WHEREAS, applicant to this next easement dedication will perform necessary work at
their sole expense, and

WHEREAS, no interference to the interest and convenience of the public or individual


rights shall occur.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE


CITY OF WEST MIAMI, FLORIDA AS FOLLOWS:

SECTION 1. The above recitals are herein adopted as if fully stated herein.

SECTION 2. The City Commission found that this action will serve a public purpose
and benefit the public without violating private property rights.

SECTION 3. That the application to dedicate a Utility Easement at the property at 6320
SW 8 Street, as filed by the applicant is hereby granted.

SECTION 4. That Applicant shall reroute that certain easement as described in


Composite Exhibit B at their own expense.

SECTION 5. Applicant 6320 Holdings LLC shall hold the City of West Miami harmless
and will indemnify the City in the event of any litigation against the City of West Miami or cost
incurred in the dedication of the easement.

SECTION 6. That the procedure used in the adoption of this Ordinance is expressly
ratified and approved.

SECTION 7. That the City Clerk is hereby directed to publish notice of the adoption of
this Ordinance one time within thirty (30) days hereafter in a newspaper of general circulation in
the City of West Miami.

SECTION 8. This ordinance shall become effective upon its passage.

SIGNATURE PAGE FOLLOWS

Ordinance # 2019- Page 2 of 3


PASSED AND ADOPTED this 2nd day of October, 2019.

Approved:

Mayor Rhonda A. Rodriguez

Attest:

Annery Gonzalez,
City Clerk, CMC

Approved as to form and sufficiency:

Jose A. Villalobos,
City Attorney

Roll Call:
Mayor Rhonda A. Rodriguez
Vice-Mayor Luciano L. Suarez
Commissioner Candida Blanca
Commissioner Juan M. Blanes
Commissioner Eric Diaz Padron

Ordinance # 2019- Page 3 of 3


SECTION 12 - TOWNSHIP 54 SOUTH - RANGE 40 EAST ALTA / ACSM LAND TITLE SURVEY

SW 63RD CT
SCHEDULE B II DOCUMENT'S REVIEW COMMENTS:
SW 5TH ST
Subject to the following exceptions of Schedule B, Section II of the Title Commitment prepared by Old Republic National Title
Insurance Company, Order No: 583434, with an effective search date covering up to May 7, 2018 at 11:00 P.M. and
furnished to the undersigned Professional Surveyor and Mapper to show any matters of record affecting the subject
property, the same being more detailed as follows:

SURVEYOR'S NOTES: Items # 1 through # 4, #15, #20-#22, inclusive, contain general conditions that have been addressed on this Survey Map or
falls outside the purview of the Land Surveying profession.
DATE OF FIELD SURVEY:
SW 6TH ST 61. Savings and Loan Association Item # 5. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of ALAMEDA, as
The date of completion of the original field Survey was on May 11, 2015. (CVS Pharmacy Site). 62. Secretarial Service recorded in Plat Book 17, Page 81, Public Records of Miami-Dade County, Florida. (Parcel 1)
Does not affect.

SW 61ST AV
The date of completion of the original field Survey was on December 1, 2015. (Ambassador Site). 63. Sewing Machine Sales & Service

SW 60TH CT
The completion of the Map of Survey was on December 4, 2015. 64. Shoe repair shops
Item # 6. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of RESUBDIVISON OF

SW 62ND CT
Revision 1: Additional topographic information was added on December 29, 2015 as per Client's request. 65. Shoe stores (retail sales)
Revision 2: This Map of Survey was revised on April 5, 2016 to combine the Boundary Surveys prepared for the CVS Pharmacy and 66. Sporting goods (retail sales) SECOND REVISED PLAT PORTION OF ALAMEDA, as recorded in Plat Book 44, Page 45, Public Records of Miami-Dade County,
the Ambassador Sites. 67. Stamp Dealer Florida. (Parcels 1 and 2)
SW 64TH CT

Revision 3: Survey was revised to reflect new title commitment on June, 25 2018. 68. Stationery and office supplies (retail sales) Affects the Subject Property and, if applicable, as shown on the Map of Survey.
69. Telephone Sales & Service
LEGAL DESCRIPTION: 70. Tool repair
71. Toy Store Item # 7. Easement reserved in the Declaration of Restrictions recorded in Deed Book 2648, Page 143, release of Deed
SUBJECT Parcel 2: 72. Travel agency
Restrictions recorded in O.R. Book 7444, Page 947, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)

SITE Lots 9 and 10, Block 1, RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA, according to the Plat thereof as
73. Upholsterers Contains blanket conditions that affect the Subject Property. Easements and restrictions were further released by record

TAMIAMI TRAIL US No. 41 recorded in Plat Book 44, Page 45, Public Records of Miami-Dade County, Florida. ORDINANCE #2005 -02, amends previous sections of Ordinance 282 as described as follows:
instrument (O.R.B. 7444, Pg. 947).

SW 8TH STREET Item # 8. Easement reserved in instrument recorded in Deed Book 1115, Page 174, Release of Reverter recorded in Deed
(Exhibit "A" of Commitment for Title Insurance prepared by Fidelity National Title Insurance Company, Commitment No. 583434, "C" Commercial District: Book 4298, Page 94, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)
with an effective date of May 7, 2018). Zoned commercial properties for development of apartments, condominiums, commercial offices and or a mixed use of
SW 64TH AV

the categories described above are allowed as follows: Contains blanket conditions that affect the Subject Property. However the easements dedicated by this instrument were
automatically abandoned and vacated by virtue of the replat of said lands.
Containing 25,010 Square Feet or 0.57 Acres (Net Area), more or less, and 41,386 Square Feet or 0.95 Acres (Gross Area), more or
less, by calculations. 1. Building Height:
Ninety (90) feet of building height with five (5) foot of parapet including all equipment and ornamental features shall be Item # 9. All of the terms and provisions set forth and contain in that certain Lease between First Kos, Inc., as Landlord, and
SW 9TH ST the established height. Jack Eckerd Corporation, as Tenant, as referenced by Short Form of Lease by and between First Kos, Inc., as Landlord, and
Property Addresses and Property Tax Folio Numbers: Jack Eckerd Corporation, as Tenant, dated September 1, 1989, recorded October 3, 1989, in Official Records Book 14277,
SW 63RD AV

a. All buildings in the "C" Commercial shall have a maximum of eight-story structure. Page 2816, Public Records of Miami-Dade County, Florida. (Parcel 1) This exception may be deleted upon compliance with
6290 SW 8 Street, West Miami, Florida 33144 number 8 in B-I.
i. This includes roof system. It excludes a basement located completely below grade (grade to be established by the height
Folio No. 15-4012-021-0160 of the existing sidewalk). Does not affect.
a. There shall be a maximum height of ninety-five (95') feet measured from the sidewalk to the highest point of the
SW 10TH ST ZONING INFORMATION: structure. The required arcade and the roof shall have a minimum height of thirteen (13') feet; the balance of the
Item # 10. Notice of Filing Lease Agreement between Eckerd Drugs (Lessor) and First American Telecommunications
ninety-five (95') feet shall be distributed as determined by the Architect, Florida Building Code and the City Design Guide.
Corporation (Lessee) recorded in O.R. Book 18461, Page 2333, Public Records of Miami-Dade County, Florida. (Parcel 1) This
Zoning Designation: exception may be deleted upon compliance with number 9 in B-I.
b. The roof shall be a Mansard design with a sixty-degree angle or as approve by the Design Guide as meeting the design
C (Commercial / Mixed Use District) intent. Does not affect.
Existing Land Use: Motel
SW 10TH TE c. The roof systems shall include a dormer type of window, which aligns with the vertical alignment of the windows directly Item # 11. Resolution #2016-16 vacating, abandoning and closing the Street of SW 63 Avenue between SW 9 Street and SW
(Zoning designation was based upon the City of West Miami Official Zoning Map, last dated on January 31, 2013 and the City of below. 8 Street recorded in O.R. Book 30276, Page 2564, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)
West Miami Ordinance No. 282, passed and adopted on February 1, 1967 and Ordinance No. 2005-02, passed and adopted on
SW 11TH ST March 16, 2005). 4. Off-Street Parking: Affects the Subject Property and, if applicable, as shown on the Map of Survey.
a. One level of underground parking is permitted.
The following information was provided by the City of West Miami Ordinance No. 282, passed and adopted on February 1, 1967 Item # 12. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30910, Page 3548,
SW 11TH ST and Ordinance No. 2005-02, passed and adopted on March 16, 2005). b. Off-Street Parking shall meet all concurrency requirements and shall implement the Miami- Dade County Off-Street Public Records of Miami-Dade County, Florida. (Parcel 1)
VICINITY MAP Parking Ordinance.
Does not affect.
4.3 "C" USE DISTRICTS (87-04) c. All developments shall require a "traffic study" as part of the Off-Street Parking requirements. Traffic study must meet all
(As defined in Ordinance No. 282): concurrency issues with traffic, curb cut locations and transit related issues of State and County agencies. Item # 13. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30935, Page 4500,
Public Records of Miami-Dade County, Florida. (Parcel 1)
4.31 In the "C" district no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed, d. All off-street parking shall meet the parking table in the Zoning Ordinance 282 Section 5.
Affects the Subject Property and, if applicable, as shown on the Map of Survey.
enlarged or altered, which is designed, arranged or intended to be used for any purpose, unless a Special Use Permit is obtained
under Section 2A, except one or more e. The overall height of the parking garage shall not exceed Fifty (50') feet in a Commercial or Apartment District and thirty
of the following uses: five (35') feet in an R5 (commercial off-street parking) District. Item # 14. Overhead wires encroaching onto the Land appearing on that certain ALTA/ACSM Survey from Royal Point
Surveyors, Inc., under Job No. O7-L184. (Parcel 1)
f. The setback for the parking garage in Commercial and Apartment District shall be twentyfive
1. Accounting offices Does not affect.
(25') feet from the property line abutting any R1, R2, R3 and R4 Districts. The setback for parking garage in an R5
2. Administration offices (commercial off-street parking) district shall be twenty five (25') feet from the property line abutting any R1 and R2 District.
3. Advertising agency, detective agency
Item # 16. Agreement and Unity of Title recorded in Deed Book 3954, Page 239, Public Records of Miami-Dade County,
4. Air conditioning Sales & Service g. A twenty-five (25') feet service alley shall be required on parcels abutting to the rear of R1, R2 and Apartment Districts.
Florida. (Parcel 2)

SUBJECT 5. Antique and curio shops


6. Architects offices
7. Art Gallery
h. A fifteen (15') feet landscape buffer shall be required in the twenty-five feet setback for "R5" district. Affects, Not Plottable.

i. All buildings shall not encroach into the vertical plane established by the intersection of the building's vertical wall and a

SITE 8. Attorneys-at-law offices


9. Bakery (retail sales on premise)
10. Banks and stock exchange offices
60-degree angle beginning at the top of roof elevation of the portion of building facing R1, R2, R3, R4 and A Districts at the
corresponding setbacks which dimension shall not exceed thirty-five (35') feet in height.
Item # 17. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30918, Page 2858,
Public Records of Miami-Dade County, Florida. (Parcel 2)
Affects, Not Plottable.
11. Barber shops and beauty parlors 4.34. No front setback beyond the zoned street line, no rear setback beyond the utility easement, and no side setbacks will
12. Bicycle sales and repairs, new and used (non-motorized) be required; provided, however, that whenever any single family dwelling, duplex dwelling, or multi-family dwelling is
constructed in a "C" Use District, front, side and rear setbacks will be required as follows: Item # 18. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30935, Page 4472,
13. Bond or investment dealers Public Records of Miami-Dade County, Florida. (Parcel 2)
14. Cabinet Maker (a) For single family dwellings and duplex dwellings setbacks shall be required as provided in Section 4.15 of this Ordinance. Affects the Subject Property and, if applicable, as shown on the Map of Survey.
15. Carpet Cleaning (b) For multi-family dwellings of more than two dwelling units, setbacks shall be required as provided in Section 4.25 of this
16. Ceramic Shop Ordinance.
17. Clothiers, Tailors, retail clothing stores Item # 19. Five feet utility easement on the North side of Lot 10, Block 1; Encroachment of asphalt parking and wood fence
18. Coin Dealer ACCURACY: onto five feet utility easement on the North side of lot 10 Block 1; Wood fence extending beyond property lines on the
Southeast side of Lot 9 Block 1, as shown by that certain survey dated April 27, 2004, prepared by Aniano J. Garcia, P.L.S.M.,
19. Coffee Bar
The accuracy obtained by field measurement methods and office calculations of closed geometric figures meets and job # 04-0798. (Parcel 2)
20. Collection Agency
exceeds the Minimum Technical Standards requirement for Commercial/High Risk area: (Linear 1 foot in 10,000 feet) as Affects the Subject Property and, if applicable, as shown on the Map of Survey.
21. Confectionery and ice cream and beverage stores (nonalcoholic) defined in Rule 5J-17.051 of the Florida Administrative Code.
22. Cosmetics
SURVEYOR'S CERTIFICATE:
23. Data Processing service Elevations of well identified features as depicted on the Survey Map were measured to an estimated vertical position
24. Delivery Service (Messenger) accuracy of 1/100 of a foot on hard surfaces and 1/10 of a foot on ground surfaces.
To:
25. Drafting Service
Well identified features as depicted on the Survey Map were measured to an estimated horizontal position accuracy of 6320 Holdings, LLC, a Delaware limited liability company (Parcel 1)
26. Dry Cleaning Agency (no work on premises)
1/10 of a foot. Alameda Holdings LLC, a Delaware limited liability company doing business in the State of Florida as Alameda Holdings
27. Electrical supply store Casastudio LLC (Parcel 2)
28. Electronic Sale This Map of Survey is intended to be displayed at a scale of one inch equals Twenty feet or smaller. Old Republic National Title Insurance Company
29. Engineering offices Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado L.L.P.
30. Ethical pharmacy PERTINENT INFORMATION USED IN THE PREPARATION OF THE MAP OF SURVEY:
31. Fabric Store (i) This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016
North arrow direction is based on an assumed Meridian. Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and
32. Financial Planning Consultants
33. Floor, wall & ceiling coverings NSPS, and includes Items 1, 2, 3, 4, 6(b) (as provided by the City of West Miami and Miami-Dade County Property Appraiser's
Bearings shown hereon are based upon the centerline of S.W. 8th Street with an assumed bearing of N89°28'12"E, said line Office Web Site), 7(a), 7(b)(1), 7(c), 8, 9, 11(a), 13, 14, 16, 18 and 19 of Table A thereof.
34. Florist to be considered a well established and monumented line.
35. Food Market (except live animals or poultry)
(ii) This survey correctly shows the location of all buildings, structures and other improvements situated on the above
36. Foreign Currency Exchange offices For Vertical Control: premises. There are no visible encroachments on the subject property or upon adjacent land abutting the property. This
37. Furniture sales (retail store) Survey was made in accordance with laws and/or Minimum Standards of the State of Florida.
38. Glass & Mirror Sales including cutting, fitting and framing All elevations shown hereon are based on the National Geodetic Vertical Datum of 1929, and Benchmark supplied by the
Public Works and Waste Management Department of Miami-Dade County, Florida.
39. Gunsmith and repairs (retail sales) (iii) The subject property is the same as the property described in the Exhibit "A" of the Title Commitment cited on this
40. Hardware store (retail sales) Surveyor's Report. I have plotted all easements, covenants and restrictions referenced in the Title Search Report and
Benchmark Used: F-238
LOCATION MAP 41. Home appliance store (retail sales & repair) Elevation: 11.44 Feet (NGVD 29)
Longitude Surveyors, LLC search efforts and I have otherwise noted their effect on the subject property.
42. Insurance offices Description: US Coast & Geodetic brass disc in north face of wall of a grocery store building located at SW 8th Street (54'
South of South curb & SW 63rd AVENUE (330' SW of center of intersection). (iv) The subject property has direct access to SW 63rd Avenue, SW 8 Street and SW 9 Street, both dedicated public roads.
43. Interior decorating, costuming,
NOTICE: draperies (retail sales)
This property appears to be located in Flood Zone "X", as per Federal Emergency Management Agency (FEMA) Community (v) There is no observed evidence of current earth moving work, building construction or building additions on the Subject
LEG END 44. Jewelry and watch repair (retail sales) Property.
This Document is not full and complete without CONC.
R
= CONCRETE
= RECORDED VALUE
ML = MONUMENT LINE
= OVERHEAD WIRE
45. Locksmith
Number 120662 (City of West Miami), Panel No. 0293, Suffix L, Map Revised Date: September 11, 2009.

46. Luggage (retail sales)


all pages. (Total of Two (2) pages) M
(C)
= MEASURED VALUE
= CALCULATED
= WATER VALVE
= WATER METER 47. Marine Hardware (no installation or
Plat of "RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA", recorded in Plat Book 44, at Page 45, of the
Public Records of Miami-Dade County Florida.
(vi) There is no observed evidence of changes in street right of way lines or recent street or sidewalk construction otherwise
shown in Map of Survey.
C.B.S.= CONCRETE BLOCK STUCCO
= FIRE HYDRANT
CL = CENTERLINE repairs on premises)
= TEMPORARY SITE BENCHMARK
P.B. = PLAT BOOK
= HEDGE OR LANDSCAPED AREA 48. Medical and Dental Office Plat of "ALAMEDA", recorded in Plat Book 17, at Page 81, of the Public Records of Miami-Dade County, Florida. (vii) There is no observed evidence on the Subject Site to be used as a solid waste dump, sump or sanitary landfill.
PG. = PAGE
M.F. = METAL FENCE = CLEAN OUT 49. Medical Equipment & Supplies Sales-Rental Service
= WOOD POWER POLE = SANITARY SEWER MANHOLE Plat of "FAIR LAWN", recorded in Plat Book 8, at Page 83, of the Public Records of Miami-Dade County, Florida. (viii) There is no observed evidence of Wetlands in the Subject Site.
= GUY ANCHOR = STORM DRAINAGE MANHOLE
50. Mobile Telephone Sales & Service
= CONCRETE POWER POLE = UNKNOWN MANHOLE 51. Mortgage Broker offices Corporation Certificate, recorded on September 12, 2014, in Official Records Book 29306, at Page 2872 of the Public
= ORNAMENTAL PLANT = FPL MANHOLE 52. Mortgage Company offices (ix) That the building setbacks and building heights are in compliance with the zoning requirements and the zoning
Records of Miami-Dade County, Florida.
= BOLLARD C.L.F. = CHAIN LINK FENCE designation.
S U R V E Y O R S = SIGN
= PALM TREE
M.F.
W.F.
=
=
METAL FENCE
WOOD FENCE
53. Music stores, radio and television
(retail sales & repair) SURVEYOR'S OPINION AS TO UTILITIES:
= MAILBOX LONGITUDE SURVEYORS LLC., a Florida Limited Liability Company
= TREE 54. Optical Sales
7715 NW 48th STREET, SUITE 310 = CHAIN LINK FENCE = SIGNAL MAST ARM
55. Pet Grooming (no overnight boarding or services)
Based on above ground physical evidence, the subject property appears to be served by the following utilities. Florida Certificate of Authorization Number LB7335
= WOOD FENCE = STREET LIGHT SIGNAL
DORAL, FLORIDA 33166 = METAL FENCE = BRICK 56. Photo processing
- Electricity: Florida Power & Light Company
- Telephone: AT&T, ATT-Uverse, Comcast
= COLUMN
PHONE:(305)463-0912 FAX:(305)513-5680 G = GAS VALVE
= CONCRETE
= PAVER
57. Printer - Water & Sewer: Miami-Dade County Water and Sewer Department
= CATCH BASIN
WWW.LONGITUDESURVEYORS.COM = ORNAMENTAL LIGHT
= TILE
= STAMPED CONCRETE
58. Real estate broker and sales offices
STATEMENT OF ENCROACHMENTS:
By: ________________________________________________________
= ORNAMENTAL LIGHT POLE 59. Residential uses may be permitted as a combination of Eduardo M. Suarez, PSM Signature Date:
= LIGHT POLE = ASPHALT
A = ARC
permitted business uses and residential uses housed in Registered Surveyor and Mapper LS6313
= FLAG POLE This survey shows the location of all buildings, structures and other improvements situated on the attached premises. There
R = RADIUS L = LENGTH the same building: the floor area of the residential use State of Florida
ID. = IDENTIFICATION = ANGLE OF THE CURVE are no visible encroachments on the subject property, or upon adjacent land abutting the property, except as follows:
JOB NO.: 15572 DRAWN BY: JS LP = LIGHT POLE
Δ
= ORNAMENTAL LIGHT POLE
shall not exceed fifty percent (50%) of the floor area of
the building. NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or
FIELD BOOK: EFB SHEET 1 OF 2 60. Rug and carpet (retail sales)
1. One inch Building encroachment, at its Southeast corner, along the West Boundary Line of the Subject Site.
deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party.
JOB NO.:
NOTICE:

FIELD BOOK: EFB


15572
DORAL, FLORIDA 33166
7715 NW 48th STREET, SUITE 310

WWW.LONGITUDESURVEYORS.COM

SHEET 2 OF 2
all pages. (Total of Two (2) pages)

S U R V E Y O R S

PHONE:(305)463-0912 FAX:(305)513-5680

DRAWN BY: JS
This Document is not full and complete without
TITLE SURVEY
ALTA / ACSM LAND

9.
28 9.
35
9.

GRASS PARKWAY VARIES


72

9. PARKWAY VARIES
20

68
67

14

L=39.18'
9. 9.

R=25.00'
06 03
L=39.35'

9.
8.
R=25.00'

9.

x 40

(#5)
8.
69

9.
W

Tan=24.91'
85
50

9. 19
0.5' CONC. CURB
(#15)

9.13

D=89°47'58"
Tan=25.08'

30.0'

02 8.

SS
x
D=90°11'33"

80

30.00' (C)
9.

9.
FOUND NAIL

FOUND NAIL
42

ASPHALT PAVEMENT VARIES

S89°27'43"W
IN PAVEMENT

30
1/2"Ø IRON PIPE

30.0'
IN CONCRETE

x
9.
9. LB7335 [SET] 10

9.
.4

2
52

10
44
9. 9. 5

51

.0
TRAFFIC

1
52 54

7
S00°20'15"E 331.10'

MARKING
9.

10

9. 10 10 10
10
.
.1

9. .3
87

9. 59 9. 99. .3 .4
9.
3

9.

9.
5 4

1
61 6
9.

9.
12

9.
(#17)

11 1.17
62 8

x
56
65

0.
63

9. 9. 9. 9. 9. 9. 64 85
59

1
37 56 48 91 9 TRAFFIC

07
30 57 9.

PLANTER
0.
43

5
9. 9. .48
MARKINGS
9.47

6
46 47

9.
TRAFFIC 60' TOTAL PUBLIC R/W

85
9.
MARKINGS
SW 63rd AVENUE
BRICK

38 8.
(C)

3
(P.B. 44, PG. 45) 96
9.

BRICK
49

30.0'
30.0'

9.

9. 8.
1
9.

8. 74
2
19

19

9.
L=39.19'

9.
17

89
R=25.00'
0.36' WEST

07
FOUND NAIL

25
8.
0.72' NORTH

8
8.

9.
25

2 PARKWAY VARIES
23

(NO CAP)
30.00' (C)
38
& DISC (NO ID)

9.
20
24
Tan=24.92'

BRICK
88

GRASS PARKWAY VARIES 3


21

9.
3

IRON REBAR
FOUND 1/2'"
D=89°48'27"

S89°27'43"W
(#16)

0.23' EAST
IRON PIPE
FOUND 1/2"

(NO CAP)

0.10' NORTH
9.

(E)

9.

9. HEDGE
(E)

9.

9.
1.5'

9.
SS

5.5'

9.
47

HEDGE 9.
0.3'

30 35
10

54 47
07

9.
(#19)

9. 9.08 47
9.

S00°20'15"E
22

9.

06 12
266.09' (R) (TOTAL)
PC

9. S00°20'15"E
13

07

30.00' (C)
9.

10

04
10

10
9.

35.00' (C)
81

9.
.1

HEDGE
PT
22

HEDGE S00°20'15"E 216.09' (C) .5


9

81

66
6
4.8'

9S00°20'15"E 8.
9

9.
9. .91. 9.
00 7 9.

01
9.

113 9. 7 10
35 3.2' 24.4' 9.
23

125.8' 112.7' 10 .4 70
8
0.3'

.4
7

9. TWO STORY C.B.S. BUILDING No. 6290 8


(E)

9. 9.
2.4'

00
9.0'

13 93
6' HIGH 10
FINISH FLOOR ELEV.= 11.05 0.4' .1 10
(NO ID)

9. 9. 9.
69 3 WOOD FENCE .0

BRICK
34
2 2
9.

BLDG HEIGTH = 21.6 FEET


E

19.1'

44
0.31' EAST

9.
BLDG FOOTPRINT AREA = 2,214 SQUARE FEET ± 97
10.5'
IN CONCRETE

(#6)
SIGN
1' HIGH

10
FOUND PK NAIL

10
C.B.S ST.

115.5' .5 .5
PT

8. 5 3
(C)

98 30.0' 24.8'
PC
SW

1.8'
9.
3 PARKING SPACES

(N) ITEM # 19
00

8.
ASPHALT
L=39.36'

98

LOT 12
5' UTILITY EASEMENT
R=25.00'
10

9.
10
ASPHALT
.1

PAVEMENT
16.0'

8.
00
.4
1

87 (DEED BOOK 2648, PG. 143) 10 1


Tan=25.09'

8. .5 PAVEMENT
98 9
D=90°12'00"
9.

9.
9.
ASPHALT 16.5'
61

97 10
42 PAVEMENT .3
LOT 20

24.8' 6
( TAMIAMI TRAIL )

12 13
8th

41.8'
N89°28'12"E 125.00' (C)

LOT 9

16

10 10
10

10
.

10 10
10

.0 .3 10
6

6 .5
20.8'

.6 .3
.1

9
13

9 .6
20.9'

9 3
3

0
ASPHALT

3 PARKING SPACES
PAVEMENT

14 17
5 PARKING SPACES
N89°28'12"E

LOT 10
5 PARKING SPACES

8.9' 8.4' 16.5'


(P.B. 44, PG. 45)

9. 10
7 PARKING SPACES

BLOCK 5
9. 78 .3
15 9.
9.
32 3
70' TOTAL PUBLIC R/W

95
8
4.9'

"ALAMEDA"
8.
61
18 15

108.0'
TS

(P.B. 17, PG. 81)


TWO STORY C.B.S. BUILDING No. 6290
70.08' (C)

15' GRASS PARKWAY


6' HIGH
CBS WALL

FINISH FLOOR ELEV.= 11.00


STREET

24.2'

ASPHALT
N89°28'12"E 95.00' (R) (TOTAL)

24' ASPHALT PAVEMENT


S89°27'45"W 69.91' (C)
PAVEMENT
53' ASPHALT PAVEMENT

ASPHALT

BLDG HEIGTH = 21.6 FEET


19.2'

6' HIGH
PAVEMENT

LOT 11
PLANTER

5
2' CURB & GUTTER

S89°27'45"W 95.00' (R&M) (TOTAL)

WOOD FENCE BLDG FOOTPRINT AREA = 2,775 SQUARE FEET ±


S89°27'45"W .97 125.00' (C)

24.9'
9.

SW 9th STREET
9.

9. 9. 115.5'
59

5 125.7'
4

10
63
LOT 19

01 ITEM # 13 & 18 3
10

9.01

10 10 .5
2
.5

.3 .5
2

EAST INV.: 4.30


RIM ELEV.: 8.70

7
3 PARKING SPACES

WEST INV.: 2.20

4' HIGH CHAIN 1


8

1.1' 3' UTILITY EASEMENT


24" Ø METAL PIPE

24" Ø CONC. PIPE


(#6) CATCH BASIN
28

ASPHALT 7' HIGH ROOF ASPHALT S00°20'15"E


9.7'

10
BOTTOM ELEV.: 1.50

(N) (O.R.B. 30935- PG. 4500) LINK FENCE


9.5'

METAL FENCE .4
S00°20'15"E 9. PAVEMENT OVERHANG PAVEMENT 8 35.00' (C)
15 10 10 10 10 10
30.00' (C) 10 10
1

10 10
.2 10 10 .4 10 10 .5 .2 .2 .4 .8 .4 .2
1
10

8. 8 9
8 3
(P.B. 8, PG. 83)

10 8 .3 .3 0 .4 .6 9 2
10
.3

64 7
64

7 1
.

10 266.08' (R) 7
( US No. 41 )

S00°20'15"E
9

9. .4
10
11

(#7)

0
.

.5
12

9. CONCRETE 6' HIGH


49

01 9.
7 6' HIGH 10 ASPHALT 10
1

8. 5
.7

07 .4
10

.5 10
ASPHALT
10

61 CONCRETE 4 .3
10
METAL FENCE 4
ON

A/C PAVEMENT
10.3'
0. LINE

WOOD FENCE .4
(W)
10.0'.48

10 6
(E)

3.0'
10.2'
(E)
0.2'

4
10.2'

PAVEMENT
0.2'

(E)
0.2'

.2
0.4'

9. CONCRETE 10 A/C 10 10
10

29 .7 .7 10 10
0 .7
.6

6 11
BLOCK 34, "FAIR LAWN"

10

48.2' 6 .9 .8
9

.1 0 5
.5

25.0' 70.0' 5
10
1

26

ITEM # 19
6.7'

TILE
10

.5

10
4
.3

3.80

9.
.5
LOT 18

1
7

9. 5' UTILITY EASEMENT


4

10

8
0.28' EAST

11
.2

ONE STORY C.B.S.


FOUND NAIL

(NO CAP)

(DEED BOOK 2648, PG. 143) .2


IRON PIPE

ONE STORY C.B.S. 3 10


FOUND 1/2'"
CONC. SIDEWALK

CONCRETE COMMERCIAL BUILDING No. 6260 .6


8
RESIDENTIAL BUILDING No. 6277
4' CONC. SIDEWALK
FENCE

GRASS
4' HIGH
& DISC "PLS 3064"

10
26.2'

10 10 10 10
7.1'

.7 .6
27
CHAIN LINK

.5 10
9 .9
10

0 5 .1 .4 10
0 1 10
.2

BLOCK 1 3
10 .8
40.1'

10
1

10 .7 .6 4
.8 8 5 .5
9. 8 5
9. 3 9
TILE

9.
8. 2 .2 33
91 4
STAMPED

9. 10
CONCRETE

8. 8 .0
"RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA"
44.1'
3.8'

76
11.7'

RIM ELEV.: 8.42


10

24" Ø METAL PIPE


24" Ø METAL PIPE
(#7) CATCH BASIN

10
.7

10
0

.4
BOTTOM ELEV.: 2.02

8
POOL

LOT 8
TILE

.7
NORTHEAST INV.: 4.27

CONCRETE
SOUTHWEST INV.: 3.77

(P.B. 44, PG. 45) 3


14.0'
3.9'

FOLIO No. 15-4012-021-0040


BLOCK 5

8.
82 9. 10
GRASS
6' HIGH

9.
2 2 9. 9 10 FOLIO 1No. 15-4012-021-0070 ADDRESS: 6260 SW 8th STREET .8
7.1'

0.
5 .9 .2 1 24.7' 3
10
WOOD FENCE

ADDRESS: 6277 SW 9th STREET 10 10 10 10


.4 OWNER: VKD, INC. .5
CONCRETE .5 10 1 .9 .5
(P.B. 44, PG. 45)
10

0 .6 0 9 2
.2

8. 8. 8. 4
3

OWNER: ENRIQUE GAMEZ & NANCY GAMEZ


9.

62 92 85
CONC.
16

"RESUBDIVISION OF

10
HILARIO LLANES & ELBA LLANES .3 10 10
2 .2 .3
6
PORTION OF ALAMEDA"
SECOND REVISED PLAT

1
0
10

SCALE
1" = 20'
20
ORDINANCE # 2019-

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI VACATING, ABANDONING AND CLOSING THE PUBLIC EASEMENT FOR
THE ALAMEDA BUILDING #2 LEGAL DESCRIPTION A PARCEL OF LAND PORTION
OF THE EASEMENT RESERVED IN THE DECLARATION OF RESTRICTIONS,
RECORDED IN DEED BOOK 2648, PAGE 143 OF THE PUBLIC RECORDS OF MIAMI
DADE COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE SOUTH 5.00 FEET OF LOT 9, AND THE NORTH 5.00 FEET OF LOT 10, ALL AS
MEASURED AT RIGHT ANGLES, AND ALL WITHIN BLOCK 1 OF RESUBDIVISION
OF SECOND REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 45 OF THE PUBLIC RECORDS
OF MIAMI - DADE COUNTY, FLORIDA AS DESCRIBED IN THE SKETCH ATTACHED
HERETO AS EXHIBIT A; A SURVEY OF THE PROPERTY IS ATTACHED HERETO AS
COMPOSITE EXHIBIT B AND HAS THE LEGAL DESCRIPTION LOTS 9 AND 10,
BLOCK 1, OF RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE
45, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.

WHEREAS, the above-captioned easement description was dedicated for the exclusive
use of a water line serving the described parcels, and

WHEREAS, parcels 9 and 10 of the above-described properties were purchased by the


same owners who presently will file the appropriate Unity of Title, and

WHEREAS, the portion of the easement to the east of the parcel described above will
remain as a water utility easement to serve the adjacent properties, and

WHEREAS, Alameda Holdings LLC filed an application to close that portion of Utility
Easement in the property represented by Folio # 15-4012-021-0060, as described in the sketch
and survey filed with the Application to Close Public Alley attached hereto as Composite
Exhibit A, and

WHEREAS, the applicant has rerouted the water lines from east to west to north to south
at their own expense; and

Ordinance # 2019- Page 1 of 3

WHEREAS, properties to the east of the application will not be prejudiced by the
rerouting of the water lines and /or new easement, and
WHEREAS, no interference to the interest and convenience of the public or individual
rights shall occur out of the vacation as described in this ordinance, and

WHEREAS, the vacation abandoning and closing such easement will serve a public
purpose and benefit the public without violating property rights, and

WHEREAS, there are no other utilities presently serving the vacated easement, and

WHEREAS, a subsequent ordinance to be heard by the City Commission will entertain


the dedication of a new north to south water utility easement.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF


THE CITY OF WEST MIAMI, FLORIDA AS FOLLOWS:

SECTION 1. The above recitals are herein adopted as if fully stated herein.

SECTION 2. The City Commission found that this action will serve a public purpose
and benefit the public without violating private property rights.

SECTION 3. That the Utility Easement at the property at 6290 SW 8 Street, as


described in the sketch and legal description attached herein as Composite Exhibit A is hereby
vacated, abandoned and closed and all rights of the City of West Miami and the private land in
and to said location are hereby renounced and disclaimed and any and all costs shall be done by
the Applicant.

SECTION 4. Applicant Alameda Holdings LLC shall hold the City of West Miami
harmless and will indemnify the City in the event of any litigation against the City of West
Miami or cost incurred in the vacating, abandoning and closing of the easement.

SECTION 5. That the procedure used in the adoption of this Ordinance is expressly
ratified and approved.

SECTION 6. That the City Clerk is hereby directed to publish notice of the adoption of
this Ordinance one time within thirty (30) days hereafter in a newspaper of general circulation in
the City of West Miami.

SECTION 7. This ordinance shall become effective upon its passage.

SIGNATURE PAGE FOLLOWS

Ordinance # 2019- Page 2 of 3

PASSED AND ADOPTED this 2nd day of October, 2019.

Approved:
Mayor Rhonda A. Rodriguez

Attest:

Annery Gonzalez,
City Clerk, CMC

Approved as to form and sufficiency:

Jose A. Villalobos,
City Attorney

Roll Call:
Mayor Rhonda A. Rodriguez
Vice-Mayor Luciano L. Suarez
Commissioner Candida Blanca
Commissioner Juan M. Blanes
Commissioner Eric Diaz Padron

Ordinance # 2019- Page 3 of 3


SECTION 12 - TOWNSHIP 54 SOUTH - RANGE 40 EAST ALTA / ACSM LAND TITLE SURVEY

SW 63RD CT
SCHEDULE B II DOCUMENT'S REVIEW COMMENTS:
SW 5TH ST
Subject to the following exceptions of Schedule B, Section II of the Title Commitment prepared by Old Republic National Title
Insurance Company, Order No: 583434, with an effective search date covering up to May 7, 2018 at 11:00 P.M. and
furnished to the undersigned Professional Surveyor and Mapper to show any matters of record affecting the subject
property, the same being more detailed as follows:

SURVEYOR'S NOTES: Items # 1 through # 4, #15, #20-#22, inclusive, contain general conditions that have been addressed on this Survey Map or
falls outside the purview of the Land Surveying profession.
DATE OF FIELD SURVEY:
SW 6TH ST 61. Savings and Loan Association Item # 5. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of ALAMEDA, as
The date of completion of the original field Survey was on May 11, 2015. (CVS Pharmacy Site). 62. Secretarial Service recorded in Plat Book 17, Page 81, Public Records of Miami-Dade County, Florida. (Parcel 1)
Does not affect.

SW 61ST AV
The date of completion of the original field Survey was on December 1, 2015. (Ambassador Site). 63. Sewing Machine Sales & Service

SW 60TH CT
The completion of the Map of Survey was on December 4, 2015. 64. Shoe repair shops
Item # 6. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of RESUBDIVISON OF

SW 62ND CT
Revision 1: Additional topographic information was added on December 29, 2015 as per Client's request. 65. Shoe stores (retail sales)
Revision 2: This Map of Survey was revised on April 5, 2016 to combine the Boundary Surveys prepared for the CVS Pharmacy and 66. Sporting goods (retail sales) SECOND REVISED PLAT PORTION OF ALAMEDA, as recorded in Plat Book 44, Page 45, Public Records of Miami-Dade County,
the Ambassador Sites. 67. Stamp Dealer Florida. (Parcels 1 and 2)
SW 64TH CT

Revision 3: Survey was revised to reflect new title commitment on June, 25 2018. 68. Stationery and office supplies (retail sales) Affects the Subject Property and, if applicable, as shown on the Map of Survey.
69. Telephone Sales & Service
LEGAL DESCRIPTION: 70. Tool repair
71. Toy Store Item # 7. Easement reserved in the Declaration of Restrictions recorded in Deed Book 2648, Page 143, release of Deed
SUBJECT Parcel 2: 72. Travel agency
Restrictions recorded in O.R. Book 7444, Page 947, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)

SITE Lots 9 and 10, Block 1, RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA, according to the Plat thereof as
73. Upholsterers Contains blanket conditions that affect the Subject Property. Easements and restrictions were further released by record

TAMIAMI TRAIL US No. 41 recorded in Plat Book 44, Page 45, Public Records of Miami-Dade County, Florida. ORDINANCE #2005 -02, amends previous sections of Ordinance 282 as described as follows:
instrument (O.R.B. 7444, Pg. 947).

SW 8TH STREET Item # 8. Easement reserved in instrument recorded in Deed Book 1115, Page 174, Release of Reverter recorded in Deed
(Exhibit "A" of Commitment for Title Insurance prepared by Fidelity National Title Insurance Company, Commitment No. 583434, "C" Commercial District: Book 4298, Page 94, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)
with an effective date of May 7, 2018). Zoned commercial properties for development of apartments, condominiums, commercial offices and or a mixed use of
SW 64TH AV

the categories described above are allowed as follows: Contains blanket conditions that affect the Subject Property. However the easements dedicated by this instrument were
automatically abandoned and vacated by virtue of the replat of said lands.
Containing 25,010 Square Feet or 0.57 Acres (Net Area), more or less, and 41,386 Square Feet or 0.95 Acres (Gross Area), more or
less, by calculations. 1. Building Height:
Ninety (90) feet of building height with five (5) foot of parapet including all equipment and ornamental features shall be Item # 9. All of the terms and provisions set forth and contain in that certain Lease between First Kos, Inc., as Landlord, and
SW 9TH ST the established height. Jack Eckerd Corporation, as Tenant, as referenced by Short Form of Lease by and between First Kos, Inc., as Landlord, and
Property Addresses and Property Tax Folio Numbers: Jack Eckerd Corporation, as Tenant, dated September 1, 1989, recorded October 3, 1989, in Official Records Book 14277,
SW 63RD AV

a. All buildings in the "C" Commercial shall have a maximum of eight-story structure. Page 2816, Public Records of Miami-Dade County, Florida. (Parcel 1) This exception may be deleted upon compliance with
6290 SW 8 Street, West Miami, Florida 33144 number 8 in B-I.
i. This includes roof system. It excludes a basement located completely below grade (grade to be established by the height
Folio No. 15-4012-021-0160 of the existing sidewalk). Does not affect.
a. There shall be a maximum height of ninety-five (95') feet measured from the sidewalk to the highest point of the
SW 10TH ST ZONING INFORMATION: structure. The required arcade and the roof shall have a minimum height of thirteen (13') feet; the balance of the
Item # 10. Notice of Filing Lease Agreement between Eckerd Drugs (Lessor) and First American Telecommunications
ninety-five (95') feet shall be distributed as determined by the Architect, Florida Building Code and the City Design Guide.
Corporation (Lessee) recorded in O.R. Book 18461, Page 2333, Public Records of Miami-Dade County, Florida. (Parcel 1) This
Zoning Designation: exception may be deleted upon compliance with number 9 in B-I.
b. The roof shall be a Mansard design with a sixty-degree angle or as approve by the Design Guide as meeting the design
C (Commercial / Mixed Use District) intent. Does not affect.
Existing Land Use: Motel
SW 10TH TE c. The roof systems shall include a dormer type of window, which aligns with the vertical alignment of the windows directly Item # 11. Resolution #2016-16 vacating, abandoning and closing the Street of SW 63 Avenue between SW 9 Street and SW
(Zoning designation was based upon the City of West Miami Official Zoning Map, last dated on January 31, 2013 and the City of below. 8 Street recorded in O.R. Book 30276, Page 2564, Public Records of Miami-Dade County, Florida. (Parcels 1 and 2)
West Miami Ordinance No. 282, passed and adopted on February 1, 1967 and Ordinance No. 2005-02, passed and adopted on
SW 11TH ST March 16, 2005). 4. Off-Street Parking: Affects the Subject Property and, if applicable, as shown on the Map of Survey.
a. One level of underground parking is permitted.
The following information was provided by the City of West Miami Ordinance No. 282, passed and adopted on February 1, 1967 Item # 12. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30910, Page 3548,
SW 11TH ST and Ordinance No. 2005-02, passed and adopted on March 16, 2005). b. Off-Street Parking shall meet all concurrency requirements and shall implement the Miami- Dade County Off-Street Public Records of Miami-Dade County, Florida. (Parcel 1)
VICINITY MAP Parking Ordinance.
Does not affect.
4.3 "C" USE DISTRICTS (87-04) c. All developments shall require a "traffic study" as part of the Off-Street Parking requirements. Traffic study must meet all
(As defined in Ordinance No. 282): concurrency issues with traffic, curb cut locations and transit related issues of State and County agencies. Item # 13. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30935, Page 4500,
Public Records of Miami-Dade County, Florida. (Parcel 1)
4.31 In the "C" district no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed, d. All off-street parking shall meet the parking table in the Zoning Ordinance 282 Section 5.
Affects the Subject Property and, if applicable, as shown on the Map of Survey.
enlarged or altered, which is designed, arranged or intended to be used for any purpose, unless a Special Use Permit is obtained
under Section 2A, except one or more e. The overall height of the parking garage shall not exceed Fifty (50') feet in a Commercial or Apartment District and thirty
of the following uses: five (35') feet in an R5 (commercial off-street parking) District. Item # 14. Overhead wires encroaching onto the Land appearing on that certain ALTA/ACSM Survey from Royal Point
Surveyors, Inc., under Job No. O7-L184. (Parcel 1)
f. The setback for the parking garage in Commercial and Apartment District shall be twentyfive
1. Accounting offices Does not affect.
(25') feet from the property line abutting any R1, R2, R3 and R4 Districts. The setback for parking garage in an R5
2. Administration offices (commercial off-street parking) district shall be twenty five (25') feet from the property line abutting any R1 and R2 District.
3. Advertising agency, detective agency
Item # 16. Agreement and Unity of Title recorded in Deed Book 3954, Page 239, Public Records of Miami-Dade County,
4. Air conditioning Sales & Service g. A twenty-five (25') feet service alley shall be required on parcels abutting to the rear of R1, R2 and Apartment Districts.
Florida. (Parcel 2)

SUBJECT 5. Antique and curio shops


6. Architects offices
7. Art Gallery
h. A fifteen (15') feet landscape buffer shall be required in the twenty-five feet setback for "R5" district. Affects, Not Plottable.

i. All buildings shall not encroach into the vertical plane established by the intersection of the building's vertical wall and a

SITE 8. Attorneys-at-law offices


9. Bakery (retail sales on premise)
10. Banks and stock exchange offices
60-degree angle beginning at the top of roof elevation of the portion of building facing R1, R2, R3, R4 and A Districts at the
corresponding setbacks which dimension shall not exceed thirty-five (35') feet in height.
Item # 17. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30918, Page 2858,
Public Records of Miami-Dade County, Florida. (Parcel 2)
Affects, Not Plottable.
11. Barber shops and beauty parlors 4.34. No front setback beyond the zoned street line, no rear setback beyond the utility easement, and no side setbacks will
12. Bicycle sales and repairs, new and used (non-motorized) be required; provided, however, that whenever any single family dwelling, duplex dwelling, or multi-family dwelling is
constructed in a "C" Use District, front, side and rear setbacks will be required as follows: Item # 18. Covenant for Construction within Right of Way/City Utility Easement recorded in O.R. Book 30935, Page 4472,
13. Bond or investment dealers Public Records of Miami-Dade County, Florida. (Parcel 2)
14. Cabinet Maker (a) For single family dwellings and duplex dwellings setbacks shall be required as provided in Section 4.15 of this Ordinance. Affects the Subject Property and, if applicable, as shown on the Map of Survey.
15. Carpet Cleaning (b) For multi-family dwellings of more than two dwelling units, setbacks shall be required as provided in Section 4.25 of this
16. Ceramic Shop Ordinance.
17. Clothiers, Tailors, retail clothing stores Item # 19. Five feet utility easement on the North side of Lot 10, Block 1; Encroachment of asphalt parking and wood fence
18. Coin Dealer ACCURACY: onto five feet utility easement on the North side of lot 10 Block 1; Wood fence extending beyond property lines on the
Southeast side of Lot 9 Block 1, as shown by that certain survey dated April 27, 2004, prepared by Aniano J. Garcia, P.L.S.M.,
19. Coffee Bar
The accuracy obtained by field measurement methods and office calculations of closed geometric figures meets and job # 04-0798. (Parcel 2)
20. Collection Agency
exceeds the Minimum Technical Standards requirement for Commercial/High Risk area: (Linear 1 foot in 10,000 feet) as Affects the Subject Property and, if applicable, as shown on the Map of Survey.
21. Confectionery and ice cream and beverage stores (nonalcoholic) defined in Rule 5J-17.051 of the Florida Administrative Code.
22. Cosmetics
SURVEYOR'S CERTIFICATE:
23. Data Processing service Elevations of well identified features as depicted on the Survey Map were measured to an estimated vertical position
24. Delivery Service (Messenger) accuracy of 1/100 of a foot on hard surfaces and 1/10 of a foot on ground surfaces.
To:
25. Drafting Service
Well identified features as depicted on the Survey Map were measured to an estimated horizontal position accuracy of 6320 Holdings, LLC, a Delaware limited liability company (Parcel 1)
26. Dry Cleaning Agency (no work on premises)
1/10 of a foot. Alameda Holdings LLC, a Delaware limited liability company doing business in the State of Florida as Alameda Holdings
27. Electrical supply store Casastudio LLC (Parcel 2)
28. Electronic Sale This Map of Survey is intended to be displayed at a scale of one inch equals Twenty feet or smaller. Old Republic National Title Insurance Company
29. Engineering offices Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado L.L.P.
30. Ethical pharmacy PERTINENT INFORMATION USED IN THE PREPARATION OF THE MAP OF SURVEY:
31. Fabric Store (i) This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016
North arrow direction is based on an assumed Meridian. Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and
32. Financial Planning Consultants
33. Floor, wall & ceiling coverings NSPS, and includes Items 1, 2, 3, 4, 6(b) (as provided by the City of West Miami and Miami-Dade County Property Appraiser's
Bearings shown hereon are based upon the centerline of S.W. 8th Street with an assumed bearing of N89°28'12"E, said line Office Web Site), 7(a), 7(b)(1), 7(c), 8, 9, 11(a), 13, 14, 16, 18 and 19 of Table A thereof.
34. Florist to be considered a well established and monumented line.
35. Food Market (except live animals or poultry)
(ii) This survey correctly shows the location of all buildings, structures and other improvements situated on the above
36. Foreign Currency Exchange offices For Vertical Control: premises. There are no visible encroachments on the subject property or upon adjacent land abutting the property. This
37. Furniture sales (retail store) Survey was made in accordance with laws and/or Minimum Standards of the State of Florida.
38. Glass & Mirror Sales including cutting, fitting and framing All elevations shown hereon are based on the National Geodetic Vertical Datum of 1929, and Benchmark supplied by the
Public Works and Waste Management Department of Miami-Dade County, Florida.
39. Gunsmith and repairs (retail sales) (iii) The subject property is the same as the property described in the Exhibit "A" of the Title Commitment cited on this
40. Hardware store (retail sales) Surveyor's Report. I have plotted all easements, covenants and restrictions referenced in the Title Search Report and
Benchmark Used: F-238
LOCATION MAP 41. Home appliance store (retail sales & repair) Elevation: 11.44 Feet (NGVD 29)
Longitude Surveyors, LLC search efforts and I have otherwise noted their effect on the subject property.
42. Insurance offices Description: US Coast & Geodetic brass disc in north face of wall of a grocery store building located at SW 8th Street (54'
South of South curb & SW 63rd AVENUE (330' SW of center of intersection). (iv) The subject property has direct access to SW 63rd Avenue, SW 8 Street and SW 9 Street, both dedicated public roads.
43. Interior decorating, costuming,
NOTICE: draperies (retail sales)
This property appears to be located in Flood Zone "X", as per Federal Emergency Management Agency (FEMA) Community (v) There is no observed evidence of current earth moving work, building construction or building additions on the Subject
LEG END 44. Jewelry and watch repair (retail sales) Property.
This Document is not full and complete without CONC.
R
= CONCRETE
= RECORDED VALUE
ML = MONUMENT LINE
= OVERHEAD WIRE
45. Locksmith
Number 120662 (City of West Miami), Panel No. 0293, Suffix L, Map Revised Date: September 11, 2009.

46. Luggage (retail sales)


all pages. (Total of Two (2) pages) M
(C)
= MEASURED VALUE
= CALCULATED
= WATER VALVE
= WATER METER 47. Marine Hardware (no installation or
Plat of "RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA", recorded in Plat Book 44, at Page 45, of the
Public Records of Miami-Dade County Florida.
(vi) There is no observed evidence of changes in street right of way lines or recent street or sidewalk construction otherwise
shown in Map of Survey.
C.B.S.= CONCRETE BLOCK STUCCO
= FIRE HYDRANT
CL = CENTERLINE repairs on premises)
= TEMPORARY SITE BENCHMARK
P.B. = PLAT BOOK
= HEDGE OR LANDSCAPED AREA 48. Medical and Dental Office Plat of "ALAMEDA", recorded in Plat Book 17, at Page 81, of the Public Records of Miami-Dade County, Florida. (vii) There is no observed evidence on the Subject Site to be used as a solid waste dump, sump or sanitary landfill.
PG. = PAGE
M.F. = METAL FENCE = CLEAN OUT 49. Medical Equipment & Supplies Sales-Rental Service
= WOOD POWER POLE = SANITARY SEWER MANHOLE Plat of "FAIR LAWN", recorded in Plat Book 8, at Page 83, of the Public Records of Miami-Dade County, Florida. (viii) There is no observed evidence of Wetlands in the Subject Site.
= GUY ANCHOR = STORM DRAINAGE MANHOLE
50. Mobile Telephone Sales & Service
= CONCRETE POWER POLE = UNKNOWN MANHOLE 51. Mortgage Broker offices Corporation Certificate, recorded on September 12, 2014, in Official Records Book 29306, at Page 2872 of the Public
= ORNAMENTAL PLANT = FPL MANHOLE 52. Mortgage Company offices (ix) That the building setbacks and building heights are in compliance with the zoning requirements and the zoning
Records of Miami-Dade County, Florida.
= BOLLARD C.L.F. = CHAIN LINK FENCE designation.
S U R V E Y O R S = SIGN
= PALM TREE
M.F.
W.F.
=
=
METAL FENCE
WOOD FENCE
53. Music stores, radio and television
(retail sales & repair) SURVEYOR'S OPINION AS TO UTILITIES:
= MAILBOX LONGITUDE SURVEYORS LLC., a Florida Limited Liability Company
= TREE 54. Optical Sales
7715 NW 48th STREET, SUITE 310 = CHAIN LINK FENCE = SIGNAL MAST ARM
55. Pet Grooming (no overnight boarding or services)
Based on above ground physical evidence, the subject property appears to be served by the following utilities. Florida Certificate of Authorization Number LB7335
= WOOD FENCE = STREET LIGHT SIGNAL
DORAL, FLORIDA 33166 = METAL FENCE = BRICK 56. Photo processing
- Electricity: Florida Power & Light Company
- Telephone: AT&T, ATT-Uverse, Comcast
= COLUMN
PHONE:(305)463-0912 FAX:(305)513-5680 G = GAS VALVE
= CONCRETE
= PAVER
57. Printer - Water & Sewer: Miami-Dade County Water and Sewer Department
= CATCH BASIN
WWW.LONGITUDESURVEYORS.COM = ORNAMENTAL LIGHT
= TILE
= STAMPED CONCRETE
58. Real estate broker and sales offices
STATEMENT OF ENCROACHMENTS:
By: ________________________________________________________
= ORNAMENTAL LIGHT POLE 59. Residential uses may be permitted as a combination of Eduardo M. Suarez, PSM Signature Date:
= LIGHT POLE = ASPHALT
A = ARC
permitted business uses and residential uses housed in Registered Surveyor and Mapper LS6313
= FLAG POLE This survey shows the location of all buildings, structures and other improvements situated on the attached premises. There
R = RADIUS L = LENGTH the same building: the floor area of the residential use State of Florida
ID. = IDENTIFICATION = ANGLE OF THE CURVE are no visible encroachments on the subject property, or upon adjacent land abutting the property, except as follows:
JOB NO.: 15572 DRAWN BY: JS LP = LIGHT POLE
Δ
= ORNAMENTAL LIGHT POLE
shall not exceed fifty percent (50%) of the floor area of
the building. NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or
FIELD BOOK: EFB SHEET 1 OF 2 60. Rug and carpet (retail sales)
1. One inch Building encroachment, at its Southeast corner, along the West Boundary Line of the Subject Site.
deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party.
JOB NO.:
NOTICE:

FIELD BOOK: EFB


15572
DORAL, FLORIDA 33166
7715 NW 48th STREET, SUITE 310

WWW.LONGITUDESURVEYORS.COM

SHEET 2 OF 2
all pages. (Total of Two (2) pages)

S U R V E Y O R S

PHONE:(305)463-0912 FAX:(305)513-5680

DRAWN BY: JS
This Document is not full and complete without
TITLE SURVEY
ALTA / ACSM LAND

9.
28 9.
35
9.

GRASS PARKWAY VARIES


72

9. PARKWAY VARIES
20

68
67

14

L=39.18'
9. 9.

R=25.00'
06 03
L=39.35'

9.
8.
R=25.00'

9.

x 40

(#5)
8.
69

9.
W

Tan=24.91'
85
50

9. 19
0.5' CONC. CURB
(#15)

9.13

D=89°47'58"
Tan=25.08'

30.0'

02 8.

SS
x
D=90°11'33"

80

30.00' (C)
9.

9.
FOUND NAIL

FOUND NAIL
42

ASPHALT PAVEMENT VARIES

S89°27'43"W
IN PAVEMENT

30
1/2"Ø IRON PIPE

30.0'
IN CONCRETE

x
9.
9. LB7335 [SET] 10

9.
.4

2
52

10
44
9. 9. 5

51

.0
TRAFFIC

1
52 54

7
S00°20'15"E 331.10'

MARKING
9.

10

9. 10 10 10
10
.
.1

9. .3
87

9. 59 9. 99. .3 .4
9.
3

9.

9.
5 4

1
61 6
9.

9.
12

9.
(#17)

11 1.17
62 8

x
56
65

0.
63

9. 9. 9. 9. 9. 9. 64 85
59

1
37 56 48 91 9 TRAFFIC

07
30 57 9.

PLANTER
0.
43

5
9. 9. .48
MARKINGS
9.47

6
46 47

9.
TRAFFIC 60' TOTAL PUBLIC R/W

85
9.
MARKINGS
SW 63rd AVENUE
BRICK

38 8.
(C)

3
(P.B. 44, PG. 45) 96
9.

BRICK
49

30.0'
30.0'

9.

9. 8.
1
9.

8. 74
2
19

19

9.
L=39.19'

9.
17

89
R=25.00'
0.36' WEST

07
FOUND NAIL

25
8.
0.72' NORTH

8
8.

9.
25

2 PARKWAY VARIES
23

(NO CAP)
30.00' (C)
38
& DISC (NO ID)

9.
20
24
Tan=24.92'

BRICK
88

GRASS PARKWAY VARIES 3


21

9.
3

IRON REBAR
FOUND 1/2'"
D=89°48'27"

S89°27'43"W
(#16)

0.23' EAST
IRON PIPE
FOUND 1/2"

(NO CAP)

0.10' NORTH
9.

(E)

9.

9. HEDGE
(E)

9.

9.
1.5'

9.
SS

5.5'

9.
47

HEDGE 9.
0.3'

30 35
10

54 47
07

9.
(#19)

9. 9.08 47
9.

S00°20'15"E
22

9.

06 12
266.09' (R) (TOTAL)
PC

9. S00°20'15"E
13

07

30.00' (C)
9.

10

04
10

10
9.

35.00' (C)
81

9.
.1

HEDGE
PT
22

HEDGE S00°20'15"E 216.09' (C) .5


9

81

66
6
4.8'

9S00°20'15"E 8.
9

9.
9. .91. 9.
00 7 9.

01
9.

113 9. 7 10
35 3.2' 24.4' 9.
23

125.8' 112.7' 10 .4 70
8
0.3'

.4
7

9. TWO STORY C.B.S. BUILDING No. 6290 8


(E)

9. 9.
2.4'

00
9.0'

13 93
6' HIGH 10
FINISH FLOOR ELEV.= 11.05 0.4' .1 10
(NO ID)

9. 9. 9.
69 3 WOOD FENCE .0

BRICK
34
2 2
9.

BLDG HEIGTH = 21.6 FEET


E

19.1'

44
0.31' EAST

9.
BLDG FOOTPRINT AREA = 2,214 SQUARE FEET ± 97
10.5'
IN CONCRETE

(#6)
SIGN
1' HIGH

10
FOUND PK NAIL

10
C.B.S ST.

115.5' .5 .5
PT

8. 5 3
(C)

98 30.0' 24.8'
PC
SW

1.8'
9.
3 PARKING SPACES

(N) ITEM # 19
00

8.
ASPHALT
L=39.36'

98

LOT 12
5' UTILITY EASEMENT
R=25.00'
10

9.
10
ASPHALT
.1

PAVEMENT
16.0'

8.
00
.4
1

87 (DEED BOOK 2648, PG. 143) 10 1


Tan=25.09'

8. .5 PAVEMENT
98 9
D=90°12'00"
9.

9.
9.
ASPHALT 16.5'
61

97 10
42 PAVEMENT .3
LOT 20

24.8' 6
( TAMIAMI TRAIL )

12 13
8th

41.8'
N89°28'12"E 125.00' (C)

LOT 9

16

10 10
10

10
.

10 10
10

.0 .3 10
6

6 .5
20.8'

.6 .3
.1

9
13

9 .6
20.9'

9 3
3

0
ASPHALT

3 PARKING SPACES
PAVEMENT

14 17
5 PARKING SPACES
N89°28'12"E

LOT 10
5 PARKING SPACES

8.9' 8.4' 16.5'


(P.B. 44, PG. 45)

9. 10
7 PARKING SPACES

BLOCK 5
9. 78 .3
15 9.
9.
32 3
70' TOTAL PUBLIC R/W

95
8
4.9'

"ALAMEDA"
8.
61
18 15

108.0'
TS

(P.B. 17, PG. 81)


TWO STORY C.B.S. BUILDING No. 6290
70.08' (C)

15' GRASS PARKWAY


6' HIGH
CBS WALL

FINISH FLOOR ELEV.= 11.00


STREET

24.2'

ASPHALT
N89°28'12"E 95.00' (R) (TOTAL)

24' ASPHALT PAVEMENT


S89°27'45"W 69.91' (C)
PAVEMENT
53' ASPHALT PAVEMENT

ASPHALT

BLDG HEIGTH = 21.6 FEET


19.2'

6' HIGH
PAVEMENT

LOT 11
PLANTER

5
2' CURB & GUTTER

S89°27'45"W 95.00' (R&M) (TOTAL)

WOOD FENCE BLDG FOOTPRINT AREA = 2,775 SQUARE FEET ±


S89°27'45"W .97 125.00' (C)

24.9'
9.

SW 9th STREET
9.

9. 9. 115.5'
59

5 125.7'
4

10
63
LOT 19

01 ITEM # 13 & 18 3
10

9.01

10 10 .5
2
.5

.3 .5
2

EAST INV.: 4.30


RIM ELEV.: 8.70

7
3 PARKING SPACES

WEST INV.: 2.20

4' HIGH CHAIN 1


8

1.1' 3' UTILITY EASEMENT


24" Ø METAL PIPE

24" Ø CONC. PIPE


(#6) CATCH BASIN
28

ASPHALT 7' HIGH ROOF ASPHALT S00°20'15"E


9.7'

10
BOTTOM ELEV.: 1.50

(N) (O.R.B. 30935- PG. 4500) LINK FENCE


9.5'

METAL FENCE .4
S00°20'15"E 9. PAVEMENT OVERHANG PAVEMENT 8 35.00' (C)
15 10 10 10 10 10
30.00' (C) 10 10
1

10 10
.2 10 10 .4 10 10 .5 .2 .2 .4 .8 .4 .2
1
10

8. 8 9
8 3
(P.B. 8, PG. 83)

10 8 .3 .3 0 .4 .6 9 2
10
.3

64 7
64

7 1
.

10 266.08' (R) 7
( US No. 41 )

S00°20'15"E
9

9. .4
10
11

(#7)

0
.

.5
12

9. CONCRETE 6' HIGH


49

01 9.
7 6' HIGH 10 ASPHALT 10
1

8. 5
.7

07 .4
10

.5 10
ASPHALT
10

61 CONCRETE 4 .3
10
METAL FENCE 4
ON

A/C PAVEMENT
10.3'
0. LINE

WOOD FENCE .4
(W)
10.0'.48

10 6
(E)

3.0'
10.2'
(E)
0.2'

4
10.2'

PAVEMENT
0.2'

(E)
0.2'

.2
0.4'

9. CONCRETE 10 A/C 10 10
10

29 .7 .7 10 10
0 .7
.6

6 11
BLOCK 34, "FAIR LAWN"

10

48.2' 6 .9 .8
9

.1 0 5
.5

25.0' 70.0' 5
10
1

26

ITEM # 19
6.7'

TILE
10

.5

10
4
.3

3.80

9.
.5
LOT 18

1
7

9. 5' UTILITY EASEMENT


4

10

8
0.28' EAST

11
.2

ONE STORY C.B.S.


FOUND NAIL

(NO CAP)

(DEED BOOK 2648, PG. 143) .2


IRON PIPE

ONE STORY C.B.S. 3 10


FOUND 1/2'"
CONC. SIDEWALK

CONCRETE COMMERCIAL BUILDING No. 6260 .6


8
RESIDENTIAL BUILDING No. 6277
4' CONC. SIDEWALK
FENCE

GRASS
4' HIGH
& DISC "PLS 3064"

10
26.2'

10 10 10 10
7.1'

.7 .6
27
CHAIN LINK

.5 10
9 .9
10

0 5 .1 .4 10
0 1 10
.2

BLOCK 1 3
10 .8
40.1'

10
1

10 .7 .6 4
.8 8 5 .5
9. 8 5
9. 3 9
TILE

9.
8. 2 .2 33
91 4
STAMPED

9. 10
CONCRETE

8. 8 .0
"RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA"
44.1'
3.8'

76
11.7'

RIM ELEV.: 8.42


10

24" Ø METAL PIPE


24" Ø METAL PIPE
(#7) CATCH BASIN

10
.7

10
0

.4
BOTTOM ELEV.: 2.02

8
POOL

LOT 8
TILE

.7
NORTHEAST INV.: 4.27

CONCRETE
SOUTHWEST INV.: 3.77

(P.B. 44, PG. 45) 3


14.0'
3.9'

FOLIO No. 15-4012-021-0040


BLOCK 5

8.
82 9. 10
GRASS
6' HIGH

9.
2 2 9. 9 10 FOLIO 1No. 15-4012-021-0070 ADDRESS: 6260 SW 8th STREET .8
7.1'

0.
5 .9 .2 1 24.7' 3
10
WOOD FENCE

ADDRESS: 6277 SW 9th STREET 10 10 10 10


.4 OWNER: VKD, INC. .5
CONCRETE .5 10 1 .9 .5
(P.B. 44, PG. 45)
10

0 .6 0 9 2
.2

8. 8. 8. 4
3

OWNER: ENRIQUE GAMEZ & NANCY GAMEZ


9.

62 92 85
CONC.
16

"RESUBDIVISION OF

10
HILARIO LLANES & ELBA LLANES .3 10 10
2 .2 .3
6
PORTION OF ALAMEDA"
SECOND REVISED PLAT

1
0
10

SCALE
1" = 20'
20
ORDINANCE # 2019-

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST


MIAMI DEDICATING A UTILITY EASEMENT FOR THE ALAMEDA BUILDING #2
LEGAL DESCRIPTION, A PARCEL OF LAND BEING THE EAST 2.00 FEET LESS THE
NORTH 5.00 FEET THEREOF, ALL AS MEASURED AT RIGHT ANGLES, OF LOT 10 OF
BLOCK 1 OF RESUBDIVISION OF SECOND REVISED PLAT PORTION OF ALAMEDA,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 45 OF
THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA AS DESCRIBED IN
THE SKETCH ATTACHED HERETO AS EXHIBIT A; A SURVEY OF THE
PROPERTY IS ATTACHED HERETO AS COMPOSITE EXHIBIT B AND HAS THE
LEGAL DESCRIPTION LOTS 9 AND 10, BLOCK 1, OF RESUBDIVISION OF
SECOND REVISED PLAT PORTION OF ALAMEDA, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 45, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.

WHEREAS, by Ordinance number _________ the City Commission vacated, abandoned


and closed that certain utility easement described in said ordinance which is incorporated by
reference as Composite Exhibit C, and

WHEREAS, That certain easement vacated, abandoned and closed by action of the City
Commission will be rerouted north to south according to a sketch attached herein as Composite
Exhibit A, and

WHEREAS, the north to south utility will service properties to the east and west of the
new utility easement, and

WHEREAS, Alameda Holdings LLC filed an application to dedicate that portion of


Utility Easement in the property represented by Folio # 15-4012-021-0060, as described in the
sketch filed with the Application to Dedicate Public Alley attached hereto as Composite
Exhibit A, and

WHEREAS, applicant to this next easement dedication will perform necessary work at
their sole expense, and

Ordinance # 2019- Page 1 of 3


WHEREAS, no interference to the interest and convenience of the public or individual
rights shall occur.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE


CITY OF WEST MIAMI, FLORIDA AS FOLLOWS:

SECTION 1. The above recitals are herein adopted as if fully stated herein.

SECTION 2. The City Commission found that this action will serve a public purpose
and benefit the public without violating private property rights.

SECTION 3. That the application to dedicate a Utility Easement at the property at 6290
SW 8 Street, as filed by the applicant is hereby granted.

SECTION 4. That Applicant shall reroute that certain easement as described in


Composite Exhibit A at their own expense.

SECTION 5. Applicant Alameda Holdings LLC shall hold the City of West Miami
harmless and will indemnify the City in the event of any litigation against the City of West
Miami or cost incurred in the dedication of the easement.

SECTION 6. That the procedure used in the adoption of this Ordinance is expressly
ratified and approved.

SECTION 7. That the City Clerk is hereby directed to publish notice of the adoption of
this Ordinance one time within thirty (30) days hereafter in a newspaper of general circulation in
the City of West Miami.

SECTION 8. This ordinance shall become effective upon its passage.

PASSED AND ADOPTED this 2nd day of October, 2019.

SIGNATURE PAGE FOLLOWS

Ordinance # 2019- Page 2 of 3

Approved:
Mayor Rhonda A. Rodriguez

Attest:

Annery Gonzalez,
City Clerk, CMC

Approved as to form and sufficiency:

Jose A. Villalobos,
City Attorney

Roll Call:
Mayor Rhonda A. Rodriguez
Vice-Mayor Luciano L. Suarez
Commissioner Candida Blanca
Commissioner Juan M. Blanes
Commissioner Eric Diaz Padron

Ordinance # 2019- Page 3 of 3


9/11/2019
3:35 p.m.

ORDINANCE 19-

AN ORDINANCE OF THE CITY OF WEST MIAMI, FLORIDA AMENDING


AND FURTHER CLARIFYING ORDINANCE 2018-03 RELATING TO
“VACATION/SHORT TERM RENTALS”; CREATING CHAPTER 9,
ARTICLE 7 OF THE CODE OF ORDINANCES OF THE CITY OF WEST
MIAMI ENTITLED "VACATION RENTAL LICENSE PROGRAM";
PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR
DEFINITIONS; PROVIDING FOR REGISTRATION AND RENTAL
LICENSE; PROVIDING FOR SAFETY AND OPERATIONAL
REQUIREMENTS; PROVIDING FOR PARKING AND SOLID WASTE
COMPLIANCE; PROVIDING FOR MAXIMUM OCCUPANCY; PROVIDING
FOR APPLICATION AND LICENSE FEES AND PENALTIES FOR NON-
COMPLIANCE; PROVIDING FOR PRESUMPTION AND RENTAL
AGREEMENT; PROVIDING FOR SEVERABILITY, CODIFICATION AND
REPEAL OF ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE
AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on August 15, 2018, the City Commission adopted Ordinance 2018-03,
providing a general framework for vacation rentals within the City of West Miami, and

WHEREAS, there is a need to amend certain portions of the Ordinance 2018-03, and

WHEREAS, under section 509.241(1), Florida Statutes (2018), each public lodging
establishment must be licensed by the Division of Hotels and Restaurants of the Department of
Business and Professional Regulation. The regulation of public lodging establishments has been
preempted to the state since 1993 under section 509.032(7), Florida Statutes.[2] A public lodging
establishment is classified and defined within section 509.242, as a hotel, motel, vacation rental,
nontransient apartment, transient apartment, bed and breakfast inn, and timeshare project.

WHEREAS, in Chapter 2011-119, the Legislature did two things that are pertinent to
this discussion, first, they combined the terms and definitions of “resort condominium” and
“resort dwelling” under the new term “vacation rental.”[4] Section 509.242(1)(c) now provides:

1. “A vacation rental is any unit or group of units in a condominium or cooperative or


any individually or collectively owned single-family, two-family, three-family, or
four-family house or dwelling unit that is also a transient public lodging
establishment but that is not a timeshare project.”

2. “Transient public lodging establishment” is defined in section 509.013(4)(a)1. as “any


unit, group of units, dwelling, building, or group of buildings within a single complex
of buildings which is rented to guests more than three times in a calendar year for

1
50120162;2
periods of less than 30 days or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly rented to guests.”

WHEREAS, the Legislature expanded the preemption provision of section 509.032(7)


by adding subsection (7)(b), which provided:

1. “A local law, ordinance, or regulation may not restrict the use of vacation rentals,
prohibit vacation rentals, or regulate vacation rentals based solely on their
classification, use, or occupancy. This paragraph does not apply to any local law,
ordinance, or regulation adopted on or before June 1, 2011.”

WHEREAS, the legislature subsequently amended section 509.032(7)(b), in Chapter


2014-71, so that now it provides:

1. “A local law, ordinance, or regulation may not prohibit vacation rentals or regulate
the duration or frequency of rental of vacation rentals. This paragraph does not apply
to any local law, ordinance, or regulation adopted on or before June 1, 2011.”

WHEREAS, this Ordinance does not prohibit Vacation Rentals, or the duration or
frequency of Vacation Rentals, nor is it the intention of the City of West Miami to do so, but
rather this Ordinance is intended to address life safety and compatibility concerns in the interests
of the health, peace, safety, and general welfare, and

WHEREAS, It is the intent of this Ordinance to regulate vacation rentals as defined by


Florida Statutes, as well as other transient public lodging establishments within the City of West
Miami, which collectively are referred to herein as “Vacation Rentals,” and

WHEREAS, the 2017 Legislature adopted further clarification to Chapter 509 in


reference to vacation rentals in its Section 7(b) preempting local government as follows:

"A local law, ordinance, or regulation may not prohibit vacation


rentals or regulate the duration or frequency of rental of vacation
rentals. This paragraph does not apply to any local law, ordinance,
or regulation adopted on or before June 1, 2011."

WHEREAS, residents residing within their residential dwellings are inherently familiar
with the local surroundings, local weather disturbances, local hurricane evacuation plans, and
means of egress from their residential dwellings, thereby minimizing potential risks to
themselves and their families, and

WHEREAS, in contrast, transient occupants of Vacation Rentals, due to their transient


nature, are typically not familiar with local surroundings, local weather disturbances, local
hurricane evacuation plans, and means of egress from the Vacation Rentals in which they are
staying, thereby increasing potential risks to themselves and their families, and putting an

2
50120162;2
additional burden on, and potentially putting at risk, emergency personnel in the event of an
emergency situation, and

WHEREAS, certain Vacation Rentals are presently located within the single family and
two family dwelling residential zoning districts of the City of West Miami, and

WHEREAS, Vacation Rentals, left unregulated, can create negative impacts within
residential neighborhoods due to excessive noise, parking and traffic problems, excessive use
and impact on public services and public works, extreme size and/or greater occupancy, and

WHEREAS, Vacation Rentals situated within residential neighborhoods can disturb the
quiet nature and atmosphere of the residential neighborhoods, and the quiet enjoyment of its
residents, and

WHEREAS, Vacation Rentals located within established residential neighborhoods can


create negative compatibility impacts relating to extreme noise levels, late night activities, on-
street parking issues and traffic congestion, and

WHEREAS, a residential dwelling is typically the single largest investment a family will
make with the residents of the residential dwelling desiring the tranquility and peaceful
enjoyment of their neighborhood without excessive noise and increased parking issues and traffic
congestion caused by transient occupants of Vacation Rentals.

WHEREAS, Vacation Rentals situated in single-family and two-family residential


neighborhoods can and do create a great disparity in occupancy.

NOW THERETOFORE, BE IT ORDAINED BY THE MAYOR AND CITY


COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA:

SECTION 1. The foregoing "whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
thereof.

SECTION 2. The following regulations shall be established for transient vacation


rentals:

A. Definitions. The following terms as used in this Ordinance are defined as set
forth hereinafter:

“Bedroom” means any room in a Vacation Rental which has a bed or other place for
sleeping and a separate closet that is an integral part of the permanent construction within the
bedroom or an en suite bathroom, and complies with the Florida Fire Code and Florida Life
Safety Code as a bedroom.

“Occupant” means any person who occupies a Vacation Rental overnight.

3
50120162;2
“On-site management” means an office located at the site of a transient public lodging
establishment that has, no less than eight (8) hours per day, seven (7) days a week, a person or
persons physically present on site for purposes of supplying management, rental, and/or
maintenance services for that particular transient public lodging establishment, and, when the
office is closed, has a person who is available upon one hour’s phone notice to return to the
transient public lodging establishment to supply management or maintenance services.

“Owner occupied” means the Vacation Rental is then occupied by person(s), at the
Vacation Rental Owner’s consent, who do not pay rent for the occupancy of the Vacation Rental,
when such persons are members of the family of the Vacation Rental Owner. Family shall be
defined as provided in the West Miami Code of Ordinances.

“Transient public lodging establishments” means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
more than three times in a calendar year for periods of less than 30 days or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests.

“Vacation Rental” is collectively a vacation rental as defined under Florida Statutes, and
any transient public lodging establishment that does not have on-site management, which is
located in the single family and/or two family residential dwelling zoning districts of the City of
West Miami.

“Vacation Rental Owner” is the fee simple owner of the Vacation Rental, whether an
individual, partnership, corporation, limited liability company, trust, or other entity. In the event
the Vacation Rental Owner is not an individual, each and every person who owns 20% or more
of the equitable interest in the Vacation Rental shall also be deemed a Vacation Rental Owner.
The duties and functions of a Vacation Rental Owner may, at the option of the Vacation Rental
Owner, be performed by an agent of the Vacation Rental Owner, so long as the Vacation Rental
Owner notifies the City in writing, on a form provided by the City, of the identity and contact
information of such agent, and the specific duties that the agent will be performing for the
Vacation Rental Owner. The Vacation Rental Owner may change the designation of agent at any
time through the filing of a new form and the payment of an administrative fee in an amount as
set by resolution by the City Commission. The Vacation Rental Owner shall be held responsible
for all actions of such designated agent with respect to the applicable Vacation Rental.

B. Construction of Ordinance. This Ordinance shall be liberally construed to


accomplish its purpose of regulating Vacation Rentals, protecting the residential character of
West Miami, the health, safety, and general welfare of its residents and visitors, and the quiet
enjoyment by West Miami’s residents of their residential property.

C. Intent. It is the intent of this ordinance to promote public's health, safety and
welfare and consideration of all citizens by setting standards and regulations for all short-term
rental properties by providing for, among others, a) vacation rental registration, b) safety
regulation requirements, c) parking standards, d) solid waste handling, containment and fees, e)
posting information and regulations; f) owner's rebuttable presumptions, and g) administration,
enforcement and resolutions.

4
50120162;2
D. Registration required. It is not the intent of this ordinance to amend the
registration required on September 1, 2018 as stated in Ordinance 2018-03. Said paragraph in
Ordinance 2018-03 shall continue in effect. Every Vacation Rental Owner, either personally or
through an agent, shall register with the City of West Miami utilizing forms promulgated by the
City. A separate registration shall be required for each Vacation Rental. The operation of a
Vacation Rental without registration after the date registration is required shall be a violation of
this ordinance, subject to a fine upon conviction, which shall be established by Resolution.
Every day of such operation without registration shall constitute a separate violation.

E. Vacation Rental Registration. A Vacation Rental Owner or agent, as


applicable, registering a Vacation Rental with the City shall submit to the City a completed
registration form, utilizing a form promulgated by the City, together with a registration fee in the
amount set by resolution of the City Commission.

(1) A registration form shall include the following submittals:

(a) A completed Vacation Rental Registration form.

(b) Payment of applicable fee.

(c) A copy of the Vacation Rental’s current and active license as a transient
public lodging establishment with the Florida Department of Business
and Professional Regulation.

(d) A copy of the Vacation Rental’s current and active certificate of


registration with the Florida Department of Revenue for the purposes of
collecting and remitting sales surtaxes, transient rental taxes, and any
other taxes required by law to be remitted to the Florida Department of
Revenue.

(e) Evidence of the Vacation Rental’s current and active account with the
Miami-Dade County Tax Collector for the purposes of collecting and
remitting tourist development taxes and any other taxes required by law
to be remitted to the Miami-Dade County Tax Collector, if required by
the County.

(f) Exterior site sketch. An exterior sketch of the Vacation Rental facility
shall be provided. The sketch shall show and identify all structures,
pools, spas, hot tubs, fencing, and uses, including areas provided for off-
street parking. For purposes of the sketch, off-street parking spaces shall
be delineated so as to enable a fixed count of the number of spaces
provided. At the option of the Vacation Rental Owner, such sketch may
be hand drawn, and need not be professionally prepared.

(g) Interior building sketch by floor. A building sketch by floor shall be


provided, showing a floor layout identifying all bedrooms, other rooms,

5
50120162;2
exits, hallways, stairways and exits, as applicable, and shall show smoke
and carbon monoxide detectors and fire extinguisher which shall be
required. At the option of the Vacation Rental Owner, such sketch may
be hand drawn, and need not be professionally prepared.

(2) If a registration form is incomplete, the registrant will be notified of the


deficiency, and be allowed ten (10) days to provide any missing information
or fees.

(3) Vacation rental license applications shall be sworn under penalty of perjury
and any false statement in the application shall be the basis of denial or
revocation of any license issued pursuant to such application.

(4) After all requirements have been met by Vacation Rental Owner, the City
shall issue a license to operate vacation rentals as stated hereinabove and
shall collect a licensing fee in the amount of $1,000.00 which shall be
separate to the required registration fee. The license shall be valid for a
term of twelve (12) months.

F. Modification of Vacation Rental Registration. An amendment of a Vacation


Rental Registration shall be required in the event that any of the following changes to the
Vacation Rental are proposed:

(1) An increase in the number of bedrooms in the Vacation Rental.

(2) An increase in the maximum occupancy of the Vacation Rental.

(3) An increase or decrease in the number of parking spaces, or a change in the


location of parking spaces for the Vacation Rental.

(4) A change in ownership of the Vacation Rental.

G. Duration of Vacation Rental License. A Vacation Rental License shall be valid


for one (1) year after the date of issuance.

H. Renewal of Vacation Rental License. A Vacation Rental Owner must renew its
license annually sixty (60) days prior to the expiration date of the previous Vacation Rental
License.

I. Inspection of Vacation Rentals.

(1) Inspection of a Vacation Rental to verify compliance with the Florida


Building Code, and the Florida Fire and Life Safety Codes, which
governed at the time of completion of the subject construction, shall be
required subsequent to the initial registration of the Vacation Rental, and
semi-annually after each renewal. If instances of noncompliance are
found, all such instances of noncompliance shall be handled as other

6
50120162;2
violations of the Florida Building Code and Florida Fire and Life Safety
Codes otherwise handled in the City.

(2) Semi-annual inspections shall be made by the City through appointment


with the Vacation Rental Owner or agent, as applicable. If a City
inspector has made an appointment with Vacation Rental Owner or agent,
as applicable, for an inspection, and the City inspector is unable to
complete the inspection as a result of an action or inaction of the Vacation
Rental Owner or agent, or an occupant of the Vacation Rental, the
Vacation Rental Owner shall be charged a "re-inspection" fee in an
amount set by resolution of the City Commission to cover the inspection
expense incurred. The re-inspection fee shall be paid prior to scheduling
the re-inspection.

(3) In addition, failure of a Vacation Rental Owner or agent, as applicable, to


make the Vacation Rental available for an inspection within twenty (20)
days after notification by the City in writing that the City is ready to
conduct the semi-annual inspection, shall be a violation of this Ordinance
punishable by a fine as set by resolution by the City Commission. Such
violation shall continue until the inspection is accomplished. Each day
that such violation continues shall be a separate violation.

J. Transfer of Vacation Rental License. Vacation Rental licenses are not


transferable or assignable. If ownership of rental property is sold or transferred, any outstanding
vacation license shall be null and void upon sale or transfer.

K. Vested Rights/Waiver/Estoppel. A Vacation Rental Registration shall not be


construed to establish any vested rights or entitle the registered Vacation Rental to any rights
under the theory of estoppel. A Vacation Rental Registration shall not be construed as a waiver
of any other requirements contained within the City of West Miami City Code or Comprehensive
Plan, and is not an approval of any other code requirement outside this ordinance. The
registration of a Vacation Rental is not an approval of a use or activity that would otherwise be
illegal under Florida law, the Florida Building Code, the Florida Fire Code or Life Safety Code,
or in violation of the West Miami City Code or Comprehensive Plan.

L. Duties of Vacation Rental Owner. Every Vacation Rental Owner or agent, as


applicable, shall be available by landline or mobile telephone answered by the Vacation Rental
Owner or agent at the listed phone number 24-hours a day, seven days a week to respond to
police, fire or other emergency personnel requests. Otherwise, response to contact by the City’s
regulatory personnel shall be required only Monday through Saturday, 9am to 6pm. Failure of
the Vacation Rental Owner or agent, as applicable, to fulfil this duty, shall be a violation of this
ordinance which shall be punished by fine as set by resolution of the City Commission.

M. Vacation Rental Near School, Day Care, Park or Playground. If the Vacation
Rental is within 2,500 feet of any school, day care center, park, or playground, the Vacation
Rental Owner shall be required to perform a background check of any potential renters in order
to comply with Florida Statute 775.215 which makes it unlawful for any person who has been

7
50120162;2
convicted of a sexual battery, lewd and lascivious act on/in the presence of persons under age 16,
sexual performance by a child, sexual acts transmitted over computer, or selling or buying of
minors for portrayal in sexually explicit conduct, in which the victim of the offense was less than
sixteen (16) years of age, or similar law of another jurisdiction, to reside within 2,500 feet of any
school. Such background check is an essential requirement and shall be a part of the registration
for the license.

N. Reserved.

O. STANDARDS AND REQUIREMENTS FOR VACATION RENTALS.

1. Generally. The standards and requirements set forth in this Article shall apply to
the rental, use, and occupancy of Vacation Rentals in the City of West Miami.

2. Minimum safety and operational requirements. Vacation Rentals in the City


of West Miami shall meet the applicable standards under the Florida Statutes, Florida Building
Code and the Florida Fire Code and Life Safety Code, and each Vacation Rental shall have at
least one telephone with the ability to call 911.
a. Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub
offered or made available as an amenity at a Vacation Rental shall comply with
the current standards of the Residential Swimming Pool Safety Act, Chapter
515, Florida Statutes. The Property owner shall cause the swimming pool drain
system, any underwater lighting system, and the electrical pump system of such
swimming pools, spas, and hot tubs to be inspected annually by an appropriately
licensed technician. The Vacation Rental Agent shall maintain a contemporaneous
log of such inspections, which shall be made available to the City for inspection
upon request during normal business hours.
b. Bedrooms. All bedrooms within a Vacation Rental shall meet the
applicable requirements of the Florida Building Code, and the Florida Fire Code
and Life Safety Code.
c. Smoke and carbon monoxide (CO) detection and notification system. A
fully operational smoke alarm and carbon monoxide /CO) alarm system shall be
installed within the Vacation Rental and maintained on a continuing basis.
d. Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire
extinguisher shall be installed, inspected and maintained in accordance with
NFPA 10 on each floor of a Vacation Rental. The extinguisher(s) shall be
installed on the wall in an open common area or in an enclosed space with
appropriate markings visibly showing the location of the fire extinguisher.
3. Maximum occupancy based on site capacity / limitations. The maximum
occupancy of a Vacation Rental shall be stated in the Vacation Rental registration form, and shall
be limited to the lesser of:

(a) Two persons per bedroom that contains one hundred (100) square feet or
more, (counting only those rooms that meet the definition of bedroom herein),

8
50120162;2
plus one person per bedroom that contains no less than seventy (70) square feet,
but less than one hundred (100) square feet, (counting only those rooms that meet
the definition of bedroom herein), plus two persons.

(b) A total of 6 occupants per Vacation Rental. In the event there is more than
one building or dwelling on one platted lot, the maximum occupancy shall be
capped at six (6) occupants per lot or structure, whichever is less.

P. Vacation Rental agreements – minimum provisions. Vacation Rentals shall


be rented, leased or occupied pursuant to a written rental agreement which contains, at a
minimum, the following information:

(1) Maximum occupancy of the Vacation Rental that is consistent with the
Vacation Rental Registration.

(2) The maximum number of vehicles that will be allowed to park at the
Vacation Rental. Such number of vehicles shall not exceed the number of parking
spaces located at the Vacation Rental as shown in the sketch submitted with the
Vacation Rental registration, which cannot exceed the allowed parking spaces in
the City of West Miami.

(3) A statement that a sketch of the permitted off-street parking locations


where Occupants may park according to the Vacation Rental Registration sketch
and any other legal parking spaces available to the Vacation Rental will be posted
at the Vacation Rental.

(4) A statement that all Occupants must promptly evacuate from the Vacation
Rental upon posting of any evacuation order issued by state or local authorities.

Q. Required Posting of Vacation Rental and local information - posting. In each


Vacation Rental, there shall be provided, in a prominent location, the following written
information:

A. The name, address and phone number of the Vacation Rental Owner or
agent, as applicable.

(2) The maximum occupancy of the Vacation Rental.

(3) A copy of a document to be supplied by the City which includes excerpts


from City of West Miami ordinance provisions of general application relevant to
Vacation Rentals to include solid waste pick-up regulations, and City of West
Miami Noise Ordinance, as specified by resolution of the City, as a lease
addendum. The City will make available to Vacation Rental Owners and agents a
copy of such document in digital format upon request, and the City will post such
document on its website.

9
50120162;2
(4) The maximum number of vehicles that can be parked at the Vacation
Rental, along with a sketch of the location of the off-street parking spaces.

(5) The days and times of trash pickup.

(6) The location of the nearest hospital.

There shall be posted, next to the interior door of each bedroom a legible copy of a
building evacuation map – Minimum 8-1/2" by 11".

R. Rebuttable Presumption. There shall be a rebuttable presumption that any


property appearing or being advertised in any way as a vacation rental, short-term rental or any
other form of rental subject matter of this ordinance, shall be authorized by the owner of said real
property and hall be responsible for any and all regulations herewith.

S. Enforcement. Violations of this ordinance shall be enforced in accordance with


the provisions of this Ordinance and through code enforcement procedures.

1. Any violation of this ordinance will carry a fine in the amount of $


for the first offense.
2. A second violation of this ordinance will carry a fine in the amount of $
.
3. A third violation of this ordinance shall result in revocation of rental permits
and license.
In addition, the City Commission, by resolution, may adopt further penalties and
fines for violations of this ordinance.

S. Appeals. Any decision of the Manager or his or her authorized designee relating
to this ordinance shall be rendered in writing in appealable form, and reviewed by the Code
Enforcement Board if a notice by the Vacation Rental Owner or agent is filed with the City Clerk
within ten (10) days after the action to be reviewed. The City Clerk shall place the matter on the
agenda of the next available meeting of the Code Enforcement Board, but no later than 35 days
after the notice by the Vacation Rental Owner or agent is filed, at which the matter will be
reviewed. The decision of the Code Enforcement Board shall be final and shall be rendered in
writing in appealable form. Such final decision may be reviewed as permitted under Florida law.

SECTION 3. Severability. In the event that any word(s), phrase(s), portion(s), sub-sub-
section(s), sub-section(s), or section(s) of this Ordinance, is contrary to law, or against public
policy, or shall for any reason whatsoever held to be invalid, illegal or unconstitutional, by any
court of competent jurisdiction, such word(s), phrase(s), portion(s), sub-sub-section(s), sub-
section(s), or section(s) of this Ordinance shall be null and void, and shall be deemed severed,
and a separate, distinct, and independent provision from the remaining provisions of this
ordinance, and such holding shall in no manner affect the validity of the remaining words,
phrases, portions, sub-sub-sections, sub-sections, or sections of this Ordinance, which shall

10
50120162;2
remain in full force and effect. This ordinance shall be construed in a manner to accomplish, to
the greatest extent legally possible, the purposes of this ordinance as expressed herein.

SECTION 4. Codification. The provisions of this Ordinance shall be codified as, and
become and be made a part of the Code of Ordinances of the City of West Miami. The sections
of this Ordinance may be renumbered or re-lettered to accomplish such intention.

SECTION 5. Effective Date. This Ordinance shall be effective upon adoption by the
City Commission and approval by the Mayor in accordance with the Charter of the City of West
Miami.

PASSED AND ADOPTED, by the City Commission of the City of West Miami,
Florida, in regular session assembled, this _____ day of ______________, 2019.

Approved:

_________________________________
RHONDA A. RODRIGUEZ, MAYOR

ATTEST:

___________________________________
ANNERY GONZALEZ, CITY CLERK

APPROVED AS TO FORM AND SUFFICIENCY:

________________________________________
JOSE A. VILLALOBOS, CITY ATTORNEY

ROLL CALL VOTE:

MAYOR RHONDA A. RODRIGUEZ


VICE-MAYOR LUCIANO L. SUAREZ
COMMISSIONER CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER ERIC DIAZ-PADRON

11
50120162;2
Municipal Public Safety Solutions
Security Surveillance & Crime Prevention

City of West Miami


August 2019
Who We Are:
▪ Based in Coral Gables, Florida & Calistoga, California

▪ Sister organization of the largest private telecom


infrastructure provider in Latin America

▪ Partnerships with over 5,000 municipalities in


Central & South America, South Africa and the
Philippines

Peru: Agreement with AMPE (Association of


Municipalities of Peru)
1,835 municipalities; 1,500+ sites developed

Colombia: Agreement with FCM (Colombian


Federation of Municipalities)
1,100 municipalities

Mexico: Framework Agreement with FENAMM


(National Federation of Municipalities of Mexico)
1,538 municipalities
What We Deliver
Public Safety Solutions at zero cost to the city.
▪ Illumination Technologies provides:
▪ All supporting infrastructure
▪ Selected equipment packages
▪ Lifetime system maintenance & upgrades
▪ Lifetime database subscription

Smart City Technology:


▪ Vertical Real Estate
▪ Fiber Optic Backbone
▪ Smart LED lighting
▪ Public Wi-Fi
▪ CCTVs
▪ LPRs

3
City of West Miami
Proposal for Municipal Public Safety
License Plate Readers at 10 key intersections
Security surveillance at three parks, one
school:
• Cooper Park
• West Miami Recreational Center
• Park at 66th Ave & 12th St.
• Sylvania Heights Elementary School
Solution Overview: 16 Sites- 10 LPRs, 6 CCTV, Fiber Optic Network
West Miami Parks:
Security Surveillance Zones

West Miami Recreational Center Cooper Park

66th Ave & 12th ST


West Miami Educational Facilities:
Security Surveillance Zones
Sylvania Heights Elementary School
Equipment Options: Raycap
Equipment Options: CityPole
Equipment Options: Valmont
APPENDIX

https://illuminationtechnologies.com
Core Leadership
Panama

Peru
Monitoring Station Example

8/20/2019
Thank You
City of West Miami
August 2019
Annery Gonzalez

From: China Estrada


Sent: Wednesday, August 28, 2019 11:08 AM
To: Annery Gonzalez
Subject: RE: 6510 SW 18 Street

#1803008 Multifamily 
$6,203.70 
 
#1803009 Const No City Permit 
$5,818.00 
 
#1803010 Building Permit 
$8,132.20 
 
Grand Total:  
$20,153.90 
 
From: Annery Gonzalez
Sent: Tuesday, August 27, 2019 5:11 PM
To: China Estrada
Subject: FW: 6510 SW 18 Street
 
China,

Please provide the totals for the above captioned property.

Thanks!

 
Annery Gonzalez, CMC
City Clerk
MDCMCA President

City of West Miami


901 SW 62nd AVE 
West Miami, FL 33144 
Phone: (305)266-1122 
Fax: (305)261-9914 
anneryg@cityofwestmiami.org
1
www.cityofwestmiamifl.com

PLEASE NOTE: Under Florida law, e-mail addresses are public records. If you do not want your e-
mail address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing.    

  
  

From: Martin Garcia  
Sent: Tuesday, August 27, 2019 2:28 PM 
To: Annery Gonzalez <AnneryG@cityofwestmiami.org> 
Cc: Yolanda Aguilar <YolandaAguilar@cityofwestmiami.org>; Juan Pena <juanpena@cityofwestmiami.org> 
Subject: 6510 SW 18 Street 
 
Good Afternoon Annery 
 
The property owner of 6510 SW 18 Street, Mr. Mario Trujillo is requesting to be scheduled before the City Commission 
meeting  to mitigated the liens placed on his property. 
 

www.cityofwestmiamifl.com
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or
from City officials regarding City business are public records available to the public and media
upon request. Your email communications may be subject to public disclosure.
 
From: pwscans@cityofwestmiami.org [mailto:pwscans@cityofwestmiami.org]  
Sent: Tuesday, August 27, 2019 2:15 PM 
To: Martin Garcia <MartinGarcia@cityofwestmiami.org> 
Subject: Scanned Image 
 
 
2
RESOLUTION # 2019-

RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF


WEST MIAMI AUTHORIZING THE CITY MANAGER TO ACCEPT A
MITIGATION OFFER IN THE AMOUNT OF _________FROM MARIO TRUJILLO
ON CODE ENFORCEMENT LIENS FOR CODE VIOLATIONS AT THE PROPERTY
LOCATED AT 6510 SW 18TH STREET, WEST MIAMI, FL; PROVIDING THAT IF
PAYMENT IN FULL IS NOT PAID IN __________THEN THE AMOUNT OWED
SHALL REVERT TO THE ORIGINAL AMOUNT; PROVIDING FOR EFFECTIVE
DATE.

WHEREAS, Code Enforcement lien for Code violation through Case # 1803008 in the
amount of $6,203.70, Case # 1803009 in the amount of $5,818.00 and Case # 1803010 in
the amount of $8,132.20, totaling $20,153.90 have been levied against the property
located at , West Miami, Florida; and

WHEREAS, the Mayor and City Commission have received a negotiated settlement
offer in the amount of ____________________________ dollars.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY


COMMISSION OF THE CITY OF WEST MIAMI AS FOLLOWS:

SECTION 1. The City Manager is hereby authorized to accept the mitigation offer in the
amount of _________________________ to settle Code Enforcement liens for Code Violation
at 6510 SW 18th Street, West Miami, Florida, and subsequently release said liens.

SECTION 2. This settlement is contingent upon payment of amount on Section 1 on or


before _____________________. If said amount and settlement are not paid by this date the
amount owed in Case # 1803008 in the amount of $6,203.70, Case # 1803009 in the amount
of $5,818.00 and Case # 1803010 in the amount of $8,132.20, totaling $20,153.90 will revert
to the original amount.

SECTION 3. This Resolution shall take effect immediately upon passage by the City
Commission and signature of the Mayor.

Page 1 of 2 Resolution # 2019-


PASSED AND ADOPTED this 2nd Day of October 2019.

APPROVED:

________________________________________
RHONDA A. RODRIGUEZ, MAYOR

ATTEST:

___________________________________
ANNERY GONZALEZ, CMC
CITY CLERK

APPROVED AS TO FORM:

______________________________________
JOSE A. VILLALOBOS, CITY ATTORNEY

ROLL CALL VOTE:

MAYOR RHONDA A. RODRIGUEZ


VICE-MAYOR LUCIANO L. SUAREZ
COMMISSIONER CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER ERIC DIAZ-PADRON

Page 2 of 2 Resolution # 2019-


INTERGOVERNMENTAL AGENCY AGREEMENT
TO PERFORM TRAFFIC ENGINEERING FUNCTIONS

THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC


ENGINEERING FUNCTIONS (“Agreement”) is made and entered into this day of , 2019,
by and between the CITY OF WEST MIAMI (the “City”), a municipal corporation of the State of
Florida, and MIAMI-DADE COUNTY (the “County”), a political subdivision of the State of
Florida.

WHEREAS, pursuant to Sections 2-95 and 2-96.1 of the Miami-Dade County Code, all
traffic control and traffic engineering services in Miami-Dade County are under the exclusive
jurisdiction of the County; and

WHEREAS, the City desires to assume responsibilities of certain traffic engineering


functions pertaining to its local municipal streets only and has requested the COUNTY to allow it
to perform the function of conducting engineering studies for the feasibility of traffic calming
devices and installing traffic calming; and

WHEREAS, the CITY has the ability to plan, design, and perform construction inspection
of Transportation Projects within its Public Works Department and has represented to the
COUNTY that it is capable, equipped, and qualified to perform the duties and functions requested
herein; and

WHEREAS, the City, by Resolution No. , attached hereto as Exhibit “A” and by
reference made a part hereof, has authorized the execution of this Agreement; and

WHEREAS, the County and the City agree that nothing contained in this Agreement shall
diminish or impact the rights of either entity or constitute an admission with respect to jurisdiction,
sovereign or permitting powers, or in any other matter related to the installation, use and
maintenance of the traffic control devices unless specifically set forth herein, including but not
limited to any County powers under the Miami-Dade County Code,

NOW, THEREFORE, THE CITY AND THE COUNTY AGREE AS FOLLOWS:

Section 1. Recitals Adopted. That the above-stated recitals are incorporated herein by
reference and confirmed.

Section 2. Traffic Control Devices. The CITY may install and maintain the following
designated types of traffic calming devices, and/or signs (collectively the “Traffic Calming
Devices”) and only on those local municipal streets operated and maintained by the CITY within
its boundaries, and not less than 250 feet from existing traffic signals, County roadways, State
roadways and the boundaries of the City limits; or within school zones, or adjacent to bicycle
facilities or hospitals:

Page 1 of 9
a) Traffic Circles
b) Speed Humps
c) In-Street Pedestrian Crossing Signs
d) Raised Intersections

Section 3. Installation. Any such Traffic Calming Devices may be installed on local
municipal streets only after an appropriate traffic engineering study has been performed and signed
and sealed by a Florida licensed professional engineer, and has received written approval by the
City Manager or his/her designee. A copy of such traffic study must be submitted to the
Department of Transportation and Public Works (“DTPW”).

Any such Traffic Calming Devices may be installed on local municipal streets only after sealed
and signed design plans have been reviewed and received written approval by the City, through its
City Manager or his/her designee. Provided that such design plans utilize the standard County
design attached as Exhibit “B”, no additional review or approval by the County shall be required
before installation. To the extent that design plans deviate from the standard design attached as
Exhibit “B”, such plans shall be submitted to the County for its review and written approval. A
copy of such design plans must be submitted to the applicable Department of the County

Section 4. Decals. The City shall attach a decal to the back of the sign panels indicating
ownership and date of installation.

Section 5. Standards. All Traffic Control Devices installed by the City in accordance with
this Agreement shall conform to the applicable requirements established by the following
publications including latest revisions:

a. Florida Department of Transportation’s Standard Specifications for Road and


Bridge Construction;

b. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S.
Department of Transportation Federal Highway Administration

c. Standard Highway Signs, U.S. Department of Transportation, Federal Highway


Administration; and

d. Miami-Dade County Public Works Manual (available from the Public Works and
Waste Management Department, Reproduction Services, 111 NW 1st Street, Suite
1604, Miami, FL 33128).

e. A Policy on Geometric Design of Highways and Streets, American Association of


State Highway and Transportation Officials (AASHTO).

Page 2 of 9
f. Roundabouts: An Informational Guide, Federal Highway Administration, U.S.
Department of Transportation.

g. Florida Roundabout Guide, Florida Department of Transportation.

h. Miami-Dade County Traffic Flow Modification(s)/Street Closure Procedure,


Revised January, 2009, or any other comparative criteria available to municipalities
which have been approved by the County, with the decision to elect one option or
the other to be determined at the City’s discretion.

i. Florida Greenbook (Manual of Uniform Minimum Standards for Design,


Construction and Maintenance for Streets and Highways)

Section 6. Maintenance Responsibility. The City assumes sole and complete responsibility
for the maintenance of Traffic Control Devices that are installed by the City within its boundaries,
including the Traffic Control Devices installed by the City prior to this agreement; such devices
include but are not limited to those described in Exhibit “C”. The City shall be responsible for the
aesthetics of all installed Traffic Control Devices (e.g. peeling, graffiti, flyers, stickers, etc.). If
the City fails to maintain the Traffic Control Devices, then it shall be responsible for any and all
costs incurred by the County to replace them or remove them.

Section 7. Liability and Indemnification. The City assumes sole and complete liability for
any and all accidents and/or injuries which may, or are alleged to, occur or arise out of the
installation, operation or maintenance of Traffic Control Devices, and hereby indemnifies to the
extent allowed by Section 768.28, Florida Statutes, and holds the County harmless from any and
all claims, including but not limited to negligence arising out of or relating to installation,
operation, or maintenance of the signs.

Section 8. No Waiver of Sovereign Immunity. Notwithstanding any other term in this


Agreement, nothing herein shall be deemed a waiver of the City or the County’s immunity,
sovereign rights, or limitations of liability as provided by Section 768.28, Florida Statutes, as may
be amended from time to time.

Section 9. Public Records. The City shall be responsible for keeping records of any and all
installations and repairs, and for furnishing pertinent documents as and when said records may be
requested. The Parties shall each maintain their own respective records and documents associated
with this Agreement in accordance with the requirements for records retention set forth in Chapter
119, Florida Statutes

Section 10. Headings. The headings or captions of sections or paragraphs used in this
Agreement are for convenience of reference only and are not intended to define or limit their

Page 3 of 9
contents, nor are they to affect the construction of or to be taken into consideration in interpreting
this Agreement.

Section 11. Ambiguities. The preparation of this Agreement has been a joint effort of
the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their
choosing prior to its execution. The resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the Parties than the other.

Section 12. Entirety. This Agreement embodies the entire agreement between the
Parties with respect to the matters addressed herein. Previous agreements and understandings of
the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other
provision contained herein, no third party beneficiaries are created with respect to any claims
against the County by virtue of this Agreement.

Section 13. Amendments. This Agreement may be amended, modified, or altered, and
its material provisions may be waived, only by written instrument, and only if properly executed
by all parties hereto.

Section 14. Effective Date. That this Agreement shall become effective on the date first
written above after such Agreement is fully executed by all parties hereto.

Section 15. Termination. Either the City or the County may, in their respective sole
and complete discretion, terminate this Agreement, with or without cause and/or convenience of
the terminating party, upon twenty (20) business days written notice; provided, however, that at
the option of the County, the City shall continue to maintain, repair, and be responsible for any
Traffic Control Devices installed by the City while this Agreement was in effect. Prior to the
termination of this Agreement, however, the City may elect to remove any one or all Traffic
Control Devices installed by the City; provided the City shall restore the roadway and area in
which the Traffic Control Devices was located to the condition that existed before the City’s
installation.

Section 16. Execution. This Agreement may be executed in one or more hard or
electronic counterparts, which, when taken together, shall constitute one fully executed instrument.

Section 17. Notice. Any notices to be given hereunder shall be in writing and shall be
deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal
Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for
whom it is intended, at the place specified. The method of delivery shall be consistent among all
of the persons listed herein. For the present, the Parties designate the following as the respective
places for notice purposes:
a. For the County: Miami-Dade Department of Transportation and Public Works,
Attn: Director, 111 NW 1st Street, Suite 1510, Miami, FL 33128

Page 4 of 9
b. With a Copy To: Miami-Dade County Attorney’s Office, 111 NW 1st Street, Suite
2910, Miami, FL 33128
c. For the City: City of West Miami, Attn: City Manager, 901 SW 62nd Ave, West
Miami, FL 33144
d. With a Copy To: City Attorney

[THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS]

Page 5 of 9
IN WITNESS WHEREOF, the City and the County have set their hands the day and year above
written.

ATTEST: MIAMI-DADE COUNTY


HARVEY RUVIN, CLERK BY:__________________________
COUNTY MAYOR OR DESIGNEE

BY: ___________________________
COUNTY DEPUTY CLERK

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

____________________________________
MIAMI-DADE COUNTY ATTORNEY’S OFFICE

ATTEST: CITY OF WEST MIAMI

BY: ___________________________ BY: _____________________________


CITY CLERK CITY MANAGER

APPROVED AS TO FORM, LANGUAGE AND LEGAL SUFFICIENCY: APPROVED


AS TO FORM AND LEGALITY:

BY: __________________________ BY: ____________________________


CITY ATTORNEY

Page 6 of 9
EXHIBIT “A”

RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF WEST MIAMI, FLORIDA,


AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGENCY AGREEMENT WITH
MIAMI-DADE COUNTY TO PERFROM TRAFFIC
ENGINEERIGNG FUINTIONS; PROVIDNG FOR AN
EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF WEST MIAMI, FLORIDA, AS FOLLOWS:

Section 1. That the City Manager is hereby authorized to execute the attached Intergovernmental
Agency Agreement with Miami-Dade County to permit the City to perform traffic engineering functions.

Section 2. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this ____day of _________________, 2017.

_____________________________
Mayor

Attest:

____________________________
City Clerk

Approved as to Form and Legal Sufficiency

____________________________
City Attorney

Page 7 of 9
EXHIBIT “B”

Attached – YIELD CONTROL TRAFFIC CIRCLE

EXHIBIT “C”

Traffic Calming Devices – Circles:

Page 8 of 9
1. SW 65th Avenue and 10th Street
2. SW 65th Avenue and 15th Street
3. SW 65th Avenue and 18th Street
4. SW 64th Avenue and 10th Street
5. SW 64th Avenue and 12th Street
6. SW 64th Avenue and 15th Street
7. SW 64th Avenue and 18th Street
8. SW 64th Avenue and 22nd Street
9. SW 63rd Avenue and 9th Street
10. SW 63rd Avenue and 11th Street
11. SW 63rd Avenue and 18th Street
12. SW 59th Avenue and 13th Terrace
13. SW 59th Avenue and 10th Street
14. SW 58th Avenue and 9th Street
15. SW 58th Avenue and 14th Street
16. Sylvania Boulevard and SW 9th Terrace
17. Sylvania Boulevard and SW 12th Street and SW 58th Avenue
18. Sylvania Boulevard and SW 13th Terrace
Traffic Calming Devices – Separator:

1. SW 65th Avenue and 22nd Street


2. SW 9th Street and 57th Avenue
Traffic Calming Devices – Speed Table:

1. SW 9th Street west of SW 57th Avenue


2. SW 23rd Street east of SW 67th Avenue
Median:

1. SW 62nd Avenue and SW 9th Street (Median in front of City Hall)

Page 9 of 9
TOTAL

TRAFFIC ENGINEERING CHECK OFF BOX


TITLE NAME INITIAL DATE
MIAMI-DADE
RESOLUTION # 2018-66
EXHIBIT "A"

A RESOLUTION OF THE CITY OF WEST MIAMI, FLORIDA, AUTHORIZING THE


CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGENCY AGREEMENT
WITH MIAMI-DADE COUNTY TO PERFORM TRAFFIC ENGINEERING FUNCTIONS;
PROVIDING FOR AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF WEST MIAMI, FLORIDA, AS FOLLOWS:

Section 1. That the City Manager is hereby authorized to execute the attached Intergovernmental
Agency Agreement with Miami-Dade County to permit the City to perform traffic engineering
functions .

Section 2. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 5th day of December, 2018.

APPROVED:

___________________________________
EDUARDO H. MUHINA, MAYOR

____________________________________
ANNERY GONZALEZ, CITY CLERK

ROLL CALL VOTE:

MAYOR EDUARDO H. MUHIÑA Y


VICE -MAYOR RHONDA A RODRIGUEZ Y
COMMISSIONER CANDIDA BLANCA Y
COMMISSIONER JUAN M. BLANES Y
COMMISSIONER LUCIANO L. SUAREZ Y

Page 1 of 1 Resolution # 2018-66


RESOLUTION # 2019-

A RESOLUTON OF THE MAYOR AND CITY COMMISSION OF THE


CITY OF WEST MIAMI APPROVING A NEGOTIATED CONTRACT
WITH CONVERGE GOVERNMENT AFFAIRS TO PROVIDE THE CITY
WITH GOVERNMENTAL REPRESENTATION AND CONSULTING
SERVICES IN TALLAHASSEE, FL; PROVIDING FOR AN EFFECTIVE
DATE.

WHEREAS, a Request for Qualification (RFP) was duly advertised on July 30th, 2019
in the Miami Business Review requesting qualified firms to provide Governmental
Representation and Consulting Services in Tallahassee, FL; and

WHEREAS, only two (2) firms submitted responses to the RFQ; and

WHEREAS, on August 23rd, 2019 two (2) bids were opened by the 4:00 pm
established deadline; and the City Manager subsequently negotiated with the two
bidders; and

WHEREAS, The City Manager formed a selection Committee which was scheduled
to meet on Wednesday, September 11th, 2019 at 10 AM to review, rank and recommend by
order of the ranking, and

WHEREAS, On Monday, September 5th, 2019 the City Manager received written
communication from Converge Government Affairs of Florida that the two
bidders/respondents to the RFQ, Converge and Sun City had agreed to partner due to the
success during the prior year in Tallahassee; and

WHEREAS, it was determined that Converge Government Affairs were


instrumental in obtaining a grant from the Florida Legislature, approved by the Governor
of the State of Florida in the amount of $895,210.00 for potable water systems; and

WHEREAS, after careful review and negotiations, the City Manager issued her
recommendation to contract with Converge Government Affairs for the governmental
representation in Tallahassee.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of


West Miami as follows:

Section 1. The aforementioned statements are true and correct and adopted as is
fully stated herein.

50303625;1
Section 2. The City Mayor and City Commission hereby accept the City
Manager's recommendation to contract with Converge Government Affairs for the
governmental representation in Tallahassee for a negotiated amount of $50,000.00 for a
term of one (1) year pursuant to the terms and conditions set forth in the Agreement
attached hereto as Exhibit "A”, with an option to renew for (2) additional years, said
negotiations to include their yearly performance and representation of the City’s affairs.

Section 3. This negotiated amount is to be funded through the City’s General


Fund; Legislative Consulting line item of the Non Department (meaning all Department)
budget approved on September 18th, 2019.

Section 4. This Resolution shall take effect immediately upon passage by the City
Commission and signature of the Mayor.

PASSED AND ADOPTED this day of 2019.

APPROVED:

___________________________________
RHONDA A. RODRIGUEZ, MAYOR
ATTEST:

___________________________________
ANNERY GONZALEZ, CITY CLERK

APPROVED AS TO FORM AND SUFFICIENCY:

________________________________________
JOSE A. VILLALOBOS, CITY ATTORNEY

ROLL CALL VOTE:

MAYOR RHONDA A. RODRIGUEZ


VICE-MAYOR LUCIANO L. SUAREZ
COMMISSIONER CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER ERIC DIAZ-PADRON

50303625;1
COMBINED INTERLOCAL AND
MUTUAL AID AGREEMENT
BETWEEN
THE CITY OF MIAMI AND THE CITY OF WEST MIAMI
PROVIDING FOR THE CREATION OF A JOINT
ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT
SERVICES AND CREATING A MULTI-AGENCY ANTI-
PROSTITUTION & HUMAN TRAFFICKING TASK FORCE

This Combined Interlocal and Mutual Aid Agreement is made as of this ___ day
of _____________ , 2019, by and between the CITY OF MIAMI, FLORIDA, a Florida
municipal corporation having its principal office at 3500 Pan American Drive, Miami, Florida
33133, and the CITY OF WEST MIAMI, FLORIDA, a Florida municipal corporation having its
principal office at 901 SW 62 Avenue, West Miami, Florida 33144, and states as follows:
WHEREAS, human sex trafficking has become an epidemic of significant consequences
to the South Florida Community, such that the Miami-Dade State Attorney’s Office established a
Human Trafficking Unit in 2012 to more effectively combat the issue; and
WHEREAS, the U.S. Department of State estimates that as many as 600,000 to 800,000
individuals are trafficked across our nation’s boarders every year, with Florida receiving a high
percentage of those victims; and
WHEREAS, victims of human sex trafficking are often exposed to serious health risks,
including sexually transmitted diseases, drug and alcohol addiction, broken bones and burns,
memory loss, miscarriages or forced abortions, as well as PTSD, anxiety, fear and psychological
trauma; and
WHEREAS, individuals engaged in prostitution are exposed to similar physical and
psychological effects; and
WHEREAS, it is the responsibility of the governments of the City of Miami and the City
of West Miami to ensure the public safety of their citizens by providing adequate levels of police
services; and
WHEREAS, Sections 163.01, Florida Statutes, et. seq., The Florida Interlocal Cooperation
Act of 1969, as amended, permits local governments to make the most efficient use of their powers
to enable them to cooperate with other local governments on a basis of mutual advantage and
thereby provide services and facilities in a manner and pursuant to forms of government
organization that will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities; and
WHEREAS, the City of Miami and the City of West Miami have the authority under
Section 166.011, Florida Statutes, et. seq., The Municipal Home Rule Powers Act, to enter into
enter into an interlocal agreement pursuant to Section 163.01, Florida Statutes, with an adjoining
municipality or municipalities within the same county to provide law enforcement services within
the territorial boundaries of the other adjoining municipality or municipalities; and
WHEREAS, the City of Miami and the City of West Miami have the authority under
Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid
Agreement; and
WHEREAS, it is in the best interests of both municipalities to enter into this Interlocal
Agreement and Mutual Aid Agreement; and
WHEREAS, this Interlocal and Mutual Aid Agreement is entered into by the City of
Miami, by and through its department, the Miami Police Department and the City of West Miami,
by and through its department, the City of West Miami Police Department. For readability and
brevity, this Interlocal and Mutual Aid Agreement will herein be referred to as the
“AGREEMENT”, City of Miami will be referred to as "MIAMI", the City of West Miami will be
referred to as "WEST MIAMI", and when referred to collectively MIAMI and WEST MIAMI
will be referred to as the "PARTIES", and where referred to singularly, MIAMI and WEST
MIAMI may be referred to as a "PARTY"; and
WHEREAS, the purpose of this AGREEMENT is to provide for the creation of a “Joint
Enforcement Zone” as more particularly described herein, and the formation of a Multi-Agency
Anti-Prostitution and Human Trafficking Task Force (referred to as “MAAPTF”) intended to
combat Human Trafficking and Prostitution, as defined and prohibited pursuant to Florida Statutes,
and other related criminal violations, and to disrupt such activity through proactive law
enforcement operations to investigate, apprehend, and prosecute those who are engaging in such
activity within the aforementioned “Joint Enforcement Zone”; and
WHEREAS, the apprehension and prosecution of these criminals should reduce crime both
inside and outside the PARTIES respective jurisdictions, regardless of where these criminals are
ultimately apprehended; and,
WHEREAS, this AGREEMENT is separate from, and more specific in purpose than, the
"Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement," signed
by MIAMI and WEST MIAMI representatives,
NOW, THEREFORE, BE IT KNOWN that MIAMI and WEST MIAMI, and the
undersigned representatives, pursuant to Sections 163.01, Florida Statutes, et. seq., The Florida
lnter1ocal Cooperation Act of 1969, Section 166.011, Florida Statutes, et. seq., The Municipal
Home Rule Powers Act, and Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act,
in consideration for mutual promises to cooperate and render valuable aid, do hereby agree to fully
and faithfully abide by and be bound by the following terms and conditions.

SECTION I. DEFINITIONS
1. Chief Executive Official: Either the City Manager of MIAMI, or the Government Executive
(highest ranking official) of WEST MIAMI, who has the authority to contractually bind
the respective law enforcement agency and has executed this AGREEMENT, upon the
approval of the governing body of each of the PARTIES. Subsequent to the execution by
the executive officials, this AGREEMENT shall be filed with the City Clerk’s Office of
MIAMI, and the Clerk of WEST MIAMI. This AGREEMENT may be amended at any
time by filing subsequent Amendment(s), which will be subject to the same approval
process, and shall thereafter become a part of this AGREEMENT.
2. Agency Head: Chief of Police of the Miami Police Department (“MPD”), or the MPD
Chief's designee; Chief of Police of the West Miami Police Department (“WMPD”), or the
WMPD Chief's designee.
3. Certified law enforcement employee: Any law enforcement employee certified as provided
in Chapter 943, Florida Statutes.
4. Joint Enforcement Zone: The “Joint Enforcement Zone” shall be defined as all areas within
the following description;
a. Beginning at the west lateral line of the intersection of S.W. 57thAvenue
(Red Road) and S.W. 8th Street (Tamiami Trail), all sidewalks and right-of-
ways westbound along the centerline of S.W. 8th Street (Tamiami Trail) and
terminating at S.W. 67h Avenue, including all areas within 100 feet, north
and south, of the aforesaid route.
See Exhibit 1 entitled, “MAAPTF Joint Enforcement Zone” attached hereto for illustration
of Joint Enforcement Zone and incorporated herein by reference.

SECTION II. TERMS AND PROCEDURES


1. Operations:
a. The PARTIES agree to furnish necessary manpower, equipment, facilities, and
other resources and to render services to each other as required to assist in the
investigation, apprehension and prosecution of those people who are engaging in
criminal activity, including but not limited to Human Trafficking and Prostitution,
as defined and prohibited pursuant to Florida Statutes, and other related criminal
violations, within the Joint Enforcement Zone, however neither PARTY shall be
required to deplete unreasonably its own manpower, equipment, facilities, or other
resources and services in rendering such assistance.
b. The agency heads, or their designees, shall establish procedures for jointly
establishing the mission definition, goals, and operations, and for giving tactical
control over accomplishing any such assigned mission and supervisory control over
all personnel or equipment provided pursuant to this AGREEMENT to the
requesting PARTY.
c. Uniformed Patrol: Uniform patrol for routine law enforcement purposes in marked
police vehicles by the police officers of either PARTY within the Joint Enforcement
Zone will not require prior Notice to the other PARTY.
d. Undercover/Decoy Operations: Undercover and/or Decoy Operations shall be
conducted in the Joint Enforcement Zone only after the acting PARTY has provided
Notice to the other PARTY’s agency head or designee, in writing, at a minimum of
72 hours in advance, with said Notice being duly acknowledged, in writing.
2. Powers, Privileges, Immunities, and Costs:
a. All employees of the PARTIES, including certified law enforcement employees as
defined in Chapter 943, Florida Statutes, during such time that said employees are
conducting or assisting with law enforcement operations within the Joint
Enforcement Zone, in accordance with this AGREEMENT, shall, pursuant to the
provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities as if they were performing their duties for the party by
which they are normally employed inside the employee's jurisdiction.
b. The party having financial responsibility for the law enforcement agency providing
services, personnel, vehicles, equipment, or facilities pursuant to the provisions of
this AGREEMENT shall bear any loss or damage to same and shall pay any and all
expenses incurred in the maintenance and operation of same.
c. The PARTIES shall compensate all of their respective employees conducting or
assisting with law enforcement operations within the Joint Enforcement Zone
pursuant to this AGREEMENT and shall defray the actual travel and maintenance
expenses of such employees while they are conducting or assisting with law
enforcement operations. Such compensation shall include any amounts paid or due
compensation due to personal injury or death while such employees are conducting
or assisting with law enforcement operations. Such compensation shall also include
all benefits normally due such employees.
d. All exemptions from ordinances and rules, and all pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which apply to
the activity of such officers, agents, or employees of any PARTY when performing
their respective functions within the territorial limits of their respective agencies
shall apply to them to the same degree, manner, and extent while engaged in the
performance of their functions and duties extra territorially under the provisions of
this AGREEMENT. The provisions of this AGREEMENT shall apply with equal
effect to paid and auxiliary employees.
3. Indemnification: Each PARTY participating in the Multi-Agency Anti-Prostitution and
Human Trafficking Task Force pursuant to this AGREEMENT agrees to assume
responsibility for the acts, omissions, or conduct of such party's own employees while
participating herein and pursuant to this AGREEMENT, subject to the provisions of
Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean
incurring any and all costs associated with any suit, action, or claim for damages arising
from the performance of this agreement.
4. Forfeitures: Investigators operating pursuant to this AGREEMENT may encounter
property subject to forfeiture pursuant to the Florida Contraband Forfeiture Act, Florida
Statutes. Each PARTY will initiate and prosecute forfeiture actions independently, and in
accordance with their respective procedures for the handling of forfeiture actions.
However, any potential seizure and/or forfeiture action by WEST MIAMI related to real
property within MIAMI may proceed only with the approval of the MPD’s Agency Head,
and WMPD’s Agency Head as well as MIAMI’s Chief Executive Official. Any potential
seizure and/or forfeiture action related to property other than real property within MIAMI
may proceed with the approval of the WMPD’s Agency Head and MPD’s Agency Head.
For any action as to property wholly within either respective jurisdiction, the relevant
PARTY shall have the exclusive right to control and maintain the property, including, but
not limited to, the complete discretion to bring the action, or to dismiss the action, or to
negotiate a settlement. In any case where WEST MIAMI prosecutes a forfeiture action
related to property seized from, or located within, MIAMI, MIAMI will be entitled to the
proceeds of such action less any costs and fees, including but not limited to attorney fees,
associated with the prosecution of the forfeiture. For any seizure/forfeiture initiated for
property located within WEST MIAMI and in the Joint Enforcement Zone, WEST MIAMI
will provide written notice of said seizure/forfeiture to MIAMI within five (5) business
days of the seizure.
5. Conflicts: Any conflicts between this AGREEMENT and Section 166.011, Florida
Statutes, et. seq., The Municipal Home Rule Powers Act, will be controlled by the
provisions of the latter, whenever conditions exist that are within the definitions stated in
Chapter 166, Florida Statutes.

SECTION III. COMMAND AND SUPERVISORY RESPONSIBILITY


1. Command: The personnel and equipment that are assigned by the respective PARTIES
shall be under the immediate command and direct supervision of a supervising officer
jointly selected by the Chief of Police for the West Miami Police Department, or his/her
designee, and the Chief of Police for the City of Miami Police Department, or his/her
designee. However, for all Pre-Planned Operations, a MIAMI Commander shall be present
and designated as the Operation Commander. The Operation Commander will serve as the
supervising officer for all officers from either PARTY participating in said operation.
2. Conflicts: Whenever an officer is conducting or assisting with law enforcement operations
within the Joint Enforcement Zone pursuant to this AGREEMENT, the officer shall abide
by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his or her own employer. If any such rule, regulation,
personnel policy, general order or standard operating procedure is contradicted,
contravened or otherwise in conflict with a direct order of a superior officer, then such rule,
regulation, policy, general order or procedure of his or her own employer shall control, and
shall supersede the direct order.
3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this AGREEMENT, the Chief of Police, or his/her
designee, of the agency employing the officer who is the subject of the complaint shall be
responsible for the investigation of the complaint. The Chief of Police or designee should
ascertain at a minimum:
a. The identity of the complainant;
b. An address where the complainant can be contacted;
c. The specific allegation; and;
d. The identity of the employees accused without regard as to agency
affiliation.
4. If it is determined during the investigation of a complaint that the accused is an employee
of MIAMI, the above information, with all pertinent documentation gathered during the
receipt and processing of the complaint, shall be forwarded without delay to MIAMI for
administrative review. Similarly, if it is determined during the investigation of a complaint
that the accused is an employee of WEST MIAMI, the above information, with all pertinent
documentation gathered during the receipt and processing of the complaint, shall be
forwarded without delay to WEST MIAMI for administrative review.

SECTION IV. PROVISIONS FOR JOINT ENFORCEMENT AUTHORITY, MUTUAL


AID AND VOLUNTARY AND OPERATIONAL ASSISTANCE
1. Mutual Aid Request: In compliance with and under the authority of this AGREEMENT
heretofore entered into by WEST MIAMI and MIAMI, it is hereby declared that the
PARTIES are mutually requesting assistance from the other PARTY to conduct and assist
with law enforcement operations within the Joint Enforcement Zone as described herein.

2. Law Enforcement Officer: A police officer of either PARTY shall be considered to be


operating under the provisions of this AGREEMENT when conducting or assisting with
law enforcement operations within the Joint Enforcement Zone.

3. Enforcement: The PARTIES agrees to independently and/or jointly conduct law


enforcement activity within the Joint Enforcement Zone on a basis and schedule agreed
upon by the Agency Heads, or their designees, in order to achieve the purposes of this
AGREEMENT.

4. Authority: Each PARTY to this AGREEMENT may independently conduct law


enforcement operations within the Joint Enforcement Zone as described herein, pursuant
to the terms of this AGREEMENT and officers of each respective agency shall have the
same powers, duties, rights, privileges, and immunities as if they were performing their
duties for the party by which they are normally employed inside the employee’s
jurisdiction. In accordance with Section II (1)(d), for any law enforcement activity other
than routine uniform patrol conducted by WEST MIAMI in the Joint Enforcement Zone,
WEST MIAMI shall notify the Agency Head for MIAMI, or his designee, at least 72 hours
in advance.

5. Expenses: The PARTIES will furnish their own vehicles and will be responsible for the
expenses, maintenance and any liability incurred with respect to the use of their respective
vehicles.

6. Records and Reports: All investigative reports and arrest reports will be maintained by the
respective arresting agency. With respect to any other records that either PARTY may
maintain, each PARTY agrees to comply with public records laws. More specifically, each
PARTY will:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the PARTY in order to perform the services required by this
AGREEMENT.

b. Provide the public with access to public records at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.

c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.

d. Meet all requirements for retaining public records and transfer, at no cost,
to the other PARTY.

7. Prosecution: The criteria for the decision whether to have any particular case prosecuted in
the State or Federal system will be based on which level of prosecution and venue would
provide the greatest benefit to the overall objectives of the investigation. In all cases, timely
notification will be made to the appropriate prosecuting authority.

8. Nuisance Abatement: The Miami City Attorney’s Office and West Miami City Attorney
will coordinate in the enforcement of this agreement and are each authorized to file and
prosecute nuisance abatement actions in a court of competent jurisdiction to require
properties within the enforcement zone to comply with applicable State, Federal and local
laws.

9. City Code: This AGREEMENT does not confer any additional powers on either
municipality as it relates to the enforcement of its respective municipal ordinances, nor
does this agreement restrict either municipality from taking any action it is otherwise
lawfully permitted to take pursuant to state law or municipal ordinances, including the
ability to send cease and desist letters or file lawsuits. The West Miami Zoning Code will
apply in the West Miami portion of the Joint Enforcement Zone, and the Miami Zoning
Code will apply in the Miami portion of the Joint Enforcement Zone.

10. Schedule Of Work Hours: Work hours may vary to meet operational needs.

11. Informants: Funds to pay any confidential informants for information relating to criminal
activity will be supplied by the confidential informants' controlling police department.
Informants will be paid in accordance with the specific department's rules and regulations.

12. Release Of Information To The Press: At no time will any employee of either PARTY
release to or discuss with any member of the press any aspect of operations or any aspect
of the direction, focus, or general purpose of the investigation without the Agency Head of
the PARTIES first consulting with each other. Subsequent to the consultation, officers
acting pursuant to the AGREEMENT will discuss any information release with the affected
investigators and/or prosecutors to assure that the integrity of the investigation will not be
jeopardized. In all cases, the release of any information, no matter how generic, will be
made jointly with the participation of both PARTIES and pursuant to Florida Statutes
Chapter 119 and any other applicable statutes governing the disclosure of public records.

SECTION V. EFFECTIVE DATE


This agreement shall take effect upon the approval this Agreement by each respective
municipality’s City Commission, the effective date of this being the later of the two dates of
approval by each commission. Thereafter, this Agreement shall continue in full force and effect
for an initial period of five (5) years from the effective date and may be consecutively renewed for
additional five (5) year periods upon approval by each respective municipality’s City Commission.
Under no circumstances may this agreement be renewed, amended or extended except in writing.

SECTION VI. CANCELLATION


This Agreement may be cancelled by either PARTY upon thirty (30) days written notice to the
other PARTY. Cancellation will be at the discretion of the Chief Executive Official of the
PARTIES hereto.

IN WITNESS WHEREOF, the parties hereto cause to these presents to be signed on the
date first written above.

AGREED AND ACKNOWLEDGED this ______ day of ___________________, 2019.

CITY OF MIAMI: CITY OF WEST MIAMI:


___________________________ ___________________________
EMILIO GONZALEZ YOLANDA AGUILAR
CITY MANAGER CITY MANAGER
CITY OF MIAMI, FLORIDA CITY OF WEST MIAMI, FLORIDA

Date:_______________________ Date:_______________________

Attest: Attest:

____________________________ ____________________________
TODD B. HANNON ANNERY GONZALEZ
CITY CLERK CITY CLERK
CITY OF MIAMI, FLORIDA CITY OF WEST MIAMI, FLORIDA

APPROVED AS TO FORM AND APPROVED AS TO LEGAL FORM


CORRECTNESS: AND SUFFICIENCY:

_____________________________ _____________________________
VICTORIA MÉNDEZ JOSE A. VILLALOBOS
CITY ATTORNEY CITY ATTORNEY
CITY OF MIAMI, FLORIDA CITY OF WEST MIAMI, FLORIDA

APPROVED AS TO INSURANCE
REQUIREMENTS:

___________________________
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST MIAMI, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED
INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST MIAMI PROVIDING FOR THE
CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT
SERVICES AND CREATING A MULTI-AGENCY ANTI-PROSTITUTION & HUMAN
TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF
THE FLORIDA STATUTES.

WHEREAS, human sex trafficking has become an epidemic of significant consequences to South
Florida; and

WHEREAS, this crime occurs when a trafficker uses violence, threats, blackmail, false promises,
deception, manipulation, and debt bondage to trap vulnerable individuals and force them to engage in
commercial sex acts or labor against his/her will; and

WHEREAS, the victims of human sex trafficking are often exposed to serious health risks,
including sexually transmitted diseases, drug and alcohol addiction, physical injuries, forced abortions, as
well as various forms of psychological trauma; and

WHEREAS, the individuals engaged in prostitution are exposed to similar physical and
psychological injuries; and

WHEREAS, it is the responsibility of the City of Miami (“City”) and the City of West Miami
(“West Miami”) to ensure the public safety of their citizens by providing adequate levels of police services;
and

WHEREAS, the City and West Miami have authority under the Florida Interlocal Cooperation Act
of 1969, Section 163.01, Florida Statutes, to enter into interlocal agreements to jointly exercise any power,
privilege or authority which they share in common and which each might exercise separately; and

WHEREAS, the City and West Miami have the authority under the Municipal Home Rule Powers
Act, Section 166.011, Florida Statutes, et. seq., to enter into enter into an interlocal agreement with an
adjoining municipality within the same county to provide law enforcement services within the territorial
boundaries of the other adjoining municipality; and

WHEREAS, the City and West Miami have authority under the Mutual Aid Act, Chapter 23, Part
1, Florida Statutes, to enter into mutual aid agreements; and

WHEREAS, it is in the best interests of the City and West Miami to enter into this Combined
Interlocal Agreement and Mutual Aid Agreement (“Agreement”); and

WHEREAS, the purpose of this Agreement is to provide for the creation and implementation of a
Joint Enforcement Zone of a Multi-Agency Anti-Prostitution and Human Trafficking Task Force
(“MAAPTF”) intended to combat human trafficking, prostitution and other related criminal violations; and

WHEREAS, the MAAPTF seeks to disrupt human trafficking, prostitution and other related
criminal activity through joint proactive law enforcement operations in order to investigate, apprehend, and
successfully prosecute offenders engaging in such activity within the Joint Enforcement Zone; and
WHEREAS, the apprehension and prosecution of these criminals is intended to reduce crime inside
and outside the respective jurisdictions of the City and West Miami, regardless of where these criminal
offenders are ultimately apprehended; and

WHEREAS, this Agreement shall take effect upon approval and execution by the City and West
Miami and shall continue in full force and effect for an initial period of five (5) years.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,


FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.

Section 2. The City Manager is authorized {1} to execute a Combined Interlocal and Amended
Mutual Aid Agreement, in substantially the attached form, between the City and West Miami, to receive
and extend mutual aid in the creation of a Joint Enforcement Zone, provision of law enforcement services
and creating a Multi-Agency Anti-Prostitution & Human Trafficking Task Force pursuant to the Mutual
Aid Act, Chapter 23, Part 1, of the Florida Statutes.

Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}

...Footnote
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.

{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.

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