CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT
DISTRICT
MIAMI-DADE COUNTY REGULAR BOARD MEETING
APRIL 11, 2019 6:45 P.M.
Special District Services, Inc. 6625 Miami Lakes Drive, Suite 374
Miami Lakes, FL 33014
www.centurygardenstamiamicdd.org 305.777.0761 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile
AGENDA
CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT
Gardens by the Hammocks Clubhouse Meeting Room 15080 S.W. 116th Terrace
Miami, Florida 33196 REGULAR BOARD MEETING
April 11, 2019 6:45 p.m.
A. Call to Order
B. Proof of Publication……………………………………………………………………………………..Page 1
C. Establish a Quorum
D. Seat New Board Members
E. Administer Oath of Office & Review Board Member Responsibilities and Duties
F. Election of Officers
Chairman Vice Chairman Secretary/Treasurer Assistant Secretaries
G. Additions or Deletions to Agenda
H. Comments from the Public for Items Not on the Agenda
I. Approval of Minutes
1. November 1, 2018 Regular Board Meeting & Rulemaking Public Hearing................................Page 2
J. Old Business
K. New Business
1. Consider Approval of the Park Maintenance Agreement between the County and the District...Page 9
2. Consider Resolution No. 2019-01 – Adopting a Fiscal Year 2019/2020 Proposed Budget.........Page 20
3. Discussion Regarding the HOA Request Golf Cart Parking/Station............................................Page 31
L. Administrative & Operational Matters
1. Ratify and Approve the Elite Property Services Proposal for Pressure Cleaning, Painting and Repairs
2. Ratify and Approve the District’s Visa Credit Card Authorization
3. Ratify and Approve the Landscape Service Maintenance Agreement with Turf Management
4. Ratify and Approve the Pool and Spa Service Maintenance Agreement with Mr. Pool Service
5. Ratify and Approve the Repairs/Replacement of Pool and Spa Equipment by Mr. Pool Service
6. Ratify and Approve the Janitorial Service Agreement with AJ Super Services
7. Ratify and Approve the Security Provider Agreement with ADT
8. Ratify and Approve the Pest Control Service Agreement with REAS Pest Control
9. Ratify and Approve the Electrical Repairs conducted to Lighting and Electrical Panel Conducted by AU Electric
10. Consider Approval of Trash Removal from Park Receptacles
11. Office of Records Update
M. Board Members & Staff Closing Comments
N. Adjourn
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CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING
NOVEMBER 1, 2018
A. CALL TO ORDER District Manager Neil Kalin called to order the November 1, 2018, Regular Board Meeting of the Century Gardens at Tamiami Community Development District at 7:07 p.m. in the Gardens by the Hammocks Clubhouse Meeting Room located at 15080 SW 116th Terrace, Miami, Florida 33196 B. PROOF OF PUBLICATION Mr. Kalin presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 3, 2018, as part of the District’s Fiscal Year 2018/2019 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Mr. Kalin determined that the attendance of Chairman Ramon Javier, Vice Chairperson Cesar Zayas and Supervisor Max Riveros constituted a quorum and it was in order to proceed with the meeting. Also in attendance were: District Managers Neil Kalin & Gloria Perez of Special District Services, Inc.; and General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Also present were: Mr. A Rodriguez, Miami, Florida (resident); Julia Barrios, Ronald Galvis and Yami Ceballos, all from Castle Management, LLC (Club Manager), Plantation, Florida. D. CONSIDER RESIGNATION AND APPOINTMENT TO FILL VACANCIES Mr. Kalin advised that he was in possession of a resignation letter from Ms. Teresa Baluja, who serves in Seat #4, and stated that it would be in order to consider her resignation. A discussion ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously to accept the resignation of Teresa Baluja with an effective date of September 30, 2018. There is now a vacancy in Seat #4 and this term of office will expire in November 2020. In addition Mr. Kalin advised that he was in possession of a resignation letter from Ms. Estefany Brouwer, who serves in Seat #1, and stated that it would be in order to consider her resignation. A discussion ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously to accept the resignation of Estefany Brouwer with an effective date of September 30, 2018. There is now a vacancy in Seat #1 and this term of office expires effective November 20, 2018.
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E. ADMINISTER OATH OF OFFICE AND REVIEW NEW BOARD MEMBER DUTIES & RESPONSIBILITIES This item was deferred. F. ELECTION OF OFFICERS This item was deferred. G. ADDITIONS OR DELETIONS TO THE AGENDA There were no additions or deletions to the agenda. H. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. I. APPROVAL OF MINUTES 1. August 15, 2018, Public Hearing & Regular Board Meeting Mr. Kalin presented the minutes of the August 15, 2018, Public Hearing and Regular Board Meeting. A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously approving the August 15, 2018, Public Hearing and Regular Board Meeting minutes, as presented. Note: At approximately 7:15 p.m., Mr. Kalin recessed the Regular Meeting and simultaneously opened the Public Hearing. J. PUBLIC HEARING (Rulemaking for Establishment of Club Rules, Regulations and Rates) 1. Proof of Publication Mr. Kalin presented proof of publication that notice of the Public Hearing had been published in the Miami Daily Business Review on October 2, 2018, and October 3, 2018, as legally required. 2. Receive Public Comment Rule Development on Club Rules, Regulations and Rates Mr. Kalin explained the purpose of the Rule Development Public Hearing and proceeded to open the public comment portion Public Hearing. He asked if there were any comments regarding the proposed establishment of the Club Rules, Regulations and Rates. There being no comments from the public, Mr. Kalin closed the public comment portion of the Public Hearing. 3. Consider Public Comment and Amend/Revise Club Rules, Regulations and Rates, as Required Since there was no public comment, Mr. Kalin proceeded with the Public Hearing and asked the Board and club management (Staff) for comments. Mr. Javier asked about the “Club Parking Areas” and wanted to be sure that residents could park at the Club during off-peak times. The Board was directed to Exhibit A (Gardens by the Hammocks Club
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Rules and Regulations), Page 5, Section 3.5, where the topic was defined. The consensus of the Board was that Section 3.5 clearly defined the ability to use the Club parking areas during non-operational hours of the Clubhouse. No further Board action was required on this matter. Ms. Ceballos, referring to Exhibit B (Gardens by the Hammocks Club Schedule), brought to everyone’s attention that the definition of “Holidays” should include the “day after” Thanksgiving. A discussion ensued after which the Club Schedule of Hours was adjusted and the list of Holidays shall also include the “day after Thanksgiving”. Mr. Kalin asked if there were any additional comments from the Board, Staff or members of the public. There being no further comments related to the Establishment of Club Rules, Regulations and Fees, Mr. Kalin closed the comment portion of the Public Hearing. 4. Consider Resolution No. 2018-12 – Adopting Club Rules, Regulations and Rates Mr. Kalin presented Resolution No. 2018-12, entitled:
RESOLUTION 2018-12
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE GARDENS BY THE HAMMOCKS CLUB RULES AND REGULATIONS; ADOPTING THE SCHEDULE OF HOURS OF OPERATION, DUES, FEES AND CHARGES, RENTAL AREAS & FEES, RENTAL POLICIES, PROCEDURES AND REGULATIONS, AND ADDITIONAL RULES PERTAINING TO FACILITY RENTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kalin explained the purpose for the resolution and indicated, based upon public comment and recommended revisions discussed during the comment portion of the public hearing, that the Board should consider the adoption of the proposed Club Rules, Regulations, Dues, Fees and Charges, as revised. A discussion ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously to approve and adopt Resolution No. 2018-12, as revised; thereby establishing the Gardens by the Hammocks Club Rules, Regulations and Fees/Charges. At approximately 7:43 p.m., Mr. Kalin closed the Public Hearing and simultaneously reconvened the Regular Board Meeting. K. OLD BUSINESS 1. Staff Report, as Required There was no Staff Report at this time. L. NEW BUSINESS 1. Consider Resolution No. 2018-13 – Adopting a Fiscal Year 2017/2018 Amended Budget
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Resolution No. 2018-13 was presented, entitled:
RESOLUTION NO. 2018-13
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2017/2018 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.
Mr. Kalin read the title of the resolution into the record and provided an explanation for the document. He indicated that the Operating Fund as of September 30, 2018, had a positive fund balance (approximately $214,625). Furthermore, in order to balance the 2018/2019 annual operating fund budget, the District will use approximately $27,700 of the reported fund balance. In addition, Mr. Kalin stated that all District Debt Service Funds had sufficient funds to make the November 1, 2018, required debt service payments. A discussion ensued after which: A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously approving and adopting Resolution No. 2018-13, as presented, thereby setting the District’s amended/revised final budget for the 2017/2018 fiscal year. 2. Discussion Regarding Management Agreement between Castle Group and District Mr. Kalin provided copies of the proposed Amenity Services Agreement between the Century Gardens at Tamiami Community Development District (the “District”) and Castle Management, LLC (the “Contractor”) (the “Agreement”). Ms. Wald and Mr. Kalin explained the purpose of the Agreement (including the Exhibits). Discussions took place regarding the list of facilities, compensation and an effective date for the Agreement. Since the District will assume financial collection of annual dues/fees, bill paying and other related financial responsibilities, the Contractor, who will no longer be responsible for collection of dues and paying vendor invoicing (among other financial responsibilities), has offered to lower their management fee and charge $2.00 per door per month ($10,680 per year). Mr. Kalin explained that Special District Services, Inc. (“SDS”) has taken on additional responsibility in managing the District and would like to address this later in the agenda. His request was acknowledged. Further discussion on the proposed Agreement ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously approving and adopting, in substantially final form, the Amenity Services Agreement between the Century Gardens at Tamiami Community Development District (the “District”) and Castle Management, LLC (the “Contractor”) in the annual amount of $10,680.00, subject to all final comments and the review and approval by District Counsel; and further authorizes District Officers and Staff to execute the final Agreement, as required. Note: Prior to adjournment of this meeting and discussion of Administrative & Operational Matters Item 3, Ms. Ceballos stated that she had inadvertently quoted an inaccurate per door management fee and would like to readdress the matter. Her request was acknowledged after which the Board was asked to reconsider the motion regarding approving and adopting the Amenity Services Agreement. A discussion ensued after which;
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A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously to reconsider the motion above that approved and adopted the Amenity Services Agreement and open discussions regarding annual per door fees for management services provided by Castle Management, LLC. The Contractor asked the Board to consider the revised monthly door fee of $2.80 per unit ($14,952 annually). A discussion ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously approving and adopting, in substantially final form and as revised ($2.80 per unit per month management door fee), the Amenity Services Agreement between the Century Gardens at Tamiami Community Development District (the “District”) and Castle Management, LLC (the “Contractor”) in the annual amount of $14,952.00; subject to all final comments and the review and approval by District Counsel; and authorizes District Officers and Staff to execute the final Agreement, as required. 3. Staff Report, as Required There was no Staff Report at this time. M. ADMINISTRATIVE & OPERATIONAL MATTERS 1. General Election and Procedure for Declaring Vacancies, Effective November 20, 2018 Mr. Kalin stated that no qualified elector had qualified during the 2018 qualifying period for Seat #1 (currently vacant and formerly held by Ms. Brouwer) or Seat #2 (Mr. Javier) for the 2018 General Election process for the Century Gardens at Tamiami Community Development District and since the Board may not meet again until sometime after the New Year that it would be in order to declare vacancies in Seat #1 and Seat #2, effective as of the second Tuesday (November 20, 2018) following the November General Election (November 6, 2018). Pursuant to Section 190.006, Florida Statutes, incumbents, where applicable (holdover Board Members), will serve no longer than ninety (90) days (from November 20, 2018) or until appointments to the vacancies have been made. A discussion ensued after which:
A motion was made by Mr. Javier, seconded by Mr. Zayas and unanimously passed to declare vacancies on the Century Gardens at Tamiami Community Development District Board of Supervisors in Seat #1 (currently vacant) and Seat #2 (currently held by Mr. Javier), effective as of the date November 20, 2018; and the Board shall appoint qualified electors within ninety (90) days from November 20, 2018, to fill said vacancies. 2. Financial Risk Management Policy/Review – Fiscal Year 2017/2018 The Board was advised that Special District Services, Inc. (“SDS, Inc.”), acting in the capacity of District Manager, as part of best management practices and to satisfy annual audit requirements does implement certain measures and procedures to identify and mitigate financial mismanagement/fraud risks, as follows:
a. Each month the District’s operating/checking bank account is reconciled by an authorized person who has not deposited funds to, processed expenditures or written checks from, that particular operating/checking account; and
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b. Each expenditure from the District’s operating/checking account requires a minimum of two (2) approvals from authorized staff and/or District officials and the respective approvals are provided by persons other than the preparer of the expenditure(s); and c. All financial transactions are logged and maintained by the District Manager for record keeping purposes; and d. A designated member of the Board, typically the Chairperson (by an electronic approval procedure), has an opportunity to review the District’s expenditure(s) prior to the payment(s) being released; and e. The District engages an independent firm, pursuant to Chapter 218.391, Florida Statutes, to audit the prior year’s financial activities (October 1st through September 30th) from which an independent fiscal year annual audit is prepared; and f. Within sixty (60) days of the end of each fiscal year (September 30th) the District’s Board of Supervisors reviews, pursuant to Chapter 189.418(5), Florida Statutes, the prior year’s budget relative to actual revenues and expenditures and adopts by resolution an amended/revised final budget.
3. Discussion Regarding Regular Board Meeting Dates Mr. Kalin explained, for logistical and cost saving measures for the District, that future meetings would be conducted by his associate, Gloria Perez. He requested that the Board consider changing the meetings to the second Thursday of specified months with a starting time of 6:45 p.m. A discussion ensued after which; A motion was made by Mr. Javier, seconded by Mr. Zayas and unanimously passed to revise and approve the District’s Fiscal Year 2018/2019 Regular Meeting Schedule as follows: Meetings to be held at 6:45 p.m. in the Gardens by the Hammocks Clubhouse Meeting Room located at 15080 SW 116th Terrace, Miami, Florida 33196 on the following dates: December 13, 2018, January 10, 2019, February 14, 2019, March 14, 2019, April 11, 2019, May 9, 2019, June 13, 2019, July 11, 2019, September 12, 2019; and authorizes publication of the 2018/2019 Regular Meeting Schedule, as required by law. 4. Discussion Regarding Incidental Club Purchases and Credit Card Authorization This item was tabled. N. BOARD MEMBER & STAFF CLOSING COMMENTS Mr. Javier asked Mr. Kalin to address the District Manager’s Management Fees. Mr. Kalin stated that SDS had incurred additional management oversight and financial responsibilities as a result of the District’s Club acquisition, effective September 6, 2018. Furthermore, in order to offset the additional
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Staff time required for the increase in management responsibility, Mr. Kalin requested the Board consider an additional management fee of $500 per month. A discussion ensued after which;
A motion was made by Mr. Javier, seconded by Mr. Zayas and passed unanimously approving the increase in District Management Fees for the FY 2018/2019, payable monthly to Special District Services, Inc., the District Manager, in the amount of $500 per month, effective October 1, 2018. Mr. Kalin thanked the Board for their consideration and stated that during the FY 2019/2020 proposed budget process that SDS Management Fees would be reviewed to address the management oversite of the Club. Mr. Kalin stated that unless an emergency were to arise, the District/Board would not be required to meet until after the New Year. Those in attendance exchanged best wishes for the upcoming Holiday Season. O. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Javier, seconded by Mr. Riveros and passed unanimously to adjourn the meeting at 8:33 p.m. ________________________________ ____________________________________ Secretary/Assistant Secretary Chairperson/Vice Chairperson
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MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this _____ day of _____________, 20196 (the "Effective Date"), by and between: MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, and whose mailing address is c/o Miami-Dade County Park, Recreation and Open Spaces DepartmentGeneral Services Administration, 275111 NW 2nd 1st Street, 4th FloorSuite 2410, Miami, Florida 33128 (the “County”); and
and
CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, being situated in unincorporated Miami-Dade County, Florida, and whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the "District").
WHEREAS, pursuant to various recorded Plats and certain Declaration of Restrictions, copies of which are attached hereto as Exhibit “A”, of and over property located within the boundaries of the District, the District is required to provide and pay for Landscape Maintenance Services, as later defined, to certain park tractstract owned or to be owned by the County, said park tractstract being more particularly described in Exhibit “B” attached hereto and made a part hereof (the “ParksPark”); and WHEREAS, the District has agreed to provide Landscape Maintenance Services to the ParksPark in accordance with this Agreement; and WHEREAS, the County and the District have determined that such an Agreement will be to the mutual benefit of the County, the District, and the residents thereof; and NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed and the faithful performance of the same, the parties mutually agree as follows:
Section 1. Recitals and Findings. 1.01 The recitals and findings set forth above are hereby adopted by reference and
incorporated herein as if fully set forth in this section.
1.02 The purpose of this Agreement is merely to memorialize the Agreement between the parties regarding the maintenance of the ParksPark and does not serve to create an interest in land in the ParksPark or any other part of the ParksPark property.
Formatted: Indent: First line: 0"
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Formatted: Superscript
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1.03 Prior to entering this Agreement, County has inspected the ParksPark and finds the condition of the ParksPark acceptable and in accordance with the development approvals pertaining to the ParksPark. County agrees that no additional improvements, landscaping or otherwise, shall be required of the District.
Section 2. Term. 2.01 This Agreement shall be effective upon execution by both parties and shall
continue until May 30, 2020September 30, 2015, and thereafter shall automatically renew on an annual basis unless otherwise terminated pursuant to Section 8 of this Agreement.
Section 3. Maintenance Requirements. 3.01 The District shall be responsible for providing maintenance services to the
ParksPark in accordance with the requirements of Maintenance Services, a copy of which is attached hereto and made a part hereof as Exhibits “C” and ”D” (the “Maintenance Services”).
3.02 The term “landscape” or “landscaping,” shall mean living plant materials and
nonliving durable materials commonly used in environmental design such as, but not limited to curbing, rocks, pebbles, sand, paving, decorative pavers, pump systems, grading and irrigation systems.
3.03 The term, “facilities” shall mean any hardscaping or equipment existing at the
time of the Agreement or installed or constructed by the District, such as, but not limited to trash receptacles, benches, playground or exercise equipment, and fencing.
3.03 The maintenance of any and all such landscaping and facilities within the ParksPark shall comply with applicable requirements of the County’s Code of Ordinances, and shall be pre-approved by the County’s Director of ParksPark and Recreation or his or her designee. 3.04 County hereby grants to the District, its contractors, agents, and employees permission to enter the ParksPark for purposes of providing Maintenance Services and for any construction, installation, restoration, repair, or maintenance of any landscaping or hardscaping or appurtenances thereto.
Section 4. Additional Improvements. 4.01 The District may, upon prior notification to and the written approval of the
County’s Director of ParksParks, and and Recreation, install or construct within the ParksPark, at its expense, additional landscaping materials or facilities. The location of said landscaping or
Commented [BI(1]: Should the agreement be limited to landscaping or is the intent for the CDD to make improvements on behalf of the County, prior approval from County needed.
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facilities shall be approved by the County’s ParksPark and Recreation Director or his or her designee prior to installation. If any such additional improvements are installed, the District agrees to maintain the same in accordance with the terms of this Agreement and its exhibits.
4.02 The County may, install or construct within the ParksPark, at its expense,
additional landscaping materials or facilities. If any such additional improvements are installed pursuant to this provision, the District shall be responsible for maintaining the same in accordance with the terms of this Agreement and its exhibits.
Section 5. Contractual Services. 5.01 The District may contract for the provision of Landscape Maintenance Services in
a manner not inconsistent with the County Code of Ordinances and in accordance with the provisions of Section 190.033, Florida Statutes.
Section 6. Indemnification. 6.01 The County does hereby agree to indemnify and hold harmless District to the
extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000 ($200,000 for claims arising on or after the Effective Date) or any claim or judgments or portions thereof which, when totaled with all other occurrence, exceed the sum of $200,000 ($300,000 for claims arising on or after the Effective Date) from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the entity from any liability or claim arising out of the negligent performance or failure of performance of the entity or any unrelated third party.
6.02 The District shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses, damages, including attorney’s fees and costs of defense, which County may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the District and District shall defend the County, including any and all appellate actions, in any such actions or proceedings whether in the name of the County or otherwise. Provided, however, the indemnification contained herein shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of the Statute whereby the District shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000 ($200,000 for claims arising on or after the Effective Date), or any claim or judgment or portions thereof, which when totaled with all other claims or judgments paid by the District arising out of the same incident or occurrence, exceed the sum of $200,000 ($300,000 for claims arising on or
Commented [BI(2]: See comment above
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after the Effective Date) from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the County.
Section 7. Insurance. 7.01 The parties shall each individually maintain throughout the term of this
Agreement any and all applicable insurance coverage required by Florida law for governmental entities.
7.02 Should the District hire a contractor to undertake the maintenance activity
required pursuant to this agreement, prior to any maintenance activity undertaken by their contractor, District or Contractor shall submit to the County copies of its required coverages and specifically provide that Miami-Dade County (defined to mean the County, its officers, agents, employees, volunteers and representatives) is an additional insured or additional named insured with respect to the required coverages and the operations of contractor. 7.03 In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then, in that event, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension thereunder is in effect. District and Contractor shall not continue to complete the improvements required by this Agreement unless all required insurance remains in full force and effect.
7.04 The District shall require Contractor to procure and maintain at its own expense
and keep in effect during the full term of the Agreement a policy or policies of insurance which must include the following coverages and minimum limits of liability.
(a) Worker’s Compensation Insurance for statutory obligations imposed by Worker’s
Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoreman’s and Harbor Worker’s Act, the Federal Employers’ Liability Act and the Jones Act. Employer’s Liability Insurance shall be provided with a minimum of one hundred thousand and xx/100 dollars ($100,000.00) per accident. Contractor shall agree to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment.
(b) Comprehensive General Liability (occurrence form), with the following minimum
limits of liability, with no restrictive endorsements:
$500,000 Combined Single Limit, per occurrence, Bodily Injury & Property Damage Coverage shall specifically include the following with minimum limits
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not less than those required for Bodily Injury Liability and Property Damage Liability: 1. Premises and Operations; 2. Independent Contractors; 3. Product and Completed Operations Liability; 4. Broad Form Property Damage; and 5. Broad Form Contractual Coverage applicable to the Agreement and
specifically insuring the indemnification and hold harmless agreement provided herein.
(c) Auto Liability Insurance, covering all owned, non-owned, and hired vehicles used in connection with this Agreement in an amount not less than $500,000 combined single limit for bodily injury and property damage. 7.05 County does not in any way represent that the types and amounts of insurance
required hereunder are sufficient or adequate to protect District’s or Contractor’s interest or liabilities, but are merely minimum requirements established pursuant to this Agreement.
7.06 Insurance companies selected by the Contractor must be acceptable to County.
All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the County and to District.
7.07 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the state of Florida, with a minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best’s Insurance Guide.
7.08 Any Contractor retained by District to perform work at the subject property shall
ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against the County for payment or assessments in any form on any policy of insurance.
7.09 County shall provide written notice of the occurrence to District of any possible
insurable claim or event within fifteen (15) working days of County’s actual notice of such a claim or event.
7.10 Violation of the terms of this Section and its sub-parts shall constitute a breach of
the Agreement, and County, in its sole discretion, may cancel the Agreement, and all rights, title and interest of District in this Agreement shall thereupon cease and terminate.
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Section 8. Termination. 8.01 County may terminate this Agreement with or without cause by providing District
with at least thirty (30) days written notice. Upon or prior to the effective date of termination, County shall thereafter be responsible for all Landscape Maintenance Services within the ParksPark, and shall provide such services in strict accordance with the specifications of Exhibit “C” and Exhibit “D” to this Agreement.
Section 9. Severability. 9.01 Should any part, term, or provision of this Agreement be ruled illegal by a court
of competent jurisdiction or held to be in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby.
Section 10. Assignment. 10.01 Neither party shall assign, transfer, sublet or subject this Agreement or its rights,
title, or interest thereupon without the other party’s prior written approval. Section 11. Governing Law and Venue. 11.01 The validity, construction, and effect of this Agreement shall be governed by the
laws of the State of Florida, Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
Section 12. Construction of Agreement. 12.01 The terms and conditions herein are to be construed with their common meaning
to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural and all words in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders.
Section 13. Entire Agreement, No Oral Modification. 13.01 This Agreement represents the entire and integrated agreement between County
and District, and supersedes all prior negotiations, representations or agreements, either written or verbal. This Agreement may only be amended by written instruments signed by both County and District and may include other services only if directly related to the intent and scope of this Agreement. The failure of a party to insist on strict performance of any terms of this Agreement shall not be construed as a waiver and relinquishment for the future of any term, condition or election but the same shall remain in full force and effect..
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Section 14. Conflict of Interest. 14.01 District covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with County. District further covenants that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of the District or its agents and employees must be disclosed in writing to County.
14.02 District warrants that it has not employed or retained any person employed by
County to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by the County any fee, commission, percentage, brokerage fee, or gift of any kind contingent or resulting from the award of this Agreement.
Section 15. Notices. 15.01 All notices or other communications required by this Agreement shall be in
writing and deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses unless otherwise specified herein:
County: Miami-Dade County Park and Recreation Department Director 275 NW 2nd Street, 5th Floor
Miami, Florida 33128 District: District Manager
Century Gardens at Tamiami Community Development District 2501A Burns Road Palm Beach Gardens, Florida 33410
Copy to: Dennis E. Lyles, Esq.
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. SunTrust Center, Sixth Floor 515 East Las Olas Boulevard Fort Lauderdale, Florida 33301
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Section 16. No Waiver. 16.01 The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder, at law or in equity, and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by any party of any default under this Agreement shall be effective or binding on such party unless made in writing by such party and no such waiver shall be implied from any omission by a party to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver. One (1) or more written waivers of any default under any provision of this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provision contained in this Agreement.
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IN WITNESS WHEREOF, Miami-Dade County and Century Gardens at Tamiami
Venetian Parc Community Development District, have caused these presents to be executed in their respective names, by proper officials, the day and year first above written.
Attest: MIAMI-DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida By:______________________________ By:_______________________________ Deputy Clerk Carlos A. Gimenez, Mayor or
Mayor’s Designee Approved for Legal Sufficiency: _______ Monica Rizo, Assistant County Attorney STATE OF FLORIDA } COUNTY OF MIAMI-DADE }
The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by ______________________________, as _______________________ of Miami-Dade County, Florida, who is personally known and/or produced ______________________ as identification and who being duly sworn, depose and say that the aforementioned is true and correct to their best knowledge. [SEAL] _________________________________
Notary Public Commission:
The foregoing was authorized and approved by Resolution No. R-875-18 of the Board of County Commissioners of Miami-Dade County, Florida, on the 5th day of September, 2018.
Formatted: Indent: Left: 0", Hanging: 3.75"
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CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT
Attest: ______________________________ By:_______________________________ Secretary/Assistant Secretary Chairperson
_____ day of _____________, 2016 STATE OF FLORIDA } COUNTY OF MIAMI-DADE }
The foregoing instrument was acknowledged before me this ____ day of ____________, 20198, by ________________________, as Chairperson of the Board of Supervisors for CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT, who is personally known and/or produced ______________________ as identification and who being duly sworn, deposes and says that the aforementioned is true and correct to his or her best knowledge. [SEAL] _________________________________
Notary Public Commission:
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RESOLUTION NO. 2019-01
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET AND NON-AD VALOREM SPECIAL ASSESSMENTS FOR FISCAL YEAR 2019/2020; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Supervisors (“Board”) of the Century Gardens at Tamiami Community Development District (“District”) is required by Section 190.008(2)(a), Florida Statutes, to approve a Proposed Budget for each fiscal year; and, WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2019/2020 has been prepared and considered by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT, THAT:
Section 1. The Proposed Budget including the Assessments for Fiscal Year 2019/2020 attached hereto as Exhibit “A” is approved and adopted.
Section 2. A Public Hearing is hereby scheduled for June 13, 2019 at 6:45 p.m. in the Garden by the Hammocks Clubhouse Meeting Room located at 15080 SW 116th Terrace, Miami, Florida 33196, for the purpose of receiving public comments on the Proposed Fiscal Year 2019/2020 Budget.
PASSED, ADOPTED and EFFECTIVE this 11th day of April, 2019.
ATTEST: CENTURY GARDENS AT TAMIAMI COMMUNITY DEVELOPMENT DISTRICT By: By: Secretary/Assistant Secretary Chairperson/Vice Chairperson
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Century Gardens At Tamiami Community Development District
Proposed Budget For Fiscal Year 2019/2020
October 1, 2019 - September 30, 2020
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4/4/2019 Google Maps
https://www.google.com/maps/@25.6582104,-80.4379948,90m/data=!3m1!1e3 1/1
Imagery ©2019 Google, Map data ©2019 Google 20 ft
Proposed Golf CartParking Area
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