09-07-2010
City Commission
Susan Gottlieb, Mayor
The City of
Aventura
ap"..
. :>, "
~""~"""ff"""'';./
City ManaKCT
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Ocrk
Teresa M. Soroka, MMC
City Atto.l7lcV
Weiss Serota Helfman
Pastoriza Cole & Boniske
SEPTEMBER 7, 2010 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENT A TIONS:
Presentation of Proclamation to Mr./Mrs. Rosenberg
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
July 6, 2010 Commission Meeting
July 15,2010 Commission Meeting,
July 15,2010 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA EXPRESSING SUPPORT FOR THE
FLORIDA DEPARTMENT OF TRANSPORT A TION'S SFEC
CORRIDOR PROJECT (FROM JUPITER TO MIAMI) AND ITS
AFFILIATED REGIONAL AND COUNTY TRANSPORTATION
AGENCIES; ACKNOWLEDGING POTENTIAL ST A TION
LOCATIONS; ACKNOWLEDGING THE CITY'S
COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY
September 7, 2010
IN THE SOUTHEAST FLORIDA REGION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
D A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 10-07-12-2, PUBLIC WORKS &
LANDSCAPE MAINTENANCE SERVICES TO LUKES'
LANDSCAPING, INC. DBA LUKES-SAWGRASS LANDSCAPE
AT THE BID PRICE OF $975,000.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
E. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE
GOVERNING BOARD FOR THE A VENTURA CITY OF
EXCELLENCE SCHOOL
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED
JUNE 30, 2010 AND TO ACCEPT FOR FILING THAT LETTER
DATED AUGUST 26, 2010 ATTACHED AS ATTACHMENT 1
F. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE
GOVERNING BOARD FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL
MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE
SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE
CITY MANAGER'S MEMORANDUM DATED AUGUST 25, 2010.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, ESTABLISHING A RANKING OF
FIRMS TO PROVIDE THE CITY WITH A LOAN NOT TO
EXCEED $16,500,000 IN AGGREGATE PRINCIPAL AMOUNT
OF OBLIGATIONS OF THE CITY TO REFINANCE THE
ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL
IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF
ISSUING SUCH OBLIGATIONS; AUTHORIZING THE CITY
MANAGER OF THE CITY OF A VENTURA, FLORIDA OR HIS
DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR
2
September 7, 2010
SAID SERVICES; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF NOVEMBER 2, 2010, DECLARING
QUALIFYING UNOPPOSED CANDIDATES ELECTED TO
OFFICE OF MAYOR, COMMISSION SEAT 2, COMMISSION
SEAT 4, AND COMMISSION SEAT 6 WITHOUT NECESSITY
FOR FURTHER CONDUCT OF ELECTION PROCESS, AS
CERTIFIED BY THE CITY CLERK; AND PROVIDING AN
EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT
BETWEEN THE CITY OF A VENTURA AND THE CITY OF
CORAL GABLES FOR LAW ENFORCEMENT ACTIVITIES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING-PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,500,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE
CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION
OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST
ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
3
September 7, 2010
AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED
SEPTEMBER 2, 2003 AND AMENDED DECEMBER 29, 2004,
MADE BETWEEN MERCO GROUP AT AVENTURA
LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY
OF A VENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012
AND TO ADD APPLICABILITY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT FEE TO
DEVELOPMENT OF THE CONDOMINIUM AND LOFTS
PARCELS, RELATING TO THE PARCELS OF LAND ZONED
RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT,
CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-145(b) "TOWN CENTER DISTRICT
(TC1)" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO REVISE THE LIST OF PERMITTED USES
IN THE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING:
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
1ST BUDGET HEARING
WORKSHOP MEETING
2ND BUDGET HEARING
SEPTEMBER 14,2010 6 PM
SEPTEMBER 16,2010 9 AM
SEPTEMBER 22, 2010 6 PM
COMMISSION CHAMBER
5TH FLR. EX. CONF. ROOM
COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensu32re
that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office ofthe City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
~
-
MINUTES
CITY COMMISSION MEETING
JULY 6,2010
following 6 PM LPA
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb immediately following the 6 pm Local Planning Agency meeting. Present were
Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez
Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, and
City Attorney David Wolpin. City Clerk Teresa M. Soroka was absent. As a quorum
was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led during LPA
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Diamond, seconded by Commissioner Joel, passed unanimously and the
following action was taken:
A. APPROVAL OF MINUTES:
June 1,2010 Commission Meeting
June 17, 2010 Commission Meeting,
June 17,2010 Workshop Meeting
B. Resolution No. 2010-38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
A VENTURA AND THE CITY OF MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2010-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 2010-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA TO PURSUE MEASURES TO BECOME A
"GREEN LOCAL GOVERNMENT" THROUGH IMPROVED
ENVIRONMENTAL PERFORMANCE THROUGH SUSTAINABLE
PROGRAMS AND PRACTICES; ADOPTING LANGUAGE INTO THE
CITY'S MISSION STATEMENT; ADOPTING THE CITY'S INTENT TO
CONSTRUCT ALL CITY-OWNED BUILDINGS TO GREEN BUILDING
STANDARDS; RECOGNIZING THE FLORIDA GREEN BUILDING
COALITION (FGBC) GREEN BUILDING PROGRAM AS A GREEN
BUILDING RATING SYSTEM FOR PURPOSES OF DEVELOPMENT
INCENTIVES AND OTHER PROVISIONS OF THE CITY'S GREEN
BUILDING PROGRAM ESTABLISHED BY ORDINANCE NO. 2009-18;
PROVIDING FOR AN EFFECTIVE DATE
E. Resolution No. 2010-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR VALET/PARKING
MANAGEMENT SERVICES WITH THE FIRM OF DOUBLE PARK, LLC.;
AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000
FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND TRAINING
AND TRAFFIC UNIT OFFICE ENHANCEMENTS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
G. Resolution No. 2010-42 was adopted as follows:
A RESOLUTION OF THE CITY OF A VENTURA SUPPORTING THE
REGIONAL PLANNING COUNCILS OF SOUTHEAST FLORIDA IN
PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE
FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE AND
ESTABLISHING A WORKING PARTNERSHIP AGREEMENT WITH
2
PUBLIC, PRIVATE, NON-PROFIT, AND CIVIC SECTOR
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO, WATER
RESOURCE, HOUSING, HUMAN SERVICES, ENVIRONMENTAL AND
TRANSPORTATION AGENCIES, COMMUNITY-BASED
ORGANIZATIONS, LOCAL GOVERNMENTS, NON PROFITS,
ACADEMIA AND RESEARCH INSTITUTIONS, SCHOOL BOARDS AND
PRIVATE SECTOR ORGANIZATIONS.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on
the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please
inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due
weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission
to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their
authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED
SEPTEMBER 2, 2003 AND AMENDED DECEMBER 29, 2004, MADE
BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III,
INC. AS DEVELOPER AND THE CITY OF A VENTURA TO EXTEND
THE TERM OF THE AGREEMENT FROM FEBRUARY 2, 2010 TO
AUGUST 2, 2012 AND TO ADD APPLICABILITY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT FEE TO DEVELOPMENT
OF THE CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE
PARCELS OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28
COURT, CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
A motion for approval was offered by Commissioner Weinberg and seconded by
Vice Mayor Stern. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
3
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING
SECTION 31-145(b) "TOWN CENTER DISTRICT (TC1)" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA AMENDING PROVISIONS OF
THE POLICE OFFICERS' RETIREMENT PLAN REQUIRED BY LAWS OF
FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED TERMS
FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN INCREASED CAP
ON INTERNATIONAL INVESTMENTS UP TO TWENTY-FIVE PERCENT;
PROVIDING FOR COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH PROVISION OF
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT; PROVIDING FOR CHANGING OF JOINT SURVIVOR ANNUITY
AFTER RETIREMENT UP TO TWO TIMES WITHOUT PRIOR APPOV AL;
PROVIDING FOR FULL FUNDING UPON TERMINATION OF THE
RETIREMENT PLAN; PROVIDING FOR AUTHORITY TO DIRECT PAYMENT
FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE PREMIUMS;
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2010-07 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution
by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF A VENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
4
2010/11 TO 2014/15 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Resolution No. 2010-43 was enacted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
5
The C~ of
AVentura
-
MINUTES
COMMISSION MEETING
JULY 15, 2010 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:00 a.m.
by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stem, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka reviewed
the highlights of the budget process for the upcoming year as outlined in his budget
message. He then reviewed the proposed 2010/11 budget document, as follows:
A. GENERAL FUND, including Revenues, General Government
Departments (City Commission, City Manager, Finance, Information Technology,
Legal, City Clerk), Public Safety Department, Community Development
Department, Community SeNices Department, Arts & Cultural Center, Non-
Departmental and Capital Outlay.
A motion for approval of the General Fund Budget Revenues was offered by
Commissioner Joel, seconded by Commissioner Diamond, and unanimously
passed.
A motion for approval of the City Commission budget was offered by
Commissioner Weinberg, seconded by Commissioner Holzberg, and
unanimously passed.
A motion to approve the City Manager budget was offered by Commissioner
Holzberg, seconded by Commissioner Auerbach, and unanimously passed.
A motion to approve the Legal Department budget was offered by Commissioner
Joel, seconded by Vice Mayor Stem, and unanimously passed.
A motion to approve the City Clerk budget was offered by Commissioner Joel,
seconded by Commissioner Holzberg, and unanimously passed.
A motion to approve the Finance Department budget was offered by
Commissioner Weinberg, seconded by Commissioner Auerbach, and
unanimously passed.
A motion to approve the Information Technology budget was offered by
Commissioner Holzberg, seconded by Commissioner Joel, and unanimously
passed.
A motion to approve the Public Safety budget was offered by Commissioner Joel,
seconded by Commissioner Auerbach, and unanimously passed.
A motion to approve the Community Development Department budget was
offered by Commissioner Holzberg, seconded by Vice Mayor Stern, and
unanimously passed.
A motion to approve the Community Services Department budget was offered by
Commissioner Diamond, seconded by Commissioner Weinberg, and
unanimously passed.
A motion to approve the Arts & Cultural Center Department budget was offered
by Commissioner Joel, seconded by Commissioner Weinberg, and unanimously
passed.
A motion to approve the Non-Departmental budget was offered by Commissioner
Holzberg, seconded by Commissioner Auerbach, and unanimously passed.
A motion to approve the Capital Outlay budget was offered by Vice Mayor Stern,
seconded by Commissioner Auerbach, and unanimously passed.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE
RATE FOR THE 2009/2010 FISCAL YEAR; PROVIDING FOR THE
DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER
THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the resolution, which establishes a millage rate for the
2010/11 fiscal year of 1.7261 per $1,000 of taxable assessed value, was offered
by Commissioner Joel, and seconded by Commissioner Weinberg. The motion
unanimously passed and Resolution No. 2010- 35 was adopted.
Mr. Soroka announced the dates of the Budget Hearings as September 14, 2010
and September 22, 2010, both at 6 p.m. in the Commission Chamber of the
Aventura Government Center, 19200 West Country Club Drive, Aventura, FL.
2
C. POLICE EDUCATION FUND: A motion for approval was offered by
Commissioner Holzberg, seconded by Commissioner Joel, and unanimously
passed.
D. TRANSPORTATION AND STREET MAINTENANCE FUND: A motion for
approval was offered by Commissioner Auerbach, seconded by Commissioner
Weinberg, and unanimously passed.
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval
was offered by Commissioner Joel, seconded by Commissioner Diamond, and
unanimously passed.
F. 911 FUND: A motion for approval was offered by Commissioner
Auerbach, seconded by Vice Mayor Stern, and unanimously passed.
G. DEBT SERVICE FUND: A motion for approval was offered by
Commissioner Holzberg, seconded by Commissioner Diamond, and unanimously
passed .
H. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered
by Vice Mayor Stern, seconded by Commissioner Weinberg, and unanimously
passed.
I. STORMWA TER UTILITY FUND: A motion for approval was offered by
Commissioner Joel, seconded by Commissioner Holzberg, and unanimously
passed.
3. RESOLUTIONS:
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AGREEMENT
BY AND BETWEEN PERFORMING ARTS CENTER AUTHORITY AND THE
CITY OF AVENTURA FOR MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND
CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, and seconded
by Commissioner Holzberg. The motion for approval passed unanimously
and Resolution No. 2010-36 was adopted.
3
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE
CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Holzberg. The motion for approval passed unanimously and
Resolution No. 2010-37 was adopted.
4. ADJOURNMENT: After motion made, seconded and unanimously passed, the
meeting adjourned at 10:30 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
4
A'!he C. ity of
n.venti1ra
"
MINUTES
CITY COMMISSION
WORKSHOP MEETING
July 15, 2010 10:45 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 10:45 a.m. by Mayor
Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond, Teri Holzberg, Billy
Joel, Luz Weinberg, Vice Mayor Michael Stem, Mayor Susan Gottlieb, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
1. PROPOSED ADULT RETIREMENT COMMUNITY AT COUNTRY CLUB ZONING AND
COMPREHENSIVE PLAN AMENDMENT (City Manager): Community Development
Director Joanne Carr addressed the Commission and explained the request of Fairmont
Turnberry Isle for an amendment to the Business & Office future land use designation in the
City's Comprehensive Plan, an amendment to the definitions in the LDR, and an
amendment to the Community Business (B2) zoning district to permit adult retirement
communities associated with country clublresort hotels. Attorneys Jeffrey Bercow, Mickey
Marrero, and Ken Bernstein represented the applicant.
CITY MANAGER SUMMARY: Applicant was advised that it may proceed with filing the
required applications which would require public hearings and may be addressed at the
October 2010 Commission Meeting, along with other zoning legislation for consideration and
approval as necessary. Applicant was also advised that the Commission's discussion did
not indicate any form of approval on the Commission's part but would be considered as part
of the normal zoning review process.
2. FOUNDERS DAY PROGRAM (City Manager): Community Services Director Robert
Sherman reviewed the proposed program.
CITY MANAGER SUMMARY: Consensus to approve.
3. CITY CLERK REVIEW (Commissioner Joel): Commissioner Joel recommended that the
City Clerk receive the compensation as outlined on his memo dated June 28, 2010.
CITY MANAGER SUMMARY: Consensus to approve.
Mr. Soroka advised the Commission of a request to rent the AACC for religious services.
Consensus to continue the City's current policy utilized for its other facilities at this time.
4. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at
11 :45 a.m.
Approved by the Commission on
Teresa M. Soroka, MMC, City Clerk
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: July 29, 2010
SUBJECT: Resolution Declaring Equipment S
September 7,2010 Commission Meeting Agenda Item 5-8
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01695-10
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5.
adoption.
The foregoing resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
put to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved
, and upon being
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 2
PASSED AND ADOPTED this 7th day of September, 2010.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIEJ<J'tY:
f--rfvM
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM"
DATE:
27 July 2010
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP. Chapter 6. Subsection 5. Page 1 as these items
have become inadequate for public purposes:
Please surplus the below listed Police Department vehicle:
Year
VIN#
Make & model
\1999 11 GCGG25R3X1 006506 I Chevrolet Van D
CITY OF AVENTURA
POLICE DEPARTMENT
TO:
FROM:
DATE:
17 August 2010
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Please surplus the attached list of emergency vehicle equipment at the
September 2010 Commission meeting.
EQUIPMENT FOR AUCTION
AUGUST/2010
ITEM MANUFACTURE AMOUNT
THROW ABLE NONE 18 UNITS
DEVICE (LIFE
RINGS)
3 UNITS
LIGHT BARS WHELEN EDGE ULTRA
MODEL-SLSBBBB
5 UNITS
LIGHT BARS WHELEN EDGE ULTRA
MODEL-9U7228000
1 UNIT
LIGHT BARS WHELEN EDGE
MODEL -9M282000
19 UNITS
HUB CAPS FORD
CROWN VICT
6 UNITS
SIREN AMPLIFER WHELEN
MODEL-BL-627
8 UNITS
STROBE POWER WHELEN
SUPPLY MODEL-CSP-660
5 UNITS
TRAFFIC ADVISOR WHELEN
MODEL-MPC-Ol
8 UNITS
SIREN SPEAKERS WHELEN
MULTIPLE WHELEN 10 UNITS
STROBE LIGHTS
2 UNITS
TRAFFIC LIGHTS WHELEN
MODEL-DASHKING
2000
MULTIPLE 1 BOX
ELECTRICAL WHELEN
SWITCHES AND
MODULE
JOTTO DESK 9 UNITS
LAB TOP STANDS
JOTTO DESK 5 UNITS
CENTER CONSOLES
Date:
To:
From:
Re: Surplus Furniture
22 overhead projects (Now that we have document cameras in all classrooms
this technology is obsolete.)
21 computer tables that are damaged and have sharp metal edges which were
part of ACES original furniture
We would like to surplus these items.
Thank you
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: August 24,2010
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Resolution Expressing Support for the SFEC Corridor Project to
Enhance Mobility in the Southeast Florida Region
September 7,2010 City Commission Meeting Agenda Item .s ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution expressing
support for the SFEC Corridor Project to enhance mobility in the Southeast Florida
region. Ihe Resolution also states that the City agrees with the proposed transit station
location which is located along Dixie Highway between Ives Dairy and Miami Gardens
Drive.
The Florida Department of Transportation has requested the Resolution to include as
part of their Final Alternatives Analysis Report to the Federal Transit Administration.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01698-10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA EXPRESSING SUPPORT
FOR THE FLORIDA DEPARTMENT OF
TRANSPORTATION'S SFEC CORRIDOR PROJECT
(FROM JUPITER TO MIAMI) AND ITS AFFILIATED
REGIONAL AND COUNTY TRANSPORT A TION
AGENCIES; ACKNOWLEDGING POTENTIAL STATION
LOCATIONS; ACKNOWLEDGING THE CITY'S
COMMITMENT TO THE PROJECT TO ENHANCE
MOBILITY IN THE SOUTHEAST FLORIDA REGION;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the FEC Railway corridor was historically operated as a passenger rail line
along Florida's east coast, traversing the Southeast Florida Region; and
WHEREAS, cities along Florida's east coast historically developed around train stations
along the FEC railroad: and
WHEREAS, modem cities along Florida's east coast are currently implementing
programs to redevelop historic downtowns built around train stations; and
WHEREAS, the public policy Eastward Ho!, developed by the Governor's Commission
for a Sustainable South Florida, provides guidance for improving quality of life and managing
growth including the redevelopment of eastern Miami-Dade, Broward, and Palm Beach
Counties; and
WHEREAS, improved mobility is highly desired in the Southeast Florida Region and
throughout the State of Florida; and
WHEREAS, transit, including rail transit, is a key component of improved mobility,
especially between cities and throughout the Southeast Florida Region; and
Resolution No. 2010-
Page 2
WHEREAS, the reintroduction of passenger service along Florida's east coast would
provide near-term jobs and economic stimulus for Florida's residents and businesses; and
WHEREAS, the reduction of Vehicle Miles Traveled (VMT) and changes to the
distribution of trips by transportation mode would reduce fuel consumption and the amounts of
pollutants emitted in the Southeast Florida Region; and
WHEREAS, an integrated system of transit services is needed for existing and future
travel markets including long-distance travel served by the SFRC/Tri-Rail Commuter Rail
System, moderate-distance travel served by transit in the eastern FEC Railway Corridor, and
local travel in the urban centers by local circulator services;
WHEREAS, the FEC Railway Corridor right-of-way represents a unique and strategic
transportation corridor that provides vital freight and transportation rail services to and from
South Florida; and
WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC
Railway corridor as a potential "Coastal Route" for new passenger rail service in the State of
Florida; and
WHEREAS, the 2008 SFRTA Strategic Regional Transit Plan, outlined transit corridor
expansion alternatives including the FEC Railway Corridor; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS
SECTION 1. Working with the Florida Department of Transportation, local
governments, and other appropriate public agencies, a Locally-Preferred Alternative will be
recommended to the Boards of the southeast Florida Metropolitan Planning Organizations
(MPOs), the South East Florida Transportation Council (SEFTC), and the Governing Board of
the South Florida Regional Transportation Authority (SFRTA) for endorsement/adoption.
Resolution No. 2010-
Page 3
SECTION 2. The City of A ventura agrees with the proposed transit station locations, as
identified through a collaborative, public process in Phase 2 of this Study, particularly as they
pertain to this jurisdiction, as appropriate.
SECTION 3. Working with the Florida Department of Transportation and other
appropriate agencies, the City of A ventura agrees to support complementary land use policies,
land development regulations, and economic development activities consistent with the Federal
Transit Administration New Starts Development Process.
SECTION 4. The FDOT, on behalf of all state stakeholders is encouraged to actively
pursue obtaining shared access to the current FEC Railway Corridor with the purposes of
reintroducing passenger transit services within the FEC Railway Corridor.
SECTION 5. The City Clerk is hereby authorized to forward a copy of this resolution to
all appropriate public agencies including County commissions and officials involved in regional
transit planning, the SFR T A and its membership, the Florida League of Cities, the Florida
Association of Counties, local governments, and Chambers of Commerce within the South
Florida area, CSX Transportation, Flagler Development Group, Florida East Coast Railway,
L.L.C, and aviation and sea port agency officials.
SECTION 6. The City Manager is hereby authorized to do all things necessary to carry
out the aims of this Resolution.
SECTION 7. This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a vote,
the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez- Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
Resolution No. 2010-
Page 4
PASSED AND ADOPTED this 7th day of September, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY AT~~ ~
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Robert M. Sherman, Director of Co
FROM: Eric M. Soroka, ICMA-CM, City
DATE: August 18, 2010
SUBJECT: Bid No. 10-07-12-2, Public Works & Landscape Maintenance Services
September ih, 2010 City Commission Meeting Agenda Item I.;D
Recommendation:
The City Commission adopt the attached Resolution awarding Bid No. 10-07-12-2
Public Works & Landscape Maintenance Services, to the lowest responsible and
responsive bidder, Lukes' Landscaping, Inc. DBA Lukes-Sawgrass Landscape for the
price of $975,000.00.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on July 12, 2010. All contract specifications were reviewed by
the Purchasing Agent, Finance Director, City Attorney and Landscape Architect prior to
advertising for bids.
Interested firms could download the specifications through "Demand Star" on the
internet or picked up plans from the City. A mandatory pre-bid meeting was held on
June 9, 2010 and fourteen firms were in attendance:
Thompson Lawn Care
Valley Crest
L. Jones Trucking
Tropical Landscaping
MCC Civil
Lukes' Landscaping, Inc. DBA Lukes-Sawgrass Landscaping
Lawn Wizard
Tip top Enterprises
Vila & Son
Brickman
Superior Landscaping
SPM Services
DynaServ FL
Jerry's Custom Landscaping
City Commission
August 18, 2010
Page Two
Three qualified bids were opened on July 12, 2010 and the results are as follows:
Lukes' Landscaping, Inc DBA Lukes-Sawgrass Landscape $ 975,000.00
Superior Landscaping 1,131,569.00
Valley Crest 1,710,435.00
The lowest responsive and responsible bid represents an annual savings of $398,808
to the City from the present contract, for a total savings of $1,196,424 over the three
year contract period.
This bid term is for one three year term, with the City retaining the sole option to renew
the bid for one additional three year term. Bid specifications included public works
services and landscape and irrigation maintenance services for all landscaped areas,
parks, athletic fields, medians, and swales located in the City, not including the
Biscayne Boulevard right-of-way. The bid also specified pricing for planting flowers
three times per year at various locations in the center medians throughout the City.
One of the new requirements in this bid, in accordance with the City's Go Green efforts,
was requiring all riding or stand-behind lawn mowers to be powered by alternative fuels
other than gasoline, such as propane, bio-diesel, and other approved alternative fuels.
The bid specifications also require the successful bidder to provide the City with 24 hour
emergency services ranging from clearing roadways to providing clean-up and recovery
services for major weather events, including hurricanes, storms and flooding. The
successful bidder was also required to own certain equipment necessary to maintain
the medians and right-of-ways to all appropriate local and state standards.
Based on the bids received, I recommend the lowest responsible and responsive
bidder, Lukes' Landscaping, Inc. DBA Lukes-Sawgrass Landscape be awarded Bid No.
10-07-12-2 at the base bid amount of $975,000.00 per year.
RMS/gf
Attachments
RMS10026
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 10-07-12-2, PUBLIC WORKS &
LANDSCAPE MAINTENANCE SERVICES TO LUKES'
LANDSCAPING, INC. DBA LUKES-SAWGRASS LANDSCAPE
AT THE BID PRICE OF $975,000.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 10-07-12-2, PUBLIC WORKS &
LANDSCAPE MAINTENANCE SERVICES; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that LUKES' LANDSCAPING, INC. DBA
LUKES-SAWGRASS LANDSCAPE, has submitted the lowest responsible and
responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 10-07-12-2, PUBLIC WORKS &
LANDSCAPE MAINTENANCE SERVICES, is hereby awarded to LUKES'
LANDSCAPING, INC. DBA LUKES-SAWGRASS LANDSCAPE in the amount of
$975,000.00.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
Resolution No. 2010-
Page 2
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, and said parties shall execute said
prepared contract on behalf of the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item Nos. 001-5001-539-3450 and 001-5001-539-3452, Street
Maintenance Fund Line Item No. 120-5001-541-3450, and Stormwater Utility Fund Line
Item No. 410-5001-538-3450.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this ih day of September, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY AJ;L~ 4-R-
SECTION 4
CITY OF A VENTURA
INVITATION FOR BIDS FOR
PUBLIC WORKS AND LANDSCAPE MAINTENANCE SERVICES
BID #10-7-12-2
TECHNICAL SPECIFICATIONS
A. LOCATIONS OF WORK
1. Accompanying these specifications is an area map defining areas to be maintained. By
submitting a bid, the bidder certifies that he/she is familiar with the sites and the proposed
scope of work, prior to submitting a bid. The City reserves the right to remove specific
locations on a temporary or permanent basis, as deemed appropriate.
B. EQUIPMENT
1. All equipment shall be maintained in an efficient and safe operating condition while
perfOlwing work under the contract. Equipment shall have all proper safety devices
required by all applicable laws, properly maintained and in use at all times, If equipment
does not contain proper safety devices and/or is being operated in an unsafe manner, the
City may direct the contractor to remove such equipment and/or the operator untll the
deficiency is conected to the satisfaction of the City of A ventura. The contractor shall be
solely responsible and liable for injury to persons, and/or property damage caused by
operation of the equipment. All equipment will be inspected and evaluated by the City
and City of A ventura Landscape Architect, prior to award of this bid. The following
equipment shall be located at the storage satellite facility in the event of emergencies and
be available to the City vvithin the required tllne frames
A. Special equipment required (in addition to Standard Maintenance Equipment).
The City, at its' sole discretion, may require that any of the special equipment be
located in the satellite storage site as specified herein.
1. The contractor must have in its possession the following equipment at the time
of bid submittal. The City reserves the right to require proof of such
ownership or lease agreement (at the time of bid submittal) during the bid
evaluation process.
*One (1) 400 gallon portable water sprayer and (1) 2500 PSI pressure
washer.
*FDOT Compliant arrow board and 75 FDOT compliant traffic cones.
*250 feet of 48" tall reflective flexible fencing and installation bardware.
*Three (3) fertilizer spreaders.
*One (1) turf aerator, subject to CIty Landscape Architect and/or City staff
32
1:"
, .
., i
I' .
,_-c~~
1C~.
VOle[ Of TAO C.R(
2200 N. 30th Road, Hollywood, Florida 33021
Phone: 954-431-1111 . Fax 954-433-1111
COMPANY PROFILE
Lukes-Sawgrass Landscaping employees over 350 full t1Jne employees.
The Main Landscape Compound is located at 2200 NOlih 30TH Road, Hollywood, Florida
33021. \Ve also have satellite offices in Boca Raton located at 6300 Park of Commerce
Boulevard and Cooper City located at 3920 N0l1h\vest 94th Avenue.
Lukes-Sawgrass LandscQping has the vehicles Qnd equipment to generate approximately
$20 million dollars in annual revenue. Our vehicles f'.:. equipment include (but are not
limited to) the following:
VEHICLES
~-------,----
1, Grounds IVlajnkn~u~-f Trucks:
') Grounds l\/laintemn1ce Trailers:
3. Landscape Installation Trucks:
4, Pick up Trucks:
5. Pest Control/Fertilization Trucks:
6. lnigation Trucks / Vans:
7. Arbor Care Bucket Trucks:
8. Arbor Care Chip Trucks:
9. 40 Y d Prentice Loaders:
10. 60 Y ct, Truck & Trailer Debris Removal
EQUIPMENT
1. Arbor Care Chippers:
2. Arbor Care Stump Grinders:
3. Aerial Lifts (Polecats):
4. Backhoes:
5. Skid Steers:
6. Komatsu \Vheel Loader:
55
j ~\
10
s
- n
tV
12
6
"
.)
10
4
"
.)
4
6
1
GROUNDS l\IAINTEN/U-;JCE EQUIPMENT
1. Riding l\/lowers: 52
I Walk Behind Mowers: 35
3 Small mowers: 65
'-\ Hedge Tnmmers 145
5. Edgers: 115
6 Weecl Eaters: ::: 1 5
7 BClek Pack Blo\vers 85
approval.
*Portable Stump Grinder 6" below grade.
* 'Underground wiring location equipment.
*Two hydraulic bucket-trucks with a reach capacity of no less than 65 feet
tOne backllOe-front end loader combination machine (equivalent to a Ford
F555 or larger).
tOne 24 foot vertical man lift (pole cat or equivalent).
*Two (2) portable bmsh chippers with 20 cu. yd. capacity storage truck
*Two (2) twenty cubic yard capacity dump tmcks.
*Three (3) utility box trucks or vans.
*Two (2) portable gasolme generators 5000w min.
*T\vo (2) 60" alternative fuel three gang hydrostatic reel mowers (5 blades
per reel min.): use of alternate fuels is required; propane, biodiesel, or
otber approved alternative fuels otber than gasoline
tOne (l) 2l" mll1ll11Um altemative fuel reel mowers (5 blades); use of
altemate fuels is required; propane, biodiesel, or other approved
alternative fuels otber than gasoline.
*Two infield groomers (Turo 3040 or approved equal) with
dragging/grooming/leveling/and scarifying attachments
tOne 250 gallon diesel container for emergencies solely for City use.
*Two (2) fe11ilizer spreaders
tOne skid-steer Loader with the following accessories: Tree Boom, Fork,
Bucket :md Auger.
*Four (4) Utility carts that can traverse landscaped areas without
damaging plants or inigation.
*Four (4) 48" min. swath riding and four (4) 22" min. swath alternative
fuel rotary lawn mowers; use of alternate fuels is required; propane,
biodiesel, or other approved alternative fuels other than gasoline
*Four (4) 16" minimum chain saws, all in good condition.
* A two-way communlcation system between all of the contractors service
vehicles and their main office and CITY personnel
33
\r
~x
,- X~
C. SATELLITE STORAGE AND MOBILIZATION FACILITY
1. The Contractor must operate at least one storage and mobilization site within a five (5) mile
radius of the CIty limits of the City of A ventura, within 60 days of award, as follows:
A. The storage site may be totally enclosed or may be open and surrounded by a six
foot height, lockable, chain-link fence.
B The storage site must have a minimum of 3,000 sq. ft. area, with a minimum
1,200 sq. ft. of fully enclosed, lockable, and secure materials storage area, and
must be continually available to the contractor and the City for storage use at no
charge from the contractur, (including delivery and pick-up charges) for the full
duration of this contract. The City reserves the right to inspect this facility prior
to award of bid, and at any time during the course of this contract. The contractor
will have 60 days to secure the storage site after award of contract.
D. SCOPE OF WORK
1. Contractor shall maintain the contractually covered landscaped areas at the frequency rate
prescribed with conventional production style mowing and lawn maintenance and equipment. A
manicured professionally groomed appearance is the desired result. The City of A ventura
requires the highest maintenance standards with the Contractor using the best practices. The
Contractor is expected to maintain this proiect with the hiehest Qualitv landscape
maintenance standards consistent with these specifications which surpass industry
standards. The Contractor's work \ovill be inspected by the City and the City's Landscape
Architect on a regular basis to assure strict complwnce \vith these specifications. The City's
Landscape Architect will meet with the Contractor ZlS needed, but no less than on a monthly
basis, to review the overall maintenance. The City's Landscape Architect will make periodic
inspections and provide reports mdicating items that need to be addressed and the Contractor is
responsible to complete in a timely manner and proVide status reports
2. Parks, buildings and facilities maintenance standards: Contractor shall supply all of the
necessary materials, supplies, labor, tools, equipment, fuel and other miscellaneous
necessities to fully maintain the general condition of the City parks and building facilities to
a superior level using the highest and best maintenance practices in the industry. This work
shall include, but is not l1mited to, weeding, mowing, fertilizing, inigating (including the full
maintenance and repair of the system) all landscaped areas, trees, flowers, shntbs, turf
maintenance, maintaining and replacing (if necessary) any plants lost due to negligence of
the Contractor, removing graffiti, blowing sidewalks daily, pressure cleaning sidewalks, daily
removal of all litter, daily cleaning and maintenance of all trash receptacles and outdoor park
furniture, daily inspection of all playground and recreational facilities, full maintenance and
repair of all parks and recreational facilities, cleaning and maintaining all up-lighting, and
fully ITlaintaining all playfields, ba11 fields and open areas.
3. Right-of-Way maintenance standards: Contractor shall supply all of the necessary materials,
supplies, labor, tools, eqUIpment, fuel and other miscellaneous necessities to fully maintain
the general condition of the City street medians and right-of-\ovays and vVm Lehman
Causeway, (all FDOT ngllt-of-way) to a superior level using the highest and best
maintenance practices in the industry. This work shall include, but is not limited to,
weeding, mowmg, fertihzing, irrigating (including the full mZiintenance and repair of the
system) all landscaped areas, trees, flowers, shrubs, maintaining and replacing (if necessary)
34
, ()
\ \j
\.P~\
~'\ '\
.', \
any plants lost due to negligence of the Contractor, removing graffiti, blowing sidewalks
daily, pressure cleaning sidewalks, daily removal of all litter, daily cleaning and maintenance
of all trash receptacles, cleaning and maintaining all up-lighting, bus shelter and street
appurtenances.
4. Waterways Dog Park maintenance standards In addition to the landscape maintenance
standards contained herein, all canine fecal matter shall be picked up and removed twice per
day, at 9 AM and again at 1 PM Trash cans at Dog Park shall be emptied, deodorized and
cleaned using deodorant and disinfectant twice per day at the same time fecal matter is
removed. Dog Park shall be treated twice per month from November through 1'vlarch, and
weekly April through October for insect and pest control purposes, or more often as directed
by the City. Alternative methods such as parasitic wasps shall be used as well, as determined
by the City, at its discretion.
5. Contractor shall maintain all other areas as required by City during the course of this
contract.
6. Contractor shall adhere to City noise ordinances
E. REGULATIONS AND STANDARDS
1. Contractor shall be responsible for complying with regulations of allloc31, state, and federal
agencies having JurisdictlOn over any portion of the \vork to be performed under thiS contract.
The Contractor shall meet or exceed the appLcable reqll1rements of the latest revision to the
following codes and specificatlOl1S published by the folluwing organizations:
A FDOT Florida Department of Transportation
B. OSHA Occupational Safety and Health Act
C. EPA Environmental Protection Agency
D. All State and Federal labor standards and practices, as applicable
F. SAFETY
1. Contractor agrees to adhere to and enforce all applicable local, state, federal, and OSHA
safety regulations at all times. Contractor safety includes the use of safety gear, traffic control
and vehicle safety, at the Contractors sole expense.
G. PROFESSIONAL ORGANIZATIONS
1. The Contractor, at a minimum, must be a member, m good standing, of the follo'..ving
organizations:
A. Florida Nursery, Growers ano Landscape AssociatIOn (FNGLA) - (certification
required)
B. Tree Care Industry Association (TCIA)
2 The Contractor shall provide proof of membership with the bid subn,ittal, and subrnit
concurrent proof of membership annually throughout the duration of the contract.
3. In addition, the Contractor must possess the following licenses and keep them current
throughout the term of the contract:
A Florida Pest Control ApplIcator License issued by the State of Flonda for Lawn
35
. I)
IJ
_X\I
,_
'~-"- ""j
"-_':-~<~\" -'
and Ornamentals.
B. 1rrigation license from Miami-Dade County
H. DEFINITIONS
1. 1f the Contractor intends to use sub-contractors to perform any work on this contract, these
sub-contractors are required to be pre-approved by the City, at its sole discretion.
2. Maintenance as defined for bid purposes shalllllclude: Litter, trash, and debris removal and
disposal; mowing; edging; hedge trimming; tree trimming; Bermuda turf maintenance; raking;
sweeping; weeding, aerating, string trimming, herbicide applications including preventive and
corrective applications, fertilization, insect control including fire ant control, irrigation system
repair, Date Palm maintenance; ball field and play field maintenance; decorative street banner
repLacement and change-outs, landscape l1ghting maintenance, meluding, but not limited to,
adjusting of timers and maintainmg photo cells, routine painting and maintaining all park and
street furniture and structures, including graffiti and daily shopping cart removal and litter pick
up and removal seven days per week, as defined by the City. City will provide custom paint
3. 1n addition, the Contractor also will be responsible for providing the following public works
services with no extra labor, equipment, fuel, or travel charges to the ClTY:
A.
B
C
D.
E.
F
G.
H.
1
J.
K
L
M.
Remove dead animals.
Clay infield maintenance and striping of all athletIC fields as directed.
Repair backstop netting as directed
Repmr/lllstall temporary clnin-link fencll1g
Pressure clean City facilities, street furniturc, and amenities as directed
Inspect all water fountains hvice per \veek and submit wntten reports
Complete minor carpentry work as directed
1nstall, straighten, and remove street and park slgnage as directed
Daily sidewalk maintenance, including weed control. Complete minor concrete
work as directed.
Clean all catch basins weekly, or as dIrected during or after rain events.
Use a mechanical sweeper on Don Soffer Exercise Trail five times per week.
Complete minor painting projects as dlIected.
Complete all park, facility and building maintenance tasks as assigned: including
but not limited to; assembling and moving of fumiture, chairs, tables, podiums,
etc.
Stock all pooper-scooper stations twice per week, or as directed
Pick up all trash and litter daily (7 days per week) and submit a log indlcating
estimated amounts in cubic yards per NPDES requirements
Remove all shopping carts from parks, medians, and rights-oi-ways and return to
owners property daily (7 days per week), or as directed
Daily cleaning and graffiti removal for all park and street furniture and utility
boxes and vaults. All Plexiglas and glass shall be cleaned daily
Meet with City staff as directed.
Maintain and mstall all park and street furniture as directed.
Store excess park Zll1d street furniture and other materials as assigned In satellite
storage facility.
Perform all other related tasks as directed by the Clty
Install decorative banners and flags on poles, mcludmg repair of banner arms as
36
N.
O.
P
Q.
R
S.
T
~.
u
V.
,(\
\: i
~~<
------~~\
directed m parks, ROW's, and buildings.
W. Change lighting lenses and hang Holiday decorations as directed at various City
facilities and right of ways.
X. Maintain tree rings around all trees not to exceed 36". Chemrcal edging is not
pennitted
Y. Provide miscellaneous foliage as directed by City in wicker baskets for
decoration of special events including delivery and pick-up (approximately 150
palms and flowers per year)
L SPECIAL CONTRACT REQUIREMENTS
1. DUTIES of the OWNER/PRESIDENT/CHIEF EXECUTIVE OFFICERJCHIEF
OPERATING OFFICER: This position shall be defined as the person who has the authority to
make immediate and binding decisions on behalf of the CONTRACTOR (without obtaining any
approvals from others), regarding the disbursement of any resources needed including but not
limited to chemicals, materials, equipment, labor, or otherwise as directed by the CITY. The
duties will be performed at no additional labor or travel charges. Person responsible for the City
of A ventura shall be a senior level m:maQement employee Project Managers, Foremen, Site
Supervisors, etc. are not acceptable
a, Shall be available to attend all meetings with the City within 24 hours of notiflcation at
no charge or as directed by City.
b. Shall be on-sIte a minimum of three dClY:c, per week dunng normal business hours for at
least 6 hours each day.
b. Shall be available to the City for plan revic\-v and landscape consulting at no charge,
c. Shall be avallable to the CIty within one (1) hour notification for emergencies at al1 times
at no charge, including facilrty maintenance duties, boarding up facilities, and other work
as directed by the City
d. Shall be present at all special events, programs and activities as requested by City, and be
present at all planning meetings at no charge. Special events are typically held on
weekends and evenings, and Contractor shall receive schedule of events. There are
typically 12 major events per year
e. Shall be present and on-site in the C1TY EOC during a natural disaster or emergency,
including but not limited to hurricanes, tornadoes, flooding, and other acts of God at no
charge
f. Shall be available to Clty for routine, weekly, and as-needed inspections of all landscaped
areas at no charge, as dIrected by City
g. Shall be available to the City's Landscape Architect for inspections, reviews, and
consultation at no charge
h. Shall be available via telephone/electronic commulJ.lcations on a 24/7/365 basis.
L Shall produce timesheets of all personnel assigned to the City, on demand
J Shall provide a crew of sixteen (16) people minimum including at least two (2)
supervIsor level positions to be stationed in the City Monday through Friday from 8 AM
to 5 PM, :md shall maintain a crew of six (6) people minimum includmg at least one
supervisor level position to be statloned in the CIly on weekends and holidays from S AM
to 4 PM This requirement relates to Items contained in the Base Bid specifications only
Contnlctor shall provide additional crews as necessary to perform all other work.
The CIty shall reqUIre ten (l0) days written notlce when the officer or owner of the firm WIll be
37
)(
--~ \\-
-""\\
out of town, and complete alternate contact information shall be provided at that time, and any
alternate shall be pre-approved at the CHY's sole discretion
2. All of the contractor's employees must wear shirts with orange reflective stripes that identify
the company name at all times. Bright orange T-shirts may be substituted at the City's sole
discretion on a temporary basis
3. Maintenance of traffic must conform to the ...:urrent edition of the Florida Department of
Transportation (FDOT) Roadway and Traffic Design Standards (600 Series), the Standard
Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control
Devices, as a minimum cnteria. All traffic control costs shall be a part of the unit price bid and
shall not be paid for separately.
4. The President/Owner (or as specified in paragraph 1.1) must be on 24 hour call, at all tl111es,
for emergency purposes.
S. The Contr8ctor, on an immediate and first priorlty basis, shall be able to provide the City
minimum of 16 and up to 24 qualified personnel and appropriate equipment on a sustained basis
to cle8r roads, right of ways, and perform any other work as assigned in the event an emergency
or an Act of God (i.e. storm, tornado, or hurricane) at all times; or as deemed by the City
Manager or his designee. Contractor shall provide sufficient manpower and equipment to
provlde any emergency landscape servlces as needed on a 24/7/365 basis with one hour
notificatlon from City. Work includes but 1S not lllnited to assistance in preparatlon of facilities
prior to storm events, rOJd\vay cle,uing, irrigation rcpJirs, extensive clean-up and dispos31
actlvlties If needed, Contractor sh811 provide hou:oing and provlslons for Contractor personnel at
thelr sole npensc
6 The Contractor shall be available te> meet With all public utilities to locate all inigation and
hydraulic lines prior to excavation by the Utll1ty company. The contractor is to act as the City's
representative in order to avoid unnecessary damage to irrigation lines.
7. AU street and park furnitme, including but not limited to, light poles, bollards, benches, bus
and picnlc shelters, signs, and trash cans located within the rights-of-ways, parks, and City
bulldings are to be kept clean, free of graffiti and stains from mineral deposits daily. All trash
receptacles are to be emptied on a daily basis, seven days per week, including weekends and
holidays. This includes penodic paintlng and/or polishing as assigned. City shall provide paint.
8 No fuel, olls, solvents, or similar materials are to be disposed of in any catch basins. The
contractor must closely Jdhere to local, state, and Federal Enviromnental Protection Agency and
NPDES requirements, and is responsible for all non-compliance penalties.
9 All structures, signs and monuments, located at or in City parks, building exteriors, medians
and right-of-ways shall be checked for graffiti and cleaned daily.
10. The Contractor is required to have substantial knO\vledge and experience to lT18intain the
landscaping and irrigation systems in City parks, buildings, and right-of-ways including medians
and high traffic road\ovays This experience must include a minimum of five years experience in
this type of work, includll1g tbe maintenance of sub-surface inigation systems Proof of such
shall be required at bid submitt81
33
. r)
\y
/\ \.
~/ .~-
~.~~--""<::'--::- ,
11. Aenal spraying of trees, Wlth the exception of Royal Palms and Ficus, is prohibited due to
extensive bird and wildlife habitat located on the golf course.
12. The contractor, at his satellite storage facility, must maintain an adequate supply of lumber
for bracing of fallen trees, as follows: All tree stakes shall be marked with the installation date.
1.
2 x 4's x 16' length (minimum quantity - 36)
3 x 5's x 8' length (minimum quantity - 36)
'/
~.
J. CONTRACTOR STAFF TRAINING AND EXPERIENCE
I. The Contractor will provide staff able to perform \vork at the highest standards of horticultural
and landscape maintenance excellence. Key staff shall have current knowledge of best
management practices regarding safety, hazardous materials spill response, plant health,
pmning, tree and shrub care, integrated pest management, pesticide application, turf
management, parks and irrigation maintenance. The City reserves the right to demand the
replacement of Contractor's staff \vho do not meet the City's standards for safety,
professionalism, or horticultural knowledge.
2. All work shall be performed under the direct on-sIte superviSIOn of a qualified landscape
professional with a minimum of ten (J 0) years combined horticultural education and experience
as defmed in paragraph ll. All supervisory personnel must be able to communicate effectively
in Enghsh (both orally and in writing). The supervisor assigned must be identified by name to
ensure coordination and continuity.
3. All irrigation maintenance and repairs shall be performed by, or under the direct supervlsion
of a Certified Irrigation Techmcian.
4. All pesticide apphcatlOns shall be performed by a Contractor (or sub-contractor) licensed and
insured as a Slate of Florida L1censed Commercia] Applicator. In addition, the staff doing the
pesticide application shall be l1censed as Commercial Operators. L1cense numbers shall be
Drovided to the City at the t1me of bid submittaL
5. All pruning will be perfonned ny, or under the direct on-site supervision of, staff with proper
documented education and training in proper pruning techniques. Prunmg of trees greater than
SlX inches DBH (except Ficm) will only be perfonlled under the supervision of an ISA certified
Arborist The certified Arborist shall be on slte at all times \vhen pruning occurs. Certifications
will be provided to the City prior to award of contract
K. REQUIREMENTS FOR IRRIGATION SYSTEM MAINTENANCE:
1. The Contractor 1S to be expected to be knowledgeable and familiar with all of the existing
irrigation systems at the time of bid submittal and is responsible for the repair of all components
to insure continually efficient inigatlOn ThIS includes the adjustments of the controllers to
insure the correct amount of precipitation necessary for viable vegetative growth, always
following any South Florida Water Management DIstrict inigation rules. Contractor is to
visually inspect all urigated areas once per \veek to identify potential leaks as evidenced by
water related plant stress, surface water, broken or damaged equipment, and paved surfaces and
walls 3ffected by irngation spray. VIsu3lly inspecl all valves, filters, and backflow preventers
39
; (\
\JJ
1/
\/
\\
for malfunction or damage and repan as needed All valve boxes are to be flush with existing
grade to prevent tripping hazard Contractor shall adjust as needed. In addition, Contractor is to
perfonn "wet tests" at least twice per month, or more frequently as required by the City, at its
sole discretion, including meter readings to measure and verify the integrity of inigation systems
at least twice per month. On the first day of each month, repolis shall be submitted to City in
writing indicating proper operation of each lone, required repairs, and additional costs (if
required) and updated nm time per zone.
2. The irrigation system within a major portion of the City is a conventional, above-ground, city
water irrigation system fed by numerous City water meters. The irrigation system consists of
Toro solenoid valves, Febco and Watts vacuum breakers, (5) Taro Monitor II controllers, (5)
Rainbird ESP controllers, (26) Toro Custom Command controllers, (1) Hunter ICC controller,
(2) LEIT Solar Powered controllers and (1) Rainbird TBOS battery controller, Taro and Rainbird
spray heads and rotor heads.
3. All valves, controllers, heads, and other components must be maintained on a regular basis at
no additional charge. This will include, but not be limited to, the adjustment of the throw of
water of irrigation heads so as to minimize or eliminate the throw of water onto the public
roadway, sidewalks and buildings, and the checking of breaks.
4. All irrigation breaks or malfunctions must be repaired by the Contractor within 24 hours
notification by City (including weekends). This includes all vehicular damage to irrigation
and/or landscape materials Furthermore, all damages noticed by Contractor shall be reported to
City within 24 hours.
6. Irriga1ion repails and m21l1tenance shall not be sub-contracted. Contractor shall have
sufficient labor, materials, tools, equipment, and qualifled and certified supervision to adequately
maintain irrigation systems to City's speciflcations and be approved by the City's Landscape
Architect and/or City's staff Contractor shall not charge City labor charges, vehicle fuel, or
travel charges for routine repairs, inspections, and maintenance.
L. PUMPING STATIONS FOR COUNTRY CLUB DRIVE AND AVENTURA
BOULEY ARD:
1. The inigation water is fed from the adJilcent lake Water runs from the lake to a filtration
tank. The filtration tank consists of 3 aluminum screens that are graduated in decreas ing size
(these screens are to be cleaned on a weekly basis). From the filtration well the water goes to the
pumping tank.
2. The pumping and filtration tanks will need to be monitored regularly for sediment build-up.
A jet-vac may be required to adequately clean sediment build-up. Failure to monitor this
sediment build-up will result in system failure and rep3irs shall be at Contractor's sole expense.
3. The pumping statJon is an Aquaturf pumping station powered by twin 25 HP, vertical turbine
pumps that create a fully pressurized system.
4. All timing sequences are to be set as to not exceed a velocity of 5 feet per second. This is
mandatory in order to prevent excessive main-line pipe \vear.
5. All valves, flow meters, dectncal controls, micro-switches, C13yton valves, and other
40
\~/
C~>~\~
components must be maintained on a regular basis and records must be kept on a monthly basis,
regarding water consumption. Thls infonnation is to be suppl1ed to the Ci ty in case warranty
repair work on the turbine pumps is required In addition, and based OD an agreement with the
South Florida Water Management District, \vater consumption must be monitored so as to not
exceed the allotted monthly usage, and records submitted monthly to City in the fonn of a
written report monitoring daily water usage.
6. Due to debris that is present in the lake water, daily l11spections and/or adjustments are
required for the Clayton valves. Failure to do so will cause excessive line pressure and/or line
fail ure.
7 Contractor must monitor water consumption from Tumberry Isle Lakes and meet monthly
with the Tumberry Isle Golf Course Supenntendent to review monthly usage and allotment.
8 Contractor will be responsible to repair aU main-line breaks due to over-pressurization of
system.
9 The Y-strainer must be kept clean and free of debris.
M. IRRIGATION REPLACEMENT, REPAIR & RETRO-FITTING
1. The contractor, at his expense, will be responsible for the proper replacement, repair, or retro-
fitting of all irrigatlOn components The wholesale cost of parts only will be borne by the CIty,
\vith proper documentation and approval by the City's Landscape Archltect and/or City's staff
Labor costs will be paid by the City at the contract approved hourly rates only if the work is
required after nor111:11 business hours
2. All repairs to the system shall be identlcal to the original installation, unless approved
otherwise in advance by the City. If a change to the installation or m3terial vvill result in lower
future maintenance costs, less frequent breakage, or an lllcrease ll1 public safety, request
authorization, 1I1 writing, to make the change from the City.
3 Replacement of system components shall be the same manufacturer and model as anginal
equipment, or better as authorized by City.
N. DELIVERY, STORAGE. AND HANDLING
1. Deliver fertilizer materials in original, unopened, and und3maged containers showing weight,
analysis, and name of manufacturer each delivery timC'. Store in manner to prevent wetting and
deterioration.
O. FERTILIZER REQUIREMENTS
1. Contractor shall adhere to the fertilizer programs described below The intent is to use the
minimum amount of fertilizers necessary to produce C\ healthy, vigorous and attractive landscape
Contractor shall perform a so11 fertility test at least twice per year or before major fertilization as
designated belovv. The s01l samples shall be taken in a vanety of locations (12 minim.um) to
detem1ine the need for soil/plant nutnents before applying the fertilizer The primary goal is to
apply fertilizer only if the soil is without adequate nutrients for plant vigor The fertilIzation
needs m3Y be adjusted based on the results of the soil smnpllllg and prior approval by the City.
41
/-,
\( )
~ '
. /
~~ Y'
--./ \::\
<" .,. -.,.-.,'\\
Soil testing will be performed at no additional cost to CJty. Submrt copies of soil test to City and
City's Landscape Architect prior to start of feJ1ilizatlOn. Based on soil testing, fertilization
composition and frequency may need to be adjusted. C:ontractor to submit fertilization schedule
to City and City's Landscape Architect.
P. MATERIALS
I. Fertilizer and insect/disease control materials (all rates as established by accepted
hOl1icultural standards, manufacturer's recommendations, soil testing, and as approved by City's
Landscape Architect). The Contractor shall submit records monthly to City and City's
Landscape Architect indrcating areas fertilized, rates and date accomplished, Contractor shall
apply additional fertilizer or soil amendments as needed to keep 13\vn and turf in a healthy,
green, \.veed free and nutrient rich condition at no additional charge. The following schedule is a
outlines a minimum of applications,
A. St. Augustine lawns for parks and R.O.W.'s
I.
February - Apply granular 20-0-20 with Atrazine or approved equal.
May - Apply liqUld 16-4-8 \.vith micro-nutrients and Telstar or equal insect
contro 1.
September - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal
insect con trol
December - Apply grm1Ular 20-0-10 with Atrazine.
The Spring (hm Fall 3ppllcatlOll rates for lawn areas \-\-ill vary accordmg to
\\'eather and environmental conditions, but typically average 75 granular
pounds per 1000 sq ft.
'!
"
,) .
4,
5.
B Palms (except Phoenix Dactylrfera and Phoenix Canariensis Date Palms)
1. Apply four applications per year (at qumierly intervals) of liquid 16-4-8
with micro-nutrients and granular 13 - 3 -13 with micro-nutrients.
') The time' of the applications will coincide with the lawn applications
3. The liquid and granular applications will altemate throughout the year (2
applications of liquid and 2 of granular)
4. Supplemental Manganese Sulfate and Sul-po-mag may be required to
C011'ect nutrient deficiency.
5 For granular application, broadcast 5 lbs. under drip line of fronds for
palms 25-35' ht. and 7 Ibs for palms 35'-60' height. For root drench,
apply 5 gallons up to 35' ht and 7 gallons for palms 35' -60' height.
6. For distressed palms, a root injection application of 5 gallons may be
required using 4 injection sights around the dripline at equal spacing with
400 to 600 PSI pump up to 35' ht. palms. For palms 35' - 60' ht use 7
gallons with 6 injection sights, equal spacing. Chemicals shall be checked
for compatibility with fertilizer following manufacturer's
recommendations
7, OTe (Lethal Yellowll1g) injections, as required
C Trees
Three applrcatrons per year of 13-3-13 granular fertilrzer or approved
42
/\
i( )
-~\
--c:--==-_'~ '--~
equal.
D. Shnlbs and Groundcover
1. Four applications per year (each three months). Flowering shrubs are to
receive applications of granular 8-10-10 SCD with micro-nutrients
supplemented with liquid 16-4-8 with micro-nutrients. Non-t10wering
shrubs are to receive applications of granular and liquid 16-4-8 with
micro-nutrients. Alllxora species shall receive TRI-NITE (or equivalent)
w/minor elements fertilizer.
E. Seasonal Color
1. Apply one initial and one "mid-term" apphcation of Nutricote total 70 day 13-
3 -13 fertil1zer for each seasonal color planting
2. Apply Snapshot pre-emergent herbicide to seasonal color planting bed at each
seasonal color change.
F. Phoenix Dactylifera (Date Palms)
1. Fertilization: Palms to be fertilized four times per year in the months of
February, May, August, and November. Fertil1zer to be 12-6-8 SCU with
minor elements The rate of applicatlOn shall be 10 pounds per palm per
application
2. Disease Control Three tunes per year all palms wdl be treated with a
systematic fungicide(s) which is labeled for Fusarium, Pithium, and
Phythophthora These applications will be performed as a root drench
during the months of March, July, and November and ,ue considered to
be preventive maintenance
3. ObservatIOn: It shall be the contractor's obligation to perform regular
monthly inspections of the palms and report to the City any site condition
which may be detrimental to the health and vitality of the palms. Further,
the Contractor is responsible to report the development of disease or
other problems along with recommended solutions These reports are to
be written and should be received by the City no later than ten days after
each inspection. It is required that the City be notified in advance of
planned activities in order to allow them to witness and record the
applications
G. Inspect and dIsease activity, other than Date Palms, will be treated on an "as-
needed" baSIS upon inspection. Required service calls and treatment between
scheduled maintenance \\'111 be at Contractor's expense.
Q. HERBICIDES/PESTICIDES: All herbicide/pesticide applications \vill be applied only
by a State of Florida and Dade County hcensed pesticide applicator Proof of license must be
supplied to City prior to award of Contract All MSTD data and other available docll111entation
mLlst be supplied to the City prior to any apphcation Application schedules shall be submitted to
the City 10 days prior for approval
1. Trees and palms \vlth111 lawn area "No chemlcal edging IS allowed Do not spray tree/shrub
43
,j)
/Vi
V'<:I
':::..~~.::~ \
le,wes, suckers, or open wuunds. Do not use weed-cater for trees and palms within lawn area.
(Do not spray herbicide near Phoenix Date Palms).
2. All weeds that appear within sidewalk or curbing expansion joints are to be continually
cuntrolled through the use of herbicide
R. PREVENTIVE SPRAY FOR INSECT CONTROL
1. Turf and lawns: Spray all turf and lawn areas as required, for control of all chinch bugs, army
worms, sod webworm, mole crickets, fungus, and other pests. Spraying shall be accomplished
(at Contractor's expense) by State of Florida and Dade County licensed pesticide control
company, using Integrated Pest Management Principles.
2. Shrubs: Spray shrubs and ground cover (excluding bougainvillea), as needed, with Orthene
by Ortho Manufacturing Company. Follow manufacturer's instructions for application, using
Integrated Pest Management Principles.
3. OTC (Lethal YellO\ving) injections: Upon evidence of lethal yellowing, immediately begin
(4) gram injection, per palm, ofOTC tree injection formula (Tree Saver Inc. or equal). Follow
manufacturer's recommendations re: injection method and frequency.
4. Red Eye Royal Palm Bug Upon evidence of deterioration of the head of the palm, begin a 5
gallon per palm soil drench with Merrit soil drench. Perform a second soil drench within 21
days. Follo\v manufacturer's recommendations re installation methods It is the responsibility
of the Contractor to perform nlOl1thly evaluations of all Royal Palms to keep them healthy.
In some heavy infestations, a fohar ZlpplicZltion of Cygan IS recommended for immediate results.
Drench head of palm until runoff occurs and repeat fol13r spray wIthin 21 days.
5. Ficus White Fly Upon evidence of deterioratIon of the Ficus BenJamina and written
approval by City's Landscape Architect along with the CIty'S written authorization, begin a
foliar spray with lmidacloprid Insecticide (which goes by trade names such as Ment) at a rate of
1.5 fl. Oz. (45 ml) per 100 gallons of water of all of the Ficus Benjamina within the City
(excluding Biscayne Boulevard and NE 203"1 Street). ThIS spray is to include a high analysis
liquid feliihzer with micronutrients to stimulate growth and create strong and new root vigor.
Recommended fertilizcr is 28-0-0 with micro 350 chelated A non-ionic surfactant is to be used
with Zlll folIar sprays to improve perfonnance of the active spray ingredient and to provide more
unifonn distribution on leaf surfZlce. If deemed necessary and approved by City, following the
foliar spray, apply a liqUld root drench with Imidacloprid Insecticide (which goes by trade names
such a Merit) at the rate of. I to 2 f1. Oz. (3-6 ml) per foot of shrub height that will also include a
high analysis liquid fertIlizer wIth micronutrients. Recommended fertilizer is 28-0-0 with micro
350 chelated micronutrients. Follow manufacturer's recommendations re: installation methods,
The locations of Ficus benjamina trees and shrubs are as foIlO'vvs: Yacht Club Drive, NE 3ih
Ave., NE 20ih St, WIlliams Island Blvd., NE 1901h Street, NE 31st Ave., Waterways Dog Park,
Vetercm's Park, Founder's PDrk and Country Club Drive.
NOTWITHSTANDING ANY LANGUACE IN THIS CONTRACT, ALL CHEMICAL
APPLlCA TrONS SHALL REQUIRE WRITTEN APPROV At BY CITY PRIOR TO
APPLlCA TION. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND
MONTHLY CALENDARS FOR APPROVAL PURPOSES RELATING TO CHEMICAL
44
\ (\
,\'/
\'-=~,
--.-/' .'. .)
~. --'-. ~
APPLICATIONS AND LUCA TIUNS.
S. MOWERS AND EDGERS
1. All mowers shall be adjusted to 2 1/2" or 3" cutting height as directed by CITY, shall be in
good repair, shall have no oil or gas leaks, and shall be equipped with mulching attachments
and sharp blades.
2. All riding or stand behind mowers shall be powered by alternative fuels other than gasoline
such as propane, bio-diesel, and other approved alternative fuels. Push type mowers should
be alternative fuel powered All mowers must be mulching-type mowers with no dlscharge
allowed, or all clipping must be manually removed
3. All equipment must be maintained in sound working condition in order not to exceed
comfortable decibel levels or as detennined by the City at its sole discretion. All equipment
shall meet all applicable manufacturers' safety standards for operation while 111 use at all
times.
4. Edgers shall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight
edge not more than 1/2" away from walks and edge of pavement.
T. MULCH
1. Grade 'A' shredded Certified Premium Gold l11u!ch (provide evidence of type and gr8de of
mulch, to City, prior to delivery, for :lpproval by City's' Landscape Architect).
2. Mulch all planting areas not covered by shrubs, ground cover, or existing mulch (two times
per year, or as directed by City), so as to effect a 2.5" mulch depth. Keep mulch 6" aW8Y from
tree and palm trunks.
U. TURF AND LAWN MAINTENANCE STANDARDS AND PRACTICES
1. Mowing of la\vn areas (not including Bern1uda turf)
A. Pick up and dispose of litter within all areas to be maintained (not limited to bags,
cans, and paper) prior to mowing. Contractor shall recycle whenever possrble.
B. Use string trimmer for areas not acceSSIble to mO\ving equipment. Tnm 8round
poles, guardrails, and other fixed objects within road right-of-way.
C. Mow and edge all lawn (lIeas every ten (10) days from October 1 thru April land
every seven (7) days from April 1 thru October 1 (44 cuts minimum), or more
frequently as needed to maintain a neat and, clean appearance; or as directed by
Clty.
D. Remove and properly dispose of all grass clIppings, leaves, weeds, undesirable
plant growth, and other debris from sidewalks, curbs, gutters, catch basins,
medians, right of ways, and streets.
E Weekend mowmg IS not allowed unless specifically authorized in wnting by the
City, however, daily (7 days per week) cleanup, as defined in these specifications,
4S
(-~)
- I
\\ /
-\
\)~.
.---:::::=-= \\\
is required. The Government Center and City of Excellence Schools shall be
mowed only on Saturdays.
F Wind-row mowing patterns are not permitted.
G. Only rotary mowers are acceptable with a minimum swath of cut of 60",
alternative fuels are required.
2 Bennuda turf mowing and maintenance standards, practices, and requirements
A. Mow and maintain all Bermuda turf not to exceed 1" height or as directed by the
City, with a reel type mo\ver. Remove all clippings and thatch after each cut.
Cutting blades and bedknife shall be washed down before and after each use to
prevent the spread of spores, weed seeds and other contaminants. Reel mowers
shall be kept in good repair and blades sharpened weekly. Mow and edge all
Bermuda turf a minimum of two times per week, including weekends (104 cuts).
Turf shall be cross-cut.
B. Contractor shall be required to provide documentation demonstrating at least five
years of knowledge, experience and competency in maintaining Celebration (or
equal) Bermuda turf !Deluded v:ith thc bid documents at the time of bid submittal.
C. Use '010Ice' "pplOvcd equal) moil' cnckct control (on Bermuda turf) annually
during the 1110n\h of May. Follow rnanufacturer's instructions for appbcation
methods and J1110unls Turf shall 111Jint3ined to remain 100% pest free year round.
D Apply fungicides at the first symptoms of fungal presence in turf or lawn. Follow
manufacturer's ll1structions for appl1cation methods and amounts. Turf shall be
maintained to remain 100% fungus free year round.
E. For fungus control of Bennuda turf, use (2) applications of Pendulum or Ronstar,
(or approved equal). The first application is to occur in March and the second
application is to occur in September.
F. For weed control of all Bermuda turf, use (2) applications of Pendulum or Ronstar
(or approved equal) or as needed to maintain a 95% weed free turf. The fmt
application is to occur in March and the second application is to occur 111
September. Folluw manufacturer's instructions with all herbicide applications.
G. Bermuda turf shall be vibrant, healthy, green, thatch free and nutrient rich at all
times; at the City's sole discretion. Apply quality commercial fertilizer and soil
amendments to maintam best horticultural practices and standards for major and
minor nutrients, and optnilum soil pH levels year round to ensure healthy and
vibrant Bermuda turf as defined by the City, at its sole discretion. Contractor
shall contract with A&L Laboratories, Pompano Beach, Florida, (954) 972-3255,
to complete (6) soil analyses per year to verify the major and minor element
requirements as well as pH levels, and adjust fertilizer application and soil
amendments as needed to m3inta111 year round healthy and vibrant turf, subject to
City approval Submit all soil analyses to City for review by City Landscape
46
M. ()
--..-..--'
':................ ---~..... \
Architect. Winter rycgrass applications for all Bermuda turf are prohibited.
H. Aerate all Bermuda turf with turf aerator 1 b times per year minimum to maintain
a thatch free environment. Coordinate dates for this work with the City.
3. Maintaining clay infields
A. Irrigate, drag, grade, smooth and stripe all clay infields as needed (days to be
determined by City, including Sundays). For striping, use Plus5 athletic marker.
City will advise contractor of additional field preparation as needed. Tamp
mound area at least two times per week and fill in existing holes with available
clay (supplied by Contractor) and firm the area with a hand tamp. Add acceptable
clay/sand mix as needed to maintain a safe surface at all times
B. Maintain all clay infields to the highest standards using the best practices;
including installing pitchers plates, home plates, bases, base plates, stanchions,
and related hardware to City dimensions, requirements and standards.
4. Edging
A. Edge mechanically JS required, to maintain a neat, clean appearance. Chemical
edging is prohibited throughout City.
B. Maintain shape of plan Lng beds and tree rIngs as Originally designed.
5. Tnmmll1g
A Lift all trees over 20' height and adjacent to \valks and vehicular areas to a
minimum of 12' "If clear trunK. Maintam ll1mimu1l1 of 8' clear trunk for all other
trees.
B. Trim shmbs and ground cover, as needed, to meet the criteria set fGlih in FDOT
Index 546 (latest revision), which mandates a maximum height of 24" from top of
adjacent pavement. Cut back overgrowth of shmbs and trees that extends into the
road right-of-way preventmg clear line of sight.
C. Trim mangroves from all areas as needed. Contractor is responsible for obtaining
any required permits and licenses from DERM and other agencies.
D. Remove dead and dying fronds from cd I palms, as needed, for clean appearance.
Never remove froncls that do not hang below a line parallel to the ground. The
hunicane or candle cut pruning of palms is not allowed. Remove sprouts or stems
to maintain single trunk on single-trunk trees. Fronds removed should be severed
close to the petiole base without damaging live trunk tissue. Do not over-prune
palms by removing live green fronds. Use no climbing spikes Never pull or rip
off fronds
E Trim Coconut Palms three times per year to remove lower hanging fronds and
fruit, or more often as directed by City's Lmdscape Architect.
47
il
Ii!
y
./\
\,-"
c:___"'~.) I
F. Selectively trim existing trees in accordance with Tree Care Industry Association
and Miami-Dade County standards and practices, to maintain a minimum of 8 feet
of clear trunk. Remove suckers, shoots, and dead or dying branches. All tree,
palm, and shrub pnming is included in this contract.
G. Trim Phoenix Dactylifera (Date Palm) two times per year (May and October) to
remove Date Palm seeds and lower fronds, as directed by City's Landscape
Architect. When trimming Date Palms completely dip trimming utensils in a
solution of 50%1 chlorine and 50% water prior to moving to adjacent palm. Prior
to hunicane season (Mav to June), trim Date Palms as follows: Trim seed stalks
cutting the stems to within 6" of trunk and two lowest sets of fronds on palms that
have been established on site for more than two years. Follow with a 10 gallon
soil drench on Date Palms utihzing Subdue or Chip-co Aillette Follow
manufacturer's recom mendations.
H. Do no major tree or shrub pruning bet\veen November 1st and March 15th, unless
requested by CIty.
1. Maintain integnty of original design when trimming. Do not box plants whose
habits of growth do not lend itself to this type of trimming.
1. Use 110 machete for trimming No p!zlnt material shall be trimmed using weed
eaters.
K Maintain trees 210ng south side J<E 185lh Street away from power lines per FPL
requirements.
L Haul a\vay and properly dIspose of all trimming debris, at contractor's expense
6. Weeding
A. Hand-pull weeds in shrub and ground cover area, as needed to maintain a clean
appearance.
B. Apply only approved herbIcides, as needed to control weeds in parks, medians,
sidewalks, decorative pavers, bul1noses, curb, catch basins, and gutter areas
C. Trees and palms within lawn area: Do not use string trimmers adjacent to trunks
in order to avoid trunk damage Maintain all tree and shrub beds in ('\ weed free
condition by hand pulling, at each maintenance visit Nut sedges shall be
controlled by a product formulated specifically for their eradication. No green
weeds shall be visible in any landscaped beds on the final day of each month.
D. Haul away all tnmming debris from SIte, and properly dispose of at contractor's
expense.
7. Clean-up
A Using a mechamzed luw-decibel blower remove all debris from all walks, drives,
roads, synthetic turf, and pedestrian areas as often as requested by City
48
r
,\
\ \ )
\~){
C- /''\
B. Remove all excess soil, trimmings, debris, and eqmpment from site after each
vi si t
C. Remove surface debris from top of catch basin grates. Contractor to report to
City any visible blockage inside catch basins
D. Empty and dispose of contents of all trash containers on a daily basis, including
weekends and holidays. Contractor is responsible for disposal of all trash in
accord with all Federal, State, and local regulations.
E. All debris removed from the City of A ventura is to be disposed of at an EP A and
State of Florida approved dumping site, at Contractor's expense. Contractor to
provide City with report every month detailing total cubic yards of debris and
trash collected from right of ways and streets,
V. PA YMENT
1. The payment process begins wben the contractor notifies the Director of Community Services
or designee of work completed.
2 The contractor is to notify the Director of Community Services or designees office by 900
a,m. of the following work day regarding \vorJ...: arcZlS completed Following such notice, the elty
shall inspect the maintcnance areZl indicZlted Within 24 hOelrs If the contractor's performance
does not show completion of mall1tenance items prcvioLlsly described, the City shall request, and
require corrective action to be taken at no charge to the City.
3. Payment for work shall be authonzed upon evidence of completion, and will occur on ([
monthly basis. Payment WIll be made by the 20th of the month for work completed the previous
11'1Onth provided all tasks and duties are satisfactorily completed, in the City's sole discretion.
4. Any additionCll work requested withm the scope of work shall be charged at the cost per cut or
unit price rate The contractor \vilJ be given at least 24 hours notice prior to a call for service.
5. NON-CONFORMANCE TO CONTRACT CONDITIONS:
The City of Aventura may withhold payment or reject areas which are found, upon examination,
not to meet the specification requirements Upon written notifications of rejection, subject areas
shall be rectified within fIve (5) calendar days by the Contractor at his expense. Rejected areas
left longer than fifteen (15) calendar days WIll be regarded as abandoned, Rejection for non-
conformance, failure to provide services conforming to specifications, or failure to meet service
schedules, may result in the Contractor being held in default and shall authorize t11e City to
terminate the contract upon notice tu the Contractor
END OF SECTION 4
49
/)
" II
- \~r
<:._~\ \
I
I
~
\ '1J~
~ l .::.Jif ::'l....J
~ -: )
~ ~~9~~-_' // ,./ ~lJ 3
~ ~ ' ~w ~~
!r. 'g ~; I
~ \~,;/. / ~tt:5 l'
~II ~~/lp// 1 t ,i
\ ~y /1' p.EG I I
. !!2e'r'.Y\ ;\.... j I~~' /
I ,~y//) //
lp'-~/ \\ ~,/// ",/ iiI' ,I i /
I ' :y"~ ,,/'
..- .... I~' #1' .0 r r
+i ~p',....,,,.:~}Ji r~OI'-;:;~~-l //'/
~ ,~ I /
~ ~ , i /
:;: '- '- l l:; r
~ ~ '7----- -i--~~
~ l ~~~ j~~~
) ~
; !
PI:-.lE!;; f111/D
LIl' L I
I """/--~' ~P.".1''-~ 5 MILE flADlU'
-~. --.._~. r FR.OM CITY of
,./' / '1 ..~..... A'\J'l::~lIURA ell Y
... ~
~ '~ LIMITS .
~:;r.JU~\JO ~
\
\
\
\
\
\
\
\
I
.,
~
W
d
~
t.
<::
~
0(
rl-+t
lk
~ ,.
SATELLITE STORAGE AND MOBILIZATION FACILITY
\VITHIN 5 lVlILE RADIUS OF THE CITY OF A VENTURA LIMITS
so
\ \
--~-~~?~
THE CITY OF A VENTURA
M\QI1'!-OadolBl'OW"rQ Co. Line
WATf::'FNI"YS DOG PARK
WATEPWAYS pARK
tiE 2~3TH ST
MIN\ pAM
~. .~^i14
~",.-,-_.~--- -'""
)Ii
~
/
V
~~
Addendum No.1
51
PUBLIC WORKS & LANDSCAPE JVIAINTENANCE SERVICE AREAS
Parks, Buildings and Facilities:
Founders Park CtYorth & South sides orNE 190[;' Street!
, c ~
Veterans Park
Waterways Park
Waterways Dog Park
Yacht Club Drive Mini Park
Aventura Government Center
(ROUTINE MAINTENANCE ON SATURDAYS ONLY)
A ventura City of Excellence Schools: playfields, artificial turf and hard top areas.
(ROUTINE MAINTENANCE ON SA TURDA YS ONL X)
Aventura Arts & Cultural Center
(ROUTINE MAINTENANCE DAYS TO BE SCHEDULED WITH CITY)
Community Recreation Center including Arthur Snyder Memorial Park
(ROUTINE MAINTENANCE ON SATURDAYS ONLY)
Medians and Rights-of-\Va\':
NE 213th Streetjl-ol77 Biscay!!!! Bouln'urd to NE 3i!r /he
Y 8cht Club Drive jl-om NE 3 A IC II) NE 3 A i'e.
NE 3 ih Avenue fl'om Yocht CillO Dr tl) end
NE 34th AveIlLlefl'orn N COIlIIIIY Club Dr. /0 NE 21 Sf.
NE 20ih Streetjl~om BiscaYllc BI1'CI 10 ElHI cnd
NE 30lh A venue tlwn NE 203"1 51. 10 North end
NE 291h Placejl-~m Avcnlllra Bl-vd to NE 203'd Sf
Aventura Boulevard (including entrance features)jl-om Biscoync Blvd to W CountlY Cluo Dr.
West, North and East Country Club Drive (mcludmg Don Soffer Exercise Trail)
SR 856 (Wm Lehman Causeway) jl-om West Country Cluo Dr, to Intracoastal JiVotcr1voy (North
& South sides including nWH'ing), South cmocml..7ncnt planting orca Wcst ofW Country
Cluo Drive ond medicm at intcrsection ofBiscuvne Blvd
Yacht Club Way jl-om East COllntry Cluo Dr /0 Mystic Point Dr,
Mystic Point Dr. (Turnberry Way north to gatehollse and south to j\1ystic Pointc gatehouse)
NE 19151 Streetjl-om Bisccryne Blvd to NE 29[!r Ave.
NE 190th Streetjl-om NE 29[11 Ave to ElLst end
NE 291h Avenue from NE 18th Sf. to NE 1915/ Sf.
NE 1881h Streetfrom NE 29i11 Avc. to East end
NE 18ih Streetjl'om Biscaync Blvd to NE 29[h Avc.
NE 28th Court (i'om NE 185[11 Sf. to NE 18th Sf.
NE 185th Stre~tjl-omNE 28/11 Ct to NE 31sIAvcnue
Miami Gardens Dr. Extensionjl-om Biscuyne Blvd to NE 28[h Ct
NE 31 st Avenue from NE 1851h Sf. to NE 183rd St
NE 183id Street (Wm Island Boulevard)from Biscaync Blvd to NE 31'[ Avc
}\E 209111 Street frolil BiSCCfl'iJ!:' Blvd. [0 iVE 30lh ""hCllllC
!\'E 210tll Streetji'oJII Biscril'J7<.' Blw!. t(J i\'E 3011i Avel!lie
"7E 79th (' . :\eE ),,_[11 S i'\'p .)O~'!r S
L~ _ ollrtjrO!J/ 1 \ _ u) t. to jy~ _! treef
"'E 70-111 S .t. ,-r .,('iI, (' -c 1
i',' _,:' treet.JrOJill\L ",i t. to l.:ast cnr
52
CITY OF A VENTURA
INVITATION FORBID
PUBLIC WORKS & LANDSCAPE MAINTENANCE SERVICES
IFE #10-07-12-2
SCHEDULE OF VALUES
PUBLIC WORKS & LANDSCAPE MAINTENANCE SERVICES
NOTE: The quantities shown in the Schedule of Values are an estimate only. They may vary
significantly from the actual quantities ordered by the City, Payments shall be for the units
ordered, delivered, placed, and accepted by the City. The Bidder, by signing this Bid Fonn and
Contract, fully acknowledges that he/she will receive no additional compensation (no
overhead/no anticipated profits, etc.) other than the bid unit price of the items times the number
of items authorized, ordered, delivered, placed, and accepted by the City.
ITEM
BASE
BID
Item
1T
:2
All City parks and building
facilities within the scope of
this project
\
[ All medians and nght-of-
ways within the scope of
this project
..,
,)
Seasonal Color
Replacement, 4 I,S" pot with
Atlas 3000 topsoil, full
71,500 x 3 changes per year
4
Merit Soil Drench for Royal
Palms (One application per
year)
Cygon Foliar Spray for
Royal Palms (One
application per year)
Phoenix Dactylifera
Maintenance (Three
applications per year)
TOT AL BASE BID
Total of Items 1 through 6
constitute the Base Bid
5
6
TOT AL COST
PER 12 MONTHS
I r !
" 1-( // :
..) ( )! /.:
~I r~)
..) "/ ,
I s :,J J
,
(. (J
(" ;7 :S .
llnit price shall be delivered and in-place: includes
removal of prior season's flowers, fertilization and pre-
emergent herbicide as per specifications.
$ l/ /:)/ x 214,500 per year = $.J"F3 I! ,~",:" TOTAL
Per Application /
S ,-S:OC) x4l7RoyalPallns=$ <.,7. /'"/,, ,-<:'Q
" , - (, r'J~"J r rOT AL
Per Application
~- _,~i ,':) ./" '..; I Ji:"')
S ' J, ,~'- x 417 Royal Palms = $,/, c) Sr,')' ~TOT AL
Per Application
( iCi
$ i/ {:', x 120 Date Palms x 3 = S /;( 7 (/c,' TOTAL
s '/' 7 .:)/ (;:: r~) c'), C (o'
/
BASE BID TOT AL
59
r-.
(
, 'i
~k:
e:x:.' \]
'- '\
A
ADDITIONAL SCHEDULE OF VALUES
One Landscape
Superintendent
B
One Landscape Laborer
c
One Front-End loader \-\lith
Backhoe including Operator
D
One min. 15,000 GVM
Dump Tmck with Operator
E
Rate for (l) water tank, 11'\18
500 gal. c3pacity, with
pump and hose reel
\
F
Rate for Topsoil (70/30
mix) delivered and installed
in lace
Rate for Trap Sand
delivered and installed in
lace
Coconut Palm OTC
Injection
G
H
I
One IrngatlOn Repair
Special1st
J
One Irrigation L8borer
l m.l_
Per Hour 8:00 a.m.-5:00 p.m., Mon.-Fri. =$ ,;/'7-, 5<-:'
Per Hour for all other times =$
Per Hour 8:00 a.m.-5:00 p.m., Mon.-Fri. =$
. ,)~-
L/.' -,-5
/ ,
/ ::;< ,:; c.
Per Hour for all other times
Per Hour = $ ~.:" c)
:; (~{)
i "
=$
Per Day = S
,~..'~ :,,)~')(:,)
Per Week = S I
,j? L)(~-) (~lt-)
Per Month = $
Per Hour = S
I.~.-j i () I~~
__3 _s-~ l~) t")
Per Day = S
j> {jr {)~)
(~{') r) ()
Per Week = S
. j
I Per Month = S
Pe: Day = S
)
/ '
I '--'
i- .,./(;~)
Per Week -. S
~/
Per Month =:[;
{~~j (:.) (~." -
.jt)
Per CY = S
_-;: .5 .' (:~) I~)
Per CY = S
,---:-';"(~~" 0
Per Palm
Per Injection = S
/ / (~~. c::1
Per Hour 8:00 a.111-5:00 p.m., Mon.-Fri = $ ? j~ ('-)0
Per Hour for all other times
== S _~)~L~, r.~ ~ j
Per Hour 8.00 3.111.-5:00 p.m., Mon.-Fn = S /j-<
Pcr Hour for all other times
I
J
- S :--.:/ ':1 i") {~:;
I'
60
(
C>"~~
K Rate for self prope !led 24" I Per Hour =$
Deep x 6" Wide Trencher
with Operator Per Week =$
\~C Per Month = $
Rate for One Skid steer Per Hour =$
Loader (Bobcat) with
Operator Per Day =$
I
\ Per Week =$
M
l
N
Solid St. Augustll1e
"Floratam" Sod in place for
lawn repair (includes initial
irrigating)
500 Sq. Ft. palette of St.
Augustine "Flora tam" sod
delivered and installed per
City direction
Gold Premium Shredded
Mulch, Grade "A" or better
delivered and installed in
place
Fibar System 300 delivered
and installed in place for
exercise stations parks
Foliar Spray to combat
Ficus Whitefly (locatlOns
per specifications)
o
p
Q
R
Drench to combat Ficus
Whitefly(locatiuns per
specifications )
s
Atlas 3000 Soil Mix
c31 "J~')
I ") /0
. ,__)--.-1.
c.- (j
. fi,/cj'cc, OC
~.
]5- CJC'
:-;{ S;~ c: i (~\ c~~
!) ,;-/ c~ (') (.., C
Per Month =$ (-I; y;c.:C) ()D
Per
Square Foot = S J' ,cj c)
- S
,.,;~ G '-~~, () c~';
Per 100 cubiC yards delivered and installed in place:
s _.;/ S.~) "'? (,. c
\
\ Per CY installcd= S
\ Per
ApplicCltlOll = S (
, .,
. / ,"-')' .,
7'~.'/l (/
(: . I
1_~.J -'/~) t' /c.
I, i
Per
1.. S 'J,."- "'.- /).. .') i
App lcatron = . ,:-',.) .' (~/c. J // LI"-- /"/2 E t.-
-/-' c) /.9 r I (~i / /~) /)/) /-.- f c~,./c
Per cu yd. in place = S ,:./ I,. c/., c"':
Plant 3 Gal. Chrysobalanus
icaco 'Red Tip' (Red Tip PerPlant in place = S ~l~ c,' ('~
Cocoplum) and remove old
plantings; add topsoil ,md
fertilize
Plant 3 Gal. Conocarpus
erectlls 'Sericem' (Silver Per Plant in place = S ~j. {~ c~
Buttonwood) and remove
old plantings, add topSOil
and ferti ltzc
T
u
61
l..C/?
\
~~
\ V Plant 3 Gal. Conocarpus ,
/) ~' /'
erectus (Green Buttonwood) Per Plant in p13ce = S / .J / C......'
'-/0
and remove old plantings~
add topsoil and fertilize
W Plant 3 Gal. Duranta erecta Per Plant in place = $ 9-~
_ c'C:
'Gold Mound' (Gold
Mound Duranta) and
remove old plantings; add
topsoi 1 and fertilize
X Plant 3 Gal. Ficus
microcarpa 'Green Island' Per Plant in place= $ // (~)/~)
/ "
(Green Island Ficus) and
remove old plantings; add
topsoil and fertilize
y Plant 3 Gal. Ixora 'Nora
Grant' (Pink Ixora) and . Per Plant in place= $ ./ c:) (_J
/ ,
remove old plantings; add
IZ topsoil and feliilize
Plant 3 Gal. Ixora Petite
(,Red Taivlan Dwarf hora) Per Plant in place= $ .' ,.-
,- '-
,
I \ and remove old plantings;
add topsoil and fertilize
I AA Plant 3 Gal. Jasminum I Per Plant ll1 pbcc= S
volubllc (Wax Jasmine) zme! ..',:/ , ' ,
I !"emove old plantings, add
I topsoil and fertlllze -
BB I Plant J Gal httOSpO'l'lll
tobira'Variegata' Per PL:ll1t 11l place= S ,:") c.
,
(Variegated Plttosporum)
and remove old plantings;
add topsoil and fertilize
CC Plant 3 Gal. Ruellia
I brittoniana (Mexican Per Plant in place= S ~/, c:'
Bluebell) and remove old
plantings; add topsoil and
fertilize
DD Plant 3 Gal. Schefflera
arboricola'Trinctte' Per Plant in place= S ( t..~.,,:
; /
(Arboricola) and remove I
old plantings; add topsoil
fertIlize
EE Plant 7 Gal. Clusia guttifera
/') - ~ - -'
(Small-Leaf Clusia) and Pcr Plant in place= S ~ {.'--
-- - ./ ,
remove old plantings~ add I
topsoil & fertilize
62
,I
\ (0
<:=::~\t~
"\
IFF
Plant 7 Gal. Bougainvillea
glabra (Bougainvillea) and
remove old plantings; add
topsoil & fertilize; color to
be selected by City
Plant 3 Gal. Coccoloba
uvifera (Seagrape) and
remove old plantings; add
topsoil & feliilize
Plant 3 Gal. Hamelia patens
'Compacta' (Dwarf
Firebush) and remove old
plantings; add topsoil &
fertilize
Plant 3 Gal. Philodendron
'Xanadu' (Xanadu) and
remove old plantings; add
topsoil & fertilize
JJ . Plant 3 Gal. Trips3cum
L floridan3 (Dwarf
Fabhatchee) and remove
. old plantings; add topsoil & I
~ fertilize .
GG
HH
II
Per Plant in place= S
Per Plant in place= $
Per Plant in place= 5)
Per Plant in place= $
i
\ Per PI,mt in place= S
I
i
,:;- I ~;2
.----
)
n /,
/0. c'c/
9 C' c)
If( iJ/ {:[-)
~;/ ~~~t>
.. ,
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
63
~
I
'Ie
,._---~\\
"-"-~-~_J "\
CONTRACT EXTENSIONS, The City of A ventura hereby requests bids for a three (3) year contract
for supplies and services. In addition, the City reserves the right to extend this contract for one additional
three (3) year tern1, providmg both parties agree, that all the terms, conditions and specifications except
for the itemized and unit prices as contained lD the Schedule of Values, which shall be negotiated in faith)
remain the same and the extension IS approved by the City Manager.
BIDDER OFFERING FIRM PRICES FOR THE INITIAL THREE YEAR CONTRACT PERIOD,
YES X" NO
BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR A
SECOND THREE YEAR TERM: YES 'Y.' NO
I
-.------- /j
/. ~ /J 1/ ') I' ,~ -; ~ "- I'
e', c/,--,<:-://Y7/:::. -;~/ /) r':C::C' / C'
Bidder Name and Title
2:.. S ( (j 6 /) ,I
i .
/!-A.'~~ ,.~.._(<~<:). -.
_/'--- " ",---',
c~;.-~'\/~; ~ ~_'_ ~ I (~-/ /(,~~ I ~?~. :~_~~ ."~. ._)
. ,/
Company Name
.,
;f-"- /'. -f
L:r /';-7'(,
--- I _ I
/-/
/ .
I I
I / '
(~/) C;"
r!
~/
;--; /
/--- /
~33 ('~) :;;;. /
;J ,;::1-
Address
f~2// 2;/:,~3/ -- .II / /
Phone
95 L/_ 1-7.:'? J.- .I / / I
Facsimile Number
/ ?~q Iii C~ Z'.:;c / C/ (~?J {~,--~j C (: _~~. 5'/JO-~J "e /) :;: S~: h / z:-
tfnail Address
64
/'\
:' I
'\' i ;
,/
\ \\
>:------'1 '.\
---._-~
END OF SECTION
APPENDIX 3
BID BOND
STATE OF FLORIDA
)
)
)
S8:
COUNTY OF MIAMI-DADE
KNOW ALL MEN BY THESE PRESENTS, that we, LUKE I S LANDSCAPING I INC. DBA
LUKES-SAWGRASS LANDSCAPE , as Principal, and THE GUARANTEE COMPANY OF
NORTH AMERICA USA , as Surety, are held and firmly bound unto the City of
Aventura, a municipal corporation of the State of Florida in the penal sum of
Dollars ($ ), lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the
Principal has submitted the accompanying Bid, dated July 12 ,2010
For: PUBLIC WORKS & LANDSCAPE MAINTENANCE SERVICES
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the altemate
(b) If said Bid shall be accepted and the principal shall properly execute and deliver to said
City the appropriate contract documents (Contract for Services, Performance Bond,
Insurance, etc.), and shall in all respects fulfill all terms and
conditions attributable to the acceptance of said Bid,
then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall in no
event exceed the amount of this obligation as herein stated.
The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond
shall be in no way impaired or affected by any extension of time within which said CITY may
accept such BID; and said Surety does hereby waive notice of any extension.
IN WITNESS WHEREOF, the above bound parties have executed this instmment under their
several seals this 12th day of July > 2010, the name and tbe
corporate party being hereto affixed and these presents being duly signed by its undersigned
representative.
87
~
IN PRESENCE OF:
LUKES' LANDSCAPING, INC. DBA
LUKES-SAWGRASS LANDSCAPE (SEAL)
Corporation, lndividual or Partnership Principal)
~
I
By:
(Contractor)
ATTEST:
2950 N. 29th Terrace
Secretary (If Corporation)
(Business Address)
Hollywood, FL 33020
(Clty/S tale/Zip)
954-239-4213
(Business Phone)
{'
IMPORT ANT Surety companies executing bond mllSt appear on the Treasury Department's
most current list (circular 570 as amended) and be authorized to transact business in the State of
PI orida.
88
c~
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Gerald J. Arch, Shawn A. Burton, James F. Murphy, Joanne M. Mursell, Michael A. Holmes
Brown & Brown of Florida, Inc, - Ft. Lauderdale
its true and lawful a\lorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2, To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31" day of December 2003, of which the following is a true excerpt:
SOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
eof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed
...-----:-~
(~"",,,'N fE€ <'00
(! IIf:} \\
~Wq
1-0 .,.,";)
~fH AME;~'C
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day
of February, 2010.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
fJltC ~~
STATE OF MICHIGAN
County of Oakland
On this 2nd day of February, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Stephen C. RuschaI<., Vice President
Randall Musselman, Secretary
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27,2012
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
~~ (). -r~
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect
IN WIT~ESS WHEREOF, I have thereunto set my hand and attached the seal of said Company thiS 12 t~ay of July
,2010
~;;NH'€ C"
~@~
-1-0 "r-v
~~~~G
k'
Randall Musselman, Secretary
Landscape Architecture & Planning
Oak PJaw ProfessionCl! Center
8525 SW lJ2nd Street. Suite C-ll
Miami. Florida 3:'l15()
tel: 305.596.6628
fax: ::j()5.596.9160
LC260001%
www.uIeClryrichards.com
July IS, 2010
Mr. Robert M. Sherman, CPRP
Director of Community Services
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Public Works & Landscape Maintenance Services
Bid #10-07-12-2
Dear Mr. Sherman:
Pursuant to your directive, I have reviewed the bids for the above referenced
project. It is my recommendation that this contract be awarded to the lowest and
most responsive bidder, Luke's-Sawgrass Landscape, Inc.. I am looking forward to
the continued improvement in the level of maintenance provided by Luke's-Sawgrass
Landscape.
Please let me know if you require any additional information.
Sincerely,
O'Leary Richards Design Associates, Inc.
,+t'ir-;,
, ! /':;,' "../i.:
t r
Kathryn O'Leary Richards\ R'LA, ASLA
President
3 (e f'i\ ":--\
.,: <\
""11-. .... " t
R ,) t
(\ i
.;~ $ fli 0\ ~
"'\ ;:;, ?(l 4'-
~ ~
- i' 1".
~ T 'Ii rn
r' ....
",
"
(CJ
~
~
aD,
('-'"
~ ""'"
r~ :?>
, ~
) --'-.
...... , rU \N
:;: ~ ,$. ;.:, ()
r;. ~. ~ 0
~'IJ' f-
\." \ U\ ~ s:
"\ "'0
;. ~ f'
5:- k. l... )>
" ~ ~ r ~
,
~ t'..
.....\ ""'
~~. \r,
~ ,-
<
c-
~
<;-c"
$
b- .
+- v.,
<, ........
~~Q
~. t ~~~
". ...... N 0-
\i\,,~''"''\
~ t' () m
'.J., oCft
~o.
'" (" en
f:::-
v\ '\
:r::.... ~ ~,
~ _ 1 ::::-.)-. \>
:;.-- () ......
<)
:~ --
-",".'
I ~
_.. ".)-
_).; ";I... ,.
'('~ ,.;\ ~ c- ~
'-.-
'\',
~, ~
-~~
~~ <:)
t, 'i-
vv l' t.'
\.,,,, ""-.
,)
~.
-~
~ '"
~''''- ,>
J ..} ~
~ .4l-::, < ~:.
8
''1
0',
.\~.
K
"".
\..:.1
\.) "\.~
....'
V', c.v \!
-=- vI
, C><~
-!> ~
': \.J
,
-.' "<
,).,J ..J'.,~
~ V.
;S,
~J
~
~~.
~.~ J (..!"! '..,j\
'. '\ ~ ~
"-"'- ~ \
:c.. ~,
w
1-
" .. ')1.., \
.t, ~-
';' ~',.l ..:.~'\ ~
-'~ <t-'>-
'-t:
"'\.J "'~
i'" '^
R_.' ~
--.
~
(',
~
~
V'\
-' (','.-;
- \j.I
0,
V\
~
<r'
6"
~.
~~
,\,,-J
C~i
.~
""'"
\..J\
'.) ~" .J.~
v.
-, ~ ..4-
~~ .1:
..)
...c: ~
<"
i..>l .J
\..>.l <",
J.. ~
-=-
-
~,
~~
~-
'0;1 ......~
~ .~
1 ~
...\0. ~
b ~_
N rt;
" +
""
......0"
~-
::::J
~
~
-::s-
<:
r-.
"'-> $" ~ '5
i). r:'~
, ~
cJ" ~,~ "
~ 'i
j...!' -,
r"
C. ?
"':.
r,
f'
~~,
(~)
,.
(,
-.
<:"""", '\.'-"
::--....
~
'"
">
2-
:s.
r..:
~
~
~
~
<'.,i
~
, IN
~ (\.,
V'. (..}
\!'
r?:;'
. .,
-;:
f
~ y.
tl
,~
-,
-,..,
- .
'I
fJ
A..~'
"-
...
J
----------------
------------------
----------
-0
C
i:GJ
)>r-
z-
cO
~~
~O';O
<0'3"
0..-(1)
~"Ogo
Cft';Or- 0
o..m..... -
S>> I 'z--4
-< us -n -<
-t.- 6 g us 0
soo*-n
roo~~~
<q.~m~m
-N~i:~~
~m~~C
OZZ~';XJ
""o-t )>
\~mm
...J>>(I)z
O_'h.
oG')z
0%0
)>.!-m
~z(I)
(l)m
ffi~
~o
m
(I)
''''"
~
#
rn
,
s:
~
('.
n\
r\J
~.
~
0..
'""\
ro
Cft
Cft
..-:!:.~~-:.~-
~
-
\,./)
C--.
C'
--
-.
-..
~
.-:--..
p,f)
r::- -
..-
~-,
......
s
R?
~)
~.
, -
--
r:,
."'-
I, I
t
L:::>
...J ~:
~ ;.-
<.
..
~
r;--..
"""
.
:3
V
~
W
::3'\
....
-
R
'.
.....
~
~
--.;
1/)
--
~
~'"
:::;;-
~
,.
~
~
r/
....
~
..-
.C
~.
if
t-..
\ .
l
(,..')
o
U\
f
~
r;
:t
~
~
E.
~
~
\J' S
.g
~ ~.
~ 8
~
~ ~.
~
~
r\
f'....
C
(\J
'[\
~
~
r1
.........
I
~
+-
.... ..
, ~
7i 01
~-o-
.\) ~
f~ it
~-f
_, l.
? ~
;~ - 3
'.'\
t:
~
~
~
(l)
~
~
~
N
~~
-(
....,...
a
~
~
-\
-:to
o
~
~
C'>
?:.
t'
~
...
i..
$
~
~. (j..)
, 0
~
-
o
....
"--
~ ~- "1:~' N
~ ". ($l ..... ~. 8
........ ~ ~ ~ ~
\.'\ ~ - ~ l> - z..
\" t. '/} ~ f
~~t,"< ~.
,"') ..1l 't.. ~ ;7t~
(\ UI c:tl ,,1 "- ..~
C. tV " W ,..
~~. ~~~
t"'" ..... '1
~ ~
~
~
~ ~ ~ ~
~ ~
(J) ~
.] I
to ~ ,j
~
'-c;:. .J
<::;~
\>-{.:
~\)
S;8'
~C::
v(('
~
~~.
~3:
~
!~~
w<=>
...., Iv
~
,Q
'l;A
t
"J
1'1-
;;},
':::-
......
~
"f
'-.l
~)
~ ~
I C.V
~ ~
~
C' ts
N' c::,
'" -.t.
'->-
t.'l
c
VI
tl;
")
~
~
~
E
:J1
&.
!
-i
~
"'It
(VI
~
(i
'!:-
,;,
.1
f-J
, "'I
t
ll\
~'
\r 11',.
<.)
...\ v;,
~ ~
.A
G
w
o
\..\
~
c.p
~
I ,
Q 0
.... ...j
'IJ ...L
......
()
~)>
-c.
t::-!a.
'0'""1
~ () m
'....l 0 C/)
~ a.
~ CD
."
Q)
X
=tt:
m
I
s:
Q)
)>
a.
a.
...,
CD
C/)
C/)
z
)>
s::
m
()
o
s:
'"'0
)>
Z
-<
."
s:ffi
)>r-
z-
oO
)>::E
~d~
CD::O"
a.-<en
~"'Qo
~~r- 0
m.)> -
'< m Z ;; ::::!
-0 -
2-'Oenmo
:::JOO=tt:."
CD 0)>-
<Q..Z.,,-?>
."mo<
......m
~~S:~~
~m~~C
OZZN;::o
@O-C )>
mm
~enZ
9->
oG)Z
oZO
)>.!-m
~Zen
enm
::I:::o
m<
m-
-10
m
en
'"'0
::r
o
:::J
CD
:f;I:
s
........\1 ';-..,. ~ '3'
t''\ v\ \ \ ,. 0
~ c ~ ~..t:.
,:';) ,.l:17
",'::l "" \r S> 'z.
"\i I.r , .,..
~ bt.
...' -"
"T <;'-
......, ~
~
~
~
-::\ -~
~,' &
~. ~
.~- ~
'-r- f:l
~ ~ ~-J ~ ~-~ ~-~I
;; 0' ~,,<:::i';""C?
t '1\"...... c:::..~-')Z()
) (' . ':h ""
__ ~ .~ ~"t--' \.. i ~~):>
~_~ ,..Ip-_-O-
l:..:- "-', < '. '\......; " " '"?'\ ~ 0-
. ';t:.J." v.. --" "0 ~
"" j... ',JJ ""\' "-... 'Y V' (t)
~\~~~N~~~g~
'v~ ~ t\\ t ~ g-
v~ ~
....
Ii<
--!)
l-
e
~\
~
~
~
()
%?
:s
~
G,
':3:>
;s::
"F
9=
::'\
C0
~
~
I'J .....
..Q
\{\
~
~
:)
c--
('"'~
(",.
-
~
.:t>
t"
S
c.
('
r- .....\
f:. L-l ':J
2 (~ '::.,
~ J ~
,...c ~
;:., 'po.' .......
-6- 0 ~
'(: 5 <;;, ~
~') Lr- ;. (',
~\J I-~? \'
~ .) S
."c
;:;.
'T
<:::7
-r.:..
~
~
7(;""
~
<-
\'.
:::.J
F
$>00-.
~
5
,
-'
~
c---:
'<:-\
~
~:
r~..
~.- ~ \PJ ~ .D
.. ...n
:,; <l' t.. ~ r$_
:) ;;. . (,'\~'
, v' t ~~
( ('\ t' r :.:::"
'.... .,~p>
"y' ~ '-,~ '!t
~, l\ ~~..
+ '''' ~ ~
~. ~
('-. ,)\.
.;j..k
..,.., ('-~
(".r:-
,....'
......
x: ~
:~~, ~
1'>) .""-
y~1..:>
r~ ~' ~
<-.,
~1 ({..~ ~
\_,j
...,. (~
"
I;:':
......
~ -c. - .8
'!.\ v, '(3 r--->:
~. --!:. 0 \
\ ' <:I:>~
\J ';;;':t.. "-'5
V\~' \
~; c:Z:I <& ~
, .9 ..s>,l~
~ \/\ <.r. i-.:.l
'J1 .s::..
~\
(\;
p;J
G -f.'; ~..
" 'oJ' '"
v ,\...c; ,
\]......:. 1"--.\
\ -......;"...c. ~
~ t. ~J -.i ~
~ -{; ~l 0 ~
~ ~ N
~ ~
r:.....'. C!?>
~ ~0
_N
.. ~,
t-~
.-. t \ (..
~t--
\f';:"
t''f"""
""
s.1:i
'1(:, :,.
~ ~
"'<:'i
('. "'"
. r
1'.
.~.
('
---
t' '
,;,):S
'Z~.
\,'
ct
Ti
<i'
v-'
.r:
...
,
"'-.,
'lJ!
'''--
<1
\.II
~
Gi'
~--.,
" ~
C~ '-1
,
...'
.,.
'--
.....,--""
r.':::'
-C,)
,,"'
-:t
}.'
~
"
"
.,
-<:
p
~
#
-;;
~~
~~
~
~
"-
'" ~
~.~
.......
\Y '
t~
~~
tS~
..\"
r...
{'.~
"
, ".
----
l,
,.
"- .
C'
...
i'
,...,
\~,
;:r
"
..,
0'
"
.\.
'f
~
<')
<;.
i=
, ,
-'
~
--------.~
<:"
--
~
""'I ~
Y\
"
c..
\'
~
::;.
,..
V.
~
;:..,
,\
.(' "'-.
'-..J
(')
0-
<s-
...",
..........
{
........
'J
<::>
--.::
~
L'
"
~
~
~
~.
'J.i
<::>
.....
,
~
C'.
.\
.t::
~
~
~
C'
~
t;;:
~
~
'iW
"
;\
't'
-'
~
--.J
5-
1:
't..
.
V\
~
-
....
o'
!:
\l
()
o
~
'"0
)>
Z
-<
~
0-
v..
iA
-'>
oc.
t'..
...c:..-
~
~
~
~
~
(;11\
t.:?
..;s;.
t"'~
~
Ii"
or:
5:
(:
,..
t
~ f.
~ <C>
(,/1
'"'"
\\;.
........\
......1
~
,
<0
~
'<t
........
ct-
1
l"-
"
~
}
~,
;..
~.
e
'"'
..;
q,
y;
("'
'"
->
t
-0
~~
~c:
00
)>~
2dg
(I)~"
o--(J)
~-ogo
~~r 0
~ m~:;;=3
-0 -
~o(J)OJo
::100*-n
(l)o>~
<Dz"07>~
-nmOm
~~~~~
~m~~c
OZZN;o
@o-t -
mm .r
~(J)Z
9->
oQZ
oZO
):>.!.-m
~Z(J)
(J)m
ffi~
~O
m
(J)
--
\!
rn
I
~
~
~
0-
~
(1)
cJ)
cJ)
o
City of Aventura
Public Works Landscape Maintenance Services
Bid # 10-07-12-2
BID TABULATION
Bid Opening after 2:00 PM on Monday, July 12, 2010
Bidder
Item # loescriPtion
All CIty parks and bmldmg
facilities within the scope of this
1 project
TOTAL COST PER
12 MONTHS
Valley Crest
$ 949,830.00
All medians and right-of-ways
2 within the scope of this pf(~iect $ 346,170.00
Unit prie shall be delivered and in-place: includes
Seasonal Color Replacement, 4 removal of prior season's flowers, fertilization and pre-
y," pot with Atlas 3000 topsoil, emergent herbicide as per specifications. $_1.80_ x
3 full 71,500 X 3 changes oer vear 214,500 per year =$ 386,100.00 TOTAL
Merit Soil Drench for Royal Palms
4 (One application per Per Application
year) $25.00 x 417 Royal Palms = $10,425.00 TOTAL
5 Cygan Foliar Spray for Royal Palms Per Application
(One application per year) $30.00 x 417 Royal Palms = $12,510.00 TOTAL
*6
Pheonix Dactylifer Maintenance
Three applications per year
*TOTAL BASE BID
Per Application
$ 15.00 x 120 Date Palms x 3 = $ 5,400.00 TOTAL
I $1,710,435.00
NOTE: ITEM 6
Bidder used Incorrect math multiplying $15 x 120; yielding an incorrect price of $1,800.
Bidder omitted three applications per year multiplier.
TOTAL BASE BID
***Due to math error base bid change from $1,696,410.00 to $1,710,435.00
loescriPtion TOTAL COST
Bidder Item # PER 12 MONTHS
Superior All City parks and building
Landscaping & facilities within the scope of this
Lawn Servo 1 project $530,500.00
All medians and right-of-ways
2 within the scope of this project $310,240.00
Unit prie shall be delivered and in-place: includes
Seasonal Color Replacement, 4 removal of prior season's flowers, fertilization and pre-
y," pot with Atlas 3000 topsoil, emergent herbicide as per specifications. $_1.20_ x
3 full 71,500 X 3 changes per year 214,500 per year =$_257,400.00 TOTAL
Merit Soil Drench for Royal Palms
4 (One application per Per Application
year) $_19.00 x 417 Royal Palms = $_7,923.00 TOTAL
5 Cygan Foliar Spray for Royal Palms Per Application
(One application per year) $ 18.00 x 417 Royal Palms = $ 7,506.00 TOTAL
6 Pheonix Dactylifer Maintenance Per Application
Three applications per year $ 50.00_ x 120 Date Palms x 3 = L18,OOO.00_ TOTAL
TOTAL BASE BID I $1,131,569.00
Page 1 of 2
City of Aventura
Public Works Landscape Maintenance Services
Bid # 10-07-12-2
Item # I Description TOTAL COST PER
Bidder 12 MONTHS
-xIrClty parks and building
Lukes-Sawgrass, facilities within the scope of this
Inc. 1 project $ 471,224.40
All medians and right-of-ways
2 within the scope of this proiect $ 232,095.60
Unit prie shall be delivered and in-place: includes
Seasonal Color Replacement, 4 removal of prior season's flowers, fertilization and pre-
y," pot with Atlas 3000 topsoil, emergent herbicide as per specifications. $_1.18_ x
3 full 71,500 X 3 changes per year 214,500 per year = $_253,110.00 TOTAL
Merit Soil Drench for Royal Palms
4 (One application per Per Application
year) $_5.00 x 417 Royal Palms = $ 2,085.00 TOTAL
5 Cygon Foliar Spray for Royal Palms Per Application
(One application per year) $ 5.00 x 417 Royal Palms = $ 2085.00 TOTAL
6 Pheonix Dactylifer Maintenance Per Application
(Three applications per year) $_40.00 x 120 Date Palms x 3 = $ 14,400.00 TOTAL
."TOTAl BASE BID 1 $975,000.00
Rank Bidder Base Bid
1 Lukes-Sawgrass Landscaping $975,000.00
3 Superior Landscaping $1,131,569.00
4 Vallev Crest $1,710,435.00
Offers listed from the vendors herein are the only offers received timely as of the above opening date and time.
All other offers submitted in response to this solicitation, if any, are hereby rejected as late.
· Bid Manuel, Section 2 Item 2.5 - Mistakes: If there is a discrepancy in the unit and extended prices, the unit price(s)
will prevail and the extension adjusted to coincide. Bidders are responsible for checking their calculations. Failure to do so will at
at the bidder's risk and errors will not release the bidder from his responsibility as noted herein.
Page 2 of 2
AVENTURA CllY OF EXCELLENCE SCHOOL
A Special Revenue Fund
of the City of Aventural Florida
Special Purpose Financial Report
for the Fiscal Year Ended
June 30, 2010
.AI
.
-
- Contents
-
Financial Section
-
-
Independent Auditor's Report
1-2
-
-
Required Supplementary Information
Management's discussion and analysis (Unaudited)
3-8
-
-
Special Purpose Financial Statements
-
-
Statement of net assets
Statement of activities
9
10
-
-
Fund Financial Statements:
Governmental Fund:
Balance sheet
Statement of revenues, expenditures and change in fund balance
11
12
-
-
-
-
Notes to special purpose financial statements
13-19
,-
Supplementary Information (Unaudited)
-
-
Budgetary comparison schedule
20
-
-
Notes to supplementary information
Reports Required by Government Auditing Standards
21
-
-
-
Independent Auditor's Report on Internal Control Over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 22 - 23
-
-
Management Letter Required by Chapter 10.850 Rules of the Auditor General
of the State of Florida 24 - 25
-
-
,-
-
-
-
-
-
-
-
-
-
-
-
II McGladrey
-
-
-
-
-
Independent Auditor's Report
-
-
To the Honorable Mayor, City Commissioners and City Manager
of the City of Aventura, Florida
Aventura City of Excellence School
Aventura, Florida
-
-
-
-
We have audited the accompanying special purpose financial statements of the governmental
activities and the major fund of the Aventura City of Excellence School (a special revenue fund
of the City of Aventura, Florida) (the "School"), as of and for the year ended June 30, 2010,
which collectively comprise the School's special purpose financial statements as listed in the
table of contents. These special purpose financial statements are the responsibility of the
School's management. Our responsibility is to express opinions on these special purpose
financial statements based on our audit.
-
-
-
-
-
-
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States. Those standards
require that we plan and perform the audit to obtain reasonable assurance about whether the
special purpose financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the special
purpose financial statements. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable basis for our opinions.
-
-
....
-
-
-
-
As discussed in Note 2, the special purpose financial statements present only the Aventura City
of Excellence School, a special revenue fund of the City of Aventura, Florida. These financial
statements do not purport to, and do not, present fairly the financial position of the City of
Aventura, Florida as of June 30, 2010 and its changes in financial position for the year then
ended in conformity with accounting principles generally accepted in the United States of
America.
-
-
-
-
-
In our opinion, the special purpose financial statements referred to above present fairly, in all
material respects, the respective financial position of the governmental activities and the major
fund of the Aventura City of Excellence School, as of June 30, 2010, and the respective
changes in financial position for the year then ended in conformity with accounting principles
generally accepted in the United States of America.
-
-
-
-
-
-
-
-
-
McGladrey is the brand under which RSM McGladrey. Inc. and McGladrey & Pullen.llP serve clients' business needs.
The two firms operating as separate legal entities in an alternative practice structure.
Member of RSM International network, a network of
Independent accounting, tax and consulting firms
-
1
-
-
-
-
-
In accordance with Government Auditing Standards, we have also issued our report dated
August 26, 2010 on our consideration of the School's internal control over financial reporting
and our tests of its compliance with certain provisions of laws, regulations, contracts, grant
agreements and other matters. The purpose of that report is to describe the scope of our
testing of internal control over financial reporting and compliance and the results of that testing,
and not to provide an opinion on internal control over financial reporting or on compliance. That
report is an integral part of an audit performed in accordance with Government Auditing
Standards and should be considered in assessing the results of our audit.
--
-
-
--
--
-
The management's discussion and analysis and the budgetary comparison information as listed
in the table of contents, respectively, are not a required part of the special purpose financial
statements but are supplementary information required by accounting principles generally
accepted in the United States of America. We have applied certain limited procedures, which
consisted principally of inquiries of management regarding the methods of measurement and
presentation of the required supplementary information. However, we did not audit the
information and express no opinion on it.
--
-
-
-
-
-
-
&~.//~/L~?
-
-
_.
Fort Lauderdale, Florida
August 26, 2010
--
--
-
--
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
2
-
,,-
-
-
-
MANAGEMENT'S D\SCUSstON AND ANALYSIS
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
/'
,..
,...
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
..
...
"""
Management's Discussion and Analysis (Unaudited)
Year Ended June 30, 2010
"""
-
Our discussion and analysis of the Aventura City of Excellence School's (the "School") financial
performance provides an overview of the School's financial activities for the fiscal year ended
June 30, 2010. Please read it in conjunction with the School's special purpose financial
statements which immediately follow this discussion.
-
-
-
Overview of the Special Purpose Financial Statements
-
-
This discussion and analysis is intended to serve as an introduction to the School's special
purpose financial statements. The special purpose financial statements are comprised of three
(3) components: 1) government-wide financial statements, 2) fund financial statements, and 3)
notes to the special purpose financial statements. This report also contains other required
supplemental information in addition to the special purpose financial statements themselves.
-
-
-
-
Government-Wide Financial Statements
-
The government-wide financial statements, which consist of the statement of net assets and the
statement of activities, are designed to provide readers with a broad overview of the School's
finances, in a manner similar to a private-sector business.
-
-
-
The statement of net assets provides information on all the School's assets and liabilities, with
the difference between the two (2) reported as net assets. Over time, increases or decreases in
net assets may serve as a useful indicator of whether the School's financial position is
improving or deteriorating. However, as a governmental entity, the School's activities are not
geared toward generating profit as are the activities of commercial entities. Other factors such
as the safety at the School and quality of education, must be considered in order to reasonably
assess the School's overall performance.
-
-
-
-
-
-
The statement of activities presents information and shows how the School's net assets
changed during the year. All changes in net assets are reported as soon as the underlying
event giving rise to the change occurs, regardless of the timing of related cash flows. Thus,
revenues and expenses are reported in this statement for some items that will only result in
cash flows in future fiscal periods.
-
-
-
-
Fund Financial Statements
-
-
A fund is a grouping of related accounts that is used to maintain control over resources that
have been segregated for specific activities or objectives. The School has only one (1) category
of funds - governmental funds.
-
-
Governmental funds are used to account for essentially the same functions reported as
governmental activities in the government-wide financial statements. However, unlike the
government-wide financial statements, governmental fund financial statements focus on near-
term inflows and outflows of spendable resources, as well as balances of spendable resources
available at the end of the fiscal year. Such information may be useful in evaluating the
School's near-term financing requirements.
-
-
-
-
-
-
..
3
..
..
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
-
Management's Discussion and Analysis (Unaudited)
Year Ended June 30,2010
-
.-
Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental funds with similar
information presented for governmental activities in the government-wide financial statements.
By doing so, readers may better understand the long-term impact of the School's near-term
financing decisions. Both the governmental fund balance sheet and the governmental fund
statement of revenues, expenditures and change in fund balance provide a reconciliation to
facilitate this comparison between governmental funds and governmental activities.
-
-
-
-
-
Notes to the Special Purpose Financial Statements
-
-
The notes provide additional information that is essential to a full understanding of the data
provided in the government-wide and fund special purpose financial statements.
-
-
Supplementary Information
-
In addition to the special purpose financial statements and accompanying notes, this report also
presents certain required supplementary information concerning the School's adopted budget to
actual results.
-
-
-
Government-Wide Financial Analvsis
-
-
As noted earlier, net assets may serve over time as a useful indicator of financial position. The
following table presents a comparative analysis of the condensed government-wide statements
of net assets:
-
-
-
Current and other assets
Capital assets
Total assets
Summary of Net Assets
2010 2009 Variance
$ 2,183,016 $ 2,220,672 $ (37,656)
2,198,781 2,165,173 33,608
4,381,797 4,385,845 (4,048)
-
-
-
,-
-
Current liabilities
Noncurrent liabilities
Total liabilities
Net Assets:
Invested in capital assets
Unrestricted
Total net assets
$ 540,249
17,833
558,082
$ 1,160,357
12,354
1,172,711
$ (620,108)
5,479
(614,629)
-
-
-
2,198,781
1,624,934
$ 3,823,715
2,165,173
1,047,961
$ 3,213,134
33,608
576,973
$ 610,581
-
-
-
-
-
-
-
4
-
..
..
..
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
..
..
Management's Discussion and Analysis (Unaudited)
Year Ended June 30,2010
..
-
-
Current and other assets decreased due to a relatively small net decrease in pooled cash and
cash equivalents. Capital assets and invested in capital assets increased due to the remaining
construction costs that were related to the ten (10) additional classrooms which had begun in
the prior year.
-
-
-
Resources that are subject to external restrictions on how they may be used are classified as
restricted assets. As of June 30, 2010 and 2009, the School had no restricted assets. The
remaining unrestricted balance may be used in any of the School's ongoing operations.
-
-
-
The following table presents comparative information of the condensed government-wide
statements of changes in net assets:
-
-
Summary of Changes in Net Assets
2010 2009 Variance
-
-
Revenues:
General revenues and transfers
Program revenues:
Charges for services
Operating grants and contributions
Capital grants and contributions
Total revenues
-
$ 6,249,627
$ 6,058,952
$ 190,675
-
645,257
637,694
96,600
7,629,178
665,864
674,700
86,725
7,486,241
(20,607)
(37,006)
9,875
142,937
-
-
.-
-
Expenses:
Instruction
Instructional media services
Operation of facility
School administration
Pupil transportation services
Community services
Total expenses
-
4,158,956 3,774,384 384,572
58,595 69,856 (11,261 )
1,544,215 1,532,516 11,699
935,083 907,747 27,336
183,600 181,560 2,040
138,148 132,089 6,059
7,018,597 6,598,152 420,445
610,581 888,089 (277,508)
3,213,134 2,325,045 888,089
$ 3,823,715 $ 3,213,134 $ 610,581
-
-
-
-
-
-
.-
Change in net assets
-
Net assets, beginning
Net assets, ending
-
-
-
.-
-
-
-
.-
5
-
-
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
Management's Discussion and Analysis (Unaudited)
Year Ended June 30, 2010
-
-
-
.
General revenues increased primarily due to an increase in the aggregate amount of state
funding resulting from the addition of 32 new students.
Instructional expenses increased primarily as a result of teacher salary increases based on
years of service and new teacher positions added to accommodate the 32 new students.
-
.
-
--
-
Financial Analvsis of the School's Funds
-
As noted earlier, the School uses fund accounting to maintain control over resources that have
been segregated for specific activities or objectives. The focus of the School's governmental
funds is to provide information on near-term inflows, outflows and balances of spendable
resources. Such information is useful in assessing the School's financing requirements. In
particular, unreserved fund balance may serve as a useful measure of the School's net
resources available for spending at the end of the fiscal year.
-
-
-
-
-
As of the end of fiscal year 2009/10 the School's governmental fund reported ending fund
balance of $1,597,418. The fund balance unreserved and available for spending at the School's
discretion is $1,566,940. These funds will be available for the School's future ongoing
operations. The fund balance increased by $537,103 from the prior year because of higher than
anticipated state revenues including FTE and capital outlay in conjunction with lower than
projected operating costs.
-
-
-
-
-
Budgetary Highlights
-
In order to address the Florida Class Size Mandate Legislation, funding was included in the
2008/09 budget to provide for constructing ten (10) new classrooms at an estimated cost of
$2,099,000. The classrooms were completed in time for the 2009/10 school year. The 10 new
classrooms allow the addition of 72 new students with 32 added in 2009/10 and 40 being added
in 2010/11.
-
--
-
-
-
Capital Assets and Debt Administration
-
As of June 30, 2010, the School had an investment in capital assets of $2,198,781. This
amount is net of accumulated depreciation of $457,436. This amount represents an increase of
$33,608 or 1.6%.
-
-
-
The School has no outstanding debt.
-
-
-
.-
-
-
-
-
6
-
,r
....
....
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
"'"
"'"
-
Management's Discussion and Analysis (Unaudited)
Year Ended June 30, 2010
-
-
Economic Factors
Facts, decisions or conditions that are expected to have a significant effect on the financial
position or results of operations of the School in fiscal year 2010/11 include the following:
The 2010/11 school year represents the eighth year of operations of the School. Our past has
shown that we can continue to operate the School at a high level and provide quality education
for our students, within the school-based revenues and without outside subsidies. We have
also been fortunate to have a strong business community and involved parents that participate
in fund raising activities for School improvements.
-
-
-
-
-
-
-
This past year marks the second year in a row that the State of Florida responded to the
economic recession by reducing the amount of funding available for the School. As was
previously reported, based on reductions imposed by the State Legislature to balance the State
budget, the Charter School Fund lost $21,000 during the 2009/10 fiscal year. The amount lost
was offset by reducing the school's budgeted contingency account. The revenues for next year
have been estimated on the conservative side and continue to anticipate the funding reduction
based on actions taken by the State Legislature.
-
-
-
-
-
-
In order to respond to the anticipated revenues for the upcoming school year without impacting
the "classroom" and current educational programs the following plan of action was utilized in the
preparation of the 2010/11 budget:
. The transfer to the General fund of $30,000 to offset services provided by the Finance
Department to the School will be deferred this year.
. Charter School USA agreed to freeze their fee at last year's rate which resulted in a
cost savings of $25,000.
. Revenue in the amount of $100,000 from the City's Intersection Safety Camera
Program is included to assist in funding the contingency line item in the budget.
. Teacher salary increases will reflect a step increase based on years of service
reflective of the Miami-Dade School Board pay plan and provides that returning
teachers will be rewarded with a service award based on years of service. Based on
previous year's increases and the service award program, our teachers' salaries will
again exceed those of the Miami-Dade School Board.
. Downsized Special Project Coordinator position to part-time.
-
-
-
-
-
-
-
-
-
-
-
With the use of the additional classrooms constructed last year, class sizes will be reduced in
grades fourth through eighth and 40 additional students will be admitted in the upcoming school
year. The budget contains the following changes to address the class size revisions, the growth
of the School sports program and expansion of technology in the classrooms:
. Four (4) new teacher positions and two (2) sixth period salary supplements were
added.
. Math Mentor position was upgraded to Math Specialist.
. Two (2) additional basketball intramural teams were included and competitive boys
and girls soccer were added to the School's athletic offerings.
. Funds have been budgeted to complete the installation of smart boards in all
classrooms.
-
-
-
-
-
-
-
-
-
-
7
-
-
r"'-
,-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
Management's Discussion and Analysis (Unaudited)
Year Ended June 30, 2010
-
-
-
In addition, a receptionist position for the front desk was added to accommodate larger student
population and has not been increased since the School opened with 600 students. A major
impact on the budget is attributed to an estimated 15% increase in employee health insurance
costs. The budget continues to include revenue in the amount of $125,000 from the Clear
Channel agreement for proceeds from the billboard advertising to assist in funding school
programs.
-
-
-
-
The overall budget increased by 3.8% or $277,829 largely due to addition of 40 new students
with 8 students being added per grade in grades fourth through eighth. The budget includes
funding for lease payments to the City for use of the School facilities.
-
-
-
Reauests for Information
-
-
This financial report is designed to provide a general overview of the Aventura City of
Excellence School's finances for all those with an interest. If you should have any questions
pertaining to the information presented in this report or would like additional information, please
contact the Finance Director at the City of Aventura, 19200 W. Country Club Drive, Aventura,
Florida 33180.
-
-
-
-
-
.-
-
-
-
-
-
-
-
-
-
-
-
-.
-
-
-
-
-
-
8
-.
--
-
-
-
-
.-
.-
-.
-
.-
-
-
.-
-.
-
SPECIAL PURPOSE FINANCIAL STATEMENTS
-
-
.-
--
-
-
-.
.-
-
-
-
.-
-.
-
.-
-
-
.-
.-
-
-
.-
-
.-
.-
.-
-
_.
-
-
-
-
-
-
-
-
-
$ 2,107,189 -
45,349 -
30,478 -
2,183,016
-
-
2,656,217 -
(457,436) -
2,198,781
-
4,381,797 -
-
-
65,071 -
475,178 -
-
17,833 -
558,082
-
-
2,198,781 -
1,624,934 -
$ 3,823,715
-
-
-
-
-
-
-
-
-
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
Statement of Net Assets
June 30, 2010
Assets
Current assets:
Pooled cash and cash equivalents
Accounts receivable
Prepayments
Total current assets
Noncurrent assets:
Capital assets, depreciable
Less: accumulated depreciation
Total noncurrent assets
Total assets
Liabilities
Current liabilities:
Accounts payable
Accrued expenses
Noncurrent liabilities:
Compensated absences
Total liabilities
Net assets:
Invested in capital assets
Unrestricted
Total net assets
See Notes to Special Purpose Financial Statements.
9
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
-
,-
Statement of Activities
Year Ended June 30,2010
-
.-
-
Net
Program Revenues Revenue
Operating Capital (Expense) and
Charges for Grants and Grants and Change in Net
Functions/Programs Expenses Services Contributions Contributions Assets
Governmental activities:
Instruction $ 4,158,956 $ 130,159 $ $ $ (4,028,797)
Instructional media services 58,595 (58,595)
Operation of facility 1,544,215 360,859 515,405 96,600 (571,351)
School administration 935,083 (935,083)
Pupil transportation services 183,600 122,289 (61,311)
Community services 138.148 154,239 16,091
Total governmental activities $ 7,018,597 $ 645,257 $ 637,694 $ 96,600 $ (5,639,046)
-
-
-
-
-
-
-
-
-
-
-
General revenues:
FTE nonspecific revenues
Investment earnings
Miscellaneous income
Transfers from other funds of the City
Total general revenues and transfers
$ 5,985,618
12,808
51,537
199,664
6,249,627
-
-
-
-
-
Change in net assets
610,581
-
Net assets:
Net assets, beginning
Net assets, ending
3.213,134
$ 3,823,715
-
-
-
See Notes to Special Purpose Financial Statements.
-
-
-
-
-
-
-
-
-
-
10
-
-
-
-
-
-
-
-
-
-
--
-
-
-
-
-
--
FUND FINANCIAL STATEMENTS
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
Balance Sheet - Governmental Fund
June 30, 2010
Assets
-
-
-
-
-
-
-
-
_.
-
-
Pooled cash and cash equivalents
Accounts receivable
Prepaid items
Total assets
Liabilities and Fund Balance
Liabilities:
Accounts payable
Accrued expenses
Deferred revenue
Total liabilities
Fund balance
Reserved for prepaid items
Unreserved
Total fund balance
Total liabilities and fund balance
Reconciliation of the governmental fund balance sheet to the
statement of net assets:
Governmental fund balance
Amounts reported for governmental activities in the statement of
net assets are different because:
Capital assets used in governmental activities are not financial
resources and therefore are not reported in the governmental
funds.
Cost of capital assets is
Accumulated depreciation is
Some deferred revenues have met the earned criteria for
recognition in the Statement of Activities
Long-term liability which is not due and payable in the current
period and, therefore, is not reported in the governmental funds.
Compensated absences
Net assets of governmental activities
See Notes to Special Purpose Financial Statements.
11
$ 2,656,217
(457,436)
$ 2,107,189
45,349
30,478
$ 2,183,016
-
-
-
-
$ 65,071
475,178
45,349
585,598
30,478
1,566,940
1,597,418
$ 2,183,016
-
-
-
-
-
-
-
-
-
$ 1,597,418
-
-
-
-
-
-
-
2,198,781
-
-
45,349
-
-
-
(17,833)
$ 3,823,715
-
-
-
-
-
-
-
-
.-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
Statement of Revenues, Expenditures and
Change in Fund Balance - Governmental Fund
Year Ended June 30,2010
-
-
.-
-
-
-
Revenues:
Federal sources
State sources
Local sources
Total revenues
Expenditures:
Current
Instruction
Instructional media services
Operation of facility
School administration
Pupil transportation services
Community services
Capital Outlay
Total expenditures
Excess of revenues over
expenditures
Other Financing Sources:
Transfers from other funds of the City
Total other financing sources
Net change in fund balance
Fund balance, beginning
Fund balance, ending
Net increase in fund balance - governmental fund
Amounts reported for governmental activities in the statement
of activities are different because:
Governmental funds report capital outlays as expenditures;
in the statement of activities these costs are allocated over
their estimated useful lives as provision for depreciation.
Cost of capital assets purchased
Provision for depreciation
Deferred revenue that meet the revenue recognition criteria in
the Statement of Activities, but not the fund statements.
Some revenues and expenses reported in the statement of
activities are not reported in the funds because they have
no effect on current financial resources
Compensated absences
Change in net assets on the statement of activities
See Notes to Special Purpose Financial Statements.
.-
-
-
-
-
-
.-
.......
-
.-
-
-
-
-
-
-
.-
-
-
-
.-
-
-
-
.-
.-
-,
-
-
12
$ 165,596
(131,988)
$ 71,405
6,603,158
709,602
7,384,165
3,823,877
61,114
1,508,972
933,257
183,600
138,148
397,758
7,046,726
337,439
199,664
199,664
537,103
1,060,315
$ 1,597.418
$ 537,103
33,608
45,349
(5,479) (5,479)
$ 610,581
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
-
Notes to Special Purpose Financial Statements
-
-
Note 1. Organization and Operations
Nature of operations: Aventura City of Excellence School (the "School"), is a special revenue
fund of the City of Aventura, Florida (the "City"). The School commenced operations in August
2003 in the City and offers classes for kindergarten through eighth grades with an enrollment of
932 for the year ended June 30,2010. The School is funded from public funds based on
enrollment and can also be eligible for grants in accordance with State and Federal guidelines,
including food service and capital outlay. The School can accept private donations and the City
can incur debt for the operation of the School.
-
-
-
-
-
-
-
Note 2. Summary of Significant Accounting Policies
A summary of the School's significant accounting policies is as follows:
-
-
-
ReportinQ entity: The School operates under a charter granted by the sponsoring school
district, the Miami-Dade County Public School District (the "District"). The current charter is
effective until June 20, 2018. In 2005, the School amended the charter to include grades six
through eight. At the end of the term of the charter, the District may choose not to renew the
charter under grounds specified in the charter in which case the District is required to notify
the School in writing at least 90 days prior to the charter's expiration. During the term of the
charter, the District may also terminate the charter for good cause as defined.
-
-
-
-
-
The School is owned and operated by the City, is part of the City's government and is not a
separate legal entity or otherwise organized apart from the City. The City was incorporated
in November 1995. The City operates under a Commission-Manager form of government.
In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the
School is required to prepare special purpose financial statements. Section 10.855(4) states
that the special purpose financial statements should present the charter school's financial
position including the charter school's current and capital assets and current and long-term
liabilities, and net assets; and the changes in financial position. The financial statements
contained herein present only the operations of the School and do not purport to, and do not,
present the financial position and changes in financial position of the City. Only capital
assets acquired with FTE funding are reported. The facility used by the School is owned by
the City and the capital assets and related debt for the facilities are not included in this
special purpose report.
-
-
-
.-
-
-
-
-
-
-
Basis of presentation: Based on the guidance provided in the American Institute of Certified
Public Accountants Audit and Accounting Guide - Audits for States and Local Governments
and provisions of Florida Statutes, the School is presented as a governmental organization
for financial statement reporting purposes.
-
-
.-.'
-
Government-wide financial statements: The School's special purpose financial statements
include both government-wide (reporting the School as a whole) and fund financial
statements. Both the government-wide and fund financial statements categorize primary
activities as either governmental or business-type. All of the School's activities are classified
as governmental activities.
-
-
-
-
-
13
-
-
"*"'.....
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
,-
-
Notes to Special Purpose Financial Statements
-
-
-
Note 2. Summary of Significant Accounting Policies (Continued)
In the government-wide statement of net assets, the governmental activities column is
reported on a full accrual, economic resource basis. which recognizes all current and
noncurrent assets and all current and noncurrent liabilities. The School's net assets are
reported in three (3) categories: invested in capital assets; restricted net assets; and
unrestricted net assets.
-
-
-
The government-wide statement of activities reports both the gross and net cost of each of
the School's functions. The net costs, by function, are supported by general revenues. The
statement of activities reduces gross expenses by related program revenues. Program
revenues must be directly associated with the function. Operating grants include operating-
specific and discretionary (either operating or capital) grants while the capital grants column
reflects capital-specific grants.
.-
-
.~
-
Fund financial statements: The School's accounts are organized on the basis of funds. The
operations of the fund is accounted for with a separate set of self-balancing accounts that
comprise its assets, liabilities, equity, revenues and expenditures.
-
-
The Charter School Special Revenue Fund is a governmental fund type and is used to
account for all of the School's financial transactions.
-
Measurement focus and basis of accountino: Basis of accounting refers to the point at
which revenues or expenditures/expenses are recognized in the accounts and reported in
the special purpose financial statements. It relates to the timing of the measurements made
regardless of the measurement focus applied. Governmental funds use the current financial
resources measurement focus and the government-wide statement uses the economic
resources measurement focus.
-
-
-
-
Governmental activity in the government-wide financial statements is presented on the
accrual basis of accounting. Revenues are recognized when earned and expenses are
recognized when a liability is incurred.
-
-
The governmental fund financial statements are presented on the modified accrual basis of
accounting under which revenue is recognized in the accounting period in which it becomes
susceptible to accrual (Le., when it becomes both measurable and available). Revenues
susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant
funds, operating grants and contributions and investment earnings. Intergovernmental
revenues are recognized when all eligibility requirements have been met, if available.
"Measurable" means the amount of the transaction can be determined and "available"
means collectible within the current period or soon enough thereafter to be used to pay
liabilities of the current period. For this purpose, the School considers revenues to be
available if they are collected within two (2) months of the end of the current fiscal year.
Expenditures generally are recorded when a liability is incurred. However, expenditures
related to compensated absences are recorded only when paid from expendable available
financial resources.
.-'
.-
-
-
14
......
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
-
Notes to Special Purpose Financial Statements
-
-
Note 2. Summary of Significant Accounting Policies (Continued)
When both restricted and unrestricted resources are available for use, it is the School's
policy to use restricted resources first, then unrestricted resources as they are needed.
-
-
-
Capital assets: Capital assets purchased or acquired with an original cost of $5,000 or more
are capitalized at historical cost or estimated historical cost and are reported in the
government-wide financial statement. Donated capital assets are valued at the estimated
fair market value as of the date received. Additions, improvements and other capital outlays
that significantly extend the useful life of an asset are capitalized and depreciated over the
remaining useful lives of the related capital assets. Other costs incurred for repairs and
maintenance are expensed as incurred.
-
-
-
-
-
-
Capital assets, which include equipment acquired with state shared revenues are reported in
the government-wide financial statements.
-
-
Depreciation on equipment is provided on the straight-line basis over the respective
estimated useful lives ranging from 3 to 5 years.
-
-
Within governmental funds, amounts incurred for the acquisition of capital assets are
reported as fund expenditures. Depreciation expense is not reported within the
governmental fund financial statements.
-
-
-
Unearned/deferred revenue: Resources that do not meet revenue recognition requirements
(not earned) are recorded as unearned revenue in the government-wide and the fund
financial statements. In addition, amounts related to governmental fund receivables that are
measurable, but not available (not received within 60 days from fiscal year end), are
recorded as deferred revenue in the governmental fund financial statements.
-
-
-
-
EQuitv classifications:
_.
-
Government-wide financial statements
-
Equity is classified as net assets and displayed in three (3) components:
-
-
a. Invested in capital assets, net of related debt - consists of capital assets net of
accumulated depreciation and reduced by the outstanding balances of any bonds or
other borrowings that are attributable to the acquisition, construction or improvement of
those assets.
-
-
-
b. Restricted net assets - consists of net assets with constraints placed on their use
either by: 1) external groups such as creditors, grantors, contributors or laws or
regulations of other governments, or 2) law through constitutional provisions or
enabling legislation. There are no restricted net assets.
-
-
-
-
c. Unrestricted net assets - all other net assets that do not meet the definition of
"restricted" or "invested in capital assets, net of related debt."
-
-
15
-
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
Notes to Special Purpose Financial Statements
-
-
-
Note 2. Summary of Significant Accounting Policies (Continued)
Fund financial statements
-
.-
-
In the fund financial statements, governmental funds report reservations of fund balance for
amounts that are not available for appropriation or are legally restricted by outside parties for
use for a specific purpose. Designations of fund balance represent tentative management
plans that are subject to change.
-
-
-
Encumbrances: Encumbrances represent commitments relating to unperformed contracts
for goods or services. At June 30,2010, there were no encumbrances outstanding.
-
-
Deposits and investments: The School's cash and cash equivalents are maintained by the
City in a pooled cash account for all funds. This enables the City to invest large amounts of
idle cash for short periods of time and to optimize earnings potential. Pooled cash and cash
equivalents represent the amount owned by the Charter School Special Revenue Fund. The
City is responsible for all risks related to the School's cash and cash equivalents. These
risks and the City's related policies are disclosed in the notes to the City's financial
statements.
Post-retirement benefits: The City of Aventura provides post-employment healthcare
coverage, including medical and dental benefits, to eligible individuals which consists of an
implicit subsidy. The estimated liability is recorded in the financial statements of the City.
No amount is allocated to the Charter School Special Revenue fund since the amount is
insignificant as of June 30, 2010.
Compensated absences: The School's sick leave policy is to permit employees to
accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out
between 10-50% based on length of service.
-
-
-
-
-
-
-
-
-
-
-
-
The School's vacation policy is that earned vacation is cumulative although limited to certain
maximums based on length of service.
-
-
-
Accumulated compensated absences are recorded as expenses in the government-wide
financial statements when earned. Expenditures for accumulated compensated absences
have been recorded in the governmental funds only in connection with terminated
employees.
-
-
-
State fundino (primary source of revenue): Student funding is provided by the State of
Florida through the School Board of Miami-Dade County, Florida. Such funding is recorded
as FTE nonspecific revenue. In accordance with the Charter Agreement, the School Board
retains 2% as an administrative fee. This funding is received on a pro rata basis over the
twelve-month period and is adjusted for changes in full-time equivalent student population.
After review and verification of Full-Time Equivalent ("FTE") reports and supporting
documentation, the Florida Department of Education may adjust subsequent fiscal period
allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent
the statewide allocation from exceeding the amount authorized by the State Legislature.
Normally, such adjustments are reported in the year the adjustments are made.
16
-
-
-
-
-
-
-
-
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
-
Notes to Special Purpose Financial Statements
-
-
Note 2. Summary of Significant Accounting Policies (Continued)
Use of estimates: The preparation of financial statements in conformity with accounting
principles generally accepted in the United States of America requires management to make
estimates and assumptions that affect certain reported amounts and disclosures.
Accordingly, actual results could differ from those estimates.
-
-
-
-
-
Note 3. Capital Assets
A summary of changes in governmental capital assets is as follows:
-
-
-
Leasehold improvements
Equipment
Less: accumulated depreciation
Balance
July 1,
2009
$ 2,039,266
451,355
325,448
$ 2,165,173
Additions
$ 165,596
Deletions
$
-
$
Balance
June 30,
2010
$ 2,204,862
451,355
457,436
$ 2,198,781
-
-
-
131,988
$ 33,608
-
-
-
The provision for depreciation for the year ended June 30, 2010 amounted to $131,988. The
School allocated depreciation to instruction services.
-
-
Note 4. Commitments and Contingencies
The City has a contract with Charter Schools USA Inc. ("CSUSA") for administrative and
educational management services for the operations of the School. All staff of the School,
except the principal, assistant principal and custodian, are employees of CSUSA. The contract
expires in June 2013 and provides for a fee based on a percentage of certain revenues of the
School which is 6% for 2007 through 2013. Total fees paid to the management company for
fiscal year 2009/10 were approximately $326,000. All costs paid on behalf of the School are
reimbursed to CSUSA (i.e. teachers salaries, textbooks and insurance).
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
17
-
-
-
-
,........
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
Notes to Special Purpose Financial Statements
-
-
-
Note 4. Commitments and Contingencies (Continued)
The School's operations are located at a facility that is owned by the City. In September 2002,
the City entered into a bond indenture agreement with the Florida Intergovernmental Finance
Commission through an interlocal governmental agreement. As a result, the City issued
$12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the
construction of a charter school as well as the construction of a community center.
Approximately $6,651,100 of the bond issue is related to the land and construction of the School
facility. The School is leasing its premises from the City under an operating lease agreement,
which expired June 30, 2010, but was renewed for an additional year. The lease can renew
each additional year as long as the School operates pursuant to the Charter issued by the
School Board of Miami-Dade County. The rent amount is determined annually and is based on
the annual debt service on the obligation of the Series 2002 Revenue Bonds. Future minimum
payments required from the School by the City for the Series 2002 Revenue Bonds are as
follows:
-
-
-
-
-
.-
-
-
-
-
-
Year Ending
June 30,
2011 $ 443,300
2012 442,200
2013 443,400
2014 441,500
2015 441,800
Thereafter 7,286,800
$ 9,499,000
-
-
-
-
-
-
-
-
-
The School received financial assistance from federal and local governmental agencies in the
form of grants. The disbursement of funds received under these programs generally requires
compliance with terms and conditions specified in the grant agreements and may be subject to
audit by the grantor agencies. In accordance with OMB Circular A-133 Audits of States, Local
Governments and Non-Profit Organizations, the School is not required to conduct a "single
audit" since the required threshold of federal money is currently $500,000 and the School did
not exceed such threshold.
-
-
-
-
-
-
Note 5. Risk Management
The School is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors
and omissions and natural disasters for which the City carried commercial insurance.
Settlement amounts have not exceeded insurance coverage for the past three (3) years. In
addition, there were no reductions in insurance coverage from those in the prior year.
-
-
-
-
-
-
-
18
-
,-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
Notes to Special Purpose Financial Statements
-
-
-
Note 6. Defined Contribution Pension Plans
Plan Description
-
-
-
The City is a single-employer that contributes to four (4) defined contribution pension plans
based on employee classification created in accordance with Internal Revenue Code Section
401 (a). The employees of the School are eligible to participate in three (3) of the City's defined
contribution pension plans. The School has three (3) full-time employees who are eligible to
participate in these plans. Under these plans, the City contributes 15%, 14% or 7% of
employee salary for each of the three School employees. The City contributions for the
Principal vest in the year they are contributed. The City's contributions to the other employees
vest beginning after one (1) year of service through year five (5) in 20% increments.
Participants are not permitted to make contributions during the year. The City made plan
contributions for these three employees of approximately $20,000 during the year. Plan
provisions and contribution requirements may be amended by the City Commission.
-
-
-
-
-
-
-
-
The plans' assets are administered by ICMA Retirement Corp. The School does not exercise
any control or fiduciary responsibility over the plans' assets.
-
-
Note 7. Pronouncements Issued But Not Yet Effective
The GASB has issued several statements not yet implemented by the School. The statement
which might impact the School is as follows:
-
-
-
GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definition, was
issued March 2009. The objective of this Statement is to enhance the usefulness of fund
balance information by providing clearer fund balance classifications that can be more
consistently applied and by clarifying the existing governmental fund type definitions. This
Statement establishes fund balance classifications that comprise a hierarchy based primarily on
the extent to which a government is bound to observe constraints imposed upon the use of the
resources reported in governmental funds. The provisions of this Statement will be effective for
the School beginning with its year ending June 30, 2011.
.-
-
-
-
-
.-
The School's management has not yet determined the effect these unadopted standards may
have on the School's financial statements.
.-
-
-
-
-
-
-
19
-
.-...
-
-
-
-
.-
-
-
-
-
-
-
-
SUPPLEMENTARY INFORMATION
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Aventura City of Excellence School
- (A Special Revenue Fund of the City of Aventura, Florida)
- Budgetary Comparison Schedule - Budgetary Basis
Year Ended June 30,2010
-
- Actual Budget to
Amounts, GAAP Actual
- Original Final Budgetary Differences Amounts
- Budget Budget Basis Over (Under) GAAP Basis
Revenues and transfers:
- FTE nonspecific revenues $ 5,577,400 $ 5,615,400 $ 5,920,605 $ 65,013 $ 5,985,618
- Operating grants and
contributions 32,557 32,557 71,405 71,405
- Transportation funds 169,000 169,000 122,289 122,289
- Capital grant funds 460,000 460,000 495,251 495,251
Charges for services 281,100 281,100 364,812 364,812
- Investment earnings 15,000 15,000 12,808 12,808
- Field trip revenue 200,000 200,000 150,286 150,286
Miscellaneous income 215,000 315,000 181,696 181,696
- Transfers from other
- funds of the City 100,000 199,000 199,664 199,664
Total revenues 7,050,057 7,287,057 7,518,816 65,013 7,583,829
-
Expenditures:
- Salaries 3,586,064 3,586,064 3,636,970 3,636,970
- Stipends 51,320 51,320
Professional services 581,144 581,144 644,138 65,013 709,151
- Sick day buyout 12,600 12,600
- Bonuses 111,500 149,500 81,383 81,383
Social security taxes 273,708 273,708 275,740 275,740
- Pension expense 50,076 50,076 45,372 45,372
- Employee health
insurance 441,081 441,081 241,823 241,823
- Utilities 175,000 175,000 173,467 173,467
- Telephone 42,000 42,000 52,515 52,515
Insurance 39,000 39,000 41,943 41,943
- Supplies 302,177 302,177 245,008 245,008
- Textbooks 106,000 106,000 115,947 115,947
Repairs and maintenance . 277,500 277 ,500 263,078 263,078
- Workers' compensation
- insurance 44,760 44,760 53,938 53,938
Dues and fees 5,827 5,827 3,605 3,605
-
Field trips 210,000 210,000 176,475 176,475
- Travel 26,800 26,800 17,159 17,159
Food services 35,000 35,000 63,894 63,894
-
Advertising 4,000 4,000
- Administrative 7,500 7,500
- Lease expense 3,000 3,000 444,000 444,000
Transfers 444,000 444,000 444,000 (444,000)
- Capital outlay 227,500 426,500 397,758 397,758
- Total expenditures 7,050,057 7,287,057 6,981,713 65,013 7,046,726
Excess of revenue
- over expenditures $ $ $ 537.103 $ $ 537.103
-
-
20
-
-
Aventura City of Excellence School
(A Special Revenue Fund of the
City of Aventura, Florida)
-
-
Notes to Supplementary Information
-
-
-
Note A.
The School formally adopted a budget for the year ended June 30, 2010. Budgeted amounts may be amended by
resolution or ordinance by the City Commission. The budget has been prepared in accordance with accounting
principles generally accepted in the United States of America with the exception of the items described in Note B. A
comparison of the actual results of operations to the budgeted amounts for the General Fund is presented as
supplementary information.
-
-
-
-
-
Note B.
.-
-
The budget is adopted using the same basis of accounting on which the financial statements
are prepared except for a 2% administrative charge that is retained by the School Board of
Miami-Dade County. This amount is not reflected on the School's budget basis due to the lack
of availability of such funds. For fiscal year 2010 this amount was $65,013.
-
.-
-
For budgeting purposes, certain amounts are budgeted as transfers out to the City's General
Fund. For separate reporting of the Charter School Special Revenue Fund, these amounts are
reclassified as follows:
-
.-
-
Lease expense for School facility
$444,000
.-
-
-
.-
.-
-
.-
-
-
-
.-
-
-
-
-
-
-
-
-
-
21
-
-
~.
II McGladrey
-
-
-
-
-
Independent Auditor's Report
on Internal Control Over financial Reporting and on
Compliance and Other Matters Based on an Audit of
financial Statements Performed In Accordance With
Government Auditing Standards
-
-
-
-
-
To the Honorable Mayor, City Commissioners and City Manager
of the City of Aventura, Florida
Aventura City of Excellence School
Aventura, Florida
-
-
-
-
We have audited the special purpose financial statements of the Aventura City of Excellence
School (a special revenue fund of the City of Aventura, Florida) (the "School") as of and for the
year ended June 30, 2010, and have issued our report thereon dated August 26, 2010. We
conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States.
-
-
-
-
-
Internal Control Over Financial Reporting
-
In planning and performing our audit, we considered the School's internal control over financial
reporting as a basis for designing our auditing procedures for the purpose of expressing our
opinions on the special purpose financial statements, but not for the purpose of expressing an
opinion on the effectiveness of the School's internal control over financial reporting.
Accordingly, we do not express an opinion on the effectiveness of the School's internal control
over financial reporting.
-
-
-
-
-
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to
prevent, or detect and correct misstatements on a timely basis. A material weakness is a
deficiency, or combination of deficiencies, in internal control, such that there is a reasonable
possibility that a material misstatement of the entity's financial statements will not be prevented,
or detected and corrected on a timely basis.
-
-
-
-
-
Our consideration of the internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would not design to identify all deficiencies in
internal control over financial reporting that might be deficiencies, significant deficiencies or
material weaknesses. We did not identify any deficiencies in internal control over financial
reporting that we consider to be material weaknesses, as defined above.
-
-
-
-
-
-
-
-
McGladrey Is the brand under which RSM McGladrey, Inc. and McGladrey & Pullen, LLP serve clients' business needs.
The two firms operating as separate legal entities In an alternative practice structure.
Member of RSM International network, a network of
Independent accounting, tax and consulting firms
-
22
-
-
-
-
Compliance and Other Matters
-
As part of obtaining reasonable assurance about whether the School's special purpose financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts, and grant agreements, noncompliance with which
could have a direct and material effect on the determination of special purpose financial
statement amounts. However, providing an opinion on compliance with those provisions was
not an objective of our audit and, accordingly, we do not express such an opinion. The results
of our tests disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
--
-
-
-
-
-
-
This report is intended solely for the information and use of the School's management, the City
Commission, the Auditor General of the State of Florida and the School Board of Miami-Dade
County and is not intended to be and should not be used by anyone other than those specified
parties.
-
-
-
4r~./ /~/ L~?
.-
-
-
Fort Lauderdale, Florida
August 26, 2010
-
~
--
--
--
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
23
-
-
--
II McGladrey
-
-
-
-
-
Management Letter Required by Chapter 10.850 Rules of
the Auditor General of the State of Florida
-
-
To the Honorable Mayor, City Commissioners and City Manager of
the City of Aventura, Florida
Aventura City of Excellence School
Aventura, Florida
-
-
-
We have audited the accompanying special purpose financial statements of the Aventura City of
Excellence School (the "School"), a special revenue fund of the City of Aventura, Florida, as of
and for the fiscal year ended June 30, 2010 and have issued our report thereon dated
August 26, 2010.
-
-
-
-
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and Government Auditing Standards, issued by the Comptroller General of
the United States.
.-
-
-
We have issued our Independent Auditor's Report on Internal Control Over Financial Reporting
and Compliance and Other Matters dated August 26,2010. Disclosures in that report, if any,
should be considered in conjunction with this management letter.
-
-
Additionally, our audit was conducted in accordance with the provisions of Chapter 10.850,
Rules of the Auditor General, which govern the conduct of charter school audits performed in
the State of Florida and require that certain items be addressed in this letter. Those items,
which are listed in Section 10.854, are as follows:
.....
-
-
-
1.
A statement as to whether corrective actions have been taken to address significant
findings and recommendations made in the preceding annual financial audit report, not
otherwise addressed in the auditors' report pursuant to Rule 10.856(2)(b)2.
_.
-
-
There were no findings or recommendations in the preceding annual financial audit
report.
-
-
2.
A statement as to whether the charter school has met one or more of the conditions
described in Section 218.503 (1) Florida Statutes, and identification of the specific
condition.
-
..."
-
The charter school has not met one or more of the conditions described in Section
218.503 (1), Florida Statutes.
-
-
3.
Any recommendations to improve the School's financial management.
-
There were no recommendations to the School to improve its financial management.
-
-
-
-
McGladrey is the brand under which RSM McGladrey. Inc. and McGladrey & Pullen,LLP serve clients' business needs.
The two firms operating as separate legal entitle. In an alternative practice structure.
Member of RSM International network, a network of
Independent accounting, tax and consulting firms
-
24
-
-
-
-
4. Violations of provisions of contracts or grant agreements, or abuse that have occurred, or
are likely to have occurred, that have an effect on the financial statements that is less than
material but more than inconsequential.
-
-
-
No such conditions were noted during the audit.
-..
5. Matters that are inconsequential to the determination of financial statement amounts
considering both quantitative and qualitative factors, including the following:
,~
-
a. Violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse.
b. Deficiencies in internal control that are not significant deficiencies.
-
-
-
No such conditions were noted during the audit.
-
6. The name or official title of the School.
-
-
The .name and title are disclosed in the accompanying financial statements.
-
7. We applied financial condition assessment procedures pursuant to Rule 10.855(10) and
we noted no deteriorating financial conditions.
-
-
-
This report is intended solely for the information and use of the School's management, the City
Commission and the Auditor General of the State of Florida and is not intended to be and
should not be used by anyone other than these specified parties.
-
-
-
-
&~./ /~/ L~?
-
-
-
Fort Lauderdale, Florida
August 26, 2010
-
-
-
-
-
-
-
-
-
_.
-
-
-
-
25
-
ESTABLISHEO 2003
McGlddrey & Pullen, LLP
Certified PublIC Anollntanh
II
-
-
100 N.E. Third Avenue, Suite 300
Fort Lauderdale, FL 33301
954.462.6300 F 954.462.4607
www.mcgladrey.com
ladrey
Aventura City of Excellence School
(A Special Revenue Fund of the City of Aventura, Florida)
Report to the Governing Board
June 30,2010
\'11 \ 1 i..., dh"V 1\ tht" hr~lnd unoif:'r which RSM M(()!;1drp'j, In!,. .lod MC(ll..du'}' &, Pull~.fl, kll.' ,>rlw' (If"nt~' bU<,Il}i'''', IWi'd<..
lh!, ~W\,\ f1tm~ op,'?r;){{' a-s. s'{Ipar<lt'"' l.,-.gi.ll ftntitte-<>-m an alternatlv;:- pr~l(ti(C HfUctUfl?
'",,10mbf'-1 of H~M IntNn;lti0I1,11 n.:-twfifk,'1 llpl";'<tnk lit
md('ppnd-elll ,1((;)unfinQ, t.l\ ,loci conwlrlHG Ilnn~
McGladrey & Pullen. LLP
Cprtrhed Public Anountant'5
II
.......
-
100 N.E. Third Avenue, Suite 300
Fort Lauderdale, FL 33301
954.462.6300 F 954.462.4607
www.mcgladrey.com
I a d rev
To the Honorable Mayor, City Commissioners and City Manager
of the City of Aventura, Florida
Aventura School of Excellence School
Aventura, Florida
We are pleased to present this report related to our audit of the special purpose financial statements of
the Aventura City of Excellence School (the "School") as of and for the year ended June 30, 2010. This
report summarizes certain matters required by professional standards to be communicated to you in your
oversight responsibility for the School's financial reporting process. Also included is a summary of
recently issued accounting standards that may affect future financial reporting by the School.
This report is intended solely for the information and use of the Mayor and Members of the City
Commission, the City Manager and management and is not intended to be and should not be used by
anyone other than these specified parties. It will be our pleasure to respond to any questions you have
regarding this report. We appreciate the opportunity to continue to be of service to the School and the
City of Aventura.
/I(~ / /~/ L~?
August 26, 2010
Fort Lauderdale, Florida
\hGl.ddre\-' l~ th-e hfC!.nd undm WhlLh RSM M(GIJdn~y, Irlt... clod M(GIJdrey & Pulle-n, llP '!.N1/0 dll?nl',.' bU~1nI!~~, need'..
fI'f' t...,o "rm~ opt'r,1t.\' .,..-, "('par.l-H' h,.gal ('nUtie'i jn.lfi ilJtNnative practicf' stftl(turf'.
Mt~mbd of RSM lnlerndhorldl neh.....mk ~l rwtv,orh IA
indC'fh'-ndt""nl .,(counting. t.ax ilnd ({)O.,uhin~j flm"'"
Table of Contents
Required Communications
Summary of Accounting Estimates
Recently Issued Accounting Standards
Exhibit A - Certain Written Communications Between Management and Our Firm
Representation Letter and Summary of Audit Adjustments
1-2
3
4
Required Communications
Statement on Auditing Standards No. 114 requires the auditor to communicate certain matters to keep
those charged with governance adequately informed about matters related to the financial statement
audit that are, in our professional judgment, significant and relevant to the responsibilities of those
charged with governance in overseeing the financial reporting process. The following summarizes these
communications.
Area
Auditor's Responsibility Under
Professional Standards
Comments
Our responsibility under auditing standards generally
accepted in the United States of America and
Government Auditing Standards issued by the
Comptroller General of the United States has been
described to you in our arrangement letter dated
August 24, 2009.
Adoption of, or Change in, Accounting Policies
Management has the ultimate responsibility for the
appropriateness of the accounting policies used by the
School. The School did not adopt any significant new
accounting policies nor have there been any changes
in existing significant accounting policies during the
current period.
Significant or Unusual Transactions
We did not identify any significant or unusual
transactions or significant accounting policies in
controversial or emerging areas for which there is a
lack of authoritative guidance or consensus.
Alternative Treatments Discussed with
Management
We did not discuss with management any alternative
treatments within generally accepted accounting
principles for accounting policies and practices related
to material items during the current audit period.
Summary information about the process used by
management in formulating particularly sensitive
accounting estimates and about our conclusions
regarding the reasonableness of those estimates is in
the attached "Summary of Accounting Estimates".
Accounting Practices
Management's Judgments and
Accounting Estimates
Financial Statement Disclosures
We did not identify any items relating to neutrality,
consistency and clarity of the disclosures in the
financial statements which we deemed are required to
be discussed with the School's management.
Audit adjustments recorded by the School are included
in Exhibit A. Items labeled CJE are client journal
entries provided by management to us during the
audit.
Passed audit adjustments are proposed audit
adjustments that have been deemed to be
quantitatively and qualitatively not material to the
financial statements and therefore were not recorded
and are attached with the representation letter
included with Exhibit A.
Audit Adjustments
Passed Audit Adjustments
Page 1
Disagreements with Management
Consultations with Other Accountants
Significant Issues Discussed with
Management
Difficulties Encountered in Performing the
Audit
Letter Communicating Significant
Deficiencies and Material Weaknesses
Certain Written Communications Between
Management and Our Firm
We encountered no disagreements with management
over the application of significant accounting
principles, the basis for management's judgments on
any significant matters, the scope of the audit, or
significant disclosures to be included in the financial
statements.
We are not aware of any consultations management
had with other accountants about accounting or
auditing matters.
No significant issues arising from the audit were
discussed or were the subject of correspondence with
management.
We did not encounter any difficulties in dealing with
management during the audit.
There were no significant deficiencies and material
weaknesses identified during our audit of the financial
statements, and this communication is included within
the compliance section of the School's financial report
for the year ended June 30, 2010.
Copies of certain written communications between our
firm and the management of the School are attached
as Exhibit A.
Page 2
Aventura City of Excellence School
Summary of Accounting Estimates
Year Ended June 30, 2010
Accounting estimates are an integral part of the preparation of financial statements and are based upon
management's current judgment. The process used by management encompasses their knowledge and
experience about past and current events and certain assumptions about future events. You may wish to
monitor throughout the year the process used to compute and record these accounting estimates. The
following describes the significant accounting estimates reflected in the School's special-purpose financial
statements:
Area
Depreciation of
capital assets.
Accounting Policy
Depreciation on
equipment is provided
on the straight-line
basis over the
respective estimated
useful lives ranging
from 3 to 5 years.
Estimation Process
Management has
informed us they used
all the relevant facts
available to them at the
time to make the best
judgments about the
depreciation method
and estimated useful
lives of capital assets.
Comments
We have audited the
underlying data supporting
the estimate and reviewed
management's
methodology which
appears properly and
consistently applied and
have deemed the resulting
estimate to be reasonable.
Page 3
Recently Issued Accounting Standards
The GASB has issued several statements not yet implemented by the School. The School's
management determined that these statements will not have a material effect on the School's financial
statements. The Statements which might impact the School are as follows:
GASB Statement No. 54, Accounting
for Fund Balance Reporting and
Governmental Fund Type Definitions
This Statement, issued March 2009, will be effective for the
School beginning with its year ending 2011. The objective of
this Statement is to enhance the usefulness of fund balance
information by providing clearer fund balance classifications
that can be more consistently applied and by clarifying the
existing governmental fund type definitions. This Statement
establishes fund balance classifications that comprise a
hierarchy based primarily on the extent to which a
government is bound to observe constraints imposed upon
the use of the resources reported in governmental funds.
Page 4
E1l.h\b\t />. _ certa\l\ Wrlttel\ con"l\Ul\\Cat\Ol\S Betweel\ tAal\agetl\el\t
and our f\r\1l
-
~
,-
....
-
-
-
-
.-
Exhibit A
Aventura City of Excellence School
June 30, 2010
Summary of Audit Adjustments
Note: All adjustments were recorded in the financial
statements
CJE #1
CURRENT AND ACCRUED L1AB /
DEFERRED REVENUES $45,349.00
CAPITAL OUTLAY $ 45,349.00
The amount noted was not recei\ted within 60
days of the close of the fiscal year. Therefore,
the amount is unavailable, and should be
deferred.
CJE #2
CASH IN BANK / GENERAL OPERATING
INTEREST ON INVESlMENTS
To record in\testment earnings as of 6/30/10.
CJE #3
INSURANCE / GENERAL INS
COMPUTER EQUIPMENT <5000
INSURANCE / GENERAL INS
OTHER SUPPORT PERSONNEL
OTI-JER
HEALTH, LIFE & DISABILl1Y
LIABILITIES / ACCOUNTS PAYABLE
To accrue for Charter School USA im.oices
AJE #1
PAYROLL LIABILITIES / OTHER
ADMINISTRATORS
To adjust Payroll for an additional three days
for the City employees.
$ 7,157.00
$
7,157.00
$ 67.00
$ 194.00
$ 2,888.00
$ 1,478.00
$ 641.00
$ 180.00
$
5,448.00
$
3,706.00
$ 3,706.00
Eric M. Soroka
City Manager
Julie Aim
Principal
AVENTURA CITY OF EXCELLENCE SCHOOL
3333 N.E. 188th Street · Ave ntura, Florida 33180
(305) 466-1499 · Fax; (305) 466-1339
August 26, 2010
McGtadrey & Pullen, LLP.
100 N.E 3rd Avenue, Suite #300
Ft. Lauderdale, FL 33301
In connection with your audit of the special purpose financial statements of the
governmental activities and the major fund of the Aventura City of Excellence School
(a special revenue fund of the City of Aventura, Florida) (the "School") as of and for
the year ended June 30, 2010, we confirm that we are responsible for the fair
presentation in the financial statements of the financial position, the changes in
financial position of the School, in conformity with accounting principles generally
accepted in the United States of America.
We confirm to the best of our knowledge and belief, as of August 26, 2010 the
following representations made to you during your audit.
1. The special purpose financial statements referred to above are fairly presented in
conformity with accounting principles generally accepted in the United States of
America.
2. The School is owned and operated by the City of Aventura, Florida (the .City"), is
part of the City's government and is not a separate legal entity or otherwise
organized apart from the City. The special purpose financial statements present
only the operations of the School and do not purport to, and do not, present the
financial position and changes in financial position of the City.
There are no organizations that are a part of this reporting entity or with which we
have a relationship, as these organizations are defined in Section 2100 of the
Governmental Accounting Standards Board's Codification of Governmental
Accounting and Financial Reporting Standards that are:
a. Component units.
b. Other organizations for which the nature and significance of their relationship
with the City are such that exclusion would cause the reporting entity's special
purpose financial statements to be misleading or incomplete.
c. Jointly governed organizations in which we participated.
3. We have identified for you all of our funds and governmental functions.
4. We have properly classified all funds and activities.
5. We have properly determined and reported the major governmental fund based
on the required quantitative criteria.
www.aventuracharter.org
A Service of the City of Aventura
6. We are responsible for compliance with laws and regulations applicable to the School
including adopting, approving and amending budgets.
7. We have identified and disclosed to you all laws and regulations that have a direct and
material effect on the determination of financial statement amounts including legal and
contractual provisions for reporting specific activities in separate funds.
8. We have made available to you:
a. All financial records and related data of all funds and activities, including those of all
special funds, programs, departments, projects, activities, etc., in existence at any
time during the period covered by your audit.
b. All minutes of the meetings of the governing board and committees of board
members or summaries of actions of recent meetings for which minutes have not yet
been prepared.
c. All communications from grantors, lenders, other funding sources or regulatory
agencies concerning noncompliance with:
(1) Statutory, regulatory or contractual provisions or requirements.
(2) Financial reporting practices that could have a material effect on the special
purpose financial statements.
9. We have no knowledge of fraud or suspected fraud affecting the School involving:
a. Management or employees who have significant roles in the internal control.
b. Others where the fraud could have a material effect on the special purpose financial
statements.
10. We acknowledge our responsibility for the design and implementation of programs and
controls to provide reasonable assurance that fraud is prevented and detected.
11. We have no knowledge of any allegations of fraud or suspected fraud affecting the
School received in communications from employees, former employees, regulators,
vendors, or others.
12. We are aware of no significant deficiencies, including material weaknesses, in the design
or operation of internal controls that could adversely affect the entity's ability to record,
process, summarize and report financial data.
13. There have been no communications from regulatory agencies concerning
noncompliance with, or deficiencies in, financial reporting practices.
14. We have no plans or intentions that may materially affect the carrying value or
classification of assets and liabilities.
15. The following have been properly recorded and/or disclosed in the special purpose
financial statements:
a. Related party transactions, including those with component units for which the City is
accountable, as defined in Section 2100 of the Governmental Accounting Standards
Board's Codification of Governmental Accounting and Financial Reporting
Standards, and interfund transactions, including interfund accounts and advances
receivable and payable, sale and purchase transactions, interfund transfers, long-
term loans, leasing arrangements and guarantees, all of which have been recorded
in accordance with the economic substance of the transaction and appropriately
classified and reported.
,-
b. All leases and material amounts of rental obligations under long-term leases.
c. Material concentrations known to management which are required to be disclosed in
accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain
Significant Risks and Uncertainties. Concentrations refer to volumes of business,
revenues, available sources of supply, or markets for which events could occur which
would significantly disrupt normal finances within the next year.
The School's primary source of revenue is provided by the State of Florida through
the School Board of Miami-Dade County, Florida. Such funding is recorded as FTE
nonspecific revenue and represents 75% of the School's revenue.
d. Risk financing activities.
e. All cash is pooled with the City and the City is responsible for deposits and
investment risks.
f. The School has determined that the following GASB statements which have been
issued but are not effective yet have no material effect on the special purpose
financial statements and thus, disclosure is not deemed necessary:
GASB Statement No. 51, "Accounting and Financial Reporting for Intangible
Assets, "
GASB Statement No. 53, "Accounting and Financial Reporting for Derivative
Instruments, "
-
16. We are responsible for making the accounting estimates included in the special purpose
financial statements. Those estimates reflect our judgment based on our knowledge and
experience about past and current events and our assumptions about conditions we
expect to exist and courses of action we expect to take. In that regard, adequate
provisions have been made.
a. To reduce receivables to their estimated net collectable amounts.
No provision is required in regards to the following:
a. To reduce obsolete, damaged, or excess inventories to their estimated net realizable
values.
b. To reduce investments, intangibles and other assets which have permanently
declined in value to their realizable values.
c. For risk retention, including uninsured losses or loss retentions (deductibles)
attributable to events occurring through June 30, 2010 and/or for expected
retroactive insurance premium adjustments applicable to periods through June 30,
2010.
d. For pension obligations, post-retirement benefits other than pensions and deferred
compensation agreements attributable to employee services rendered through June
30,2010.
17. There are no:
a. Material transactions that have not been properly recorded in the accounting records
underlying the special purpose financial statements.
b. Violations or possible violations of laws or regulations whose effects should be
considered for disclosure in the special purpose financial statements or as a basis for
recording a loss contingency. In that regard, we specifically represent that we have
not been designated as, or alleged to be, a "potentially responsible party" by the
Federal Environmental Protection Agency or any equivalent state agencies in
connection with any environmental contamination.
c. Other material liabilities or gain or loss contingencies that are required to be accrued
or disclosed by Statement of Financial Accounting Standards No. 5 and lor GASB
Statement NO.1 O.
d. Agreements to repurchase assets previously sold.
e. Liabilities which are subordinated in any way to any other actual or possible liabilities.
f. Special and extraordinary items.
g. Material losses to be sustained in the fulfillment of, or from the inability to fulfill, any
service commitments.
h. Material losses to be sustained as a result of purchase commitments.
i. Environmental clean up obligations.
j. Closure and post-closure care costs associated with operation of a municipal solid
waste landfill.
k. Derivative financial instruments.
I. Authorized but unissued bonds andlor notes.
m. Conduit debt obligations.
n. Guarantees, whether written or oral, under which the City is contingently liable.
o. Debt issue repurchase options or agreements, or sinking fund debt repurchase
ordinance requirements.
p. Liabilities which are subordinated in any way to any other actual or possible liabilities.
q. Arbitrage rebate liabilities.
r. Significant estimates known to management which are required to be disclosed in
accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain
Significant Risks and Uncertainties. Significant estimates are estimates at the
balance sheet date which could change materially within the next year.
s. Liens or encumbrances on assets or revenues or any assets or revenues which were
pledged as collateral for any liability or which were subordinated in any way.
18. There are no unasserted claims or assessments that our attorneys have advised us are
probable of assertion and must be disclosed in accordance with Statement of Financial
Accounting Standards NO.5 andlor GASB Statement No. 10.
19. We have no direct or indirect, legal or moral, obligation for any debt of any organization,
public or private that is not disclosed in the financial statement.
20. We have satisfactory title to all owned assets.
21. We have complied with all aspects of contractual agreements that would have a material
effect on the special purpose financial statements in the event of noncompliance.
22. Net asset components (invested in capital assets, net of related debt; restricted; and
unrestricted) and fund balance reserves and designations are properly classified and, if
applicable, approved.
23. Expenses have been appropriately classified in or allocated to functions and programs in
the statement of activities, and allocations have been made on a reasonable basis.
24. Revenues are appropriately classified in the statement of activities within program
revenues and general revenues.
25. Capital assets, including infrastructure assets, are properly capitalized, reported, and
depreciated.
26. Required supplementary information is properly measured and presented.
27. We are responsible for and have reviewed and approved the proposed adjustments to
the trial balances identified during the audit and will post all adjustments accordingly.
We have reviewed, approved, and are responsible for overseeing the preparation and
completion of the special purpose financial statements and related notes.
28. The School has complied with the provisions of Section 218.415, Florida Statutes
regarding the investment of public funds.
29. The School is not in a state of emergency based upon the conditions described in
Section 218.503(1), Florida Statutes.
30. In connection with your audit, conducted in accordance with Government Auditing
Standards, we confirm:
a. We are responsible for:
i. Compliance with the laws, regulations and provisions of contracts and grant
agreements applicable to the School.
ii. Establishing and maintaining effective internal control over financial reporting.
b. We have identified and disclosed to you all laws, regulations and provisions of
contracts and grant agreements that have a direct and material effect on the
determinations of financial statement amounts or other financial data significant to
audit objectives.
c. There are no violations (and possible violations), to the best of our knowledge, of
laws, regulations and provisions of contracts and grant agreements whose effects
should be considered for disclosure in the auditor repository or noncompliance.
d. We are not aware of any violations of provisions of contracts or grant agreements.
e. There has not been any fraud, illegal acts, and violations of provisions of contracts or
grant agreements, or abuse that has been reported.
31. We believe that the effects of the passed audit adjustments for insurance expenditures
included in the attachment are immaterial, both individually and in the aggregate to the
financial statements taken as a whole. For purposes of this representation, we consider
items to be material, regardless of their size, if they involve the misstatement or omission
of accounting information that, in light of surrounding circumstances, makes it probable
that the judgment of a reasonable person relying on the information would be changed or
influenced by the omission or misstatement.
.-
No events or transactions have occurred subsequent to the financial statement date and through
the date of this letter that would require adjustment to, or disclosure in, the special purpose
financial statements.
During the course of your audit, you may have accumulated records containing data which
should be reflected in our books and records. All such data have been so reflected.
Accordingly, copies of such records in your possession are no longer needed by us.
Aventura City of Excellence School
~.
Eric M. Soroka, I A-CM
City Manager, . y of Aventura
~. /L. ~
Brian K. Raducci
Finance Director, City of Aventura
ATTACHMENT A - PASSED AUDIT ADJUS1MENTS
PAJE #1
NET ASSETS
ACCOUNTS PAYABLE
To accrue for insurance expenditure related
to FY 2009.
PAJE #2
ACCOUNTS PAYABLE
INSURANCE / GENERAL INS
To re'verse effect of insurance expenditure
related to FY 2009 recorded in FY 2010.
$ 6,909.00
$ 6,909.00
$ 6,909.00
$ 6,909.00
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City M
DATE: August 25,2010
SUBJECT: Recommendation to Accept Aventura City of Excellence School Out-
Of-Field Waivers
September 7,2010 City Commission Meeting Agenda Item j. F
RECOMMENDATION
It is recommended that the City Commission acting in its capacity as the Governing
Board of the Aventura City of Excellence School accept the out-of-field waivers list as
outlined in this memorandum.
BACKGROUND
The Miami-Dade County School Board requires the Governing Board of each charter
school to accept a list of teachers considered out-of-field. Teachers working on
additional certification or endorsements for subjects that they are teaching are
considered out-of-field until requirements are met. All teachers hold current
certification. The additional certification or endorsements are extra credentials. This is
a typical practice as teachers expand their professional development.
Below are listings of instructional staff members who are working toward additional
certification the following subject areas:
Enalish Speakers of Other Lanauaaes (ESOL) Endorsement - This is an add-on to
a current certificate to be able to teach English language learners. The following
teachers are involved in a five course sequence, allowing six years for completion:
Mariela Aloupis, Jodi Campbell-Ingellis, Loredana Chiodi, Angel Clark, Christina
DiGeronimo, Lauren Grabois Mandi Eizenbaum, Christine Hevia, Laura Laird, Bradley
Solyan, Carly Walker.
Mathematics 5-9- Sergio Delgado-Ibanez
Memo to City Commission
Page 2
Gifted Endorsement - This is an add-on to a current certificate to be able to teach
students who are identified as gifted learners. The teachers involved are involved in a
five course sequence allowing five years for completion:
Danielle Moran and Loredana Chiodi
Should you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01699-10
CITY OF A VENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /',
BY: rian K. Raducci, Finance Director
DATE: September 2, 2010
SUBJECT: Refinance of the Series 1999 Revenue Bonds
September 7,2010 City Commission Meeting Agenda Item 5 G
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which sets
forth the ranking of firms to refinance the Series 1999 Revenue Bonds.
BACKGROUND
At the May 20, 2010 Workshop, the City Manager made a presentation and
recommendation to the City Commission, and was authorized to take the necessary
action to refinance the Series 1999 Revenue Bonds so long as the Net Present Value
(NPV) savings as a percentage of the refunded bonds would be at a level of 4% or more
and the financing instrument/method resulted in the lowest cost to the City. The original
Revenue Bonds have a final maturity ("full term") of April 1 , 2029.
On July 25, 2010 the City issued an Invitation to Bid (lTB #10-08-23-2) to obtain
proposals for the purpose of selecting a firm to provide a not-to-exceed $16,500,000
Bank-Qualified Loan (evidenced by a single bond) to finance the cost of refunding the
City's portion of the outstanding Florida Municipal Loan Council Revenue Bonds, Series
1999. The City advertised the availability of the ITB in the Miami Herald on July 25,
2010. In addition, a solicitation package was made available from
www.demandstar.com and emailed to various banks on July 26, 2010. This Loan will
be secured by a Covenant to Budget and Appropriate from legally available Non-Ad-
Valorem revenues. The Ordinance authorizing the issuance of debt will be addressed
in a separate agenda item on this evening's agenda.
1
On August 23, 2010 five (5) firms submitted proposals to the City and one (1) firm
responded with an alternative financing option which was considered a "non-conforming
bid" since this option was not requested in the ITB. The results and analysis of the
submitted proposals are as follows:
Bank of America/Merrill Lvnch
Fixed Interest Rate of 3.37% for the duration of the loan and subject to a prepayment
penalty if paid prior to maturity.
BB&T
. Option 1 Fixed Interest Rate of 3.72% for the remaining duration of the loan
. Option 2 Fixed Interest Rate of 3.08% with a Put Option at year 15
. Option 3 Fixed Interest Rate of 2.70% with a Put Option at year 10
All options are subject to a prepayment penalty if paid prior to maturity.
TO
Fixed Interest Rate of 3.38% but the bank shall have the option to call the Loan on the
10lh anniversary of the loan closing date and Put the Loan back to the City and subject
to a prepayment penalty if paid prior to maturity.
Chase
Fixed Interest Rate of 2.99% but the Bond will be callable at par on or after April 1,
2025. The Bond may be prepaid in whole or in part, without premium or penalty, on or
after April 1 , 2025; Prepayment prior to April 1 , 2025 subject to "make whole" language.
SunTrust
. Option 1 Fixed Interest Rate of 3.57% but shall be based on a fully amortizing loan
due 15 years from closing
. Option 2 Fixed Interest Rate of 3.36% but shall be based on a fully amortizing loan
due 15 years from closing, however the bank shall have the right to Put the Loan
back to the City; 10 years from closing.
Both options provide for prepayment at anytime.
Ravmond James
Non-Conforming Bid
Upon receipt of the proposals they were forwarded to Craig Dunlap, our Financial
Advisor of Dunlap & Associates, Inc. for his review and analysis. In his letter dated
September 2, 2010 ("ATTACHMENT A") he explains that only two (2) of the five (5) bids
quoted a fixed rate for the full term with a final maturity of April 1, 2029 (Bank of
America/Merrill Lynch and BB&T). This was an essential component requested in the
ITB and as a result he has made the following recommendation:
2
"Based upon the terms and conditions included in the Invitation to Bid
distributed July 26, 2010, we are recommending that the bid be awarded
to Bank of America/Merrill Lynch. The indicative interest rate bid, based
upon a 2011-2029 amortization period, is 3.37 percent; however, the final
rate will not be set until final approval by the City Commission. Based
upon this indicative rate, the present value savings is approximately
$1.865M which represents an 11.46% of refunded par. The average
annual debt service savings is approximately $130,000 per year.
It is our recommendation that the bid received from Bank of
America/Merrill Lynch be awarded. Closing is scheduled for October 5,
2010."
In a separate letter dated September 2,2010 ("ATTACHMENT B") as prepared by our
Financial Advisor, Craig Dunlap explains the difference between the terms "advance
refunding" (more than 90 days) and "current refunding" (less than 90 days). The type of
refunding instrument that the City pursues will depend on the amount of time between
the closing on the bank loan and Redemption of the Series 1999 Revenue Bonds in
conjunction with the Florida Municipal Loan Council's ("FMLC") timetable to refund the
remaining loans. Regardless of the type of refunding instrument utilized and whether or
not the FMLC is successful in refinancing all, part or none of the remaining loans, the
City stands to experience a substantial savings (currently projected at $1.865M or
11.46% of refunded par) with an average annual savings of approximately $130,000 per
year. The final rate will not be set final approval by the City Commission.
Based on the foregoing, the Administration is recommending that the City Commission
approve the attached resolution establishing a ranking of firms to refinance the Series
1999 Revenue Bonds.
Adoption of this resolution will authorize the City Manager or his designee to negotiate a
contract with Bank of America/Merrill Lynch to refinance the Series 1999 Revenue
Bonds. In the event, that a satisfactory contract with that firm is unable to be attained,
the City Manager or his Designee is authorized to negotiate a contract with the alternate
firms.
At the September 22, 2010 Commission meeting, the Commission will be asked to
adopt a Resolution which authorizes the execution of a Bank Qualified Loan Agreement
with the bank that best meets the City's needs as outlined in the ITB.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
3
ATTACHMENT A
Dunlap & Associates, Inc.
Financial Consultants
Memorandum
From:
September 2, 2010
~~~:n~~~~~~ci ~
Mr. Craig Dunl (Ilitt: ~
Dunlap & AssOCI es:rn f
City of Aventu Rorida
$16,500,000 Revenue Refunding Bonds, Series 2010
Competitive Bids
Date:
To:
Subject:
On August 23, 2010, the City of Aventura, Florida received five competitive bids for the $16.5 million
Revenue Refunding Bonds, Series 2010. Two of the five bids quoted a fixed rate for the full term. This
financing is a refunding of the City's Florida Municipal Loan Council Revenue Bonds, Series 1999. A
summary of the terms, conditions and interest rates are found on the attached sheet.
Based upon the terms and conditions included in the Invitation to Bid distributed July 26,2010. we are
recommending that the bid be awarded to Bank of America/Merrill Lynch. The indicative interest rate
bid, based upon a 2011-2029 amortization period, is 3.37 percent; however, the final rate will not be set
until final approval by the City Commission. Based upon this indicative rate, the present value savings
is approximately $1.865M which represents an 11.46% of refunded par. The average annual debt
service savings is approximately $130,000 per year.
It is our recommendation that the bid received from Bank of America/Merrill Lynch be awarded.;
Closing is scheduled for October 5,2010.
We appreciate the opportunity to be of service to the City of Aventura, Florida.
JCD/sjm
Attachments
1146 Keyes Avenue Winter Park, Florida 32789
Telephone: 407.678.0977 Telecopy: 407.678.6240
ATTACHMENT B
Dunlap & Associates, Inc.
Financial Consultants
September 2, 2010
Mr. Brian Raducci
Finance Director
CITY OF AVENTURA
19200 West Country Club Drive
Aventura. FL 33180
Re: City of Aventura. Florida - Redemption of the FMLC, Series 1999 Loan
Dear Brian:
On August 23. 2010. the City received competitive bids for a "bank qualified loan" to refinance $16,280,000 of
outstanding Florida Municipal Loan Council (FMLC), Series 1999 Bonds of which the City of Aventura was a
participant.
The redemption language for such Series 1999 Bonds allows the FMLC to redeem these bonds "in whole, at any
time or in part on any interest payment date". The next available redemption date to redeem these bonds, in part,
is April 1, 2011. Assuming that the City closes this "bank qualified loan" in October, 2010, this refunding would
constitute an "advance refunding" since the call date is more than 90 days from the closing date of the loan.
The FMLC is also pursuing a refunding of the remaining loans in the Series 1999 bond issue and if they can
accomplish this in November. 2010, as their timetable contemplates, the Bonds can be called "in whole" on
January 1, 2011. In order to call the Series 1999 Bonds "in whole", all borrowers in the Series 1999 bond issue
must agree to refinance their loans. If this occurs, then the City of Aventura could redeem their FMLC. Series
1999 bonds simultaneously with the FMLC. If this occurs, then this refinancing is a "current refunding" since the
time between closing and redemption is less than 90 days.
The rate of interest that the City of Aventura received on its competitive "bank qualified loan" is lower than the
FMLC could achieve through a public offering of bonds. This is primarily due to the high credit ratings enjoyed by
the City as well as the reduced cost of Issuance associated with a bank loan.
The current savings on the refinancing, assuming an April 1, 2011 redemption date is approximately $1.865.668
or 11.46% of refunded par. These savings are based on the estimated rate of 3.37%; however, the final rate will
not be "locked in" until two days prior to closing of the "bank qualified loan".
Please let me know if you have any questions.
1146 Keyes Avenue Winter Park, Florida 32789
Telephone: 407.678.0977 Telecopy: 407.678.6240
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $16,500,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY
TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF
VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE
CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS
DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with its Charter and applicable
State law, has requested proposals for the purpose of selecting a firm to provide a not-
to-exceed $16,500,000 Bank-Qualified Loan (evidenced by a single bond) to finance
the cost of refunding the City's portion of the outstanding Florida Municipal Loan
Council Revenue Bonds, Series 1999 ($16,280,000 outstanding). This Loan will be
secured by a Covenant to Budget and Appropriate from legally available Non-Ad
Valorem revenues; and
WHEREAS, said proposals were evaluated by the City's Financial Advisor -
Dunlap & Associates, Inc.; and
WHEREAS, said Financial Advisor recommends the ranking of the five firms,
based on the following factors: ability to provide the type and quality of services
requested in the proposal; approved rate or rates of interest, as applicable; prior
experience servicing local governments; references and additional fees; and
WHEREAS, the City Commission desires to authorize the City Manger or his
Designee to negotiate rate or rates of interest and associated fees with the top ranked
Resolution No. 2010-
Page 2
firm and with the alternate firm(s), should negotiations with the top ranked firm be
unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The ranking of firms to refinance the City's portion of the outstanding
Florida Municipal Loan Council Revenue Bonds, Series 1999 are:
1) Bank of America/Merrill Lynch
2) BB& T
3) TO
4) Chase
5) SunTrust
Section 2. The firms have been rated on the basis of their ability to provide the
type and quality of services requested in the proposal; approved rate or rates of
interest, as applicable; prior experience servicing local governments; references and
additional fees.
Section 3. In the event the City is unable to come to favorable terms and fees
with the top ranked firm, the City Manager or his Designee is hereby authorized to
negotiate fees with the alternate firms.
Section 4. The City Manager or his Designee is hereby authorized and
requested to take all necessary and expedient action to carry out the aims of this
resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _' who moved its
adoption. The motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this ih day of September, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL S~CIENCY:
Hfn\~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
FROM: Teresa M. Soroka, MMC,
,.
TO: City Commission
DATE: September 1,2010
SUBJECT: November 2, 2010 Election Results
September 7, 2010 City Commission Meeting Agenda Item 5-H
Recommendation
It is recommended that the City Commission adopt the attached resolution concerning
the results of the election scheduled for November 2,2010.
Backaround
Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of
election results to the City Commission for adoption by resolution at the next meeting
following the election. The attached resolution submitted for your approval declares
that Mayor Susan Gottlieb, Commissioners Michael Stern, Billy Joel and Luz Urbaez
Weinberg were re-elected without opposition to the offices of Mayor, Commission Seat
2, Commission Seat 4 and Commission Seat 6 respectively.
Should you have any questions, please contact me.
Itms
attachment
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA CONCERNING THE CITY ELECTION OF
NOVEMBER 2, 2010, DECLARING QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO OFFICE OF MAYOR, COMMISSION SEAT
2, COMMISSION SEAT 4, AND COMMISSION SEAT 6 WITHOUT
NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS, AS
CERTIFIED BY THE CITY CLERK; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, since only one candidate has qualified to run for each of the offices of Mayor,
Commission Seat 2, Commission Seat 4 and Commission Seat 6, each of said candidates is
unopposed and is deemed elected by operation of law without further conduct of election process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA; THAT
Section 1. The above recital is hereby confirmed and incorporated herein.
Section 2. The following persons, each being unopposed as the sole qualifying candidate
for the respective offices indicated, are hereby declared to be elected to such office for a four-year
term commencing on November 5, 2010.
MAYOR
Susan Gottlieb
COMMISSION SEAT 2
Michael Stern
COMMISSION SEAT 4
Billy Joel
COMMISSION SEAT 6
Luz Urbaez Weinberg
Section 3. The results of the election process, as certified by the City Clerk, are hereby
adopted.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner _' who moved its adoption. The
motion was seconded by Commissioner _' and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 201 a-_
Page 2
PASSED AND ADOPTED this 7th day of September, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I-d~ ~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:--" Eric M. Soroka, ICMA-CM, City
DATE: September 1, 2010
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
Coral Gables Police Department
September 7,2010 City Commission Meeting Agenda Item 5- I
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Coral Gables Police
Department.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
~nd shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01700-10
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF CORAL GABLES FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Coral Gables for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption
and shall serve to ratify and confirm the earlier letter of extension.
The foregoing Resolution was offered by Commissioner _' who moved its
adoption. The motion was seconded by Commissioner _' and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 2
PASSED AND ADOPTED this ih day of September, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN
CITY OF AVENTURA, FLORIDA AND
THE CITY OF CORAL GABLES, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Aventura,
and the City of Coral Gables, Florida to ensure the public safety of their citizens by
providing adequate levels of police services to address any foreseeable routine or
emergency situation; and
WHEREAS, there is an existing and continuing possibility of the occurrence of
law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment, or facilities of
the City of Aventura Police Department or the City of Coral Gables Police Department;
and
WHEREAS, it is in the best interest and advantage of the City of Aventura and
the City of Coral Gables to receive and extend mutual aid to each other in the form of
law enforcement services and resources to adequately respond to:
a. Continuing, multi-jurisdiction law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
b. Intensive situations including, but not limited to, emergencies as defined
under Section 252.34, Florida Statutes; and
c, Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the City of Aventura and the City of Coral Gables have the authority
under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a
combined mutual aid agreement for law enforcement services, which:
1
a, Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines; and
b. Permits the provision of operational assistance to meet a request for
assistance due to a civil disturbance or other emergency as defined In
Section 252.34, Florida Statutes; and
NOW, THEREFORE, BE IT KNOWN, that the City of Aventura, a political
Subdivision of the State of Florida, and the City of Coral Gables, a political subdivision
of the State of Florida, in consideration for mutual promises to render valuable aid in
times of necessity, do hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions.
SECTION I:
PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into
this agreement whereby each of the agencies may provide voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines. The nature of
the law enforcement assistance to be rendered shall include, but not be limited to:
a. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Aventura and the City of Coral Gables for arrests,
made pursuant to the laws of arrest, for felonies and misdemeanors,
including arrestable traffic offenses, which spontaneously take place in the
presence of the arresting officer, at such times as the arresting officer is
traveling from place to place on official business outside of their
jurisdiction, for example, to or from court, or at any time when the officer is
within the territorial limits of his or her jurisdiction.
b. Concurrent law enforcement jurisdiction in and throughout the territorial
limits of the City of Aventura and the City of Coral Gables for arrests made
pursuant to the laws of arrest, of persons identified as a result of
investigations of any offense constituting a felony, or any act of Domestic
Violence as defined in Section 741.28, Florida Statutes, when such
offense occurred in the municipality employing the arresting officer.
2
c. Concurrent law enforcement jurisdiction in and upon the jurisdictional
waters of the City of Aventura and the City of Coral Gables for arrests,
made pursuant to he law of arrest, for felonies and misdemeanors and
boating infractions.
d. Participating in exigent situations, without the need for a formal request,
including, but not limited to, area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners, traffic stops near
municipal boundaries, requests for assistance when no available local
units are nearby, calls indicating a crime or incident has occurred in which
a citizen may likely be injured, and the assisting municipality is closer to
the area than the officer receiving the call.
e. Concurrent law enforcement jurisdiction in and throughout he territorial
limits of the City of Aventura and the City of Coral Gables for
investigations of homicides, sex offenses, robberies, assaults, batteries,
burglaries, larcenies, gambling, motor vehicle thefts, drug violations
pursuant to Chapter 893, Florida Statutes, and inter-agency task forces
and/or joint investigations.
f. Joint enforcement of all state laws and county ordinances and exercise of
arrest powers when a crime of violence or felony of any nature occurs in
the presence of any sworn law enforcement officer.
Prior to any officer taking enforcement action pursuant to paragraphs (a) through
(f) above, the officer shall notify the jurisdiction in which the action will be taken, unless
exigent circumstances prevent such prior notification, in which case notification shall be
made as soon after the action as practicable. If the agency having normal jurisdiction
responds to the scene the assisting agency's officer may turn the situation over to them
and offer any assistance requested includinq, but not limited to, a follow-up written
report documenting the event and the actions taken.
These provisions are not intended to grant general authority to conduct
investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is
3
intended to address critical, life-threatening or public safety situations, prevent bodily
injury to citizens, or secure apprehension of criminals whom the law enforcement officer
may encounter.
SECTION II:
PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render law enforcement
assistance to the other to include, but not necessarily be limited to dealing with, the
following:
a. Joint multi-jurisdictional criminal investigations.
b. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes, and strikes.
c. Any natural, technological or manmade disaster.
d. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
e. Terrorist activities including, but not limited to, acts of sabotage.
f. Escapes from, or disturbances within, prisoner processing facilities.
g. Hostage and barricaded subject situations, and aircraft piracy.
h. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-progress calls, pursuits, and missing person calls.
I. Enemy attack.
J. Transportation of evidence requiring security.
k. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
I. Security and escort duties for dignitaries.
4
m. Incidents requIring utilization of specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
n. Emergency situations in which one agency cannot perform its functional
objective.
o. Joint training in areas of mutual need.
p. Joint multi-jurisdictional marine interdiction operations.
q. Off-duty special events.
SECTION III: PROCEDURE FOR REQUESTING OPERATIONAL ASSISTANCE
a. Mutual aid requested or rendered will be approved by the Chief of Police,
or designee. The Chief of Police, or designee, of the agency whose assistance is
sought shall evaluate the situation and the agency's available resources, consult with
his/her supervisors, if necessary, and will respond in a manner he/she deems
appropriate.
b. The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority
may be granted either verbally or in writing as the particular situation dictates.
c. Specific reporting instructions for personnel rendering mutual aid will be
included in the request for mutual aid. In the absence of such reporting instructions,
personnel will report to the ranking on-duty supervisor on the scene.
d. Communications instructions will be included in each request for mutual
aid and each agency's communications centers will maintain radio contact with each
other until the mutual aid situation has ended.
e. Incidents requiring mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities will be handled per established procedures
of the requesting agency or Chief of Police involved.
5
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
a. COMMAND:
The personnel and equipment that are assigned by the assisting Chief of Police
shall be under the immediate command of a supervising officer designated by the
assisting Chief of Police. Such supervising officer shall be under the direct supervision
and command of the Chief of Police or his/her designee of the agency requesting
assistance.
b. CONFLICTS:
Whenever an officer is rendering assistance 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/her own employer. If any
such rule, regulation, personnel policy, general order or standing operating procedure is
contradicted, contravened or otherwise in conflict with a direct order of a superior officer
of the requesting agency, then such rule, regulation, policy, general order or procedure
shall control and shall supersede the direct order.
c. HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of
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 of
the requesting agency should ascertain at a minimum:
1. The identity of the complainant;
2. An address where the complaining party can be contacted;
3. The specific allegation; and
4. The identity of the employee's accused without regard as to agency
affiliation.
6
If it is determined during the investigation of a complaint that the accused is an
employee of the assisting agency, the above information, with all pertinent
documentation gathered during the receipt and processing of the complaint, shall be
forwarded without delay to the agency for administrative review. The requesting agency
may conduct a review of the complaint to determine if any factual basis for the
complaint exists and/or whether any of the employees of the requesting agency violated
any of their agency's policies or procedures.
SECTION V:
LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees to assume responsibility for the acts, omissions or conduct of such
party's own employees while engaged in rendering such aid pursuant to this agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the City of Aventura and the City of Coral Gables, when
actually engaging in mutual cooperation and assistance outside of their normal
jurisdictional limits but inside this State, under the terms of this agreement, shall,
pursuant to the provisions of Section 23.127(1), Fla. Stat. (as amended), have the same
powers, duties, rights, privileges and immunities as if the employee was performing
duties inside the employee's political subdivision in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources
and facilities and to render services to each other party to this agreement as set forth
above; provided, however, that no party shall be required to deplete unreasonably its
own personnel, equipment, resources, facilities, and services in furnishing such mutual
aid.
c. The political subdivision that furnishes equipment pursuant to this
agreement must bear the cost of loss or damage to that equipment and must pay any
expense incurred in the operation and maintenance of that equipment.
d. The political subdivision furnishing aid pursuant to this agreement shall
compensate its employees during the time of the rendering of aid and shall defray
(provide for the payment of) the actual travel and maintenance expenses of its
7
employees while they are rendering aid, including any amounts paid or due for
compensation for personal injury or death while its employees are rendering aid.
e. The privileges and immunities from liability, exemption from laws,
ordinances and rules, pension, insurance, relief, disability, workers' compensation,
salary, death, and other benefits that apply to the activity of an employee of an agency
when performing the employee's duties within the territorial limits of the employee's
agency apply to the employee to the same degree, manner, and extent while engaged
in the performance of the employee's duties extraterritorially under the provision of this
mutual aid agreement. This section applies to paid, volunteer, reserve and auxiliary
employees.
f. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction
to reimburse the assisting agency for any actual costs or expenses incurred by the
assisting agency performing hereunder.
SECTION VII:
FORFEITURES
It is recognized that during the course of the operation of this agreement,
property subject to forfeiture under Sections 932.701-932.707, Florida Statutes, known
as the "Florida Contraband Forfeiture Act," may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating agencies in
proportion to the amount of investigation and participation performed by each agency
pursuant of the provisions of the "Florida Contraband Forfeiture Act."
SECTION VIII:
INSURANCE
Each political subdivision shall provide, upon request, satisfactory proof of liability
insurance by one or more of the means specified in Section 768.28, Florida Statutes, in
an amount which is, in the judgment of the governing body of that political subdivision,
at least adequate to cover the risk to which that party may be exposed. Should the
insurance coverage, however provided, of any party be canceled or undergo material
change, that party shall notify all parties to this agreement of such change within ten
(10) days of receipt of the notice or actual knowledge of such change.
8
SECTION IX:
EFFECTIVE DATE
This agreement shall take effect upon full execution and approval by the
hereinafter named officials and shall continue in full force and effect for a term not to
exceed five years from the date of full execution by the hereinafter named officials.
Under no circumstances may this agreement be renewed, amended or extended except
in writing.
SECTION X:
CANCELLATION
Either party may cancel its participation in this Agreement upon sixty (60) days
written notice to the other political subdivision. Cancellation will be at the discretion of
any political subdivision to this mutual aid agreement.
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
PATRICK G. SALERNO
City Manager
City of Coral Gables
Date:
ERIC M. SOROKA
City Manager
City of Aventura
Date:
ATTEST:
ATTEST:
TERESA M. SOROKA
City Clerk
City of Aventura
WALTER FOEMAN
City Clerk
City of Coral Gables
9
APPROVED AS TO FORM AN D
LEGAL SUFFICIENCY:
ELIZABETH M. HERNANDEZ
City Attorney
/2:ltc~ a~
RICHARD J.M E, JR.
Interim Chi~ASf Police
City of Coral Gables
APPROVED AS TO INSURANCE
REQUIREMENTS:
~
MICHAEL SPARBER
Risk Management Administrator
City of Coral Gables
10
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
DAVID WOLPIN
City Attorney
~~
.---s EVEN STEINBERG
Chief of Police
City of Aventura
APPROVED AS TO INSURANCE
REQUIREMENTS:
BRIAN RADUCCI
Risk Management Director
City of Aventura
The City of Coral Gables
Office of the Police Chief
2801 SALZEDO STREET
CORAL GABLES, FLORIDA 33134
PHONE (305) 460-5418
FAX (305) 460-5499
,:"
August 27, 2010
~~
Chief S~Steinberg
A ventura Police Department
19200 W. Country Club Drive
A ventura, Florida 33180
Re: Combined Voluntary Cooperation and Operational Assistance Mutual
Aid Agreement between City of A ventura and City of Coral Gables
Dear Chief Steinberg:
Enclosed please find three original Mutual Aid Agreements for your review and
execution.
Once fully executed, please return to our office for execution by Coral Gables officials.
Your prompt attention to this matter is appreciated.
Sincerely,
t2~~
Richard ~ue, Jr.
Interim Chief of Police
RJN/mb
Enclosure
PO. Box 141549 CORAL GABLES, FLORIDA 33134-1549
mOm
----
POLICE EXECUTIVE
RESEARCH FORUM
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission ~'
BY: Brian K. Raducci, Finance Director
DATE: August 26, 2010
SUBJECT: Refinance of the Series 1999 Revenue Bonds
1st Reading September 7,2010 City Commission Meeting Agenda Item 7
2nd Reading September 22, 2010 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
Authorizing the issuance of not to exceed $16,500,000 in aggregate principal amount of
obligations of the City to Refinance the acquisition and construction of various capital
improvements and to pay costs and expenses of issuing such obligations.
BACKGROUND
At the May 20, 2010 Workshop, the City Manager made a presentation and
recommendation to the City Commission, and was authorized to take the necessary
action to refinance the Series 1999 Revenue Bonds so long as the Net Present Value
(NPV) savings as a percentage of the refunded bonds would be at a level of 4% or more
and the financing instrument/method resulted in the lowest cost to the City.
On July 25, 2010 the City issued an Invitation to Bid (ITB #10-08-23-2) to obtain
proposals for the purpose of selecting a firm to provide a not-to-exceed $16,500,000*
Bank-Qualified Loan (evidenced by a single bond) to finance the cost of refunding the
City's portion of the outstanding Florida Municipal Loan Council Revenue Bonds, Series
1999. The City advertised the availability of the ITB in the Miami Herald on July 25,
2010. In addition, a solicitation package was made available from
www.demandstar.com and emailed to various banks on July262010. This Loan will be
secured by a Covenant to Budget and Appropriate from legally available Non-Ad
Valorem revenues.
1
On August 23, 2010 five (5) firms submitted proposals to the City and one (1) firm
responded with an alternative financing option which was considered a "non-conforming
bid" since this option was not requested in the ITB. The results and analysis of the
submitted proposals will be addressed in a separate agenda item (via a Resolution) on
this evening's agenda
Section 4.03 (6) of the City Charter requires that an ordinance be adopted to "authorize
the borrowing of money." The ordinance satisfies this requirement and establishes the
maximum amount of the borrowing, a description of the project, the pledge to budget
and appropriate from Non-Ad Valorem revenues and the definition of key terms.
The attached ordinance was drafted by our Bond Counsel, Tom Giblin of Nabors, Giblin
and Nickerson and was reviewed by our City Attorney, our Financial Advisor (Craig
Dunlap of Dunlap & Associates, Inc.) and City staff.
Based on the foregoing, I recommend approval of the Ordinance. Upon your review, if
you should have any questions, please feel free to contact the City Manager.
2
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $16,500,000 IN AGGREGATE
PRINCIPAL AMOUNT OF OBLIGATIONS OF THE
CITY TO REFINANCE THE ACQUISITION AND
CONSTRUCTION OF VARIOUS CAPITAL
IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS;
PROVIDING FOR A COVENANT TO BUDGET AND
APPROPRIATE LEGALLY AVAILABLE NON-AD
VALOREM FUNDS EACH YEAR TO PAY THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY,
AND INTEREST ON THE OBLIGATIONS;
PROVIDING FOR THE RIGHTS OF THE HOLDERS
OF SUCH OBLIGATIONS; PROVIDING
SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA:
SECTION 1. DEFINITIONS. When used in this Ordinance, the following
terms shall have the following meanings, unless some other meaning is plainly intended:
"City" shall mean the City of Aventura, Florida, a municipal corporation
established by the State of Florida.
"Commission" shall mean the City Commission of the City of Aventura, Florida.
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source other than ad valorem taxation on real or personal property, which are legally
available to make the payments required in this Ordinance but only after provision has
been made by the City for the payment of all essential or legally mandated services.
"Obligations" shall mean the bonds, notes, certificates or other evidence of
indebtedness issued by the City pursuant to this Ordinance.
"Ordinance" shall mean this Ordinance enacted by the Commission, as amended
and supplemented from time to time.
Ordinance No. 2010-
Page 2
"Refunded Debt" shall mean the obligations of the City pursuant to a Loan .
Agreement, dated as of Apri11,1999, between the Florida Municipal Loan Council and
the City.
"Resolution" shall mean the resolution authorizing the issuance of all or a portion
of the Obligations and setting forth the terms and details of such Obligations as described
in Section 4.
Words importing the singular number include the plural number, and vice versa.
SECTION 2.
FINDINGS. The Commission finds and determines that:
(A) It is in the interests of the City to refinance the Refunded Debt in order to
achieve debt service savings.
(B) The most efficient and cost-effective method of refinancing the Refunded
Debt is by the issuance of the Obligations secured by Non-Ad Valorem Funds in the
manner set forth in Section 5 of this Ordinance and in the Resolution.
(C) The principal of, redemption premium, if any, and interest on the
Obligations shall be paid from Non-Ad Valorem Funds, unless otherwise paid by such
entity as shall provide credit enhancement, if any, on the Obligations and in such a case,
reimbursement of the credit enhancer shall be from Non-Ad Valorem Funds. The City
shall never use or be required to use any ad valorem taxes for the payment of the
Obligations. The Obligations shall not constitute a general obligation of the City or a
pledge of its faith and credit, nor shall the holders of the Obligations have any lien or
encumbrance on any property owned by the City, including the Project.
SECTION 3. AUTHORIZING THE REFINANCING OF THE
REFUNDED DEBT. The Commission authorizes and approves the refinancing of the
Refunded Debt.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations
are authorized to be issued at one or more times in an aggregate principal amount of not
exceeding $16,500,000. The particular designation of each Obligation shall be made in
the Resolution. The Obligations shall be issued for the principal purposes of (A)
refinancing the Refunded Debt, (B) establishing debt service reserves, if deemed
necessary by the Commission, and (C) paying costs and expenses of issuing the
Obligations. The principal of, redemption premium, if any, and interest on the
Obligations shall be payable solely from Non-Ad Valorem Funds, in the manner set forth
in Section 5 of this Ordinance and in the Resolution.
2
Ordinance No. 2010-
Page 3
The Obligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall mature at such time or times and in such amount or amounts as may be
determined in the Resolution, and may be redeemable before maturity, at the option of
the City, at such price or prices and under such terms and conditions as may be fixed in
the Resolution. The Commission shall determine in the Resolution the form of the
Obligations, the manner of executing such Obligations, and such other terms and
provisions of the Obligations as it deems appropriate. The Obligations may bear interest
at a fixed rate, as shall be determined in the Resolution. In case any officer whose
signature or a facsimile of whose signature shall appear on any Obligation shall cease to
be such officer before the delivery of such Obligation, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same as if he or she had
remained in office until such delivery. The Commission shall sell the Obligations in such
manner and for such price as it determines in the Resolution to be in the best interests of
the City.
The Obligations may be issued without any other proceedings or the happening of
any other conditions or things other than the adoption of the Resolution.
The proceeds of the Obligations shall be disbursed in such manner and under such
restrictions, if any, as may be provided in the Resolution.
The Resolution shall include, but without limitation, provisions as to the rights and
remedies of the holders of the Obligations, the application of funds, the flow of funds and
such other matters as are customarily in such an instrument. The Resolution may provide
for the City entering into one or more loan or other financing agreements with the
purchaser of the Obligations.
SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The
City may covenant and agree pursuant to a Resolution to appropriate in its annual budget,
by amendment, if necessary, from Non-Ad Valorem Funds lawfully available in each
fiscal year, amounts sufficient to pay the principal of, redemption premium, if any, and
interest on any Obligation when due each fiscal year or to reimburse any credit enhancer
which may have satisfied such payment. Such covenant and agreement on the part of the
City to budget and appropriate such amounts of Non-Ad Valorem Funds shall be
cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Funds
or other legally available funds in amounts sufficient to make all such required payments
shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing,
the City has not covenanted to maintain any services or programs, now provided or
maintained by the City, which generate Non-Ad Valorem Funds.
Such covenant to budget and appropriate shall not create any lien upon or pledge
of such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future
its Non-Ad Valorem Funds, nor shall it require the City to levy and collect any particular
3
Ordinance No. 2010-
Page 4
Non-Ad Valorem Funds, nor shall it give the holders of any Obligations or any credit
enhancer a prior claim on the Non-Ad Valorem Funds as opposed to claims of general
creditors of the City. Such covenant to appropriate Non-Ad Valorem Funds shall be
subject in all respects to the payment of obligations secured by a prior or future pledge of
such Non-Ad Valorem Funds (including the payment of debt service on bonds and other
debt instruments). However, the covenant to budget and appropriate in its annual budget
for the purposes and in the manner stated in this Ordinance and in the Resolution shall
have the effect of making Non-Ad Valorem Funds available for the payment of the
Obligations, and placing on the City a positive duty to appropriate and budget, by
amendment, if necessary, Non-Ad Valorem Funds sufficient to meet its obligations under
this Ordinance and the Resolution; subject, however, in all respects to the restrictions of
Section 166.241, Florida Statutes; and subject, further, to the payment of services and
programs which are for essential public purposes of the City or which are legally
mandated by applicable law.
SECTION 6. TAXING POWER NOT PLEDGED. The Obligations
issued under the provisions of this Ordinance shall not be deemed to constitute a pledge
of the faith and credit of the City, but the Obligations and repayment shall be payable
from the Non-Ad Valorem Funds in the manner provided in this Ordinance and the
Resolution. The issuance of the Obligations under the provisions of this Ordinance shall
not directly, indirectly or contingently obligate the City to levy or to pledge any form of
ad valorem taxation. The holder of the Obligations shall never have the right to compel
any exercise of the ad valorem taxing power on the part of the City to pay the Obligations
or the interest on the Obligations against any property of the City, nor shall the
Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the City.
SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The
holders of the Obligations, except to the extent the rights given to them pursuant to this
Ordinance may be restricted by the Resolution, may, whether at law or in equity, by suit,
action, mandamus or other proceeding, protect and enforce any and all rights under the
laws of the State of Florida or granted under this Ordinance or under the Resolution, and
may enforce and compel the performance of all duties required by this Ordinance or by
such Resolution, to be performed by the City.
SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be
deemed to provide an additional and alternative method for the doing of things authorized
hereby and shall be regarded as supplemental and additional to powers conferred by other
laws, and shall not be regarded as in derogation of any powers now existing or which
may hereafter come into existence. This Ordinance, being necessary for the welfare of
the inhabitants and/or property owners of the City, shall be liberally construed to effect
its purposes.
4
Ordinance No. 2010-
Page 5
SECTION 9. GENERAL AUTHORITY. The members of the
Commission of the City and the officers, attorneys and other agents or employees of the
City are authorized to do all acts and things required of them by this Ordinance, or
desirable or consistent with its requirements for the full punctual and complete
performance of all the terms, covenants and agreements contained in this Ordinance.
SECTION 10. SEVERABILITY. If any section, paragraph, clause or
provision of this Ordinance shall be held to be invalid for any reason, such invalidity
shall not effect the validity or enforcement of any of the remaining provisions. This
Ordinance shall take precedence over any other ordinance or resolution of the City to the
extent of any conflict or inconsistency with each.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its enactment on the second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 7th day of September, 2010.
5
Ordinance No. 2010-
Page 6
ATTEST:
PASSED AND ADOPTED on second reading this _ day of
,2010.
TERESA M. SOROKA, MMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENC~
f-iM I \,
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka,
City Manager
BY: Joanne Carr, AI P
Community Developm Director
DATE: June 24,2010
SUBJECT: Request to Extend Term of Chapter 163 Development Agreement
MGAL REPH I, II, III, LLC - Terzetto Development
NE 185 Street at NE 28 Court, City of Aventura
July 6, 2010 Local Planning Agency Agenda Item '-tk-I\
July 6, 2010 City Commission Meeting Agenda Item 1rr
September 7,2010 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the Development Agreement made pursuant to Chapter
163, Florida Statutes, between the owner and the City to extend the term for a 2.5 year
period from February 2, 2010 to August 2, 2012 with the inclusion of a new provision
requiring payment of the City's transportation mitigation impact fee enacted by
Ordinance No. 2008-08, amended by Ordinances Nos. 2009-04 and 2009-08, and
payable as specified in the ordinances for the two undeveloped parcels; and
2. Authorize the City Manager to execute such amendment to the Development
Agreement on behalf of the City.
THE REQUEST
The applicant, Philip Yon Kahle, the Receiver for the Merco Group, is requesting a 2.5
year extension of the term of a Development Agreement dated September 2, 2003
made between the City and Merco Group at Aventura Landings I, II and III, Inc. (See
Exhibit #1 for Letters of Intent)
BACKGROUND
OWNER OF PROPERTIES:
MGAL REPH I, II & III, LLC
Tract A 28-2203-000-0271 3.09 acres
Tract B 28-2203-000-0284 3.61 acres
Tract C 28-2203-000-0231 1.66 acres
NAME OF APPLICANT
Philip Von Kahle, Receiver
LOCATION OF PROPERTY
NE 28 Court at NE 185 Street
See Exhibit #2 for Location Map
HISTORY
In 2003, Merco Group at Aventura Landings received various development approvals
relating to the three tracts of land shown on Exhibit #3. Those approvals included
amendment to the comprehensive plan, rezoning, development agreement, variances
and administrative site plan approval.
The tracts are currently designated as Medium High Density Residential land use on
the City's Future Land Use Map in the Comprehensive Plan and are zoned RMF4,
Multifamily High Density Residential District.
As part of the rezoning ordinance in 2003, the City Commission approved a
Development Agreement under Chapter 163 of the Florida Statutes. A copy of the
agreement is attached as Exhibit #4. That agreement provided that the owner dedicate
land, design and build the extension of NE 185 Street as a necessary public facility and
in turn, the agreement conferred to the owner the benefit of preservation of zoning and
concurrency during the term of the agreement. The road extension was dedicated and
constructed as agreed and is now in use.
The approved development consists of a 62 unit townhome parcel south of NE 185
Street and west of NE 28 Court, a 205 unit 19-story condominium parcel north of NE
185 Street and west of NE 28 Court, and a 138 loft-style, 13-story apartment south of
NE 185 Street and east of NE 28 Court. The 62 unit town home parcel is nearing
completion. A foundation was built on the condominium parcel with no further
construction after that time. No construction has taken place on the loft parcel.
The property was placed in Receivership in October of 2008. A corporate entity, MGAL
REPH I, II and III, LLC, owned by the mortgagor, is now the title holder.
2
The applicant advises that due to the economic downturn and recent change in
ownership, there has been a delay in completion of the condominium and loft parcels,
that these parcels have been placed on the market for sale but there is no contract
purchaser at this time. The Receiver is requesting this extension to preserve the
development rights under the Agreement.
Paragraph 11 of the Development Agreement provides for a term of five (5) years, with
extension by mutual agreement in two 2.5 year increments, subject to public hearing
approval, provided that the road construction is complete. The current term of the
agreement expired on February 2, 2010. The road construction is complete. The
applicant is requesting a two and one half year extension from February 2, 2010 to
August 2, 2012. The applicant has the option to request one further 2.5 year extension
of the term.
Staff is recommending that the amended agreement contain a new provision that the
two undeveloped parcels be subject to the City's transportation mitigation impact fee.
This impact fee ordinance was enacted after the date of the Development Agreement.
The draft agreement extending the term to August 2, 2012, attached to the proposed
Ordinance, includes that provision.
3
Exhibit #1
01-DA-10
Felix M. Lasarte, Esq.
felix@lasartelaw.com
VIA ELECTRONIC MAIL
May 17,2010
RECEf!iED
J\1A'y 1 O. 'in
, "; 1 ,-flfO
COMMUNIty OEVE
LOPMENr
Mrs. Joanne Carr
Community Development Director
City of A ventura
19200 West Country Club Drive 4th Floor
A ventura, FL 33180
Re: Request to Extend Development Agreement between Mereo Group at
Aventura Landings I, II, and III, Inc. (hereinafter the "Mereo Group") and
the City of Aventura I Terzetto Project / Property located at 18400 NE 28
Street in Aventura, Florida.
Dear Mrs. Carr:
Our othce represents Philip Von Kahle, the Receiver for the Merco Group (the
"Receiver"), in connection with obtaining an extension to the development agreement
which was approved by the City of Aventura (the "City") for the above referenced
property (the "Property"). The Merco Group was the original party to the development
agreement with the City. However, due to the economic downturn the Property is
currently in receivership.
The current title holder to the Property is MGAL REPH I, II, III, LLC. The entity
is owned by Ocean Bank, the mortgagee under the mortgage on the Property from the
Merco Group. The bank has obtained a deed from the Merco Group and is currently in
the process of foreclosing on the mortgage in order to obtain clean title to the Property.
Upon concluding with these proceedings, the bank will begin to close on its existing sale
contracts and will remarket the remaining available inventory to the public.
The purpose of this letter is to request an extension of the development
agreement. We would also like to provide you with an update on the. development plans
for the property and the steps which have been undertaken by the owner to develop the
Property in accordance with the site plans which was approved for the Property.
Baekeround. In 2003, the MERCO Group obtained various development
approvals relating to the Property, including an amendment to the City's Comprehensive
Plan, a rezoning, an administrative site plan approval, and various variances which were
necessary for the development of the Property (the "Terzetto Project"). In connection
with these approvals, the MERCO Group proffered a Declaration of Restrictions on the
Property. This covenant required the Property to be developed in accordance with that
certain site plan entitled, "Terzetto Condominiums," "Terzetto Villas," and "Terzetto
Lofts III," prepared by Mouriz Salazar, signed and sealed September 17, 2004 (the "Site
Plan"). The site plan provides that the Property shall be developed with three (3) types of
residential units: condominiums, lofts, and villas.
On September 2, 2003 the City council adopted Ordinance No. 2003-10 which
approved a development agreement between the City and the MERCO Group for the
construction of this residential development (the "Agreement"). The Agreement
provided that it would remain in effect for 5 years with two (2) two and a half year
extensions. In addition, on September 2, 2008 the development agreement was
automatically extended pursuant to paragraph 1 I (a) for an additional 17 month period
based on the City's receipt of the No Further Action letter from the Miami-Dade County
Department of Environmental Resource Management (DERM). Thus, the original
expiration date of the Agreement was extended from September 2, 2008 to February 2,
2010.
Compliance with Develooment A2reement. Under the terms of the
Agreement, the developer was to provide extensive infrastructure improvements to the
area. Pursuant to Paragraph 4 of the Agreement, the owner was to dedicate the necessary
right-of-way and construct NE l85th Street in accordance with the plans approved by the
City. In addition, Paragraph 3 of the Agreement required the owner to "initiate and
diligently pursue all applications for development permits" necessary for the construction
of the Terzetto Project.
All infrastructure improvements required under the terms of the Agreement have
been complied with. The owner has dedicated, designed, and fully constructed NE l85th
Street in accordance with the plans approved by the City, Miami-Dade County (the
"County"), and the Florida Department of Transportation. Additionally, the Owner has
obtained permits for the Terzetto Project from DERM, Miami-Dade County Public
Works, Miami-Dade Water and Sewer Department, South Florida Water Management
District and the City of A ventura. The owner is currently in the process of finalizing the
open permits on the Property and anticipates on having a certificate of occupancy for the
villa units within the next 3 weeks.
Develooment Plan. The Property has been substantially developed with the
infrastructure improvements and villa units approved under the Agreement. The villa
units have been constructed and the Receiver is waiting for the County's Water and
Sewer department (W ASA) to convey the water lines to the City of North Miami Beach
in order to finalize their construction permits. The Receiver anticipates on having this
conveyance from W ASA and closing out the permits within the next 3 weeks. The
Receiver will then proceed to obtain a certificate of occupancy for the villas units and
begin to sell these units to the public.
The remaining undeveloped vacant tracts of land located on the Property contain
the proposed condominium and loft units. These vacant tracts of land have been placed
on the market for sale. At this time there is no contract purchaser for these vacant lots.
The Receiver does not currently intend to develop this portion ofthe Property and there is
no timeline for its completion. Of utmost importance to the Receiver at this time is the
sale of the villa units which have been built. The owner will be beginning to sell these
units in order to recoup some of the losses that the bank has suffered in acquiring the
property and financing its development.
Request for Extension. Due to the unanticipated economic downturn and
the recent change in ownership, there has been a delay in the time line for completion of
the development plans for the condo and loft units on the Property. The Receiver is
requesting an extension in order to preserve the development rights in the Property and
obtain additional time for the residential market to improve so they can proceed with
selling the recently constructed villa units.
As mentioned, the Agreement can be extended by the mutual consent of the
parties. Currently, two (2) 2.5 year extensions remain. The owners would like to
request an extension of 2.5 years pursuant to the terms of the Agreement. As
discussed above, the owner has satisfied all of its infrastructure and permitting
obligations under both Paragraphs 3 and 4 of the Agreement. Accordingly, the City
should approve the requested extension. The Agreement would now remain in effect
until August 2, 2012 with an additional option to extent the Agreement for an additional
2.5 years.
I have enclosed a copy of your original extension letter dated September 8, 2008
for your review. In addition, enclosed please find two checks in the amount of $2,500.00
and $10,000.00 made payable to the City which represents both the application and
advertising fees associated with this request.
On behalf of our firm, we look forward to working with your office to bring this
matter to a successful conclusion. In the interim, if you have any questions or concerns
regarding this matter please do not hesitate to contact our office.
Sincerely,
THE LASARTE LAW FIRM
Jtf!!!fl
',"'{ \.1-:'.....\'~: .... . -, " .' ."
ViA HA!\lD DEliVERY 11 FACSIMilE AT (305) 466~gzz
February 2, 2010
Ms. Joanne Carr, Director
Community Development Department
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: Request to Extend Development Agreement between Merco Group at
Aventura Landings t, II and Ill, Inc. and the City of Aventura
Dear Ms. Carr:
This letter shall constitute our request to extend the development
agreement by and between the City of Aventura and lV1erco Group at Aventura
Landings I, Inc., Merco Group at Aventura Landings II, Inc., and Merco Group at
Aventura Landings III, Inc., related to the Terzetto project currently in the Court
Appointed Receivership (Case No. 08-51250 CA 03), for an additional twelve and
half (12.5) years for a total of twenty (20) years as permitted in Section 1633229,
Florida Statutes.
A formal application and application fee is forthcoming. Should you
have any questions or concerns, please do not hesitate to phone me (954) 252-
1560
Sincerely,
.-~~~.
,;:,:::~..-
Philip van Kahle
Receiver
Enclosures
8 :.~ 87':,)./(.
c; ~,,'~L~~:::, 4(')'-7 t.' ~ -1 Gi, 2
'r2C;<-~'J:'lV: lie 9CI{:,28::' K(}26
1\ ~ - 'i
_..........., ,_., a&;Il._...... ~' r
· .IJ ..11 Gl ISI I!' m _ 61 III IE jj; lID 5" ... e I!IIIlIl!I B ....,
9 'rI.I' 'rQ,' ,.., Y'I" i"'l"'ll 'I'"i' If'T 'Id""ill" , ~
'}:,~'''Mm , I!{ACH:::~~~NA \ f (~~
~~) t0~~BOR b CIRCLE : I
~' (~; I \ L~~"'~; :. r
lJ r"ll~j "-- :,':d)
- \ Waterways II ~
WATEHWAYS BllLIl~ Sh"pp" 207 sr ,i('\)
/ =lJ
.. \
..
..
. (
: "-.....
· CnL
I. ./ / ~...'
~ .UJ
0:, . ".,,'j
llr~?
2 .Il!
II' ..
".,
"..,
.
.
.
..
.'
..
II
"
"
Subject Property 331 80 ;
,,' II.
._._._._._._._._._.~.~
185 ST 3/60 II
) II,
I " ,
Dtimfoul1dlLng 'r
Bay ...."
/"" ,,!X.;.
.. ~?
~,..':''''''''
BRO\VARD COUNTY
1901!ilJll!lllB1lE!!!llE61l!i1Bli'il!l!mIIIDn ,""
'11
,~
.11
'.
.11
'.
.~
DADE COUNTY
IVES DAIRY RD
AVENTURA o\......jD
Fire I D
Rescue Aventura
Station Library
Aventura Mall
192 ST
192.3T
191 ST
Loehmann's
FashIOn W
island ~
m
<"
/
-(
\
)
.j
188 ST
MIAMI
GARDENS DR.
Wtll,ams
LEGEND
--
o
>
-.J
CD
2
"l:
W
U
o
o
:>
-.J
CD
2
<t.
W
U
o
Roadways
.. m .. .. .. . City Boundary
-. -. - ZIP Code Boundar;
"-" - -. - - Railroad
EXHIBIT #2
01-DA-l0
\1f9b.
o Gl '
. 7' fC
\ \:; D
~l tJ1
Q"'l 0 't}
'"~~
'R",:'I
~QO
wto':Z
~OCJ
~~t1
~~f1
0' :;v- :1'
Of?)
~%~
~~
';P. 0
::i~
~tJ
~
~. /~----
- ~. ~
" -
,,,"" /"
. /'
/ ,.fU'.C1-o~
.ISCto"'tft'
C:O",..~.c.\p..I..
tp,ft 143, r-G.'38)
//--r;;i>
" '.' \' 1:t"'''''O
. . Aj, ~~~t~0
. 0 '~\ . t~\~~,
<D.g.-i, ' q.~"'~~
_ ;4> ~/ (W;) t~:~~
4~~i Y;~.'. \ ~~~ ;
~~I :. ~ '0;,~ ~ :
. _A~~~~I~~;' i" \ /
~ "c,'/ _...._-' r" I
~~,y s~~ \, /
~~, .:~,;;:~' ~~-f\~--~~>/
s" ~ M~ ,r- ,---i-
ff' ~CI':'I" ~~ ~ ." :::-
~ i ~,~t~ ~ ~
r> ~ ~~~
't ~ ~'",~,
8. \~:;.
<ng~
\ ~ ~~"t
~
g ~
,
"",,,..\~;.;:.\"'''') .
9"'",,,,,.. ,,,,,,,,,,,,1<D' \
~...~~~~~::::-~~---~
~ I
:;..... \", -;" \
\~~~1 :ti 1
;g;~~ -::."~ I
B' -< ~~l"', /
.....1 '11...-- ...~ /
!,~~~J.~ !:: "
~'i:'.:'6(l~ I
?; ~i~ 'i
iiC>~~' //
'-' -,~.-'/,/
1;
,.
~
~.
I
,
I
I
\
I
.
"",
~~
~ v~
- y!
~ 0
~
~ 1
'" 0
, - "
<(. ~ g 0
5 ~
~
,
<
\ l
s
,
I
i~ ~
f ~?j1
j t>1~ "....CT ..o~
/ :gqg .t~cA'(ttt.
/ r; 1 (:~..~..{.\Il.\.
/ ___/9 \"...1A.'), $"'G. JAI)
,/ ~lU\ll1'S1
/ / r)~.at>' ('" -~------_.
~
~~~
,"
~%
:i
-."
~~
"
o
~
"
~~
~~
~"
S~
'4,;;
1"~C'f ~c-
8,,.c:..'t..-E-
CO.....t:R<:I,t.1.
\"'.''\,.:)' f"{>, '38)
!
!
,,>>
~~
\~
C;;
i?, is II"
oZ ~~'"
OOf
~~i
S~~
'EO 1iA
aza
?o
,""
1:(j~.
C)f'1~
)>0
~s~
~ ~ F:4.
~~Q
i.-'
--
-<~ ~
~o \l!j-
.,., !!"
g'A 4
() ,
0::1
:~\Vi
fi;"'ta
z-<
-40
~~
?~.o!
;::=u~
~cPQ
~~
f":( ifJJ
o' ~
0;0 -
~~Q
~~
.,.,~
'ON
;Of"
o~
)>-\
.~
~~
, ~
~~
\J
OJ
: ~o
~."
~~ ~ g~~
~?;, '6 ~~*'.~
:g ~ ~7>r~ 'i-n
tIl ---t ......%.~ITI I" V
~~ ~ %1~E~ f'l1 r\
~ ~ ~....~ ITI <f.o .-, \..J ./
o ...."':::,^""po
o "~~ p' \ r...
V' gE ,
~c;, ~ ~
z
" 0:> '
,,~ ~~
~o g~t. {
~" ~ .
. '""'~ 1:~nt
~, :f>~~ ~s-.\D "_.,;c
~;,~~p~~I~~$E ," ;1ol.;'. ;;o.~" ~'J: ii,
...... ,", _ __ , ,,' '", 'A
~,:~::. ~ ::l-':" \ p" , :,...,,, ' ,"
~,_" _" "_,, _ " "'( ~", >;J'-" ' . "", , '
~.,," ~.. ._, . : h'" ' .
V\ v.v\f..5:.'i
, \"~i.';; J\
\ 'R~ \ \~~~: ~ tg\ ~~
,. - . ," "'
" '" ' '" ".. -" .<'
\ \ :' ' ' . \1) ;i,~i~ ~i~i
rU/. " 'Ii.:" "~\~~i!> .::~~~
,'. ,., ... . ..\ -' . ..
",:1 \ 'p" l""" '
\' \\\\\ \ ~\r~t '~t\W
',--'i\ 'i" ~\' ~','-~
, ':1' ",."
~' \ ~~~ \ ~r')l
, ~ "
. . '
,,/
\ ,,'- " -" ,,.,,, "
'\1\, '\ ,.z , -\ ,,,,..,,~~I,,,,,., 1;/'\ /,--
, _ \.___ _------ ___~; __ N' i ,,~ CO~P.1 is~ ,/ --
\ ,or. .__ .' .o~ - _r"-"""'""'~c.;c ,-' /
\ _" ".~_. 'r--" , ' rr_ "~- .,-,-'
. \'" ""'1' '_', ...~. -~ \ ~\ ,- ~ ---'" ~:~~~-:~-,~'----~~-\-/
,'- _>.- ~," ",~\:::-:J-' ' .:,.,,,. ~
\ ..' ~ - ..' '.",' -., ,..
. . ",,~, " l' H ,....~,~-.,.' J .; \ \-s*'~o~t t/o1\f'~
;; ,"t'r" . ",,,. ., --. ,,\ \g~~G\'"
~.~ <~..}.o I ~; t,-;'i ~~! ~ \Off'C",' R'C""~;O"" "'," P^" ,,0) t~~, 0 \ 1\" ~ ~~ ~
., ..~,~ I ., _, ,." " ,.~\;t) ,0>"" ~
\14 wi~ ,.q', ;ot' ,,~ " :."" "
" 0",,0 .,-", .."' ' '\\ ~ ,,,'" ;"
"\ " " ,""- .... . ~ "",. '"
~ p ~~<l'\~ \'. " ..' .., . "\ \ ';},lIU<\ ~ :t ..
\ ,\;'1';: ,,:;; .,t \\ ' " : ,~, , ,,\
--"'< ... ." .. ,.' ."
. ,,'C. ',k' .,,!I I" :.s. ;;' '
~ _ ;:3, \ ,_ " _\ . 1\' \ \ j!, 0 0" ., ""'~
. ,,'s.'f ,:' ' .' ,,'"
'",o~' C" .. -' ,,~', · ".
" . ~~.. _...." ..-' \ ' t ';:"""n\
'g..~\ ~\.. ..' -".... "~; , ' : "-'
.J. L ,c-#''';::...~.-".'' " \ i\~
h'~ ' .,' ...,< .,.0"_" ."-,-"",,,,,,,,,01- - - --~ ' .
.." ,. _ ~__' _ _,~ _/ _~. ."""" ~..o, -" ~ .' j\ \ '
..... :;:~ !:g~~\ "O'6'l~!>I'{D"P ,I' or ",' s' .1' Qr s. .[' "
:!~o \ & _nloffOF11'>.E./14,Ofr>'<5<'I<, ",see"""""''''<< l~
'N " 'Oi ,." ,".".",.. ,- W ,..,.' ."." "'5~-:""" -- -+-- - - --' -- ~.
"" ' __ --<= _ _ ft''''''''- - --- - - --
Exh\b\t #3
O~-LOR- ~O
Exhibit #4
01-DA-10
DEVELOPMENT AGREEMENT
This Devel~ent Agreement (" Agreement") is made and entered
into as of the J. - day oh.. ~~~, ' 2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MER CO GROUP
A T A VENTURA LANDINGS 1, INC., MERCO GROUP A T A VENTURA
LANDINGS II, INC. AND MERCO GROUP AT A VENTURA LANDINGS III,
INC. (collectively "Owner").
RECITALS:
WHEREAS, the Owner owns the property, conslstmg of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
VVHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
Aventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
II Applications"), with the City's Community Development Department; and
WHEREAS, pursuant to the applicable City of A ventura Code
provisions, the site plan for the property has undergone review by the City Staff;
and
WHEREAS, Owner has agreed to provide the design for a
necessary public facility, NE 185th Street extension, as well as dedicate needed
right-of-way for N.E. 1851h Street and construct such roadway within the
Property, which will satisfy the needs of the Project and remedy an existing
deficiency, which actions will also provide a significant enhancement to the
quality and utility of other area roadways; and
WHEREAS, this Agreement is intended to and shall constitute a
Development Agreement among the parties pursuant to the Florida Local
Government Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the U Act"); and
WHEREAS, the City of A ventura City Commission has considered
this Agreement at public hearings held on July L 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive -manner ill
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, white allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof,
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as tollows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Project. A description of the Project, including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process all development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City the required road right-at-way for NE 185th Street, as it bisects the
Property, in accordance with design plans for such roadway improvements to be
prepared by Owner and approved by the City, Miami-Dade County, and the
Florida Department of Transportation (FDOT), for construction of "Miami
2
Gardens Drive Connector" (TIP project number 671363) as a new 4 lane facility
from Biscayne Boulevard (US1) to NE 28th Court (the "185 SL Plans").
(b) Owner agrees to prepare the 185 St. Plans, and apply for
approval of same from the City prior to applying for approval of the first
building permit within the Project City agrees to cooperate in its review of the
185 St. Plans and to provide expeditious review of such plans. Upon its approval
of the 185 St. Plans, City shall prepare and submit all necessary applications to
County, FDOT and other agencies for approval of such plans, and shall
expeditiously process such applications to obtain necessary approvals.
(c) After Owner has completed and City has obtained approvaJ for
the 185 St~ Plans, Owner shall construct NE 185 St. within the Property and in
accordance with the 185 St. Plans. PriOT to issuance of the first certilicate of
occupancy or certificate of use for the Project, construction of the portion of NE
185 St. within the Property shall be complete, certified and accepted by the City
as acceptable.
(d) Provided that this Agreement has become effective as provided
in paragraph 10 below, Owner shall dedicate all of the required roadway right-
of-way for NE 185th Street within the Property, to Miami-Dade County or City as
appropriate, after approval of the Applications and within thirty (30) days from
the expiration of all appeal periods relating to approval of the Applications, with
no appeals having been filed, or if filed, having been resolved in Owner's favor.
For purposes of this paragraph, H appeals" shall include petitions for writs of
certiorari, and challenges pursuant to Section 163.3215, Florida Statutes.
5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to
pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is
expressly subject to approval of such payment as a roadway improvement
contribution-in-lieu-of-fee, pursuant to Section 33E-IO of the Miami~Dade
County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner
acknowledges that only the offsite portion of such payment may receive
contribution-in-lieu-of-fee approval, and Owner shall be required to apply for
approval of such roadway improvement contribuhons-in-lieu-of-fee pursuant to
the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual,
and City agrees to provide aU necessary support for such application. Failure to
receive an approval for such contribution-in-lieu-of-fee shall render the
Agreement null and void
6. Adequate Public Facilities. Pursuant to Section 31-239 of the
City Code, the City has made affirmative concurrency findings that all of the
public services and facilities necessary to serve the Project meet or exceed the
3
/
/
i
established LOS standards. Furthermore, the City agrees that during the term of
this Agreement, it shall provide and reserve concurrency-related public facility
capacity for the Project, within the scope of the City's authority as a service
provider.
7. Laws Governing this Agreement. The City's laws and
policies goveming the development of the Project and the Property at the time of
the execution of this Agreement (including, but not limited to the City's
concurrency management program as set forth in Section 31-239 of the City
Code) shall govern the development of the Project and the Property for the
duration of this Agreement. The City may apply subsequently adopted laws and
policies to the Project only as otherWlse permitted or required by the Act.
8. Consistency with the Comprehensive Plan. The City has
adopted and implemented the Comprehensive Plan. The City hereby finds and
declares that the provisions of this Agreement dealing with the Property are
consistent with the Comprehensive Plan and its adopted land development
regulati ons.
9. Public Facilities and Concurrency. Owner and City anticipate
that the Project will be served by those roadway transportation facilities
currently in existence as provided by State, County and City roadways. It is also
anticipated that the Project will be served by the public transportation facilities
currently in existence, including those provided by Miami-Dade County, and
other governmental entities as may presently operate public transportation
services within the area. Sanitary sewer, and solid waste, services for the Project
are expected to be those services currently in existence and owned and operated
by Miami-Dade County, and/ or the Miami-Dade Water and Sewer Department.
Potable water service shall be provided by the City of North Miami Beach.
Stormwater drainage service shall be provided by the City. The Project will also
be serviced by any and all public facilities, as such are defined in Section
163.3221(12), Florida Statutes (2002), and as such are described in the
Comprehensive Plan, specifically including, but not limited to, those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A full listing of all such public facilities is set
forth on Exhibit D attached hereto
10. Recording of the Development Agreement. Within fourteen
(14) days after the City executes this Agreement, the City shall record this
Agreement with the Clerk of the Circuit Court of Miami-Dade County. The
Owner shall submit a copy of the recorded Agreement to the State of Florida,
Department of Community Affairs (DCA) within fourteen (14) days after this
Agreement is recorded. This Agreement shall become effective only after (a) it
4
has been recorded in the public records of Miami-Dade County, and (b) thirty
(30) days have elapsed after DCA's rEXeipt of a copy of the recorded Agreement.
The Owner agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as
described in this section. The provisions hereof shall remain in full force and
effect during the term hereof, and, subject to the conditions of this Agreement,
shall be binding upon the undersigned, and all successors in interest to the
parties to this Agreement. Whenever an extension of any deadline is permitted
or provided for under the terms of this Agreement, at the request of the either
party, the other party shall join in a short-form recordable memorandum
confirming such extension to be recorded in the public records of Miami-Dade
County.
11 Term of Agreement. (a) This Agreement shall terminate on
the date which is five (5) years from the effective date hereof; provided, however,
that ii the Owner fails despite all reasonable, good faith efforts to receive a uno
further action (NFA)" letter from Miami-Dade County Department of
Environmental Resources Management (DERM) for the environmental
remediation of the Lofts Parcel and Townhome Parcel (as described on Exhibit B)
within six (6) months from the effective date of this Agreement, then the term of
this Agreement shan be automatically extended beyond the five year term in an
amount of time equivalent to the time taken for the issuance of the NFA, but not
to exceed an extension of two years. (b) In addition to the foregoing, the term of
this Ag~eement may be extended by mutual agreement of the City and Owner in
2.5 year increments for up to an additional five (5) years from tne temrination
date set forth above, subject to public hearing in. accordance with 8163.3225,
Florida Statutes. City approval shall not be unreasonably withheld provided that
the City finds that the Owner has complied with the obligations applicable to the
Owner in Paragraph 4 above and is proceeding to obtain or has obtained the
development permits in Paragraph 3 above. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement.
12. Time for Completion. Owner shall commence development
of the Project after the effective date of this Agreement, as set forth in paragraph
10, above. All permitting, infrastructure improvements and land development
shall be completed prior to the termination of the Agreement, within five years of
effective date unless extended pursuant to paragraph 11, above. City
acknowledges and agrees that all public facilities and services that are required
to service the Project will be available concurrent with the Project's impacts
during the term of this Agreement and that Owner shall be permitted to
complete the Project as set forth in this Agreement, prior to the Agreement's
termination date.
5
13. Default and Remedies. (a) In the event that Owner defaults
under any of its obligations set forth in paragraphs 3, 4j and 5 abovej City is
authorized to withhold issuance of any development orders and development
permits until Owner has complied with the terms of this Agreement. (b) In the
event of default by either party under this Agreement, the other party shall be
entitled to all remedies at law or in equity.
14. Other Approvals. The parties hereto recognize and agree
that certain provisions of this Agreement require the City and/ or its boards,
departments or agencies, acting in their governmental capacity, to consider
governmental actions, as set forth in this Agreement. All such considerations
and actions shall be undertaken in an accordance with established requirements
of state statutes and county ordinances, in the exercise of the City's jurisdiction
under the police power
15. No Permit. This Agreement is not and shall not be
construed as a development permit or authorization to commence developmentj
nor shall it relieve Owner of the obligations to obtain necessary development
permits that are required under applicable law and under and pursuant to the
terms of this Agreement.
16. Good Faith; Further Assurances; No Cost. The parties to this
Agreement have negotiated in good faith. It is the intent and agreement of the
parties that they shall cooperate with each other in good faith to effectuate the
purposes and intent of, and to satisfy their obligations underj this Agreement in
order to secure to themselves the mutual benefits created under this Agreement;
andj in that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement; provided,
that the foregoing shall in no way be deemed to inhibit, restrict or require the
exercise of the City police power or actions of the City when acting in a quasi-
judicial capacity. Wherever in this Agreement a provision requires cooperationj
good faith or similar effort to be undertaken at no cost to a party, the concept of
no cost shall not be deemed to include any cost of review (whether legal or
otherwise), attendance at meetings, hearings or proceedings and comment
and/ or execution of documents, all such costs to be borne by the party receiving
a request to so cooperate, act in good faith or so forth.
17. Omissions. The parties hereto recognize and agree that the
failure of this Agreement to address a particular permit, conditionj term, or
restriction shall not relieve the Owner of the necessity of complying with the law
governing said permitting requirements, conditions, term or restriction
notwithstanding any such omission.
6
18. Notices Any notices required or permitted to be given'
under this Agreement shall be in writing and shall be deemed to have been given
if delivered by hand, sent by recognized overnight courier (such as Federal
Express) or mailed by certified or registered mail, return receipt requested, in a
postage prepaid envelope, and addressed as follows:
If to the City at:
City Manager
City of Aventura
19200 West Country Gub Drive
A ventura, Florida 33180
With a copy to:
City Attorney
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
If to Owner at
MERCO Group Inc.
5101 Collins A venue
Miami Beach, Florida 33140
With a copy to:
Jeffrey Bercaw, Esq.
Bercaw & Radell, P.A
200 S. Biscayne Boulevard
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be
deemed given on the date of delivery and notices mailed in accordance with the
foregoing shall be deemed given three (3) days after deposit in the u.s. mails.
The terms of this Section 18 shall survive the termination of this Agreement.
19. Construction. (a) This Agreement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Agreement shall not be more strictly construed against any
one of the parties hereto. (b) In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and
paragraph headings shall be disregarded. (c) All of the exhibits attached to this
Agreement are incorporated in, and made a part of, this Agreement.
7
20. Severabilitv. In the event any term or provIsIOn of this
Agreement be determined by appropnate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereot the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shall b€ of the essence for each and
every provision hereof.
23. Entire Agreement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereot and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefore, riot civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the financial inability of such party to perform and excluding
delays resulting from appeals or rehearings commenced by the Owner (any such
causes or events to be referred to herein as a "Force Majeureff), shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.
8
WITNESSES:
/;/
,rr
Prirlt Name:
i
(
Signed, sealed, executed an acknowledged this l1.NAday
Prin, ~
STATE OF H~I~
COUNTY OF ~
The ~regOirg instrument was acknowledped before me by
U:~ i~O ~- / the Yr-t>S~d of
ffi1il - P ,.-h-t ~../{cfr'poration, on behali of the corporation. He/She
is personally known to me or nas produced , as
iden tifica tion.
~tness
. u.7f
my
signature and official
, 2003, in the County an
day
of
My Commission Expires:
~a\ Zayda V!ItnlI
. ~ . My CommiaIIon 00032206
v.,. ,.:1 Expiree June 07 200&
t
/
9
~ The2foregOing. instrument was acknowle~&d before me by
e~ :.z:4- J the 7rf's~ of
Me r;n,p' (I ~~&ation, on behalf of the corporation. He/She
is personally known to me or has produced , as
identification.
~-
day
of
tr:;itness
~-f
my
signature and official
,2003, in the County an
My Commission Expires:
\
~ Za,da \f8rona
· · My~ D003220e
~ ~ Expirea June 07 2006
10
WITNESSES:
was ac~wle~!?1d before
the 1:1c-5~
M corp ation, on behalf of the corporation.
is pers ally known to me or has produced
identification.
me by
of
He/She
I as
~tness
5-r
,
my
signature and official
, 2003, in the County a
day
of
My Commission Expires:
rint ame
. ~'. ~~~000322Oe
'-".1 Expir8& June 07 2005
Attest
CITY OF A VENTURA, FLORIDA
By:
c
\
Eric Soroka, Ci
11
(Space reserved for Clerk)
JOINDER BY MORTGAGEE
INDIVIDUAL
The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th
day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the
original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677,
all in the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WiTNESS WHEREOF, these presents have been executed this 2 -Z N"
August, 2003.
day of
i
:x
r~/
3~S:5twI/ 6-;;/]J/Uv€. #~6"
ffl'#/?1r i9~ 391 flO
[f:Vol'"ms\Joinder by Mongagee. Casares 18/22103)]
(~ reserved for Clerk)
srATEOF
P !offAl.
.
Qul tf'
COUNTYOF
Th! foregoing insrument was acknowledged before me by -~~LJJ. r A,/.Jtl rt5
who is...pers:>nally known to me or has produced as
identification. \
\
Witness my signature and official real this ~ da
in the County and 3ate aforesaid.
~
My Commission 5<pires
i~ *'- layda V8tOIliI
'~;MyC~~
~o,f\.df Expirea June 07 200$
[t Iform"Jlind... by I,Iort_ . Caono (8122103)1
EXHIBIT A
Legal Description
Trkcl"A"
The North 31066 feet, 01 the iollowing described property:
A portion of the Southwest 1/4, of Fractional Secbon J. Township 52
South. Range ..2 East, Miami-Oode County, Flonda. being more
particularly described os follows:
Begin ot the Southwest corner of the Northwest 1/4, of the Southeast
1/4. of the Sauihwest 1/4, of SaId Fractional Section 3; thence
N89deg59min26secW, olong the South line of the Northeast 1/4, 01 the
Southwest '/4, of the Southwest 1/4, of soid Section J, for 80.21
feet; thence NOOdeg01min45secE for 31Q.86 feet to a point on a curve
(said point bears SOOdegOBmin15secW from the radius point of the
next described circular curve); thence Soulf)easterly, along 0 circular
wrve to the ieft (concave to the Northeast), having a radiu3 of 69J,.69
feet and a central angle of OOdeg06min3Dsec for on ore distance of
1.31 feet to 0 point of tangency: thence S89deg58min15secE. along a
line parallei With ond 20.00 fee1. South of as measured at right angle
to the North lin", of the South 1/2, of the Northwest 1/4 01 the
Southeast 1/4, 01 the Sou thwest 1/4, of 3aid Section 3. tor 431.94
feet: thence SDOdegOOmin45secW. along the Westerly Right-of-Way line
of N.E. 28th Court Qnd its Sou ther1y prolongation as recorded in
Official Records Book 6088, Page 160 of the Public Records of
Miami-Dode County. Florida. for 760.62 fe",t; thence
N89degS9min25secW. along a line parallel with and 4409.91 feet South
of, as m",osured at right angles to the North line of the Southwest
1/4. of the Southwest 1/4. of the Southwest 1/4, of said Section 3,
(or 346.87 reet; thence NODdeg45min52secW. alol1g the East line of the
Southwest 1/4, of the Southwest 1/4. of said Section 3, for 4-49.95
feet to the POINT OF BEGINNING, Iymg and being in Miami-Dode
Caun t y, Florida.
TRACT "E":
The South 449.91 feet, of the follow1ng described property:
A portion 01 the Southwest 1/4 of Fractiooal SectJon J, Township 52
South, Range 42 East, Miami-Dade County, Florida. being more
particularly described as follows:
Begin at the Southwest comer of the Northwest 1/4 of the Southeast
1/4 of the Southwest 1/4 o( said Fractional SectiO/l 3; thence
N89degS9min25secW. alol1g the South line of the Northeast 1/4 01 the
Southwest 1/4 o( the Southwest 1/4, of said Section 3. for 80.21
feet: thence NOOdegOlmin45secE lor 310.86 feet to a point on 0
cur_e (said pain t beors SOOdeg08min ISsecW from the radius point of
the next described circular curve); thence SO<.Jtheasterly. along a
clrculor curve to the left (concove to the Northeast), hovir'lg 0
radius of 694.59 feet ood a centrol Ilngle of OOdeg06min30sec for on
orc distance 01 1.31 . feet to a point of tangency; thence
S89deg58minl5secE. along 0 line parallel with and 20.00 feet SOtJth
of 05 measured ot right angles to, the North line of the South 1/2
of the Northwest t/~ ot the Southeost 1/4 at the Southwest 1/4 of
said Section 3. for ~J1.9~ feet; thence SOO<l egOOm in 45secW, along
the Westerly Right-of-Way line of N.E. 28th Coort and its Southerly
prolongati011 os recorded in (OffiCial Records Book 6088, Page 160
of the Public Records of ~iomi-Dode County. Florida, far 760.62
feet; thet1ce N89degS9min25secW, along a line parallel with and
+49.91 feet South of. os measured at right angles to the North line
of the Southwest 1/4 of the Southwe3t 1/4 of the Southwest 1/4- of
3aid Section 3, for 346.87 (eet; thence NOOdeg~6min52secW, along
the East line of the Southwest 1/4 of the SO\Jthwest 1/~, of said
Section J, for +49.95 feet to the paNT OF BEGINNING, l)'ing and
being in Miami-Dade County, Florida.
TRACT" C"
A portion of the East 1/2 cf the Southwest Ih of ti1e Southeast 1/4
of the Southwesl 1/4 of FrQctionol Section 3. To....nshlP 52 South,
Range 42 Ea~t. Miami-Dade County, Florida, bemg more particularly
C1escflbed os (allows:
Commence at the Northwest corner 01 the East 1/2 of the Southwest
1/4 of the Southeast 1/<\. of the Southwest 1/~ of saioj Fr(Jctianol
Section J; thence run S89aeg59m in25secf along the North boundary. o~ _ ..
the Eost 1/2 of the South...est 1/4 oi the Southeast 1/4 of the
South...est 1/'1 of said Fractionol Section 3. a distance of. 90.17.
feet to the point of intersection with East Right-of-Wo)' bourldary
of Northeast 28th Court as described in that certain Right-at-Way
Deed to Dade County. flied an September 10, 1968. in Official
Records Book 6088, Page 160 of the Public Records of Miami-O\lde
County, Florida. being the POINT OF BEGINNING of the parcel of land
here,o\lfter ta be described; thence run SDOdegOOmin45secW along the
aforesaid described line, a d.istance of 361. 28 feet to the point af
intersection with a line tl1at is 300.00 feet North of and paroUel
ta the S\lu\h boundary of tne East 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Southwest 1/4 of said Froctiof\\ll Section 3;
thence run N89deg57mln54secE aloog the lost described line, a
dIstance al 200.28 feet to Q point. said point being 46.75 feet
West of the East boundary of the Southwest 1/4 of the Southeast 1/4
of the Southwest 1/4 of said Fractional J; thence run
NOOdegOOmin45secE along a line that is 200.28 feet East at and
parallel to the said Eost boundary of Northeast 28th Court, a
distance of 361.18 feet to the point of intersection with the North
boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest
1/4 of said Fractional Section 3; thence run NB9deg59min25secW
along the lost described line. 0 distance of 200.28 feet to the
POINT OF BEGINNING
ROAD TRACT:
That portion at a 70.00 feet wide Right-at-Way for N.E. 28th Court os
described In OHic;al Records Book 5068. at Page 160 of the Public Records of
Miami-Dade COtJnty, Florida. lying .South of the 'North line of the Ecst 1/2., of
the South",est 1/4, of the Southeast 1/4, of the Southwest 1/4, of Section 3.
Township 52 South, Range <>2 East, City of Aventuro. lAiami-Dade County.
Florida. .
ALSO KNOWN AS.
A portion of the East 1/2, of the Southwest 1/", of the Southeast 1 /4. of the
Southwest 1/4 of Fractional Section J, Township 52 South, Range 42 East.
Miomi-Oade County, Florida. being more part.iOJlarly descnbed \lS follows:
Commence at the Northwest corner of the East 1/2, of the Southwe.st 1/~, of
the Southeast 1/4. of the Southwest 1/4, of said Sedion 3; thence
Sa9deg59min15secE, clang the North Une of the East 1/1. of the Southwest
1/4, of the Southeast 1/<!-. of the Southwest 1/4. of said Section J. for a
distance of 20.17 feet to its intersection with the West Right-of-Way Line of
Northecst 28th Court. os described in that certain Right-of-Way Deed to
Miami-Dade County, Filed on September 10th. 1958. in Official Records 800k
608a, Page 160 of the Public Records of Miomi-Oade County. Florida, said pain t
also being the POINT OF BEGINNING of the hereinafter described Parcel of Land;
thence continue S89deg59minZSsecE, along the tast describea line. 0 distonce
of 70.00 feet to its intersection with East Right-of-Way line of said Northeast
28th Court; thence SOOdeg01min<!-SsecW, along said East Right-of-way Line of
Northeast 28th Court, far 4-..9.95 feet; thence N89deqS9min25secW for 70.00
fee', to I's ,nlersectjon with sa,d West Pight-of-",oy line 01 Northeast 28th
Court; thence NOOdeg01m1nJ.5secE. along SOld West Right-oi-way Line of
~..jort:'eost 28th Court, for 449.95 feet to the POINT OF BEGINNING.
~ESS.
A portion of the East 1/2.. of the Southwest 1/<1-. or the Southeast 1/4-. of the
Southwest 1/<1- or Fractional Section 3. Township 52 Soutt'l. Ronge 42 Eost.
Miam,-Dode Coun ty. Flondo. being more particularly described as follows,
Commence ot the Northwest corner of the Ecst 1/2. of the Southwest 1/4. of
the Southeast 1/4. or the Southwest 1/4. of soid Section.3; thence
S89degS9m.n25secE. clong the North L,ne of the East 1/2. of the Southwest
1/4-, of the Southeast 1/<1-. or the Southwest 1/4. of sajd SectIon 3, for c
distance or 90.17 feet to its inter-secflo'" with the East R'lght-of-Way Line of
Northeast 28th Court. as described in that certoin Right-of-Way Deed to
'Miomi-Dode County. filed on September 10th, 1968, in Officiol Records Book
6088. Page 160 of the Public Records of Miami-Dade County, Florida, thence
SOOdegOlmin45secW. olong the lost described line for 361.33 reet ta the POINT
OF BEGINNING of the hereinafter described Parcel of Land: thence
SOOdeg01min45secW for 88.62 feet thence N89degS9min25secW for 35.00 feet:
thence NOOdeg01min455ecE for 88.60 feet; th"l1c" N89deg57min54secE for 35.00
feet to tne POINT OF BEGINNING.
Containing 28,395.07 Square Fe"t and/or 0.65 Acres more or less.
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185th Street and west of
current NE 28th Court). This parcel is 4.482 acres gross, and 4.07
acres net. Proposed development of this parcel is for 62
townhomes under the RMF4 and R1Y:I:F3A zoning district
regulations. Proposed maximum height is 3 stories or 35 feet.
Condominium Parcel. (North of Proposed NE 185th Street and west
of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net.
Proposed development of this parcel is for 205 condominium units
under the RIv1F4 zoning district regulations. Proposed maximum
roof height is 18 stories or 186' - 6".
Lofts Parcel. (South of NE 185th Street and east of current NE 28th
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10".
Outparcel. (South side of NE 185lh Street, on northwest side of
Townhome Parcel). The outparcel is .284 acres in size. Proposed
development of the outparcel is for a swirruning poot clubhouse,
entry feature and guest parking. No residential development is
proposed for this parcel. Su bject to approval by the City
Commission, the Owner may install landscaping, a water feature,
or other decorative elements on this parcel.
EXHIB IT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Environmental Resource Management Permits
Miami-Dade County Public Works Department Permits
Miami-Dade Water and Sewer Authority Department Approval and permits
South Florida Water Management District Permit (Storm Water Management)
Full Building Permits, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Certificates of Use and Occupancy
Such other permits as may be required by Federal, State and local law.
EXHIBIT D
PUBLIC FACILITIES
The Project will be serviced by those roadway transportation facilities
currently in existence as provided by State, County and local roadways. The
Project will also be serviced by public transportation facilities currently in
existence, as provided by Miami-Dade County, the Florida Department of
Transportation, and such otlter governmental entities as may presently operate
public transportation services witltin the area of the Project. Sanitary sewer, and
solid waste services for the Project shall be those services currently in existence
and owned or operated by Miami-Dade County, and/ or the Miami-Dade Water
and Sewer Department. Potable water service shall be provided by the City of
North Miami Beach. Stormwater drainage service shall be provided by the City.
The Project shall be serviced by those existing educational facillties owned or
operated by the Miami-Dade Public Schools District, and shall be serviced by
those existing parks and recreational facilities located in A ventura owned or
operated by the United States Government, by the State of Florida, by Miami-
Dade County, and by the City.
The Project will also be serviced by any and all public facilities, as such are
defined in Section 163.3221 (12) of the Act, that are described in the City's
Comprehensive Plan specifically including but not limited to those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A copy of the Comprehensive Plan is available
for public inspection in the offices of the City's Conununity Development
Department.
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003
AND AMENDED DECEMBER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER
AND THE CITY OF A VENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012 AND TO
ADD APPLICABILITY OF THE CITY'S TRANSPORTATION
MITIGATION IMPACT FEE TO DEVELOPMENT OF THE
CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE PARCELS
OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Philip Yon Kahle, Receiver for MGAL REPH I, II, III
LLC, through Application No. 01-DA-10, has applied to extend the term of the
Development Agreement dated September 2, 2003, amended December 29, 2004, made
between Merco Group at Aventura Landings I, II and III, Inc., as owner, and the City of
Aventura; and
WHEREAS, pursuant to the terms of Paragraph 11. of the Development
Agreement, the termination date of the Agreement is February 2, 2010; and
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "8" to the Development Agreement has expired, and no
building permits were approved for the "Lofts Parcel" also as described in Exhibit "B"; and
WHEREAS, Paragraph 11 (B) of the Development Agreement provides that the
term of the Agreement may be extended in 2.5 year increments for up to 5 additional.
years from the termination date of February 2, 2010, upon mutual agreement of both the
City and the owner/applicant; and
Ordinance No. 2010-
Page 2
WHEREAS, the owner/applicant has requested an extension of the termination
date of the Development Agreement to August 2, 2012 in order to allow the property to be
marketed for sale while preserving the development approvals granted by the City; and
WHEREAS, pursuant to Paragraph 11 (B), the parties have mutually agreed to add
a new paragraph to the Modification of the Development Agreement to provide for
applicability of the City's Transportation Mitigation Impact Fee to development of the
"Condominium Parcel" and the "Lotts Parcel"; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the amendment to development agreement requested by the applicant
is appropriate; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Modification to Development Agreement attached as
Exhibit "A" to this Ordinance, extending the termination date of the Agreement from
February 2, 2010 to August 2, 2012 and adding applicability of the City's Transportation
Mitigation Impact Fee to development of the "Condominium Parcel' and "Lofts Parcel" is
hereby approved, for property legally described in Exhibit "8" to this Ordinance.
Section 2. The City Manager is hereby authorized to execute the agreement on
behalf of the City.
Ordinance No. 2010-
Page 3
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Co'mmissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner T eri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 6th day of July, 2010.
Ordinance No. 2010-
Page 4
PASSED AND ADOPTED on second reading this _ day of _, 2010.
~
<br
f
APPROVED AS TO LE~IENCY:
NWr\ ,
City Attorney
This Ordinance was filed in the Office of the City Clerk this _ day of
,2010.
City Clerk
Ordinance No. 2010-
Page 5
EXHIBIT "A"
MODIFICATION TO DEVELOPMENT AGREEMENT
THIS MODIFICATION TO DEVELOPMENT AGREEMENT ("Modification")
is entered into the _ day of , 2010, by and between the CITY OF
AVENTURA, Florida a municipal corporation, ("City") and MGAL REPH I, II, III, LLC,
("Owner") .
R E C I TAL S:
WHEREAS, the Owner owns the property, consisting of approximately 9.02
gross acres of land (the "Property"), the legal description of which is attached hereto as
Exhibit A;
WHEREAS, the previous Owner, Merco Group at Aventura Landings I, II and III,
Inc., obtained development approvals relating to the Property, including an application
to amend the City of Aventura Comprehensive Plan, an application for rezoning, an
application for site plan approval, an application for various variances required to
develop the Project, and an application to close a portion of NE 28th Court (the
"Applications"), through the City's Community Development Department;
WHEREAS, on September 2, 2003, Merco Group at Aventura Landings I, II and III,
Inc. and the City entered into a development agreement ("Agreement"), pursuant to the
Florida Local Government Development Agreement Act Sections 163.3220-163.3243,
Florida Statutes;
WHEREAS, on October 5, 2004, an amendment to Exhibit "B" of the Development
Agreement was approved by mutual agreement of the parties to revise the number of
stories in the "Condominium Parcel" from 18 stories to 19 stories, with the maximum
overall height remaining the same at 186'6" and all other terms and provisions of the
agreement to remain in full force and effect;
WHEREAS, since the date of execution of the Agreement, the Owner has fulfilled
the conditions of Paragraph 4. of the Agreement to provide the necessary public facility
and has received necessary permits and constructed the 62 town homes on the
"Town home Parcel"described in Exhibit'B" to the Development Agreement and has
recorded a Final Plat dividing the parcels into development lots and tracts;
Ordinance No. 2010-
Page 6
WHEREAS, the Agreement provides for a termination date of February 2,2010;
WHEREAS Paragraph 11. of the Agreement provides for a term of five (5) years
from the effective date of February 2, 2005 and provides that the term may be extended
by mutual agreement of the City and the Owner in 2.5 year increments for up to an
additional five (5) years from the termination date;
WHEREAS the parcels were placed into Receivership in October of 2008 and a
corporate entity, MGAL REPH I, II, III, LLC, owned by the mortgagor, is now the title
holder;
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" has expired and no building permits were approved
for the "Lofts Parcel" also as described in Exhibit "B";
WHEREAS Section 163.3237, Florida Statutes, provides that a development
agreement may be amended by the mutual consent of the parties to the agreement;
WHEREAS, the Owner and City agree to a modification to Paragraph 11. of the
Agreement to extend the term of the Agreement for a further 2.5 years, from the
February 2, 2010 expiration date to August 2, 2012 in order that the Receiver may
market the property for sale while preserving the development approvals granted by the
City;
WHEREAS, in consideration of the extension of the development rights and
approvals granted under the Agreement, the Owner and City agree to a further
modification to add applicability of the City's Transportation Mitigation Impact Fee to the
two remaining undeveloped parcels, namely, the "Condominium Parcel" and the "Lofts
Parcel".
NOW, THEREFORE, in consideration of the mutual covenants and agreements
expressed herein, the Owner and City agree as follows:
1. Recitals. The recitals set forth above are incorporated herein and form an
integral part of the Modification.
Ordinance No. 2010-
Page 7
2. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is hereby further modified to
extend the term of the Agreement in Paragraph 11. its termination date of from
February 2,2010 to August 2012.
3. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is further modified by addition of
Paragraph 7 (a) as follows:
"Paragraph 7 (a).
The parties agree that payment of the Transportation Mitigation Impact
Fee enacted by Ordinance No. 2008-08, amended by Ordinances No.
2009-04 and 2009-08, shall be required prior to the issuance of any
building permits for the "Condominium Parcel" and the "Lofts Parcel" as
described in Exhibit "B" to the Agreement."
4. The terms and conditions of the Agreement shall remain in full force and
effect except as herein modified.
Signed, sealed, executed and acknowledged this
2010.
day of
CITY
CITY OF AVENTURA, FLORIDA
Attest:
By:
By:
Teresa Soroka, MMC
City Clerk
Eric M. Soroka, ICMA-CM
City Manager
Ordinance No. 2010-
Page 8
OWNER
WITNESSES:
MGAL REPH I, II, III, LLC
By:
Print Name:
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn to, subscribed and acknowledged before me, this
day of by
who is personally known to me or produced as identification.
My Commission expires: By:
Notary Public
State and County aforesaid
(Notarial seal)
Ordinance No. 2010-
Page 9
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
Tracts A, B, C, D, E, F and G and Lots 1 through 62 inclusive, according to the Plat
thereof recorded in Plat Book 166, Page 58, of the Public Records of Miami-Dade
County, Florida,
all lying at the intersection of NE 28 Court and NE 185 Street, City of Aventura
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AIC
Community Develop
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
DATE: June 18, 2010
SUBJECT: Application to Amend Section 31-145(b) of the Land Development
Regulations to add permitted uses to the TC1, Town Center District
(01-LDR-10)
July 6, 2010 Local Planning Agency Agenda Item 4.6
1st Reading July 6, 2010 City Commission Meeting Agenda Item W
2nd Reading September 7,2010 City Commission Meeting Agenda Item 2B
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-145 (b), "Town Center District (TC1)" of the Land Development Regulations to
allow additional permitted uses in the district.
THE REQUEST
The applicant, Aventura Fashion Island LP, is requesting revision to the Town Center
District (TC 1) of the City's Land Development Regulations to allow the following uses as
permitted uses in the zoning district:
. Bookstores limited to 25,000 square feet and limited to one bookstore per center
. Dancing, theater, language, art or tutoring academies limited to 5,000 square feet
or less
. Furniture stores limited to 10,000 square feet and limited to two (2) furniture stores
per shopping center
. Grocery stores limited to 50,000 square feet, limited to one grocery store per center
. Health and exercise clubs limited to 10,000 square feet, limited to one per center
. Department stores limited to 50,000 square feet and limited to no more than one
department store per center
. Martial arts, dance or exercise studios limited to 2,500 square feet
. Dog/pet hospitals limited to 2,500 square feet
. Pet shops with a limitation of 5,000 square feet
(See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-145(b) of the Land Development Regulations is
the following addition in underlined text:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1 Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses, provided the requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-use
buildings or structures are those combining residential dwelling units conforming
generally with the intent of the RMF3, Multi-Family Medium Density Residential
District, with office and/or retail commercial uses allowed in the B 1, Neighborhood
Business District, where the ratio of total square feet dedicated to residential and
non-residential uses is between 3: 1 and 1 :3.
b. Bookstores limited to 25,000 square feet in total floor area and limited to one
bookstore per center.
c. Dancinq, theater, lanquaqe, art or tutorinq academies limited to 5,000 square
feet of total floor area.
d. Furniture stores limited to 10,000 square feet of total floor area and limited to
two (2) furniture stores per center.
e. Grocery stores limited to 50,000 square feet of total floor area, limited to one
(1) qrocery store per center.
f. Health and exercise clubs limited to 10,000 square feet of total floor area,
limited to one (1) health and exercise club per center.
q. Department stores limited to 50,000 square feet of total floor area and limited
to one (1) department store per center.
2
h. Martial arts, dance or exercise studios limited to 2,500 square feet of total
floor area.
I. Pets shops limited to 5,000 square feet of floor area.
I. Doq/pet hospitals limited to 2,500 square feet of total floor area, with the
followinq conditions:
1. All business activities of a doq/pet hospital shall be conducted within a
completely enclosed, air-conditioned structure, insulated to prevent noise
disturbance to adjacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
ANAL YSIS
The Town Center (TC1) zoning district is intended to provide suitable sites for the
development of structures combining residential and commercial uses in a well planned
and compatible manner. The goal is a downtown for our City that primarily seNes our City
residents with a mixture of different urban functions, multimodal transportation and high
quality urban design. The uses in the district are to be consistent with, but may be more
restrictive than, the corresponding Town Center land use category permitted uses.
Residential densities may not exceed 25 units per gross acre and nonresidential densities
may not exceed a floor area of 2.0. The Town Center was defined in the Comprehensive
Plan as the future hub of activity and intended to be a moderate to high intensity, design-
unified area containing a mixture of uses integrated horizontally and vertically, developed
with a thematic plan, served by public transit, designed for comfort and safety of
pedestrians. Both large and small businesses are encouraged in the center, but the Town
Center is to contain numerous moderate and smaller sized businesses which serve, and
draw from, the nearby community.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment IS consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The future land use designation for properties zoned Town
3
Center (TC1) District is Town Center. The intent of the Town Center land use
designation is described in the Future Use Element of the City's Comprehensive Plan.
It is intended as the future hub of activity and intended to be a moderate to high
intensity, design-unified area containing a mixture of residential and non-residential
uses integrated horizontally and vertically, developed with a thematic plan, served by
public transit, designed for comfort and safety of pedestrians. Both large and small
businesses are encouraged in the center, but the Town Center is to contain numerous
moderate and smaller sized businesses which serve, and draw from, the nearby
community.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the tDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides compatible permitted uses in the Town Center
(TC 1) District.
4
-:I
II
BERCaW RAOELL&FERNANOEZ
ZONING. LAND USE A.ND ENVIRONMENTAL LA.\N
DIRECT LINE: 305-377-6238
E-MAIL: mmarrero@brzoninglawcom
VIA F ACSIMLE AND E-MAIL
Exhibit #1
01-LDR-10
June 24, 2010
Ms. Joanne Carr
Community Development Director
City of A ventura
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Land Development Code Amendment Regarding TCl Uses
Dear Joanne:
This law firm represents Aventura Fashion Island, LP and Turnberry
Associates, Inc. (the" Applicant"), with regard to an application to amend the
City of Aventura Land Development Code to permit additional uses in the Town
Center (TCI) Zoning District.
The Applicant acquired the area designated Town Center and zoned Tel.
in 2006 with plans of redeveloping the existing Loehmann's Plaza. The TCl
zoning district currently only permits Bl commercial uses within the center. It
had always been the Applicant's intention to work with the City to expand the
permitted uses, while still maintaining the Town Center's character.
Presently, the Applicant has been working with staff to determine the
specific uses that have been the subject of possible tenancies at the existing
center, in addition to being consistent with the objectives of the Town Center. In
addition, many of the existing uses that continue to be popular among residents
would not be permitted under the existing Tel regulations. To further fulfill
these objectives, the Applicant's proposals also include limitations in size for all
of these acceptable uses, and limitations on number of permitted tenants for
some of the proposals. These specific uses are the folJowing:
WACHOVlA FlNANCIAL CENTEfl 0 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 . MIAMI, FLORIDA 33131
PHONE. 305.374.5300 0 FAX. S05.sn.6222 oVVWW.BRZONINGLAW.COM
Ms. Joanne Carr
June 22, 2010
Page 2
· Bookstores up to 25,000 square feet. There shall be no more than
one (1) bookstore per shopping center.
· Dancing, theater, art, language arts or tutoring academies limited to
5,000 square feet or less.
· Department stores limited to 50,000 square feet. There shall be no
more than one (1) department store per shopping center.
· Dog/ pet hospitals with a limitation of 2,500 square feet.
· Furniture stores limited to 10,000 square feet. There shall be no
more than two (2) furniture stores per shopping center.
· Grocery stores limited to 50,000 square feet. There shall be no more
than one (1) grocery store per shopping center.
· Health and exercise clubs limited to 10,000 square feet. There shall
be no more than one (1) health and exercise club per shopping
center.
· Martial arts, dance or exercise studios with a limitation of 2,500
square feet.
· Pet shops with a limitation of 5,000 square feet.
Section 33-77(g) of the City Code provides standards that staff and the
City Commission shall consider when reviewing proposed amendments to the
text of the City's Land Development Regulations (the "LDRs//). The Applicant's
request addresses each of the standards as follows:
(1) The proposed amendment is legally required.
In order for many additional proposed tenancies to enter the existing
center, the proposed amendment to the LDRs must be approved. In
addition, many of the existing uses that are currently not permitted in
TC1, but grand fathered in (such as the grocery store and the bookstore) ,
could be lost by a fire, storm, or other act of God, or if significant repairs
were required.
(2) The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan.
BERCOW RADELL & FERNANDEZ
ZONING. LAND USE AND ENVIAONI\IIENTAL LAVV
Mso Joanne Carr
June 22, 2010
Page 3
The proposed uses and size limitations are consistent with the goals and
objectives of the Comprehensive Plan, specifically the Town Center
designation.
(3) The proposed amendment is consistent with the authority and
purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of
the LDRs ,as described in Section 31-2 of the City Code.
(4) The proposed amendment furthers the orderly development of the
City.
The proposed amendment certainly furthers the orderly development of
the City, Currently, the Town Center faces additional issues with
tenancies because of the existing limits to permitted uses there. The
approval of this proposed amendment will allow for additional
appropriate uses that will assist the development of the center,
prominently located on Biscayne Boulevard and 187th Street.
(5) The proposed amendment improves the administration or execution
of the development process.
Since the uses being proposed are consistent with the goals and objectives
of the Town Center, the approval of the amendment will improve the
administration or execution of the development process. Otherwise, each
specific tenancy request would require a variance or conditional use
approval. The delays caused by such approvals would cause additional
strain on the administration of the Town Center, and would require a
significant increase in public hearing requests.
For all the foregoing reasons, the applicant respectfully requests your
department's favorable review and recommendation of this application. Should
you have any questions, comments, or require additional information, please do
not hesitate to phone my direct line at (305) 377-6238.
Sincerely yours,
Yl/(f?J!:!:J---
Michael J. Marrero
BE.RCOW RADE.LL & FERNAN DEZ
:zONING. L.AND USE AND ENVIR.C>Nl\AENTAL- LAVV
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-145(b) "TOWN
CENTER DISTRICT (TC1)" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit additional permitted uses in the TC1 zoning district;
and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-145 (b) , "Town Center District (TC 1)" of the Land Development
Regulations is hereby amended as follows 1:
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
1 Underlined provisions constitute proposed additions to existing text; text without underline or strike-
through constitute existing text.
Ordinance No. 2010-_
Page 2
a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally with
the intent of the RMF3, Multi-Family Medium Density Residential District, with
office and/or retail commercial uses allowed in the B 1, Neighborhood Business
District, where the ratio of total square feet dedicated to residential and non-
residential uses is between 3:1 and 1 :3.
b. Bookstores limited to 25,000 square feet In total floor area and limited to one
bookstore per center.
c. Dancinq, theater, lanquaqe, art or tutorinq academies limited to 5.000 square feet
of total floor area.
d. Furniture stores limited to 10,000 square feet of total floor area and limited to two
(2) furniture stores per center.
e. Grocery stores limited to 50,000 square feet of total floor area, limited to one (1)
qrocery store per center.
f. Health and exercise clubs limited to 10,000 square feet of total floor area, limited to
one (1) health and exercise club per center.
q. Department stores limited to 50.000 square feet of total floor area and limited to
one (1) department store per center.
h. Martial arts, dance or exercise studios limited to 2,500 square feet of total floor
area.
I. Pets shops limited to 5.000 square feet of floor area.
I. Doq/pet hospitals limited to 2,500 square feet of total floor area, with the followinq
conditions:
1. All business activities of a doq/pet hospital shall be conducted within a
completelv enclosed, air-conditioned structure, insulated to prevent noise
disturbance to adiacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 2010-_
Page 3
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by
, who moved its
adoption on first reading. This motion was seconded by
, and
upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
, who moved its
adoption on second reading. This motion was seconded by
and upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Ordinance No. 2010-_
Page 4
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this _ day of
,2010.
PASSED AND ADOPTED on second reading this _ day of
,2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of _, 2010.
~-'
CITY OF AVENTURA
!G PUBLI~ NOT~E DARCEl; S. SIEGEL, CITY ATTORNEY
QB ~ City of North Miami Beach
t NOtice Is hereby given of the City of Aventura's intent to consider on first 17011 N.E. 19thAvenue
:ED -reading at the City Commission meeting of Tuesday, JuIy,-6, 2010 at North Miami-Beach, FL 33162
'DA 6:00 p.m. at the CIty of Avemura-GovemmentCenter, 19200 West Telephone: (305)948-2939
Yi: Country Club Drive, Aventura, FIoI1da, 33180, and to again consider Facsimile: (305) 787-6004
DE on second apd final hearing atthe_CityCotnmlssion meeting of Tuesc:taY, 6123-30 10-4-227/1503290M
OF September 7, 20.... III 6:00 p.m.lIlthe CIty of Aventura Government NOTICE OF FOR. . FEITURI! -----EEDINGS
!TV Center, f92OO~~ Club Drive, Aventura F1W1c1a, 33180, an jr--V-
)E- amendment to ,tHe DevefopmE!nt AQ(ee/TIent dated ~mber ~, 2003
.II between Merco Group at ~lfEIntUra Landings I. Inc.,' Merco Group'ilt TO:
IF AventUral4indings U. Inc. and Merco Group at Aventura Landings III,
'EE Inc. and the City oJ Aventura. The location of the land subject to the
rs proposed deye/opment agreement is thatce{tain parcel !ocated at the
OF northwest. southeast and south~t comers of the intersection of NE 28
ES CoUrt' and-the cUrrent and futulllNE 185 Streerin the City of Aventura.
NT The 1ega1'desorlP1km e{the/an(fjs as follows:'
JIT _ '
Tracts A. B. C, D. E, F and G and Lots 1 to 62 inclusive, aecordlngto the
'T- Plat Jhereof recordecUIJ Plat Book 166, Page SS:of the Public Records of
Mi~i.Dade County. Florida. City of Aventura. all lying at the intersection
l. Of NI: 28 Court and NE 185 Street in the City of Aventura
a
liT
tF
II.
NO
'Y
TI'\e Development Agreement, approved by the City Commission on
11" September 2. 2003. relates to a proposed residential project to be
COflStructed unclei'the City's RMF4 zoning liistrict regulations, with 62
townhome units, 205 condominium units and 138 loft-style apartment
units, for a tetal of 405 resid8ntial emits. The approved Development
8M Agreement provides that the maximum height of the Townhome Parcel is
3 stories or 35 feet; thtl maximum height of the Condof'!lip.i!Jm Parcel is
IT 18 stories 9l" :186'6"; and the maximum height of the LOfts Parcel is 13
stories or 206'10". The total floor area ratio will not exceed the maximum
F 2.0 floor area ratio allOwed in the RMF4 zoning district. An amended
l
~ve12(mUlnl..&H~.roflll,. W~ approv~9Y Jhe Qit)' ,qo~9fl"
Oct~~iitc':l'easethe height of the CondomInium Parcel frOm
18 stories to 19 stories, while maintaining the overall height of 186'6".
The proposed amendment to~the approv~ Development Agreement will
extend the term of the Agreement from February 2,2010 to August'2,
2012 and will add a provision that the Transportation Mitigation Impact
. Fee enacted by City Ordinance No. 2008-08, amended by Ordinances
Ci: Nos. 2009-04 and 2009-08, will apply to thatwo undeveloped parcels, '
~ those being, the Condominium Parcel and the Lofts Parcel. In all other
;: respects. the approved Developmel'lt Agreement will remain unchanged.
;~ A copy of the proposed amended Development Agreement is available
iN- from the Office of the City Clerk, 19200 West Coun~ Club Drive,
)E Aventura, Rorida.
)F
,.fY 6123
dIIII1/II..in..........cGIII 869
NOTICE is hereby given pursuant to Section 932.7.D3 (2)(a), Florida
Stalutes that the property described beIo.w was seized by the City of
North Miami Beach Police Oepst1menton the date and place cJescritled
below, all locations being in Miami-Dade County, Florida. The personal
property is being l)eId by the CIty of NoI1tJ Miami Beach PolIce Depart-
IJJfIJJf and it is anticipated that forfeitUre proceedings, pulSuant to Section
932]01 at seq.. Florida Statutes, will be filed in the Circ:uitCoUrt of the
Eleventh Judicial Circuit in IJRd for MiatiJI..DIJdB County, RorIltII, on
or about July 16, 2010. All. persons who have a fegaI interest in the
subject property are entitled to an adversarlftl preliminary heerlng
under Florida Statute.
The property seized by the agency is:
a. $29,42O.00tn U.S. Currency
This property was: seized on or about June 4, 2010,' at or near
the vicinity of 295 N.E. 1G7th $t{8el, North Miami ~J MiamI-Oade
County, FlorIda 33162 and is being held by the City of North Mlsml
Beach pOnce Dep<<trrifInt, 16901 H.E. 19th Avenue, North Miami
Beach, Florida 33162.
Jimmy Sanin Moreno
, 8169 Southgate Blvd
N. Lauderdale, FL 33068
Jimmy Sanin Moreno
Metro West Detention Center
13850 NW41 Street
MIami. FL 33178
JaH 100044283
Dav:inson Caceres Moreno
8169 Southgate Blvd
N.lauderdale, FL33068
Davinson Caceres Moreno
Training & Treatment Center
6950 NW 41 Street
MJami. FL33166
Jail 1 00044282
Regents Bank
Attention: Barbara Henry
2050 Parkway OffICe Circle
Hoover, AL 35244 '
RCN4
NOTice is hereby given pursuant t6 Section 932.703 (2)(a), Florida
Statutes that the property described below was seized by the City ot
North Miami Beach Police Department on the date and place.
described below: all locations being in Miami-Dade County, Florida.
The personal property is being held by the City of North Miami Beach
~~~~"'''."I;o!'f'''r~ ..diRg!!,
purSuant to Section 932.701' et seq.. Florida Statutes, will be'fiIed In the
Circuit Coul1 of the Eleven.th Judicial Circuit In and for Mlaml-
Def/e County, Rorlda. on or about July 12, 2010. All persons
who have a legal interest in the subject property are entitled to an
-adversarlal preliminary hearing under Florida Statute.
The property seized by the agency is:
8. $81;050.00 in U.s. Cui1ency;
b. $1,200.00 in U.S. CUi1ency; and
c. One 2004 FordF-150,
Vin#1 FTPX12504NCot2434
This property was seized on or about June 2, 2010, at or near the ,
TeresaM. Soroka, MMC, City Clerk vicinity of 295 N.E. 167th Street, North Miami Beach, Mlami-Dade
10-4-238I1504093M ~oun!y, _ F1.~ 33162 and is being held by the CIty of NOrth Miami
~
:J :z:
t-
z ~
w ~
> ~
c(
L.L C
0 0
~ ..
u
(3 Gl
en
Gl
c
0
t:::!
Q) Q)
OJ
E i...: ttl C
ttl Q) a. .Q
Z en -- a.
'E c
1: .Q 'i::
Q) t) t.l
.92 > en
U " Q) Q)
c( C/) 0
.... ....
Q Q
C") C")
N N Q
"It "It c:i 3:
.... ....
.... .... .... ~
It) It) ><
co co N m
i...:
Q)
.0
E
i...: :J Q;
Q) Z
.0 Cl.
E c >.
0 I-
:J 'E ....
z Q) Q; 0
" en N "0
c( .E U5 u
e
#Q
......
e
~
~
. ....
~
~
<IIi
.c:
le)
c
~
e
o
u
>-
e
..
.,
..
o
"'-
5
"'-
f!
S
-
o
ii
"
.,
>-
..
~
>-
e
..
.5
..
o
'"
of
o
~
.,
.i!:
-;
>
.;:
.,
"
~
..
f!
u
-0
e
>-
..
E
~
o
>-
.,;
~
..
u
:s
,5
.,
01
..
"'-
"
e
..
~
..
"
'"
.;
e
o
"
~
.,
:E:
'E
..
i
.,
.:::
I-
.5
"
O~
op-8.
ego
N"5l
........ .,
~.;
....... -;
...... .;
........ .,
(Qg
e~
'S:
.,
(1) .~
...~
COe
C~
..
c~
O'S:
-- E
... "'-
co .!!l
(.)g
a;
-.,
~t?
::s~
o...~
4A I fHURSDAY, JUNE24. 2010
. ~ 'l~"iV~J
THE OPPENHEIMER REPORT
Al
MlnmlHerald_com I THE MIAMI HERAlD
STAY AHEAD WITH THE MIAMI HERALD AND OUR MEDIA PARTNERS
TOPICAL CURRENTS, 1 P.M.: Down syndrome CSS€Q NEWS AT 11 P.M.: AI Sunshine shows how a gadget
and 'My Great Story,' plus Linda Gassenheimer. called the EZ-Cracker works at cracking eggs
THE AMERICAS
Santos could take Colombia to next level
Keep an eye on Colombia!
After Sunday's landslide
victory of president-elect
Juan Manuel Santos. Colombia
could tollow the steps of Brazil,
Chile and Peru, and ~me
South AmL>rica's next economic
sucress story.
Granted, many things can go
wrong, including a resurgence ot
Marxist guerrilla violence and a
new round of tensions with
neighboring Venezuela and
Ecuador. But well-placedCo!om.
bia watchers dte four major rea~
sons wby Colombia could take
off under Santos.
First, Santos, who most
recently served as outgoing Pres--
ident Alvaro Uribe's minister of
defense, won with nearly 70 per-
cent of the vote, and 2 million
votes more than what Uribe got
in his' last ek>etion. That will give
Santos a solid majority in Con~
gress, which will allow him to
WOQ investments with guaran~
tees of economic continuity and
embark on ambitious energy,
health and education retonns.
Colombia is already the
[ourth~laI1:est recipient of tor-
eign investment.in Latin Amer-
ica - aitel: Brazil, Chile and
.-\ndr('s
OIlIH.nlwimt'r
<l(l\Jpe!1~Ifi;m<-'r.ci
Mi~m,H"r~IC <CP'
George W. Bush and Uribe in
2006. Democrats in tbe u.s. Con-
gress bave refused to ratif)' the
deal because of concerns over
human rights violations against
trade unionists in Colombia.
"Santos will get along better
with the Democrat$: because he
doesn't have a history [of ten~
sionsl with Obama and Clinton,"
former Colombian President
Cesar Gaviria told me this week.
But U.s, congressional sources
caution that the Democratic
majority in Congress will not
submit the treaty to a vote before
November's U.S. congressional
elections, and what happens
thereafter may depend on the
outcOJnE' of the vote.
_WAlCH 'OPPENHEIMER PRESENTA'
AT 8 P.M. FRIDAYS ON VE.ME TV. AND
7 P.M, SUNDAYS ON GENlV, CH. 8.
Mexico, according to a recent
United Nations report, Many
economists think Santos may be
able to meet his campaign vow to
achieve.a 6 percent growth rate
within two years because his
focu.c; will be on the economy.
Unlike Uribe, a lawyer by pro-
fession. Santos is aneconomist
who graduated (rom the Univer-
sity of Kansas and the London
School MEconomics. He started
hi.'i government career as minis--
ter o( foreign trade and was later
finance minister. Not surpris-
ingly, his tirst appointment was
that of his finance minister~des~
ignate. Juan Carlos Echeverry.
Second. Santos may have a
better chance than Uribe of get-
ring the V.s, Congress to ratitY
the free trade agreement that
was signed by former President
$599,~
1-866:ii24~iia36
14780 BISCAYNE BlVD, (U5.1),. N. MIAMI BEACH
Jus12 Minut"50uth otAvenlll.......
-~ .....". ....-. ~~~_...--
OR SHOP ONUNE 2417 AT PRESTIGEAUOIMIAMI.COM
IC:\ CITY OF AVENTURA
-M. PUBLIC NOTICE
'4;.....,.....
PubUc Notice is hereby given that the City of Aven'bJra Local
Planning Agency wil meet in a public hearing on Tuesday, July
6, 2010 at 6:00 p.M. to make a recommendation ~rding the
adoption of the following Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA. APPROVING AN AMENDMENT
TO THE OEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F.S., DATEO
SEPTEMBER 2, 2003 ANO AMENOEO
OECEMBER 29, 2Oll4, MAOE BETWEEN MEROO
GROUP AT AllENlURA LANDINGS I, " AND III,
INC. AS DEVB.OPER AND THE em OF AVENTURA
TO EXTENO THE TBlM OF THE AGREEMENT
FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012
AND TO ADD APPUCABIUTY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT fEE
TO DEVELOPMENT OF THE CONDOMINIUM AND
LOFTS PARCELS, RELATING TO THE PARens
Of LAND ZONED RMF4, MULTIfAMILY HIGH
DENSITY RESIDENTlAL DISTRICT, LOCATED
ON HE 185 STREET AT HE 28 COURT, CITY OF
AVEliTURA; AU1lIORIZlNG THE CITY MANAGER
TO EXEME TNE AGREEMENT ON B....U OF
THE CITY; PROVIDING FOR SEVERABIU1Y;
PROVIOING FOR AN EFFECTIVE IIATE.
Immediately following the local P1aooing Agency meeting, the
City Commission of the City of Aventura, as the governing body,
will consider, at a public hearing, first reading of the Ordinance
and wm again cOllSider tt!e above descJ'ltleO Ordinance for
adoption after second reading on Tuesday, September 7,2010
at6:00p.m.
The Public Hearings will l:le held in the City Commission
Chamber at City of Aventura Government Cenmr, 19200
West Country ~ub Drive, Aventura, Rorida, 33180. The
proposed Ordinance may l:le inspected by the pUblic atthe Office
of the City Clerk at the above address. Interested parties may
appear at the Public Hearings and be heard with respect to the
proposed Ordjnance.
In acoordam:e with theAm6ricans with DisabilitiesAct of 1990, all
persons who are disabled and who need special accommodations
to participate in this proceeding because of that disability should
contact the Office of the City Clerk, (305) 466..a901 , not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, t1ial pel"S()n will need a record of the proceedings and,
for such purpose, may I\8ed to ensure that a verbatim re<:ord of
the proceedings is made, wtich record includes the testimony
and evidence upon Which the appeal is to be based.
Teresa M. Soroka, MMC, City Clerk
LESS POLARIZA TION
Third, Santos has a less con-
frontational personality than
Uribe, and may be more likely to
ease tensions both at home and
with Colombia's nejghbors,
many observers say.
''There is already a new di~
mate ofless polarization in the
country," Gaviria said 'Teoplc
feel that the new government
won't be constantly fIghting with
non-g()vernment organizations
Save up 10 5Qo 0 WIth a Rheern
Central AIr ConditIoner up to 19 5 Seer
.
. Rama's SpecJaI DfIer"
. 100% Financing
. No Down Paynrenjt
_....... .' . ~~~=tIJs '
A>LPAllTlClPATING
WDEPENIIENT(DI1RAClQR-
REBATEII'TO$193D.blI
.iIII~
.~ 305-262-1121
~U':"'~ (DADE)
&&Go~319~. iJmitadW....h~. Fw~~.4 Clio,*
"WAGCDfI.....IofOelall
t.::\ CITY OF AVENTURA
~~ NOTICE OF HEARING OF
LOCAL PlANNING AGENCY AND
NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT
REGULATIONS
PubliC NotiCe is hereby given that the Aveotura City
CommisSiOn, sitting as the City of Aventura Local Planning
Agency wiJJ meet in a puNiC hearing on Tuesday, JUly 6, 2010
at 6:00 p.m. to consider a motion recommending adoption of
the following Ordinance.
All OROINANCE OF THE CITY OF A\IOOURA.
RORIDA, AMENDING SECTION 31-145(11)
"TOWN CENTER OISTRICT (TCl)" OF THE
CITY'SIANO DEVELOPMENT REGULATIONS TO
REVISE THE LIST OF PERMITTED USES IN THE
OISTRlCT; PROVIOING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVlOING FOR All EFFECTIVE CATE.
Immediately following the Local Planning Agency meeting,
the City Commission of the City of Aventura, as the governing
body, will consider at a PUblic hearing, as first reading,
adoption of the above described Ordinance and will again
consider adoptiOn of the abOve described Ordinance, as
second and final reading, at a public hearing on Tuesday.
September 7, 2010 at6:00 p.m.
The abOve described Public Hearings will be held in the City
COmmission Chamber at City of Aventura Government center,
19200 West COuntry Club Drive. AvenbJra, Ronda, 33180.
The proposeo Ordinance may be inspected by the publiC at
the Office of the City Clerk, 19200 West Country Club Drive,
Aventvra, FlOOda. Interested paJties may appear at the
Public Hearings and be heard with respect to the proPOSed
Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled 8fId WOO need special
accommodations to participate in this proceeding becaUSe
of that disability should contact the Office of the City Clerk,
(3D5} 466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the
City 03mmiSSion, as Local Planning Agency or as the
governing bOdy, with respect to any matter considered at
a meeting or hearing, that person will need a record of the
proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal
ism be basect.
Teresa M. Soroka, MMe, City Clerk
like human rights groups, like
Uribe- did. And Santos will not
allow bimself to be isohlted
internationaJly,like Uribe did,"
Fourth. Santos vowed in his
victory speech to tight impunity
of human rights abusers, and tQ
improve presidential ties with
the justice system. which may
improve Colombia's human
rights situation.
office,
My opinion: I'm not buying
the conventional wisdom in
f'..olombia that Santos will be-
able to improve ties with Vene-
zuelan President Hugo Clt8.vez.
The Venezuelan president
needs a permanent confrontation
with Colombia in order to diVt.'l't
attention from worsening eco~
nomic problems at home, and to
justify his increasingly authori~
tarian rule, Also, Santos told me
in a recent interview Chat Ire and
Chavez "are like water and ou,"
and thes~ two elements don't
mix no matter how hard you try
to bring them together.
But] think there is an at least
even chance that Santos may
take Colombia to the next level.
taking advantage of me ec0-
nomic stability he inherited. his
huge mandate in the polls, and
his focusou the economy. Ifbe
does reasonably well, Colombia
may be the next rising star in the
region.
'A PRAGMATIST'
Jose Miguel Vivanco, head of
Latin American afiairs of the
Hurnan~~tsWa~hmonito~
ing group and one of the most
prominent critics of Un 'be's
human rights record, told me
that "Santos is a pragmatist,
which means that ifhe gets the
right signals from the intema~
tional community on the human
right.. i<;sue, he is mote likely to
respond positively than the out~
going president."
Vivancoadded., however, that
there are concerns in the human
rights community over Santos'
campaign vows to allow the mili-
tary to prosecute its members on
human rights violations, and to
subordinate the attorney gener--
al's office to the presidential
__Com!
... PoUtks
Andres Oppenheimer wlil reply to
e-mails at hiS column's comments
section each week.
LATIN AND CARI8BEAN BRIEFS
. CUBA
Release of dissident
pleases l~nited States
From Midr11i HEl'aldWire- Services
HAVANA - The u.s. is applauding the release of a
human-rights activist, but says he should not have been
iailed tor II months while he waited for his day in court
Dand Ferrer was found guilty Tuesday of plU'chasing
black~market cement and released. on time served
Supporters say Ferrer was targeted for his PQlitical
views and punished for a crime that Cuban authorities
often overlook.
u.s. State Department spokesman P.J. Crowley told
reporters Wednesday in Washington that the U.s. con-
$iders Ferrer's release a positive development..
Crowley added, "We hope that the Cuban government
will continue to take mea.<;ures demonstrating the
increased respect for human rights and fundamental
freedmru;:'
. BRAZil
FLOOD WIPES A WA Y TOWN; DOZENS DEAD
RlO DE JANEIRO - Torrential wa.ters flattened a
small town as tloods raged through two States in north~
eastern Brazil and the death toll was expected to surpass
44 as rescuers searched for hundreds of people reported
IXlissing.
Mayor Ana Lopes said the entire town oiBranquinha,
population 12,000, will have- to be rebuilt in .a different
location.
Television foot.ag:e showed a train station washed
away, its tracks ripped from the-eartb. Cars lay Qver~
turned and strewnalortg a riverbank. Dazed people wan~
dered about streets littered with couches. "hairs and
mount:ai.nsofmud.
A bumble Roman Catholic Chu.rch with a rose-
colored facade was one ofthe (ew buildings to survive-
hut it was surrounded by the rubble of nearby homes.
Storms last week dumped a month's worth ofrain on
parts of Alagoas and neighboring Pernambuco state, near
tbe point where Brazil juts farthest east into the Atlantic.
_ VENEZUELA
CHAvEZ RESHAPES CABINET
CARACAS - President Hugo Chavez shuf11ed his
Cabinet: as ills government grapples with nUl1l€"rous
domestic ills and his governing party prepares for crucial
congressional elections.
Nine top ranking otlicials were appointed Most oithe
outgoing Cabinet members have been selected as ruling
party candidates tOr September's vote and are some of
the socialist l.eader's closest collaoorators, including
Diosdado Cabcllo, Eriklol Faria. Hector Navarro,. and Luis
Ref""
Francisco Garces Da Silva, formt!-rly the director of
Venezt<<!1a's seismological agency, will replace Cabello
as the minister of transportation and rommunica:tion,
while Isis Ochoa replaces Faria as the minister of com~
munes and social protection.
. U.S. VIRGIN ISLANDS
COUPLE IMPRISONED FOR IMPORTING CORAL
CHARLOTrE AMALIE - A Taiwanese couple in the
Us. Virgin Islands bas received what theJustice Depart~
ment said are the longest prison sentence!!. ever i'!;sued
for illegal coral trade.
Ivan C1:tu was sent~ to 30 montbs in prison while
Gloria Cbu was sentenced to: 20months. Each win also
have to pay a $12,500 fine.
The couple pleaded gulliy in March to illegally
importing ~ than $194.000 worth of protected. black
coral to a company in St. Thomas from 2007 to 2009.
The D.S. Justice Dep.artment said in a statement that
the couple used to have export permits but could oot
obtain them as 012007 because they did not ba~... if~
icate of origin for the coral. ~~