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10-05-2010s Gottlieb, The City of Cite Manager Su Gottlieb, Mayor Eric M. Soroka, ICMA -CM Zev Auerbach a ' i fur a Cite a M. Bob Diamond Teresa M. Soroka, MMC Teri Holzberg Billy Joel - ' GbEAttome� Michael Stern ��'� Weiss Scrota Helfman Luz Urbiez Weinberg Pastoriza Cole & Boniske OCTOBER 5 2010 following 6 PM LPA mtg. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE: Led during LPA. 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: 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: September 7, 2010 Commission Meeting September 14, 2010 Commission Meeting September 16, 2010 Workshop Meeting September 22, 2010 Commission Meeting B. 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 CHANGE ORDER FOR THE AVENTURA ARTS AND CULTURAL CENTER BY AND BETWEEN THE CITY AND SUFFOLK CONSTRUCTION COMPANY, INC.; 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 CHANGE ORRDER; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SOUTH FLORIDA PARK COALITION AND EXPRESSING SUPPORT FOR THE October 5, 2010 SOUTH FLORIDA PARK COALITION CHARTER, AS REQUESTED BY THE MIAMI -DADE COUNTY LEAGUE OF CITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. 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. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -141 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 29 AVENUE, NE 187 STREET AND NE 34 AVENUE MILLING AND RESURFACING IMPROVEMENTS PROJECTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: None. 7. ORDINANCES: FIRST READING— PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2010/11- 2014/15 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: 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 2 October 5, 2010 OF AVENTURA 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 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING OCTOBER 14, 2010 9 AM 5" FLR. EX. CONF. ROOM COMMISSION MEETING NOVEMBER 9, 2010 6 PM COMMISSION CHAMBER WORKSHOP MEETING NOVEMBER 18, 2010 9 AM 5' FLR.EX.CONF.ROOM 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, 305466 -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 of the 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. 3 MINUTES Aventura Government Center )IR� CITY COMMISSION MEETING 19200 W. Country Club Drive SEPTEMBER 7, 2010 6 P.M. Aventura Florida 33180 4 w r .s� 1. CALL TO ORDEWROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. 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, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Rosa Nacaratto 3. AGENDA: REQUESTS FOR DELETIONSIEMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: July 6, 2010 Commission Meeting July 15, 2010 Commission Meeting, July 15, 2010 Workshop Meeting B. Resolution No. 2010 -44 was adopted as follows: 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. C. Resolution No. 2010 -45 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SFEC CORRIDOR PROJECT (FROM JUPITER TO MIAMI) AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION 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. D. Resolution No. 2010 -46 was adopted as follows: 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. E. The following motion was approved: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA 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. The following motion was approved: 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. Resolution No. 2010 -47 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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 2 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. H. Resolution No. 2010 -48 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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. Resolution No. 2010 -49 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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 AVENTURA 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: 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: Mr. Wolpin read the following ordinance by title: 3 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. A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Weinberg. 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: A. Mr. Wolpin read the following ordinance by title: 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 AVENTURA 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 A motion for approval was offered by Commissioner Joel and seconded by Commissioner Auerbach. Community Development Director Joanne Carr addressed the Commission and recommended that this matter be deferred until the October 5, 2010 meeting. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Counsel for applicant, 3470 NW 2 nd Avenue. There being no further speakers, the public hearing was closed. 4 A motion to defer this matter until the October 5, 2010 meeting was offered by Commissioner Weinberg, seconded by Commissioner Auerbach, and unanimously passed. B. Mr. Wolpin read the following ordinance by title: 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. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Mickey Marrero, Esq., representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2010 -08 was enacted. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Rosa Nacaratto, Admirals Port and Krop High School student ambassador. 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 at 6:41 p.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. 5 MINUTES Aventura Government Center 'lilt Cky Of Av n"R 'a" * a CITY COMMISSION MEETING 19200 W. Country Club Drive SEPTEMBER 14, 2010 6 P.M. Aventura Florida 33180 ` �... i ar✓ 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. City Commissioner Teri Holzberg was absent due to illness and City Attorney David M. Wolpin did not attend. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Led by Finance Director Brian Raducci. 3. PUBLIC HEARINGS: ORDINANCES: FIRST READING /PUBLIC INPUT - 2010/2011 BUDGET A. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 7.44% BELOW THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2010 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Weinberg. Mr. Soroka commented on the ordinance. 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. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 15, 2010, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2010/2011 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Auerbach. Mr. Soroka reviewed the highlights of this year's budget and the services proposed. 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. Mrs. Soroka announced that the second budget public hearing is scheduled for September 22, 2010 at 6 p.m. 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 6:05 p.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. 2 MINUTES hiiii Tile y of CITY COMMISSION Aventura Government Center im WORKSHOP MEETING 19200 W. Country Club Drive September 16, 2010 9 a.m. Aventura, Florida 33180 CALL TO ORDER/ROLL CALL The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Luz Urbaez Weinberg was absent due to illness. As a quorum was determined to be present, the meeting commenced. 1. PROPOSED FOUNDERS PARK PLAYGROUND IMPROVEMENTS (City Manager): Mr. Soroka introduced Community Services Director Robert M. Sherman who discussed with a powerpoint presentation new playground equipment proposed for installation at Founders Park. CITY MANAGER SUMMARY: Consensus to proceed. 2. REQUEST FOR RESOLUTION BY MDCLC TO SUPPORT SOUTH FLORIDA PARK COALITION CHARTER (City Manager): Mr. Soroka discussed a request by the Miami -Dade County League of Cities to join other municipalities to support the adoption of the South Florida Park Coalition Charter with the intent of implementing the Park and Open Space Master Plan principles for building a model park system that fosters economic prosperity through a healthier, more livable community. CITY MANAGER SUMMARY: Consensus to proceed with adoption at October 5, 2010 Commission meeting. Mr. Soroka distributed copies of proposed new "Welcome" signs to replace the existing signs at the northern and southern borders of the City on Biscayne Boulevard. Consensus to approve. Commission also discussed additional signage for the Aventura Arts and Cultural Center. Mr. Soroka introduced Information Technology Department Director Karen Lanke who demonstrated the iPad proposed to be utilized by the Commission in place of the current laptops for Commission agendas. Consensus to proceed. Commissioner Joel suggested that we eliminate the separate installation ceremony for newly re- elected members of the Commission and administer the oaths at the beginning of the November 9, 2010 regular Commission meeting. Consensus to approve. Consensus of Commission to schedule Workshop Meetings that have an abbreviated agenda prior to regularly scheduled Commission meetings in place of the Thursday morning meeting for that specific month. Meetings with lengthy agendas will be scheduled as usual. Mr. Soroka provided an update on the status of the Arts & Cultural Center opening events. 3. 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 10 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. The Cky C1 MINUTES Aventura Government Center hR CITY COMMISSION MEETING 19200 W. Country Club Drive SEPTEMBER 22, 2010 6 P.M. Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. 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 M. Wolpin. City Clerk Teresa M. Soroka was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 7.44% BELOW THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2010 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Joel. Mr. Soroka commented on the ordinance. 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 -09 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 15, 2010, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2010/2011 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Mr. Soroka commented on the ordinance. 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 -10 was enacted. C. Mr. Wolpin read the following ordinance by title: 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. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Joel. 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 -11 was enacted. 4. RESOLUTION: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING THE PROPOSAL OF BANK OF AMERICA, N.A. TO PROVIDE THE CITY WITH A LOAN IN A NOT TO EXCEED PRINCIPAL AMOUNT OF $16,500,000 TO REFINANCE THE COSTS OF ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH DEBT; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN AGREEMENT, INCLUDING A PROMISSORY NOTE ATTACHED THERETO IN ORDER TO EVIDENCE SAID LOAN; AUTHORIZING THE REPAYMENT OF THE NOTE UNDER THE LOAN AGREEMENT ONLY FROM NON -AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE; AUTHORIZING THE ESTABLISHMENT OF AN ESCROW ACCOUNT; 2 DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Auerbach. The motion for approval passed unanimously and Resolution No. 2010 -50 was adopted. 5. 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 6:16 p.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. 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City age BY: Antonio F. Tomei, Capital Projects er DATE: September 24, 2010 SUBJECT: Aventura Arts & Cultural Center — Final Change Order October 5, 2010 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution approving the final Change Order in the amount of $23,043.06 for the Arts & Cultural Center project. The change order amount will be funded by Budget Line item Number 391- 7001 -575- 6308. Background This Change Order represents final construction items that exceeded authorized contract amounts. The items were required to address unforeseen conditions required by the Miami -Dade County Fire Rescue inspectors, in order to meet fire codes and obtain the facility's Certificate of Occupancy. The following additional construction costs are incorporated into the contract as change orders: $8,742.83 Cost to provide a post indicator valve as required by Miami Dade Fire Rescue during sub contractor permitting of the fire water line system. $12,357.38 Cost to provide additional fire alarm devices as required by Miami Dade Fire Rescue during sub contractor permitting. $1,942.85 Cost to provide for an additional fire sprinkler as required by Metro Dade Fire Rescue during final inspections. All additional construction costs have been reviewed and approved by the architectural consultant. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2010- _ 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 CHANGE ORDER FOR THE AVENTURA ARTS AND CULTURAL CENTER BY AND BETWEEN THE CITY AND SUFFOLK CONSTRUCTION COMPANY, INC.; 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 CHANGE ORRDER; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1 The City Manager is hereby authorized to execute and otherwise enter into attached Change Order between the City and Suffolk Construction Company, Inc. for Aventura Arts & Cultural Center construction and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $23,043.06. Section 2 The City Manager is hereby authorized and requested to do all things necessary to carry out the aims of this Resolution. Section 3 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 Budget Line item Number 391 - 7001 - 575 -6308. Section 4 This Resolution shall become 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 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 5 th day of October, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY - BE c � o,/'EZCe CONTRACT NUMBER: NIA DATE: September 15, 2010 CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 1 PROJECT TITLE: Aventura Arts & Cultural Center PROJECT CONTRACTOR: Suffolk Construction Company, Inc. COST: 23, 043.06 BUDGET LINE ITEM: 391 - 7001 -575 -6308 DESCRIPTION OF CHANGES: Purchase and installation of Fire Alarm System and Fire Supply Line devices as required by Metro Dade Fire Rescue Department. Original Contract: This Change Order: Revised Contract Amount: $ 7,031,587.00 $ 23,043.06 $ 7,054,630.06 The sum of $23,043.06 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is $7,054,630.06. The time provided for completion of the Contract remains the same. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by Recommended by Consultant Capital Projects Manager Recommended for Budgetary Purposes: Approved by Accepted by Contractor Date Date ate 9 s o D to Date CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City M a DATE: September 24, 2010 SUBJECT: Resolution Expressing Support of the South Florida Park Coalition Charter October 5, 2010 City Commission Meeting Agenda Item K--C- Attached please find a Resolution expressing support of the South Florida Park Coalition Charter as requested by the Miami -Dade County League of Cities. This matter was discussed at the September Workshop Meeting. EMS /act Attachment CCO1703 -10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SOUTH FLORIDA PARK COALITION AND EXPRESSING SUPPORT FOR THE SOUTH FLORIDA PARK COALITION CHARTER, AS REQUESTED BY THE MIAMI -DADE COUNTY LEAGUE OF CITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida, finds that it would be beneficial for the environment, for the protection of public resources, and for an enhanced quality of life, for south Florida local governments to work together as a voluntary coalition (the "Coalition ") to enhance and promote park and recreation resources, as suggested by the Miami - Dade County League of Cities and by the South Florida Park Coalition Charter (the "Park Charter "), a copy of which is attached hereto. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals That each of the above stated recitals are hereby confirmed and adopted. Section 2. Joinder of Coalition That the City Commission hereby joins the Coalition and expresses its support for the Park Charter. Section 3. Implementation. A. That the City Manager is authorized to take any action which is necessary in order to implement the purposes of this Resolution. B. That the City Manager is authorized to withdraw the City from the Coalition, at any time, in the event that the City Manager determines that the purposes of the Coalition or the Park Charter become in conflict with the policies, goals and objectives of the City as established by the City Commission. Section 4. Effective Date. That this Resolution shall become effective immediately upon adoption hereof. 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 5"' day of October, 2010. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney 2 South Florida Park Coalition A Coalition of City, County, State and Federal Parks in Miami -Dade County CHARTER Preamble: The South Florida Park Coalition is created to foster a seamless, connected, and sustainable parks system for the South Florida community. The Coalition will meet, collaborate, share knowledge and professional expertise regarding park, recreation and conservation open spaces. Our work is rooted in the fundamental values of recreation opportunity and environmental stewardship. It is dedicated to building a model park system that will promote a greener, healthier, and more Iivable South Florida community. We believe that a model park system consists of parks and public spaces, recreation facilities, greenways, blueways, great streets and conservation lands. We believe that a sustainable, model Park System must be planned and created with an eye to its impact on the neighborhood, city, county and region as a whole. It must be effective, efficient, fair and balanced. It must work with other public and private agencies; and it must enhance the health, safety, happiness and well -being of all residents and visitors to South Florida, now and in the future. We believe that a model park system is integral to social, environmental and economic sustainability; it must become a vital part of everyday human experience; it must be connected spiritually and physically; and it must provide accessibility for people of all means and abilities. The model Park System must raise the quality of life for the region and inspire generations of people to care for and contribute to their communities. Based on the beliefs of equity, access, beauty, seamlessness, sustainability and multiple benefits, We assert that the Model Park System shall: • Ensure an accessible, diverse and balanced system of passive and active recreation opportunities that promote safety, security and healthy lifestyles. • Ensure the preservation, protection and enhancement of ecological resources to sustain and preserve biodiversity and the environmental health of the region. • Ensure the preservation, protection and enhancement of cultural resources to sustain landscapes and their historical and heritage features. • Ensure that park, recreation and conservation open spaces guide the shape of urban form. ■ Ensure that there is no net loss of park, recreation or conservation lands and mandate replacement of land of equal value, context and significance. • Ensure community stewardship of park, recreation, and conservation open spaces by fostering educational and recreational programming, civic art, volunteerism and support of philanthropic and grassroots organizations. • Ensure the continual enhancement of economic. development and quality of life in the region by partnering and collaborating with the business community. • Ensure the equitable distribution of park, recreation and conservation open spaces for all communities in the region. ■ Ensure and support responsible growth to conserve environmental and cultural resources, promote economic investment, and support neighborhood stability, while reclaiming marginal and abandoned areas. ■ Ensure the support and development of an interconnected framework of transportation alternatives such as transit, pedestrian, bicycle and waterway systems that link parks, recreation and conservation open spaces to each other and to communities. ■ Ensure high standards of design excellence, innovation and beauty to support economic, social and environmental sustainability of the region. MIAMI -DADE COUNTY LEAGUE OF CITIES AINN 226 East Flagler Street t Suite 200 a Miami, Ft. 33131 Phone 305.416.4155 Fax305.416.4157 www.mdcic.org h =LC Richard Kuper, Esq. NW Executive Director n F F t r F R s learneAial. August 23, 2010 t sh;d"cibWa Praidant 1Wla, Muni Oarderr Hon. h.6ddd Slyna Pw A+esie4mte Coancilmmsm, Nonh Miami Hon, Richard Sttiabml F.* Vitt Preaid"I Stow KWo ntadas. Didria 106 Han. Jum C tlmnttdas Ham Mruel "Walla Maym, Ooral Maya, City dSvratwater t eartd Vida Prepilatr Him. Leis GNUUZ Hon. Edimdo Climmita The Honorable Zev Auerbach Slam "amnrasiwa Distinct 142 CMWAawt. C y of lfirteah n" Vr« Pm idew Han Wax Sdwm Commissioner, City of Aventura Camatcibmaw T ore of•ay )&~Wa if; 19200 W. Country Club Dr. Iw c. Ck Hu. Deide W-Mwv, Aventura, FL 33180 ca+anis 'Harr, City orriariM City Caamimfona. Miami leach H.ia Wifredm "Willy" Gan Tinswm Cormeimiww, City oritia ni Host Cindy Laram Ham. Pad Vogl Mayor, Pirdcrad Ceamtni aiaw. C ity of Nomh Bay VWXV ter• Awneaa Harvard a. Lattmd. Esq. Dear Commissioner Auerbach: Host. Jai D. ilechm Ass*w Maya, Bad Harbor Him. Jar&, W. Loorrrd Comc a m. Bay Hobm Waads On Thursday night, August 5, 2010, at the MDCLC Board Meeting the enclosed Hom. Reaanw Roe Mayer. Dilewle Part resolution (and Charter) was unanimously Pied urging the support for the adoption o Has. Sehol Ca' Jr. CemmismiNW,C"Gmft the South Florida Park Coalition Chatter by each of the League's member cities, towns Has. Nk" otieve caamrdmra.Daal and villages. Hon by= Davis Maym. Ei Pant How R S. SNwm cmnsimimrtsr. Frorwac" The adoption of this Charter will create the first regional Park Coalition in the State o Ham 1"y Latitin vice Maya. Comm Imb Florida and represents a first step toward implementing the Park and Open Space Master Hm. Vivian Cmada -Heim, Ceumdmarra Hidrh Plan principles for building a model park system that fosters economic prosperity through Ham. r'MN N LA Crt¢ Maya, Hmmleah Gordms a healthier, more livable community. Hon. Jim A. IJapaa Camcilama, HMOs" �e amk The following municipalities have already adopted the Charter through Board approved Han Rahn vermin Ma Ke Bk-ymt resolution; as well as the School Board and County: Hon, Raman Rodnpea Mlayar, Medley Han Fiat=Srdre: commisimner, Miami . City of Coral Gables Ham. Jaam"PeW Disc H0. M*TW • City of Donal m Membea • Town of Golden Beach beami Dade Co q S&40 Bwed • City of Hialeah commumm ,iRanch ivil" City Hialeah Gardens C Mi • of Ham Hideo Nazi Maym, Nfumsi Uku • Village of Key Biscayne Mom, P W" Honiara Camw aaam Mae-, sbwaa _ . City of Miami Beach Noe. Hilly Sam Mbya. rrdmi WM • City of Miami Gardens Hon Dr. Pad Vogel . c Mm• Meath Bay V- tax . City of North Miami Ham. Amdrm Pura Maya. Nwh Miami . City of South Miami Hm. Myrom Rarer ,Maya, hyJa mr Beach e City of Sunny Isle Beach . orothy Hen D loM Cimainimw. Cpa -Lab Hon Howmd Twdnah Te ncimaa.PaMaloSNy We ask that your municipalities adopt the Charter by passing a resolution. If you have ;,,�„�, any questions, need additional information or would like for the Miami -Dade Park M" D a p resentation to our Board, please contact the Parks Director Jack Department to give Y Hm.xi .Ede' Ham. Varrnam Ede mwul��n Kardys at 305 -755 -7903. T9 \\ iwrlide Han Orlando LmPem cm"issicnm. Swaawam Yen som ar Deno IL' . LGwa. V irgiais Garde m Hon cd.+mda �luhiat mww. wem Aire° Commissioner Auerbach August 23, 2010 Page 2of2 The South Florida Park Coalition is a great opportunity for sharing knowledge, and will help create greater collaboration and cooperation among agencies. We have much work to do and as a team of professionals working together we can leave a legacy of health, beauty and a renewed sense of place for the South Florida con Y Richard Kuper, Esq. Executive Director RK/ym Enclosure: SFPC Charter and MDCLC Resolution C.C: Jack Kardys, Director, Miami -Dade Park and Recreation Department (MDPR) W. Howard Gregg, Deputy Director, MDPR Maria Nardi, Chief, Planning and Research Division, MDPR r RESOLUTION NO. 2010 -5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DADE COUNTY LEAGUE OF CITIES, INC SUPPORTING AND ENDORSING THE SOUTH FLORIDA PARKS COALITION CHARTER AND THE PRINCIPLES ON WHICH IT STANDS WHEREAS, parks, open spaces and preserves are vital to the quality of life of all residents of Miami Dade County; and WHEREAS, the Miami -Dade County League of Cities, Inc. is committed to the fundamental and abiding values of equity, recreation opportunity and emaronmental stewwdship; and WHEREAS, the South Florida Parks Coalition is comprised of park and recreational professionals from all city, county and state and federal jurisdictions, and WHEREAS, the South Florida Parks Coalition is dedicated to building a model park system that will promote a greener, healthier, and more livable South Florida community; and WHEREAS, The South Florida Park Coalition is created to foster a seamless, connected, and sustainable parks system for the South Florida community, and WHEREAS, The South Florida Parks Coalition will meet, collaborate, coordinate and share knowledge and professional expertise regarding park, recreation and conservation open spaces; and WHEREAS, we know that there is strength in unity. RESOLUTION 2010 -5 NOW THEREFORE BE IT RESOLVED that the Miami-Dade County League of Cities, Inc., endorses the Charter of the South Florida Parks Coalition, attached and included by reference, and fully supports the principles on which it stands: APPROVED AND ADOPTED by the Board of Directors of the Miami -Dade County League of Cities, Inc. at regular meeting assembled this &y of a4L25+- 2010• ATTEST: QP ' DEERE WEI MORN Wgka B LYW SECRETARY PRESIDENT RESOLUTION 2010 -5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City M ger DATE: September 16, 2010 SUBJECT: Resolution Declaring Equipment Surplus October 5, 2010 Commission Meeting Agenda Item s---.D 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 CCO1710 -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 AVENTURA, 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 . 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. 2010 -_ Page 2 PASSED AND ADOPTED this 5th day of October, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: �f lso m DATE: 7 September 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 property: K9 Billy; see below comment This K9 is currently assigned to Officer Craig. Officer Craig has submitted his resignation from the K9 unit, effective 1 October 2010, due to the poor health and age of his K9. CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: even Stei erg, Chief of Police DATE: 23 September 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 and boat engines: Mercury 225 XL Verado 25" engine, serial #1 8290640 Mercury 225 XLC Verado 25" engine, serial #1 B289508 2004 (Veh #3425) Ford Crown Victoria, VIN # 2FAFP71WX4X124727 Date: September 21, 2010 To: Eric Soroka, City Manager From: Julie Alm, Principal Re: Surplus Furniture 60 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 "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager, FROM: Robert M. Sherman, Director of Community Services DATE: September 16, 2010 SUBJECT: Surplus Property Please have the City property listed below declared as Surplus Property, as this item has become cost prohibited to maintain and inadequate for department purposes: Eighteen (18) Duralite KI- Tupelo tables 72" x 30" RMS /gf RMS10029 CITY OF "ENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City na r BY: Antonio F. Tomei, Capital Projects gerP DATE: September 27, 2010 SUBJECT: Recommendation —Work Authorization No. 01 -0103 -141 Professional Design Services for NE 29 Avenue /NE 187 Street and NE 34 Avenue Milling and Resurfacing Improvements. October 5, 2010, City Commission Meeting Agenda Item 5- Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01- 0103 -141 to Craven Thompson and Associates, Inc. for Professional Design Services for milling and resurfacing improvements to NE 29 Avenue, NE 187 Street and NE 34 Avenue for an amount of $69,150. This project is included in the Capital Improvements Program for the 2010/11 fiscal year. Backaround The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. In particular, design plans will address milling and resurfacing improvements to NE 29 Avenue from NE 191 Street and south to NE 187 Street and west to NE 28 Avenue. In addition, design plans will address milling and resurfacing improvements to NE 34 Avenue from NE 207 Street and north to NE 213 Street. The cost includes services pertaining to civil design, permitting, bidding, surveying and construction services. The proposed budget is $505,000. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01 -0103 -141 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 29 AVENUE, NE 187 STREET AND NE 34 AVENUE MILLING AND RESURFACING IMPROVEMENTS PROJECTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING 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 to execute attached Work Authorization No. 01- 0103 -141 ($69,150.00) for professional design services for the NE 29 Avenue, NE 187 Street and NE 34 Avenue Milling and Resurfacing Improvements projects by and between the City and Craven Thompson and Associates, Inc. Section 2 The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3 That the funds to be allocated and appropriated pursuant hereto and for the purposes of carrying out the tenets of this Resolution shall be from Budget Line Item Number 120 -5001- 541 -6305. Section 4 This Resolution shall become 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 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 5 th day of October, 2010 SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-141 The City of Aventura has requested Work Authorization No. 01 -0103 -141 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01 -0103 -141 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Design Phase Survey (Task No. 11050) ...................................................... ............................... $13,750.00 Prepare Design Drawings (Task No. 34040) ......................... ............................... $34,000.00 Permitting (Task No. 31080) ................................................... ............................... $2,000.00 Project Management (Task No. 34040) ................................... ............................... $2,500.00 TotalDesign Phase ............................................................. ............................... $52,250.00 Bidding Phase Prepare Bid Documents (Task No. 34060) .............................. ............................... $2,000.00 TotalBidding Phase .............................................................. ............................... $2,000.00 Construction Phase Daily Site Visits (based on 90 day const) (Task No. 34070) .. ............................... $12,500.00 Project Closeout Documentation (Task No. 34070) .................. ............................... $1,000.00 TotalConstruction Phase ...................................................... ............................... $13,500.00 Reimbursable E ;Mnses Printing, Graphics, Communications (Task No. 34100) .............. ............................... $700.00 Couriers, Express Mail, Etc (Task No. 34 100) ............................. ............................... $ 700.00 TotalReimbursable Expenses .......................... ............................... ......................$1,400.00 Total Estimated Labor Expenses are ....................................... ............................... $67,750.00 Total Estimated Reimbursable Expenses are ............................. ............................... $1,400.00 The time period for this work authorization will be: Design Phase ................................. .............................75 Days Permitting Phase ............................ .............................30 Days Bidding Phase ................................ .............................75 Days Construction Services Phase ( estimate) ...................... 90 Days CITY: CITY OF AVENTURA, FLORIDA through its City Manager Im City Manager Eric M. Soroka, ICMA -CM day of , 2010 Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its Capital Projects Manager BY Capital Projects Manager Antonio F. Tomei BY U IV I f t 6-- Vit Clerk Teresa M. Soroka, MMC APPROVED AS TO FORM I: City Attorney iZ day of SE'P- , 2010 Exhibit A Consultant shall prepare roadway milling, resurfacing and pavement marking drawings for the following two areas: NE 29 Avenue/NE 187"' Street Starting at the point of curvature of NE 191' Street heading east and then south on NE 29"' Avenue and continuing west on NE 187` Street to the traffic signal at NE 28'' Court. This work encompasses approximately 1,700 LF of roadway. The construction limit will match the end of the construction limits for the milling and resurfacing previously completed on NE 187'' Street. NE 34 Avenue Commence at the north side of NE 207 Street and continue to the south side of NE 213' Street. This work encompasses approximately 1,900 LF of roadway. Our scope of service shall include surveying, engineering design and construction services. Consultant will more specifically perform the following: ■ Prepare design survey. ■ Prepare roadway resurfacing and pavement marking plans. ■ Prepare Engineers' Cost Estimate for the proposed improvements. ■ Prepare technical specification for the inclusion into the City's Bid package. ■ Prepare Bid package and assist City in bidding the project. ■ Miscellaneous coordination with agencies, franchise utilities, and/or City. ■ Construction services, including periodic observation of the work to assure conformance with specifications and drawings. City of Aventura NE 29 th Avenue/ NE 187 Street and NE 34 m Avenue Milling and Resurfacing Prepared by: Craven Thompson & Associates, Inc. Preliminary Engineers Cost Estimate Item Description Quantity Unit Unit Price Extended Cost NE 29' AVENUE! NE 181' STREET NE 34 AVENUE ROADWAY IMPROVEMENTS ROADWAY LNjROYEMENTS 1 Mill1 "of Asphalt 1 MillI - ofAsphalt 11,500 SY $2.00 $23,000.00 2 Install 1" Asphalt (Type S -III), Icluding Tack Coat 11,500 SY $7.00 $80,500.00 3 ADA Ramps (Final number of ramps to be determined 24 EA $2,000.00 $48,000.00 upon completion of survey) 1 LS $10,000.00 $10,000.00 4 Remove and Replace Existing Curb and Sidewalk 1 LS $15,000.00 $15,000.00 5 Restore Loop Detectors 6 Ea $6,500.00 $39,000.00 6 Pavement Markings & Signage 1 LS $20,000.00 $20,000.00 7 Maintenance of Traffic 1 LS $15,000.00 $15,000.00 8 General Conditions @ 3% 1 LS $7,215.00 9 Mobilization @ 6% 1 LS $3,250.00 $14,430.00 10 Testing @ 2% 1 LS $4,810.00 11 Police Presence @ 2% 1 LS SUB -TOTAL $4,810.00 12 Contingency @ 10% 1 LS $24,050.00 SUB -TOTAL $295,815.00 NE 34 AVENUE ROADWAY IMPROVEMENTS 1 Mill1 "of Asphalt 11,000 SY $2.00 $22,000.00 2 Install 1" Asphalt (Type S -III), Icluding Tack Coat 11,000 SY $7.00 $77,000.00 3 ADA Ramps (Final number of ramps to be determined 6 EA $2,000.00 $12,000.00 upon completion of survey) 4 Remove and Replace Existing Curb and Sidewalk 1 LS $10,000.00 $10,000.00 5 Restore Loop Detectors 2 EA $6,500.00 $13,000.00 6 Pavement Markings & Signage I LS $18,500.00 $18,500.00 7 Maintenance ofTraffmce 1 LS $10,000,00 $10,000.00 8 General Conditions @ 3% 1 LS $4,875.00 9 Mobilization @ 6% 1 LS $9,750.00 10 Testing @2% 1 LS $3,250.00 11 Police Presence @ 2% 1 LS $3,250.00 12 Contingency @ 10% 1 LS $16,250 -00 SUB -TOTAL $199,875.00 NE 29TH AVENUE AND NE 34th AVENUE SUB -TOTAL $495,690.00 Page 1 of 1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager BY: Joanne Carr, AIC Community Development Director DATE: September 16, 2010 SUBJECT: Petition of the City of Aventura to Amend the City of Aventura Comprehensive Plan by amending the Capital Improvements Element to adopt by reference the City's 2010/11 — 2014/15 Capital Improvement Program (01- CPA -10) October 5, 2010 Local Planning Agency Meeting Agenda Item `7 October 5, 2010 City Commission Meeting Agenda Item q November 9, 2010 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve an amendment to Policy 4.19 of the Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt the 2010/11 — 2014/15 Capital Improvement Program by reference as an update to the City's Capital Improvements Element. THE REQUEST City staff is requesting an amendment to Policy 4.19 of the Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt the City's most recent Capital Improvement Program into the Plan. BACKGROUND Section 163.3177(3)(b)1., Florida Statutes, requires that the City annually adopt, by December 1 of each year, its most recently approved Capital Improvements Schedule into the Comprehensive Plan. The proposed amendment adopts by reference the current Capital Improvements Schedule contained within the 2010/11— 2014/15 Capital Improvement Program approved by the City Commission on July 6, 2010 through Resolution No. 2010 -43. THE AMENDMENT The proposed amendment is to Policy 4.19 of the Capital Improvements Element of the Comprehensive Plan, as follows': "Policy 4.19 The City of Aventura 2010/11 — 2014/15 Capital Improvement Program and the Capital Improvements Schedule included therein, contains a schedule of projects that the City shall implement in order to meet its adopted Level of Service standards and ensure the financial feasibility of this Comprehensive Plan. The 2069110 201344 2010/11 — 2014/15 Capital Improvement Program is hereby adopted by reference as part of the Capital Improvements Element." ANALYSIS Section 31 -53 of the City's Land Development Regulations provides that the Comprehensive Plan may be amended in accordance with that section and in accordance with the notice and hearing procedures set forth in both the Land Development Regulations and the applicable Florida Statutes. Section 163.3177(3)(b)1. of the Florida Statutes requires that the annual update of the City's Capital Improvement Schedule be adopted into the Comprehensive Plan by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update to the Plan is not subject to review and comment by the State and other agencies before adoption. Notice of the proposed amendment has been properly published. Once adopted by the City Commission, a copy of the ordinance will be provided to the Florida Department of Community Affairs (DCA) as evidence of the City's compliance with Section 163.3177(3)(b)1. of the Florida Statutes. Underlined text indicates insertions. Stricken - through text indicates deletions. 2 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2010111- 2014115 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3177(3)(b)1. of the Florida Statutes requires municipalities to annually adopt an updated Capital Improvements Schedule and to amend the Capital Improvements Element in the Comprehensive Plan to include the updated Schedule; and WHEREAS, at a public hearing on October 5, 2010, the City of Aventura Local Planning Agency reviewed the proposed update to the Capital Improvements Element, found the proposed change to be consistent with the City of Aventura Comprehensive Plan and recommended approval of the update to the City Commission. WHEREAS, the City Commission has conducted a first and second reading of the proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the Comprehensive Plan to adopt by reference the current Capital Improvements Schedule contained within the City's 2010/11 — 2014/15 Capital Improvement Program at duly noticed public hearings as required by law and finds that based on the City of Aventura Local Planning Agency's recommendation, the recommendation of staff and comments from the public, the proposed amendment to update the Capital Improvements Element will not result in any adverse impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Aventura; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the Comprehensive Plan to adopt the updated and approved Capital Improvements Schedule contained in the City's 2010/11 - 2014/15 Capital Improvement Program. Ordinance No. 2010 - Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1 . Findings That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2 Amendment to the Comprehensive Plan That Policy 4.19 of Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive Plan is hereby amended as follows' : "Policy 4. 19 The City of Aventura 2010/11 — 2014/15 Capital Improvement Program and the Capital Improvements Schedule included therein, contains a schedule of projects that the City shall implement in order to meet its adopted Level of Service standards and ensure the financial feasibility of this Comprehensive Plan. The 2009140 20IW44 2010/11 — 2014/15 Capital Improvement Program is hereby adopted by reference as part of the Capital Improvements Element." Section 3. Severability. That 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. Inclusion in the Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura. Section 5 . Effective Date That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the Plan Amendment approved by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission finding that the Plan Amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of Community Affairs' notice of intent to find the Plan Amendment in compliance shall Ordinance No. 2010 - Page 4 PASSED AND ADOPTED on second reading this 9 th day of November, 2010. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, -C City Manager BY: Joanne Carr, Al 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 July 6, 2010 City Commission Meeting Agenda Item as 2010 City Commission Meeting Agenda Item .L.011 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 Von 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 LOCATION OF PROPERTY HISTORY Philip Von Kahle, Receiver NE 28 Court at NE 185 Street See Exhibit #2 for Location Map 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 townhome 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. 1151 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 kb r Exhibit #1 01 -DA -10 Felix M. Lasarte, Esq, feiixglasartelaw com VIA ELECTRONIC MAIL May 17, 2010 Mrs. Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive 4'� Floor Aventura, FL 33180 Mau , 010 Re: Request to Extend Development Agreement between Merco Group at Aventura Landings I, II, and III, Inc. (hereinafter the "Merco Group ") and the City of Aventura / Terzetto Project / Property located at 18400 NE 28 Street in Aventura, Florida. Dear Mrs. Carr: Our office 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, I1, 111, 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. Background. 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 11(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 Development Agreement. 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 185 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 185 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 Aventura. 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. Development 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 (WASA) 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 WASA 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 of the 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 timeline 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 nears. 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 4 ellLasarte �� VIA, HAND [ EUVERY & F ACSIMiLE A j (305) 466 -3277 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 I, II and 111, 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 11Aercc 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 163.3229, 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 von Kahle Receiver Enclosures FROWARD COUNTY _ — eae ®o ®e ®oroc V® � oe� DADE COUNTY � / - r � c EXHIBIT #2 ®1 -®A -1® — — ZIP Code Boundary Railroad z Tryb � =c °° =o a e F o ° v 3 y 3 3 o Z 3 `Pa o li/ ,I K 1 �a n a Q o i 8 «oi 9uB01v,oEn foc rrou OF THE 5E- tls, OF TxE S.W_ (f4, q°TYE S.W. �/¢ of SECT J- d'L -Q2E � EAST LINE OF THE S.W. t / +. OG TiE S.W. ,/a NOO M's1'YY W r� J. a��mnD. ��gm I \iU 0 g � A nc Ta.cT -r o "o � o „�m nwAi) z o vow m " t - (R ______ uTaln Haom E H A . o f Y E - 1 L e s - N 0. 1 1 1 - _k _I 4 8z G 0 C L AT � 0 co a �z �� w 8 CENTC E. 1811 eve y i .y�o M0091u Ja1.12 «CAAIam) Noa9o'asT xl.,a' 0 +� N T fiAT UWTS (IECAL) 5 I !+ EA9T: 11MC Of THE S.W. t /r. Ci Or 1HE S.E. 1 /a, THE S.W. t/1 Oi SCCTOH ]- 515 -a2E� .5wa+•as' oRT«WEST G OR «' om �� Z NDT 4Ua Dl V /DED t /a, OF THE SE. 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O - _k —1 4 8z G 0 co a a dS.N'1BSVJ'1� y i .y�o M0091u Ja1.12 «CAAIam) Noa9o'asT xl.,a' 0 +� N T fiAT UWTS (IECAL) 5 I !+ EA9T: 11MC Of THE S.W. t /r. Ci Or 1HE S.E. 1 /a, THE S.W. t/1 Oi SCCTOH ]- 515 -a2E� .5wa+•as' oRT«WEST G OR «' P or TIC s.� � Z NDT 4Ua Dl V /DED t /a, OF THE SE. PT /OA'OF ]hIC S.E /fa, Df 1):63 f. t / <, OG SECTQV /r OF ,t- 525 -a2C 1 I I TMES W. 114 Of SiCT /LW �;{t5 -42E fA52L /Mf of TNf S.C.//1, 21 .5EC>.wl I D D� pS D O � O 1 O Z O p �� oL M 0— o° �1 D C) r C) O Z G) fTt O O Lr-� m 2 0 fYl Z Lo Z\ — Z rno tl- --I O =i L rn� Z C O D� � S L C, z o (n D °l ITt O' L OZ l. Z Z l� <rn r N O �_ rn OD D Exhibit #3 01- LDR -10 0 c o O > gt _ D p O. 4 3 N 0. O - _k —1 4 8z G 0 co Exhibit #3 01- LDR -10 Exhibit *4 0 1 -DA -10 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made and entered into as of the sZ _ day o 2003 by and between the City of Aventura, Florida a municipal corporation, ( "City ") and MERCO GROUP AT AVENTURA LANDINGS 1, INC., MERCO GROUP AT AVENTURA LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III, INC. (collectively "Owner "). RECITALS: 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; 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 WHEREAS, 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 "Applications "), with the City's Community Development Department; and WHEREAS, pursuant to the applicable City of Aventura 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. 185th 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 1 6 3 .3220 - 163.3243, Florida Statutes (the "Act "), and WHEREAS, the City of Aventura City Commission has considered this Agreement at public hearings held on July 1, 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 in compliance with all applicable laws, ordinances, plans, rules and regulations of the City, while 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 follows. 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 a ll 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 -of -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 nurnber 6i 1363) as a new 4 lane facility from Biscayne Boulevard (USl) to NE 28th Court (the "185 St. 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 approval for the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in accordance with the 185 St. Plans. Prior to issuance of the first certificate 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, "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 -10 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 contributions- in- lieu -of -fee pursuant to the applicable provisions of the Code and Metro -Dade Road Impact Fee Manual, and City agrees to provide all 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 established LOS standards. Furthermore, the City agrees that during the term of this Agreement, it shall provide and reserve c oncurr e ncy-r elated public facility capacity for the Project, 1Arithin the scope of the City's authority as a senTice provider. 7. Laws Governing this Agreement The City's laws and policies governing 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 otherwise 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 regulations. 9. Public Facilities and Concurrence 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 receipt 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 if the Owner fails despite all reasonable, good faith efforts to receive a "no 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 shall be automatically extended beyond the five year term m 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 Agreement 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 the termination date set forth above, subject to public hearing in accordance with §163.3225, 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, 4, and 5 above, 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 pasty 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 development, 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 under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement, and, 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 cooperation, 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, condition, 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. Cl 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 J 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 Club Drive Aventura, Florida 33180 With a copy to: City Attorney City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 If to Owner at: MERCO Group Inc. 5101 Collins Avenue Miami Beach, Florida 33140 With a copy to Jeffrey Bercow, Esq. Bercow & 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 Severability In the event any term or provision of this Agreement be determined by appropriate 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 hereof, 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 be 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 hereof, 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 Majeure "), shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. 0 Signed, sealed_, executed WITNESSES: ` >rI ,>l - , Prir{t Name: acknowledged this Z Z ' ' day v s 2003. MERCO T AVE TURA LA C. Print Nam Title: STATE OF I COUNTY OF The I regoijig instrument was acknowled ed before me by o i the of i -►-t m corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification. Witness my signature and official seal this day of u 2003, in the County ante esa' N My Commission Expires: [a to � V MY won DD032206 ExPW June 07 2006 J 9 MERCO GRO LANDINC>8f] D y = --- -- f r Print Name. Title C ON" STATE OF COUNTY OF The foregoing instrument was acknowled d before me by the fPSi of h le rp tion, on behalf of the corporation. He /She is personally known to me or has produced as identification. Witness my signature and official seal this day -f 2003, in the Cc My Commission Expires: �' Z" vWM ' My Cartmu.�on DD032208 E"" June 07 2006 of 10 tom: �• IN rM Print nt N Title: STATE OF r COUNTY OF The oregoi g instrument was ackr_gwled d before me by the r� �z�P of 44 corp ation, on behalf of the corporation. He /She is pers ally known to me or has produced as identification. Witness my signature and official seal o his ' day of IF 2003, in the County ate af id. My Commission Expires: to, Z°C° nm Mc«m� issian floos22oe EXP' ft Me 07 2005 Attest- CITY OF AVENTURA, FLORIDA By. u By: eresa o Cler Eric Soroka, C 11 WITNESSES: (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 Z _Z A 4 1 day of August, 2003. x RAUL CASARES Address: 7 2 6 IfAformsl)oinder by Mongagee - carat s W22/03)j (Space reserved for Clerk) MATE O F loo COUNTYOF 1�)jdL T'llp foregoing instrument was acknowledged before me by who is✓ersonally known to me or has produced identification. Witness my signature and official seal this r in the County and gate aforesaid. My Commission Expires ��►►* Zayda V ar" MY cOMMAMOn a IY Expires June 07 20os � q , [tUonni..ninder by Mortgage - Coarse (a/22M)] EXHIBIT A Legal Desionplien Tract "A ": The North 310.86 feet, cf the following described property A portion of the Southwest 1/4, of Fractional Section 3, Township 52 South, Range 42 East, Miam —Dade County, Florida, being more porticulcriy described as follows: Begin at the Southwest corner of the Northwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Fractional Section 3: thence N89deg59min26secW, along the South line of the Northeast 1/4, of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdegOlmin45secE for 310.86 feet to a point on o curve (said point bears SOOdeg08minl5secW from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left ( concave to the Northeast), having a radius of. 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency. thence S89deg58minl5secE, along a Ice parolle with and 20.00 feet South of as measured at right angle to the North line of the South 1/2, of the Northwest 1/4 of the Southeast 1/4, of the Southwest 1/4, of said Section 3, for 431.94 feet: thence S0OdegO0min45secW, along the Westerly Right —of —Way line of N.E. 28th Court and its Southerly prolongation as recorded in Official Records Book 6088, Page 16C of the Public Records of Miami —Dade County. Florida, for 760.62 feet: thence N89deg59min25secW, along a line parallel with and 449.97 feet South of, as measured of 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, for 346.67 feet; thence NO0deg46min52secW, along the East line of the Southwest 1/4, of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami —Dade Cauniy, Florida. TRACT "B ": The South 449.91 feet, of the following described property A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami —Oode 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 of said Fractional Section 3; thence N89deg59min25secW, along the South fine of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet: thence N00deg0lmin45secE for 310.86 feet to a point on a curve (said point bears SO0deg08minl5secW from the radius point of the next described circular curve); thence Southeasterly; along a circular curve to the left (concave to the Northeast), having a radius of 694.69 feet and a central angle of 00deg06min30sec for an arc distance of 1.31 feet to a point of tangency, thence S89deg58minl5secF— along a line parallel with and 20.00 feet South of as measured at right angles to, the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence S00dgC10min45secW, along the Westerly Right —of —Way line of N.E. 28th Court and its Southerly prolongation as recorded in (Official Records Hook 6088, Page 160 of the Public Records of Miami —Dade County, Florida, for 760.62 feet: thence N89deg59min25secW, along a line parallel with and 449.91 feet South of, as measured at right angles 10 the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet, thence N00deg46min52wW, along the East line of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami —Ocde County, Florida. TRACT "C" A portion of the East './2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of F cc] ct ion at Section 3, Township 52 South, Range 42 Eost. Miarrni -Dade County, Rcrido, being more particularly described as follows: Commence of the Northwest corner of the East 1/2 a( the Southwest 1/4 a( the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3: thence run S along. the North boundary.. o{- -Y the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, a distance of 90.17 - feet to the point of intersection with East Right -of -Way boundary of Northeast 28th Court as described in that certain Right -of -Way Deed to Dode County, flied on September 10, 1968, in Official Records Book 6088, Page 160 of the Public Records of Miami -Dade County, Ronda, being the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence run S00deg00min45secW along the aforesaid described line, a distance of 361.28 feet to the point of intersection with a line that is 300.00 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run N89deg57min54secE oicng the last described line, a distance at 2Cd.28 feet to a point, said point being 4175 feet West of the East boundary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/ 4 of said fractional 3; thence run NOOdegOOmin45secE along o line that is 200.28 feet East of and Parallel to the said Cost 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 N89deg59min25secW along the lost described fine, a distance of 200.28 feet to the POINT OF BEGINNING ROAD TRACT: Thot portion of a 70.00 feet wide Right -of -Way for N.E. 28th Court as described in Official Records Book 6068, at Page 16C of the Public Records of Miami -bode County, Florida, lying South of the North line of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of Section 3, Township 52 Range 42 East, City of Aventura, Miami -Dude County, Forido. ALSO KNOWN AS: A portion of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami -Dade County, Florida. being more particularly described as follows: Commence at the Northwest corner of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Section, 3; thence S89deg59min25secE, along the North Line of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Section 3, for a distance of 20.17 feet to its intersection with the West Right- of -Wey Line of Northeast 28th Court, as described in that certain Right -of -Way Oeed to Miami -Oede County, filed on September 10th, 1968, in Official Records Book 5088, Page 160 of the Public Records of Miami -Oode County, Florida, said point also being the POINT OF BEGINNING of the hereinafter described Parcel of Land; thence continue S89deg59min25secE, along the lost described line, a distance of 70.00 feet to its intersection with East Right- of -Woy Line of said Northeast 28th Court; thence SOOdeg01min45secW, along said East Right -of -way Line of Northeast 28th Court, for 449.95 feet; thence N89deg59min25seeW for 70.00 feet to its intersection with said West Right— of—wa Line of Northeast 28th Court; thence NOOdegClmin45secE, along seid West Right —of —way Line of Northecst 28th Court, for 449.95 feet to the POINT OF BEGINNING. LESS: A portion of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4 of Fractional Section 3. Township 52 South. Range 42 Eest, Miami —Code County, Flordo, being more particulorly described as follows - Commence at the Northwest corner Of the East 1/2, of the Southwest 1/4, of the Southeast 1/4, of the Southwest 1/4, of said Section 3; thence S89deg59min25secE. along the North Line of the East 1/2, of the Southwest 1/4,. of the Southeast 1/4, or the Southwest 1/4, of said Section 3, for a distance or 90.17 feet to its intersection with the East Right —cf —Way Line of Northeast 28th Court, as described in that certain Right —of —Way Oeed to Miami —Dade County, Filed on September 10th, 1968, in Official Records Book 6088, Page 160 of the Public Records of Miami —code County, Florida. thence S00deg01min45secW, along the last. described fine for 36i_33 feet to th OF BEGINNING of the hereinafter described Parcel of Land, thence SO0deg01min45secW for 88.62 feet: thence N89deg59min255ecW for 35.00 feet: thence N00deg01min45secE for 88.60 feet. thence N89deg57min54secE for 35.00 feet to the POINT OF BEGINNING. Containing 28,395.07 Square Feet 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 185 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 RMF3A zoning district regulations. Proposed maximum height is 3 stories or 35 feet. Condominium Parcel (North of Proposed NE 185 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 Rhg4 zoning district regulations. Proposed maximum roof height is 18 stories or 186' - 6 "_ Lofts Parcel (South of NE 185 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". Out (South side of NE 185 Street, on northwest side of Town-home Parcel). The outparcel is .284 acres in size. Proposed development of the outparcel is for a swimming pool, clubhouse, entry feature and guest parking_ No residential development is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. EXHIBIT 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 other governmental entities as may presently operate public transportation services within 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 facilities owned or operated by the Miami -Dade Public Schools District, and shall be serviced by those existing parks and recreational facilities located in Aventura 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 Community 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 AVENTURA 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 Von 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 "B" 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(13), 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 "Lofts 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 "B" 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 Weinberg, who moved its adoption on first reading. This motion was seconded by Vice Mayor Stern and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED on first reading this 6 t " day of July, 2010. Ordinance No. 2010 - Page 4 PASSED AND ADOPTED on second reading this 5 day of October, 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 Clerk Ordinance No. 2010 - Page 5 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 ") . RECITALS: 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 28 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 townhomes on the "Townhome 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, ll, 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 by revising paragraph 11 to extend the termination date from February 2, 2010 to August 2, 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 day of , 2010. CITY CITY OF AVENTURA, FLORIDA Attest: 0 Teresa Soroka, MMC City Clerk Eric M. Soroka, ICMA -CM City Manager Ordinance No. 2010 - Page 8 OWNER WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI -DADE MGAL REPH I, II, III, LLC in Print Name: Title: 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 C _ Z C LLI r 'aa LL. C 02 V C N L (d to a) a O Z N r d C N O U CD CD 'It -e CO to N M v ° 3 V— w O IX m L. m E Z CL E o H p W N O Q S Co U r 0 N N 0 4) • 4=0 M t� a THE MIAMI HERALD I M.-Herald.rom WORLD AI FRIDAY, SEPTEMBER 24, 2010 1 19A IRAQ Fallujah raid highlights mistrust in Iraq The official account of what happened during a joint US. -Iraqi raid in FaRujah recently instill under wraps as Iraqi authorities opened a probe into the attack. BY BRIAN MURPHY AND DAYA ASUL -2AHRA assorated Press BAGIEDAD — Fora few hams last week, a part of Fallujah was a flashback to the depths of the Iraq war when insurgents ruled the city and its streets were shooting galleries. During sin afternoon raid, w amen e— h—gged fire with American and Iraqi ran commando Pan- Pa !eked civilians for er or grabbed weapons of their own. Iv [he end mng Counc I leaders "partnered csmter- terror" claimed that the Iraqi com- operation under the manders did not inform authority of the Iraqi gov- them in advance and ernment. "Since the Iraqi accused Iraqi -led forces of government has opened an reckless tactics that put investigation into the oper- civilians in the crossfire. ation, it would be msppm- A statement by Fallu- priate for us to go into any jah's Municipal Council further details;' he said in aged the raid a "terrorist an e-mail to the AP. operation... motivated by Iraqi security officials the deep hatred of this city said the target of the raid and its people' — a refer was a top al Qaeda opera - reto the simmeringdis- five known as Abu lb s- trust between Iraq's Sunnis him, who is believed to and the Shute majority that have taken over many stra- took power after the U.S.- tegic decisions for insur- Led invasion gems following an airstrike Sheik HaBe Mishhin, a in April that killed two 'or Awakening Council ah Q da in Iraq leaders leader in Fallujah, cram- A joint team — Iraqi piained that Iraqi forces police and army and Amer - didn't respect Fallujah tan special forces — was from both tribal and legal" quickly pm together under codes by allegedly failing Iraqi command after a tip the death count included in caw r+wnnr to bring local security thmibrabim was hiding in least f suspected insur- PROCESSION: Mourners carry the coffins of people killed during a joint forces and clan leaders a esidential aza ofsouth- gents and seven civilians U.S. -Iraqi raid in Fallujah on Sept. 15. The civilian death toll remains unclear. into the loop on the raid m Fallujah, the officials — perhaps more — during The U.S. military pro- said. The unit came uvdm an attempt to catch an vided special forms along- heavy fire as it neared the alleged key tactician for high risk, to assist Iraqi could chip away at Iraq's unable to form a new g— side the Iraqi units, butde- suspected hide -out and al Qaedafn Iraq. commanders who are urity networks. That ernmenl. IAils have not been was pinned down for about The target got away. struggling with shortfalls could mean calls by Iraq The Sunni anger was disclosed. 90 minutes. The civilian The official reckoning in areas such as commas- for wider US. military sup- particularly biting after Col. Barry Johnson, a death toll remains unclear of what happened Sept. 15 dostyle assaults and Intel- port even as the Pentagon last week's Fallujah fight. U.S. military spokesman in and could account for the is still under wraps. Iraqi ligence gathering. seeks to complete its pull- Sunni officials and Awak- Baghdad, described it m a slow disclosures by Iraqis. authorities have opened an On the military side, out by the end ofnert year. in estigatien and the US. Fallujah represents the Sunni officials in Fail - military declined to give worries of an insurgent jah — and across the Sun - details unfit the inquest is rebound. It was once a ni- dominated Anbar prov- completed on the raid — stronghold of Sunni mili- ince — increasingly allege some of the first major taints — led by al Qaeda in that they are being side - ground fighting for U.S. Iraq — and the scene of lined by the Shiite -led troops since President Bar- intense block -by -block authorities in Baghdad. 1 New Acceptuj hatersatiwal 5tadeem Degree Programs ack Obama declared an combat with U.S. troops in The complaints often rites a xluslareylps to those t,te gga9fy a AAPueSchool Education end to combat opestions 2004 before local militias loudest from the Sunni Preclool Education A muvive —ty a BA S P� e than three weeks joined the fight and sheiks and their militia far ago, uprooted militant bases. Lions, sometimes known asmu9 a Master %Dag —in Pr�- School offe a dash language Education But accounts by Iraqi There are signs, how- Awakening Councils, that BA.Gmphfc (Fbgash/Spamish) mationion. a Design ecurity officials and nth- ever, that insurgents me joined the U.S. -led fight at a BA. Business s to The Associated attemptingeoclawbaekin the height of the insur- vocational Diploma Programs a 0— weekdays and Saturdays Press lay bare the rifts that the city they once con- gevcy f years ago. a Highly quailed professors a IMratlu teary Raltl Care still plague Iraqi society — trolled about 40 ndles west The Sunni suspicions including deep suspicion of Baghdad On Sunday, a also have received a boost between Sunnis and Shi- suicide car bomber struck from Iraq's political limbo a Financing options available 'Ran'ng Program 40 a Florida Child Care Prafmlonal ices ant the resiliency of an an Iraqi army patrol in the since March elections. A Credential Program insurgency that remains 6tys busy commercial dis- Sunni - backed coalition led unbeaten and could yet trio, killing one soldier by former Prime Minister maria vargas AccmdU d I"i draw American troops into and at le t lour civilians. Ayad Aliawi narrow =fie mbat. Fallujah also under- defeated a bloc headed by U N I V E [2 6 I T Y The raid also shows that scores the Srnni-Shite dis- Shiite Prime Minister — - Bait- A50 -yMyU s ss4 - aza -Nan U.S. forces can still be put cord that ripples through Nouri al Maliki, but on tbe front lines, and at all levels in Iraq — and infighting has left Iraq earos. P'h"U""e't'v "'I° °tie P°°aa, n'3su25 4,,y www.yMVU.com CITY OF AVENTURA n NOTICE OF HEARING OF ' LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Public Notice is hereby given that the Aventura City Commission, sitting as the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, October 5, 2010 at 8:00 p.m. to review and recommend adoption of the following Ordinance to the City Commission: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE FLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CRY OF AVENTURA 2010/11- 2014/15 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERASILRY; PROVIDING FOR INCLUSION N THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider on first reading at a public hearing the Amendment to the Comprehensive Plan by Ordinance described above and will again consider the above described Ordinance for adoption � after second reading on Tuesday, November 9, 2010. The above described Public Hearings will all be held in the City '.. Commission Chamber at City of Aventura Gov emment Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearirgs and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act 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) 466-8901, 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 arry 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 is to be based. September m I october3 EXCEPTIONAL D(CEPMNAL PRICES FOR All YOUR DECORATWG DREAMS w warao - was�ws 7 - nw eu nsas,s J Design For you I Teresa M. Soroka, MMC, City Clerk