01-06-2004
City Commi_ino
Jeffrey M. Perlow, Mayor
A~e City of
~ventura
.~.
~~
#,."".,,'
City M"n."..,.
Eric M. Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
City Clerk
Teresa M. Soroka, CMC
City AItvrnV
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
JANUARY 6, 2004 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS:
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Comrrrission's agenda are
quasi.judicia1 in nature. If you wish to object or comment upon any of these items, please inform the Mayor when he requests
public corrunents. 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 swom, 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.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-
70 WHICH HAD GRANTED CONDITIONAL USE APPROVAL
TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH
RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN
OTHER THAN MEDITERRANEAN STYLE AND A TRANSFER
OF DENSITY ON 0.344 ACRES FROM LAND TO BE
DEDICATED TO THE CITY OF A VENTURA; FOR PROPERTY
LOCATED AT 3029 NORTHEAST 188TH STREET; BY
AMENDING THE CONDITION CONCERNING THE
DEADLINE FOR OBTAINING A BUILDING PERMIT TO
IMPLEMENT THE CONDITIONAL USE APPROVAL, BY
ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-70 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-70; AND
PROVIDING FOR AN EFFECTIVE DATE.
Il11111l1lj' 6, 2004 ('nmmUoim Meeting
B. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-
71 WHICH HAD GRANTED CONDITIONAL USE APPROVAL
TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH
RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN
OTHER THAN MEDITERRANEAN STYLE AND A TRANSFER
OF DENSITY ON 1.216 ACRES FROM LAND TO BE
DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY
LOCATED AT 3131 NORTHEAST 188TH STREET; BY
AMENDING THE CONDITION CONCERNING THE
DEADLINE FOR OBTAINING A BUILDING PERMIT TO
IMPLEMENT THE CONDITIONAL USE APPROVAL, BY
ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-71 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-71; AND
PROVIDING FOR AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Matters ineluded 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 ITom the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
November 20, 2003 Commission Meeting
November 20,2003 Workshop Meeting
December 15, 2003 Commission Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED PURCHASE AND
SALE AGREEMENT BETWEEN THE EXOTIC GARDENS, INC.
AND THE CITY OF A VENTURA FOR THE PURCHASE OF SIX
ACRES ADJACENT TO WATERWAYS PARK FOR THE
PURCHASE PRICE OF $3,800,000; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute Purchase and Sale Agreement from
Gulfstream for six acres to be utilized to expand Waterways Park)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING THE CITY OF
A VENTURA 2004 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
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Il11111l1lj' 6, 2004 ('nmmi...... Meeting
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Approves and adopts 2004 Legislative Program and Priorities)
D. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
THE DEDICATION OF RIGHT OF WAY KNOWN AS
TURNBERRY WAY IN THE CITY OF AVENTURA;
AUTHORIZING CITY MANAGER TO OBTAIN DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION;
PROVIDING FOR EFFECTIVE DATE.
(Authorizes acceptance of Tumberry Way dedication)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY
SERVICES ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
(Provides for appointment of members to the Community Services
Advisory Board)
F. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-034A FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON AND
ASSOCIATES, INC. TO PREPARE SPECIFICATIONS AND BID
DOCUMENTS FOR THE PREPARATION OF AN
ENVIRONMENTAL REMEDIATION PLAN FOR THE
DEVELOPMENT OF WATERWAYS PARK FOR THE AMOUNT
OF $122,000.00; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute work authorization for preparation
of specifications and bid documents for an environmental remediation
plan for the development of Waterways Park)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE
SESSION; PROVIDING FOR EFFECTIVE DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
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Il11111l1lj' 6, 2004 C............ Meeting
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING ARTICLE VI
"LOBBYING ACTIVITIES" OF CHAPTER 2
"ADMINISTRATION," BY REPEALING ALL OF ARTICLE VI,
CONSISTING OF SECTION 2-371 THROUGH AND INCLUDING
SECTION 2-377, EXCEPT FOR SECTION 2-375 "PENAL TIES,"
AND ADOPTING A NEW ARTICLE VI "LOBBYING
ACTIVITIES" TO CONSIST OF SECTION 2-371 "LOBBYISTS"
AND SECTION 2-375 "PENALTIES" OF CHAPTER 2
"ADMINISTRATION," BY ADOPTING SECTION 2-11.1(S) OF
THE MIAMI-DADE COUNTY CODE CONCERNING
LOBBYING, AS MODIFIED HEREIN; PROVIDING FOR
RELATED FEES AND OTHER PROVISIONS CONCERNING
LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE BY ENACTING A NEW POLICE
PENSION PLAN AND TRUST FUND; PROVIDING TERMS FOR
IMPLEMENTATION: PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-06, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE
A VENTURA CHARTER ELEMENTARY SCHOOL FOR FISCAL
YEAR 2003/04 (JULY 1 - JUNE 30) BY REVISING THE 2003/2004
FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN
EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
A VENTURA FOR FIVE (5) PARCELS OF LAND ON THE WEST
SIDE OF BISCAYNE BOULEVARD FROM MO, MEDICAL
OFFICE DISTRICT TO Bl, NEIGHBORHOOD BUSINESS
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
4
Il11111l1lj' 6, 2004 ('1III111IioIim Meeting
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-144(t), MO DISTRICT, TO PROVIDE
FOR REVISED SETBACKS, LOT COVERAGE, OPEN SPACE
AND MINIMUM LOT SIZE, ADDITIONAL CONDITIONAL
USES, STREETSCAPE DESIGN STANDARDS AND URBAN
DESIGN STANDARDS FOR THOSE LANDS LYING BETWEEN
NE 206 STREET TO THE SOUTH, NE 209 STREET TO THE
NORTH, NE 28 AVENUE TO THE EAST AND EAST DIXIE
HIGHWAY TO THE WEST; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTION - PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AMENDING RESOLUTION NO. 97-
35 AND RESOLUTION NO. 98-05 TO REVISE THE FEE
SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND
ZONING APPLICATIONS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE.
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
JANUARY 22, 2004
10 A.M.
COMMISSION MEETING
FEBRUARY 3, 2004
6 P.M.
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 acconunodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to 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. Agenda items maybe 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.
5
oHf~H~o
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ATTOR~EYS AT LAW
n~~~lo
Clifford A. Schulman
(305) 579.0613
Direct Fax: (305)961-5613
E.Mail: schulmanc@gtlaw.com
December 18,2003
VIA FACSIMILE: 305-466-8919
Mr. Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Re: Request to Modify the Conditional Use Approvals for the Atrium at
Aventura and Uptown Lofts
Dear Mr. Soroka:
We represent Investura, LLC, the developers of Uptown Lofts, and Venaventura, LLC,
the developers of the Atrium at Aventura, in the above referenced matter. As you may remember,
the Aventura City Commission approved the conditional use applications for each of these
developments at its meeting of October 7, 2003 by adopting Resolutions 2003-70 and 2003-71
(copies attached). A condition of each approval was that permits for construction be obtained by
each developer within 12 months of the approval. While this is a standard condition of most
conditional use approvals, Section 31-73 of the Aventura Code of Ordinances allows the
Commission the discretion to modify that time frame by approving resolutions. As you know,
these conditional use approvals were different than most others in that both applicants, Investura
and Venaventura, proffered, and the City accepted, the permanent conveyance of a parcel of land
located at 3025 N.E. 18Sth Street for use by the City for any municipal purpose (the "Municipal
Site") as a condition of each approval and that proffer was accepted.
Due to the considerable value of the land which is being conveyed to the City, withoul a
time limitation, we respectfully submit that neither Investura's or Venaventura's conditional use
approvals should expire within the standard 12-month time frame. In terms of real estate
development, 12 months is a relatively short period of time and it would be inequitable if, after
the City has received title to the Municipal Site, either Investura or Venaventura is deprived of
its development approvals simply because the 12-month time period has lapsed while the City
would maintain permanent ownership of the transferred site. Our lenders have questioned the 12-
month period and the extension is needed to clear title for the Municipal Site to be transferred to
the City.
GREENBERG TK..\LHIG, P,i\..
1221 HRICKHLAVENlIE MIAMI_ FI.ORIIlA 33131
305-579-0500 FAX 305.579-0717 www.gtIaw.eom
AMSTERDAM ATLANTA BOCA RATO~ BOSTON CHICAGO DENVER FORT L.-\UllEHDALt: Los ANGEI.F.S MIAMI NEVi JERSEY NEW' YORK OUJ...\NllO
PIIII.,HlEI.i'IIL\ PIIOI.;:\JJX T..ULAIIASSEE Tys()~s CORNEl{ WASIIINGTO!\, D.C. WEST PALM BE-\CII WrLMII'd;T()~ ZelllCII
December 18,2003
Page 2
We respectfully request that the City Commission modify the above referenced
Resolutions so that both Investura and Veneventura be granted three (3) years in which to obtain
building permits for each of their respective projects. Please schedule this matter for the January
6, 2004 meeting of the Aventura City Commission. If you have any questions or need to discuss
this issue further, please contact me at 305-579-0613. Thank you for your attention to this matter.
Sincerely,
~r~(~"~~'-'. ~
.iJ..if"- Clifford A. Schulman
cc: David Wolpin, Esq.
Ms. Joann Carr
Mr. Enrique Feldman
Mr. Sami Shiro
Mr. Paul Hariton
Mr. Claudio Stivelman
Mr. Gilbert Benhamou
GREENBERG TRAURIG, P.A.
1rJ.-~
RESOLUTION NO. 2003- 70
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND ATRANFER OF DENSITY
FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO
THE CITY OF AVENTURA; FOR PROPERTY LOCATED
AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF3B, Multi-Family
Medium Density Residential District and
WHEREAS, the applicant, through Application No. 05-CU-03, has requested
conditional use approval to permit an eleven story, 129 foot high residential building
with an architectural design other than Mediterranean style and a transfer of density for
0.344 acres from land to be dedicated to the City of Aventura in the Multi-Family
Medium Density Residential District; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 05-CU-03 for conditional use approval to permit an
eleven story, 129 foot high residential building with an architectural design other than
.,
Resolution No. 2003- 70
Page 2
Mediterranean style and a transfer of density for 0.344 acres from land to be dedicated
to the City of Aventura in the Multi-Family Medium Density Residential District on
property located at 3029 NE 188 Street and legally described in Exhibit "A" to this
resolution is hereby granted, subject to the conditions in Section 2.
Section 2. The approvals granted in Section 1 above are subject to the
following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Uptown Marina Loft at Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp
Architects Interior Designers, dated 5/09/03, revised 07/01/03, signed and sealed
07/24/03.
. "Uptown Marina Lofts", Boundary Survey, Sheet 1 of 1, prepared by Fortin Leavy
Skiles Inc., dated 7/17/03, revised 06/09/03, signed and sealed.
. "Uptown Marina Loft at Aventura", Project Data Sheet, Sheet i, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Site Plan, Sheet A-O, dated 5/09/03, revised
7/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Level 1 Lobby, Sheet A-1, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Leve.1 2 Parking, Sheet A-2, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Av~ntura", 3rd Level Lanai, Sheet A-3, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Level 4, Sheet A-4, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Levels 5-11, Sheet A-4.1, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Main Roof Deck, Sheet A-5, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
Resolution No. 2003- 70
Page 3
. "Uptown Marina Loft at Aventura", Roof (Machine Rooms), Sheet A-6, dated
5/09/03, revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Elevations, Sheet A-7, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Elevations, Sheet A-8, dated 5/09/03, revised
07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Typical Units, Sheet A-9, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Common Areas, Sheet A-9.1, dated 5/09/03,
revised 07/01/03, signed and sealed 07/24/03.
. "Uptown Marina Loft at Aventura", Typical Units - Level 4111, Sheet A-10, dated
5/09/03, revised 07/01/03, signed and sealed 07/24/03.
· "Uptown Marina Loft at Aventura", Conceptual Paving, Drainage, Water and
Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 5/5/03,
revised 07/01/03, signed and sealed 07/28/03.
. "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-1, prepared
by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
. "Uptown Marina Loft at Aventura", Landscape Plan, Drawing No. L-2, prepared
by Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
. "Uptown Marina Loft at Aventura", Landscape List, Drawing No. L-3, prepared by
Witkin Design Group, dated 12/18/02, revised 02/26/03, 07/01/03, 07/16/03,
signed and sealed 07/23/03.
. "Uptown Marina Loft at Aventura", Promenade Details, Drawing No. L-4,
prepared by Witkin Design Group, dated 12/18/02, revised 07/16/03, signed and
sealed 07/23/03.
2. Building permits shall be obtained within twelve (12) months of the date of this
conditional use approval, failing which this approval shall be null and void unless
extended by motion of the City Commission.
3. Any discontinuation of an approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional
use.
Resolution No. 2003- 70
Page 4
4. Within sixty (60) days of the date of this approval, the applicant shall:
(i) dedicate to the City for educational, recreational or cultural municipal purposes,
that parcel of land measuring 1.56 acres in size lying on the north side of NE 188
Street adjacent to the proposed Atrium residential development, as described in
Exhibit A, in a form acceptable to the City Manager and City Attorney.
(Ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of
Title binding this property with the proposed. Atrium residential site, in form
acceptable to the City Manager and the City Attorney and filed at the applicant's
expense in the public records of Miami-Dade County.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Robert Diamond
Commissioner Ken Cohen
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
no
yes
yes
no
yes
absent from the room
Resolution No. 2003- 70
Page 5
PASSED AND ADOPTED this 7'h day of October, 200 .
SSMAN, VICE MAYOR
APPROVED AS LEGAL SUFFIC~CY:
~~~
CITY ATTORNEY
. 2003.
tXHIl::$\ \ #A
05-CU-03
Parcel A:
Corrvnencc at the center of Section 3. Township S2 South. Range 42 East., Dade County. Florida; thence N89'SO'SS-W olonq the Hoeth G.ne of th
Southweri 1/4 of the said SeeGon 3. (or Cl' distance of 670.26 feet to the Northwcst, comer of the East 1/2 of lhc: Northeast 1/4 of the M
of tho ..., S<cIioo 3; thence $OO"39'ZS"t. along !he West line 01 tho East 1/2 of the Northeast 1/4 al the SoYUIwat 1/4 01 t!I< WIl S<<:Ilon .
_ 0( 1107.11 feet: thence N89'20'3S"E f..- 0 cl"d\anc. 0( 688.2.3 feet; _ NOO"39'25"W I.,.. a distonee or 35,00 f..~ thence N69'20'J5-i
d'ct.anol of 156.52 feet to the POCHT Of 8E~HNIHC of the parcel of kJnd and welcr herein described: Ulenc:c NOCT39'2S-W (or Q di2'taC\ec of ~n...;
to CI point 0C'l the ccnteriine of a eanal; thcnoc $89"56'45"'[ along the centcrGne of a ccnol for 0 distClnce of 14-0.012 feet thence SOO'39'2St: f
cf...tanec of 320.522 feet; thence S89"20'J5"'W (0( a distance of 1040.00 feet to the POINT Of BEGINNING.
AND
Parcel B:
A portioo of the ~ '(2 of SccUon J. Township S2 South, Range 42 East.. Code County, Florida: being more particcAorly deseribed as (oGon:
Comtnoncc at the center of saki Section 3: theooe N89"SO'SS'"W along Ule Noeth line of the Southwest 1/4 of aoicl .Seetton 3. for 670.2.6 fc~ ttI
__ __ at II>< East 1/2 at the _st 1/4 at the South.est 1/4 at ..., $cellon' 3; then<< $OO"39'ZS"E along the West line 01 the ,
0( tho IIo<1Most 1/4 at the South_ 1/4 of aaId Sectlon 3. Ia< 1107.11 leet: _ N89'20'35"E Ia< 498.41 leet: thence 1IOO'3i'ZS'W Ia< 35.'
... tho I'OlNT OF Il€ClNNlNC .al a porco( al land Gad wa\ec' ......_ d.._ lhenco N89'2O'35"E Ia< 3%.34 leet _ 1IOO'39'ZS"W Ia< 322.
to . poW. OCt the conterGnc of . canal .4.~ (-.aid oanoI .ttumcnt recot6cd 1n otrteiaC Records Boc* 1850 at PoqG ~. P1Ibtie Rccofd. of [
~. F\odda:): tnenc. NS!T56'~ CISon9 the ~ne of aoid canaC eann.em. for ~S..sg feet; thence: SOO"03"1S-W cdong the Wed. Me of ~id
MUment. (0( G2...50 foet to the Southwest comer of *<Ild canol ~t; thence SOO"39"2S-r fO( 2.6-4.05 feet to Ute PO<<;f OF BECltrNIHC.
AND
Parcel c:
Comm4nce at the =to< of _ 3. T""""",,, 52 South. Rano. 42 Easl. Ood< Co<Mttr. Flo<Ida; _ North 89'50'55" West, aIonq the _ u.
the $.outhwout '1" of the .old $cc:tion 3. fOf a cr..tancc of 610..26 feet to the Ncx1hwe'st. comer of the East 1/1 of the Northocst 1/4 of the S.
1/4 0( tho oald _ 3; _ South 00"39'25"East, along the West (no of the East 1/2 01 the Northe<lst 1/4 01 \he Southwest 1/4 of the
_ 3. fa< a c!".d4_ of 1107.11 1M\: Iflonoo _ &9"20'35" East fa< a c!"d\anca of 688.2.3 feet: Iflonoo _ 00"39'25" weat Ia< . cl"d\al>c
fM\: thoonco _ 89'20'35" East fa< . -.,. of 2llG.S2 leet ... the PaInt of Beginning at the pored of lond and waI<< ......... d.. :It.<d; then
.00'39'2:5" woot fa< a .roolGnoe at 320.522 leet ... a paint ... tho Cent<< (no at a caoaf; thence South 89'56'45" Easl. along the eenioe< line 01 a
foe' . ~ 0( HO.Dt2. fMt; thenQe South. 00'39'25- East f()("" a d'"1Stonee of 318.7M feet; thence South 89"2.0'35- West fOC' G cr~ of 140.
fA thI f'vint of &eQb-:ng_ The obow de:a<:ribed pored of \and and water 1:1 MIb}tct to an casemenl oYer Ule North 62..5 feet thereof. Said land"
b<no and belnq In ba<lo Coon.", Florida. .
ANI;>
A portion of Tract N of MARINA DEL REY REVISED according to the plat thereof, as
recorded in Plat Book 144 at Page 89 of the Public Records of Miami-Dade County,
Florida and being more particularly described as follows:
Commence at the Northwest corner of said Tract N; thence South 02024'12" East along
the West line of said Tract N for 326.46 feet; thence North 87030'00" East along the
South line of said Tract N for 211.62 feet to the Point of Beginning of the hereinafter
described submerged parcel; thence South 02030'00" East along the West line of said
Tract N for 62.50 feet to the most Southerly Southwest corner of said Tract N; thence
North 87030'00" East along the South line of said Tract N for 625.78 feet; thence North
03011'40" West for 87.37 feet; thence South 87030'00" West along a line parallel with
and 87.36 feet North of said South line of Tract N for 519.10 feet; thence South
02030'00" East for 38.15 feet; thence South 87030'00" West along a line parallel with said
South line of Tract N for 11.20 feet; thence North 02030'00" West for 13,29 feet; thence
South 87030'00" West along a line parallel with and 62,50 feet North of said South line of
Tract N for 94.42 feet to the Point of Beginning.
Said submerged parcel lying and being in the City of Aventura, Miami-Dade County,
Florida and containing 51,847 square feet or 1.190 acres more or less.
~~
RESOLUTION NO. 2003- 71
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDITIONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND A TRANFER OF DENSITY
ON 1.216 ACRES FROM LAND TO BE DEDICATED TO
THE CITY OF A VENTURA; FOR PROPERTY LOCATED
AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned RMF3B, Multi-Family
Medium Density Residential District and
WHEREAS, the applicant, through Application No. 06-CU-03, has requested
conditional use approval to permit an eleven story, 135 foot high residential building
with an architectural design other than Mediterranean style and a transfer of density for
1.216 acres from land to be dedicated to the City in the Multi-Family Medium Density
Residential District; and
WHEREAS, fOllowing proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 06-CU-03 for conditional use approval to permit an
eleven story, 135 foot high residential building with an architectural design other than
Resolution No. 2003- 71
Page 2
Mediterranean style and a transfer of density for 1.216 acres from land to be dedicated
to the City of Aventura in the Multi-Family Medium Density Residential District on
property located at 3131 NE 188 Street and legally described in Exhibit "A" to this
resolution is hereby granted, subject to the conditions in Section 2.
Section 2. The approvals granted in Section 1 above are subject to the
following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "The Atrium at Aventura", Site/Roof Floor Plan, Sheet A-1, prepared .by Schapiro
Associates, dated 02/20/03, revised 2/21/03, 3/20/03, 6/25/03 and 7/19/03,
signed and sealed 07/20/03.
. "The Atrium at Aventura", Level 1 - Ground Floor Plan, Sheet A-2, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Level 2 - Parking Floor Plan, Sheet A-3, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
· "The Atrium at Aventura", Deck Level - Third Floor Plan, Sheet A-4, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Level 3A - Deck 2nd Floor Plan, Sheet A-5, prepared
by Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed
and sealed 07/20/03.
. "The Atrium at Aventura", Level 4 - Floor Plan, Sheet A-8, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
. "The Atrium at Aventura", Typical Floor Plan, Sheet A-7, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
· "The Atrium at Aventura", Penthouse Floor Plan, Sheet A-B, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Penthouse 2nd Floor Plan, Sheet A-9, prepared by
Schapiro Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03,
signed and sealed 07/20/03.
Resolution No. 2003-71
Page 3
. "The Atrium at Aventura", Exterior Elevations, Sheet A-10, prepared by Schapiro
Associates, dated 02/20/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and
sealed 07120/03.
. "The Atrium at Aventura", Exterior Elevations, Sheet A-11, prepared by Schapiro
Associates, dated 02120/03, revised 2/21/03, 06/25/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", BUilding Sections, Sheet A-12, prepared by SChapiro
Associates, dated 02/20/03, revised 2/21/03 and 7/19/03, signed and sealed
07/20/03.
. "The Atrium at Aventura", Level 3, Enlarged Plan, Sheet A-13, prepared by
Schapiro Associates, dated 02/20/03, revised 2120/03 and 7/19/03, signed and
sealed 07120/03.
. "The Atrium at Aventura", Deck 2nd Floor, Enlarged Plan, Sheet A-14, prepared
by Schapiro Associates, dated 02120/03, revised 2/20/03 and 7/19/03, signed
and sealed 07/20/03.
. "The Atrium at Aventura", Typ. Floor, Enlarged Plan, Sheet A-15, prepared by
Schapiro Associates, dated 02/20/03, revised 2120/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Penthouse, Enlarged Plan, Sheet A-16, prepared by
Schapiro Associates, dated 02120/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Penthouse, 2nd Floor Plan, Sheet A-17, prepared by
Schapiro Associates, dated 02/20/03, revised 2/20/03 and 7/19/03, signed and
sealed 07/20/03.
. "The Atrium at Aventura", Landscape Plan Pool Deck, Sheet L-1, prepared by
Rhett Roy Landscape Architecture, dated 06/26/03, revised 07/11/03, signed
and sealed 07/16/03.
. "The Atrium at Aventura", Preliminary Planting, Lighting and Paving Schedules,
Sheet L-2, prepared by Rhett Roy Landscape Architecture, dated 06/26/03,
revised 07/11/03, signed and sealed 07/16/03.
. "Atrium at Aventura", Land Title Survey, Sheet 1 of 2, prepared by Fortin Leavy
Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed.
. "Atrium at Aventura", Land Title Survey, Sheet 2 of 2, prepared by Fortin Leavy
Skiles Inc., dated 10/1/99, last revised 7/24/03, signed and sealed.
2. Building permits shall be obtained within twelve (12) months of the date of this
conditional use approval, failing which this approval shall be null and void unless
extended by motion of the City Commission.
3. Any discontinuation of an approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional
use.
Resolution No. 2003- 71
Page 4
4. Within sixty (60) days of the date of this approval, the applicant shall:
(i) dedicate to the City for educational, recreational or cultural municipal purposes,
that parcel of land measuring 1.56 acres in size lying on the north side of NE 188
Street adjacent to the proposed Atrium residential development, as described in
Exhibit A, In a form acceptable to the City Manager and City Attorney.
(Ii) provide to the City, a Declaration of Restrictive Covenants In Lieu of Unity of
Title binding this property with the proposed Uptown Marina Lofts residential site,
in form acceptable to the City Manager and the City Attorney and filed at the
applicanfs expense in the public records of Miami-Dade County.
Section 3. The City Manager Is authorized to cause the issuance of permits In
accordance with the approvals and conditions hereIn provided and to Indicate such
approvals and conditions upon the records of the City.
Section 4. Effective Date. This Resolution shall become effective Immediately
upon Its adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved Its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskln
Commissioner Robert Diamond
Commissioner Ken Cohen
Commissioner Harry Hollberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Periow
yes
no
yes
yes
no
yes
absent from the room
Resolution No. 2003- 71
Page 5
PASSED AND ADOPTED this 7th day of October, 20 .
MANNY G OSSMAN, VICE MAYOR
CITYC
'\TRIUM AT AVENTliRA
EXHIBIT #A
06-CU-03
LEGAL DESCRIPTION:
A portion of th. South 1/2 of Section 3. Township 52 South, Range 04-2 East. Dad. County, Aorida, being more
particularly do.cribed os follows:
Parcell:
Commence at the center of Section 3. To.nship 52 South, Rang. <4-2 Eest. t,(joml-Oado County, ~ridQ: thenee tun
N 89"50'55- W olon9 the north Gne of tho southwut 1/4 of aaid Section 3 (Of' 0 dlI:t.ance of 670.26 f..t to
the northwest comer of the oa.t 1/2 of the northeast 1/4 of the .outhwest 1/4 of sold S.cUon 3; thCf\C(l
run S 00"39'25- [ along the wnt Go. of the east 1/2 of the norttM:a.t 1/4 of the southwest: 1/4 of .aid
Section 3 for 0 distance of 1107.11 f..t to 0 point; thence run N 89"20'35- E for Q distance of 1124.75 feel
to 0 polnl; lhonce "In N 00"3g'25- W fM a distonu of 35.00 to.l to tho POINT Of BEGINNING of tke troct of kJnd
and water herein described: thence conUnue N 00"39'25- W 'or 0 acstanc- of 318.75 f..t to the cent.r &no of a
canal; thence run S 89"56''''5- E along tM center line of .aid conal for a distance of 170.71 foot to a polnt: thence
run S 00"39'25- E far a crdtGnee 0( 316.GJ.4. feet to a paint; thence run S 89"20'35' W f<< a a~tonce of 170.70
feet to the POlNT OF BECAHNlNC. ContalNnQ 1.2"50. acru more or less.
AND
Parcel 2:
The con 100.0 feet of the west 270.70 feet of the followinQ de.serlb9d ~
Bo9In at the contcr of Section 3. ToWMhlp 51 South. Rang- -42. East. W"1Gmi-Dodo. County, Aoddo; thence run
N 88"50'55" W 670.26 1..1 10 the northwest comer 01 the ...1 1/2 01 the _sf 1/4 01 tho I<l<llhw..1 1/4 01
aaid Section 3' thence run S 00"39'25- E alang tho west line at th, .em. 1/2 of the north coat. 1/4 of the
IOUtt\w..t 1/4' at ,aid Soetion 3.t<< G distance of 1107.11 foet to 0 point; theme. rvn N 8~2.0'35. E alang.a lne:
'04" ci d".stanca of 112'.75 f~t to 0 point; thence N 00'3$1'25- W fOf' d en.tone. 0( 35.00 f..tto th4I POINT OF"
eEGlNNING' Ulencc continue H 00"39'25- W for a cflStal\CCl of 316.75 f..t to a point on the centor Ane: of a cord;
thence rv:, S 89"56'45- E along the conter line ofaaid conal for a distance of 691.55 foot to 0 point; thOI\C4l Nn
S 00"39'25- E for a distooco of 310.18 foot to a point; thancc run S 89"20'35- W for Q distoneo of 691.50 fed. to
the POINT or BEGINNING. Containing 0.7255 acres mora or less.
AND
Parcel 3:
The east. 201.55 teet of the: west <472.25 feet of the (ollow&og dC$cr1bod property;
Begin ot the center SeeUon 3. Township 52 South, Range 42 East, Uiaml-Dad. County. Florida; thence OJ"
H 89"50'55- W 670.26 feet to the northwest corner of the east 1/2 of tho northeast 1/" of the southwest 1/'" of
&oid Section 3; thence IVit S 00"39'25- E al~ the weat Gnc of the .O~ 1/Z of the northeast 1/4 of the ~west
'1/<4 of said Section 3 far 0 cr~tance of 1107.11 feet to a point; thenQI. Nn N 89"20'35- E along " line for a
dlsUlnc4 01 1124.75 1..1 10 . point thenee H 00"3g'25" W 10< . cf"islance 01 35.00 loello th. POINT OF BEGINNING:
thence eonUnUG N 00'39'25- W for 0 crlStonce of 318.75 feet to 0 polc\t :on tho center line of 0 conal; thence. Nn
S 89'"56'45- E along the center line of ~kI CGnOI for a distance of &91.55 foct to a poInt; thence Nn
S 00"39'25- E for 0 crlSto~ of 310.18 fdot to 0 point; thence Nn S 89*20.35- W for 0 d'wtoncc of 691.50 feet to
the POINT OF BEGINNING. eonIGln/na 1.4535 oeAa ....... ... Iou.
AND
A portion. of Tract N of MARINA DEL REY REVISED according to the pial thereof, as
recorded m Plat Book 144 at Page 89 of the Public Records of Miami-Dade County,
Florida and being more particularly descn'bed as follows:
Commence al the Northwest corner of said Tract N; thence South 02024'12" East along
the West line of said TractN for 326.46 feet; thence North 87030'00" East along the
~outh lin~ of said Tract N for 211.62 feet; thence South 02030'00' East along the Wesl
Ime of saId Tract N for 62.50 feet to the most Southerly Southwest corner of said Tracl
N; thence North 87030'00' East along the South line of said Tract N for 625.78 feet to the
Point of Beginning of the hereinafter described submerged parcel; thence North
03011'40' West for 87.37 feet; thence North 87030'00' East along a line parallel with and
87.36 feet north of said South line of Tract N for 266.05 feet; thence South 02030'00 Easl
for 11.20 feet; thence North 87030'00' East along a line parallel with and 76.16 feet north
of said South line of Tract N for 204.23 feet; thence South 02030'00 East for 76.16 feet to
a point on said South line of Tract N; thence South 87030'00" West along said South line
of Tract N for 469.22 feet to the Point of Beginning.
Said submerged parcel 'lying and being in the City of Aventura, Miami-Dade County
Florida and containing 38,750 square feet or 0.890 acres more or I.... '
RESOLUTION NO. 2004-_
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AMENDING
RESOLUTION NO. 2003-70 WHICH HAD GRANTED
CONDITIONAL USE APPROVAL TO PERMIT AN
ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL
BUILDING WITH ARCHITECTURAL DESIGN OTHER
THAN MEDITERRANEAN STYLE AND A TRANSFER OF
DENSITY ON 0.344 ACRES FROM LAND TO BE
DEDICATED TO THE CITY OF AVENTURA; FOR
PROPERTY LOCATED AT 3029 NORTHEAST 188TH
STREET; BY AMENDING THE CONDITION
CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE
CONDITIONAL USE APPROVAL, BY ALLOWING A
BUILDING PERMIT TO BE OBTAINED WITHIN THREE
YEARS OF THE DATE OF ADOPTION OF RESOLUTION
NO. 2003-70 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-70;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant has requested the amendment of Resolution No. 2003-70 so as
to modify the condition concerning the deadline for obtaining building permits from a period of
twelve months to a period of three years; and
WHEREAS, pursuant to Section 3l-73(e)(2) of the City Code. the City Commission
finds that the request for modification of the Resolution may be granted, and that such request
meets the criteria of the applicable codes and Ordinances to the extent that the request is granted
herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals AdoDted. That the above stated recitals are hereby adopted and
confirmed.
Resolution No. 2004-_
Page 2
Section 2. Amendments. That Section 2 of Resolution No. 2003-70 is hereby amended
by revising condition 2 thereofto read as follows; 1
Building permits shall be obtained within twelve (12) mentflG three vears
of the date of this conditional use approval, failing which this approval
shall be null and void unless extended by motion of the City Commission.
Section 3. Prior Resolution. Except as amended herein, Resolution No. 2003-70 shall
continue in full force and effect.
Section 4. Effective Date of Resolution. 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 Ken Cohen
Commissioner Robert Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
1/ Proposed additions to the existing text of Resolution No. 2003-70 are indicated by underline; proposed
deletions from existing text of Resolution No. 2003-70 are indicated by slrikethrellgh
2
Resolution No. 2004-_
Page 3
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
u.eenbe.g - Miami
12/18/Lvv.Jt .Jt.,U
.. AUt:. 21 i....
I.l.ioutla....
~~H~H~~
.. " T f> If 'II .. ,- ~ .. r L....
H~~~I~
3-B
C'Iiffonl A. So!..l.....
(105)HIJ.0613
Dira:l F;u; (305)961-5613
E-Ma1I:IC..1I1~I.w..com
DecembCl' 18, 2003
VIA FACSIMILE: 305-466-8919
Mr. Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
AvenlUra. Florida 33180
Re: Request to Mudlfy the CODdltlonal Use Approvals for the AlrlulD at
A_Ill... ucI UptDwD Lofts
Dear Mr. Soroka:
We represent Investum, LLC, the developen; of Uptown Loft&, IIIId Venaventura, u.c.
the developerli of the Atrium at Avenlunl, in the above referenced malter. As you may remember,
the A venlura Cily Commission approved the conditional use applicalions for each of these
developmmlts at its meeting of October 7, 2003 by adopting ResoIutiOllS 2003-70 lIIllI2oo3-11
(copies attached). A condition of eaeb approval was Ihat permits for construction be obtained by
each developer within 12 months of the approval. While this is . staOOanl condition of IIlO5l
conditional use approvals, Section 31-13 of the Aventura Code of Ordinances allows the
Commission Ihe discretion 10 modify thaI time frame by approving resolutions. As you know.
these conditional use approvals were different than mosl olhers in thaI both applicants, Jnveslura
and Venaventura, proffered, lIIllI the City acc:eplcd, the pc:nnancnt amveyancc of a pan:el of land
located at 3025 N .E. 18811I Street for use by the City for lilY lllllllicipal PlIl'pOSll (the "Mtmicipal
Site; as a <:andition of each approval aDd that prolfcr WI$ accepted.
Due to the considem,le value of the land which is being conve:yal to the City. withoul a
lIme ll1nitalion. we respectfully submit tbat neither Jnvestura's or Vmlaventunl's conditional use
approvals should expire within the standard l2-month time frame. In tenns of real estate
development, 12 mouths i. a rclalively short period of time and it would be inequiCable if, after
the City bas received title to the Municipal Site, either Investura or Venaventura ia deprived of
its development approvals simply becllUC the 12-month time period has lapsed while the City
woold maintain peI'INIlent ownenhip of the transferred sile. Our lenden have questioned the 12-
nwnth period and the ellle1l&ion i. needed to clear title for the Municipal Site to be Imosferred to
the City.
Gllltf:"IIE.': THA\I.It:. P.".
11:11 BIU:U71.1. -'H'RJ: 1M.".,. .'1.1).10" 33131
n5..,'.0;)00 .'u 30;)-!t79.011';' .wwoJ::l-l...I'._
..h'Sl.~HlMIlI. AnANn Bnq a"1.U.'I Bu,lTU.'f C..I.:,\I;II DI:"".n'. J'IJHT 1..." O&IIIl.UI> LIII .\I\;GflU~ MI\.I N.. )1:.81>1- N...- yo..... O.U,\.'Df~
PII1l.,\IH~I.,",I" "nop",. TUU.IH!lllf.F. T,'~u.,~ Clll\'\lll:M ,""""UNC;1'II"', nc. .'r:n l'ALl( BIAr.H 1f....INCTU.... ?'(run.
Greenbe.g - Miami
L:~.I1ol ",c...",~ .::>..::::0
. AU!:. ~I ~~
Kil::J'ntra......
December 18, 2003
Page 2
We respectfully request that the City Commi...ion modify the above referenced
Resolutions so that both Investura and Veneventura be granted three (3) years in which to obtain
building pcnnits for each of their respective projects. Please schedule this matter for the January
6. 2004 meeting of the A ventura City Conunission. If}'Oll """0 any questions or need to discuss
thi. i....e further. pleue contact me at 305-579-0613. 11uwk you fur your attention to thi. matter.
Sincerely,
'r~,. Y1cc"'-'~ k......n....
.'-1..'......
{, C1iffllRl A. Schulman
cc: David Wolpin, Esq.
Ms. Joaon CarT
Mr. Emique Feldman
Mr. Sami Shiro
Mr. Paul HaritOll
Mr. Claudio Sti"elman
Mr. Gilbert Bcnhamou
GaEE~BEaG TUrI":. P.A.
u...el.,'Ilb",.I. b - Mia.mi
1..../18/2uu.., v.:l.U ,..a..i.l:. 'eLl 1
n.l.gnt...IQ.x
.
.
L44.
RESOLUTION NO. 2003- 70
A RESOLUTION OF THE CITY COMMISSION OF THE
CllY OF AVENTURA, F1.0RIDA, GRANTING
CONDITIOItAL. USE APPROVAl.. TO PERMIT AN El.EVEN
STOR't. '29 FOOT HIGH RESIDENTIAl.. BUll.DING WITH
ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND ATRANFER OF DENSITY
FOR 0,344 ACRES FROM LAND TO BE DEDICATED TO
THE CITY OF AVENTURA; FOR PROPERTY LOCATED
AT 3029 HE 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the property described herein is zoned RMF3B. Multi-Family
Medium Density Residential District and
WHEREAS. the applicant, through Application No. 05-CU-03. has requested
conditional use approval to pennit en eleven story, 129 foot high resldentlal building
with an architectural de81gn other than Mediterranean style and a transfer of density for
0.344 acres from land to be dedicated to the City of Aventura in the Multi-Famny
Medium Density Residential District; and
WHEREAS, foUowIng proper notice, the City Commission has held a public
hearing as provided by law: and
WHEREAS, the City Commission finds that the ~plication meets the criteria of
the appTlCflble codes and ordinancss to the extent the application Isgranled herain.
NOW. THEREFORE, BE IT ReSOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA. THAT:
SectIon 1. Application No, 05-CU-D3 for conditional use approval to permit an
eleven story. 129 toot high residential buIlding with an architectural design other than
Greenberg - Miami
lZ/lo/ZlJ.> ".Zu l'Aut. "Ii" nil>utl'ax
.
.
Resolution No. 2003- 70
l'age2
Mediterranean style end e transfer of density for 0.344 ec:res from lend to be dedicated
to the elly of Aventura In the MuIti-FamUy Medium Density Residential District on
property located at 3029 NE 188 Street and legally described in Exhibit "N to this
resolution is hereby granted, subject to the conditions in Section 2.
Section 2. The approvels granted in Section 1 above are subject to the
f011ow1ng conditions:
1. Plans shaD subsfantiaUy comply WIth those submitted as follows:
, 'Up1own Marina 1..oft et Aventura", Cover Sheet, Sheet 0, prepared by Kobi Karp
An:hitec1:Ilnt9rior Oeaigners. dated 5I09J03, revised 07101/03, ~ned and sealed
07/24103.
. 'Uptown Marina 1..ofts", Boundary Survey. Sheet 1 of 1, prepared by Fortin Leavy
Skiles Inc., dated 7/17/03. revised 06/09/03, signed and sealed.
· 'Uptown Marina Loft at Aventure', Project Data Sheet, Sheet i, dated 5109103,
revised 07/01/03, signed end seeled 07124103.
. 'Uptown Marina Loft at Aventura", Site Plan. Sheet A-O, dBted 6109103, revised
7/01103, signed and sealed 07/24/03.
· 'Uptown Marina Loft at Awntura', Level 1 Lobby, Sheet A-1, dated 5J09/03.
revised 07/01/03, signed end sealed 07/24103.
· "Uptown Marini Loft at Aventura', Leve.! 2 Parking, Sheet 1.-2, dated 5109/03,
revised 07/01103, slgnedand sealed 07/24/03.
· 'Uptown Marina Loft at A\I8Iltura", 30d Level Lanai, Sheat A-3, dated 5109103,
revised 07101/03, signed and sealed 07/24/03.
· 'Uptown Marina \.oft at Aventura', Level 4. Sheet 1.-4, dated 5109103, revised
07101103, signed and sealed 07/24103.
. 'Uptown Marina loft at A\I8Illura', Lewis 5-11. StINt A-4.1, dated 5109103,
revlsecl 07f01103. signed and sealed 07/24103.
· 'Uplown Marina loft at Aventura', Main Roof Deck, Sheet A-5, dated 5100I03,
revised 07/01103. signed and sesled 07/24/03.
u,eenbe,g - Miami
L~./lol L~......., .>: GO PAL-c 6/1... , .ightrax
.
.
Resolution No. 2003- 70
Page 3
. "Uptown Marina loft at Aventura", Roof (Machine Rooms), Sheet 1\-6, dated
5109103, revised 07101103. signed and sealed 07124103.
. "Uptown Marina Loft at Aventura", Elevations, Sheat A-7, dated 5109103, revised
07/01/03, slgned and sealed 07124/03.
. "Uptown Marina Loft at Aventura". El8valions, Sheet A-6, dated 5109103, revised
07101103, signed and sealed 07124103.
. "Uptown Marina Loft at Aventura', Typical Units, Sheet A-9, dated 5109103,
revised 07/01/03, signed and sealed 07124/03.
. "Uptown Marina loft at Aventura', Common Areas, Sheet 1.-9.1, dated 5I09J03,
revised 07101103. signed and sealed 07124103.
. "Uptown Marina Loft at Aventura", Typical Units - Level 41\, Sheet A-10, dated
5109103, revised 07101103, signed and sealed 07124/03.
. "Uptown Marina Loft at Aventure", Conceptual Paving, Drainage, Water and
Sewer Pllm, Sheet 1 of " prepared by Fortin Leavy Skiles Inc., dated 515103,
revised 07101103, signed and sealed 07128103.
. 'Uptown Marina Loft at Aventura', Landscape Plan, Drawing No. L-1, prepared
by Witkin Design Group, dated 12/18/02, revised 02128/03, 07/01/03, 07/16103,
signed and 8ealed 07/23/03.
. 'Uptown Marina Loft at Aventura', Landscape P1en, Drawing No. L-2, prepared
by Witkin DesIgn Group, datecl12/18/02, revised 02/2B1D3, 07101103, 07/16103,
signed and sealed 07/23103.
. "Uptown Marina Loft at Aventura", Landscape List, Drawing No, L-3, prepared by
Witkin Design Group, dated 12/18102, ravlsed 02126103, 07101103. 07/16103,
signed and sealed 07123103.
. 'Uptown Merlna loft at Aventura', Promenade Detals, Drawing No. L-4,
prepared by Witkin 0e$1gn Group, dated 12/18102, revised 07116103, signed and
sealed 07123/03.
2. Building permits shall be obtained WithIn twelve (12) months of the date of this
conditional \lse approval, faUing which this approval shaH be null and \/Oid unless
extended by motion of the City Commission.
3. Any dl8continuation of an approved conditional use for a period of 180 consecutive
daY8 thall cont\llute abandonment and shall rescind the approval of the conditional
use.
ureenbe.g - Miami
1,/lo/'OUJ ~:,O ~Auc Ill~
.i ::Jlutr'-a..
.
.
Resolution No. 2003- 70
Page 4
4. Within slxty (60) days gf 1M dale of lhis approval. the applicant shall:
(i) dedicate 10 the City for educational, recreational or cultural municipal purposes,
that parcel of land measuring 1.56 acres in size lying on the nor1h side of NE 188
Street adjacent \0 the proposed Atrium I'8lIldential development, as desalbeclln
Exhibit A, in a form acceptable \0 the City Manager and City Attorney.
(ii) provide to the City, a Declaration of Restrictive Covenants in Lieu of Unity of
nUe binding this property with the proposed. Atrium residential site. in form
acceptable \0 the City Manager and the City Attorney and flied at the applicant'.
exP&nS8 in the public leCOIds of Miami-Dade County.
SectIon 3. The City Manager is euthorized to cause the issuance of penn~ In
accordance with the approvals and conditions herein provided and to Indicate such
approvals end conditions upon 1M records of the City,
Section 4. Effec;tive DIIe. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Comml6sioner Cohen. who moved iIs
edoptlon. The motion wes seconded by Commlnloner Diamond, and upon being put
\0 a vote, the vole was as follows:
Commissioner ZfIV Auertach
Commissioner Jay R. 8eakin
Commissioner Robert Diamond
Commissioner Ken Cohen
Commissioner Harry Holzberg
Va Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
no
yes
yes
no
yes
absent from the room
Greenberg - Miam1
l~/lo/LUUS J:LU ~Au~ 8/1J
,ightl' ax
.
.
Resolution No. 2003- 70
PageS
PASSED AND ADOPTED thia 7frl day or Odober, 200
APPROVED AS LEGAl.. SUFFICl?NCY;
I'i~ ~
CITY ATTORNEY
ThisR
in Office of the City Clerk this ~' '- ~y of lIr.~o'-. . 2003.
(,
CITY
Greenberg - M1am1
1,,/10/"UU3 .o:"U
PAul:: 9/ L,
, .igntrax
I:::XHI~II #A
It 05-CU-03''
PlII'OllIk
c:............ << 1M MIle. ~ s.eu- .s. '''''''-'' 61 SM/UI. ft8nte: 42 Eat\. DoIlI c.w.Ir. flDtfd8: ...... Im.'" ~.... ... """ .... .. ., _
SeuIhnII "4 ., "" ..w ....... .1. 'IJI". ..... ~ "CUt ,.... .. .. ......... ...... III ... Qut lit " Ihe ........ 1/4 .. ... Soea,
.. ... _ _ :I< _ _.....'1:. _ too .... .. 01 1M _ ,,,. .. 1M _ 1/4 .. too _ 1/4 .. ... .. _
_ .. "117.11 _ _ .-1lI'3!"[ ... . _ '" IOU3 '001; _ IIllQf'2S'II lor . _ 01 _ '.... _ .........;
....... fit 111M feet .. h .PaM' DF ~ 4IIf .. ,.... ,( k1nIIlI ... ..... '-"* ~ Chcncc NlD"Jr2nt .... . ~ II 3n..:
ID . .... 11ft thI ........ _ . ..... ..... Sll"X'crt ... h ~ .. . CilIAld' .... . ~ III 140.0'2 f-'::. __ 1Ia'nt"D~ f
...... fII UQ.5U f.c tMMlt ...lO'I5'" ... tIirt.-acc of' l4O.QQ felt tt u. f'OINf Of ~
AND
PInlel s:
,,_ 01 .... .- ./2 01 _ ... T_ 52 s..Ah. ...... 42 toll. _ CouolJ. I1ooilIo: ..... _..- . , -.. .. ,_
_...... _ 01 _ _:I< _ __OW_ ...__ 01.... _1/401__ ......QIUOr..c...
_ _ 01'" _ t/2 01'" _ 1/4.,... _ ,,.., _ _'J: - _-"'" _ ... _........ ,
01 1M _ 1/4 01 ... _ II' ., _ _ '" .. nOM' ..... _ ~'3S'E lor 411L4' ..... _ _~. lor....
. . rDIIr Of .....-' . .... fit ... ... .... t If. n............. RPMf" 10 ,.. ::MI.34 W .... ......... ,.. m
to...... _.. _.,. _ _(.... _ _ _....... - _'110....... SlI. _ _."
CouoIr. ~ _ __ _... _of _ _ _tw:MS.H -- -....._.. _....._
...... .... .. ... II .. ...... ....... 4 .... ~ ......... ..... ;IUV.....- Ii. ... JM.G5 ..... .. .. PGIfr or -....c.
AHD
PIIllIl C:
_....... _01_ '" _.. _........ _ __, _ _ _ WlIII"" _ _..._u
.. _ "0 01 .. _ _ '" ... . "!olo- .. ml.lII _ .. ... _ _ .. ... _ I/J '" .. _ '/4 01 ... 5
1/4..... _ _ ,,_ _ w....'IiooL....... - .. of'" _ t/l 01... _ 114"'" _ VO 01..
$dill a. fw . ~ ... 1_.11 ... .... .... arJli'3!r r..t. ... . ...... .. I8I.ZJ he ... -. ~ ..... .... . ~
IMt hnoI ... tIfI"'IIf;Sr IlIMt ... . ..... fit 2ILR W .. ... Me .. ........ " .. ....... ., 1InIt ... .... ... ......... .....
~ ..... ... . ...... '" aa&IZI. ..... .. . ~ _ the ~ .. .. . ... ... s.uII ........ .... ... ... ...... ... .. .
... . ~ '" 14O.OU ... _ .... anrzs- &.t fer . ...... _ StI.JM tee ..... __ ~ ... .... . ...... ., UG.
tit .. ....... .,....... .............,....., 'flit "'-' ... .... II. ...... till _ ...... __ .. .., It.I .... ...... SaId Ianlf=
"'" ... .... .. -......,. - .
ANt>
A polUGl1 ofTw:t N of MARINA DBL REV RBVISBD acecnliDg 1:0 IIlc plat thereof. .
RlCOrded in Pill Book 144 at Page &9 oflhe Public R=ords ofMiami-DlIl1c Couaty,
Florida lIIld being !DOle pI1ticulIrly dcacrW IS follows:
CommIltlCC at the Nodhwcat comer of ui.d Tnct N; tMIII:e Sou1h 01"24'12" East 1l0llg
the Welt line of ui.d Tract N for 326.46 rec.; dlaJce North 81"30'00" But a1aog lhe
South line ohmd 'lM:tN for 211.62 feet to lhe PointofBegimling of the ~
deIcribed 8I11lavJr&ed pared; tbaIcc Solllh 01"30'00. Easl along !he West line of Rid
Tnct N for 62.50 r.... to the I1lOIIl Southerly Southwest oomer of IIid Ttact N; thalce
Ncrth 87'30'00' East along the Soulh liae of said Ttal;t N for 625.18 feet, tbaIcc NDlth.
03'11'40" West for 87.31 feet; IhcDee South 81"30'00. Wcsta1ongalinepua1lc1 with
8Dll8736feet NOIthofsaidSouth line ofTnctN!or 519.10 f~; tbenco South
02"30'00" East for 38.15 feet, IhcDee Solllh 87"30'00" West along alinc paBUel with said
South line ofTna N for 11.1Al feet; tbaJce Nonh 02"30'00" West !or 13,29 feet; lbcacc
South 87030'00' West along alme parallel with ad 61.50 feci Nonh of IIitl South liDe of
TractN for 94.42 feet to lhe PoiDtofB"llinn~
Said IUbmerged parcel lying and being in the City of AvClltun, Mimi-Dade C01lllty,
Florida and containing S 1,841 square feet or 1.190 ac:m more or len.
U.l el....ubi...,.l t:1 - Miami
L:../lo/,LJ,J ,J.""O lJAtil:. lU/~<J Kil:;,htrax
A\.,,---..
RESOLUTION NO, 2003.71
A RESOLUTION Of 1l1E CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
CONDIT1ONAL USE APPROVAL TO PERMIT AN ELEVEN
STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAl DESIGN OTHER THAN
MEDITERRANEAN S1YLE AND A TRANFER OF DENSITY
ON 1.218 ACRES FROM LAND TO BE DEDICATED TO
THE CI1Y OF AVENTURA; FOR PROPERTY LOCATED
AT 3131 ME 188 STREET; PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the pmperty described henlln Is zoned RMF3B, Mulli-Family
Medium Den8ily Residential District and
WHEREAS, the sppicant, through Application No. !lfX;1J..03, has reqwsted
conditionel use approval to pennit an eleven story. 135 foot hIIJh I9Sidentiel building
with an an:hitectural design other than Mediterranean style and a lnInsfer of delllllty for
1.218 BC1811 from land to be dedicated to the City In the MuIli-Family Medium DenIIty
RB&1denIIeI DIsbict; and
WHEREAs; foIIowlngproper notice, the ClIy Commleslon has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds thai the Applic;ation meels lite criteria of
the 8!lplic8b1e codes and ordinances to the extent the appIicBtion Is granled herein.
NOW, THEREFORE, BE rr RESOLVED BY THE CITY CO.....IOH OF THE
CI1Y OF AVENnJRA, FLORIDA, THAT:
SllCtion 1, Appl-..uon No. Oll-CIJ..OO for canditlDnaI U&e applOVlll to permit an
sleven story, 135 foot high l8Sidential buildlng with an 8l'l:llitect1.1te1 design o1her than
Lt.I...,..,db.....Lb - Miami
Lt.-I Hj" 2UU..... ~....U &, .Jl:. .1.11.1
H~gJl...J.x.
Resolution No. 2003- 71
P.2
Mediterranean style and a lnInafer of denllily for 1.216 acres from land to be dedicated
to the City of Aventul8 in the Multi-Family Medium Density Reeidential District on
property located at 3131 tilE 188 Street and Iegaly described in Exhibit "A" to \his
resolution is hereby granllld, subject to the conditions in Section 2.
SectIon 2. The approvals granted in Section 1 above are subject to the
following conditions:
1, Plana shaD substanllaly comply with those submitted as foIIowa:
. "The Atrium lit AwntunI", SitelRoof Floor Plan, Sheet A-1. pnIplIRld.by Schapiro
,aod..., dated 02120I03, ftI'IIsed 21211'03, 3120103, 6125/0! and 7(19103.
signed IIIlcI 8El81ec1 07flOJD3.
. "The Atriuin lit Awnfu.... Level 1 - Ground Roar Plan, Sheet A-2, ~ by
SClIapiro AsSOli8tea, da\ed 02120103, l6'Iised 2121103 and 7119103, signed and
aealed 07120103.
. "The Atrium lit AvenlurB", Level 2 - Parking Floor PIlm, Sheet A-3, pnIp&nld by
SchapIro As8ociateI, dilled 02120103, revised 2121103 and 7119103, signed and
sealed 07120103.
. "The AtrIum at A1I8I1lura". Deck Level- Third Floor Plan, Sheet M, prepared by
Schapiro Aaaoclates, dated 02120/03, revised 2121103 and 7/19103. signed and
sealed 07120103.
. "The Alrlum lit AY8nb.n". Level 3A - Deck 211I Floor Plan, m-t Mi. p~
by Sc:hapIro A..oclates, elated D2I2OI03. l8Vi8ed 2121103 and 7/19103, signed
and aeUJd 07120103.
. "The AtrIum et AYfItfDJra'. Level <4 - Floor Plan, Sheet A-6, pI8p8red by SchapIro
A8Iociatea, dated 02120103. Alviaed 2/21103 and 711ll103, signed and sealed
07/20103.
. 'The A1IIum et A~, Typical Floor Plan, Sheet A-7, prepared by Schapiro
Aaac,......, dated O'1J20103, revised 2121103 and 7119103, aIgned and aeaIed
07/20103.
. "The AtrIum at Aventura'. Penthouse Floor Plan. Sheet M, !nP8red by
SchapIro .~soc:iatea. dated 02120103, revised 2/21103 and 7/19J03. signed and
_!lid 07120103.
. "The Atrium lit AVfItdurel', Penthouse 21111 Floor Plan, Sheet A-9, prepared by
Schapiro Aaaocla\es, d8led 02/20103. revised 2/21103. 06/25103 and 7/19103,
signed and sealed 07120103.
Greenberg - M1am1
1.,/10'/"UU.5 .5",U JJAut. 12/1... ,dgntl'a"
Resolution No. 2003-71
Page 3
.. "The Atrium at AWlIItura", Exterior Elevations, Sheet 1\-10, pl9pllfed by Schapiro
Asloclates, dated 02/20103, revised 2/21103, 06125103 and 7/19103, signed and
sealed 07flO/03.
.. "The Atrium lit Aventura". Exterior Elevations. Sheet A-11, prapared by Schapiro
Asll'JCirdOS, daf8d 02120I03, ANised 2/21103. 06125103 8l1d 7/19103, &lgned 8l1d
sealed D7 120103.
. "The Atrium at Aventura", Building Sections, Sheet A-12, prepared by Schapiro
Associates, dated 02120103, revised 2121103 and 7119103, signed and sealed
07120103.
. "The Atrium at Aventuta", Lave! 3, Enlarged Plan, Sheet "-13, prepared by
SchlIpIro Assoc:iata, dated 02/2lW3, IeIIised 2J2OI03 and 7/19103, signed and
sealed 07120103.
. "Tha Atrium at Aventura", Deck 2M Floor, Enlarged Plan, Stleet A-14, pnlpllred
by Schapiro A.soclates, dated 02120103, revised 2f2OI03 and 7/19103, signed
and _led 07120103,
.. "The AtrIum at Avemure", Typ. Floor. Enlarged Plan. Sheet A-15. pnlIllIred by
Sclwpiro AslIoc:illt8a, datecl 02120103, revised 2/20103 and 7/19103, signed and
_led 07120103,
.. "Tha Atrium at AvenIJJra", Panthouse, Enlarged Plan, Sheet A-16, ptepaI8d by
SchapIro A88cx:IlJl:es, dated 02120103. I8Yised 212D103 and 7/19103, signed and
sealed 07120103.
.. "The Atrium at Aventura", Perrthou&e, zM Floor Plan. Sheet A-17. prepillred by
Schapiro Associate.., dated 02120103, revised 212D103 and 7119103, signed and
sealed 07/20103.
.. "The Atrium tit Aventura", Landscape Plan Pool Deck, ShMt L-1. pnlpIIRld by
Rhett Roy Landso8pe Ald1Itec:ture, dated 06I26J03, revised 07111103, signed
and sealed 07l1eJOa.
.. "The Atrium at A'le'l'mJra", PreIirnInaly Planting, UgI\ting and P8'4Ing SCtleduIes,
Sl1ee\ L-2, prepared by Rhelt Roy Landscape Arahil8cture, daled 06128103,
reviled 07t11<<l3,1igned end 888led 07/18103.
.. "Atrium at AvenIura-, Land Tille Surwy, Sheet 1 of 2, prepared by Fortin l.aavy
Skiles 100,. dated 1011199, last Jevlsed 7/24103, signed and sealed.
.. "Atrium at Aventura", Land TItle Survey, Sheet 2 of 2, plepared by Fortin Leavy
Skiles Inc., dated 1011199, last reviaed 7/24103. signed and sealed,
2. Building permits shall be obtakled within twelve (12) months of the date of this
conditional use 1IppIOV8I. failing wtIich this approval shall be null and wld unlen
extet ided by motion of the City Commill8lon.
3, AI'tf d1aconIInuatlon of an apprcMld condlllonal use for a period of 180 consecullve
dayI shall constitute 8bandonment end shall rescind the apprCMII of the concIi1Ion8l
\188.
ul..., ...db...~ b - Miami
L../18/4..Uu.J .J.2u ......i.t:. 10.1/1.... nibhtraA
ReIoIutIon No, 2003- 71
Page 4
4, Wlhln Ibdy (80) d8yB of the d8l8 of lhIa applOVll. file appllcanl th8II:
(I) dedlcafle lD the City b' educalional, llICrIllllional or cuIlur8l municipal ~rpoaa.
that perllIlI of land ~ 1.58 acres In 8lr81y1ng on the north IIde Gf HE 188
8tJwt adjacenllo lhlI prcpoeed Atrium rellclenllal develOpment, al eIeIcribed In
ExhIllt A. In a farm 8CClIptabIe to bt Clly MIInager and Clly A1lomey.
(H) pnMde 10 the CIty, a Ded8rat1on of Re8trlciUve Covenanta In lieu of Unity of
TItI8 binding this pnlp8Ity with the PRlflOBed UpIown M8lIn8 Loft8 l'8Iidenti8Ialle,
In form accaptable 10 the CIly ManalJlll" and the Clly AIIomey end tI1ed at lie
appGaenrl .......In the public I9COIde of MlalnI-D8de County.
Sectlan 3. The cay Manager 11 authorized to 1*118 the 181u8l1C8 01 JlIIIIIlil8 In
4toCOId8111l8 wIIh \he appro\/8ls and oondllllll'l8 heI8In pIOIIIded and to InCIk:8le lIIeIl
llpprlWlD and aJlldilianl ~ the I8llOI'lIs of \he CIIy.
8ectIan oil. EtI'8etIvlt Dabt. ThIll RIIoIutfQn th8II became ellecllve lmmIdlItaIy
upon na 8llDplIon.
The f1ngoIng RwoluIIon was otr.nJd b~ CommIIIIoner Cohen. who mCMId ..
8dopIIoii. The rnoIIDn was IICOIlded by Commlulcner Diamond. and upon being put
III a vafll. the vote was u foUowe:
Commla8loner lev Auerbach
Commlllloner _ R. 8eIIcln
CClmmlllloner RdleIt DIImoncl
Ceo..,...... Ken Collin
CornmIIIICInIr Harry HoIztlera
VIoe Mayor Manny GI'DI8I1llIII
Mayor J8IfrIy M, P8rIow
Y8I
no
~
~
no
Y8I
8blIent fItIm 1htI RlOl1l
Greenberg - Miami
12/18/200~ ~:~O ~Au~ 14/15
l.i ;,ntra.....
Resolution No. 2003- 71
Page 5
PASSED AND ADOPTED this 7" day of Odober. 2
APPROveD AS LEGAl SUFFICIENCY:
~~~
Cl1Y ATTORNEY
This
the Office of the City Clerk thill.:L day of October, 2003.
erTYe
Ul el..,'Ubl.Jl g - Miami
1,/lolL.I..-U'..,) ~.~U
IJAUI:: 1"/1,,
. .igntl"ax
'\TlUUtI AT A~liRA
EXHIBIT #.4
06-CU-03
lEGAl DESCRIPTION:
A_ .tloo_ .12........~,T_ oa-. ......~I_ -___-
,.~_.f_ .
,
_I:
~ ... ChI ..... .L .... J. ....... n ~ ..... 42. h&t. ~ ~. AoIWc ~ 'N'I
N an&cB5- . --. .. .... .. ., .. ...,... '/4 ., ..act ~ S 1M' . ..... .. 170.21 fNt "
u.. _.....__ "'" ""I/I_"_I/~" "-1/~ ,,-_l%......
... S 00'....... E ...., ... __ .... .. ... .... VI .. ... _ 1/< " "'" - 1/' " ...
s.eu... S f.. . "'-nee" HOU\ r..t ta . ....... ~ NIl II D'2CtU"' Eo ... . ...... .. 11>>.1$ W.
.......1Nnce NIl N lXI"'3II"IS'.for.~ oI3S.IJD t.Il..........Qf'~ef...WrA.,....
WIll ... ..... ~ .... ..... .. oa'.~ w ,. . ....... J 3....71 ..... .. .. ..... .. .. .
_ _ ... S IIIV..' E ...., ... _ ... .. _ .... .... . _ .. 1111.71 ...... . _ _
... $ wa'zi" t.. 1 _.. ~1LU4100\".,..., _.... _Nt W.... _" flII.'Xl
,.... It .. POIICI" OF 1IEa'.1C.. ~ 1.2450 __ .... .. IIIIL
-
-~
1M _ ,ao.a .... of .. _ m.1lI r..I. of "'" w..loo ......... _
..... II .. _.. _ ~ T_ II -. ..... <I -. --- CNl4r. _ _ ...
N ~ W a7a.H IMl .. .. ........ ClDIMf' it lie .... '12 ., .. ..... 1/4 fII .. __ 1/<4 .,
_ ..... :II - ... S _ r ...., ... _ ... " ... .... 1/1 ., .. _ lilt '/f 01 ...
_ 1/4 .. _ _ , f", . _ " nGJ.n W .. . ,..., _ .... . InlI'a" E ....... ...
.... .; _ .. n:M.75 fool ,. . .... _ . llnIl'zi" w ... . _ ., a... _ II ... _ OF
...... -....c. .._ " DCr'3r2S" .. fer . ~ ... 3t..1I ,..t .. . ..... ell .. ..... .. ., . __
..... IUft I Irsa".u- E. ... ... ....... .. .. .-d ...... ... ....... .. ,".II .. .. . pllIIf; ... am
S 0l:r'3"Z5. E * . ___ ., 11.... feel .. . ,... _ ... I ........ W ,.. . ....... ., .1. W ..
... ...,., 0Jf ....... ~ ~ __ ...... er.....
AND
_I:
l1Io .... aa..IlI .... ., .. _ 472.IlI .... " .. ........ -... "'-'"
..... tI .. ...... ..... J. ,..... a ..... ..... 42 --r.t. .... 1. "... c...t,. ~ IIMfIw fUll .
.. -- Wf1UI_II ..__'" "'-Vt.,... _1/4.,,.. _"...
.., ..... a ...... ... . ...... t ... iN __ .... .. ... .. 1/2 riI .. narthanl 114 ., 1M ........l
"1/4 ... .... ..... ;J tar. ...... ., 1107.'1 .... ... . f'OIntl ...... IUIlI It .-.r:ss- E.... . .. ....
- ., 11lM.1I fool II. _ _ . ___. for. _ "'.... fool II.. _IF_
-- ........ . 1ID'3rJS" . ,., . ..... .II! Sta.'71 felt ... . pcItIt._ .. ...... 1M ~ . __ ..... ....
s_..-t...... _.....__.... _., .1.Il11foe1lo._ ___..
. S_.... E", _., ~...,,_... _ _.... S 11'20'35". lor. _ .,.1.1IO_ II
.. PCIICf OF _.... e...a.w.. IA53I __ ...... If ....
AND
A pIlIliao lIlT_ N afMAlUNA Dm.1lEY RlMlIBD ac:eonllng "'1110 p\alllloreo~..
-.Iod ill Plat Book 14411 ......19 o{tbc Public Il-.II orMlami-D.dec-y
PIoricIa IlId 1IIiIlI-lIIKlicaWtrdeloriOecl u filllows: .
('........ III 11Io Nadhws_orloicl Tnl:l N;....SauaI 02"24'12"1lMt_.
11Io WellliIle oClIid Tnl:l N for 326.46 foct; ....... North l'MG'OO"!!IIt I!allIIle
SolIlIlIiDe 0(... Tnot N for 211.62 {oct; Iboacle SolIlII 02"30'00" Ilut aloa& 1110 WIIIl
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PIoricIallld..-1 . .38,750_1....0.190__..... .
RESOLUTION NO, 2004-_
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AMENDING
RESOLUTION NO. 2003-71 WHICH HAD GRANTED
CONDITIONAL USE APPROVAL TO PERMIT AN
ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL
BUILDING WITH ARCHITECTURAL DESIGN OTHER
THAN MEDITERRANEAN STYLE AND A TRANSFER OF
DENSITY ON 1.216 ACRES FROM LAND TO BE
DEDICATED TO THE CITY OF AVENTURA; FOR
PROPERTY LOCATED AT 3131 NORTHEAST 188TH
STREET; BY AMENDING THE CONDITION
CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE
CONDITIONAL USE APPROVAL, BY ALLOWING A
BUILDING PERMIT TO BE OBTAINED WITHIN THREE
YEARS OF THE DATE OF ADOPTION OF RESOLUTION
NO. 2003-71 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-71;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant has requested the amendment of Resolution No. 2003-71 so as
to modify the condition concerning the deadline for obtaining building permits from a period of
twelve months to a period of three years; and
WHEREAS, pursuant to Section 31-73(e)(2) of the City Code, the City Commission
finds that the request for modification of the Resolution may be granted, and that such request
meets the criteria of the applicable codes and Ordinances to the extent that the request is granted
herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adouted. That the above stated recitals are hereby adopted and
confirmed.
Resolution No. 2004-
Page 2
Section 2. Amendments. That Section 2 of Resolution No. 2003-71 is hereby amended
by revising condition 2 thereofto read as follows: I
Building permits shall be obtained within tv.-siva (12) manths three vears
of the date of this conditional use approval, failing which this approval
shall be null and void unless extended by motion of the City Commission.
Section 3. Prior Resolution. Except as amended herein, Resolution No. 2003-71 shall
continue in full force and effect.
Section 4. Effective Date of Resolution. 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 Ken Cohen
Commissioner Robert Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
1/ Proposed additions to the existing text of Resolution No. 2003-71 are indicated by underline; proposed
deletions from existing text of Resolution No. 2003-71 are indicated by strikotbrel>gR
2
Resolution No. 2004-
Page 3
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
A~
.
MINUTES
CITY COMMISSION MEETING
NOVEMBER 20, 2003
following 9 a.m. LPA meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 10:20 a.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor Perlow, City Manager
Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin.
Commissioner Manny Grossman was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. CONSENT AGENDA: Mr. Soroka advised that item 2C has been removed from the
agenda. Commissioner Beskin requested removal of item 2-B. A motion to approve the
remainder of the Consent Agenda was offered by Commissioner Holzberg, seconded by
Commissioner Diamond, unanimously passed and the following action was taken:
A, The following minutes were approved:
November 4, 2003 Commission Meeting
November 12, 2003 Special Commission Meeting
C, The following motion was removed from the agenda:
MOTION TO AUTHORIZE PROPOSAL FOR THE USE OF CITY
DEDICATED LAND AS CONTAINED IN CITY MANAGER'S
MEMORANDUM DATED NOVEMER 13, 2003
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $66,250
FOR THE DADE CHIEFS TECHNOLOGY GRANT AND THE TASER
UPGRADE AND PURCHASE FROM THE POLICE FORFEITURE FUND
IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
The following item was removed from the Consent Agenda and addressed separately:
B, Ms. Soroka read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AND AUTHORIZING THE CITY
MANAGER TO FILE AN AMENDMENT TO THE EXISTING CHARTER
SCHOOL CONTRACT BETWEEN THE CITY AND MIAMI-DADE
COUNTY SCHOOL BOARD TO PROVIDE FOR THE ADDITION OF A
MIDDLE SCHOOL COMPONENT; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond, and seconded by
Commissioner Cohen. After discussion the motion for approval passed 5-1 by
roll call vote, with Vice Mayor Beskin voting no, and Resolution No. 2003-86
was adopted.
3, ORDINANCES: FIRST READING/PUBLIC INPUT:
A. The following ordinance was withdrawn in accordance with action taken at
the previous Local Planning Agency meeting:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR SIXTY-FOUR (64) PARCELS OF
LAND ON NE 213 STREET, NE 214 STREET, NE 214 TERRACE AND
ONE (1) PARCEL OF LAND ON BISCAYNE BOULEVARD, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND
OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA FOR
TWELVE (12) PARCELS OF LAND ON THE NORTH SIDE OF NE 214
TERRACE, FROM MO, MEDICAL OFFICE DISTRICT, TO RMF3,MULTI-
FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; BY AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA FOR
FIFTY-THREE (53) PARCELS OF LAND ON THE SOUTH SIDE OF NE
214 TERRACE, ON NE 214 STREET AND ON THE NORTH SIDE OF NE
213 STREET, FROM MO, MEDICAL OFFICE DISTRICT TO RMF3B,
MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; BY
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
AVENTURA FOR EIGHT (8) PARCELS OF LAND ON THE WEST SIDE
OF BISCAYNE BOULEVARD AND TWO (2) PARCELS OF LAND ON
THE NORTH SIDE OF NE 214 TERRACE FROM MO, MEDICAL
OFFICE DISTRICT TO B1, NEIGHBORHOOD BUSINESS DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
2
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Diamond and seconded by Commissioner Auerbach. Mayor Perlow opened the
public hearing. There being no speakers the public hearing was closed. The
motion for approval passed 6-0 by roll call vote.
C, Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-143(d), RMF3 DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, ADDITIONAL CONDITIONAL USES, LARGE PARCEL
DEVELOPMENT INCENTIVES, EXCEPTION AND AMORTIZATION
FOR MEDICAL OFFICE (MO) DISTRICT, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS; AMENDING
SECTION 31-143(g), RMF3B DISTRICT, TO CLARIFY PERMITTED
USES, TO PROVIDE FOR REVISED SETBACKS, ADDITIONAL
CONDITIONAL USES, LARGE PARCEL DEVELOPMENT INCENTIVES,
EXCEPTION AND AMORTIZATION FOR MEDICAL OFFICE (MO)
DISTRICT, STREETSCAPE DESIGN STANDARDS AND URBAN
DESIGN STANDARDS; AMENDING SECTION 31-144(b), B1 DISTRICT,
TO PROVIDE FOR REVISED HEIGHT LIMITATIONS; AMENDING
SECTION 31-144(f), MO DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, LOT COVERAGE, OPEN SPACE AND MINIMUM LOT
SIZE, ADDITIONAL CONDITIONAL USES, LARGE PARCEL
DEVELOPMENT INCENTIVES, STREETSCAPE DESIGN STANDARDS
AND URBAN DESIGN STANDARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Diamond and seconded by Commissioner Cohen. Mayor Perlow opened the
public hearing. There being no speakers the public hearing was closed. The
motion for approval passed 6-0 by roll call vote.
3
4, ADJOURNMENT: There being no further business to come before the
Commission, the meeting adjourned at 10:55 a.m.
Teresa M. Soroka, CMC, 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.
4
~
.
MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 20, 2003
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
The meeting was called to order at 11 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Zev Auerbach, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor
Jay R. Beskin, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka and City Attorney David M. Wolpin. Commissioner Grossman was absent due
to illness. As a quorum was determined to be present, the meeting commenced.
1. NORTHEAST MIAMI-DADE COUNTY PASSENGER ACTIVITY CENTER STUDY
(Miami-Dade Countv): Mario Garcia, Miami-Dade Transit, addressed the
Commission concerning a proposed transit hub and requested the Commission's
support and attendance at the meeting on December 10th concerning the study.
CITY MANAGER SUMMARY: No action necessary.
2. CULTURAL ARTS FOUNDATION REPORT: Ephraim Weinberg, Chair of the
Board of Directors, addressed the Commission and requested the Commission's
continued support of this project and additional time for further consideration. The
following individuals also addressed the Commission: Pauline Winick, Lenore Toby-
Simmons, Susan Gottlieb, and Saul Sutel.
CITY MANAGER'S SUMMARY: Consensus to authorize City Manager to process
application for planning grant and support Foundation's continued research as to the
feasibility of a cultural center.
3. LEGISLATIVE PRIORITIES - 2004: Mr. Soroka reviewed proposed priorities.
CITY MANAGER'S SUMMARY: Consensus to approve with additional priority to
support repeal of legislation that imposed excessive county court filing fees for
municipal enforcement of ordinance violations.
4, APPOINTMENT OF COMMUNITY SERVICES ADVISORY BOARD MEMBERS:
Ms. Soroka noted that the term of all members has expired and reappointment
would be necessary at the January 2004 meeting.
CITY MANAGER'S SUMMARY: Consensus to reappoint all current members and
fill the vacancies created by resignations of Philip Sturtz and Deborah Carr with
alternates Carole Epstein and Dr. Eric Albin.
5. AMENDMENT TO LOBBYING ACTIVITIES (Citv Attornev): Mr. Wolpin explained
the need for revision of our present code in conformance with County's revised
lobbyist ordinance.
CITY MANAGER'S SUMMARY: Consensus to proceed.
6, CITIZENS ABSENTEE BALLOT COALITION: Barbara Goldberg, representing A
Citizens Absentee Ballot Coalition, requested the Commission's support and
initiative for a campaign for absentee balloting city-wide. Ginger Grossman and
Susan Gottlieb addressed the Commission.
CITY MANAGER'S SUMMARY: No action taken.
7. 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 12:30 p.m.
Teresa M. Soroka, CMC, 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
A~
.
MINUTES
CITY COMMISSION MEETING
DECEMBER 15, 2003 -10 A.M.
Avenlura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10:00 a.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PUBLIC HEARING - ORDINANCE SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ASSESSING AND IMPOSING EXCISE TAX ON CASUALTY
INSURANCE PREMIUMS ON ALL PREMIUMS COLLECTED
ON CASUALTY INSURANCE POLICIES COVERING
PROPERTY WITHIN THE CITY OF AVENTURA, AS
AUTHORIZED BY SECTION 185.08, FLORIDA STATUTES,
FOR THE PURPOSE OF PROVIDING CERTAIN FUNDING
FOR THE CITY OF AVENTURA POLICE OFFICERS'
DEFINED BENEFIT PENSION PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE,
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Diamond. Mayor Perlow opened the public hearing. Finance Support
Services Director Harry M. Kilgore addressed the Commission. There being no further
speakers, the public hearing was closed. The motion for approval passed unanimously
and Ordinance No, 2003.14 was enacted.
3, RESOLUTION: Mr. Wolpin read the following resolution by title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROPOSED
BY THE PETITION OF ELECTORS OF THE CITY, IN
ACCORDANCE WITH SECTION 6.02(a)(ii) OF THE CITY
CHARTER; SUBMITTING PROPOSED CHARTER
AMENDMENTS CONCERNING SUBSECTION (C)
"LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION
2.03 "ELECTION AND TERM OF OFFICE"; PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO
THE ELECTORATE; CALLING AN ELECTION ON THE
PROPOSED AMENDMENTS TO THE CITY CHARTER TO
BE HELD ON TUESDAY THE 9TH DAY OF MARCH, 2004;
PROVIDING FOR APPLICABLE PROCEDURES AND FOR
NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN
THE CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Cohen. The motion for approval passed unanimously and Resolution
No. 2003-87 was adopted.
4. ADJOURNMENT: There being no further business to come before the
Commission, the meeting adjourned at 10:15 a.m.
Teresa M. Soroka, CMC, 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.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: December 4, 2003
SUBJECT: Proposed Purchase and Sale Agreement for Six Acres of Gulfstream
Property
January 6, 2004 City Commission Meeting Agenda Item il
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the execution of the Purchase and Sale Agreement for six acres with
Gulfstream.
BACKGROUND
This matter involves purchasing six acres from Gulfstream to be utilized to expand
Waterways Park as contained in the City's CIP. A review of this document was
conducted at a previous Workshop.
The Agreement contains the following major points:
1. City will purchase park parcel for a purchase price of $3,800,000. The
property was appraised in 2000 at $3,850,000.
2. City will take the parcel in an "as is - where is" condition and will be
responsible for any environmental cleanup and liability. Gulfstream will
contribute up to $1,000,000 toward the clean up work. A Phase I and II
environmental site assessment was conducted. Our Environmental
Engineering Consultant confirms that it is his estimate that the cleanup will
cost $750,000.
3. As a condition to closing, Gulfstream shall have obtained from the City
zoning approval to extend the MO zoning and conditional use approval for
Memo to City Commission
December 4, 2003
Page 2
the parcels zoned medical office for residential uses which does not
exceed twenty (20) stories in height and 35 dwelling units an acre.
4. As a condition following the closing, at Gulfstream's cost, the City agrees
to be a joint applicant with Gulfstream for the westerly expansion of the
existing canal located north of Yacht Club Drive to Gulfstream's adjacent
property including the development of a marina. Upon final approval by
all applicable regulatory authorities, Gulfstream will pay the City
$1,900,000.
5. The City agrees that the property will be used for park purposes and
accessory uses to the park.
It should be pointed out that Gulfstream was made aware that the City intends to light
the ball fields which would be adjacent to the residential development. They have
indicated that with proper shielding the lights would not be an impact to their future
development.
The remainder of the Agreement is standard provisions.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01266-03
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED PURCHASE
AND SALE AGREEMENT BETWEEN THE EXOTIC
GARDENS, INC. AND THE CITY OF AVENTURA FOR THE
PURCHASE OF SIX ACRES ADJACENT TO
WATERWAYS PARK FOR THE PURCHASE PRICE OF
$3,800,000; 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 authorized to execute the attached Purchase
and Sale Agreement between The Exotic Gardens, Inc., and the City of Aventura for
the purchase of six acres adjacent to WatelWays Park for the purchase price of
$3,800,000 to be utilized to expand WatelWays Park.
Section 2. 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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 2
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into
as of the _ day of January, 2004 between GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation ("Seller"), and the CITY OF AVENTURA, a
Florida municipal corporation ('Purchaser").
RECITALS
I. Seller is lhe owner of the Property (as herein after defined) localed in the City of
Aventura, Miami-Dade County, Florida;
2. Seller is also lhe owner of the Adjacent Property (as herein after defined) localed
in the City of Aventura, Miami-Dade County, Florida;
3. Purchaser desires to purchase and Seller desires 10 sell the Property (hereinafter
defined), upon the terms and conditions hereinafter set forth; and
4. Seller desires to develop the Adjacent Property for a residential development
with, at Seller's option, a marina and access to the Intercoastal Waterway.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein and of other good and valuable consideralion, the receipt and sufficiency of
which are hereby acknowledged, Purchaser and Seller agree as follows:
SECTION 1: DEFINITIONS
For purposes of this Agreement, each of the following terms, when used herein with an
initial capital letter, shall have the following meaning:
1.1 Adiacent Park. The real property owned by Purchaser located adjacent to the
Property and more specifically described on Exhibit "K" altached hereto and made a part hereof.
1.2 Adiacent Propertv. The improved real property owned by Seller located adjacent
to the Property and more specifically described on Exhibil "F" altached hereto and made a part
hereof.
1.3 Business Dav. Monday through Friday excluding bank holidays on which
national banking associations in Miami-Dade County are authorized to be closed.
1 A Closing. The closing and consummation of the purchase and sale of the Property
as contemplated by this Agreement.
1.5 Closing Date (or Date of Closing). The date upon which Closing occurs.
1.6 Condemnation Proceeding. Any proceeding or threatened proceeding m
condemnation, eminent domain or wrilten request in lieu thereof.
fll.5rvOl\42J950vll
1.7 Deed. The special warranty deed of conveyance of the Real Property from Seller
to Purchaser.
1.8 Earnest Monev. The funds to be paid by Purchaser to Escrow Agent pursuant to
Section 3 hereof; plus any interest earned thereon.
1.9 Easemenl Agreement. An easement agreement substantially in the form attached
hereto as Exhibil "J" pursuant 10 which Purchaser will grant easements to lhe Seller for lhe
following purposes: (a) an easement over a portion of the Purchaser's Adjacent Park with regard
10 the Canal Expansion Project, (b) twenty foot (20') utility easement along the northern and
western perimeters of the Property for lhe benefit of the Seller's Adjacent Property,
(c) stormwater drainage easement upon certain portions of the Property for stormwater drainage
from the Seller's Adjacent Property through the Property, and (d) a temporary canal construction
and permanent maintenance easement on the north twenly feet (20') of the Property, all as more
particularly described lherein.
1.10 Effective Date. The date when the last one of Seller or Purchaser has signed and
initialed all changes to lhis Agreement.
1.11 Environmenlal Report. The environmental assessment audit to be conducted by
Purchaser's environmental engineer, at Purchaser's expense, with respect to the Property,
certified and delivered to Purchaser, a copy of which shall be provided to Seller within five (5)
days of Purchaser's receipt thereof.
1.12 Environmental Requirement. All laws, statutes, ordinances, rules, regulations,
orders, codes, licenses, permits, decrees, judgments, directives or the equivalent of or by any
federal, state or local governmental authority and relating to or addressing the proteclion of the
environment or human health and relating 10 the Property.
1.13 Escrow Agent. Weiss Serola Helfman Pastoriza Guedes Cole & Boniske, P.A.
1.14 Evidence of Authoritv. Evidence of authority for lhe execution and performance
of this Agreement by Seller and Purchaser including, without limitation, (1) as to Seller,
necessary resolutions, authorizations and consents of Seller and its members including the
production-of auy 3dl~r organizational documents as may be reasonably required by the Title
Company and (2) as to Purchaser necessary resolutions, authorizations and consents of
Purchaser, the City Commission of the City of A ventura and such other evidence of authority as
Seller may reasonably request.
1.15 Governmental Authoritv. Any federal, state, counly, municipal or other entity,
authority, commission, board, bureau, court, agency or any instrumentality of any of them.
1.16 Hazardous Substances. Any material or substance that, whether by its nature or
use, is now or hereafter defined as hazardous waste, hazardous substance, pollutant or
contaminant under any Environmental Requirement, or which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is
ftl_srvO\\42J950vll
2
regulated under any Environmental Requirement, or which is or contains asbestos, PCB's,
pelroleum, gasoline, diesel fuel or another petroleum hydrocarbon product.
1.17 Improvements. All structures, fixtures, including, without limitation, all ulility
systems and drainage facilities, if any, and any other improvements and facililies located on lhe
Land. The Improvements specifically include any existing underground improvements such as
stormwater management, irrigation, and water and sanitary sewer systems and related
appurtenances. The parties acknowledge the Land is vacant and there may not be any
Improvemenls.
1.18 Intangible Property. All intangible property owned by Seller and used solely in
connection with or solely relating to the ownership, use, development, operation, management,
occupancy or maintenance of the Land including, but not limited 10, the Permits and all public
and privale contract righls and development or usage rights of Seller wilh respect to the Land.
1.19 Land. The unimproved real property more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference and appurtenant easements thereto, together
with all of Seller's right, title and interest in and to all easements, rights of way, strips and gores
ofland, tenements, hereditaments and appurtenances, reversions, remainders, privileges, licenses
and other rights and benefils belonging solely to, running solely with or in any way relating
solely thereto; together with all right, title and interest of Seller (if any) in and to any land lying
in the bed of any street, road or highway, open or proposed, in front of, abutting or adjoining the
Land.
1.20 Legal Requirement. All laws, statutes, codes, acts, ordinances, orders, judgments,
decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and
requiremenls of all Governmental Authorities and quasi-governmental authorities, officials,
agencies, and officers, ordinary or extraordinary, which now are applicable to the Property or the
Adjacent Property or any use, operation or condition thereof.
1.21 Owner's Title Policy. An Owner's marketability policy of title insurance issued
by the Title Company, at Purchaser's expense, on the most current ALTA Form for the Property
in the amount of the Purchase Price, subject only to the Permitted Exceptions, and containing
such additional endorsements permitted under Florida title insurance regulations as requested by
Purchaser.
1.22 Permits. All consents, notices of completion, environmental and ulility permits
and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals
from any Governmental Authority or quasi-governmental authority issued or granted with
respect to lhe Property or the Adjacent Property now or prior to Closing.
1.23 Permitted Exceptions. Those matters identified or referred 10 in Section 5.3 and
such other title exceptions as may hereafter be approved in writing by Purchaser (or deemed to
have been approved by Purchaser) subject to and in accordance with the terms and provisions of
Seclion 5 herein.
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1.24 Person. Any individual, sole proprietorship, partnership, limited liability
partnership, joint venture, trusl, unincorporated organization, associalion, corporation, limited
liability company, institution, entily, party or government (whether national, federal, state,
county, city, municipal or otherwise, including, without limitation, any instrumentality, division,
agency, body or department thereof).
1.25 Property. The following property:
1.25.1 The Land;
1.25.2 The Improvements; and
1.25.3 The Intangible Property and all interests of Seller lherein.
1.26 Purchaser's Altorney. Weiss Serota Helfman Pastoriza Guedes Cole & Boniske,
PA, Altention: Steven W. Zelkowitz, Esq. Purchaser's Altorney's mailing address is 2665 South
Bayshore Drive, Suite 420, Miami, Florida 33133. Telephone: (305) 854-0800; Telecopier:
(305) 854-2323,
1.27 Real Property. The Land and the Improvements.
1.28 Remaining Commercial Property. The real property owned by Seller which is
more particularly described on Exhibit "H"
1.29 Rezoned Property. The real property owned by Seller, which is included in the
Adjacent Property, but is currently zoned "B-2" and more specifically described on Exhibit "I"
hereto.
1.30 Seller's Attornev: Greenberg Traurig LLP, Altention Clifford A Schulman. Esq.
Seller's Altorney's mailing address is 1221 Brickell Avenue, Miami, Florida 33131. Telephone:
(305) 579-0613. Telecopier: (305) 579-0717.
1.31 Seller Caused Monetarv Lien. Any materialman's or mechanic's lien, mortgage
or other document recorded in the public records againsl the Property evidencing a monetary
obligation created by or through Seller.
1.32 Seller's Records. All books, records and documents maintained by Seller or
compiled by or al the request of Seller and in the possession or control of Seller specifically
relating to the ownership, use, development, operation, management, occupancy or maintenance
of the Property.
1.33 Submission Documents. The diligence items to be delivered to Purchaser
pursuant to Section 9 hereof, which include Seller's Records and the Permits.
1.34 Survey: An updated survey of the Land, at Purchaser's expense, prepared by a
licensed surveyor in the State of Florida, certified as meeting lhe minimum slandards for survey
in the State of Florida. The Survey shall (i) show the square footage and acreage of the Land,
ftl..rvOl\423950vll
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(ii) show the location of any Improvements, utility and other lines and easements. either visible
or recorded, and the recording references of all the recorded easements shown on the Tille
Commitment, (iii) show lhe elevation and flood zone information, and (iv) conlain such other
items as may be reasonably required by Purchaser.
1.35 Title Commitment. The commitment for title Insurance to be obtained by
Purchaser, at Purchaser's expense, pursuant to Section 5 below.
1.36 Title Company. First American Title Insurance Company.
SECTION 2: PURCHASE AND SALE
2.1 Purchase and Sale. Purchaser shall purchase the Property from Seller, and Seller
shall sell, convey, transfer and assign the Property to Purchaser, subject to and in accordance
with the terms and conditions of this Agreement.
2.2 As-Is: Except as otherwise expressly set forth in this Agreement, the Property is
being conveyed to Purchaser "as-is" and "where-is" without any representations or warranlies of
any kind whatsoever including, withoullimitation, the environmental status and condition of the
Property. Purchaser has and will rely solely on Purchaser's own independent investigations and
inspections, and Purchaser has not relied and will nol rely on any representation of Seller other
than as expressly set forth in this Agreement. Purchaser further acknowledges and agrees that,
except for the specific representations made by Seller in this Agreement, Seller has made no
representations, is not willing to make any representations, nor held out any inducements to
Purchaser other than those (if any) exclusively set forth in this Agreement; and Seller is not and
shall not be liable or bound in any manner by any express or implied warranties, guaranties,
statements, representations or information pertaining to the Property, except as may be
specifically set forth in this Agreement or in any document delivered by Seller to Purchaser or
the Title Company at Closing pursuant to Section 13 hereof. The provisions of this Section 2.2
shall expressly survive the Closing and the delivery of the deed.
SECTION 3: EARNEST MONEY
Within three Business Days after the Effective Date, Purchaser shall deposit in escrow
with the Escrow Agent Three Hundred Eighty Thousand and No/I0(}f)01ldi5 ($380,000.00) as
Earnest Money, 10 be delivered to Seller at Closing and applied as a credit against the Purchase
Price (as defined below) at Closing. Escrow Agenl shall hold and disburse the Earnest Money in
accordance with the terms of this Agreement. Escrow Agent shall invest the Earnest Money in a
United States federal government insured interest-bearing account of a financial institution
located in Miami-Dade, Broward or Palm Beach County, Florida. Purchaser and Seller agree to
sign all forms and reports reasonably required in connection with the holding and investing by
Escrow Agent of the Earnest Money. For purposes of reporting earned interesl with respect to
the Earnest Money, Purchaser's Federal tax identification number is 65-0662615 and Seller's
Federal tax identification number is 59-0526292.
1l.1_5l"'Xl1\423950vll
5
SECTION 4: PURCHASE PRICE
The purchase price for the Property shall be Three Million Eight Hundred Thousand and
Noll 00 Dollars ($3,800,000.00) (herein referred to as the "Purchase Price"). The entire
Purchase Price, less the amount of the Eamesl Money and subjecllo adjustments and prorations
as herein provided, shall be due and payable to the Seller by cashier's check or in immediately
available funds, by wire transfer, at Closing; it being understood that the Environmental
Contribution shall be paid inlo escrow by Seller at Closing in accordance with Seclion 10.3.
SECTION 5: TITLE/SURVEY
Title to the Property shall be good and marketable and insurable fee simple title subject to
the Permilted Exceptions in an amount of the Purchase Price at no more than the Title
Company's ordinary or promulgated rates for the Owner's Title Policy.
5.1 Examination of Title. Prior to the Effective Date, Seller has delivered to
Purchaser's attorney a copy of Seller's existing title insurance policy covering the Property (First
American Title Insurance Company Policy No. FA-35-272947, issued October 26, 1999 at 8:00
a.m., effective September 1,1999 at 3:00 p.m.) and copies of the exceptions with respect to the
Property as referenced therein. Purchaser may obtain, at Purchaser's expense, an AL T A
marketability title insurance commitment (lhe "Title Commitment") issued by the Title Company
covering the Land pursuant to which the Title Company agrees to issue the Owner's Title Policy
to Purchaser. The cost of the Title Commitment and the Owner's Title Policy shall be paid by
Purchaser.
5.2 Survey. The Seller has delivered 10 Purchaser an unsigned copy of that certain
survey of the Property by Michael D. Avirom, P.LS., dated as of September 20, 2000 (the
"Original Survey"). At Purchaser's option, Purchaser may obtain the Survey. The cost of the
Survey shall be paid by Purchaser. The Purchaser and Seller acknowledge the condition of the
Property with (a) the existence of the easement in favor of Florida Power & Light Company
(identified as an overhead wire on the Original Survey and recorded June 27, 1957 in O.R.
Book 311, page 306, Miami-Dade County records) and (b) the existence and currenllocation of
the power lines relating to such easement. If Purchaser is dissatisfied with the costs relaling to
the relocation of said power lines, then Purchaser's sole right shall be to terminate this
Agreement by notifying Selleror Seller.s Altorney of such termination on or before 5:00 p.m. on
the date which is thirty (30) days from the Effective Date, whereupon the Earnesl Money shall be
refunded 10 Purchaser by the Escrow Agent and thereafter neither party hereto shall have any
further rights, obligations, or liabilities hereunder except to the extent that any righi, obligation
or liabilily set forth herein expressly survives termination of this Agreement. If Purchaser fails
to timely notify Seller of such termination, then Purchaser shall be deemed to have waived its
right to terminate this Agreement pursuant to this Section 5.2 and to have accepted the condition
of the Property with the existence of such easemenl and the existence and current location of the
power lines.
5.3
Permitted Exceptions. The sale of the Property shall be subject to the following:
fl.l..rvOl\42J9S0vll
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5.3.1 The lien of all ad valorem real estate taxes and assessments for the tax
year in which Closing occurs, subject to proration as herein provided, and subsequent years;
5.3.2 Any items shown on the Title Commitment and approved or deemed
approved by Purchaser in accordance with Section 5.4 below;
5.3.3 All laws, ordinances, and governmental regulations, including, but not
limited to, all applicable building, zoning, land use and environmental ordinances and
regulations;
5.3.4 All restrictions, reservations, easements, covenants, agreements,
limitations and other matters appearing of record (provided that the foregoing exception shall not
be deemed 10 limit the rights and obligations of the Purchaser and Seller set forth in Sections 5.4
through 5.7, inclusive, below.
5.3.5 All matters which would be disclosed by an accurate survey of the Land
provided thai lhe foregoing exception shall not be deemed to limit the rights and obligations of
the Purchaser and Seller set forth in Sections 5.4 and 5.7 below;
5.3.6 All matters deemed hereunder to be Permitted Exceptions; and
5.3.7 All matters created by, through or under Purchaser.
The above items described in this Section 5.3 are herein collectively referred to as the
"Permitted Exceptions."
5.4 Obiections to Title/Survey. Purchaser shall be entitled to object, in its reasonable
discretion, to any exceptions to title disclosed in the Tille Commitment and/or matters shown on
the Survey which render title unmarketable by delivering written notice thereof to Seller no later
than the date which is thirty (30) days after lhe Effective Date, and if Purchaser shall fail to so
timely object, any matters shown on the Survey and/or Title Commitment shall be deemed
approved by Purchaser and considered Permitted Exceptions. In the event that Purchaser shall so
object to the Title Commitment and/or lhe Survey, Seller shall have the right (in Seller's sole
discretion) within fifteen (15) days after receipl of such nolice to cure Purchaser's objections to
Purchaser's reasonable satisfaction, it being understood lhat Seller shall be under no obligation to
cure Purchaser's objections. In the event Seller is unwilling or unable to so cure such objections
within such fifteen (15) day period, Purchaser may (i) waive such objections or (ii) terminate this
Agreement by written notice to Seller given no later than the last day of such fifteen (15) day
period, in which event the Earnest Money shall be immedialely returned to Purchaser and neither
Purchaser nor Seller shall have any further obligalions hereunder, except obligations that
expressly survive the termination of this Agreement. If the Purchaser does not timely provide
such notice of cancellation, Purchaser shall be deemed to have waived such objections (and to
have approved and accepted same) and such objections shall be deemed Permitted Exceplions.
5.5 Cure of Seller Caused Monetary Liens. Notwithstanding Section 5.4 above, if the
Title Commitment reveals the existence of a Seller Caused Monetary Lien, then Seller shall pay
f\1.srvOl\423950~11
7
any amount due in satisfaction of each such Seller Caused Monetary Lien as to the Property only
(or otherwise cause the same to be removed as an exception in lhe Title Commitment) which
amount, at the option of Seller, may be paid from the proceeds of the Purchase Price al Closing.
5.6 Non-Seller Caused Monetary Liens. If the Tille Commitment reveals the
existence of any non-consensual monetary obligations of Seller such as judgments ("Non-Seller
Caused Monetary Liens"), then, subject to the Cure Limit (as defined herein), Seller shall pay the
amount due in satisfaction of each Non-Seller Caused Monetary Lien as to the Property only (or
otherwise cause the same to be removed as an exception in the Title Commitment) which
amount, at the oplion of Seller, may be paid from the proceeds of lhe Purchase Price at Closing.
Notwithstanding the foregoing, if the amount of the Non-Seller Caused Monetary Liens, either
individually or in aggregate, exceeds Twenty-Five Thousand and 00/1 00 Dollars ($25,000.00)
(the "Cure Limit"), Seller shall have the right (in Seller's sole discretion) within fifteen (15) days
after receipt of Purchaser's title objection notice as sel forth in Section 5.4 to advise Purchaser as
to whether it will pay the amount in excess oflhe Cure Limil necessary to satisfy the Non-Seller
Caused Monetary Liens. If Seller elects not to pay the amount in excess of the Cure Limit,
Purchaser shall have the options (on lhe same terms and conditions) as set forth in Section 5.4 (i)
and (ii) above.
5.7 Purchaser's Right to Terminate. If any title matter which renders title
unmarketable other than a matler disclosed in the Title Commitmenl or the Survey arises or
becomes known to Purchaser subsequent to the date of lhe Title Commitment (a "New Tille
Matler") and such New Title Matler is (a) a Seller Caused Monetary Lien (b) a Non-Seller
Caused Monetary Lien the monetary amount any of which is not (in lhe aggregate together with
the monetary amount of any other Non-Seller Caused Monetary Liens) in excess of the Cure
Limit or (c) was created or consented to by Seller, then Seller shall cure the New Title Matler, at
Seller's expense, on or before Closing. If the New Title Matler is (x) a Non-Seller Caused
Monetary Lien the monetary amount any of which is (in the aggregate together with the
monetary amount of any other Non-Seller Caused Monetary Liens) in excess of the Cure Limit
or (y) was nol created or consented to by Seller, then Seller may (at its sole oplion, but shall not
be obligated to) cure same until the earlier of (i) five (5) Business Days of Seller's receipl of
written notice thereof or (ii) the Closing Date, and if such New Title Matler is not cured within
such period, then Purchaser may, at its sole option, exercised by writlen notice to Seller within
five (5) Business Days following the expiration of the five (5) Business Day cure period, either
(i) terminate this Agreement and receive a refund of the Earnest Money or (ii) elect to close and
accept title to lhe Property subject to such New Title Matters without claim against the Seller
therefor and wilhout reduction to the Purchase Price in which case all such New Title Matlers
shall be deemed Permitted Exceptions. In the event of termination, neither party hereto shall
have any further rights, obligations or liabililies hereunder except to the extent that any right,
obligation or liabilily set forth herein expressly survives termination of this Agreement.
SECTION 6: SELLER'S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to Purchaser and covenants and agrees with Purchaser, on
and as of the date hereof, to be certified to Purchaser on or as oflhe Closing, as follows:
IlI_srvOl\.423950vil
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6.1 Title: Seller is the fee simple owner of the Land and Improvements free and clear
of all encumbrances excepl for any encumbrances disclosed in lhe Submission Documents and
the Permitled Exceptions (without modification arising with regard to Purchaser's rejection or
disapproval of any of the items pursuant to this Agreement).
6.2 Organization, Power and Authority. Seller is a corporation duly formed, validly
existing and in good standing under the laws of the State of Florida. Seller is, to the extenl
required by law, duly qualified to do business in the State in which the Property is located and
has all necessary corporate power 10 execute and deliver this Agreement and perform all its
obligations hereunder. The execution, delivery and performance of this Agreement by Seller
(i) has been duly and validly authorized by all necessary action on the part of Seller, and (ii) does
not conflict with or constitute a breach of, or constitute a default under, any material contract,
agreement or other instrument by which Seller or the Property is bound or to which Seller is a
party.
6.3 No Bankruptcy. Seller is not a party to any voluntary or involuntary proceedings
under any applicable laws relaling to the insolvency, bankruptcy, moratorium or olher laws
affecting creditors righls 10 the extent that such laws may be applicable to Seller or the Property.
6.4 No Litigation. To its actual knowledge, Seller is not a party to or affected by any
litigation, adminislrative action, investigalion or other governmental or quasi-governmental
proceeding which would have or could reasonably be expected to have a material adverse effect
upon the Property or upon lhe ability of Seller to fulfill its obligations under this Agreement. To
Seller's actual knowledge, there are no lawsuits, administrative actions, governmental
investigations or similar proceedings pending or to lhe Seller's actual knowledge threatened
againsl or adversely affecting the Property or any portion thereof or any interest therein.
6.5 No Violalions. To Seller's actual knowledge, there are no presently outstanding
and uncured notices of any violations of any Legal Requirements, and 10 Seller's actual
knowledge, no Person capable of issuing such notice of violation has threatened to issue a notice
of violations.
6.6 Assessments. Seller has no actual knowledge and Seller has not received writlen
notice of any assessments by a public body, whether municipal, county or state imposed,
contemplaled or confirmed and ralified against any of lhe Property for public or private
improvements which are now or hereafter payable.
6.7 No Rights to Purchase. To Seller's actual knowledge, except for this Agreement,
Seller has not entered into any agreement, commitment, option, right of first refusal or any other
agreement, whether oral or writlen, with respect to the purchase, assignment or transfer of all or
any portion of the Property which is currently in effect.
6.8 Parties in Possession. Other than Seller, there are no parties in possession of any
portion of the Real Property as lessees, tenants at sufferance or trespassers, to Seller's actual
knowledge.
ftl-srv<Jl\423950vll
9
6.9 Unrecorded Agreements Restricting Use of the Prooertv. To Seller's actual
knowledge, Seller has not execuled or caused 10 be executed any document with or for the
benefit of any Governmental Authority restricting the development, use or occupancy of the
Property that is not recorded in the land records of the county in which the Real Property is
located or has not been specifically disclosed in writing to Purchaser.
6.1 0 Actual Knowledge. As used in this Agreement or in any Exhibit attached hereto,
any reference to "actual knowledge" of Seller shall mean the present, actual knowledge of Scott
Savin, President and General Manager of Seller, provided however, that he shall not have done
any invesligalion with respect to such matters, nor shall he be under any dUly of inquiry.
6.11 Effect of Purchaser's Knowledge. Purchaser shall be deemed to have waived in
full any breach of any of Seller's representations and warranties and covenants and agreements
of which Purchaser has actual knowledge at Closing.
6.12 Survival. The foregoing representations, warranties, covenants and agreements of
Seller in this Section 6 shall survive the Closing or lermination of this Agreement for a period of
one (1) year thereafter, except for Section 6.1 which shall not survive the Closing.
SECTION 7: PURCHASER'S REPRESENTATIONS AND WARRANTIES
Purchaser represents and warrants to Seller and covenants and agrees with Seller that the
following facts and conditions exist and are true as of the date hereof and shall exist and be true
(and certified as such) as of the date of the Closing.
7.1 Purchaser is a validly formed municipal cOllJoration in good standing organized
and existing under the laws of the State of Florida and has all requisite power and authority to
purchase the Property and to enter into and perform its obligations hereunder. The execution,
delivery and performance of this Agreement by Purchaser (i) has been duly and validly
authorized by all necessary action on lhe part of Purchaser, (ii) has been approved by the
Purchaser in accordance with the laws of lhe State of Florida, the Charter of the Purchaser and
the Purchaser's Code of Ordinances, and (iii) does not conflict with or constitute a breach of, or
constitute a default under, any contract, agreement or other instrument by which Purchaser or the
Property is bound or to which Purchaser is a party.
7.2 Purchaser presently has and will have at Closing all funds or financing necessary
to pay and deliver to Seller the cash Purchase Price.
SECTION 8: SELLER'S COVENANTS
From and after the date hereof, through and including the Closing Date, Seller agrees as
follows (each of which covenants is a condition to Purchaser's obligations to close under this
Agreement and musl be satisfied by Seller or waived by Purchaser in writing prior to Closing):
ftl-'lrvOJ\42J9S0vll
10
8.1 Inspection of Propertv. Subject to Section 9.2, Seller will allow Purchaser and its
agents and contractors to enter upon the Property for any purpose in connection with Purchaser's
proposed purchase, use and operation of the Property.
8.2 Management Prior to Closing. Between the date of this Agreement and the
Closing Date, Seller shall maintain the Property in substantially the same physical condition as
on the date of Seller's execution of lhis Agreement (other than as a result of a force majeure).
8.3 Notices. Seller shall, promptly upon Seller's obtaining actual knowledge thereof,
provide Purchaser with a written notice of any event which has a material adverse effect on the
physical condilion of the Property.
8.4 Notices of Violation. Promptly after Seller obtains actual knowledge or upon
receipt of written nolice thereof, Seller has provided or shall provide Purchaser with written
notice of any violation of any Legal Requirements affecting the Property, any service of process
relating to the Property or which affects Seller's ability to perform its obligations under this
Agreement or any other correspondence or notice received by Seller which has or has the
potenlial to have a material adverse effecl on lhe Property. Promptly after Purchaser obtains
actual knowledge or upon receipt of written nolice thereof, Purchaser has provided or shall
provide Seller with written notice of any service of process which affects Purchaser's ability to
perform ils obligations under this Agreement. ..
8.5 Notification of Change of Circumstances. Each of Purchaser and Seller shall
provide the other with written notice of any transaction or occurrence prior to Closing which
could make any of the warranties, representations, covenants and agreements of such party under
this Agreement not true with the same force and effect, as if made on or as of the date hereof
8.6 Seller's Cooperation. If requested by Purchaser, Seller will promptly execute all
petitions, applications, easements, plats, site plans, waivers of plats, and other documents which
Purchaser may reasonably request and otherwise reasonably cooperate with Purchaser in
connection with Purchaser obtaining or granting any permit, plat, waiver of plat, site plan
approval, easement, righl-of-way dedication, rezoning, right-of-way deed, variance or other
administrative authorization (each an "Authorization") required for Purchaser's proposed
development of the Real Property and permitted prior to Closing, provided however, that such
cooperation shall be at no cost (other than internal review costs) or liability to Seller and none of
the foregoing Authorizations shall be effective prior to Closing.
8.7 SurvivaL None of the covenants contained in this Section 8 shall survive Closing
and the delivery of the Deed, except that Seller's obligations under Section 8.6 shall survive the
Closing.
SECTION 9: PURCHASER'S DUE DILIGENCE AND INSPECTION OF
PROPERTY
9.1 Documents to be Delivered by Seller. Within ten (10) calendar days after the
Effective Date, Seller shall provide to Purchaser copies of all documents, records, reports,
fll-srv01\423950vll
II
studies, data and information, if any, relating solely to the Property in Seller's possession,
including, wilhout limitation, any existing tesls, surveys, title policies, licenses, permils,
engineering and/or environmental analyses, soil test borings, Seller's Records, Permits and tax
bills, if any, (lhe "Submission Documenls"). The Seller shall continue up until the Closing to
provide any material Submission Document received by Seller after the Effective Date.
9.2 Inspection of Propertv. Purchaser or its appointed agents or independent
contractors shall have, at all reasonable times prior to the Closing, the privilege of going upon
the Real Property, at Purchaser's sole cost and expense, to inspect, examine, test, investigate,
appraise and survey the Property, including, without limitation, soils and environmental tests and
inspections; provided, however, in the case of any intrusive inspection or test (e.g., core
sampling), Purchaser must obtain Seller's prior written consent (which consenl shall not be
unreasonably withheld, delayed or conditioned) and in the case of any soil borings, Purchaser
agrees to provide for split sampling by its contractors. In exercising the privileges granted
pursuant to this subsection 9.2, Purchaser shall substantially restore lhe Property to the condilion
existing prior 10 such activities on the Property. In consideration of Purchaser's right 10 inspect
the Property as described in this subsection 9.2, subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, Purchaser agrees to indemnify, defend and hold
Seller hannless from any aclions, suits, liens, claims, damages, expenses, losses and liability for
damage of any kind arising from or attributable to any acts performed by Purchaser or its
appointed agents or independent contractors in exercising Purchaser's rights under this
subsection 9.2 (including, without limitation, any rights or claims of materialmen or mechanics
to liens on the Property, but excluding any matter to the extent arising out of the negligence or
misconduct of Seller). This agreement to indemnify Seller shall survive the Closing and any
termination of this Agreement. In conducting any inspections, investigations or tests of the
Property and/or Submission Documents, Purchaser and its agents and representatives shall:
(i) not interfere with the operation and maintenance of lhe Property; (ii) not damage any part of
the Property or any personal property owned or held by any party; (iii) maintain comprehensive
general liability (occurrence) insurance in an amount of not less than TWO MILLION AND
00/100 DOLLARS ($2,000,000.00) covering any accident arising in connection with the
presence of Purchaser, its agents and representatives on or relating to the Property, and listing
Seller as an additional insured under such policy and shall deliver a certificate of insurance
verifying such coverage to Seller prior to entry upon the Property; (iv) not injure or otherwise
cause bodily harm to Seller, or its respective agents, guests, invitees, contractors and employees
or their guests or invitees; (v) comply with all applicable laws; (vi) promptly pay when due the
costs of all tests, investigations, and examinations done with regard to the Property; (vii) not
permit any liens to attach to the Property by reason of the exercise of its righlS hereunder;
(viii) repair any damage to the Property resulting directly or indirectly from any such inspection
or tests; and (ix) not reveal or disclose prior to Closing any information obtained concerning the
Property and the Submission Documenls except as may be otherwise required by law and as set
forth in Section 10.1 below.
9.3
Intentionally Omitted.
ftl-srv01I4239S0v]I
12
SECTION 10:
ENVIRONMENTAL REMEDIATION
10.1 Purchaser's Remedialion Obligation. Subject to lhe Seller's obligations in
Section 10.3 below, following the Closing, Purchaser agrees to be solely responsible for, and
cause to be perfonned, any environmental clean up and remediation arising under Environmental
Requirements with respect to Hazardous Materials located in, on, or under the Property. The
parties acknowledge that Purchaser has obtained an Environmental Report assessing the presence
of any Hazardous Materials on the Property. Said Environmental Report has disclosed
Hazardous Materials on the Property. Purchaser is hereby authorized to disclose said
infonnation to lhe applicable Governmental Authorilies in order to evaluate, fonnulate, and
agree upon the necessary environmental clean-up and remediation obligalions associated with
such Hazardous Materials. Purchaser's disclosure of such infonnation to lhe applicable
Governmenlal Authorities shall in no way alter, modify, or diminish its right to tenninate this
Agreement as sel forth in this Agreement The foregoing obligalion does not include any liability
and/or obligations associated with Hazardous Materials that may have migrated off the Property
to adjacent properties. The liability and obligations associated with such off-site contamination
shall be governed by applicable Environmental Requirements. Purchaser hereby agrees to release
Seller from any and all liability (other than the Environmental Contribution) relating in any way
to the environmental clean up and remediation of or on or under the Property, arising under
Environmental Requirements with respecl to Hazardous Materials located in, on or under lhe
Property and/or relating to the environmental condition or status of the Property; provided,
however, that Purchaser does not release Seller from any liability relating in any way to any
release, discharge, spill or other event which first occurs after lhe Closing Date on Seller's
Adjacent Property which causes environmental contamination of or on or under the Property.
10.2 Selection of Environmental Remediation Contractor; Remediation Standards.
Purchaser agrees to select the contractor (the "Environmental Contractor") to perfonn lhe
environmental clean-up and remediation work in accordance with City of Aventura Code
Sections 2-251 through 2-260, inclusive, requirements regarding contractor procurement and as
set forth herein. Purchaser shall obtain bids or proposals from at least three qualified, licensed,
independent contractors to perfonn the clean-up services and agrees to submit such bid packages
or requests for proposals, and bids or proposals to Seller in advance of Purchaser's requests for
bids or proposals, and selection of a contractor for Seller's review and comment including with
respect to the choice of contractor and lhe scope and timing of the work to be perfonned. Prior
to entering into any agreement for the perfonnance of the environmental clean-up and
remediation work, the Purchaser shall provide to the Seller the proposed agreement including
scope of work and cost estimates for Seller's review. Notwithstanding anything herein to the
contrary, the Seller shall have no liability from the choice of the Environmental Contractor and
Purchaser expressly releases Seller from any such liability.
10.3 Seller's Payment of Environmental Remediation Costs. In consideration of
Purchaser's agreement 10 perfonn the environmental clean-up and remediation work as set forth
in Section 10.1 above, Seller agrees to contribute up to One Million and NollOO Dollars
($1,000,000.00) (the "Environmental Contribution") to the costs thereof, which costs shall
include, but not be limiled to, labor and materials, contractor's overhead and profit, Hazardous
ft\-srvOI\423950vll
13
Materials transportation and disposal costs, all fines, penalties, costs, and expenses assessed by
the applicable Governmental Authorities, and attorneys' fees and costs incurred by Purchaser in
connection with lhe foregoing except any such costs attributable to the acls of Purchaser
(colleclively, the "Remediation Costs"). As the environmental clean-up and remediation work as
sel forth in Section 10.1 above will not be performed until after the Closing, Seller hereby
authorizes Escrow Agent to retain the Environmental Contribution from Seller's closing
proceeds and disburse the Environmental Contribution to pay third parties or reimburse
Purchaser, as applicable, for the Remediation Costs. Prior to the disbursement by Escrow Agent
of any Remediation Costs, Purchaser shall provide Seller with written notice thereof specifying
the basis and amounts of such costs for Seller's review and pre-approval, which shall not be
unreasonably withheld or conditioned; it being acknowledged and agreed that payments made
pursuant 10 the agreemenl with the Environmental Contractor are not subject to dispute by the
Seller. The remaining balance of the Environmental Contribution shall be disbursed by Escrow
Agent to Seller upon the occurrence of the earlier of either (a) the completion of the
environmental clean-up and remediation work as set forth in Section 10.1 above as evidenced by
the appropriate approvals and documenlation from the applicable Governmental Authorities
including, but nOllimited to, no further action letters or (b) the date which is twenty four (24)
monlhs from the Closing Date (the "Outside Remedialion Date"), provided that if, upon such
Outside Remediation Date, the environmental clean-up and remedialion work as set forth in
Section 10.1 above is not completed as sel forth in subparagraph (a), Purchaser at its sole option
may extend the Outside Remediation Date for a period of time not to exceed six (6) months
from the Outside Remediation Date by giving ten (10) Business Days prior written notice thereof
to Seller so long as (i) Purchaser is and has been diligently and actively pursuing the
environmental clean-up and remediation work as set forth in Section 10.1 above and
(ii) Purchaser delivers to Seller a written certification from the Environmental Contractor to
Seller lhat the environmental clean-up and remediation work as set forth in Section 10.1 above
will take such additional time.
lOA Remediation Standards. The environmental clean-up and remediation work shall
be that work minimally required by applicable Environmental Requirements as approved by
applicable Governmental Authorities for use of the Property as a park facility, without
consideration of future uses. Purchaser, at its sole option and expense, may do more extensive
environmental clean-up and remediation work on the Property (but any such expense shall not be
paid for out of the Environmental Contribution). Seller shall have-thirty (JO) days to review and
comment on the Environmental Contractor's proposed plan for remediation and clean-up. In the
event thai Seller fails to provide such comments within such thirty (30) day period, the remainder
of this Section lOA is inapplicable. In the event that, based on applicable Environmental
Requirements, Seller believes that the proposed environmenlal clean-up and remediation work is
more extensive than that which the applicable Governmental Authorities would approve as a
minimum requirement, Seller shall have an additional thirty (30) days in which to seek such a
written determination from the applicable Governmental Authorities; provided, however, if such
written determination is not made by the applicable Governmental Authorities within such
additional thirty (30) day period, the parties agree 10 proceed with the environmental clean-up
and remediation work as proposed by the Environmental Contractor. Purchaser shall use
IU-srvOI\423950~11
14
reasonable efforts to cause the Environmental Contractor to incorporate Seller's comments into
the plan for remediation and clean-up.
10.5 Status of W orkINolice of Hearings. Purchaser shall provide periodic updates to
Seller of the progress of the Environmental Conlraclor. Purchaser shall provide advance notice
and opportunity to appear to Seller of any public hearings regarding the environmental
remediation and clean-up.
10.6 Survival. The provisions of this Section 10 shall expressly survive the Closing
and delivery of the Deed.
SECTION 11:
CLOSING
The Closing Date shall occur on the date which is one hundred and fifty (150) days from
the Effective Date; provided, however, that the Closing Date may be extended by Seller in its
sole option by delivering written notice thereof to Purchaser at least five (5) Business Days prior
to aforementioned Closing Date if the Seller's condition precedent set forth in Section 11.4.3
shall not be satisfied as of lhe Closing Date so long as Seller timely submitted lhe Required
Applications (as defined below) as required by Section 11.4.3 and is with reasonable diligence
and in good faith pursuing satisfaclion of such condition precedent. Said extension shall only be
unlil such time as the condition precedent is satisfied and in no evenl more than thirty (30) days.
The Closing shall be held at the offices of Purchaser's Attorney, at a time mutually acceptable to
both parties. If no such selection is timely made, the Closing shall be held at 10:30 a.m. local
time on the Closing Date or at such other time or such other place as may be mutually agreed in
wriling by lhe parties hereto.
ILl Delivery: Possession. At Closing, Seller shall deliver to Purchaser the items
required of Seller under this Agreemenl, and Purchaser shall deliver to Seller the balance of the
Purchase Price (after crediting the Earnest Money and making other adjustments and prorations
as provided herein and less the Environmental Contribution) and lhe other items required of
Purchaser under this Agreement. Seller shall deliver possession of the Property to Purchaser,
subject only to the Permitted Exceptions at the time of Closing. Risk of loss shall remain wilh
Seller until Closing.
11.2 Closing Costs.
11.2.1 Seller's Costs. Seller shall pay (i) the fees and expenses of Seller's
attorneys, (ii) the documenlary stamps and surtaxes due on the Deed, and (iii) the cost of
recording any corrective instruments, if any.
11.2.2 Purchaser's Costs. Purchaser shall pay (i) any costs incurred by Purchaser
III preparing and performing its due diligence investigations, (ii) the cost of the Title
Commitment, (iii) the premium for the Owner's Title Policy, (iv) the cost of recording the Deed,
(v) the cost of the Survey, and (vi) the fees and expenses of Purchaser's altomeys.
ftl_sn<Jl\423950vll
15
11.2.3 Other Costs. Any other costs not specifically provided for in
subsection 11.2.1, subsection 11.2.2 or otherwise pursuant to the terms of this Agreement shall
be paid by the party who incurred those cosls, or if neither party is charged with incurring any
such costs, then by the party customarily assessed for such costs in the place where the Property
is located. Any escrow fees, document preparation charges of the Tille Company and olher
escrow related charges of the Escrow Agent in its capacity as escrow agent only shall be paid by
Purchaser.
11.2.4 Survival. The provisions of this subsection 11.2 shall survive the Closing
and the delivery of the Deed for a period of one (I) year thereafter.
11.3 Purchaser's Conditions to Closing. Purchaser's obligation to purchase the
Property is expressly conditioned upon the fulfillment or satisfaction of each of the following
conditions precedent on or before the Closing Date (any of which may be waived only in writing
by Purchaser in its discretion):
11.3.1 Seller shall have fully performed in all material respects each undertaking
and covenant and agreement to be performed by Seller under this Agreement including, but not
limited to, delivery of all ilems and documents required under Section 13 below;
11.3.2 Each representation and warranty made in this Agreemenl by Seller shall
be complete, true and accurate in all material respects;
11.3.3 Except as cured by Seller or otherwise approved or waived in writing by
Purchaser, no event shall have occurred which may have a material adverse effect on the
physical condition of the Property.
If any of the foregoing conditions are not satisfied at or before the Closing Date, then
Purchaser, as its sole remedy may either (1) terminate lhis Agreement by written no lice to Seller,
in which event the Earnest Money shall be returned to Purchaser and the parties shall be released
from all obligations and liabilities under this Agreement except those thai expressly survive
termination of this Agreement or (2) elect to close and accept the Property and title thereto "as
is" without claim against the Seller therefor and without reduction to lhe Purchase Price. If the
Purchaser does not timely deliver to Seller such notice of terminalion by the Closing Date, lhen
Purchaser shall be deemed to have elected to proceed pursuant to subsection (2) of lhe preceding
sentence. If the failure of any of the foregoing would constitule a default hereunder, Purchaser
shall have the rights and remedies provided in Section 18.
11.4 Seller's Conditions to Closing. Seller's obligation to sell the Property is expressly
conditioned upon the fulfillment or satisfaction of each of the following conditions precedent on
or before the Closing Date (any of which may be waived only in writing by Seller in its
discretion):
11.4.1 Purchaser shall have fully performed in all material respecls each
undertaking and covenant and agreement to be performed by Purchaser under this Agreement;
ftl-srvOl\423950\l11
16
11.4.2 Each representation and warranty made in this Agreement by Purchaser
shall be complete, lrue and accurate in all material respects;
11.4.3 Seller shall have obtained from Purchaser "final Approval" (which for
purposes of this Agreement shall mean that all appeal periods have expired without the filing of
an objection, or if an objection is filed within the appeal period, such objection is resolved in
Seller's favor) of (a) zoning district boundary change (the "Zoning Change") for the Adjacent
Property, which would increase the portion of the Adjacent Property in the MO (Medical Office)
zoning district, such that the Rezoned Property would be included in the MO (Medical Office)
zoning district and the Remaining Commercial Property would remain in the B-2 Commercial
zoning district, and (b) a conditional use application (the "CUA") for lhe portion of the Adjacent
Property in the MO (Medical Office) zoning district (including the portion currently zoned MO
and the Rezoned Property) all for a mixed use project including residential which does not to
exceed twenty (20) stories in height and a residenlial densily of thirty-five (35) dwelling units
per gross acre and with only such conditions lhat are acceptable to Seller (in its sole discretion)
(collectively the "Required Approvals"). Within 60 days after the Effective Date, Seller agrees,
at no cost or expense to Purchaser (except its review costs), to submil to the Purchaser complete
applications for the Required Approvals for the Adjacent Property (including the Rezoned
Property) as set forth above (colleclively, the "Required Applications"), and thereafter diligently,
expeditiously, and in good faith prosecute the Required Applications. Without limiting the
foregoing, Seller agrees to submit the Required Applications to Purchaser within sixty (60)
calendar days after the Effective Date. Purchaser agrees to process Seller's Required
Applications in accordance wilh applicable laws as set forth in its Code. Seller and Purchaser
acknowledge and agree that the final Approval of the Required Applications for a mixed use
project including residential which does not to exceed twenly (20) stories in height and a
residential density of thirty-five (35) dwelling units per gross acre and with only such conditions
that are acceptable to Seller (in its sole discretion) and the adoption of a Resolution consistent
therewith are conditions precedent to the Closing of the sale and purchase of the Property.
Within fifteen (15) Business Days following the approval by the City Commission of Aventura,
not final Approval, of the Required Applications and adoption of a Resolution consistent
therewith, Seller shall provide Purchaser with written notice identifying which, if any, of the
conditions oflhe Required Approvals are unacceptable to Seller ("Seller's Objection Notice"). If
Seller fails to provide Seller's Objection Notice to Purchaser wilhin such fifteen (15) Business
Days period, then Purchaser shall provide notice to Seller of such failure to provide Seller's
Objection Notice ("Purchaser's Reminder NOlice"). Seller's conlinued failure to provide Seller's
Objection Notice to Purchaser within seven (7) Business Days after Seller's receipt of
Purchaser's Reminder Notice shall be deemed Seller's acceptance of all conditions of the
Required Approvals and, upon final Approval, the condition precedent set forth in this
Section 11.43 shall be deemed satisfied. Seller and Purchaser further acknowledge and agree
that (i) this Agreement and Purchaser's obligalion to process the Required Applications in
accordance with applicable law are not contract zoning, (ii) Purchaser makes no representations
and/or warranties that the Required Applications will be approved, and (iii) the terms and
conditions of this Agreement shall in no way be deemed or construed as Purchaser's agreement
to support the Required Applications.
ftl-sMJI\423950vll
17
If the failure of any of the foregoing conditions are not satisfied at or before the Closing
Dale, then in addition 10 any remedy available 10 Seller under this Agreement, Seller may
terminate this Agreement by written notice to Purchaser, in which event the Earnest Money shall
be delivered to Seller as agreed as liquidated damages and the parties shall be released from all
obligations and liabilities under lhis Agreement except those that expressly survive termination
of this Agreement; provided, however, that if any of the foregoing would constilute a default
hereunder, Seller shall have the rights and remedies provided in Section 18.
SECTION 12:
PRORATIONS AND CREDITS AT CLOSING
All prorations provided 10 be made "as of the Closing Date" shall each be made as of
11 :59 p.m. local lime on the date immediately preceding the Closing Date. In each proration set
forth below, the portion thereof allocable to periods beginning with the Closing Date shall be
credited to Purchaser, or charged to Purchaser, as applicable, at Closing or, in the case of
allocations made after Closing, upon receipt of such payments or invoice as of the Closing Date.
Except as may otherwise be specified herein, the following ilems shall, as applicable, be prorated
between Purchaser and Seller or crediled to Purchaser or Seller:
12.1 Propertv Taxes and Assessments.
12.1.1 Taxes. Seller acknowledges and agrees that the Property is being
purchased by an exempt governmental entity and that the Seller must comply with
Section 196.295, Florida Slatutes, regarding real estate taxes. In connection with the foregoing,
prior to Closing, Seller, at Seller's cost and expense, shall cause the Miami-Dade County
Property Appraiser and Tax Collector, as applicable, to idenlify in writing the amount of prorated
real estate taxes to be paid to the Miami-Dade County Tax Collector in order to comply with
Section 196.295, Florida Statules. If for any reason the foregoing is not accomplished by the
Closing Date, a portion of Seller's proceeds of this transaclion as deemed necessary by the Title
Company shall be placed in escrow pending receipl of such information from the Miami-Dade
County Tax Collector. Upon Closing, Seller hereby authorizes disbursement to the Miami-Dade
County Tax Collector of the amount necessary to comply with Section 196.295, Florida Statutes.
Seller shall remain responsible for, and promptly pay to lhe Miami-Dade County Tax Collector,
any underpayments. Seller shall retain all right, title and interest in any tax refunds for years
prior to the Closing (and Purchaser agrees to promplly pay same to Seller upon receipt lhereof).
12.1.2 Special Assessments. Certified, confirmed and ratified special assessment
liens as of Date of Closing (and not as of the date of this Agreement), if any, shall be paid by
Seller or Purchaser shall receive a credit therefor. Pending liens as of Date of Closing shall be
assumed by Purchaser; provided, however, that where the improvement for which the special
assessment was levied, had been substantially completed as of the date of this Agreement, such
pending liens shall be considered as certified, confirmed or ratified and Seller shall, at Closing,
be charged an amount equal 10 the estimated assessment for the improvement. Notwithstanding
the foregoing, to the extent any of the foregoing certified, confirmed or ratified liens are payable
in installments, Purchaser shall take title subject to such lien(s) and shall assume the balance of
such installment payments. In such evenl, the installment payments for the year of Closing shall
be prorated as of 12:01 A.M. of the Closing Date. Seller shall retain all righi, title and interest in
ftl-smJ1\423950vll
18
any refunds for any such special assessments for periods prior to Closing (and Purchaser agrees
to promptly pay same to Seller upon receipt thereof).
12.2 Other Matters. Seller and Purchaser shall make such other adjustments and
apportionments as are expressly set forth in this Agreement
12.3 Survival The provisions of lhis Section 12 shall survive the Closing and the
delivery of the Deed. In the event final figures have not been reached on any of the adjustments,
prorations or costs which are to be adjusted at or prior to Closing pursuant to this Section 12, the
parties shall close using adjustments and prorations reasonably estimated by Seller and
Purchaser, subject to later readjustment when such final figures have been obtained. The parties
hereto agree lhal they shall seek to determine lhe amounts of all prorations and adjustments
required hereunder on or before the Closing Date, if possible, and to !he extent not then
obtainable within one (I) year of Closing.
SECTION 13:
CONVEYANCES AND DELIVERIES AT CLOSING
13.1 Special Warrantv Deed. At Closing, Seller shall convey lhe Real Property to
Purchaser by a duly executed and recordable special warranty deed in substantially the form
attached herelo as Exhibit "B" (herein referred to as "Deed"), subjecl only 10 the Permitted
Exceplions and the restrictions and conditions set forth therein.
13.2 Bill of Sale. At Closing, Seller shall also convey the Improvements to Purchaser
by a duly executed Bill of Sale in substantially the form attached hereto as Exhibit "C".
13.3 Seller's Records. At or simultaneously with the Closing, Seller shall deliver to
Purchaser lhe originals (or if originals are unavailable, certified copies) of the Seller's Records,
and the Permits related solely to the Property. Seller may keep copies of such materials at
Seller's sole cost and expense.
13.4 Section 1445 Certificate. Al Closing, Seller shall execute and deliver to
Purchaser and the Title Company a certificate substantially in the form as Exhibit "D" attached
hereto stating that Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code and the regulations thereunder.
13.5 Form 1 099. At Closing, Seller shall execute and deliver to Purchaser and the
Title Company such federal income tax reports respecting the sale of lhe Property as required by
the Internal Revenue Code and such other information reasonably required by the Title Company
to complele IRS Form 1099 with respect to lhis transaction.
13.6 Affidavit of Title. At Closing, Seller shall execute and deliver to Purchaser and to
the Title Company an affidavit in the form attached hereto as Exhibit "G".
13.7 Closing Statement At Closing, Seller and Purchaser shall execute and deliver a
Closing Statement which shall, among other items, set forth the Purchase Price, all credits
against the Purchase Price, the amounts of all prorations and other adjustments to the Purchase
ftl-srvOl\4239S0vll
19
Price and all disbursements made at Closing on behalf of Purchaser and Seller in accordance
with the terms oflhis Agreement.
13.8 Evidence of Authority. At Closing, each of Purchaser and Seller shall deliver to
the other the Evidence of Authority dated not more that five days before the Closing Dale.
13.9 General Assignment. At Closing, Seller will deliver to Purchaser a general
assignmenl, to the extent assignable, of the Seller's Records, Permits, the Intangible Property and
all other property and rights lhat relate solely to the Property and are included in the transaction
contemplated by this Agreement, which assignment shall be substantially in the form attached
hereto as Exhibit "E".
13.10 Transfer Tax Returns. Al Closing, Seller will execute and deliver Florida
Department of Revenue Form DR-2 19.
13.11 Physical Possession. At Closing, Seller shall deliver to Purchaser possession of
the Property.
13.12 Easement Agreement. At Closing, Purchaser shall execute and deliver to Seller
the Easemenl Agreement.
SECTION 14:
NOTICES
All notices, consent, approvals and other communications which may be or are required
to be given by either Seller or Purchaser under this Agreement shall be properly given only if
made in writing and senl by (a) hand delivery, (b) electronic facsimile or other transfer device
with telephone or other confirmation of receipl, provided that a hard copy of such notice is
mailed by US first class mail, postage prepaid, on or before the nexl Business Day following
such telecopy delivery or (c) a nationally recognized overnight delivery service (such as Federal
Express, UPS Next Day Air, Purolator Courier or Airborne Express), with all delivery charges
paid by the sender and addressed to the Purchaser or Seller, as applicable, as follows, or at such
other address as each may request in writing. Such notices shall be deemed received, (I) if
delivered by hand or overnight delivery service on the date of delivery and (2) if sent by
electronic transfer on the date transmission is confirmed by telephone or return electronic
transf~l [WIll the receiving party, provided that a hard copy of such notice is mailed by US first
class mail, postage prepaid, on or before the next Business Day following such telecopy delivery.
The refusal to accept delivery shall constitute acceptance and, in such event, the date of delivery
shall be the date on which delivery was refused. Said addresses for nolices are to be as follows:
ftl_srvOl\423950vll
20
IF TO SELLER:
with copies to:
IF TO PURCHASER:
with a copy to:
ftl-srvOl\423950vll
Gulfstream Park Racing Association, Inc.
901 South Federal Highway
Hallandale, Florida 33009
Attention: Scot! Savin, Presidenl
Telephone No.: (954) 457-6204
Telecopy No.: (954) 457-7827
Greenberg Traurig LLP
1221 Brickell Avenue
Miami, Florida 33131
At!ention: Clifford A. Schulman, Esq.
Telephone No.: (305) 579-0613
Telecopy No.: (305) 579-0717
Magna Entertainment Corp.
285 West Huntington Drive
Arcadia, California 91007
At!n: Scot! Daruty, Esq.
Telephone No: (626) 574-6322
TelecopyNo.: (626) 821-1559
City of Aventura
2999 N.E. 191st St., Suite 500
A ventura, Florida 33180
Attention: Eric M. Soroka, City Manager
Telephone No.: (305) 466-8930
Telecopy No.: (305) 466-8919
Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
At!ention: Steven W. Zelkowitz, Esq.
Telephone No.: (305) 854-0800
Telecopy No.: (305) 854-2323
21
SECTION IS:
CASUALTY AND CONDEMNATION
15.1 Casualtv. The Land shall be conveyed to Purchaser in the same condition as on
the date of this Agreement, ordinary wear and tear excepted, free of all tenancies or occupancies,
other than the Permilted Exceptions.
15.2 Condemnation. At Closing, Seller shall assign to Purchaser all of Seller's right,
title and interest in and to the beds of streets, roads, alleys, avenues and highways abutting the
Property and all of Seller's right, title and interest in and to all awards in condemnalion, or
damages or any kind, to which Seller is entilled at the time of Closing, by reason of any exercise
of power of eminent domain with respecl thereto or for the taking of the Property or any part
thereof or by reason of any other event affecling the Property which gives rise to a damage claim
against a third Party after lhe date hereof. Prior to the Closing Date, if all or any portion of the
Property is taken, or if access thereto is reduced or restricted by eminent domain or otherwise (or
if such taking, reduction or restriction is pending, lhreatened or contemplated) (hereinafter a
"Condemnation Proceeding"), Seller shall immediately notify Purchaser of such fact. In the
event that such notice is related to the taking of all or any material portion of the Property,
Purchaser shall have the option, in its sole and absolute discretion, to terminate lhis Agreement
upon written nolice to Seller given not later than thirty (30) days after receipt of Seller's notice;
whereupon the Earnest Money shall be refunded to Purchaser and thereafter neither Party shall
have any righls, obligations or liabilities hereunder except with respect to lhose rights,
obligalions or liabilities which expressly survive the termination of this Agreement. If Purchaser
does not elect to terminate this Agreemenl as herein provided, or in the event of a non-material
condemnation, Seller shall pay to Purchaser any award received by Seller prior to Closing and
Purchaser shall have the right to participate with Seller in any Condemnation Proceeding
affecting the Property; provided, that in doing so Purchaser shall cooperate wilh Seller in good
faith.
SECTION 16:
BROKERS
Each party represents to the other that such party has not incurred any obligation to any
broker, finder or real estate agent with respect to the purchase or sale of the Property. Each of
Seller and Purchaser warrants and represents to the other that such party has employed (expressly
or impliedly) no broker, agent or other such Person as to which a commission or other such fee is
or would become due or owing as a result of the purchase and sale contemplated hereby and has
made no agreement (express or implied) to pay any broker's commission or other such fees in
connection with the purchase and sale contemplated by this Agreement. Each of Seller and
Purchaser agrees to indemnify and defend the other against, and 10 hold the other harmless of
and from all claims, demands and liabilities (including reasonable altorney's fees and expenses
incurred in defense thereof) for any commission or fees payable to, or claimed by, any broker
agent or other such Person arising out of the employment or engagement of such Person
employed (expressly or impliedly) by Seller of Purchaser, as applicable, or with whom Seller or
Purchaser, as applicable, has or is claimed to have, made an agreement (express or implied) to
pay a commission or other such fee; provided, however, Purchaser's indemnity obligations
hereunder are subject to the provisions and monetary limitations of Section 768.28, Florida
ftl-snrlJl\.42J950vll
22
Statutes. The representation, warranties, undertakings and indemnities of this Section 16 shall
survive the Closing hereunder and any termination of this Agreement for a period of one (I) year
thereafter.
SECTION 17:
INDEMNITY
17.1 Indemnity. To the maximum extenl permitted under applicable law, Purchaser
hereby agrees to indemnify, defend (through attorneys reasonably acceptable to Seller which for
purposes hereof Seller approves Purchaser's Attorney) and hold harmless Seller its members,
managers, officers, directors, employees, agents, successors and assigns from and against any
and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys'
fees actually incurred) which may at any time following the Closing Date be asserted against or
suffered by Seller arising out of or resulting from any and all liability (other than the
Environmenlal Contribution) relating in any way to the environmental clean up and remediation
performed by the Environmental Contractor and its subcontractors, if any, with respect to
Hazardous Materials located in, on or under the Property and/or relating to the environmental
condition or status of the Property (whether asserted or accruing before or after Closing);
provided, however, that Purchaser shall not indemnify Seller from any liability relating in any
way to any release, discharge, spill or other event which first occurs after the Closing Date on
Seller's Adjacent Property which causes environmental contamination of or on or under the
Property. Purchaser's maximum liability under this Section 17.1 (a) shall in connection with the
environmental clean up and remediation performed by the Environmental Contractor and its
subcontraclors, if any, with respect to Hazardous Materials located in, on or under lhe Property
be limited in the aggregate to the amount of the Environmental Contribution actually paid by
Seller (less any amount of the Environmental Contribution refunded to Seller in accordance
herewith) and (b) shall be limited to $200,000 with respect to liability otherwise relating to the
environmental condition of status of the Property.
17.2 Survival. The provisions of Section 17 shall survive the Closing hereunder and
the delivery of the Deed.
SECTION 18:
DEFAULT/REMEDIES
18.1 Seller's Default/Purchaser's Remedies. If Seller defaults in the observance or
performance of its covenants and obligations hereunder, Purcnaser may, at ils option, and as its
sole remedy (I) terminate this Agreement and receive a refund of the Earnest Money or (2) seek
specific performance of this Agreement. Purchaser hereby waives, relinquishes and releases any
and all other rights and remedies, including but not limiled to: (1) any right to sue Seller for
damages or (2) any other right or remedy which Purchaser may otherwise have against Seller,
either at law, or equity or otherwise.
18.2 Purchaser's Default/Seller's Remedies. rfPurchaser defaults in the observance or
performance of its covenants and obligations hereunder, then Seller, as its sole and exclusive
remedy, shall (as an election of remedies) receive the Earnest Money from Escrow Agent as
liquidated damages. Purchaser and Seller acknowledge lhe difficulty of ascertaining the actual
damages in the event of such default, that it is impossible to more precisely estimate lhe damages
ftl-HvOl\423950vll
23
to be suffered by Seller upon such default, that the retention of the Earnest Money by Seller is
inlended not as a penalty but as full liquidated damages and that such amount constitutes a good
faith estimate of the potential damages arising therefrom. Seller's right to so tenninale this
Agreement and to receive liquidated damages as aforesaid is Seller's sole and exclusive remedy.
Seller hereby waives, relinquishes and releases any and all other rights and remedies, including
but not limited to: (I) any right to sue Purchaser for damages or to prove that Seller's actual
damages exceed the amount which is hereby provided Seller as fully liquidated damages or
(2) any other right or remedy which Seller may otherwise have against Purchaser, either at law,
or equily or otherwise.
SECTION 19:
POST CLOSING OBLIGATIONS
19.1 Canal Expansion and Marina Development. Subject to the provisions of this
Section 19, following the Closing, Purchaser and Seller agree (at Seller's sole option) to submit
and continue to pursue joint applications(s) to the applicable Govenunental Authorities for the
westerly expansion of the existing canal located north of Yacht Club Drive through Seller's
Adjacent Property including the development of a marina on Seller's Adjacent Property
(colleclively, the "Canal Expansion Project"); it being understood, however, that such
submission and continued pursuit of such applications may be abandoned by Seller at its sole
option at any time. The parties acknowledge and agree that the Canal Expansion Project shall be
adjacent to, but not include any portion of the Property, unless otherwise agreed to by the parties;
provided, however, the Canal Expansion Project will provide waterfront access to and from the
Property either by (a) the contiguity of the boundaries of the canal and the Property or (b) a
perpetual easement by Seller in favor of Purchaser, its employees, agents and invitees as
necessary to access lhe canal from the Property in a fonn and substance reasonably acceptable to
Purchaser. Seller and Purchaser shall be joint applicants on all applications filed with the
applicable Governmental Authorities for the development of Canal Expansion Project, which
applications must be consistent with lhe Approved Site Plan (as defined below). Said
applications shall be prepared, filed, and processed by Seller, at Seller's sole cost and expense
(including all applications fees and costs), without any cost or expense to Purchaser.
19.2 Approval of Site Plan. Prior to the filing of the applications as set forth in
Section 19.1 above, Seller shall submit to Purchaser a site plan for the Canal Expansion Project
detailing the location of the proposed waterways and all improvements associaled therewith.
Following submission of the site plan by the Seller, the Purchaser shall provide its approval (not
unreasonably conditioned, withheld or delayed) or disapproval (specifying the basis for
disapproval and/or comments to the site plan) within a reasonable time period after such
submission provided, however, the parties acknowledge and agree that it is not unreasonable for
the Purchaser to disapprove the site plan if it materially and adversely affects the use of the
Property as a public park. The site plan shall be modified as necessary in order to obtain lhe
approval of the Purchaser (which approval shall not be unreasonably conditioned, withheld or
delayed), it being understood that the Purchaser's review and approval of the site plan is from the
perspective of an adjacent property owner, and need not be based upon, or limited to, applicable
land use and zoning requirements. Furthermore, approval of the site plan by the Purchaser
pursuant to this Agreement does not constitute any approvals required to be obtained from
fU_lrvOl\423950vll
24
Purchaser in its capacity as a governmental entity, it being acknowledged and agreed that any
such approvals are subject to applicable Legal Requirements. Once approved by the Purchaser,
the site plan (including any future changes, alterations or modifications approved by Purchaser or
olherwise permitted hereunder) shall be deemed the "Approved Site Plan" for purposes of this
Agreement. Except for changes required to be made to comply with applicable Legal
Requirements, no changes, alterations or modifications, shall be made to the Approved Site Plan
without the prior written approval of the Purchaser, which approval shall not be unreasonably
conditioned, withheld or delayed; provided, however, the parties acknowledge and agree that it is
not unreasonable for the Purchaser to disapprove any changes, alterations or modifications to the
Approved Site Plan thai malerially and adversely affect the use of lhe Property as a public park.
The obligations of lhe Purchaser set forth in Section 19.1 above are expressly subjecl to and
contingent upon the development of the Canal Expansion Project in accordance with the
Approved Site Plan.
19.3 Payments to Purchaser. Upon the issuance of all the necessary final, non-
appealable development approvals, licenses, permits, and authorizations from all applicable
Governmental Authorities excepl for building permits required to develop the Canal Expansion
Project in accordance with the Approved Site Plan (collectively, the "Development Approvals"),
Seller shall pay Purchaser One Million Nine Hundred Thousand and No/IOO Dollars
($1,900,000.00). Said amount shall be paid by Seller to Purchaser wilhin five (5) Business Days
of the issuance of the Development Approvals by wire transfer to an account designated by
Purchaser. Seller's failure to make said payment to Purchaser as specified in this Seclion 19.3
shall be considered a material default hereunder entitling Purchaser to its rights and remedies set
forth in Section 19.4 below.
19.4 Default. Notwithstanding anything contained in this Agreement to the contrary,
in the event of a default by Seller or Purchaser under this Section 19 that remains uncured for
thirty (30) days following written notice from the non-defaulting party to the defaulting party,
the non-defaulting party may terminate the provisions of this Section 19 upon written notice to
lhe defaulting party and, in addition to such right of termination, shall be entitled to all rights and
remedies available to the non-defaulting party at law and in equity. Additionally,
notwithstanding the provisions of the preceding sentence, Seller shall not be entitled to any
notice, grace, or cure period for its failure to timely make the payment required by Section 19.3
above. In the event the Seller fails to timely make such payment as required by Section 19.3,
Purchaser shall immediately be entitled to all rights and remedies available at law and in equity.
In addition to any other rights and remedies available at law or in equity, in the event of Seller's
default under this Seclion 19, the Purchaser is hereby authorized to withhold any pending
permits and approvals for Seller's Adjacent Property, and refuse any inspections or grant any
approvals, with regard to Seller's Adjacent Property until such time as the event of default is
cured.
19.5 Survival. The provisions of this Section 19 shall expressly survive the Closing
and delivery of the Deed.
fll.,rvOl\423950vll
25
SECTION 20:
ESCROW AGENT
20.1 Performance of Duties. Escrow Agent undertakes to perform only such duties as
are expressly set forth in lhis Agreement. Escrow Agent shall not be deemed to have any
implied duties or obligalions under or related to this Agreement.
20.2 Reliance. Escrow Agent may (i) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of
any statement or assertion contained in such a writing or instrument; and (iii) assume that any
person purporting to give any writing, notice, advice or instructions in connection with the
provisions of lhis Agreemenl has been duly authorized to do so. Escrow Agent shall not be
liable in any manner for the sufficiency or corrections as to form, manner of execution, or
validity of any instrumenl deposited in escrow, nor as to the identity, authority, or right of any
person executing any instrument; Escrow Agent's duties under this Agreement are and shall be
limited to those duties specifically provided in this Agreement.
20.3 Right to Interplead. If the parties (including Escrow Agent) shall be in
disagreement about the interpretation of this Agreement, or about their respective rights and
obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent
may, but shall not be required to, file an action in interpleader to resolve the disagreement; upon
filing such action, Escrow Agent shall be released from all obligations under this Agreement.
20A Attornev's Fees and Costs. In any suit between Purchaser and Seller wherein
Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit
wherein Escrow Agent interpleads the subject matter of the Escrow, Escrow Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs 10 be paid from and out of
the escrowed funds or equivalent and charged and awarded as court costs in favor of the
prevailing party. The parties hereby agree that Escrow Agent shall not be liable to any party or
person for misdelivery to Purchaser or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of this Agreemenl or gross negligence of Escrow Agent.
20.5 Escrow Agent as Counsel for Purchaser. It is acknowledged that Escrow Agent is
counsel for Purchaser. It is agreed that Escrow Agent shall not be disabled or disqualified from
represenling Purchaser, its council members, parents, officers, directors or agents in connection
with any dispute or litigation which may arise out of or in conneclion wilh this lransaction or this
Agreement as a result of Escrow Agent acting as the escrow agent under this Agreement and the
Seller, waives any claim or right to assert a conflict arising out of or in connection with the
foregoing.
SECTION 21:
GENERAL PROVISIONS
21.1 Entire Agreement. This Agreement, and all the Exhibits referenced herein and
annexed hereto, conlain the final, complele and entire agreement of the parties hereto with
respect to the matters contained herein, and no prior agreement or understanding pertaining to
any of the matters connected with this transaction shall be effective for any purpose. Except as
fil-sry()1\423950vll
26
may be othelWise expressly provided herein, the agreements embodied herein may not be
amended except by an agreement in writing signed by the parties hereto.
21.2 Governing Law. This Agreement shall be governed by and construed under the
laws oflhe State of Florida.
21.3 Further Assurances. Seller and Purchaser each agrees to execute and deliver to
the other such further documents or instruments as may be reasonable and necessary in
furtherance of lhe performance of the terms, covenants and conditions of this Agreement This
covenant shall survive the Closing.
21.4 Interoretation. The tilles, captions and paragraph headings are inserted for
convenience only and are in no way intended to interprel, define, limil to expand the scope or
content of this Agreement or any provision herelo. If any party to this Agreement is made up of
more than one Person, then all such Persons shall be included jointly and severally, even though
the defined lerm for such party is used in the singular in this Agreement This Agreement shall
be construed without regard to any presumption or other rule requiring construction against the
party causing this Agreement to be drafted. If any words or phrases in this Agreement shall have
been stricken out or othelWise eliminated, whether or not any other words of phrases have been
added, this Agreement shall be construed as if the words or phrases so stricken out or othelWise
eliminated were never included in this Agreement and no implication or inference shall be drawn
from the fact that said words or phrases were so stricken out or othelWise eliminated.
21.5 Counteroarts. This Agreement may be executed in separate counterparts. It shall
be fully executed when each party whose signature is required has signed at least one counterpart
even though no one counlerpart contains the signalures of all of the parties of this Agreement
Facsimile copies shall be deemed originals.
21.6 Non-waiver. No waiver by Seller or Purchaser of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing 10 Seller or Purchaser upon any breach
under this Agreement shall impair such right to remedy or be construed as a waiver of any such
breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of
any term, covenant or condition herein stated shall not be deemed to be a waiver of any olher
breach, or of a subsequent breach of the same or any other term, covenant orcondllton herein
contained.
21.7 Severabilitv. This Agreement is intended to be performed in accordance with and
only to the extent permitted by applicable law. If any provisions of this Agreement or lhe
application thereof to any Person or circumstance shall, for any reason and to any extent, be
invalid or unenforceable, bul the extent of the invalidity or unenforceability does not destroy the
basis of the bargain between the parties as contained herein, the remainder of this Agreement and
the application of such provision to other Persons or circumstances shall not be affected thereby,
but rather shall be enforced to the greatest extent permitted by law.
ft.l.srvOl\423950vll
27
21.8 Exhibits. The Exhibits referred m and attached to this Agreement are
incorporated herein in full by this reference.
21.9 Atlomeys' Fees. In the event of any controversy, claim or dispute between the
parties arising from or relating 10 lhis Agreement (including, but nOllimited 10, the enforcemenl
of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs,
expenses and atlorneys' fees including, but not limited to, court costs and other expenses through
all appellate levels.
21.1 0 Business Days. If any date provided for in this Agreement shall fall on a day
which is not a Business Day, the date provided for shall be deemed to refer to the nexl Business
Day.
21.11 Time is of the Essence. Time is of lhe essence in this Agreement.
21.12 No Personal Liability of Council Members Administrative Officials or
Representatives of Purchaser and Seller. Seller acknowledges that this Agreement is entered into
by a municipal corporation as Purchaser and Seller agrees no individual council member,
administrative official or represenlative of Purchaser shall have any personal liability under this
Agreement or any documenl execuled in connection with the transactions contemplated by this
Agreement. Purchaser hereby agrees that no shareholder, member, director, officer, employee or
agent of Seller shall have any personal liability under this Agreement or any document executed
in conneclion wilh the transaclions contemplated by this Agreement.
2 L 13 Effective Date. For purposes of calculation of all time periods within which
Seller or Purchaser must act or respond as herein described, all phrases such as "the date of this
Agreement", "the date of execulion of this Agreement" or any other like phrase referring to the
date oflhe Agreement, shall mean and refer to the "Effective Date" oflhis Agreement.
21.14 Radon Disclosure. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Pursuant to 9404.056(8), Florida Statutes.
21.15 Waiver of Trial by Jury. SELLER AND PURCHASER HEREBY
IRREVOCABLY AND UNCONDITIONALLY WANE ANY AND ALL R1GHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION
WITH, OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY OTHER
DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED
IN CONNECTION THEREWITH.
21.16 No Negotiation With Other Persons. Seller agrees nol to contract to sell or enter
into negotiations for the sale of the Property to any person or entity other than Purchaser for so
long as this Agreement is in effect.
ftl-srvOl\423950vll
28
21.17 Assignment. Purchaser may not assign its rights under this Agreement without
the consent of Seller (in Seller's sole discretion).
21.18 Police/Regulatory Powers. Purchaser cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approyal or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern the Property and/or Seller's
Adjacent Property, any improvements thereon, or any operations at the Property and/or Seller's
Adjacent Property. Nothing in this Agreement shall be deemed to create an affirmative duty of
Purchaser to abrogate its sovereign right to exercise its police powers and govemmenlal powers
by approving or disapproving or taking any olher action in accordance with its zoning and land
use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations,
state laws and regulations, and grant agreements. in addition, nothing herein shall be considered
zoning by contract.
21.19 Negotiated Agreement. The parties have substantially contributed to the drafting
and negotialion of this Agreement and this Agreement shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read lhis Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent advice and counsel was
necessary for them to form a full and complete understanding of all rights and obligations herein.
21.20 No Recordation. Neither this Agreement nor any notice or memorandum of lhis
Agreement shall be recorded in any public records.
21.21 Merger. Unless expressly set forth herein, the terms and prOVlSlOns of this
Agreement shall not survive the closing and such terms and provisions shall be deemed merged
into the Deed and extinguished at Closing.
21.22 Like-Kind Exchange Cooperation. Purchaser acknowledges lhat this transaction
may be part of a "Like-KindlI031" exchange for the benefit of Seller, and Purchaser agrees to
reasonably cooperate with Seller so lhat lhe requirements of the Internal Revenue Code can be
satisfied with respect to such exchange. However, Seller's ability to arrange for and close on a
1031 exchange is not a condition precedent to Seller's obligation to close under this Agreement.
In connection wilh such exchange Purchaser agrees, wilhin ten (10) days of receipt of written
request from Seller, 10 execute such documents as may be required by Seller 10 effect such
exchange; provided, however, that (i) Purchaser shall not be obligaled to execute any documents
which alter or diminish any of Purchaser's rights hereunder, (ii) the exchange shall not delay or
poslpone the date of Closing under this Agreemenl, (iii) Purchaser shall not be responsible for
compliance with or be deemed to have warranted to Seller that any exchange does in fact comply
with Section 1031 of the Internal Revenue Code, and (iv) Purchaser shall not incur any expense
as a result of any such exchange.
[THE REST OF THIS PAGE W AS INTENTIONALLY LEFT BLANK]
ftl-srv01I423950vll
29
IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be
executed, as of the day and year first above written.
Witnesses:
SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida
corporation
By:
Name:
Title:
Date: January_, 2004
PURCHASER:
Attest:
CITY OF A VENTURA, a Florida municipal
corporation
By:
Teresa M. Smith, CMC
City Clerk
Eric M. Soroka
City Manager
Approved as to legal form and sufficiency:
Date: January_, 2004
By:
Cily Attorney
ESCROW AGENT:
Weiss Serota Helfman Pastoriza Guedes
Cole & Boniske, P.A.
By:
Name:
Title:
Date: January_,2004
ftl.~rvOl\4239~O,,11
30
EXHIBIT "A"
LEGAL DESCRIPTION - PROPERTY
fl.l.srvOl\423950vll
A-I
LAND DESCRIPTION
PROPOSED CITY PARK
GULFSTREAM PARK
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the pIal thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
being more particularly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast comer of Section
34, Township 51 South. Range 42 East:
THENCE South 02021' 14" East on the East line of said Tract B and the East line of said
Section 34, a distance of320.00 feet to the POINT OF BEGINNING;
THENCE continue South 02021'14" East on said East line of Tract B and said East line
of Section 34, a distance of 22 L55 feet to the Northeast comer of a parcel of land
conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded
in Official Records Book 17973, Page 3869 of the Public Records of Miami-Dade
County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following
three (3) COUrses and distances;
L South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet. through a
central angle of 37"32'07" (37"34'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88001 '22" West, a distance of638.03 feet;
THENCE North 02021 '14" West, a distance 0010.06 feet;
THENCE North 88003'52" East, a distance oLJl.65.12 foot to the POINT OF
BEGINNING;
Said lands lying in the City of AvenlUIa, Miami-Dade County, Florida and containing
261,571 square feet (6.005 acres) more or less.
F'Tcparcd 8y:
CALVIN, (jIORDANll AND ASSOCIATES, rNc.
I XOU cllcr Drive, Sullc 600
ForI Lauderdale, Florida ]331(,
l.>cccmber I), 1003
P:\Prolccts\200I\O\2 \9) GulfstTeam Park, Boundary Survey of '"flami Dade Porhon\SURVEY\Lcgal Descriptlons\Propos~d City
t':uk.du(;
Shcet 1 of3 Sheets
NOTES.
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Survcyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Pial Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
SSOCIA TES, INe.
Date: /"2--9-03
Prepared U)':
CALVIN, GtORDANO AND ASSOCIATES, lNC'
1800 Eller Otwc, Suite 600
Fort Lauderdale, F]urid" J)J16
December 9, 2003
?:\ProJecl~\200]\012193 G\lllstn::~m Park. Boundary Sur<ey of Miami Dade Pomon\sURVEY\Lcgal De~riptions\Proposcd Ciry
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EXHIBIT "B"
FORM OF DEED
ftI-srv01I423950vll
B-1
This instrument prepared by:
Record and return to:
Steven W. Zelkowitz, Esq.
Weiss Serota Helfman
Pastoriza & Guedes, P A.
2665 South Bayshore Drive
Suite 420
Miami, FL 33133
Tax Folio Idenlification Number:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this _ day of
, 2004, by GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida
corporation, (the "Grantor"), whose mailing address is 901 South Federal Highway, Hallandale,
Florida 33309 to the CITY OF A VENTURA, a Florida municipal corporation (lhe "Grantee"),
whosemailingaddressis2999N.E.19lstSt..Suite 500, Aventura, Florida 33180.
WITNESSETH:
Thai Grantor, for and in consideration of the sum of Ten and Noll 00 Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real
property (the "Property") located in Miami-Dade County, Florida, and more particularly
described as:
SEE EXHIBIT "A" A TT ACHED HERETO.
SUBJECT TO:
1. All restrictions, reservalions, easements, covenants, agreements, limitations and
other matlers appearing of record, provided the foregoing shall not act to
reImpose same;
2. The lien of all ad valorem real estate taxes and assessments subsequent to the date
hereof and subsequent years
3. All laws, ordinances, and governmental regulations, including, bul not limited to,
all applicable building, zoning, land use and environmental ordinances and
regulations; and
4. All matlers which would be disclosed by an accurate survey of the Property.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
fl.!-srvQl\423950vll
B-2
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants wilh Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful aulhorily to sell and convey the
Property; and that Grantor does hereby specially warrant lhe title to the Property and will defend
the same against the lawful claims of all persons claiming by, lhrough or under Grantor, bul nol
otherwise.
As an express condition of the conveyance of the Property, Granlee covenants and agrees
that the Property shall be used solely as a public park and for all purposes accessory and
incidental therelo including, but not limiled 10, docks accessory or incidental to the Property's
use as a public park. In lhe event that Grantee, ils successors and/or assigns violates the
foregoing restriction, Grantor, its successors and/or assigns shall be entitled to avail itself of all
legal and equitable remedies including, but not limited to, injunctive relief. The foregoing
restriction shall constitute a restrictive covenant concerning the use, enjoyment and title to the
Property and shall constitute a covenant running with said land and shall be binding upon all
future owners of the Property for the benefit of the Grantor, its successors and assigns.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed as of the day and year first written above.
Witnesses;
SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
ftl_srvOl\423950vll
B-3
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
)
ss:
The foregoing instrument was acknowledged before me this _ day of 2004
by , as of GULFSTREAM PARK RACING
ASSOCIA nON, INC., a Florida corporation, on behalf of the corporation, who (check one) [ ] is
personally known to me or [ ] has produced a drivers license as identification.
My Commission Expires:
ftl-5rvOl\423950vll
B-4
Notary Public
Print Name:
EXHIBIT "c"
BILL OF SALE
ftl-~rvOlI4239S0vt 1
C-l
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporalion ("Seller"), for and in consideration of the sum of
Ten and NollOO Dollars ($10.00) lawful money of the United States, to il paid by the CITY OF
A VENTURA, a Florida municipal corporation ("Purchaser"), lhe receipt whereof is hereby
acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents
does granl, bargain, sell, lransfer and deliver unto the Purchaser, its successors and assigns, lhe
following goods and chatlels:
All of the tangible personal property of Seller used in connection with and located
in, on or allhe real property legally described on Exhibil "A" atlached hereto, if
any, (the "Real Property"), and all replacements thereof, including, but not limited
to, the property listed on Exhibit "B" atlached hereto.
TO HAVE AND TO HOLD the same unto the Purchaser, its successors and assigns
forever.
AND Seller does, for itself and its heirs, executors and administrators, covenant to and
with the Purchaser, its successors and assigns, that Seller is the lawful owner of the Personal
Property; that they are free from all encumbrances; that Seller has good right to sell the same
aforesaid, and that Seller will warranl and defend the sale of the Personal Property hereby made,
unto the Purchaser, its successors and assigns against the lawful claims and demands of all
persons claiming by, through or under Grantor, but not otherwise.
of
IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the
,2004.
day
Witnesses;
SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of_, 2004 by
, as of GULFSTREAM PARK RACING
fll-~rvOl\423950" 11
C-2
ASSOCIATION, INC., a Florida corporation, on behalf of the corporation who (check one)
[ ] is personally known 10 me or [ ] has produced a drivers license as
identification.
My Commission Expires:
IU.srvOll4239S0vll
NOlary Public
Print Name:
C-3
III.srvOl\423950vll
EXHIBIT "D"
FORM OF SECTION 1445 CERTIFICATE
D-l
SECTION 1445 CERTIFICATE
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority, personally appeared
("Affiant") who being first duly sworn upon oath, deposes and says:
1. 'That the Affiant is President of GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation ("the Corporation").
2. That the Corporation is the owner of fee simple tille to the real property located in
Miami-Dade County, Florida, more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof ("Property").
3. Section 1445 of the Internal Revenue Code provides that a lransferee (buyer) of a
U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. To
inform the City of Aventura that withholding of lax is not required upon the disposition ofa U.S.
real property interest by the Corporation, Affiant hereby certifies the following:
3.1 The Corporation is not a foreign person, foreign corporation, foreign
Corporation, foreign trust, or foreign estate for the purposes of U.S. income taxation (as those
terms are defined in the Internal Revenue Code and Income Tax Regulations).
3.2 The Corporation's taxpayer identification number is
3.3 The Corporation's address is
3.4 Affiant understands that this certification may be disclosed to the Internal
Revenue Service by the transferee and thai any false statement contained herein could be
punished by fine, imprisonment, or both.
FURTHER AFFIANT SA YETH NAUGHT.
Sworn to and subscribed before me this _ day of , 2004 by
, who (check one) [ ] is personally known to me or [ ] has
produced a drivers license as identification.
My Commission Expires:
Notary Public
Print Name:
ftl-snrlJl\423950vll
D-2
EXHIBIT "E"
FORM OF GENERAL ASSIGNMENT
fll-srvOl\423950vll
E-l
GENERAL ASSIGNMENT
THIS GENERAL ASSIGNMENT (the "Assignment") is made and entered into this day
,2004 by and between GULF STREAM PARK RACING ASSOCIATION, INC.,
a Florida corporation (the "Assignor") and the CITY OF A VENTURA, a Florida municipal
corporation (the "Assignee").
RECITALS
I. On the date hereof, Assignor has sold and conveyed to Assignee that certain real
property located in Miami-Dade Beach County, Florida, and more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof, pursuant to that certain
Purchase and Sale Agreement dated January _, 2004, between Assignor and Assignee (the
"Agreement").
2. The Property is subject to the Intangible Property (as defined below).
3. The Agreement provides that Assignor shall transfer to Assignee all of Assignor's
right, title and interest in and to the Intangible Property.
4. Assignor desires to assign and convey to Assignee, and Assignee desires to
accept, all of Assignor's right, title and interest in and to the Intangible Property pertaining to the
Property pursuant to the terms and conditions of the Agreement
NOW, THEREFORE, for Ten Dollars ($10.00) and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
I. Recitals. The foregoing Recitals are true and correct and are incorporated herein
by this reference.
2. Assignment and Acceptance. Assignor hereby sells, assigns, conveys, grants and
sets over unto Assignee all of Assignor's right, title and interest, if any, in and to any and all
intangible property owned by Assignor and used solely in connection with and relating solely to
the ownership, use, development, operation, management, occupancy or maintenance of the
Property including, but not limited to, all consents, notices of completion, environmental and
utility permits and approvals authorizations, variances, waivers, licenses, permits, certificates
and approvals from any governmental authority or quasi-governmental authority issued or
granted with respect to the Property as well as all public and private contract rights and
development or usage rights of Assignor relating directly and solely to the Property (collectively,
the "Intangible Property"), if any. Assignor hereby warranls and represents to Assignee that the
Intangible Property is conveyed by Assignor to Assignee free and clear of all liens,
encumbrances, and security interests whatsoever.
3. Successors and Assigns. This Assignmenl shall inure to the benefit of and be
binding upon the parties hereto and their respeclive successors and assigns.
fil-srvOl\4239S0~11
E-2
4. Applicable Law. This Assignment shall be governed by and construed under the
laws of the State of Florida.
IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be
executed as of the day and year first above writlen.
Witnesses:
ASSIGNOR:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
By:
Name:
Title:
Print Name:
Print Name:
ASSIGNEE:
Attest:
CITY OF A VENTURA, a Florida municipal
corporation
By:
Teresa M. Smith, CMC
City Clerk
Eric M. Soroka
City Manager
Approved as to legal form
and sufficiency:
By:
City Attorney
ftl-srvOl\423950vll
E-3
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of _, 2004 by
, as of GULFSTREAM PARK
RACING ASSOCIATION, INC., a Florida corporation, on behalf of the corporalion, who (check
one) [ ] is personally known to me or [ ] has produced a drivers license as
identification.
My Commission Expires:
Notary Public
Print Name:
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2004, by ERIC M. SOROKA, as City Manager of the CITY OF
A VENTURA, a Florida municipal corporation, on behalf of the corporation, who (check one) [ ]
is personally known to me or [ ] has produced a drivers license as
identification.
My Commission Expires:
Notary Public
Print Name:
fll-srvOl\423950vll
E-4
EXHIBIT "F"
LEGAL DESCRIPTION - ADJACENT PROPERTY
ftl-irvOI\4239S0vll
F-l
LAND DESCRIPTION
PROPOSED RESIDENTIAL AREA
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
heing more particularly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section
34, Township 5] South, Range 42 East;
THENCE South 0202] , 14" East on the East line of said Tract B and the East line of said
Section 34, a distance of245.00 feet to the POINT OF BEGINNING;
THENCE continue South 02021' 14" East on said East line of Tract B and said East line
of Section 34, a distance of 75.00 feet;
THENCE South 88003 '52" West, a distance of 865.12 feet;
THENCE South 02021'14" East, a distance of 310.06 feet to the intersection with the
North line of a parcel ofland conveyed to the City of Aventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE South 88001 '22" West on the North line of said Parcel conveyed to the City of
Aventura, a distance of l284.95 feet;
THENCE North 01058'49" West, a distance of98.61 feet;
THENCE North 12014'00" East, a distance of23.20 feet;
THENCE North 02003'] 9" West, a distance of 127.70 feet to the beginning ofa Tangent
curve concave to the West;
THENCE Northerly on the arc of said curve, having a radius of 451.05 feet, through a
central angle of 10018'24", an arc distance of 8 J.l4 feet to a point of Tangency;
THENCE North ]2021'43" West, a distance of 304.92 feet to the intersection with the
North line of said Tract A and the North line of said Section 34;
f'repared 8y
CALVIN, GIORDANO AND ASSOC1ATES. fNC
]800 Eller Drive. Suite 600
Fort Lauderdale. florida 33.116
DeccmhCf 9, 2003
P:\Pl'oJecl~\20(J I \0 1 ~ 193 Gulrslrcam !'ilrk Boundary Surveyor Miami Dade F'ortion\SURVEY\Legal Descr-iptions\Proposed
Residential Area A & BuLK.:
Sheet 1 00 Sheets
THENCE North 88001 '22" East on said North line of Tract A, the North line of said
Tract B and said North line of Section 34, a distance of 1642.39 feet;
THENCE South 50020'10" East, a distance of 329.64 feet to the beginning of a tangent
curve concave to the Northeast;
THENCE Southcasterly on the arc of said curve having a radius of 1 02.00 feet, through a
central angle of 41 035'58", an arc distance of74.06 feet to a point of tangency;
THENCE North 88003' 52" East, a distance of 247.93 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
988,266 square feet (22.688 acres) more or less.
NOTES:
1 Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line Iiaving a bearing of South 02021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date: /2.....2.-2-0.3
I'n:r~ll'trl By
CAl.VIN, GIORll^NO AND ASSOCIA TES, INC
1800 Eller Dnve. :';uit~ (jQ(I
hlrl L.audenlale. Fil'nd~ )01) 10
Decnnber 9, 200_'
P:\PmJecIs\20UI\(JI21'JJ Gulfstleam Park Boundary Sllrvey ofMl3mi Dllde P1ll1ion\sURVEY\Legal Oe;,cripliolls\Proposed
Residelllia! Area A & 8_ooc
Sheet 2 of 3 Sheets
, P: \PROA:CTS\200I\OI219J CULFS TREAl,l PA.RK BOUNQAR)' SURYO or \,IIAl,l1 DADE PORTlON\SURY[)'\Sl<E TCH\SO.ol-DH-SK T-REv-120503.0wC GC RES- A -8 12- 19-200.3
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EXHIBIT "G"
FORM OF OWNER'S AFFIDAVIT
AFFIDAVIT
)
) SS:
)
STATE OF
COUNTY OF
BEFORE ME, the undersigned Notary Public, personally appeared
("Affiant"), as of GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation ("Owner"), to me well known to be the person
who made and subscribed to the following Affidavit as such officer, who, upon being first duly
sworn on oath deposed and said as follows to my actual knowledge on behalf of Owner:
1. Affiant has personal knowledge of the business and affairs of the Owner and of all
information stated hereinafter. To best of Affiant's actual knowledge, the information set forth
herein is true, correct and complete in all material respects. This Affidavit is being executed and
delivered by Affiant in his capacity as of Owner and not personally, and as
such, Affiant shall have no personal liability whatsoever for this Affidavit or the information set
forth herein.
2. Owner is the record owner of fee simple title to the real property situated in
Miami-Dade County, Florida, described on Exhibit "A" attached hereto (the "Property").
3. Owner is in exclusive possession of the Property and no other person or entity has
any right or claim to possession thereof other than:
4. There are no mechanic's liens under the Florida Construction Lien Law (Chapter
713, Florida Statutes) filed against the Property. Owner has not caused any labor, materials or
services (if any) for which a lien could be claimed against the Property pursuant to the Florida
Construction Lien Law (Chapter 713, Florida Statutes) to be furnished, completed or in place not
less than ninety (90) days prior to the date of this affidavit, other than:
5. There have been and shall be no changes in title to the Property resulting from
actions by Owner from and after , 2003 at .m, being the effective date of that
certain Commitment for Title Insurance No. (the "Title Commitment") issued by
Weiss Serota Helfman Pastoriza Guedes Cole & Bonsike, P.A., as agent, and First American
Title Insurance Company, as underwriter (collectively, the "Title Company"), which would give
rise to any lien or adversely affect title to the Property between said date through the date of
recording of the deed from Owner transferring title to the City of A ventura, a Florida municipal
corporation ("Buyer") other than as indicated in the deed from Owner to Buyer conveying the
fll-srv01I423950vll
G-l
Property, and the Owner has not and will not execute any instrument that would adversely affect
title to or transfer of the Property from the Owner to Buyer.
6. This Affidavit is given on behalf of Owner in order to induce Title Company to
issue an Owner's Policy of Title insurance pursuant to the Title Commitment and no other party
(including without limitation the Purchaser of the Property) shall be entitled to rely hereon in any
manner whatsoever.
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED before me this _ day of
He is personally known to me or produced
, 2004 by
as
identification.
Notary:
Print Name:
Notary Public, State of
My commission expires:
ftl_srvOl\423950vll
G-2
ftl-srvQl\423950vll
EXHIBIT "H"
LEGAL DESCRIPTION - REMAINING COMMERCIAL PROPERTY
H-l
LAND DESCRIPTION
PROPOSED COMMERCIAL AREA
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portion of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the
Northeast comer of Section 34, Township 51 South, Range 42 East;
THENCE South 88001 '22" West on the North line of said Tracts A and B and the North
line of said Section 34, a distance of2202.76 feet to the POINT OF BEGINNING;
THENCE South 12021 '43" East, a distance of 304.92 feet to the beginning of a tangent
curve concave to the West;
THENCE SuuUI~asl~r1y OIl th~ arc of said curve having a radius of 451.05 feet, through a
central angle of 10018'24", an arc distance of 81.14 feet to a point of tangency;
THENCE South 02003'19" East, a distance of 127.70 feet;
TTffiNCE South 12ot4'OO" West, a distance of23.20 feet;
THENCE South 01058'49" East, a distance of 98.61 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposes by
Right-of- Way Deed recorded in Offici a] Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE on said North line of a Parcel of land conveyed to the City of Aventura the
following four (4) COllISes and distances;
I. South 8800] '22" West, a distance of 306.73 feet to the beginning of a tangent
curve concave to tJle Northeast;
2. Northwesterly on the arc of said curve having a radius of 614.09 feet, through a
centra] angle of21 002'04", an arc distance of225.44 feet to a point of tangency;
3. North 70053'08" West, a distance of 132.90 feet to the beginning of a tangent
curve concave to the Easl;
Pn:p.ued Uy
CALVTN. GIORDANO AND ASSOClATES, INC.
t 800 Eller DrIve, Suile 600
FOr1l..11uderdale. F1orid. 333t5
De[;ember 9, 2003
P:\ProjeclS\2001\01219J ulllfstrell.rn Pal1c. Boundary Survey or Miami l..}ade l'ortion\SUKVl:.Y\Lt:gal De~riptio"s\Propolu:d
CommercIal Area.doc
Sheet] of 3 Sheets
4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a
central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse
curvature with a curve concave to the Northwest, said point being located on the
West line of said Tract A, DONN ACRES;
THENCE Northeasterly on said West line of Tract A and on the arc of said curve having
a radius of 3909.83 feet, through a central angle of 07046' 1 0", an arc distance of 530.18
feet to the Northwest comer of said Tract A and the intersection with said North line of
Section 34;
THENCE North 88001'22" East on said North line of Tract A and said North line of
Section 34, a distance of 461.38 feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
357,994 square feet (8.218 acres) more or less.
NOTES:
1. Not vatid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands de'scribed hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to [he North line of Tracts A and B, DONN
ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records,
with said North line having a bearing of South 88001 '22" West.
4. The description contained herein and the attached sketch, does not represent a
field Boundary Survey.
SSOClA TES, INe.
Dale: /1, -1 -0 ~
PrclJ.IIrcd By:
CALVIN, GIORDANO ANT) ASSOCIATES. INC.
J BOO [lIer Drive, Suile' 600
FOil Lauderdale, Florida ))316
l>cecmber ~.1003
1':\Project~\2001\Q12193 Gulfstream Park Boundary Survey of Miami Dtde PortlOn\SURVEY\Legal Dcscriptions\Proposed
COrTlTTM:Tl:illl Areil. doc
Sheet 2 of 3 Sheets
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EXHIBIT "1"
LEGAL DESCRIPTION - REZONED PROPERTY
ftl-sTVOI\423950vll
1-1
LAND DESCRIPTION
PROPOSED RESIDENTIAL AREA B
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A, DONN ACRES, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
COMMENCE at the Northeast comer of Tract B of said DONN ACRES and the
Northeast comer of Section 34, Township 51 South, Range 42 East;
THENCE South 88001'22" West on the North line of said Tracts A and B and the North
line of said Section 34, a distance of 1361. 77 feet to the POrNT OF BEGINNING;
THENCE South 01058'38" East, a distance of 629.4J feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE North 8800] '22" East on said North line, a distance of784.15 feet;
THENCE North 01058'49" West, a distance of98.61 feet;
THENCE North 12014'00" East, a distance of23.20 feet;
THENCE North 02003'19" West, a distance of 127.70 feet to the beginning of a tangent
curve concave to the West;
THENCE Northwesterly on the arc of said curve having a radius of 451.05 feet, through
a central angle of 10018'24", an arc distance of 81.14 feet to a point of tangency; .
THENCE North 12021 '43" West, a distance of 304.92 feet to the intersection with said
North line of Tract A and said North line of Section 34;
THENCE North 88001 '22" East on said North line of Tract A and said North line of
Section 34, a distance of 840.99 feet to the POINT OF BEGINNING;
Said lands lying in the City of A ventura, Miami-Dade County, Florida and containing
501,334 square feet (1 1.509 acres) more or less.
Prepared By
CALVIN, GIORDANO AND ....SSOClA TES. INC.
1800 Eller Drj\.c. S\Jjte 600
Fort uvdr.rdale, Florida 3331 t'i
December 9,2003
f':l.Projo:-:ccsl200/\OJ219J Gu/(stre'am Park Rn\lndary SlJrvcy of Miilmi fJade Portionl.SURVEY\Legal Oescriptions\Pmposoo
Rcsiuenhal Area B doc
Sheet I of 3 Sheets
- ~
NOTES:
] _ Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the North line of Tracts A and B, DONN
ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records,
with said North line having a bearing of South 88001'22" West.
4. The description contained herein and the attached sketch, does not represent a
field Boundary Survey.
Date: /2-'j-(J'3
Prepared By
CALVfN, GIORDANO AND ASSOCIATES, [NC
]800 Eller Drive, Suite 600
Fort uuderditle, Florid. )3) 1 b
December 9. 200J
P\Proj'='Cts\200I\012193 \'ulfslIellm Park Bounduy Survey (If Miami I')ade Port;on\SURVEY\Legal Descriptions\PrIJPoscd
Residentl31 Are2 Bdoc
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EXHIBIT" J"
EASEMENT AGREEMENT
ft].srvOl\423950vll
J-1
This instrument
Prepared by and, following
recording will return to:
Jonathan S. Gelman, Esq.
Greenberg Traurig, P.A.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made this _ day of
2004, by and between the CITY OF A VENTURA, a Florida municipal corporation ("Grantor"),
and GULF STREAM PARK RACING ASSOCIATION, INC., a Florida corporation ("Grantee").
(WHEREVER USED HEREIN, THE TERMS "GRANTOR" AND "GRANTEE" INCLUDE ALL OF THE
PARTIES TO THIS INSTRUMENT AND THE HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS
OF tNDIVIDUALS AND THE SUCCESSORS AND ASStGNS OF CORPORATtONS OR OTHER
ENTITIES.)
WIT N E SSE T H:
WHEREAS, simultaneously with the execution and delivery of this Agreement, Grantee
has conveyed to Grantor that certain real property located in Miami-Dade County, Florida, as
more particularly described on Exhibit "A" attached hereto and made a part hereof (the "New
P ark Property");
WHEREAS, Grantor is also the owner of that certain real property located in Miami-
Dade County, Florida, as more particularly described on Exhibit "B" attached hereto and made a
part hereof (the "Adjacent Park Property");
WHEREAS, Grantee is the owner of that certain real property located in Miami-Dade
County, Florida, as more particularly described on Exhibit "(;2 attached hereto and made a part
hereof (the "Grantee Property");
WHEREAS, Grantee desires certain easements over the New Park Property and the
Adjacent Park Property for the benefit of the Grantee Property, all as more particularly set forth
below; and
WHEREAS, Grantor has agreed to grant the aforesaid easements to Grantee upon the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of TEN AND 001100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
1. Recitations; Certain Definitions. The foregoing recitations are true and
correct and are incorporated herein by this reference. As used herein, the following terms shall
have the following meanings:
(a) "Canal Bank Maintenance Easement Area" will mean that certain
portion of the New Park Property and the Adjacent Park Property more particularly described on
Exhibit "D" attached hereto and made a part hereof.
(b) "Canal Easement Area" will mean that certain portion of the
Adjacent Park Property more particularly described on Exhibit "E" attached hereto and made a
part hereof.
(c) "Drainage Easement Area" will mean those certain portions of the
New Park Property that, from time to time, contain Drainage Facilities.
(d) "Drainage Facilities" will mean any ex filtration trenches, inlets,
out falls, drainage pipes or other systems facilitating on-site or off-site surface and underground
water drainage now or hereafter located within the New Park Property, including any relocation
or reconfiguring of the same; provided "Drainage Facilities" shall specifically exclude retention
areas.
(e) "Easement Area" will mean, collectively, the Canal Bank
Maintenance Easement Area, Canal Easement Area, Drainage Easement Area and Utility
Easement Area.
(t) "Legal Requirements" will mean any and all applicable federal,
state, county and municipal laws, ordinances, regulations, codes, rules or orders including
without limitation, requirements relating to minimum environmental protection, land use, and
zoning laws and regutatioll>.
(g) "Utilitv Easement Area" will mean that certain portion of the New
Park Property more particularly described on Exhibit "F" attached hereto and made a part hereof.
2. Grant of Easement. Grantor hereby grants and conveys to and establishes
for the benefit of Grantee and its successors and assigns and for the benefit of the Grantee
Property the following easements upon, over and through the New Park Property and the
Adjacent Park Property (as applicable):
-2-
(a) Drainage. A non-exclusive, perpetual easement for the drainage
and flowage of surface and underground stormwater runoff originating from any portion of the
Grantee Property over, on, under, through and across the Drainage Easement Area as now
existing or hereafter located and a non-exclusive, perpetual easement for the purpose of
construction, installation, operation, maintenance, connection, repair, relocation and removal of
Drainage Facilities over the Drainage Easement Area, provided, however the easements granted
pursuant to this Section 2(a) shall not umeasonably interfere with or otherwise umeasonably
restrict the use of the New Park Property as a public park and for all purposes accessory and
incidental thereto including, but not limited to, docks accessory or incidental to the Property's
use as a public park, and provided, further, that this easement shall not permit any substantial
increase in the amount of surface and underground storm water runoff draining, retaining or
detaining in the Drainage Easement Area from that currently existing or permitted by Legal
Requirements. In the event that it is specifically required under an established policy of general
applicability pursuant to any comprehensive plan adopted pursuant to Chapter 163, Florida
Statutes, local governmental ordinance or resolution, state statute or by adopted rule of any
regional or state regulatory agency that the Drainage Facilities, as now existing or hereafter
located, provide surface water drainage capacity or service for any or all of those certain
properties located in Broward County, Florida adjoining the Grantee Property which properties
are now owned by Grantee (the "Other Properties"), then, in such event, the easement rights
granted in this Section 2(a) shall further benefit the Other Properties any provision herein to the
contrary notwithstanding;
(b) Utilities. A non-exclusive, perpetual easement for the purpose of
construction, installation, operation, maintenance, connection, repair, relocation and removal of
water and sewer, electricity, telephone, natural gas and telecommunication cables and facilities
(the "Utilities"), over, on, upon, across, under and through the Utility Easement Area;
(c) Canal Construction and Maintenance - New Park Propertv. A
non-exclusive, perpetual easement for the purpose of construction, installation, operation,
maintenance, repair and replacement of a canal and related structures over, on, upon, across,
under and through the Canal Bank Maintenance Area; and
(d) Canal Construction and Maintenance - Adiacent Park Property. A
non-exclusive, perpetual easement for the purpose of construction, installation, operation,
maintenance, repair and replacement of a canal and related structures over, on, upon, across,
under and through the Canal Easement Area.
3. Infrastructure Work. In the event that Grantee exercises its rights granted
hereunder for any construction, installation, operation, maintenance, repair or replacement of
improvements and facilities on the Easement Area for the use and benefit of the Easement Area
for the purposes herein provided (such improvements and facilities being referred to herein as the
"Infrastructure" and such construction, installation, operation, maintenance, repair or
-3-
replacement of the Infrastructure being referred to herein as the "Infrastructure Work"), then the
Infrastructure Work shall be subject to the following conditions:
(a) Cost. The costs of any Infrastructure Work shall be borne solely
and exclusively by the Grantee;
(b) Compliance. All Infrastructure Work shall be performed m
compliance with Legal Requirements;
(c) No Interference. No Infrastructure Work shall umeasonably
interfere with or otherwise umeasonably restrict the use of the New Park Property and Adjacent
Park Property as a public park and for all purposes accessory and incidental thereto including,
but not limited to, docks accessory or incidental to the New Park Property's use as a public park;
(d) Restoration. Upon completion of any Infrastructure Work or
portions thereof and sooner if reasonably practicable, the Grantee shall, at its sole cost and
expense, repair, restore, and/or replace, as applicable, those portions of the New Park Property
and Adjacent Park Property and any improvements thereon affected by said work to no less than
their condition and appearance prior to said work; and
(e) Liens. Grantee hereby represents, warrants and covenants to the
Grantor that the New Park Property and Adjacent Park Property shall be at all times free and
clear of all liens, claims and encumbrances created by or through Grantee in connection with the
Infrastructure Work. If any lien or notice of lien shall be filed against the fee simple title of the
New Park Property and Adjacent Park Property created by or through Grantee, the Grantee shall
promptly cause the same to be discharged of record by payment, deposit, bond, or order of a
court of competent jurisdiction.
4. Term of Easement. The easements described herein shall commence on
the date hereof and shall be for a perpetual term.
5. Maintenance. Grantee shall, at its expense, maintain the Easement Area
any and all Infrastructure Work constructed thereon in good condition and state of repair and in
accordance with all Legal Requirements. Grantee shall be solely responsible for and promptly
perform at its cost any expense all repairs, replacements or restoration related to damages to the
New Park Property and Adjacent Park Property caused by the acts or omissions of Grantee, its
employees, agents, contractors, and invitees.
6. Indemnity. To the maximum extent permitted under applicable law,
Grantee hereby agrees to indemnify, defend (through attorneys reasonably acceptable to Grantor)
and hold harmless Grantor its elected officials, employees, agents, successors and assigns from
and against any and all claims, damages, losses, liabilities, costs and expenses (including
reasonable attorneys' fees actually incurred) which may at any time hereafter be asserted against
or suffered by Grantee arising out of or resulting from any and all liability relating in any way to
-4-
Grantee's exercise of its rights hereunder including, but not limited to, the performance of any
Infrastructure Work performed by Grantee its employees, agents, contractors, and invitees,
except only to the extent caused by Grantor, its employees, agents, contractors or invitees.
7. Enforcement. In the event of a breach of any of the covenants or
agreements set forth in this Agreement, the parties shall be entitled to any and all remedies
available at law or in equity, including, but not limited to, the equitable remedies of specific
performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction.
The parties hereto agree that in the event it becomes necessary for Grantor or Grantee to defend
or institute legal proceedings as a result of the failure of the other party to comply with the terms,
covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the
prevailing party in such litigation shall be entitled to be reimbursed from the defaulting party for
all costs incurred or expended in connection therewith, including, but not limited to, reasonable
attorneys' fees (including appellate fees) and court costs.
8. Binding Effect. The covenants contained in this Agreement are not
personal, but shall run with the land and shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors and assigns.
9. Appurtenant Easement. The Grantee Property is adjacent to the New Park
Property and the Adjacent Park Property, and the easements herein granted are for the benefit of
the Grantee Property and therefore are appurtenant thereto and shall run with the land.
10. Amendment. This Agreement may not be modified, amended or
terminated without the prior written approval of the then owners of the land who are benefited or
burdened by the provisions of any amendment to this Agreement.
11. Waiver. No waiver of any of the provisions of this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
12. Captions. The captions and paragraph headings contained in this
Agreement are for convenience and reference only and in no way define, describe, extend or
limit the scope or intent of this Agreement, nor the intent of any provision hereof.
13. Counterparts. This Agreement may be executed in one or' more
counterparts, each of which shall be deemed to be an original, but all of which, when taken
together, shall constitute one and the same Agreement.
14. Notices. Any and all notices authorized or required hereunder shall be in
writing and shall be deemed to have been duly given when delivered by hand or three (3)
business days after deposit in the United States mail, by certified or registered mail, return
receipt requested, postage prepaid, and addressed as follows, or to such other address as either
-5-
party shall from time to time designate to the other in wntmg, or, in the absence of such
designation (e.g., a new owner who fails to notify the other parties), to the person and address
shown on the then current real property tax rolls of Miami-Dade County, Florida, to wit:
If Grantor:
City of Aventura
2999 N.E. 191st St., Suite 500
Aventura, Florida 33180
Attention: Eric M. Soroka, City Manager
With a copy to:
City of Aventura
2999 N.E. 19lst St., Suite 500
A ventura, Florida 33180
Attention: City Attorney
If to Grantee:
Gulfstream Park Racing Association, Inc.
901 South Federal Highway
Hallandale, Florida 33009
Attention: Scott Savin, President
With a copy to:
Magna Entertainment Corp.
285 West Huntington Drive
Arcadia, California 91007
Attn: Scott Daruty, Esq.
15. Severabilitv. In the event any term or provision of this Agreement is
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed in full force and effect.
16. Entire Agreement. Thls Agreement constitutes the entire Agreement
between the parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements both oral and written, between the parties with respect thereto.
17. Associations. Grantee shall have the right to assign its interest in this
Agreement, whether in whole or in part, to a property owners association or associations which
may, from time to time, be established for the governance of all or any portion or portions of the
Grantee Property (individually, an "Association" and, collectively, the "Associations") and
thereby be released from any further obligations hereunder, provided that any such assignment is
accomplished by a duly authorized instrument executed by Grantor, properly witnessed and
acknowledged, and recorded in the Public Records of Miami-Dade County, Florida, and
-6-
provided further that such Association and/or Associations, as applicable, assumes, in writing,
the obligations of Grantee hereunder.
18. Insurance.
(a) Prior to Grantee's entry onto any Easement Area or prior to
commencement of any Infrastructure Work, Grantee shall be required to obtain and maintain the
following insurance with respect to such Easement Area. Grantee shall carry and maintain, at its
own cost and expense, the following insurance: (i) if applicable, "All Risk" property insurance
for the seawall for the full replacement cost of the seawall; (ii) commercial general liability
insurance with a minimum limit of liability of $5,000,000 combined single limit for bodily injury
or death/property damage arising out of anyone occurrence; (iii) Workers' Compensation
Insurance as required by law; and (iv) automobile liability insurance covering all owned, hired,
and non-owned vehicles in use by Grantee, its employees and agents with minimum limits of
$2,000,000 combined single limit for bodily injury or death/property damage arising out of any
one occurrence.
(b) Grantee will name the Grantor as an additional insured under its
commercial general liability policy and automobile liability insurance policy required to be
obtained. Grantee will require its insurance company to give at least thirty (30) days prior
written notice of termination, cancellation, non-renewal, or material alteration of the policy to the
additional insured, except for termination or cancellation for non-payment of premium, which
notice will be ten (10) days.
(c) Certificates of insurance for each insurance policy required to be
obtained by Grantee in compliance with this Section 18, along with written evidence of payment
of required premiums shall be filed and maintained with Grantor upon execution of this
Agreement by Grantee and annually during the term of the Agreement. Grantee shall
immediately advise Grantor of any claim or litigation that may result in liability to Grantor.
(d) All insurance required to be obtained shall be effected under valid
and enforceable policies, insured by insurers licensed to do business by the State of Florida and
shall be rated A + or better by A.M. Best Company.
(e) Grantee shall require that each and everyone of its contractors and
their subcontractors who perform work on the Property to carry, in full force and effect, workers'
compensation, comprehensive public liability and automobile liability insurance coverages of the
type which Grantee is required to obtain under the terms of this Section 18 with appropriate
limits of insurance.
(I) The foregoing insurance requirements shall not relieve or limit the
liability of Grantee. Grantor does not in any way represent that the types and amounts of
insurance required hereunder are sufficient or adequate to protect Grantee's interest or liabilities,
but are merely minimum requirements established by the Grantor. Grantor reserves the right to
-7-
require any other reasonable insurance coverages that Grantor deems reasonably necessary
depending upon the risk of loss and exposure to liability in the context of Grantee's use of the
Easement Areas pursuant to this Agreement. Grantee agrees to indemnify and save harmless
Grantor from and against the payment of any deductible and from the payment of any premium
on any insurance policy required to be furnished by this Agreement.
(g) Once every five (5) years during the term of this Agreement,
Grantor may review the insurance coverages to be carried by Grantee. If Grantor determines that
higher limits of coverage are necessary to protect the interests of Grantor, Grantee shall be so
notified and shall obtain the additional limits of insurance, at its sole cost and expense.
19. No Waiver of Police Power. Grantor cannot, and hereby specifically does
not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it
may relate to regulations of general applicability which may govern Grantee's Property, the
Infrastructure Work, the Easement Areas and any other exercise of Grantee of its rights
hereunder. Nothing in this Agreement shall be deemed to create an affirmative duty of Grantor
to abrogate its sovereign right to exercise its police powers and governmental powers by
approving or disapproving or taking any other action in accordance with its zoning and land use
codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state
laws and regulations, and grant agreements. In addition, nothing herein shall be considered
zoning by contract.
20. As-Is. Grantee accepts the Easement Areas in the condition existing as of
the date of execution of this Agreement. Grantor makes no representation or warranty with
respect to the condition of the Easement Areas and Grantor shall not be liable for any latent or
patent defect in the Easement Areas. Grantor shall not at any time be liable for injury or damage
occurring to any person or property from any cause whatsoever arising out of Grantee's exercise
of its rights hereunder, except and only to the extent caused by Grantor, its employees, agents,
contractors or invitees.
21. Third Partv Beneficiaries. Neither Grantor nor Grantee intend to directly
or substantially benefit a third party by this Agreement. Therefore, the parties agree that there
are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert
a claim against either of them based upon this Agreement.
22. No Waiver of Sovereign Immunity. The Landlord does not waive any
rights of sovereign immunity that it has under applicable law.
23. GOVERNING LAW; WAIVER OF JURY TRIAL. THIS AGREEMENT
SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH AND
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO
CONTRACTS MADE AND TO BE PERFORMED ENTIRELY IN THE STATE. THE
PARTIES AGREE THAT VENUE FOR AND LEGAL ACTION INSTITUTED IN
CONNECTION WITH THIS AGREEMENT SHALL BE IN MIAMI-DADE COUNTY,
-8-
FLORIDA. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF THIS AGREEMENT.
24. Rights Reserved. The easement rights granted herein are non-exclusive in
nature and are subject to all matters of record without reimposing same. Grantor shall have the
right to use, and construct improvements in, the Easement Area for public park purposes and for
all purposes accessory and incidental thereto including, but not limited to, docks accessory or
incidental to the Easement Area's use as a public park. The Grantor is the Owner of the
Easement Area, has full power and authority to grant the easements herein granted and Grantee
shall enjoy the use of the easements for the purposes set forth herein.
[signatures of parties follow on next page]
-9-
TN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _ day
of , 2004.
Witnesses;
GRANTEE;
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
Date: January_, 2004
GRANTOR;
Attest:
CITY OF A VENTURA, a Florida municipal
corporation
By:
Teresa M. Smith, CMC
City Clerk
Eric M. Soroka
City Manager
Approved as to legal form and sufficiency:
Date: January_, 2004
By:
City Attorney
)
)SS:
)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me lhis _ day of
2004 by Eric M. Soroka as City Manager of CITY OF A VENTURA, a Florida municipal
corporation. He/she/they personally appeared before me, is/are personally known to me or
produced as identification.
[NOTARY SEAL]
Notary:
Print Name:
Notary Public, State of
My commission expires:
-10-
)
)SS:
)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_ by as of GULFSTREAM PARK
RACING ASSOCIATION, INC., a Florida corporation. He/she personally appeared before me,
is personally known to me or produced as identification.
[NOTARY SEAL]
Notary:
Print Name:
Notary Public, State of
My commission expires:
-11-
EXHIBIT "A"
New Park Property
A-I
LAND DESCRIPTION
PROPOSED CITY PARK
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
bcing more particularly described as follows:
COMMENCE at the Northeast corner of said Tract B and the Northeast comer of Section
34, Township 5 I South, Range 42 East;
THENCE South 02021' 14" East on the East line of said Tract B and the East line of said
Section 34, a distance of 320.00 feet to the POINT OF BEGINNING;
THENCE continuc South 02021'14" East on said East line of Tract B and said East line
of Section 34, a distance of 221.55 feet to the Northeast comer of a parcel of land
conveyed to the City of Aventura for highway purposes by Right-of-Way Deed recorded
in OffiCIal Records Book 17973, Page 3869 of the Public Records of Miami-Dade
County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following
threc (3) courses and distances;
1. South 50029'14" West, a distance of 32.10 feet (31.83 feet by deed) to the
beginning of a tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a
central angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet
(216.43 feet by deed) to a point of tangency;
3. South 88001 '22" West, a distance 01'638.03 feet;
THENCE North 0202J '14" West, a distance of 310.06 feet;
THENCE North 88003' 52" East, a distance of 865.12 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
261,571 square feet (6.005 acres) more or less.
PTepan:d Dy:
CALVIN, (jIOkDANO ANn ASSOCIATES, INC
1 xoo Eller Vnve. Suite 600
Fori LaudeTd.lt', Flor;d~ B)J6
December 9,1003
P:\PrQjtcal100I\01219) Gulfstrcam Park Boundary Survey or ~,ami Dlde Portion\SURVEY\Legal Descrip!ions\Proposed City
Park.doc
Sheet 1 of3 Sheets
NOTES:
l. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021 '14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
SSOCIA TES, INC.
Date: 1't~1-()3
rrcp~rcd Uy:
CAlVIN, GIORDANO AND ASSOCIATE-C:. lNe
I goo Elkr Drwt, SUIte 600
rart L1udc:rd..le, florid", 3D 16
lkccmber 9, 200)
P:\ProJcct~\200I\012]9J Gulfslrcam Parlc. Boundary SUi'o'cy ofMlilni Dado: Pon1on\SURVEY\Lcga.] DCKriptions\froposed City
Park do~
Sheet 2 of3 Sheets
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EXHIBIT "B"
Adjacent Park Property
B-1
DESCRIPTION:
A PORTION OF TRACT '/', THE WATERWAYS - SECTION 3, AS RECORDED IN PI_AT
BOOK 125, PACE 78 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA,
MORE PARTlCULARI. Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 'I', THENCE NORTH 87'
51' 15' EAST, ALONG THE NORTHERLY LINE OF SAID TRACT '1',305.01 FEET;
THENCE SOUTH 02' 21' 59' EAST, CONTINUING ALONG SAID NORTHERL Y LINE AND
THE SOUTHERLY PROJECTION THEREOF, 95.32 FEET TO A POINT ON THE ARC OF
A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
474.00 FEET, AND A RADIAL BEARING OF SOUTH 10' 44' 08' EAST, SAID CURVE
ALSO BEING THE NORTHERLY LIMITS OF YACHT CLUB DRIVE AS SHOWN ON SAID
PLAT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAD NON-TANGENT CURVE
THROUGH A CENTRAL ANGLE OF 43' 43' 32', AN ARC DISTANCE OF 361.74
FEETr THENCE NORTH 02' 21' 59' WEST, ALONG THE WEST LINE OF SAID TRACT
'1',274,24 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF A VENTURA, MIAMI DADE COUNTY, FLORIDA,
CONTAINING 1.1083 ACRES (48,277 SQUARE FEET! MORE OR LESS.
EXHIBIT "C"
Grantee Property
C-l
LAND DESCRIPTION
PROPOSED RESIDENTIAL AREA
GULFSTREAM PARK
ClTY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, acconling to the plat thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
being more particularly descrihed as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section
34. Township 51 South, Range 42 East;
THENCE South 02021 '14" East on the East line of said Tract B and the East line of said
Section 34, a distance of245.00 feet to the POINT OF BEGINNING;
THENCE continue South 02021 '14" East on said East line of Tract B and said East line
of Section 34, a distance of75.00 feet;
THENCE South 88003'52" West, a distance of865.12 feet;
THENCE South 02021 '14" East, a distance of 310.06 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
THENCE South 88001'22" West on the North line of said Parcel conveyed to the City of
Aventura, a distance of 1284.95 feet;
THENCE North 01058'49" West, a distance of 98.61 feet;
THENCE North 12014'00" East, a distance of23.20 feet;
THENCE North 02003'19" West, a distance of 127.70 feet to the beginning ofa Tangent
curve concave to the West;
THENCE Northerly on the arc of said curve, having a radius of 451.05 feet, through a
central angle of 10018'24", an arc distance of81.J4 feet to a point of Tangency;
THENCE North 12021'43" West, a distance of 304.92 feet to the intersection with the
North line of said Tract A and the North line of said Section 34;
Prepared By.
CALVIN, GIORDt1.NO AND ASSOCIATES, fNe
1800 Eller Drive, Suite bOO
Fort Lauderdale, florida JJJ I b
December 9, 2003
1':\ProJecls\200l \012]9J GullsU"cam Park Boundary Survey oC Miami D:lJe PortionlSURVEY\Legal Descriplions\Propused
Rc:)idential Area A & B.doc
Sheet 1 of 3 Sheets
THENCE North 88001 '22" East on said North line of Tract A, the North line of said
Tract B and said North line of Section 34, a distance of 1642.39 feet;
THENCE South 50020' I 0" East, a distance of 329.64 feet to the beginning of a tangent
curve concave to the Northeast;
THENCE Southeasterly on the arc of said curve having a radius of 102.00 feet, through a
ccntral angle of 41 035 '58", an arc distance of 74.06 feet to a point of tangency;
THENCE North 88003'52" East, a distance of 247.93 feet to the POINT OF
BEGINNING;
Said lands lying in the City of A ventura, Miami-Dade County, Florida and containing
988,266 square feet (22.688 acres) more or less.
NOTES
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021 '14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date: /2;-2-20.3
Prepared By
CALVIN, GlOlm,'\NO AND ASSOC1ATES.INC.
] HOO Eller Drive. 1.,1IIlc 600
ForI Lauderdak. h,'rida JJJ 16
December 9, 2(J()~
P'\Prlljects\200 I \[11 ~ \ In Gulfs\I'ealll Park Boundary Surveyor Miami DiJdt Portion\SUR VEY\Legal Descnptiol1s\Proposed
Residential ArCJ ^ & Bdoc
Sheet 2 of 3 Sheets
I P: \PRO..(CTS\20Ql\OI219J GULFSTREAM PARK BOUNDARY SuR\lfY Of' MIAl,l1 DADE PORTION\SURV(I'\5KETCH\504-EXH-Sl<T-REV-12DS03.0WC CC RES-A-B 12-19-2003
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LAND DESCRIPTION
PROPOSED COMMERCIAL AREA
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portion of Tract A, DONN ACRES, according to the plat thereof as recorded ill Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more
particularly described as follows:
COMMENCE at the Northeast corner of Tract B of said DONN ACRES and the
Northeast corner of Section 34, Township 51 South, Range 42 East;
THENCE South 88001'22" West on the North line of said Tracts A and B and the North
line of said Section 34, a distance of 2202. 76 feet to the POINT OF BEGINNING;
THENCE South 12021'43" East, a distance of 304.92 feet to the beginning of a tangent
curve concave to the West;
THENCE Southeasterly on the arc of said curve havinll a radius of 451.05 feet, through a
central angle of 10018'24", an arc distance of81.14 feet to a point of tangency;
THENCE South 02003'19" East, a distance of 127.70 feet;
THENCE South 12014'00" West, a distance of23.20 feet;
THENCE South 01058'49" East, a distance of 98.61 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposcs by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
llIENCE on said North line of a Parcel of land conveyed to the City of A ventura the
following four (4) courses and distances;
1. South 88001'22" West, a distance of 306.73 feet to the beginning of a tangent
curve concave to the Northeast;
2. Northwesterly on the arc of said curve having a radius of 614.09 feet, through a
central angle of 21 002'04", an arc distance of 225.44 feet to a point of tangency;
3. North 70053'08" West, a distance of 132.90 feet to the beginning of a tangent
curve concave to the East;
Prepared By:
CALVrN. GIORDANO AND ASSOClA TES. INC.
(800 Eller on'!!!, Suite 600
fort Lauderdale, Florida 33316
December 9,200]
P:\Projec~\lOOI\O]219J Glllfstream Park Boundary Survey of Miami Ollde "ortJon\SURV~Y\Lt:gll Dc:s.criptionl\Pmpolcd
Commercial Area.doc.
Sheet I of3 Sheets
4. Northwesterly on the arc of said curve having a radius of 25.00 feet, through a
central angle of 88053'36", an arc distance of 38.79 feet to a point of reverse
curvature with a curve concave to the Northwest, said point being located on the
West line of said Tract A, DONN ACRES;
THENCE Northeasterly on said West line of Tract A and on the arc of said curve having
a radius of3909.83 feet, through a central angle of 07046'10", an arc distance of 530.18
feet to the Northwest comer of said Tract A and the intersection with said North line of
Section 34;
THENCE North 88001 '22" East on said North line of Tract A and said North line of
Section 34, a distance of 461.38 feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
357,994 square feet (8.218 acres) more or less.
NOTES:
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the North line of Tracts A and B, DONN
ACRES, as recorded in Plat Book 76, Page 30, Miami-Dade County Records,
with said North line having a bearing of South 88001 '22" West.
4. The description contained herein and the attached sketch, does nol represent a
field Boundary Survey.
IORDANO
SSOCIA TES, INC.
Date: /1, -1-0=3
Prepared By:
CALVIN. GIORDANO AND A~SOClA ru. INC.
1800 Eller Drive, Suile 600
Furl Lauderdale:. Florida 33) 16
~ember 9. 100)
P:\Projcct~\2001'{l12193 Gulfslrcam Park Bound;>>'r)I Surveyor Miami Dade Portion\SURVEYiLegal Descriptlonl\PToposed
COrl\mcTCial Area.doc
Sheet 2 of 3 Sheets
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EXHIBIT "D"
Canal Bank Maintenance Easement Area
D-l
LAND DESCRIPTION
20' EASEMENT
PORTION OF TRACT 1- THE WATERWAYS-SECTION 3
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
A portion of Tract 1. THE WATERWAYS - SECTION 3, according to (he plat (hereof as
recorded in Plat Book 125, Page 78 of the Public Records of Miami-Dade County,
Florida, together with a portion of Northeast 34th Avenue as shown on THE
WATER WAYS - SECTION I, according to the plat thereof as recorded in Plat Book
122, Page 81 of the Public Records of Miami-Dade County, Florida all being more
particularly descrihed as follows:
COMMENCE at the Northwest corner of Section 35, Township 5] South, Range 42 East,
Miami-Dade County, Florida;
THENCE South 02021'] 4" East on the West line of said Section 35, a distance of 320.00
feet to the Northwest corner of said Northeast 34th Avenue and the POINT OF
BEGINNING;
THENCE North 88003'52" East, a distance of 351.02 feet to the intersection with the
West line of an existing 60 foot Canal Easement as shown on said THE WATER WAYS
- SECTION 3;
THENCE South 02021' 14" East on said West line of a 60.00 foot Canal Easement, a
distance of 3.93 feet to a point on the arc of a non-tangent curve concave to the South,
from which the radius point of said curve bears South 10043'23" East;
THENCE Westerly on the arc of said curve, having a radius of 474.00 feet, through a
central angle of 08035'25", an arc distance of71.07 feet to a point of non-tangency;
THENCE South 88003'52" West, a distance of 281.74 feet to the intersection with said
West line of Section 35;
THENCE North 02021' 14" West on said West line of Section 35, a distance of20.00 feel
to the POINT OF BEGINNING:
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
6,400 square feet (0.147 acres) more or less.
NOTES:
Prepared By.
CALVIN, GIORO.'\NO AND ASSOCIA rES, INC
1800 Eller Drive, Suite 600
ForI Lauderdale:, FiL1tidu ]33 16
Decembt:r9,20(l}
1':\P!OJeus\1UOl \l11~1()3 (illICstl-eam Park BoundalY Surveyor Miallli Dade Ponion\..<:>URYEY\Lcgal Descripliolls\WtltcrwilYs P:lfce\
2_doc
Sheet I of 3 Sheets
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
J. Bcarings shown hereon are relative to the West line of Section 35, Township 51
South, Range 42 East with said West line having a bearing of South 0202] '14"
East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
SSOClATES, INC.
Date:
1~~lZ -03
1'lcpOln;d Oy:
CALVIN, (jIO](!)ANO AND ASSOCIATES, INC
I ROO Filer Drive, Suite 600
rurt l.al,dcrdale, Florida )].'11/0
December 9, 200)
P:\PnIJe(ls\lOOI\01219J (iul[slrt:alll Park BOLllllhH)' Survey Qr MiamI Dade Porlion\sURVEY\Legal Dcsctiptions\W;JlCrways P:ltcel
2.doc
Sheet 2 of 3 Sheets
.?: \PRO..(CTS\2001\OI219,l GULfSTREAl.l PARK ElOUNOARr SURVEY Of i.lIAi.l1 DADE PORTlC>>l\SUR\{Y\SKETCH\S04-EXH-SKr-REY-120501DWG CC 20 EAS-WAIWY 12-19-200J
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LAND DESCRIPTION
PROPOSED 20' UTILITY EASEMENT
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
being more particularly described as follows:
COMMENCE at the Northeast corner of said Tract B and the Northeast comer of Section
34, Township 51 South, Range 42 East;
THENCE South 02021 '14" East on the East line of said Tract B and the East line of said
Section 34, a distance of 320.00 feet to the POINT OF BEGINNING;
THENCE continue South 02021'14" East on said East line of Tract B and said East line
of Section 34, a distance of 20.00 feet;
THENCE South 88003'52" West, a distance of 845.12 feet;
THENCE South 02021 '14" East, a distance of 290.04 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3869 of the Public
Records of Miami-Dade County, Florida;
TIffiNCE South 88001 '22" West on said North line, a distance of 20.00 feet;
THENCE North 02021 '14" West, a distance of310.06 feet;
THENCE North 88003'52" East, a distance of 865.12 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
23,103 square feet (0.530 acres) more or less.
~OTRS'
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
Prepared By'
CAl VlN. GIORDANO AND ASSOClA rES, lNC
1800 Eller Dri....e, Suite 600
fort LAuderdale. FJorida JD16
December 9, 2003
rHJ'TojecuIJOO1\01219J Gulf,tream Park BOl.ll'ldary Su.....cy of Miami Dade Por1ionISURV~'t"'\UiS.l Ue&criptions\Propond 20' Utility
Eucrncnl.doc
Sheet I of3 Sheets
2. Lands described hereon were not abstracted, by the surveyor, for ownen;hip,
easements, rights-of-way Of other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
ASSOCIATES, INC.
Date: (2.-9-03
PrepaTed By
CALVIN. GIORDANO AND ASSOClATt!S, INC.
J 800 Eller Drive, Suile 600
Fan '~uderdt.llc. Florida DJ 16
Decernber9,2003
?:\Projecl:o\200I\012193 Gulfstre.:lm Park Boundary Survey nrMiami O:/.de Ponion\sURVEY\LegIJ Descriptions\Propused 20' Utiliry
ElISI:ment.doc
Sheet 2 of3 Sheets
p, Cl.J[CTS
I 0I219J QAFSTRf:AIol pA,ItK ~DAAY SUR'o'EY f7" ........ OADE PORllON SIJR~Y\Sl<(JO-I S04-[)Q1-S/(T-R(V-12'O.50.l.DWG CC 20 EASWT 1;2-05-200:5
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EXHIBIT "E"
Canal Easement Area
E-l
LAND DESCRIPTION
PORTION OF TRACT 1- THE W ATERW A YS-SECTION 3
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
A portion ofTract I, THE WATERWAYS - SECTION 3, according to the plat thereof as
recorded in Plat Book 125, Page 78 of the Public Records of Miami-Dade County,
Florida, together with a portion of Northeast 34th Avenue as shown on THE
WATER WAYS - SECTION I, according to the plat thereof as recorded in Plat Book
122. Page 81 of the Public Records of Miami-Dade County, Florida all being more
particularly descrihed as follows:
COMMENCE at the Northwest corner of Section 35, Township 51 South, Range 42 East,
Miami-Dade County, Florida;
THENCE South 02021' 14" East on the West line of said Section 35, a distance of 230.00
feet to the NOlihwest corner of said Northeast 34th Avenue and the POINT OF
BEGINNING;
THENCE North 87052 '00" East on the North line of said Northeast 34th Avenue and the
North line of said Tract I, a distance of 35 1.01 feet to a corner in said North line of Tract
l'
,
THENCE South 02021 '14" East on said North line of Tract I and it's Southerly
projection and on the West line of a 60.00 foot Canal Easement as shown on said THE
W ATERW A YS - SECTION 3, a distance of91.21 feet;
THENCE South 88003'52" West, a distance of 351.02 feet to the intersection with said
West line of Section 35;
THENCE North 0202] '14" West on said West line of Section 35, a distance of 90.00
feet to the POINT OF BEGINNING:
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
31,803 squarc feet (0.130 acre") more or Jess.
NOTES:
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
I'l'cporcu By:
CALVIN, (iJOIW,\N(J ANI) ASSOC1ATES, INC.
1 ROO Eller Drive. Suite Ml(l
Fort Lauderdnlc, Flurid;1 .\.1]16
December 9, 2003
P:\ProJcds\20Ul\OI21\.)j (,u\[Slt-cllllll'ark. Boundary Survey of MiOlmi Dade POr!lon\sURVEY\Legal Descripliolls\Waterways
Parceldoc
Sheet 1 of 3 Sheets
2. Lands described hereon were not abstracted, by (he surveyor, for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the West line of Section 35, Township 51
SOLlth, Range 42 East with said West line having a bearing of South 02021 '14"
East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
OCIA TES, INe.
Date:
r2~22-o~
Prep.Jrl:d By
CALVIN, GIORO"NO AND ASSOCIA"flS, INC
1800 Eller Drive, Suite 600
Fort Lauderd<l\c, Florid.:! JJJ16
DecemberCl,200}
P:\PnljecLs\lOOI \UI219) G1.Ilrstn:am Park Boundary SUi'vey orMiumi D..ue Ponioll\sURVEY\Legal Descriplions\Waler-ways
ParceJ.doc
Sheet 2 of 3 Sheets
P: \PROJEcrS\2001\01219J CUlfSTR[AtJ PARK BOUNDARY SURvEy OF lJlAl.l1 DADE PORnON\SURVEY\SKErCH\Sa~-ExH-Sl<T-REV-!2050JOWG Gel CANAL 12-03-2003
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EXHIBIT "F"
Utility Easement Area
ftl-~rvO 1\505J45v06\FDG 106_ DOC
F-l
LAND DESCRJPTION
PROPOSED 20' UTILITY EASEMENT
GULFSTREAM PARK
CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA
Portions of Tract A and Tract B, DONN ACRES, according to the plat thereof as
recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County, Florida,
being more particu]arly described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast corner of Section
34, Tuwnship 51 South, Range 42 East;
THENCE SOl1th 02021 '14" East un the East line of said Tract B and the East line ufsaid
Section 34, a distance of 320.00 feet to the POINT OF BEGINNING;
THENCE continue South 02021 '14" East on said East line of Tract B and said East line
of Section 34, a distance of 20.00 feet;
THENCE South 88003'52" West, a distance of 845.12 feet;
THENCE South 02021' 14" East, a distance of 290.04 feet to the intersection with the
North line of a parcel of land conveyed to the City of Aventura for highway purposes by
Right-of-Way Deed recorded in Official Records Book 17973, Page 3&69 of the Public
Records of Miami-Dade County, Florida;
THENCE South 88001'22" West on said North line, a distance of20.00 feet;
THENCE North 02021' 14" West, a distance 0010.06 feet;
THENCE North 8&003'52" East, a distance of &65.12 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
23,t03 square feet (0.530 acres) more or less.
NOTES:
I. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
Pr~arM By
CAL VrN, GIORDANO AND ASSOClA rES. INC.
1800 Eller Drive. Suite 600
Fun Lauderdale. Florida )3316
O~ccmbCf 9,lOC)J
P:\Pro)l:~ct.!l\100I\01 J 193 Gulfstrcam Parle l:Juunuary Survey uf Miami Dade PorllOn\SUKV.l:::Y\Legal lJc~riptions\PfDpused 20' Utility
Ea!>emtnutoc
Sheet I 00 Sheets
2. Lands described hereon were not abstracted, by the surveyor. for ownership,
easements, rights-of-way or other instruments that may appear in the Public
Records of Miami-Dade County.
3. Bearings shown hereon are relative to the East line of Tract B, DONN ACRES, as
recorded in Plat Book 76, Page 30, Miami-Dade County Records, with said East
line having a bearing of South 02021' 14" East.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
ASSOCIATES, INC.
Date: (2. -1-03
Pr.epar~By
CALVIN, GIORDANO AND ASSOCLAh:S, INC.
[800 Eller Drive, Sllile 600
fOr1l..auderdQle. F[orida ]D 16
December 9. 2(0)
P:\Projecls\2UOI\012193 Gulf!;tream park Boundary Survey ofl\.fi.1mi O:lde Partian\SURVcY\Leg'l Descriptions\Propused 20' Utiliry
Easl:rnt:nLdoc
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EXHIBIT "K"
LEGAL DESCRIPTION - ADJACENT PARK
ftl-srvOl\42J9S0vll
K-I
DESCRIPTION:
A PORTION OF TRACT '/', THE WATERWAYS - SECTION 3. AS RECORDED IN PI_A T
BOOK 125, PAGE 78 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A T THE NORTHWEST CORNER OF SAID TRACT 'I', THENCE NORTH 87'
51' 15' EAST, ALONG THE NORTHERLY LINE OF SAID TRACT '1',305.01 FEET;
THENCE SOUTH 02" 21' 59' EAST, CONTINUING ALONG SAID NORTHERLY LINE ANf)
THE SOUTHERLY PROJECTION THEREOF, 95.32 FEET TO A POINT ON THE ARC OF
A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
474.00 FEET. AND A RADIAL BEARING OF SOUTH 10' 44' 08' EAST, SAID CURVE
ALSO BEING THE NORTHERLY LIMITS OF YACHT CLUB DRIVE AS SHOWN ON SAID
PLAT; THENCE SOUTHWESTERLY ALONG THE ARC OF SA~ NON-TANGENT CURVE
THROUGH A CENTRAL ANGLE OF 43' 43' 32', AN ARC DISTANCE OF 361.74
FEET; THENCE NORTH 02' 21' 59'WEST, ALONG THE WEST LINE OF SAID TRACT
'1'.274.24 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF AVENTURA. MIAMI DADE COUNTY, FLORIDA.
CONT AINING 1,1083 ACRES (48.277 SOUARE FEET! MORE OR LESS.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: December 8, 2003
SUBJECT: 2004 Legislative Programs and Priorities
January 6, 2004 City Commission Meeting Agenda Item b .c.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Legislative Programs
and Priorities for the upcoming 2004 Legislative Session. The document includes the
issues at the November 2003 Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01267-03
RESOLUTION NO. 2004"_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2004 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2004 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be 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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 2
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2004
Mayor Jeffrey M. Perlow
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Vice Mayor Harry Holzberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza & Guedes, P .A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2004
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Authorize detection devices at traffic signals of red light runners and the
issuance of citations.
3. Provide for the coordinated and comprehensive efforts for statewide and local
security and anti-terrorist programs in conjunction with the Federal government.
4. Support the repeal of legislation that imposed excessive county court filing fees
for municipal enforcement of ordinance violations
5. Will not create revisions in municipal pension plans or State Statues that will
impose additional mandated financial obligations for municipalities.
6. Adopt the 2004 Policy Statement of the Florida League of Cities.
The City of Aventura will seek financial assistance and grants for the following
projects:
1. Funding for Stormwater drainage improvements.
2. Funding for Park development.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: December 15, 2003
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, C' y
SUBJECT: Resolution Providing for Acceptance of Turnberry Way Dedication
January 6, 2004 City Commission Meeting Agenda Item c.. -1:>
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the acceptance of the Turnberry Way Dedication.
BACKGROUND
At the time the City originally adopted the Resolution to accept the dedication of the
private road known as Yacht Club Way, Turnberry Way was not included in the
proposal.
Since that time, the owners requested that Turnberry Way, from the gatehouse to the
north and the gatehouse to the south at Mystic Point, be included as part of the
dedication. The dedication of both roadways is complete. The attached Resolution is a
cleanup item to include the additional right-of-way consisting of Turnberry Way.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01273-03
RESOLUTION NO. 2004-_
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR
ACCEPTANCE OF THE DEDICATION OF RIGHT OF WAY
KNOWN AS TURNBERRY WAY IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN
DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 99-65 the City Commission approved the
dedication of a private road known as Yacht Club Way as a public right of way; and
WHEREAS, the former owners of Yacht Club Way also desire to dedicate a
portion of an adjacent private road known as Turnberry Way to the City of Aventura as a
public right of way within the City of Aventura; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication of a portion of Turnberry Way as a public
right of way.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the proposed dedication and acceptance of a portion of
Turnberry Way as a public right of way as shown and legally described on Exhibit "A"
attached hereto (the "Property") is hereby approved by the City Commission, which
legal description also includes portions of Yacht Club Way previously accepted by the
City.
Resolution No. 2004-_
Page 2
Section 2. That the City Manager is hereby authorized to take the necessary
action to obtain the required documentation from the Property owners including
conveyance documents and all title documentation. Upon approval by the City Attorney
as to the legal form and sufficiency of the dedication, the instruments of conveyance
and title documentation to be provided by Property owners, the City Manager is hereby
authorized, on behalf of the City, to implement such dedication and to accept the
conveyance and dedication of the Property as a public right of way.
Section 3. That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 4. That this Resolution shall be 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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
2
Resolution No. 2004-_
Page 3
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of January, 2004.
CITY CLERK
3
.oo~
DESCRIPTION:
A PORTION OF TRACT PI', FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING
TO THI:. PLAT THEREOF AS RECOROED IN PLAT BOOK 99. PAGE 20 OF THE PUBLIC RECORDS OF
MIAMI-OAce COUNTY, FLORIDA AND BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS'
BEGINNING AT THE NORTHWEST CORNER OF TRACT FF AS SHOWN ON SAID pl.Ar; "tHENCE
NORTH 11"41'018 EAST, ALONG A WEST BOUNDARY OF BAlD TRACT PP, ALSO BEING ALONG A
PORTION OF A.N EAST BOUNDARY OF TRACT 00 ^S SHOWN ON SAID PLAT, A DISTANCE OF
100.Q$ FEET TO THE SOUTHWEST CORNEP. OF TRACT 00 AS SHOWN ON $AIO PLAT: THENCE
SOUTH 86"3'27" EAST, ALONG THE SOUTH BOuNOA,RY OF SAID TRACT DO. A DISTANCE OF
363_45 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DD; THENCE NORTH ""41'01" EAST,
ALONG A WEST BOUNDARY OF SAID TRACT PP, ALSO BEING ALONG A EAST BOUNDAR.Y OF SAID
TRACT 00. A. DISTANCE OF 219,33 FEET TO THE NORTHEAST CORNER OF SAID TRA.CT DO:
THENCE SOUTH 78G'8'59~ EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH BOUNOAAY
OF SAID TRACT DO, A OISTANCE OF 70,00 FEET TO Af'Il EAST BOUNOA.RY OF SAID TRACT PP;
THENCE SOUTH 11"41'01~ WeST, ALONG SAID EAST BOUNDARY OF TRACT pp, A DISTANCE OF
634.11 FEET TO THE SOUTH BOUNDARY OF SAID TRACT PP. ALSO BEING; THE NORTH RIGHT-OF-
WAY o~ STATE ROAD 852 (WILLIAM I..F;HMAN CAUSEWAY) AS SHOWN ON SAID PLAT: THENCE
NORTH 67.22'18" WEST, A DISTANCE OF 12.09 FEST TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE LEFT: THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 27'19,27 FEET, A CENTRAL ANGLE OF '.13'08', A DISTANce OF 59,10 Fe:ET, THE LAST
lWO (2) COURSES BEING ALONG SAID SOUTH aOUNDARY OF TRACT PP, ALSO BEING ALONG
SAID NORTH RIGHT-Of-WAY; THENCE NORTH 11"'4"0'" EAST, ALONG THE EAST BOUNDARY Of
SAlD TRACT fF, ALSO aelNG ALONG A WEST BOUNDARY OF SAID TRACT PP. A DISTANCE OF
300,92 FEET TO THE NORTHI;AST CORNER OF SAID TRACT FF; THENCE NORTH 86-13'ZT WEST,
ALONG THe NORTH BOUNDARY OF SAIO TR:ACT FF, ALSO BEING ALONG A SOUTH BOUNDARY OF
SAID TRAC" PP, A DISTANCE OF 363.45 FEET TO THE. POINT OF BEGINNING,
SAIO \.A,NO$ SITUATE IN THE CITY OF AVENTURA, MIA.MI . DADE COUNTY, FLORIDA AND CONTAIN
80,272 SQUARe FEET (1.&43 ACRES) MORE OF LESS.
THE BEARINGS REFERENCED HEREIN ARE BASED ON A 8EARlNG OF SQlITH 86"1J'2r fAST
ALONG THE NORTH BOUNDARY OF TRACT FF AS SHOWN ON SAID PLAT,
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM
TECHNICAL STANOARDS FOR LAND SURVEYING IN THE STATe OF FLORIDA. AS OUTLINED IN
CHAPTER 61G17.fi (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE OEf'A.RTMENT OF
BUSINESS AND PROFESSIONAL REGULATION, BOARO OF PROFESSIONAL SURVEYORS AND
MAPPERS IN SEPTeMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472,027 OF THe FL.OFUDA
STATUT~S, AND IS TRUE AND CORRECT TO THE BEST OF OUR t<NOWLEDGE AND ~~L1~F_
CRAVEN THOMPSON & ASSOCIATES, INC
CER IFICATE OF AUTHORIZATION NUMOER LB 27'
THIS SKETCH AND DESCRIPTION IS NOT VALID UNLESS Ir B~RS AN ORIGINAL SIGNATURE AND
A RAISED. EMBOSSED SURVEYOR'S SEAL.
JUN 1 3
SlIl!ET I OF 2
CfAJOB NO, (J1-OIO)
DATE MAV2,2002
REYlSFD: MAYZ3, ,,001
REVJ8f:D: lUNE D, 2002
C\Tf.Ml'\RW v"CA.duc
NYI.i'13B Y v,unms ss laM
----
cue: tlii SiDC XVii "ii:Ol NOR t'O/lillZI
.(ffJ
CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS PLANNERS. SURVEYORS
3563 N.W. 53RD STREET FDRT LAUDERDALE, FLORIDA 333D9 (954) 739-640D
fAX: (954) 739-6409
fOR: CITY OF' AVENTURA
~: 'JIoItS IS !:!Q! A S)((Tel'l 01 SURvty. bul only 0 grcDhlc dllllletll)"l
01 l~. CncrlllllDII !h_ "''''01'1. Th." hI" b.... no hid wClI"'I:, vi..;"q of
thlll !ubjed properly. or mlll1umetlt! set in ~nec:tion with the pl'opOl'Olio"
of th. infofmlltiQ/l IneW! "'.Hin.
~
o 50 100
I ' I
SCALE '"=10D'
SKETCH TO ACCOMPANY DESCRIPTION
(
FIFTH ADDIT1DN
BISCAYNE YACHT AND
COUNTRY ClUB
PLAT BOOK 99. PAGE 20
t.lIAIoU-DADE COUNlY RECORDS
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QRAWN BY: JVN CHt:CKt:D BY: J\ot.I F.B.1895 PG.1-4 DA1!D; 5-1-02
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AGENDA ITEM 6-E
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year:
Patricia Frank
Ginger Grossman
Julie Israel
William Joel
Shirlee Levin
Marian Nesbitt
Michael Stern
Section 2. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of two years:
Dr. Eric Albin
Carole Epstein
Manuel Grife
Alberto Milian
Larry Orenstein
Gary Pyott
Resolution No. 2004-_
Page 2
Section 3. 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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission 6J
I
Eric M. Soroka, ICMA-CM, Ci. anaget
Robert M. Sherman, Director ~ty service~~~
December 17, 2003
TO:
BY:
DATE:
SUBJECT:
Resolution Authorizing the City Manager to Executive Work
Authorization No. 01-0103-034A from Craven Thompson &
Associates, Inc. to Prepare Specifications and Bid Documents for the
Preparation of an Environmental Remediation Plan for the
Development of Waterways Park for $122,000.00.
January 6, 2004 City Commission Meeting Agenda Item b - P
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Work Authorization No. 01-0103-034A from
Craven Thompson & Associates, Inc. to prepare specifications and bid documents for
the preparation of an environmental remediation plan for the development of
Waterways Park for $122,000.00. This fee includes both professional services
($69,000.00) and testing and geotechnical engineering fees ($53,000.00).
Backaround
The City plans to develop this property into a six acre active park which will connect
with the existing Waterways Park. This expansion includes a playground, lighted
athletic fields, park office, parking lot, sun shelters and a native wetlands area that will
have a boardwalk through this mangrove area. This Work Authorization encompasses
the following phases to prepare the site for development:
1. Pre-Desion Phase: The survey and the environmental audit of November 2000
will be updated. Any changes to the site conditions will be noted in an
Environmental Audit Update. This task will be completed within 45 days.
2. Remediation Action Plan Phase: Based upon the findings from the
Environmental Audit Update, the consultant shall prepare a Remedial Action
Plan and submit to DERM for review and approval. The RAP will be revised, if
City Commission
December 17, 2003
Page Two
necessary to incorporate DERM's comments. This task will be completed in
approximately 180 days.
3. Construction Documents Phase: After DERM's approval has been obtained for
site clean-up, the consultant will prepare construction documents. All necessary
specifications will be shown on these drawings for suitable bidding and
construction. This task will be completed in 60 days.
4. BiddinQ/Construction Administration Phase: The consultant will prepare bid
documents, respond to bidder's inquiries, assist the City in the evaluation of
competitive bids and provide recommendations. The consultant shall attend all
conferences, and provide up to twenty site visits for inspections, including
sample collection of soil and/or waste. The consultant will review and approve
contractor's pay requests, and will arrange final site clean-up testing and
interpret the results. This task will be completed in 60 days.
5. The entire Work Authorization will take approximately one year to complete, not
including construction. Construction is estimated to be five months.
If additional information is needed, please feel free to contact me regarding this project.
RMS/gf
Attachments
RMS03075
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-034A FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON
AND ASSOCIATES, INC. TO PREPARE SPECIFICATIONS
AND BID DOCUMENTS FOR THE PREPARATION OF AN
ENVIRONMENTAL REMEDIATION PLAN FOR THE
DEVELOPMENT OF WATERWAYS PARK FOR THE
AMOUNT OF $122,000.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; 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 the attached
Work Authorization # 01-01 03-034A for Professional Consulting Services with Craven
Thompson and Associates Inc. to prepare specifications and bid documents for an
environmental remediation plan for the development of Waterways Park for the amount
of $122,000.00.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 2
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. Ol-OI03-034A
The City of A ventura bas requested Work Authorization No. 01-0 103-034A 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 01-0103-034A 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.
Pre-desil!D Phase
Update Boundary Survey............ ......................................... ................................ $3,500.00
Update Environmental Audit ........................ ................................... .... ................. $4,500.00
Miscellaneous Research, Meeting Attendance & Coordination ............................. $1.200.00
Total Pre-design Phase....................................................................................... $9,200.00
Remedial Action Plan Phase
Prepare Remedial Action Plan for Environmental Cleanup ................................... $7,500.00
Coordination with City ................................... ..................................... ................. $ 1.500.00
Total Remedial Action Plan Phase .................................................................... $9,000.00
Construction Document Phase
Prepare Construction Documents for Site Clean-up ........................................... $15.000.00
Total Construction Document Phase ............................................................... $15,000.00
Biddinl! Phase
Prepare Bid Documents ............................. ..................................... ...................... $1,500.00
Attend Pre-bid Conference ................................. ..................................... ................ $500.00
Respond to RFI's ....... ......................................... .................................. .................. $500.00
Assist City in Review and Evaluation of Bids.......................................................... $300.00
Total Bidding Phase ........................................................................................... $2,800.00
Construction Administration Phase
Coordination on Site Clean-up............... ................................. ............................ $15,000.00
Contract Administration .......... ......................... ..................................... ............. $12.500.00
Total Construction Phase................................................................................. $27,500.00
Proiect Manal!ement Phase
Project Management...................... ........................................ ............................... $5.500.00
Total Project Management Phase...................................................................... $5,500.00
Reimbursable Expenses
Printing, Graphics, Communications .................................................................... $1,500.00
Couriers, Express Mail, Etc. ................................................................................. $1,500.00
Geotechnical Engineeringffesting ............................................. ......................... $50.000.00
Total Reimbursable Expenses.......................................................................... $53,000.00
Total Estimated Labor Expenses are ................................................................... $69,000.00
Total Estimated Reimbursable Expenses are....................................................... $53,000.00
The time period for this work authorization will be:
Prograrnming/Predesign Phase.................................4 5 Days
Remedial Action Plan Phase................................... 180 Days
Construction Documents Phase ................................60 Days
Bidding Phase ..........................................................60 Days
Construction Services Phase (estimate)................... 150 Days
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
Through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. CMC
Eric M. Soroka. ICMA-CM
day of
,2004
APPROVED AS TO FORM
BY
Notice to Proceed Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M. Shennan.. CPRP
day of
,2004
EXHffiIT "A"
Consultant shall provide professional consulting services for the development of the Waterways
Park Expansion, located on NE 213th Avenue (Yacht Club Drive) and NE 34th Avenue. This
initial phase of consulting services will include an update of the boundary survey and
environmental engineering services as follows: an environmental assessment of the site;
preparation of a remedial action plan and construction documents for the environmental work;
and coordination on the site clean-up. Qualified sub consultants shall include EAS Engineering,
Inc. (EAS) for environmental services and Avirom and Associates, Inc. (Avirom) for the update
of the boundary survey.
Consultant will more specifically perform the following tasks:
Pre-desil!n Phase
1. Survey:
Consultant shall update the boundary survey. The updated boundary survey shall exclude
the right-of-way for N.E. 213th Street and shall be in accordance with the Florida
Minimum Technical Standards as set forth in Chapter 61GI7 FAC pursuant to Section
472.027 Florida Statutes.
2. Update Environmental Audit:
EAS will review the Phase I and n environmental audit of this property that they
prepared on November 27,2000. A site inspection will be conducted to determine if the
conditions reported in the original audit still exist, or if site changes have occurred. Any
changes to the site conditions as reported in the original Environmental Audit will be
noted in an updated Phase I Audit report. Dade and Broward County files will be
reviewed again, and a new Environmental Data Resources report will be obtained. This
task will be completed within 45 days of receipt of notice to proceed.
3. Miscellaneous research and coordination.
Remedial Action Plan Phase
1. Prepare remedial action plan for environmental cleanup:
Based upon the findings from Environmental Audit Update, EAS shall prepare a
Remedial Action Plan (RAP) and submit to DERM for review and approval. Additional
site testing maybe needed during this phase of the work. The RAP will be revised, if
necessary, to incorporate DERM's comments. The time to complete this task is
approximately six (6) months.
Construction Documents Phase
1. After an approved RAP for site cleanup has been received from DERM, construction
documents for the site cleanup will be prepared by EAS. AIl drawings will include
details suitable for construction and bidding. All specifications will be shown on the
drawings; no separate documents (technical specifications) will be prepared.
Biddinl! Phase
1. Prepare bid documents and coordinate with City on bid.
2. Attend pre-bid meeting.
3. Respond to RFI's and bidder inquiries.
4_ Assist City in the evaluation of competitive bids.
5. Provide recommendations if requested.
Construction Administration Phase
I. Attend pre-construction conference.
2. Coordination on site clean-up:
The approved RAP will be implemented by the City under bid contract award. EAS will
provide ongoing (not continuous) inspections during sample collection or soil or waste
removal operations and, if required, will conduct joint inspections with DERM. Final site
clean-up testing will be arranged and the results interpreted. The site will be inspected up
10 twenty (20) times as part of this task.
3. Respond to Contractor RFI's_
4. Review and approve Contractor's pay request.
5. Attend construction progress meetings.
6. Miscellaneous coordination with City staff, Contractor and/or other affected parties.
...
Fl ~'-O. I KOIt
11/.50/00
CONCEPTUAL MASTER PLAN
WATERWAYS PARK EXPANSION
CITY Of A VONTIJRA
O'LEARY DESIGN ASSOCIAttS P.A.
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Agenda Item 6-G
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, legislation passed (HB 113A) during the 2003 Special
Session "A" that is the implementation of Article V, a 1998 constitutional
amendment, that requires the state to fund the county court system; and
WHEREAS, HB 113A prohibits state attorneys from appearing in county
courts for the purpose of prosecuting municipal ordinances; and
WHEREAS, the bill also prohibits a municipality from contracting with a
state attorney for the prosecution of municipal ordinances, and public defenders
will not be allowed to represent indigents charged with ordinance violations; and
WHEREAS, HB 113A requires a filing fee of $200 for each code or
ordinance violation; and
WHEREAS, several cities enforce code enforcement through a citation
process, which are filed through the county court system; and
WHEREAS, many of the fines for these citations are less than half of the
proposed $200 filing fee, which would make the citation process ineffective for
code enforcement activities; and
WHEREAS, the intent of the Municipal Revenue Sharing hold harmless
provision in HB 113A was intended to not reduce any revenues currently shared
with municipalities; and
WHEREAS, clean drinking water is a precious resource that must be
adequately planned for to meet the needs of future growth in Florida; and
WHEREAS, cities are implementing several innovative methods to assure
an adequate supply of drinking water is available for its citizens; and
WHEREAS, efforts were made during the 2003 legislative session to
mandate that cities establish water conservation rate structures, impose drought
rates, require submetering in apartment buildings or condos, mandate statewide
irrigation standards, implement "informative billing", and meter reclaimed water;
and
Resolution No. 2004-_
Page 2
WHEREAS, municipalities would be negatively impacted by legislation
mandating conservation measures on a "one size fits all" approach and many of
the conservation measures being considered had no demonstrable conservation
benefit but will be very expensive to implement; and
WHEREAS, the geographic emphasis and restrictive nature of Florida's
current annexation policy has negatively impacted Florida's municipalities by
inhibiting their economic vitality, creating inefficient service delivery and
subsidizing urban sprawl; and
WHEREAS, the current law has actually made it more difficult for
municipalities to provide municipal services in the urbanizing areas in
comparison to counties and special districts; and
WHEREAS, Florida's tremendous population growth and inflexible
annexation policies causes disruption in historical service delivery responsibilities
and results in a continuous conflict and inefficiencies in the financing and delivery
of many local public services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura urges Governor Jeb Bush and members
of the Florida Legislature to support legislation that:
a) Preserves the authority of individual local governments to
determine and implement the specific water conservation measures
required under a water use permit, and which preserves a local
government's control over reclaimed water that is created by the
local government.
b) Allows municipalities to contract for the services of public defenders
and state attorneys to enforce local ordinances; and
c) Eliminates the fee schedules for the enforcement of municipal code
or ordinance violations.
d) Provides a modification of the distribution formula for revenues
transferred from the Half-Cent Sales Tax Program to the Revenue
Sharing Trust Fund for Municipalities.
e) Strengthens the ability of municipalities to eliminate all enclaves
regardless of size or use, and provides reasonable procedures to
expeditiously annex areas that are contiguous to their boundaries.
Resolution No. 2004-_
Page 3
Section 2. That a copy of this resolution shall be provided to Governor
Jeb Bush, Senate President Jim King, House Speaker Johnnie Byrd and
members of the Florida Legislature.
Section 3. 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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM: Eric M. Soroka, ICMA-CM,
TO: City Commission
DATE: December 8,2003
SUBJECT: Ordinance Amending Lobbying Activities Chapter of the City Code
151 Reading January 6, 2004 City Commission Meeting Agenda Item H
2nd Reading February 3, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance which
amends Chapter 2 of the City Code relating to Lobbying Activities.
BACKGROUND
The City Attorney prepared the attached Ordinance in response to recent revisions to
the Miami-Dade County Lobbying Ordinance. This matter was reviewed at the
November Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01268-03
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VI "LOBBYING ACTIVITIES"
OF CHAPTER 2 "ADMINISTRATION," BY
REPEALING ALL OF ARTICLE VI, CONSISTING OF
SECTION 2-371 THROUGH AND INCLUDING
SECTION 2-377, EXCEPT FOR SECTION 2-375
"PENALTIES," AND ADOPTING A NEW ARTICLE
VI "LOBBYING ACTIVITIES" TO CONSIST OF
SECTION 2-371 "LOBBYISTS" AND SECTION 2-375
"PENALTIES" OF CHAPTER 2
"ADMINISTRATION," BY ADOPTING SECTION 2-
11.1(S) OF THE MIAMI-DADE COUNTY CODE
CONCERNING LOBBYING, AS MODIFIED HEREIN;
PROVIDING FOR RELATED FEES AND OTHER
PROVISIONS CONCERNING LOBBYISTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Miami-Dade County (the "County") Commission has recently
comprehensively revised the County lobbyist ordinance (the "County Lobbying Ordinance") as
set forth in Section 2-11.I(s) of Miami-Dade County Code (the "County Code"); and
WHEREAS, the staff of the County Ethics Commission has recommended that the
revised County Lobbying Ordinance be adopted and followed by municipalities within the
County; and
WHEREAS, the City Commission desires to adopt and follow the provisions of the
County Lobbying Ordinance as described herein, along with the modifications and other
requirements specified herein.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals AdoDted. That each of the above stated recitals is hereby
Ordinance No. 2004-_
Page 2
adopted and confirmed.
Section 2. ReDeal. That the City Code of the City of A ventura, Florida, is
hereby amended by repealing Article VI "Lobbying Activities," consisting of Section 2-
371 through and including Section 2-377 of Chapter 2 "Administration," except for
Section 2-375 "Penalties," which reads as set forth in Exhibit "A" attached hereto and
incorporated herein. Any fees owed to the City under the repealed provisions shall be
due and owing to the City until paid in full.
Section 3. Code Amended. That the City Code of the City of Aventura, Florida,
is hereby amended by creating Article VI "Lobbying Activities" to consist of existing
Section 2-375 "Penalties" and new Section 2-371 "Lobbyists" of Chapter 2
"Administration," to read as follows:
Section 2-371. Lobbyists. The provisions of Section 2-11.1(s)
"Lobbying," of the Miami-Dade County Code (the "County
Lobbying Ordinance") as it currently exists, as set forth in Exhibit
"X," attached hereto and incorporated herein, is hereby adopted
and shall apply within the City, except that in lieu of the fee for
annual lobbyist registration which is specified by Section 2-
11.1(s)(2)(b) of the County Lobbying Ordinance, the fee payable
to the City for registration of each lobbyist for the representation of
each principal of the lobbyist shall be One Hundred ($100.00)
Dollars (per principal represented), and the fee payable to the City
for annual lobbyist registration for each lobbyist shall be Two
Hundred ($200.00) Dollars. References in the County Lobbying
Ordinance to County personnel shall be deemed to be references to
City personnel who serve in comparable capacities to the County
personnel referred to. References in the County Lobbying
Ordinance to the County Commission or to a "County board or
committee" shall be deemed to be references to the City
Commission or to the City's boards as applicable. This Section 2-
371 shall prevail over any conflicting provision of the City Code.
Section 4. 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
2
Ordinance No. 2004-
Page 3
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
3
Ordinance No. 2004-
Page 4
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
PASSED AND ADOPTED on second reading this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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Amended
Agenda Item No.6 (A)
. 5-6-03
n >l
ExftrB1:i X
OIUJINANCE NO.
03-107
OIUJINANCE AMENDING SECTION 2-11.1(s) OF CODE OF
MIAMI-DADE COUNTY. FLORIDA, RELATING TO
LOBBYING; AMENDING DEFINmON OF LOBBYIST;
EL1MINATING ISSUE REGlSTRA"OON REQUIREMENT AND
FEE; PROVIDING FOR ANNUAL LOBBYIST
REGISTRATION AND FEE; PROVIDING FOR AUTOMATIC
SUSPENSION OF LOBBYISTS WHO FAIL TO FILE
EXPENDI1URE REPORTS BY SEPTEMBER I OF EACH
YEAR; PROHlBITING USE OF CONTINGENCY FEES TO
COMPENSATE LOBBYISTS; PROVIDING SEVERABILITY.
INCLUSION IN THE CODE. AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY. FLORIDA:
Section 1. Section 2-1 I.l (s) of the Code of Millllll-Dade County, Florida, is hereby
amended to read as follows:l
Sec.2-11.1. Conflict of Intercst and Code ofElhics Ordinance,
.
.
.
(s) Lobbytng.
(1) >>{@}<<As used in this Section, "County pernonnel"
means those County officers and employees
specified in Section 2-11.1 (i)(2) of the
Miami-Dade CO\IIJty Conflict of Interest and
Code of Ethics Ordinance.
Words strieken through and/or [[double bracketed)) shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisioru; are now
in effect and remain UIlGhangcd.
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Aiu.:nded
Agcoda Item No. 6 (A)
Page 2
As used in this section.<< "Lobbyist" means
all persons, firms, or corpomtions employed
or retained by a principal who seeks to
encourage the passage, defeat, or
modifications of (I) ordinance, resolution,
action or decision of the County
Commission: (2) any action, decision,
reconunendation of >>the County ManaJ!.er
Q!:<< any County board or committee; or (3)
any action, decision or feCClJIIIIIcodation of
County personnel during the time period of
the entire decision-making process on such
action, decision or recommendation which
foresceably will be heard or reviewed by the
County Commission, or a County board or
conlrniUee. "Lobbyist" specifically includes
the principa1[[;)] >>3$ well as anv employee
whose normal $COlle of emolovment
includes lobbvinl! activities<< ([~
above, 1I5 \'Jell IIll IlIIy ilt':"nt, efl'i____
6Rll'leyee of a Jlriseiplll, reglll'tIleS5 of
-,\ilelher sueh lolleyisg aetivities fall '.vithiR
4Jte R8AnAJ ~ sf elllplej'HlMt ae saeh
agent, omesr or e&lJlIB)'..J]. >>lbe term
"Lobbyist" sneci fieallv excludes the
followinl! I)Cl'S(lns: attorneys or other
reDresentatives retained or emDloyed solely
for the DurooSC of reoresentinl! individua1s.
coroorations or other entitiCll durinJ! Dublicly'
noticed Quasi-iudicial oroceedinl!S where the
law Drohibit~ eX-narte communications;
eXtlCrt wi1nesses who provide only
scientific. technical or other soecialized
infonnatiQn or testimon'\' in Ilublic meetinl!S:
any oerson who on\v aDeears as a
f'.'".....'ltative of a neiRhborhood
association without oomoensation or
reimbursement for the 800earancc. whether
direct. indirect or contin~enl. to ex press
support of or ODllOsition to an'\' item: an'\'
t'CIson wh9 only aDoears as a representative
of a not-for-nrofit cornnumit'\' based
omani:1.atioD for the DurtlOSC of reQucstin~ a
I!mnt without soecial compensation or
reimbursement for the aooearoncc: and
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Agcnda Item No. 6 ( A)
Page J
emolovees of a orincioal whose normal
scope of employment does not include
lobbvinl! activitics. < <
(2) All lobbyists sbaIl register with the Clerk of thc
Board of County Commissioncrs within five (5)
business days of being retained as a lobbyist or
beforc engaging in any lobbying activities,
whichever shall come firs\. Every person required
to 50 register shall:
(a)
H~
[(~]]>>M<<
Register on fonns prepared by thc Clerk;
Pay B FllgismltieB fee ef eJle k~dted lweIWy
the dollaP.; (S12U9);]]
State under oath his or her name, business
address[[;J] >>and<< the name and business
address of eacb person or entity which bas
employed said registrant to lobhy[[, BAd the
9peaif.ie iSSll~ 88 whish Be Sf she has heen
employee la loeb)'lJ. If the lobbyist
represents a corporation, >>the
colJ'Oration<< shall also be identified.
Without limiting the foregoing, the lobbyist
shall also identify all persons holding,
directly or indirectly, a five (5) percent or
mon: ownmlhip interest in such corporation,
pa. tnersbip, or trust. nSeplfBt8 regislfeu aD
sb&Il Be felj1lired r"r l!I\eh lI\l eeifi.e i9911..
SaM iseue Srhall \}e "geMe~ -:Ath IS BlueR
dB.} 8:8 is prae\ieal, ineluEliRg hut Ret
limited to a 9I'aeifie desetipQOB (WkORl
~lieehle) of a peBdiBg JeEjuest fur a
pt"epoSlll, i&';jiBuOB to !lid, pliblie heering
BlUBlter, Me. The Clef]!: of tfte 8e8A:I sf
Ce1lftty CeBHBissiaBtws 8haII rejeet 8Bf
regis_lieD r/-.--.t -J.'bielt .Jess net
pnHide a deSllfiptiOB efthe sp.eifie iil9UEl ell
~ilieh sueD J8e~i9t has lie-eft em.pleyed te
Ie89y J]. Registration of all lobbyists shall be
required prior to >>]anuarv 15 of cach<<
[[Oeleber 1 of e'/llF)' e'Je& IlWftMtld]] year
and each person who withdraws as a
lobbyist for a particular client shall file an
b
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Agenda Item No. Ii (JI.)
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appropriate notice of withdrawal. The fee
for >>annual<< [[\lieflflilll]] regislnltion
shall be >>four<< [[five]] hundred >>and
ninetv< < dollars >>($4 90.00)<<
[{('5QQ.llll~. lBigally, 11I1 loohyiBt3-s1la1l
regi91er Be at befefle JWle I, 19~
lllidil,iell, e]]>>I;;<<very registnlnt shall be
required to state the extent of any business
or professional relation~ip with any current
per.;on de5cribcd in subsection (b)(I). The
registration fees required by this subsection
shall be deposited by the Clerk into a
separate account OIld shaH be expended for
the purpose of recording>>.<< transcribing.
administration and other costs incum:d in
maintaining these records for availability to
the public. There shall be no fee required for
filing a notice of withdrawal and the Board
of County Commissioners may, in its
discretion, waive the registration fee upon II
finding of financial hardship.
[[(6)]]>>(0<< Prior to conducting any lobbying, all
principals must file a fonn with the Clerk of
the Board of County Commissioners, signed
by the principal or the principal's
representative, stating that the lobbyist is
authori2ed to represent the principal. Failure
of II principal 10 me the form required by the
preceding sentence may be considered in the
evaluation of a bid or proposal as evidence
that a proposer or bidder is not a responsible
contractor. Each principal shall file a form
with the Clerk of the Board at the point in
time at which a lobbyist. is no longer
authorized to represent the principal.
.
.
.
(4) Any person who only appears as a
representative of a not >>:<< for >>:<< profit
corporation or entity (such as a charitable
organization, [[e-lIeigheerlleed asseei&lieft]], or
a trade association or trade union), without
special compensation or reimbursement for the
appearance, whether direct, indirect or
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Agenda Item No. 6 ( A )
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contingent, to express support of or opposition to
any item. shall regiSU1f with the Clerk as required by
this subsection, but, upon request, shal! not be
required to pay any registration fees.
(5) Any person who appears as Q representative for an
individual or firm for an oral presentation before a
county certiticatiOll, evaluation, selection, technical
review or similar committee, shall list on an
affidavit provided by the County, all individuals
who may moke a presentation. The affidavit shall be
tiled by staff with the [[81]>~<<lerk's office at the
time the proposal is submitted. For the purpose of
this subsection only, the listed members of the
presentation team shall not be required to pay any
registration fees. No person shall appear before any
committee on behalf of an individual or finn unless
he or she bas been listed as part of the firm's
presentation team pur.;uant to this paragraph or
unless he or she is registered with the Clerk's office
and has paid all applicable fees.
(6) (a)
Commencing July I, 1986, and on July I of
each year thereafter, the lobbyist shall
submit to the Clerk of the Board of COIUlty
Commissioners a signed statement under
oath, as provided herein, listiog all lobbying
c"JlCnditures in excess of twenty-five dollars
($25.00) for the preceding calendar year. A
statement shall be filed even jf there [[has II
>>have<< been no expenditures during the
reporting period. The statement shall list in
detail each expenditure by category,
including food and beverage, entertainment,
research, communication, media advertising,
publications, travel, lodging and special
events.
(b)
The Clerk of the Boatd of County
Commissioners shall notify any lobbyist
who fails to timely file an expenditure
report. In addition to any other J"..na1tie.'
which may be imposed as provided in
subsection (s)([~lJ>>{2}<<, a fme of fifty
dollars ($50.00) per day shall be assessed for
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Agenda Item No. Ed A)
Page 6
reports filed after the due date. Where a fine
of filly dollars ($50.00) per day is assessed,
the Ethics Commission shall not impose a
fine as provided in subsection [[Ml\>>f1.J
Any lobbyist who fails to file the required
eXDClIditure reoort by September I" shall he
automatically sUSDended from lobbvinl! until
all fines arc naid unless the fine has been
anDCllIed to the Ethics Commission.<<
(c) The Clerk of the Board of County
Commissionern shall notify the Commission
on Ethics and Public Trust of the failure of a
lobbyist >>Qr Ilrincill81<< to file a report
and/or pay the assessed fines after
notification.
(d) A lobbyist >>or Ilrincimll<< may appeal a
line and may request a hcaring before the
Commission on Ethics and Public Trust. A
request for a hearing on the fine m\L~t be
filed with the Commission on Ethics and
Public T~1: within fifteen (15) calendar
days of receipt of the notification of the
failwt: 10 me the required disclosure fonn.
The Commission on Ethics and Public Tro.ort
shall have the au1hority to waive the fine, in
whole or part, based on good cause shown.
The Commission on Ethics and Public Trust
shall have the authority 10 adopt rules of
procedlllC regarding appeals from the Clerk
oftbe Board of County Commissioncrn.
>>ill No oersOD may. in whole or in cart. nav, Rive or
aerce 10 !lay oc !live a contingency fee 10 another
1lCfSon. No person mav. in whole or in cart. receive
or ap;n:e to receive a contin""ncy fee. As used
herein. "contingency fee" means a fee. bonus.
conunission. Or nonmonetarv benefit as
comDCllsation whieh is dependent on or in anY way
continl!enl on the Ila.~e, defeat. or modification
of: (I) an ordinance. resolution action or ~ecision
of the CoWlty Commission: (2) anY action. decision
or recommendation of 1he County Mana!lCf or anv
County board or committee: or (3) any action.
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Agenda Item No. 6 ( A)
Page 7
decision or recommendation of County personnel
durin!.! the time oerlod of the entire decision-maki"!!
nrocess rel!ardinR: such actiPll. decision or
recommendation which foreseeably will be heard or
reviewed by the County Commission.. or a County
board or conunittee.<<
[[~]J>>OO<< The Clerk shall publish logs on a quarterly and an
annual basis reflecting the lobbyist regislnltions
which have been filed in accordance with this
subsection (s). [[The Clerk sh&Il pIlhlisft lags far
the f6llflh IjYIUte{ 6f assai )'MF 19119 9Q Mil llie
fif5t E!H8fler of fiseal ye&r 199(1 91 119 969ft as
pllI8Qel1ille ~ Qw effeeti>:e tlate of this
erdin~'l'" :]) All logs required by this ordinance
shall be prepared in a manner substantially similar
to the logs prepared for the Florida Legislature
pursuant to Section 11.045, Florida Statutes.
U~)]>>{2}<< The Ethies Conu:nission sMll investigate any person
engaged in lobbying activities who may be in
violation of this subsection(s). In the event that a
violation is found to bavc been eommitted the
Ethics Commission may, in addition to the penalties
set forth in subsection [(M])>~<, prohibit such
person from lobbying before the County
Commission or lIII)' committee, board or pcr5Ol\llel
of the County as provided herein. Every lobbyist
who is found to be in violation of this section shall
be prohibited from registering as a lobbyist or
lobbying in llC(:()rollllCe with the following schedule:
1 51 violation for a period of 90 days from the dale of
determination of violation;
2nd violation for a period of one (I) year from the
date of determination of violation;
3rd violation for a period of five (5) years from the
date of determination of violation;
A bidder or proposer shall be subject to the
debannellt provisions of Section 10-18 of the Code
of Miami-Dade County as jf lbc bidder or proposer
wen: a contractor where the bidder or proposer has
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Agenda Item No. 6(A)
Page g
violated this section, either directly or indirectly or
any combination thereof, on three (3) or more
occasions. As used hcmn, a "~ct violation" shall
mean a violation committed by the bidder or
proposer and an "indirect violation" shaH mean a
violation committed by II lobbyist representing said
bidder or proposer. A contrad entered into in
violation of this section shall also render the
contract vio[[l]]>~<<able. The County Manager
shall include the provisions of this subsection in all
County bid docwnents, RFP, RFQ, CBO and
CDRO applications; provided, however, the failure
to do so shall not render any contract entered into as
the result of such failure illegal per &e.
[[~)]>>iliU<<AlI members of the County Commission, and all
County personnel, sbaH he diligent to ascertain
whether persons required to reeisrer pursuanllo this
subsection have complied. Commissioners or
County personnel may not knowingly permit a
person who is not registered pursuant to this
subsection to lobby the Commissioner, or the
relevant committee, board or COUIlty personnel.
[[tw)]]>>lill<<Except as otherwise provided in subscction
(s)[[(3))]>>{2)<<" the validity of any action or
detennination of the [[9]]>>!!<<oard of
[[e]]>>Q<<ounty [[e]]'>>Q<<ommissioners or
[[e]]>~<<Ounty personnel, board or committee
shall not be affected by the failure of any person to
comply with the provisions of this subsection(s).
Section 2.
If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3.
It is the intention of the Board of County Commissioners, and it is bereby
ordained thai the provisions of this ordinance, including any sunset provision, shall berome and
be made a part of the Code of Miami-Dade Coonty, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word .ordinance" may be
changed to "section, . "article," Of other appropriate word.
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Agenda Item No.
Page 9
&(A)
Section 4.
This ordinance shall bei:ome effective ten (10) days after the date of
enae1ment unless vetoed by the Mayor, and if vetoed. shall become effective ol)ly upon an
(lVcmde by this Board.
PASSED AND ADOPTED: MAY 0 6.2003.
Approved by County Attomey as
to fonn and legal sufficiellCY:
Prepared by:
aJ..6
G' h-..f
>
Gerald K- Sanchez
Sponsored by Conunissioner Katy Sorenson
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ARTICLE VI. I.OBBYlNG ACTIVITIES'
Sec. 2-371. Defibitil>n~.
The following word9. terms and phrases, when used in this [1Ctic]t\ ::;hn 1\ have the meanings
ascribed to them in \his s~ction, except where the context dearly indicates a different meaning:
Agency means the City, including an elected and appointed officials, employees and persons
acting on behalf of the agency.
Lobbyist.
(1) Lobbyist means linY person who, for compensation or remuneration, direct or indirect,
e:eeks to influence the governmental dcci~ion.mnkin.g of the agency or seck" to
encourage tho passage, defeat Or modific.ation of any ordinance, r~lsn]utiQ)l. contract,
bid award, proposal, recommendation, action or deci;-:;ion of the nanney.
(2) Lobbyist does not mCan:
n. A City employee when acting in his official capacity.
h. Any porson., at its full-time employeel officer or owner, who l~llpenrs before the
City Commission, 8 City BOin"d or committee, Of the City Mnnnr;CT OT staff in an
individual capacity for tJ,c purpose of self-representation or for the represent.a~
tion of others without compensatio" 01' reimbursement to '""press support of or in
.tCross reference-Quasi-judicial matters for planning and zoning, * ~4-3] e1. seC!.
State law refcrence-Lobbyist registration ~nd reporting, F.S. ~~ 11.040 ct scq., 112.3210
at seq.
SUP)). No. 05
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ADMINlS1'.lU\:rION
~ 2-375
oppr)sition to any CJrdinance. resolution, decision or aclion of the City Comrois-
~j<>l1., or any resolutioll, action, recommendation Or decision of nllY City TIMrd,
~gency or committee, or any ~t:tion, de.cision Or recommendation of the City
Manager.
Person includes individuals, firms, association~, joint venture~, general nnd limited part-
nerships. c:,;tntes, trosts, business trust.s, syndicates. fiduciaries, corporatjolls, and a11 other
groups or combinations.
(Ord. No. 97.05, ~ 1, 2-4-97; Ord. No. 99-05, ~ 1, 4-G-99)
Cross reference-Definition5 generally, ~ 1-2.
Sec. 2-372. Regislrntion required,
Alllobbyi'l.s sholl, before engaging in any lobbyin{; activities, rel.~ster with the City Clerk.
(Ord. No. 97 -05. ~ 2, 2-4-97)
SM, 2-373, Regimation information,
Every person rO<j\lired to register os a lobbyist sholl do so on forms prepared by the City
Clerk and shall fitate under oath his name and business addre-s~1 the name and business
address of each person which has employed the registrant to lobby, and the specific issue on
whicb he has boen employed to lobby. Separate reI;istratiotlS shall be requir"d for each specific
issue and for each "",player.
(Ord_ No. 97-05, ~ 3, 2-4-97)
Sel', 2-374. Annual statement of expenditures.
On January 1 of each yeS!', an lobbyists registered pursuant to this article shall submit to
the City Clerk B sil:lled .ta!cment under oath listing .n lobbying expend1tl1ro~ fnr the
preceding calendar year. A statement shall he filed even if thero hove been no expenditures
dw'ing the reporting period. Annual statements shall be required until such time as the
lobbyist files a nolico of withdrawol of lobbying activities with the City Clerk.
(Ord. No. 97.05, ~ ~,2-4.97)
Sec. 2-371;, Pen.uties,
(a) Whenever a violation of this article exists, the City Commi~sion may publicly r"pri-
mand, censure and/or pr<>hibit such Iobhyi>rt from lobbying before the City {or a poriod of up to
but not to exceed two yearf:'.
(h) Tho penalties Jll1lVided in this section are cumullltive in nature. Nothing contained iu
this article shan prevent the City from pursuing any other remedies aviillablc to the City
under the City'. Code and/or Slate low for the enforcement of its ordillances.
(Ord. No. 97-05, Ii 5, 2-4-97)
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AVENTOM CODE
Sec. 2-376. RcJti,stration forms and disclosure statements tel be public records.
All registr"t.ion forms and annual rlisclosur. str.tcmellts TCqUir"rJ by ti,i. articlo shall be
public record, subject 1;(. inspection and examination as provided for in F.S. ~ 119.07.
(Ord. No. 97-05, ~ 6, 2.1-97)
Soc. 2-.~77. ltegistration fee.
An annual lobbyist registration fee in the ,'mount of $100.00 peT Clllondar year for each
lobbyist sh.n be paid to the City Clerk at the time the lobbyist files n registTatiou form. This
fee is necessary to cover the administrative expendlturCi::1 required by this article.
(Ord. No. 97.05, ~ 7, 2-4-97)
Sees. 2.378-2-390. Reserved.
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM: Eric M. Soroka, ICMA-CM, Cit
j
TO: City Commission
DATE: December 10, 2003
SUBJECT: Ordinance Enacting a Police Pension Plan and Trust Fund
1st Reading January 6,2004 City Commission Meeting Agenda Item rz -B
2nd Reading February 3, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance Enacting a
Police Pension Plan and Trust Fund.
BACKGROUND
The Addendum to the PBA Collective Bargaining Agreement recently approved by the
City Commission provides for the City to implement a defined benefit pension plan for
members of the bargaining unit.
The attached Ordinance was prepared to implement the plan in accordance with the
components included in the Addendum, state law and IRS regulations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01270-03
ADDENDUM TO AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2002 to September 30, 2005
It is agreed by the City of Aventura and the Dade County Police Benevolent
Association that the Collective Bargaining Agreement for the period of October 1,
2002 to September 30, 2005 is hereby amended as follows:
ARTICLE 28
Pension VestinEl
Sootion 1. The 'testing sst:Jes\,lle for pl<lr:peses of the City's ICf\AJ\RC
Retirement Pre€lFam fer members of the bar-gainin€l unit shall be as follows:
Year-s of Service 'lestina %
o te 1 years 0
1 Ie 2 years 20
2 to J years 10
J Ie 1 years eO
1 to 5 years 80
Mere than 5 years 100
SeGtien 2. The City's oontribution en behalf of the employee into the City's
ICf\Aj\RC Retirement Pra€lr-am for memBers of the Bargaining unit shall Be 1J.5%.
ARTICLE 29
Pension Plan
Section 1. The City aarees to implement a defined benefit oension plan for
members of the baraainina unit to be effective October 2003. based on the
followina comoonents:
A. Pension Plan Points
a) Local Plan administered bv Board of Trustees as provided in State
Statue.
b) Normal Retirement - 55 and 10 vears of service or completion of 25
vears
c) Benefit - 3%
d) Averaae Final Compensation - Best 5 vear salarv of last ten
e) Vestina Years - 10 vears. If less than 10 vears of service. emplovee
contributions are refunded with 3% interest.
f) Salary - All except off-dutv
g) Additional FundinQ - State contributes .85% of oross premiums collected
on automobile. burQlarv and theft and properlY insurance within corporate
limits. This could translate to 4 to 5% for the Citv plan.
h) Earlv Retirement - 45 and 10 vears of service. The benefit is reduced bv
3% for each vear earlv before normal retirement aae.
i) Line of Duty ore - retirement death benefit - -Greater of accrued benefit
or 30% of monthlv compensation at death.
j) Disability - rNon-dutvl - 10 years of service. 25% of averaoe monthly
compensation or pension benefit accrued.
k) Disability - (On-duty) -42%of averaae month Iv compensation. Citv to
maintain current short and lona term disability proorams
B. pian Fundina (includes use of 185 monies)
a) Citv contribution effective 10/1/03 shall be 14.5%. All emolovee's
contribution. effective 10/1/03. shall be 6.3%. Estimated 185 monies to be
5%.
b) All emplovees hired prior to 1011/00 shall be eliaible for all service (vested
for all vears emploved bv the citv as a police officer). Em!:!lovees are
required to transfer all funds accrued in their Citv 401 plan (defined
contribution plan) to the defined benefit plan effective October 2003. The
Citv will make no further contributions to the 401 Plan.
c) Emplovees hired after 10/01/00 would be elioible for future service onlv as
of 10/01/03 and thev would retain all funds accrued in 401 plan. For those
emplovees with less than three (3) vears service as a Citv of Aventura
Police Officer as of October 1. 2003. the followina applies:
1. The officer receives no past service credit in the newlv provided
Defined Benefit Retirement Plan.
2. The officer retains ownership of the vested balance in the previouslv
provided Defined Contribution Plan (ICMA 401 Plan).
3. For the time after October 1. 2003. the officer is credited with service in
both the new Defined Benefit Plan and the previous Defined
Contribution Plan.
4. The Citv will make no further contributions to the Defined Contribution
Plan.
5. The Citv and emplovee will contribute to the new Defined Benefit
Retirement Plan for all oeriods after 10/1/03.
For example. a Police Officer who baaan work with the Citv on October 1.
2001 would have two vears service as an Aventura Police Officer on
October 1. 2003. The Officer is 40% vested in the Defined Contribution
Plan on October 1. 2003. If the emplovee continues to be amploved bv
the Citv as.a Police Officer. the Officer will become 60% vested in the
Defined Contribution Plan on October 1. 2004: 80% on October 1. 2005
and 100% on October 1. 2006. At October 1. 2006. the Officer will also
have 3 years of credited service in the Defined Benefit Plan.
d) Future increases or decreases required to fund the plan based on
actuarial studv would be split 50/50 (City/Emplovee) durina the life of this
aareement.
Section 2. The City and PBA aaree that Article 29. Section I .B. d) of this
Aareement shall expire as of September 30, 2005 at 11 :59 and therefore shall be
null and void.
ARTICLE 31
ReopeAinEl of NeElotiations
SeGtion 1. Raesener. Between !\f:lril1 and /\priI15, 200J, either party may notify
tho other party, in writin€l, at its desire to reopen Article 10 Salaries and Nticle 29
Pensions at this AQreement, pre'/iEled that such reopener and any r-osultinQ
nO€letiatiens shall tle fer tho sele pur:pese at discussing /\rticle 10 Salarios and
/\rticle 29 Pensions only. Upon S\,lsR notice tleing giveR, the Eluly authorizod
repr-esentatives of the parties will moet by May 1, 200:3, er such later date as tho
parties may mutually a€lree upon, to commence such ne€letiations. /\II other
pre'tisions at this .'\greemont shall remain in full feroo and effect during any
reopeRing.
This Agreement is made and entered into and executed this "1 00-..... day of
Oc--fcJbt'- , 2003.
Eric M. Soroka, Ci
~----~--, -
-
-
DADE cou OlENT ASSOCIATION
PB
__ Representative
~ _ _ 0 .-..-..~
Representative
lUnderlm'ed provisions constitute additions to the existing agreement; stricken
thr(jiigh provisions indicate deletions from the existing agreement.
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE BY ENACTING A NEW
POLICE PENSION PLAN AND TRUST FUNDj PROVIDING
TERMS FOR IMPLEMENTATION: PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has determined that the creation of a local law
pension plan is in the best interests of the police officers and citizens of the City of
Aventura; and
WHEREAS the City Commission of the City of Aventura concurs that
establishment of a local law pension plan is the most efficient means of complying with
state law and is in the best interests of the citizens and taxpayers of the City;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Aventura:
of the Aventura City Code is hereby enacted as
Section 1. Section
follows:
SECTION _
RETIREMENT PLAN ESTABLISHED: NAME: OPERATIVE DATE:
MINIMUM BENEFITS
A. A Retirement Plan is hereby established and placed under the exclusive
administration and management of a Board of Trustees for the purpose of
providing retirement benefits pursuant to the provisions of this Ordinance
and for defraying the reasonable expenses of the Retirement Plan.
B. The Retirement Plan established by this Ordinance shall be known as the
City of Aventura Police Officers' Retirement Plan.
C. The Retirement Plan shall have an effective date of October 1, 2003.
D. The Plan shall provide not less than the minimum level of benefits required
by Chapter 185. Florida Statutes.
SECTION _. DEFINITIONS.
The following words and phrases as used in this Ordinance shall have the
following meanings:
shall mean the sum of all amounts
deducted from a member's
compensation or picked up on
behalf of a member.
A.
Accumulated Contributions
B.
Active Membershio
shall mean membership in the
Retirement Plan as an employee.
C.
Actuarial Eauivalent
Shall mean that any benefit
payable under the terms of this
system other than the normal form
of benefit shall have the same
actuarial present value on the
date the payment commences as
the normal form of benefit. For
purposes of establishing the
actuarial present value of any
form of benefit, other than a lump
sum distribution, all future
payments shall be discounted for
interest and mortality using the
1983 group annuity mortality table
for males, with ages set back one
year for females. In the case of a
lump sum distribution, the
actuarial present value shall be
determined on the basis of the
same mortality rates as set forth
in this Section.
D.
And
shall have a conjunctive meaning.
2
E.
Beneficiarv
shall mean any person receiving a
retirement allowance or other
benefit from the Retirement Plan.
F.
Benefit
shall mean a retirement allowance
or other payment provided by the
Retirement Plan.
G.
Board or Board of Trustees
shall mean the Board of Trustees
of the Retirement Plan.
H.
Citv
shall mean the City of Aventura,
Florida.
I.
Credited Service
shall mean membership credit
upon which a member's eligibility
to receive benefits under the
Retirement Plan is based or upon
which the amount of such benefits
is to be determined.
J.
Disabilitv
shall mean the permanent and
total incapacity to perform regular
and continuous duties as a police
officer for the City of Aventura.
The term regular and continuous
as used in this definition shall not
require that a police officer be
able to perform all of the duties
set forth in the job description, but
shall mean the ability to perform
work within the classification of
police officer for which a position
has been made available by the
City . consistent with the physical
or mental health of the member.
K.
Earlv Service Retirement
shall mean a member's
withdrawal from service under
circumstances permitting the
payment of a retirement benefit
before such member is eligible
for normal service retirement.
3
L.
Earnable Compensation
shall mean a member's base pay
for regular hours worked as an
employee, overtime pay, amounts
paid for administrative leave,
bereavement leave,
compensatory time paid in lieu of
regular wages, court time, Garcia
days for K-9 service, holiday leave
taken in lieu of regular pay, job
basis leave, jury duty, light duty,
paid military leave, personal leave
taken in lieu of regular pay, storm
leave, storm/hurricane pay,
suspension with pay, pay for time
off due on the job injury, vacation
leave taken in lieu of regular pay,
and workers' compensation paid
by the City ; and, excluding pay
received for off-duty details for
third parties, whether or not the
payment is made through the City.
Earnable compensation shall not
include payouts of accumulated
leave taken as cash upon
separation from service.
Retroactive payments shall be
credited to the calendar year in
which such payments would have
been received had they been
timely paid. Compensation for any
plan year shall not include any
amounts in excess of the Internal
Revenue Code Section 401(a)(17)
limitation as adjusted for change
in the cost of living in the manner
prescribed by the IRC, Section
401 (a)(17)(B).
M.
Emplovee
shall mean a police officer
presently employed by the City. A
police officer who is reclassified,
due to disability, as a City
employee outside of the police
4
service shall have membership
rights in the Retirement Plan
applicable to that new class of
employees.
N.
Final Monthly Compensation
shall mean a member's average
monthly rate of earnable
compensation from the City during
the five (5) best years out of the
last ten (10) years of employment
; provided that if a member has
been employed for fewer than five
(5) years, such average shall be
taken over the period of actual
employment.
O.
Police officer
shall mean any person for whom
contributions are made or picked
up to the retirement plan as
required by this ordinance and
who is certified as a police officer
as a condition of employment in
accordance with the provisions of
Section 943.1395, Fla. Stat., and
who is vested with the authority to
bear arms and make arrests, and
whose primary responsibility is the
prevention and detection of crime
or the enforcement of the penal,
criminal, traffic, or highway laws of
the state, including supervisory
and managerial personnel.
P.
Fund
shall mean the City of Aventura
Police Officers' Retirement Plan.
a.
Mav
shall mean a permissive term.
R.
Member
shall mean a police officer actively
employed by the City for whom
contributions to the Retirement
Plan are made as required by this
Ordinance. Members shall also
include retired police officers. The
5
chief of police and any such other
managerial ranks, as may be
permitted by law, shall have the
option to participate in this plan or
another city sponsored retirement
plan.
S.
Option
shall mean one of several choices
available to members with respect
to the manner in which a
retirement allowance may be paid.
T.
Pension
shall mean a series of periodic
payments, usually for life, payable
in monthly installments.
U.
Pick-Up Amounts
shall mean employer contributions
derived from a member's earnable
compensation through a reduction
in the member's earnable
compensation.
v.
Plan Year
shall mean the period from
October 1 through September 30
of the following year.
w.
Retirement
shall mean a member's
withdrawal from active
membership with a benefit
granted to the member pursuant
to the provisions of this
Ordinance.
x.
Retirement Allowance
shall mean a pension provided by
the Retirement Plan.
Y.
Retirement Plan
shall mean the City of Aventura
Police Officers' Retirement Plan.
z.
Service
shall mean active service as an
employee.
AA.
Service Retirement
shall mean a member's retirement
from active service under
6
circumstances permitting payment
of a retirement allowance without
reduction because of age or
length of service and without
special qualifications such as
disability. Service retirement shall
be considered normal retirement.
BB.
Trustee
shall mean a member of the
Board of Trustees of the
Retirement Plan.
CC.
Vested Benefit
shall mean an immediate or
deferred benefit to which a
member has gained a non-
forfeitable right under the
provisions of this Ordinance.
DD.
Minimum Vestinq
shall mean ten (10) years of
credited service before the
member is entitled to retirement
benefits except for service-
incurred disability retirement
income or service incurred death
benefits.
SECTION ADMINISTRATION OF THE RETIREMENT PLAN.
A. The sole and exclusive administration of, and the responsibility for the
proper, effective operation of the Retirement Plan and for implementing the
provisions of this Ordinance is vested in a Board of Trustees.
B. The Board of Trustees shall consist of five (5) persons; two (2) of whom
shall be legal residents of the City of Aventura and who shall be appointed
by the City Commission from a list provided by the City Manager. Two (2)
members of the Board of Trustees shall be police officers elected by a
majority of the police officers who are active members of the plan. A fifth
member of the Board shall be chosen by a majority of the other four (4)
Trustees, and such person's name shall be submitted to the City
Commission for appointment. The City Commission shall appoint the fifth
member selected by the other four (4) Trustees as a ministerial duty.
C. All Trustees shall serve a term of two (2) years. If a vacancy shall occur
prior to the expiration of a member's term, a replacement member shall be
7
chosen in the same manner as the person who has left office. A
replacement Trustee shall serve a full term measured from the date of
replacement. All Trustees shall serve until their replacements are
selected.
D. The Board of Trustees shall prescribe a uniform election procedure for the
selection of the active member Trustees.
E. All Trustees shall serve without compensation, but they shall be
reimbursed from the Fund for all necessary expenses authorized by the
Board, including, but not limited to reimbursement for leave time used for
educational conferences approved by the Board. The Board shall be
permitted to prescribe uniform rules for reimbursement for travel
expenditures, consistent with City travel policy.
F. The Board of Trustees shall annually select a chairman and a secretary
who shall execute all documents on behalf of the Board.
G. A majority of the members of the Board shall constitute a quorum for the
transaction of business and shall have full power to act under the terms of
the Plan. Three (3) concurring votes shall be required of the Board to take
action.
H. The Board shall keep minutes of all meetings and a record of any action
taken by the Board shall be kept in written form and maintained by the
Board.
I. The Board of Trustees shall have the authority to make such uniform rules
and regulations and to take such action as may be necessary to carry out
the provisions of the Plan and all decisions of the Board of Trustees, made
in good faith, shall be final, binding and conclusive on all parties.
J. The Board of Trustees shall be deemed the named fiduciary of the Plan
and shall discharge its responsibilities solely in the interest of the members
and beneficiaries of the Plan for the exclusive purpose of providing
benefits to the members and their beneficiaries and to defray the
reasonable expenses of the Plan. The Trustees shall exercise those
fiduciary responsibilities with the care, skill, prudence and diligence under
the circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a similar character and with similar aims.
K. The Board of Trustees shall have the following administrative duties:
8
1. To maintain such records as are necessary for calculating and
distributing retirement benefits;
2. To maintain such records as are necessary for financial accounting
and reporting of Retirement Plan funds;
3. To maintain such records as are necessary for actuarial evaluation
of the Retirement Plan, including investigations into the mortality,
service and compensation experience of its members and
beneficiaries;
4. To compile such other administrative or investment information as is
necessary for the management of the Retirement Plan;
5. To process, certify and/or respond to all correspondence, bills and
statements received by the Retirement Plan, as well as all
applications submitted to the Board for retirement benefits;
6. To establish and maintain communication with City departments and
other agencies of government as is necessary for the management
of the Retirement Plan, including preparing, filing and distributing
such reports and information as are required by law to be prepared,
filed or distributed on behalf of the Retirement Plan;
7. To determine all questions relating to and process all applications
for eligibility, participation and benefits;
8. To distribute at regular intervals to employees, a comprehensive
Summary Plan Description and periodic reports regarding the
financial and actuarial status of the Plan;
9. To retain and compensate such professional and technical
experience as is necessary to fulfill its fiduciary responsibilities;
10. To make recommendations to the City Manager regarding changes
in the provisions of the Plan;
11. To assure the prompt deposit of all member contributions, City
contributions, Chapter 185 monies, and investment earnings;
12. To establish a uniform set of rules and regulations for the
management of the Trust;
9
13. To take such other action as the Trustees shall deem, in their sole
and exclusive discretion, as being necessary for the efficient
management of the Plan.
L. The Board shall have the authority to retain its own legal counsel,
accountants, actuaries and other professional advisors to assist the Board
in the performance of its duties. The Board may act without independent
investigation upon the professional advice of the advisors so retained.
M. The Board is authorized to prosecute or defend actions, claims or
proceedings of any nature or kind for the protection of the Fund assets or
for the protection of the Board in the performance of its duties.
N. Neither the Board nor any of its individual members shall have any
personal liability for any action taken in good faith. The Trustees
individually and the Board as a whole shall be entitled to the protections in
Section 768.28, Fla. Stat. The Trustees shall also be authorized to
purchase from the assets of the Fund, errors and omission insurance to
protect the Trustees in the performance of their duties. Such insurance
shall not provide protection against a Trustee's fraud, intentional
misrepresentation, willful misconduct or gross negligence.
O. No Trustee shall be responsible at his or her own expense, to take legal
action to correct the misconduct of any other member of the Board of
Trustees. A Trustee shall have an affirmative obligation, however, to
publicly reveal any misfeasance, malfeasance or nonfeasance by a co-
Trustee, and upon making such revelation in a public meeting, shall be
relieved further individual responsibility of the actions of that co-Trustee.
SECTION . CONTRIBUTIONS.
A. The City shall pick-up, rather than deduct from each member's pay,
beginning with the date of employment, six and three tenths (6.3%)percent
of the member's earnable compensation. The monies so picked-up shall
be deposited in the Fund immediately after each pay period. An account
record shall be maintained continuously for each member. Pick-up
contributions shall continue until death, disability or termination of service,
whichever shall occur first. Contributions shall remain in the Fund unless
withdrawn as provided in the Plan. No member shall have the option to
choose to receive the contributed amounts directly instead of having them
paid by the City directly to the Plan. All such pick-up contributions by the
City shall be deemed and be considered as part of the member's
accumulated contributions and subject to all provisions of the Plan
10
pertaining to accumulated contributions of members. The intent of this
provision is to comply with Section 414(h)(2) of the Internal Revenue Code.
For the purpose of accruing and calculating pension benefits, and for all
other purposes of calculating wage related benefits and calculations, the
amounts picked up under this section shall be considered part of the
earnable compensation of a member.
B. All benefits payable under this Plan are in lieu of a refund of accumulated
contributions. In any event, however, each member shall be guaranteed
the payment of benefits at least equal in total amount to the member's
accumulated contributions.
C. Any monies received or receivable by reason of the laws of the State of
Florida for the express purpose of funding or paying for retirement benefits
for police officers shall be deposited into the Fund within five (5) business
days of receipt by the City. State monies shall be used as prescribed by
law.
D. The City shall make such contribution under the Florida Protection of
Public Employee Retirement Benefits Act and Chapter 185, Florida
Statutes, which together with contributions picked-up on behalf of
members, Plan earnings and state insurance premium tax rebates, will
maintain the Fund on a sound actuarial basis, as determined by the Board
in conjunction with its actuary. The City's contributions shall be deposited
at least quarterly.
E. Expenses, charges and fees attributable to the management of the Plan
shall be paid from the Fund.
F. The City shall have no right, title or interest in the Fund or in any part
thereof, and no contribution made thereto shall revert to the City, except
such part of the Fund, if any, which remains therein after the satisfaction of
all liabilities to persons entitled to benefits under the Plan.
SECTION . FUND MANAGEMENT AND INVESTMENTS.
A. The Plan is hereby established, pursuant to authority granted in the City
Charter, as an irrevocable trust fund into which shall be deposited all of the
assets of the Plan of every kind and description.
B. The actual custody and supervision of the Fund shall be vested in the
Board. All assets of the Plan may be commingled, provided that accurate
11
records are maintained at all times reflecting the financial composition of
the Fund, including accurate accounts regarding the following:
1. Current amounts of accumulated contributions of members, both on
an individual and aggregate basis;
2. Receipts and disbursements;
3. Benefits payments;
4. All contributions from the City;
5. All contributions from the State of Florida pursuant to Chapter 185;
6. All interest, dividends, gains and losses from investment;
7. Such other entries as may be required for a clear, complete financial
report of the status of the Fund.
C.
The Board shall establish a written investment policy, with the advice and
counsel of such advisors as the Board deems necessary, and said
investment policy shall set forth the types of securities and other types of
investments into which shall be placed the assets of the Fund. The policy
shall further set forth appropriate limitations on those investments,
including, but not limited to, anticipated rate of return, quality of investment,
class of investment and acceptable risk. The Board shall have the
authority to invest and reinvest the assets of the Plan in such securities or
property, real or personal, as the Board deems appropriate, including, but
not limited to:
1. Bonds, notes, or other obligations of the United States or any of its
agencies, or those guaranteed by the United States or for which the
credit of the United States is pledged for the payment of the
principal and interest or dividends thereof;
2. Accounts or certificates of deposit in any bank or other financial
institution incorporated under the laws of the State of Florida, or any
national bank organized under the laws of the United States, or
authorized to do business and situated in the State of Florida, to the
extent that such certificates of deposit are secured by the deposits
of securities of the United States government;
12
3. Notes secured by first mortgages on real property insured or
guaranteed by the Federal Housing Administration or the Veterans
Administration;
4. Interest-bearing obligations with a fixed maturity of any corporation
organized under the laws of the United States, any state or
organized territory of the United States and the District of Columbia;
provided that such obligations are rated by at least two (2) nationally
recognized ratings services in anyone of the four highest
classifications approved by the Comptroller of the Currency for the
investment of funds of national banks or, if only one nationally
recognized ratings service shall rate such obligations, such ratings
service must have rated such obligation in anyone of the four
highest rating classifications as set forth in this subsection;
5. Bonds issued by the State of Israel;
6. Real estate, which may be in the form of commingled ownership
and financial institutional futures, listed options, stock index futures,
which may be used under specific instruction of mangers;
7. Common stock, preferred stock and interest- bearing obligations of
domestic corporations having an option to convert into common
stock issued by a corporation organized under the laws of the
United States, any state or organized territory of the United States
or any state or organized territory of the United States and the
District of Columbia.
8. Index funds and collective investment funds.
9. Foreign securities, not to exceed ten (10%) percent of the portfolio
at cost.
10. Any other investment permitted by law.
D.
The Board may determine the percentage of each type of investment to be
held.
E.
The Board shall be authorized to retain one of more money managers for
the management of property held in the Plan, and the Board shall convey
property of the Plan to such money managers for investment and
reinvestment in accordance with the terms of this Ordinance and the
investment policies established by the Board. Any such money manager
13
contracting with the Board for the investment of its assets shall be deemed
a fiduciary of the Plan.
F. The Board shall have a continuing duty to observe and evaluate the
performance of any money manager retained by the Board. The Board
shall, in selecting a money manager or other investment counsel, exercise
all judgement and care in the circumstances then prevailing which persons
of prudence, discretion and intelligence exercise in the management of
their own affairs.
G. The Board shall require that any money manager or other agent who has
custody or control of any property of the Plan to keep accurate and
detailed accounts of all investments, receipts, disbursements and other
transactions pertaining to such Trust property, and the Board shall further
require that all accounts, books and records pertaining thereto be open for
inspecting and audit at all reasonable times by the City, the Board or the
designees.
H. The Board shall also keep accurate and detailed accounts of all
investments, receipts, disbursements or other transactions pertaining to
the Trust property and all accounts, books and records pertaining thereto
shall be open to inspection and audit at all reasonable times by the City or
its designees.
SECTION . SERVICE RETIREMENT BENEFIT.
A. A member may retire on the first day of the month coincident with or next
following the earlier of: the date upon which the member completes
twenty-five (25) years of credited service, regardless of age; or the date
upon which the member attains age fifty-five (55) with ten (10) years of
credited service. There shall be no mandatory retirement age.
B. A normal retirement benefit shall be determined by multiplying three (3%)
percent of final monthly compensation by the number of years of credited
service to a maximum of eighty percent (80%) for the first forty (40) years
of service. For all subsequent years of service, the normal retirement
benefit shall be determined by multiplying two (2%) percent of final monthly
compensation by each year in excess of forty (40) years of service.
C. A service retirement benefit shall be payable on the first day of each
month. The benefit shall commence on the first day of the month
coincident with or next following the member's actual retirement and shall
14
continue until the death of the member. In the event that a member shall
retire in the middle of the month, the retirement benefit shall commence on
the first day of the following month, but the member shall receive credit for
the partial month preceding the actual date that payment commenced.
E.
Early retirement shall be available to a member on the first day of the
month coincident with or next following attainment of age forty-five (45) and
a completion of ten (10) years of credited service.
A member electing early retirement may receive either a deferred payment
or an immediate payment under the following formula:
D.
1. A deferred payment shall commence on the normal retirement date
of the member. This shall mean the date upon which the member
attains age fifty-five (55) with ten (10) years of credited service. A
deferred payment shall be determined in the same manner as a
normal retirement, except that final monthly compensation and
credited service shall be based upon the early retirement date.
2. An immediate retirement benefit may commence on the first day of
the month coincident with or next following the date of early
retirement. The benefit shall be determined for normal retirement
and then actuarially reduced for the number of actual years and
months at which the starting date of the benefit precedes the normal
retirement date. The normal retirement date shall be the date upon
which the member would have attained age fifty-five (55) with ten
(10) years of credited service. The actuarial reduction factor applied
to the benefit shall be three (3%) percent for each year by which the
starting date of the benefit precedes the normal retirement date.
F. The payment of the early retirement income shall be subject to the same
conditions as normal retirement income.
G. In the event a member elects early retirement, the benefit formula in effect
on the early retirement date shall be applicable to the member.
H. A member entitled to a normal or early service retirement benefit shall
have the right at any time prior to the date upon which the first payment is
received to elect to have the benefit payable under one of the options
provided in this Plan. A member shall be permitted to revoke any such
election and to elect a new option at any time prior to the receipt of the first
payment. Each retirement option shall be the actuarial equivalent of the
other retirement options available. Election of the retirement option shall
be on a form prescribed by the Board.
15
1. Life Annuity.
A member may elect to receive an enhanced annuity payable for
life. There shall be no guaranteed payment in excess of the
accumulated contributions of the member, which contributions shall
be paid to the member's estate or designated beneficiary should the
member die prior to receiving payments equal to said contributions.
2. Joint and Last Survivor Option.
A member may elect to receive an actuarially reduced benefit for life
and to have the benefit (or a designated fraction of the benefit)
continued after the member's death and during the lifetime of a
designated survivor. A designated survivor may be any natural
person, but need not be the spouse of the member. In the event
that the designated survivor dies, or in the case of a spouse, the
marriage is dissolved, before the member's benefit payments begin,
this option shall be canceled automatically and a retirement income
shall be payable to the member as if the election had never been
made. A member may, at that time, elect an unreduced life annuity
or a ten (10) year certain and life thereafter benefit.
3. Ten (10) Year Certain and Life Thereafter.
A member may elect to receive an unreduced life annuity with one
hundred twenty (120) guaranteed payments. If the member shall
die prior to receiving one hundred twenty (120) payments, the
remaining benefits shall be paid to the beneficiary designated by the
member. In the event that no beneficiary has been designated, the
member's estate shall be the recipient of the remaining balance of
payments. This shall be the normal form of retirement.
4. Other Options.
16
The Retirees may, by uniform rule, establish any other optional form
of payment, which is the actuarial equivalent of any other form of
retirement provided for in this Plan, or which optional form of
payment is cost neutral to the Plan. An interest only option or an
option providing guaranteed payments over a period in excess of
twenty (20) years or beyond age eighty-five (85) may not be offered.
The Board, in its sole discretion, may make a lump sum distribution
which is the actuarial equivalent of the monthly benefit if the lump
sum is not greater than $1,750.
5.
Designated Beneficiary.
Upon failure of a member to designate a beneficiary, any monies
owed to the member shall be paid to the member's estate. Any
member may designate a choice of one or more persons, named
sequentially or jointly, as his or her beneficiary or beneficiaries.
SECTION_, BUY-BACK FOR MILITARY SERVICE.
A. Any member of the Plan who is employed by the City prior to entry into
military service and who takes a leave of absence for the purpose of
entering into military service in the Armed Forces of the United States and
thereafter re-enters the employ of the City, and is vested, shall be entitled
to purchase service credits for the period of absence by contributing the
actuarial cost of the benefit which would have been earned had the
member continued in City employment for the period of military service
based on the salary in effect on the date of the leave of absence, for each
year being purchased; except to the extant that state or federal law shall
require the provision of service credit without a member contribution.
There shall be no credit for military service prior to City employment as a
police officer.
B. A member who is receiving, or will receive the pension benefit for military
service in any other pension plan supported by public funds, excluding a
military pension, may not use that service for this pension plan. A member
who is receiving, or will receive any other pension in which time served in
the military was used by the employee in that other pension plan shall not
be eligible for military buy-back as provided in this section.
C. The contribution for military buy-back required of the employee may be
made in one lump sum or may be made by payroll deductions in
installments for a period of time which shall not exceed the number of
17
years being purchased. An employee making installment payments shall
complete all required payments prior to payment of any benefit under this
section. If installment payments are not completed at the time an
employee retires, the employee shall not receive military credit for the
remaining period for which payments were not made. An employee
making installment payments shall pay interest at a uniform rate as
determined by the Board.
SECTION . DISABILITY.
A. A member shall be disabled under the terms of the Plan if the member has
suffered an illness, injury or disease which renders the member
permanently and totally incapacitated, physically or mentally, from regular
and continuous duty as police officer. Disability shall not be determined
based solely on the fact that a member cannot perform all of the duties of a
police officer as set forth in the job description. The definition of disability
shall be applied to an individual who because of illness, injury, or disease,
cannot perform any job in the police department which is within the
member's physical or mental capabilities and further provided that a
vacancy exists which will be made available by the City. The City shall be
required to accommodate disabled workers in accordance with state and
federal law and shall not withhold assignment to vacant positions on the
basis that a member is not capable of performing all of the tasks of a police
officer. A disability benefit cannot be based on a condition which pre-
existed membership in the Plan unless the cause of the disability would
reasonably be expected to give rise to a disability in a person without the
pre-existing condition.
B. A member shall be eligible for a service-incurred disability retirement from
the entry date into the Plan. A service-incurred disability retirement shall
mean that the disability arose as a result of an act occurring, or presumed
by law to have occurred, in the performance of service with the City.
C. A member shall be eligible for a non-service incurred disability retirement
upon the completion of ten (10) years of credited service. A non-service
incurred disability shall be an illness, injury, or disease, which did not occur
as a result of an act in the performance of service with the City.
D. The service-incurred disability benefit shall be paid in equal monthly
installments in an amount equal to the member's accrued benefit, but not
less than forty-two (42%) percent of the member's final monthly
compensation as of the date of disability retirement. This benefit shall be
in addition to any short or long term disability benefit provided by the City;
18
but, shall be subject to offset for workers' compensation paid by the City as
permitted by law.
E. The non-service incurred disability benefit shall be paid on a monthly basis
in an amount equal to three (3%) percent of final monthly compensation
multiplied by the number of years of credited service, but shall not be less
than thirty (30%) percent of average monthly compensation. For the
purposes of a non-service incurred disability benefit, final monthly
compensation shall be determined as of the last day the member was
actively at work for the City.
F. Disability benefits shall be paid on the first day of each month. No benefit
shall be paid until the Board of Trustees has actually considered and voted
upon entitlement to disability.
G. Disability retirement income shall continue until the death of the member,
or recovery from disability and return to active police service. In the event
of the death of a member who is retired on a disability benefit and has not
received one hundred twenty (120) payments, the remaining unpaid
benefits shall be paid to a designated beneficiary selected by the member
and communicated to the Board on the form prescribed by the Board. In
the event that there is no designated beneficiary, the remaining unpaid
benefits shall be paid to the estate of the deceased member.
H. The Board of Trustees shall have the continuing right to require disabled
members to submit to a medical examination to determine that the member
remains disabled. In order for a member to be deemed recovered, the
medical board must recommend to the Board of Trustees that the member
has sufficiently recovered to again engage in the duties of a police officer
and that the City has certified that it has a position within the police
department available for the member consistent with the member's medical
condition. The decision by the Board to examine some but not all disability
retirees shall not be deemed an abuse of the Board's discretion.
I. Upon finding that a member is no longer disabled, the member shall return
to work at the same rank and position previously occupied and shall be
placed into the appropriate pay rate based on cost of living (COLA)and
merit increases which the member would have received but for the
disability, as determined by the City Manager. The member shall again
become an active member of the Plan if reemployment is accepted. There
shall be no creditable service for any period of time in which the member
was receiving disability benefits from the Plan. If the member declines
19
reemployment with the City, the member shall be deemed to have
terminated employment on the date that the disability commenced. In such
event, the member may receive a return of contributions unless, prior to
that date, the member has received disability benefits equal to or greater
than the amount of the accumulated contributions. If the member declines
re-employment within the City, the member shall be deemed to have
terminated employment on the date that the disability benefit commenced.
J.
No member shall be eligible to receive disability benefits from the
retirement plan during any period of time that the member is receiving a
salary from the City. This section shall not apply to the receipt of worker's
compensation benefits.
K.
Application for disability retirement shall be made on a form prescribed by
the Board of Trustees. The member shall execute such medical releases
as are necessary to permit the Board of Trustees to review the medical
records needed to determine the question of disability and to discuss said
records at a public meeting. Upon receipt of an application for disability,
the Board shall appoint a medical committee to be composed of not less
than one nor more than three licensed physicians. The applicant for
disability shall be required to submit to examination by the medical
committee. The medical committee shall report its findings to the Board of
the Trustees which shall include a determination, to the extent reasonably
possible, the origin of the disability, whether the disability is permanent,
and whether the disability is total. In making that determination, the
medical committee shall be bound by the definition of disability set forth in
this Plan.
L.
Upon receipt of the report of the medical committee, the Trustees shall
schedule a public hearing at which time the Board shall review all reports
of the medical committee, together with any such documentary evidence
as the applicant may wish to submit. The Board shall conduct a
preliminary determination as to whether the member is permanently and
totally disabled based upon the written documentation presented. If the
Board does not grant the application based on the written documentation, it
shall inform the member in writing of the reasons for the denial of the
application. The member may, within thirty (30) days of receipt of the
Board's preliminary denial, request a full evidentiary hearing before the
Board. Said hearing will be conducted consistent with the principles of due
process and the rules of evidence generally applicable to administrative
proceedings shall apply. The Board shall have the power to issue
subpoenas compelling the attendance of witnesses. At said hearing the
applicant may present such oral and written evidence as the applicant
20
deems necessary to establish its burden of proof. The Board may appoint
special counsel as an advocate to cross-examine witnesses and to offer
argument in opposition to the application. The attorney for the Board shall
not serve both as advocate and as advisor to the Board in the same
proceeding. The applicant and the Board shall have the right to examine
and cross-examine all witnesses. The decision of the Board shall be
based solely upon the evidence presented and the law applicable to this
Plan. Following the conclusion of the hearing, the Board shall render an
opinion in writing setting forth the reasons for the grant or denial of the
benefit. In the event that the disability benefit is denied, the applicant shall
have the right to judicial review by complaint for common law certiorari in
the Circuit Court of Broward County.
M. The Board of Trustees may prescribe rules of procedure to implement the
provisions of this Plan relating to the conduct of disability hearings.
N. No member shall be granted a disability pension upon a determination by
the Board that the disability resulted from:
1. Excessive and habitual use of drugs, intoxicants or narcotics;
2. Injury or disease sustained while wilfully and illegally participating in
fights, riots, civil insurrections or while committing a crime;
3. Injury or disease arising from service in the armed forces;
4. Injury or disease sustained after employment as a police officer has
ended;
5. Any occurrence arising from compensable employment unrelated to
regular City employment.
SECTION _' VESTING AND TERMINATION.
A.
Except as otherwise provided in this section, all rights to benefits under this
Plan shall terminate when a member's employment terminates for any
reason other than normal service retirement, early service retirement, or
disability retirement. Any member who completes ten (10) years of
credited service and whose contributions remain in the Plan has a vested
right to accrued benefits from the Plan. No member who has completed
less than ten (10) years of credited service shall have a vested interest in
any accrued benefit.
21
B.
A member who shall leave the service of the City prior to eligibility for
normal service retirement or early service retirement, but who has
completed ten (10) years of creditable service shall be entitled to receive
retirement benefits commencing at the regular normal service retirement
date. Such benefits will be based on final monthly compensation and
credited service as of the date of termination.
C.
Every member shall have the right to elect to receive, in lieu of all benefits
under the Plan, a return of the member's accumulated contributions, with
simple interest at the rate of three percent (3%).
D.
A member who elects a lump sum return of contributions releases and
discharges the City and the Retirement Plan from the right to any other
benefits from the Plan. A member who terminates service prior to
achieving a vested interest in the Plan shall have the right to receive a
refund of accumulated employee contributions, with simple interest at the
rate ofthree (3%) percent.
E.
If a member who has terminated service prior to retirement re-enters the
police department, the member will be entitled to reinstate the credited
service that the member had on the date of termination in lieu of the
benefits to which the member became entitled at time of separation. If, at
the time of separation, the member withdrew the member's accumulated
contributions, credited service can only be restored by repaying to the
pension plan an amount equal to the accumulated contributions plus
interest at the assumed rate of investment return from the date the
contributions were withdrawn.
SECTION _' DEATH BENEFITS.
A.
In the event of a member's death in the line of duty, the benefit, which shall
be payable commencing on the first day of the month coincident with or
next following the death of the member, shall be the greater of thirty (30%)
percent of the member's compensation at the time of death or the
member's accrued benefit.
B.
In the event of the death of a member from non-duty related causes prior
to the time of eligibility for early or normal retirement, the member's
designated benefiCiary shall be paid from the Fund an amount equal to the
member's accumulated contributions. In the event of the death of a
member who has completed ten (10) or more years of credited service,
the member's designated beneficiaries shall be entitled to the benefits
otherwise payable at the early or normal retirement date.
22
C. In the event of the death of a retiree, death benefits, if any, shall be paid in
accordance with the optional form of benefit chosen at the time of
retirement.
SECTION . COMPLIANCE WITH THE INTERNAL REVENUE CODE.
A. It is the intention of the City and of the Board that the Plan remain at all
times a qualified plan, as that term is defined under the Internal Revenue
Code.
B. No member's annual benefit shall exceed the amounts permitted in Section
415 of the Internal Revenue Code.
C. In no event may a member's retirement benefit be delayed beyond the
later of April 1st following the calendar year in which the member attains
age seventy and one-half (70-1/2), or such later date as may be set by
terms of the Internal Revenue Code. or April 1st of the year following the
calendar year in which the member retires.
When a distribution of the participant's entire interest is not made in a lump
sum, the distribution will be made in or more of the following ways: over
the life of the participant; over the life of the participant and designated
beneficiary; over a period certain not extending beyond the life expectancy
of the participant; or over a period certain not extending beyond the joint
life and last survivor expectancy of the participant and a designated
beneficiary.
D. If the distribution has commenced before the participant's death, the
remaining interest will be distributed at least as rapidly as under the
method of distribution being used as of the date of the participant's death.
The method of distribution, if the participant dies before distribution is
commenced, must satisfy the following requirements:
1. Any remaining portion of the participant's interest that is not payable
to a beneficiary designated by the participant will be distributed
within five (5) years after the participant's death;
2. Any portion of the participant's interest that is payable to a
beneficiary designated by the participant will be distributed either:
(I) within five (5) years after the participant's death; or (ii) over the
23
life of the beneficiary, or over a period certain not extending beyond
the life expectancy of the beneficiary, commencing not later than the
end of the calendar year following the calendar year in which the
participant died (or, if a designated beneficiary is the participant's
surviving spouse, commencing not later than the end of the
calendar year following the calendar year in which the participant
would have attained age seventy and one-half (70-1/2)).
E.
Direct transfers of eligible distributions shall be made as follows:
1 . General.
Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a distributee's election under this subsection, a
distributee may elect, at the time and in the manner prescribed by
the Board, to have any portion of an eligible rollover distribution
made directly to an eligible retirement plan specified by the
distributee in a direct rollover.
2. Definitions.
(a) Eligible Rollover Distribution. An Eligible Rollover Distribution
is any distribution of all or any portion of the balance to the
credit of a distributee, except that an eligible rollover
distribution does not include: any distribution that is one (1)
of a series of a substantially equal periodic payments (not
less frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint life
expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10)
years or more; any distribution to the extent such distribution
is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable
in gross income.
(b) Eligible Retirement Plan. An Eligible Retirement Plan is an
individual retirement account described in Section 408(a) of
the Internal Revenue Code, an Individual Retirement Annuity
described in Section 408(b) of the Internal Revenue Code, an
Annuity Plan described in Section 403(a) of the Internal
Revenue Code, a plan described in Section 457 of the
Internal revenue Code, or a Qualified Trust described in
Section 401(a) of the Internal Revenue Code that accepts a
24
distributee's eligible rollover distribution. However, in the
case of an eligible rollover distribution to a surviving spouse,
an eligible retirement plan is an individual retirement account
or individual retirement annuity.
(c) Distributee. A Distributee includes an employee or former
employee. In addition, the employee's or former employee's
surviving spouse is a distributee with regard to the interest of
the spouse.
(d) Direct Rollover. A Direct Rollover is a payment by the Plan to
the eligible retirement plan specified by the distributee.
SECTION AMENDMENT OR TERMINATION OF THE SYSTEM.
A. It is the intention of the City and the Board that this pension plan shall
constitute an irrevocable trust and no portion of the assets may revert to
the employer until all other obligations of the Plan, including the payment to
the last surviving member and beneficiary has been paid. No amendment
shall result in members receiving lower benefits than those in effect on the
date the member commenced service with the City.
B. In the event of termination or partial termination of the Plan, each
participant's accrued pension benefit shall become nonforfeitable (100
percent vested) to the extent funded. At such time, the funds shall be
appropriated and distributed in accordance with the provisions of Chapter
185.
In the event that the Plan is terminated, the assets of the Plan shall first be
distributed to retired members and their beneficiaries. If there is any asset
value remaining after the apportionment to retired members and their
beneficiaries, apportionment shall next be made to each member in the
service who has completed at least ten (10) years of credited service and
has contributed to the fund for at least ten (10) years and who is not
otherwise eligible to retire. If there is any asset value after the
apportionments to retirees and their beneficiaries and to vested members
of the Plan, apportionment shall lastly be made in respect of each member
in the service of the City in an amount not to exceed the total value of the
member's contributions. In the event that there is any asset value
remaining after full apportionment to all members and beneficiaries of the
Plan, the excess, if any, shall revert proportionately to the City and the
State of Florida on the basis of contributions to the Plan.
25
SECTION . DISTRIBUTION OF MARITAL INTERESTS IN THE PLAN.
A. In the event that the Board is served with a domestic relations order or
other legal process purporting to require the payment of any portion of a
member's benefit to another person as a result of a dissolution of marriage,
the Board shall cause such order to be reviewed to determine compliance
with the provisions of the Plan.
B. The Board of Trustees shall be authorized to intervene in any such
dissolution of marriage proceeding to ensure that such domestic relations
order is otherwise consistent with the distribution of an interest in a public
employees retirement plan under state law.
c.
c.
Any cost associated with the modification or correction of such
domestic relations orders shall be the responsibility of the Plan member
and payment of any such cost shall be a condition precedent to the receipt
of benefits from the plan.
SECTION . MISCELLANEOUS.
A. The present or future right of a person to money in the Pension Fund or to
a retirement allowance, an optional allowance, a death benefit, the retum
of contributions, or any other right accrued or accruing under the provisions
of this Plan shall not be assignable and shall not be subject to execution,
garnishment, attachment. the operation of bankruptcy or insolvency law or
any other process of law whatsoever, except with respect to alimony, child
support or medical payments to a former spouse or minor child.
B. The Board shall have the power to examine into the facts upon which any
pension has been granted under any prior or existing law or which may be
granted in the future or obtained erroneously, fraudulently, or illegally for
any reason. The Board is empowered to purge the pension rolls of any
person who has been granted a pension under a prior or existing law, or
who is hereafter granted a benefit under this ordinance if the granting of
that pension is found to be erroneous, fraudulent, or illegal for any reason;
and to reclassify any pensioner who has under any prior or existing law or
who may under this Ordinance be erroneously, improperly or illegally
classified.
C. Should any change or error in retirement system records be discovered or
result in any member or beneficiary receiving from the Retirement Plan
more or less than he or she would have been entitled to receive had the
26
records been correct, the Board shall have the power to correct such error
and, as far as possible, adjust the payments in such a manner that the
actuarial equivalent of a benefit to which such member or beneficiary was
correctly entitled shall be paid.
D. If any member or beneficiary is a minor or is under any other legal
disability, the Board of Trustees shall have the power to withhold payment
of benefits until the Board is presented with proof satisfactory to the Board
of the appointment of a guardian. If the Board becomes aware that any
member or beneficiary is incapable of personally receiving and giving a
valid receipt for any payment due under the Plan, the Board shall cause
notice to be given to that participant or beneficiary of a hearing to
determine whether said benefits should continue to be paid until the
appointment of a guardian. During the pendency of any such hearing,
however, the Board may continue to pay benefits to the member or
beneficiary and that such payment shall be a complete discharge of any
liability under the Plan for such payment.
E. Any person who willfully and knowingly makes, or causes to be made, or
assists, conspires with, urges another to make, or causes to be made, any
fraudulent, or misleading oral or written statement or withholds or conceals
material information to obtain any benefit available under this plan shall be
guilty of a misdemeanor of the first degree, punishable under sections
775.082 and 775.083, Florida Statutes. In addition to any applicable
criminal penalty, any beneficiary or participant in this plan who is convicted
of this offense may, in the discretion of the Board, be required to forfeit any
benefits payable under this plan. For the purposes of this section, the term
"conviction" shall mean a determination of guilt whether by plea or trial,
whether or not adjudication is withheld.
SECTIONS . RESERVED.
Section 2. The City contribution, effective October 1, 2003 shall be fourteen and
one-half (14.5%) percent of covered payroll. The employee contribution rate shall be six
and three tenths (6.3%) percent. The assumed rate of Chapter 185 insurance premium
tax rebates shall be five (5%) percent of covered payroll. Future contribution increases
27
or decreases in the plan shall be shared equally between the employees and the City
through September 30, 2005.
Section 3. Employees hired as a City of Aventura police officer prior to October 1,
2000 shall be eligible to receive credited service from the initial date of employment as a
police officer provided the member transfers all funds from the city 401 (a)plan to the
defined benefit plan effective October 1, 2003. The City shall make no further
contributions to the 401 (a) plan. Employees hired as a City of Aventura police officer
after October 1, 2000 shall receive credited service effective October 1, 2003 and shall
retain all balances to their credit in the 401 (a) plan; provided, however, that the City shall
make no further contributions to the 401(a) plan. Employees hired as a City of Aventura
Police Officer on or after October 1, 2000 shall continue to accrue vesting rights in the
401 (a), but the City shall make no additional contributions.
Section 4. Should this ordinance or any part thereof be declared invalid by a
Court of competent jurisdiction, the invalidity of any part of this ordinance shall not
otherwise affect the validity of the remaining provisions of this ordinance, which shall be
deemed to have been enacted without the invalid provision.
Section 5. It is the intention of the City Commission of the City of Aventura that
the provisions of this ordinance shall become and be made a part of the Code of the City
of Aventura, and that the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions.
Section 6. This ordinance shall become effective immediately upon its passage.
28
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on first reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
29
PASSED AND ADOPTED on second reading this 3rd day of February, 2004.
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
JEFFREY M. PERLOW, MAYOR
30
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission (ACES Board of D'
FROM: Eric M. Soroka, ICMA-CM, Cit
DATE: December 15, 2003
SUBJECT: Ordinance Amending 2003/04 Charter School Fund Budget
1st Reading January 6,2004 City Commission Meeting Agenda Item t]-a
2nd Reading February 4, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission, acting as the ACES Board of Directors,
approve the attached Ordinance amending the 2003/04 FY Charter School Budget.
BACKGROUND
The following budget amendments which total $87,604 are recommended in order to
address operational needs of the school. The additional revenues obtained through
fund raising activities will be allocated to specific enhancements outlined in the
expenditure section.
REVENUES
1. School Lunch Reimbursed - Free / Reduced - Increase by $50,000 to reflect
revenues to reimburse school for students qualifying for the free or reduced
lunch program.
2. Miscellaneous Revenues - Increase by $37,604 to reflect fund raising
activities.
EXPENDITURES
1. Contract - Food Services - Increase by $50,000 to reflect projected cost
reimbursement for free and reduced lunches.
2. Janitor Contract - Building Maintenance - Increase by a net $5,000. Deleted
private contract costs of janitor and added as a full-time City employee to
Memo to City Commission
Page 2
address operational needs of the school and additional costs associated with
floor maintenance.
3. Substitute Teachers - Increase by $1,804 to properly reflect part-time
substitute teachers as employees provided by Charter Schools USA rather
than professional contractual services.
4. Enhancements - Added five part-time paraprofessionals to assist each
kindergarten class teacher ($27,000) for the remainder of the school year and
purchased Accelerated Reader Program for all classes ($3,800).
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01274-03
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-06, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30)
BY REVISING THE 2003/2004 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura Charter Elementary School and upon the recommendations of the City
Manager (and the concurrence of the Finance Support Services Director as to
Accounting Principles), it is deemed necessary to adjust, amend and implement the
2003/2004 Operating and Capital Budget of the Aventura Charter Elementary School
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2003-06, which Ordinance adopted a budget for the 2003/2004 fiscal
year for the Aventura Charter Elementary School by revising the 2003/2004 budget as
Ordinance No. 2004-_
Page 2
set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference
as though set forth in full herein.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
. who moved
its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
2
Ordinance No. 2004-_
Page 3
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
PASSED AND ADOPTED on second reading this 3'd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
EXHIBIT A
Budget Amendments
CHARTER SCHOOL FUND 190
2003104 2003104 2003104
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
State Shared Revenues:
335905 Sch Lunch Reimb-Free/Reduced 50,000 50,000
SUBTOTAL 50,000 50,000
Misc. Revenues:
Misc. Revenues: 10,000 37,604 47,604
SUBTOTAL 10,000 37,604 47,604
Total Revenues 10,000 87,604 97,604
Total Amendments-Revenues $ . .."ifll.
Expenditures
K-3 Basic 5101
1240 Para-Professional - PIT(5) 27,000 27,000
5411 Textbooks 110,000 1,900 111,900
SUBTOTAL 110,000 28,900 138,900
4-8 Basic 5102
5411 Textbooks 116,000 1,900 117,900
SUBTOTAL 116,000 1,900 117,900
Substitute Teachers 5901
1220 Teacher- PIT 16,000 16,000
3190 Prof & Tech Services 14,196 (14,196)
SUBTOTAL 14,196 1,804 16,000
1260
3431
4620
Janitor
Contract-Food Services
Contract- Building maintenance
SUBTOTAL
Operation of Plant 7900
19,000
50,000
(14,000)
55,000
74,000
74,000
19,000
50,000
60,000
129,000
TOTAL
Total Amendments-Expenditures
$
87.104
EXHIBIT A
2003/04 Adopted 2003/04 Amended
Function Job Class Full Time Part Time Full Time Part Time
5101 Teacher 20.00 20.00
Para-Professionals 5.00
5102 Teacher 11.00 11.00
5250 Teacher 4.00 4.00
5901 Substitute Teacher 2.00 2.00
6200 Media Specialist 1.00 1.00
7300 Principal 1.00 1.00
Assistant Principal 1.00 1.00
Business Manager 1.00 1.00
Administrative Assistant 1.00 1.00
Receptionist 1.00 1.00
Registar/Compliance 1.00 1.00
Computer NetworkIT ech 1.00 1.00
7900 Cafeteria Manager 1.00 1.00
Janitor 1.00
9102 PIT Teacher 1.00 1.00
Site Coordinator 1.00 1.00
PIT After School Counselor I 4.00 4.00
PIT After School Counselor II 4.00 4.00
PIT School Aides 2.00 2.00
Total 47.00 11.00 48.00 16.00
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AIC
Planning Director
DATE: December 16, 2003
SUBJECT: Redevelopment of the City's "Hospital District"
Amendment to Official Zoning Map and Amendment to the Land
Development Regulations (02-REZ-03, 04-LDR-03)
January 6, 2004 City Commission Meeting Item No. g A "l- B
RECOMMENDATION:
It is recommended that the City Commission adopt the following, on second and final
reading:
1. An ordinance amending the Official Zoning Map of the City of Aventura for five (5)
parcels of land on the west side of Biscayne Boulevard from MO, Medical Office
District, to B 1, Neighborhood Business District.
2. An ordinance amending Section 31-144(f), MO District, to provide for revised
setbacks, lot coverage, open space and minimum lot size, additional conditional
uses, streetscape design standards and urban design standards for those lands
lying between NE 206 Street to the south, NE 209 Street to the north, NE 28
Avenue to the east and East Dixie Highway to the west.
BACKGROUND:
At the meeting of the Local Planning Agency and the City Commission meeting following
on November 20, 2003, the City Commission passed on first reading an ordinance to
rezone five parcels of land on the west side of Biscayne Boulevard from MO, Medical
Office District, to B1, Neighborhood Business District shown on the map attached as
Exhibit #1 and also, passed on first reading an ordinance to amend the Land Development
Regulations to provide for reduced setbacks, lot coverage, open space and minimum lot
size, additional conditional uses, streetscape and urban design standards for those
properties in the south portion of the MO. Medical Office District. The lands subject to the
land development regulations amendment lie between NE 206 Street to the south, NE 209
Street to the north, NE 28 Avenue to the east and East Dixie Highway to the west and are
shown on the map attached as Exhibit #2.
Following testimony from landowners within the northern portion of the "Hospital District",
the proposed ordinance to amend the comprehensive plan from Business and Office to
Medium High Density Residential and proposed ordinance to amend the Official Zoning
Map from MO to 81 affecting lands in the north portion of the Medical Office District were
not passed by the City Commission. At the request of the landowners present at the
November 20, 2003 meeting and following discussion by the City Commission, the lands in
the north portion of the Hospital District, being those lands lying north of the existing
Aventura Hospital campus and between Biscayne Boulevard to the east and East Dixie
Highway to the west, will remain as existing, with a Business and Office land use
designation and the MO, Medical Office District zoning and no change to the existing MO
zone uses and other specifications.
The proposed streetscape design standards referred to in the ordinance amending the
land development regulations are attached. These design standards provides that each
applicant for a development permit shall construct the streetscape across the entire street
frontage{s) of its parcel and includes street trees, street furniture and streetlighting for the
typical fifty foot roadway section in the south part of the Hospital District. The typical
section meets the requirements for emergency vehicle access. The ordinance provides
that the streetscape improvements may be counted towards the open space requirements,
provided they are constructed in compliance with the design standards.
2
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THE PROMENADE SHOPf
EXHIBIT #2
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA FOR FIVE (5) PARCELS OF LAND ON
THE WEST SIDE OF BISCAYNE BOULEVARD FROM MO,
MEDICAL OFFICE DISTRICT TO B1, NEIGHBORHOOD
BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for five (5) parcels of land
located on the west side of Biscayne Boulevard (more particularly described in Exhibit
"A" attached hereto) from MO, Medical Office District to B1, Neighborhood Business
District; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, sitting as the Local Planning Agency for the
City, has reviewed the action set forth in this Ordinance and has determined that such
action is consistent with the Comprehensive Plan and intended use of the land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for five (5) parcels of land located on the
west side of Biscayne Boulevard from MO, Medical Office District to B1, Neighborhood
Business District (see Exhibit "A" for map, folio numbers and legal descriptions).
Section 2. 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
Ordinance No. 2004-
Page 2
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.
Section3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
absent
yes
yes
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 Manny Grossman
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Ordinance No. 2004-
Page 3
PASSED on first reading this 20th day of November, 2003.
PASSED AND ADOPTED on second reading this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2004.
CITY CLERK
EXHIBIT A
to Ordinance No. 2004-
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ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-144(f), MO DISTRICT, TO
PROVIDE FOR REVISED SETBACKS, LOT COVERAGE,
OPEN SPACE AND MINIMUM LOT SIZE, ADDITIONAL
CONDITIONAL USES, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS FOR
THOSE LANDS LYING BETWEEN NE 206 STREET TO
THE SOUTH, NE 209 STREET TO THE NORTH, NE 28
AVENUE TO THE EAST AND EAST DIXIE HIGHWAY TO
THE WEST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide revised site development standards, design
standards and additional conditional uses for redevelopment of the south portion of the
City's "Hospital District" ; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
Ordinance No. 2004 -
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That Section 31-144(f) of the City's Land Development Regulations
are hereby amended so as to provide for additional conditional uses, revised minimum
lot size, lot coverage, open space and yard setbacks, streetscape design standards and
urban design standards, for those properties lying between NE 206 Street to the south,
NE 209 Street to the north, NE 28 Avenue to the east and East Dixie Highway to the
west, as follows 1:
Sec. 31-144(f) Medical Office (MO) District
(2) Conditional use.
1. For those properties Ivina between NE 206 Street to the south. NE 209
Street to the north. NE 28 Avenue to the east and East Dixie Hiahwav
to the west. the followina additional uses mav be permitted if first
approved as a conditional use:
a. Uses that exceed the maximum floor area ratio.
b. Uses that do not meet the open space requirements of this district.
upon pavment of a fee-in-Iieu of open space to be used for public
park improvements. The amount of such fee shall be determined
bv the City Manaaer based on the appraised value of the land and
the amount of reduction in open space reauested, provided.
however, that the amount of open space shall not be reduced
below fifteen percent of the total lot area and that the development
complies with the Streetscape Desian Standards of this section.
(4)a. Minimum lot area and width.
The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5
acres including right-of-way dedications. For those properties Ivina between NE 206
Street to the south, NE 209 Street to the north. NE 28 Avenue to the east and East
Dixie Hiahway to the west. the followina standard shall apolv: The minimum frontaae
requirement shall be 100 feet with a minimum lot area of 0.5 acres.
(4)c. Setbacks:
1 Underlined provisions constitute proposed additions to existing text; slriGkBA lhrBllllA provisions indicate
proposed deletions from existing text.
Ordinance No. 2004 -
Page 3
No parking areas shall be located within 30 feet of any residentially zoned property or
within ten feet of any street line. For purposes of this paragraph C., structure parking
incorporated within the building envelope shall count towards the number of stories.
4. For those properties Ivina between NE 206 Street to the south. NE 209 Street to
the north. NE 28 Avenue to the east and East Dixie Hiahwav to the west. the followina
standards shall applv:
a. No parkina areas shall be located within 30 feet of anv residentially zoned
property or within ten feet of anv street line
b. Minimum front vard setback shall be 10 feet in depth for the first two stories of
the structure and 15 feet in depth for anv additional stories.
c. Minimum street side vard setback shall be 10 feet in depth for the first two
stories and 15 feet for additional stories.
d. Minimum rear vard setback shall be 10 feet in depth. except that the minimum
vard setback from Biscavne Boulevard in this district shall be 25 feet in depth.
(4)d. Floor Area Ratio, Lot Coverage and Minimum Landscaped Open Space
Requirements:
For purposes of this paragraph e g., structure parking shall not count as part of the
floor area, but may be counted towards calculation of the floor area ratio.
5. For those properties Ivina between NE 206 Street to the south, NE 209 Street to
the north. NE 28 Avenue to the east and East Dixie Hiahwav to the west. the followina
standards shall applv: The maximum floor area ratio shall be 0.40 at one stOry and
shall be increased bv 0.11 for each additional storv. The total lot coveraae permitted
for all buildinas on the site shall not exceed 40 percent of the total lot area. The
minimum landscaped ooen space reauired shall be 33 percent of the total lot area.
(7) StreetscaDe Desian Standards
For those properties Ivina between NE 206 Street to the south, NE 209 Street to
the north. NE 28 Avenue to the east and East Dixie Hiahwav to the west. each
applicant for a development permit under this section shall construct the
streetscape across the entire street frontaae(s) of its parcel in accordance with
the "Hospital District Streetscape Oesian Standards" as provided by the City
Manaaer. Streetscape improvements shall be counted towards open space
reauirements. provided that the imorovements complv with the desian standards
of this section.
(81 Urban Desian Standards
Ordinance No. 2004 -
Page 4
For those orooerties lyinQ between NE 206 Street to the south. NE 209 Street to
the north. NE 28 Avenue to the east and East Dixie Hiahwav to the west. the
followina concepts shall quide development in this district. in addition to other
applicable architectural desian standards found in these Land Development
Reaulations:
a.Urban Desian Features. includina, but not limited to. connected
pedestrian walkwavs, surface parkina areas in the rear of princioal
buildinas, buildina orientation to the front street. use of awninas and
canopies, chanaes in massino in the buildina form. includina. but not
limited to. facades and rooflines.
b.Exterior colors used shall be Iiaht earth tone schemes or other color
palette that mav be approved bv the Citv Commission.
Section 5. 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 6. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2004 -
Page 5
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Robert Diamond
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
absent
yes
yes
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 Robert Diamond
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED on first reading this 20th day of November, 2003.
Ordinance No. 2004 -
Page 6
PASSED AND ADOPTED on second reading this 6th day of January, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of January, 2004.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
City commissi~n
Eric M. Soroka, -CM
City Manager
BY:
Joanne Carr, AIC
Planning Director
DATE:
December 16, 2003
SUBJECT:
Proposed Revisions to Development Review, Planning and Zoning
Application Fee Schedule
January 6, 2004 City Commission Meeting Agenda Item Q
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution revising the
development review, planning and zoning application fee schedule.
BACKGROUND
The fee schedule for development review and planning and zoning applications was
established by Resolution No. 97-35 passed on May 20, 1997 and is attached as
Exhibit #1. The authority to establish the schedule was given under Ordinance No. 96-
22 passed on October 2, 1996.
The schedule was subsequently revised by Resolution No. 98-05 passed on January 6,
1998. The site plan fee was amended to recover additional costs for engineering plan
review and landscape plan review by the City's consultants. The fee schedule
established under Resolution No. 98-05 is attached as Exhibit #2.
The revisions recommended by the attached Resolution are to reflect the current
development, planning and zoning applications set out in the City's land Development
Regulations enacted after the 1998 amendment to the fee schedule. The proposed
amendments, attached as Exhibit #3, are as follows:
1. There are no non-use variance, unusual use, special exception, concurrency
review or substantial compliance determination applications or reviews under the
City Code. These items have been deleted from the fee schedule.
2. The application title "Zoning/Rezoning/Use Variance" has been retitled
"Amendments to the Official Zoning Map" and "Variance" to reflect the titles of
applications in the Land Development Regulations. The fee for these
applications remains the same as existing at $850.00.
3. "Modification to Resolutions" has been added to the existing "Modification of
Restrictive Covenants". The fee for these applications remains the same as
existing at $850.00.
4. "Site Plan Revision" has been added in place of "Substantial Compliance
Determination". The fee for these applications remains the same at 50% of the
site plan review fee.
5. "Temporary Use Approval" has been added with a fee of $500.00.
6. Section 2. of the fee schedule has been amended to provide that in the event
that publication, notice and mailing charges for an application exceed the sum of
$650.00 to be paid on submission of the application, the applicant will be
responsible to pay to the City the full cost of such charges.
2
EXHIBIT #1
1997 Fee Schedule
Development Review, Planning
Zoning A~plication Fee Schedule
and
1. Application Fees
All application fees shall be paid, in total, at the time of the application. A refund
of fifty (50%) of an original application fee may be refunded upon withdrawal of
an application when the written request for withdrawal is received within 60 days
of the date of application. Each individual action shall be submitted with an
application fee.
Action:
I Non-Use Variance
I Unusual Use
I Special Exception
I Zoning/Rezoning/Use Variance
$800.00 I
$850.00 I
$850.00 I
$850.00 I
Sign Variance
For signs in existence prior to June 3, 1997
All other signs
$350.00
750.00
$850.00 I
$850.00 I
I Conditional Approval
I Land Development Code Amendment
Abandonment/Dedication of Easement or Right-of-
Way
$850.00
$1500.00 I
$500.00 I
I Comprehensive Plan Amendments
I Concurrency Review
Modification of Restrictive Covenants $850.00
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
Plats
T entativeNVaiver
$600 plus $1/unit residential
or $25/acre non-residential
Final
$1200 plus $1/unit residential
or $25/acre non-residential
Site Plans
Residential
$1,625 plus $2/unit residential
Non-Residential
$1,725 plus $2/100 sq. ft. gross
building area
Substantial Compliance Determination
50% of Site Plan review
fee
2. Advertislna Costs
In addition to the fee schedule outlined in 1 above any application reqUlnng
public notice in a newspaper shall pay an additional $650.00. All applications
requiring public notice shall provide the Community Development Department
with self adhesive labels containing the names, addresses of all property owners
as required by Ordinance.
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
EXHIBIT #2
1998 Fee Schedule
Development Review, Planning
Zoning Application Fee Schedule
and
1. Aoolication Fees
All application fees shall be paid, in total, at the time of the application. A refund
of fifty (50%) of an original application fee may be refunded upon withdrawal of
an application when the written request for withdrawal is received within 60 days
of the date of application. Each individual action shall be submitted with an
application fee.
Action:
I Non-Use Variance
I Unusual Use
1 Special Exception
I Zoning/Rezoning/Use Variance
$800.00 I
$850.00 I
$850.00 I
$850.00 I
Sign Variance
For signs in existence prior to June 3, 1997
All other signs
$350.00
750.00
I Conditional Approval
I Land Development Code Amendment
$850.00 I
$850.00 I
AbandonmenUDedication of Easement or Right-of-
Way
$850.00
I Comprehensive Plan Amendments
I Concurrency Review
$1500.00 I
$500.00 I
Modification of Restrictive Covenants
$850.00
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
Plats
T entativeNVaiver
$600 plus $1/unit residential
or $25/acre non-residential
Final
$1200 plus $1/unit residential
or $25/acre non-residential
Site Plans
Residential
$2,325 plus $2/unit residential
Non-Residential
$2,425 plus $2/100 sq. ft. gross
building area
Substantial Compliance Determination
50% of Site Plan review
fee
2. Advertisina Costs
In addition to the fee schedule outlined in 1 above any application reqUiring
public notice in a newspaper shall pay an additional $650.00. All applications
requiring public notice shall provide the Community Development Department
with self adhesive labels containing the names, addresses of all property owners
as required by Ordinance.
Revised January 1998
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
EXHIBIT #3
Proposed 2004 Fee Schedule
Development Review, Planning and Zoning
Application Fee Schedule
1. Application Fees
All application fees shall be paid, in total, at the time of application. A refund of
fifty (50%) of an original application fee may be refunded upon withdrawal of an
application when the written request for withdrawal is received within 60 days of
the date of the application. Each individual action shall be submitted with an
application fee.
Action:
Amendments to Official Zoning
Ma
$850.00
I Variance
$850.00
Sign Variance
For signs in existence prior to
June 3, 1997
All other sians
$350.00
$750.00
I Conditional Use Approval
Land Development Code
Amendment
$850.00
$850.00
$850.00
I Comprehensive Plan Amendment I $1500.00
Modification of Restrictive
Covenants and Modification of
Resolution
$850.00
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
Plats:
Tentative Plat
$600. plus
$1/unit
residential or
$25/acre non-
residential
Final Plat
$1200. plus
$1/unit
residential or
$25/acre non-
residential
Site Plans:
Residential
$2325. plus
$2/unit
residential
Non-Residential
$2425. plus
$2/100 sq.ft.
gross building
area
Site Plan Revision
50% of site plan
review fee
I Temporary Use Approval
I $500.00
2. Advertisina Costs
In addition to the fee schedule outlined in 1. above, any application requiring
public notice in the newspaper shall pay an additional sum of $650.00. All
applications requiring public notice shall provide the Community Development
Department with self-adhesive labels containing the names and addresses of all
property owners as required by Ordinance. In the event that the publication,
notice and mailing charges exceed the sum of $650.00, the applicant shall be
responsible to pay to the City the full cost of such charges.
Revised January 2004
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AMENDING
RESOLUTION NO. 97-35 AND RESOLUTION NO. 98-05
TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT
REVIEW, PLANNING AND ZONING APPLICATIONS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-22, codified as Section 34-2 of the
City Code, the City Commission is authorized to provide a fee schedule for
development review, planning and zoning applications provided by the City and to
amend such fees from time to time by Resolution following a public hearing; and
WHEREAS, the City Commission adopted Resolution No. 97-35 which
established the fee schedule for development review, planning and zoning applications
provided by the City; and
WHEREAS, the City Commission adopted Resolution No. 98-05 which revised
the fee schedule for site plan applications; and
WHEREAS, it is recommended that the fee schedule be revised to reflect current
development review, planning and zoning applications provided by the Land
Development Regulations adopted in July of 1999; and
WHEREAS, the City Commission has held a public hearing as provided by law;
Resolution No. 2004-
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The fee schedule for development review, planning and
zoning applications adopted by Resolution No. 97-35 and amended by
Resolution No. 98-05 is hereby further amended as follows 1:
1. Application Fees...
Action:
NeA Use Variance $809.99
UAl,Js\,lal Use $859.99
Special ExcoptieA $850.00
Zoning/RezeAiA€l/Use VariaAse $850.00
Amendments to the Official ZoninQ Map
Variance $850.00
CORGldrreAGY Re~..io'J: $500.00
Modification of Restrictive Covenants and $850.00
Modification of Resolution
Site Plans ...
SLltlstaAtial Cemplianco Dotormination 50% of
Site Plan Revision site plan
review fee
Temporarv Use Approval $500.00
1 Underlined provisions constitute proposed additions to existing text; striGken tl1reulll1 provisions indicate
proposed deletions from existing text.
Resolution No. 2004-
Page 3
2. Advertising Costs
In addition to the fee schedule outlined in 1. above, any application
requiring public notice shall pay an additional $650.00. All applications
requiring public notice shall provide the Community Development
Department with self adhesive labels containing the names and
addresses of all property owners as required by Ordinance. In the event
that the publication. notice and mailinq charqes exceed the sum of
$650.00, the applicant shall be responsible to pav to the Citv the full cost
of such charaes.
Section 2. The revised fee schedule is attached as Exhibit "A" to this
resolution.
Section 3. The City Manager is authorized to take all necessary and
expedient action to carry out the aims of this Resolution.
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 Ken Cohen
Commissioner Robert Diamond
Commission Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 4
PASSED AND ADOPTED this 6th day of January, 2004.
Jeffrey M. Perlow, Mayor
ATTEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of January, 2004.
CITY CLERK
Exhibit "A" to Resolution No. 2004-_
Development Review, Planning and Zoning
Application Fee Schedule
1. AODlication Fees
All application fees shall be paid, in total, at the time of application. A refund of
fifty (50%) of an original application fee may be refunded upon withdrawal of an
application when the written request for withdrawal is received within 60 days of
the date of the application. Each individual action shall be submitted with an
application fee.
Action:
Amendments to Official Zoning
Map
$850.00
I Variance
$850.00
Sign Variance
For signs in existence prior to
June 3,1997
All other signs
I Conditional Use Approval
$350.00
$750.00
Land Development Code
Amendment
$850.00
$850.00
$850.00
I Comprehensive Plan Amendment I $1500.00
Modification of Restrictive
Covenants and Modification of
Resolution
$850.00
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
Plats:
Tentative Plat
$600. plus
$1/unit
residential or
$25/acre non-
residential
Final Plat
$1200. plus
$1/unit
residential or
$25/acre non-
residential
Site Plans:
Residential
$2325. plus
$2/unit
residential
Non-Residential
$2425. plus
$2/100 sq.ft.
gross building
area
Site Plan Revision
150% of site plan
review fee
[ Temporary Use Approval
I $500.00
2. Advertisina Costs
In addition to the fee schedule outlined in 1. above, any application requiring
public notice in the newspaper shall pay an additional sum of $650.00. All
applications requiring public notice shall provide the Community Development
Department with self-adhesive labels containing the names and addresses of all
property owners as required by Ordinance. In the event that the publication,
notice and mailing charges exceed the sum of $650.00, the applicant shall be
responsible to pay to the City the full cost of such charges.
Revised January 2004
City of Aventura
Development Review, Planning and Zoning Application Fee Schedule
ihe Athuni Herat~ IEII
Published Dailv
MIAM, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County,
Florida; tha1 the advertisement for:
THE CITY OF A VENTURA
was published in said newspaper in the issue of:
MIAMI HERALD, LOCAL SECTION, WEDNESDAY DECEMBER 17TH 2003
Affiant further says that the Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida, and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
'-- ~
7x?/Afl~ ~
RANK TOMASINO
--
Sworn to and subscribed bewre me
. I
Thi, Co d'YOfH
YLM< , ~..
CISA ANN HERNANI>EZ
A.D. 2004
\\1111" L' Ann H
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f ?.'iY-1Comm1aiOll' DD 0000 17
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;"'-\ lir;: &IpIreo Fob. 11,2005
...~ -..; ~.:- Bando:I 'Dn.
"/OFf\.IJ"~"
"/11I1\\\ At1anU4 Bo.tIna Co., lac.
900 West 49th Street, Suite 500, Hialeah. Florida 33012
)KNIGHTRIDDER)
'.\.:;'
,'.:. ':: CIT\fOF'AVENTURA'
NOTICEOF"'HEAR1NGOF:AMENDMENT
TOOFFIClALl-ONING MAP AND
NOTJGEOfAMENDMENT TO LAND
· DEVELOPMENT REGULATIONS
Public Notice is hereby giventllat the CitY6t AventuraGity&inimission will meet in a
public hearing on Tuesday.,January 6;2004 at 6:00.p:m. toco""ider final adoption 'Of
thefOll~~,jng.Ord~n.a,9ces Oflsecondreading:.:t, "'~:.<~:, .:);' ,\~,._"',,;.):\,;:.-," '
. ':t.,'
'AN. QRDlNANCE ..oF THE CIlY OF AVENTURA,FLORIOA,.AMENDlNG THE '.
. OFACIAL ZONING MAP OF THE CIlY OF AVENTIJRA FOR FIVE (5) PARCElS
OF. LANO ON THE WEST SlOE OF BISCAYNE BOUlEVARO FROM MO,
,;MEDICAl OFFICE.DI$TRICTTO B1,NElGHBORHOODBUSINESS DISTRICT;
,PRDVIDINGFDR 'SEVERABllI1Y;PRDVIDlNG FOR INCLUSION. IN JIlE
CODE; PROVIDING. FOR AN EFFECTIVE OATE (see map for'property :
,.locationsL ..... .
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. :i::\~[Ylj;~~~~~.:,~~;1:::,t:.i;;~.:;.;Sif','{:T:;~.:::>- . ,.-
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. ,'~'\::~:: ','." >,r.::c~ ,'0::"//': ':"';,"':;{: '~~:"',:: ':~-:,.,7"J
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AN';oRDlNANI:eOF. THECnYOF AVENTURA, flORIDA; AMENDING, .
SECTl.ON 31,144(I);.MODlSTRICT,. TO PROVIDE' FOR REVISED .'.
SETBACKS. LOT COVERAGE,OP~ SPACE AND MINIMUM LOT SIZE.: ' ..
AODITIONAL..' ' CONDITIONAL'" .USES, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS FllR THOSE LANDS
. LYING BElWEEN NE 206 STREET TO THE SOUTH, NE 209 STREET TO
JHE NORTH, NE 2B AVENUE TO TIlE EAST AND EAST DIXIE HIGHWAY
TO TIlE WEST; PROVIDING FOR SEVERABILIlY; PROVIDING FOR
INCLUSION)N THE COOE; PROVIDING FOR AN EFFECTIVE DATE.
,..,....-".--,i'..;...-..:.,-,.,;'.... ',-'. ", ....' "
Tile Pu~lic' H~aring willbll held at lI1e City of AventuraGovemmenf Center. 19200 W~st
Country Club Drive,Aventura, Florida, 33160. The proposed Ordinances may be
insPected by lI1e public at lI1e Office of lI1e City Clerk, 19200 West Country Club Drive,
- MentUra, ,Florida. Interested parties may appear at lI1e- Public Hearing and be heard
will1 r~pe~to lI1e proposed Ordinances,
',".' .... :;":" . -'. .' "'. ':.\ ": '
In accordance,with the Americans. with Disabilities Act of 1990;i:l1l persons who ar.e
disabled and wllo need special accom.modations to participate in lI1is proceeding
because of lI1at disability should contact lI1e Office of lI1e City Clerk, (305) 466-8901,
not later. than, two business days priorto such 'proceedings. .. , .
", '., ,'. \
If aperson,decides to appeal any decision made by trie City Gommisslon with respect to
any.matte~_corisideredata meeting or hearing, that person will ne~d'a record of the
proceedings and, for"such-purpose,_may n.eed to ensure- that a verbatim record of the
proceedings is made. which record includes lI1e testimony and evjdence. upon wllich
the appeal is to be based,' ,.
. ,
T!re:aM. 50rolci. CMC, City Clerk
^
.....,.