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01-03-2012
City Commission o Cit�Manager Susan Gottlieb, Mayor The City of Eric M. Soroka, ICMA -CM alk Zev Auerbach Ai7e 'i fur City a M. Bob Diamond Teresa M. Soroka, MMC Teri Holzbcrg Billy Joel - .� Gbt Attorney Michael Stern Weiss Scrota Helfman Luz Urbaez Weinberg Pastoriza Cole & Boniske JANUARY 3, 2012 6 p.m. Mowing 6 PM LPA mtg. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDERIROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: November 1, 2011 Commission Meeting November 17, 2011 Commission Meeting November 17, 2011 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2012 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 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 11- 09 -15 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO H & R PAVING, INC., MAGNA CONSTRUCTION, INC., AND WEEKLEY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY January 3, 2012 AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $4,000 FOR THE LEO FOUNDATION FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI -DADE COUNTY CLERK OF COURTS TO PROVIDE TRANSMISSION OF ELECTRONIC CITATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will he made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR LOUIS VUITTON GLOBAL STORE ON PROPERTY LOCATED AT 2 January 3, 2012 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING — PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003, MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF AVENTURA, AS AMENDED OCTOBER 5, 2004 AND NOVEMBER 3, 2010, TO MODIFY EXHIBIT `B' TO THE AGREEMENT AND TO EXTEND THE TERM OF THE AGREEMENT; RELATING TO THE PARCEL OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCE — SECOND READING — PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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. 9. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT 3 January 3, 2012 SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING JANUARY 19, 2012 9AM 5`n FL. EX. CONFERENCE ROOM COMMISSION MEETING FEBRUARY 7, 2012 6PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. 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 may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305- 466 -8901. +rtes MINUTES CITY COMMISSION MEETING NOVEMBER 1, 2011 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg (arrived at 6:28 pm), Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by former Commissioner Arthur and Joyce Berger. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka presented a 15 -year employee service award to Police Chief Steven Steinberg. A ten -year certificate of service was presented to Community Services Department employee Lanorris Miller. On behalf of the City Commission, Commissioner Diamond presented a Proclamation to former Commissioner Arthur Berger. 5. ELECTION OF VICE MAYOR: After motion made by Commissioner Holzberg, seconded by Commissioner Diamond and unanimously passed, Commissioner Joel was elected Vice Mayor for the next 6 -month period. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and the following action was taken: A. The following minutes were approved: October 4, 2011 Commission Meeting October 13, 2011 Workshop Meeting B. Resolution No. 2011 -59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $5,250 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2011 -60 was adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SELECTING THE FIRM OF PGAL ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES TO PLAN, DESIGN AND PERMIT THE GOVERNMENT CENTER PARKING EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2011 -61 was adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA RE- ADOPTING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT OBJECTIVES AND PARAMETERS" AS THE CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2011 -62 was adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING INSURANCE COMPANIES TO PROVIDE LOWER PREMIUMS TO RESIDENTS OF JURISDICTIONS PROVIDING FOR AUTOMATED RED LIGHT SAFETY TECHNOLOGY; PROVIDING FOR DISTRIBUTION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. F. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $29,000 TO PURCHASE NEW UNIFORMS FROM THE POLICE FEDERAL 2 FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. G. CITY COMMISSION ACTING IN IT'S CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL ( "ACES "): The following motion was approved: MOTION APPOINTING THE CITY MANAGER AS THE ACES GOVERNING BOARD'S REPRESENTATIVE TO FACILITATE PARENTAL INVOLVEMENT, PROVIDE ACCESS TO INFORMATION, ASSIST PARENTS AND OTHERS WITH QUESTIONS AND CONCERNS, AND RESOLVE DISPUTES H. The following motion was approved: MOTION TO EXTEND THE TIME TO OBTAIN A BUILDING PERMIT FOR THE CONSTRUCTION OF THE NEW NORTHEAST PUBLIC LIBRARY BRANCH FOR AN ADDITIONAL SIXTY (60) DAYS FROM NOVEMBER 4, 2011. I. Resolution No. 2011 -63 was adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ENDORSING THE EFFORTS OF THE GENERAL CONSULATES OF COLOMBIA, COSTA RICA, EL SALVADOR, ECUADOR, HONDURAS, MEXICO AND PERU SUPPORTING BINATIONAL HEALTH WEEKS TO IMPROVE THE HEALTH AND WELL -BEING OF UNDERSERVED POPULATIONS OF LATIN AMERICAN ORIGIN LIVING IN THE UNITED STATES AND CANADA; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. None. 8. ORDINANCES: FIRST READING /PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Stern. Mr. Soroka explained the necessity of this ordinance. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously by roll call vote. B. CITY COMMISSION ACTING IN IT'S CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -05, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2011/2012 (JULY 1 — JUNE 30) BY REVISING THE 2011/2012 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. A motion for approval was offered by Vice Mayor Joel and seconded by Commissioner Diamond. Mr. Soroka explained the necessity of this ordinance. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously by roll call vote. 9. ORDINANCES: SECOND READING /PUBLIC HEARING: None. 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS: As presented. (Commissioner Weinberg arrived during this item.) 12. PUBLIC COMMENTS: Krop High School Senior and Aventura resident Raya Elias Pushett; Alan Shensky, 20500 W. Country Club Drive. 13. OTHER BUSINESS: None. 4 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:45 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5 gig MINUTES CITY COMMISSION MEETING NOVEMBER 17, 2011 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Commissioner Luz Urbaez Weinberg was absent. As a quorum was determined to be present, the meeting commenced. 2. CONSENT AGENDA: Mr. Soroka requested that item 2 -C be removed from the Consent Agenda and addressed separately. A motion to approve the Consent Agenda was offered by Vice Mayor Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. Resolution No. 2011 -64 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. B. Resolution No. 2011 -65 was adopted as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND PGAL ARCHITECTS TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT THE CITY'S GOVERNMENT CENTER PARKING EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $7,500 TO THE FLORIDA INTERNATIONAL UNIVERSITY — FIRST GENERATION SCHOLARSHIP FUND SPECIFICALLY FOR AVENTURA RESIDENTS. THIS PROGRAM WILL SERVE TO ENHANCE CRIME PREVENTION BY FACILITATING EDUCATIONAL AND EMPLOYMENT OPPORTUNITIES THAT WOULD OTHERWISE NOT EXIST BY PROVIDING TUITION ASSISTANCE TO STUDENTS WITH LIMITED FINANCIAL MEANS, WHO COME FROM FAMILIES WITH NO PRIOR BENEFIT OF HIGHER EDUCATION. Mr. Soroka and FIU representative Jan Solomon explained this scholarship in detail. After discussion, a motion for approval was offered by Commissioner Auerbach, seconded by Commissioner Stern and unanimously approved. 3. ORDINANCES: SECOND READING /PUBLIC HEARING: CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -05, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2011/2012 (JULY 1 — JUNE 30) BY REVISING THE 2011/2012 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. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2011 -10 was enacted. Mr. Soroka updated the Commission on the status of the Library renovation project. 2 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:18 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3 MINUTES Irm a" of CITY COMMISSION Aventura Government Center hk� WORKSHOP MEETING 19200 W. Country Club Drive NOVEMBER 17, 2011 Aventura, Florida 33180 Following the 9 a.m. Commission Meeting CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:18 a.m. by Mayor Susan Gottlieb following the 9 a.m. Commission meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. Commissioner Luz Urbaez Weinberg was absent. As a quorum was determined to be present, the meeting commenced. 1. 2012 MEETING SCHEDULE (City Manager): Mr. Soroka presented a schedule of Commission and Workshop meetings for 2012. CITY MANAGER SUMMARY: Consensus to approve as presented. 2. LEGISLATIVE PROGRAM AND PRIORITIES (City Manager): Mr. Soroka presented the list of 2012 Legislative Program and Priorities. CITY MANAGER SUMMARY: Consensus to approve as presented and place on January 2012 agenda for approval. Mr. Soroka advised the Commission of requests received from retailers in the City to locate storage trailers on their properties. Community Development Director Joanne Carr addressed the Commission. It was the consensus of the Commission not to amend the Code. Mr. Soroka noted that the Police Department Traffic Division has requested a red light camera traffic control device be installed at the intersection of the Lehman Causeway and Biscayne Boulevard. The Commission requested that they be provided stats on the number of accidents at this location prior to considering placement of traffic control device. Commissioner Diamond noted the deteriorating aesthetic condition of the Lehman Causeway and suggested that the appropriate authorities be contacted to request maintenance of the Causeway. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 9:40 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, -M nager DATE: November 17, 2011 SUBJECT: Resolution Approving Legisl a Programs and Priorities for 2012 January 3, 2012 City Commission Meeting Agenda Item 9 -15 RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2012. This item was reviewed at the November Workshop Meeting. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1759 -11 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES ••�' ' lams% C � of EXCe 2012 Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. �:i - 004111■ 1� �/ 1� �0 C � of EXCe 2012 Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2012 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. Increase or maintain educational funding levels for Miami -Dade County public schools. 3. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/ or amendments. 4. Adopt the 2012 Policy Statement of the Florida League of Cities. 5. Enact a law that would prohibit an individual from writing, sending or receiving text messages while operating a motor vehicle. 6. Enact a law enabling cities to prohibit smoking at city sponsored events or activities and/ or at city parks and facilities. 7. On a state -wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 8. Provide a dedicated revenue source to cities that are located within 1 mile of a facility that houses legalized gambling to offset police and road impact costs to the community. 9. Preserve municipal authority for red light camera safety programs. 10. Seek legislation to encourage automobile insurance carriers to offer reduced insurance premium rates for vehicle owners and operators residing within jurisdictions utilizing red light camera safety programs. RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2012 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 2012 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 Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 3`d of January, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cir-clom BY: Robert M. Sherman, Director DATE: December 6, 2011 Serviced j� SUBJECT: Bid No. 11 -09 -15 -2 City of Aventura Maintenance and Repair for City Roads and Streets January 3, 2012 City Commission Meeting Agenda Item 5C- Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 11- 09 -15 -2 City of Aventura Maintenance and Repair for City Roads and Streets to the lowest responsible and responsive bidders; H & R Paving, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc. for the unit prices as contained in Exhibit "A" attached. Background In accordance with the City's Purchasing Ordinance, bids for this maintenance contract were solicited, advertised, and opened on October 15, 2011. Three qualified bids were received from H & R Paving, Inc., Magna Construction, Inc., and Weekley Asphalt Paving, Inc. This bid contains unit pricing for the following areas of public works that can be used by the City as a maintenance contract on an as- needed basis as determined by the City: Paving and Concrete Storm Drainage Pavement Markings and Signage Hourly Labor Charges All three bidders submitted qualified bids, and all three bidders have received positive references in similar type work. Since some of the unit prices are lower than others, it is in the City's best interest to award this bid to multiple bidders to take advantage of the lowest pricing as submitted by each bidder. City Commission December 6, 2011 Page Two The City can realize significant cost savings by using this contract for road and sidewalk repairs, stormwater projects, and pavement improvements, avoiding the start -up and administrative costs involved in advertising for bids for specific projects. All three bidders will be required to post the appropriate insurance that is acceptable to the City, and all work will be subject to the review and inspection of City staff and our consulting engineers. This contract is for a one year period, with a one year extension, at the City's sole discretion. Please feel free to contact me if you have any questions. RMS /gf Attachments RMS11029 RESOLUTION NO. 2012-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 11 -09 -15 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO H & R PAVING, INC., MAGNA CONSTRUCTION, INC., AND WEEKLEY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 11- 09 -15 -2 CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid /Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that H &R Paving, Magna Construction, Inc., and Weekley Asphalt Paving, Inc., have submitted the lowest responsible and responsive bids for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid /contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Resolution No. 2012 - Page 2 Section 1: That bid /contract for BID NO. 11- 09 -15 -2, CITY OF AVENTURA MAINTENANCE AND REPAIR WORK FOR CITY ROADS AND STREETS is hereby awarded to H &R Paving, Magna Construction, Inc., and Weekley Asphalt Paving, Inc., at the bid prices as contained in Exhibit "A ", attached. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid /Notice to Bidders, bid specifications, bid proposal and bid requirements, and said parties shall execute said prepared contracts on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid /contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Transportation and Street Maintenance Fund Line Item No. 120 - 5001 -541 -6305 and the Stormwater Utility Fund Line Item No. 410 - 5001 - 538 -3460. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by , who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 3�d day of January, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY IV 74 �a n 0 A i fD fD n O i. 0 0 C� �c O p7 rr• r� >v C. O K O A� a a� a i M rA N. 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Cn J w lA v' O p. O M — A CJl N O 00 O\ VA ON J — ON N O O O O O O C.n 0 0 c.n O '-- N O N cn N to S S O S O S S O O S S S S S S S vNi O �x �x n O K A .7 fft n O C f7 O O MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: October 4, 2011 To: Robert Sherman, CPRP, City of Aventura — Director, Community Services Department Copy: Alan Levine, City of Aventura, Public Works Operations Manager From: Edwards, P.E., Consulting Engineer Reference: Maintenance and Repair for City Roads and Streets Bid Package Review — Bid Number 11- 09 -15 -2 At your request, we have reviewed the bid results for the above referenced project. Based on our review of the bids, we are recommending that maintenance contracts be awarded to the following Bidders /Contractors: • H &R Paving, Inc. • Magna Construction, Inc. • Weekley Asphalt Paving, Inc. During the bid review process the contractors were asked to verify and/ or modify the unit prices and extended prices for certain line items due to mathematical errors or unrealistic costs. The following line items were revised from the submitted bid forms: • H &R Paving —Line items 94, 119, 122, and 125 • Magna Construction— Line items 7, 76, 104, and 113 • Weekley Asphalt Paving — All line items are unchanged from submitted bid form A copy of the final bid forms and bid summary spreadsheet is attached for your information showing all of the individual unit prices and extended prices. All unit prices and extended prices shown are the final accepted prices for the contract. The low unit price for each line item has been highlighted. If you have any questions or require any additional information, please call. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM DATE: December 7, 2011 SUBJECT: Disbursement of Police r nds January 3, 2012 City Commission Meeting Agenda Item 6Z) RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $4,000 for the LEO Foundation from the Police Federal Forfeiture Fund in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1760 -11 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: ven St nberg, Chief of Police DATE: 7 December 2011 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained In a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: LEO Foundation Total Expenditure Request: $4.000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary LEO Foundation — The LEO Foundation is a non -profit charity organization that sponsors the LEO Awards each year in Miami -Dade County. These awards honor the men and women of law enforcement, both sworn and civilian, for their efforts in protecting and serving their respective communities. Once again, the Aventura Police Department has several people nominated for this award. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, ( DATE: December 9, 2011 SUBJECT: Resolution Declaring Equipment Surplus January 3, 2012 Commission Meeting Agenda Item 3-F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1761 -11 RESOLUTION NO. 2012-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 3`d day of January, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager i FROM: ven ein erg, Chief of Police DATE: 9 December 2011 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: Please surplus the below listed property. All of the serial numbered items are Tasers, model X26: X00 - 275384 X00 - 006752 X00 -006789 X00-006908 X00 - 160665 X00 -089966 X00 - 129738 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: December 12, 2011 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Exhibit A # Asset Tag Brand Model Qty Serial Number Type 1 1323 Dictaphone Freedom 1 674118 Call Recorder 2 Kodak Z730 1 KCKEP51100598 Camera 3 Otter Armor PDA Waterproof Cases 1 2 Case 4 Indiana Cash Drawer Co 7 -30244 1 2195004 Cash Drawer 5 Indiana Cash Drawer Co 7 -30244 1 2195013 Cash Drawer 6 896 Dell Dimension 2300 1 CXNPA Desktop 7 Dell Dimension 2950 1 7DBOXB1 Desktop 8 Dell Dimension 4300 1 46NFX01 Desktop 9 1522 Dell Dimension 4400 1 2UF711 Desktop 10 1485 Dell Dimension 8200 1 7DFTY01 Desktop 11 893 Dell Dimension B1000 1 79X9001 Desktop 12 956 Dell Dimension T450 1 74FSU Desktop 13 954 Dell Dimension T450 1 74FV7 Desktop 14 1000 Dell Dimension T450 1 C2PQ401 Desktop 15 Dell Dimension XPS T450 1 74FZ1 Desktop 16 959 Dell Optiplex GX110 1 HYH010B Desktop 17 1554 Dell Optiplex GX260 1 4JN7Z11 Desktop 18 Dell Optiplex GX260 1 7FPWV21 Desktop 19 1832 Dell Optiplex GX270 1 1SG1631 Desktop 20 Dell Optiplex GX270 1 BR61631 Desktop 21 1834 Dell Optiplex GX270 1 BRG1631 Desktop 22 Dell Optiplex GX270 1 GPDPG31 Desktop 23 2402 Dell Op ti lex GX280 1 178SW61 Desktop 24 2400 Dell Optiplex GX280 1 398SW61 Desktop 25 2421 Dell Optiplex GX280 1 HQWGQ71 Desktop 26 2691 Dell Optiplex GX620 1 1F4V5B1 Desktop 27 Dell Optiplex GX620 1 20JKWB1 Desktop 28 2430 Dell Optiplex GX620 1 3NBCV71 Desktop 29 Dell Optiplex GX620 1 5NBLV71 Desktop 30 Dell Optiplex GX620 1 5PBLV71 Desktop 31 2798 Dell O ti lex GX620 1 64X5W51 Desktop 32 2432 Dell Optiplex GX620 1 6NBLV71 Desktop 33 2686 Dell Optiplex GX620 1 8N4V5B1 Desktop 34 Dell Optiplex GX620 1 CXHKWB1 Desktop 35 Dell Optiplex GX620 1 CZHKWBI Desktop 36 2688 Dell Optiplex GX620 1 DN4V5B1 Desktop 37 2575 Dell Optiplex GX620 1 F80BK81 Desktop 38 Dell Optiplex GX620 1 FWHKWBI Desktop 39 Dell Optiplex GX620 1 GYHKWBI Desktop 40 Dell Optiplex GX620 1 HMBLV71 Desktop 41 Dell Optiplex GX620 1 HZHKWB1 Desktop 42 2802 Dell Optiplex GX620 1 J398SW61 Desktop 43 Dell Optiplex GX755 1 F3ZZCG1 Desktop 44 Dell Optiplex SX280 1 1 ROZ461 Desktop 45 Dell Optiplex SX280 1 4D9QQ51 Desktop 46 Dell XPS 1 H17BL81 Desktop 47 867 Gateway E -3200 1 15471388 Desktop 48 Mace DVR 1604RW 1 1 160404080045 DVR 49 Mace DVR 1604RW 1 ZA1604RW0807A110092 DVR 50 Mace DVR 400 1 ZAY6BEWH0709E750077 DVR 51 Compaq Armada 1120 1 7639HYC33140 Laptop 52 Dell Latitude D600 1 FMMKQ51 Laptop 53 Dell Latitude D600 1 H4LXD51 Laptop 54 Dell Latitude D610 1 1 M07K81 Laptop 55 Dell Latitude D610 1 60LXD51 Laptop 56 Dell Latitude D610 1 64BQWB1 Laptop 57 Dell Latitude D610 1 F6BQWB1 Laptop 58 Dell Latitude D610 1 FL07K81 Laptop 59 Dell Latitude D630 1 5M07K81 Laptop 60 Dell Latitude D630 1 7GZ82D1 Laptop 61 Dell Latitude D630 1 8BJOWD1 Laptop 62 Dell Latitude D630 1 BVJOWDI Laptop Page 1 of 3 12/12/2011 City of Aventura Computer Equipment Inventory Exhibit A # Asset Tag Brand Model Qty Serial Number Type 63 Dell Latitude D630 1 FBONGH1 Laptop 64 Dell Latitude D630 1 JHZ82D1 Laptop 65 Dell Latitude D630 1 Laptop 66 HP Pavilion XT125 1 TW24324972 Laptop 67 1229 Toshiba 1750 1 1 2138208CU Laptop 68 Dell 1704FPTT 1 CNOY429971618551BJTS Monitor 69 Dell 1704FPTT 1 CNOY429971618551BKlL Monitor 70 Dell 1704FPVT 1 CNOK5516716184B8AACQ Monitor 71 Dell 1704FPVT 1 CNOK55H6716184B8ABPC Monitor 72 Dell M770 1 MX01780R47801054HlEQ Monitor 73 Dell M770 1 MX01780R47801054H1ES Monitor 74 Dell Ultrascan P780 1 MX06271R47741091330RK Monitor 75 Gateway EX910B 1 190166334528 Monitor 76 Gateway MY071101 1 MH54H5004096 Monitor 77 Panasonic CT1386YD 1 LB12150119 Monitor 78 Panasonic CT1386YD 1 MB02210342 Monitor 79 Panasonic CT1386YD 1 MB02210353 Monitor 80 Panasonic CT1386YD 1 MB02210445 Monitor 81 Panasonic CT- 1386YD 1 MB02210350 Monitor 82 Panasonic CT1389VYD 1 MB20660110 Monitor 83 Panasonic DT1300MS 1 SK0150007 Monitor 84 Panasonic DT1300MS 1 SK0150020 Monitor 85 Panasonic DT1300MS 1 SK0150021 Monitor 86 Panasonic DT1300MS 1 SK0320009 Monitor 87 Panasonic DT1300MS 1 SW9460009 Monitor 88 51 Sony CPD -15F23 1 8660384 Monitor 89 60 Sony CPD -15F23 1 8660387 Monitor 90 1481 Dell NAS 715N 1 ZTV4X01 NAS 91 tome a NAS 1 VYAD380005 NAS 92 BlackBerry 7100 1 10000113868200 PDA 93 Compaq 1pag 1 23516257525 PDA 94 Compaq I aq 1 23516257612 PDA 95 1949 Compaq 1pag 1 4G29KVL2501P PDA 96 1950 Compaq 1pag 1 4GZAKVL2MOCF PDA 97 Epson TMU590P 1 ANWK000887 Printer 98 Epson TMU590P 1 J9T6002841 Printer 99 Epson TMU590P 1 J9TG002854 Printer 100 HP Deskjet 6122 1 MY28J1COQ7 Printer 101 HP Deskjet 6122 1 MY4AR3B02R Printer 102 HP Deskjet 6127 1 MY44Q36117 Printer 103 HP Deskjet 6940 1 MY65A7R033 Printer 104 HP Deskjet 6940 1 MY6828RQWS Printer 105 HP Laser'et 1320 1 CNRC613578S Printer 106 HP Laser'et 5P 1 USFB319298 Printer 107 HP Laser'et C3917A 1 USKC046482 Printer 108 HP Laseret P2015 1 CNBJC14953 Printer 109 HP Office'et 6210 1 CN523DE25K Printer 110 HP Office'et 7450 1 MY78C630CB Printer 111 HP Office'et Fax T65 1 SG96UA3080 Printer 112 HP PSC 2410 1 MY3AFG44MW Printer 113 Ithaca 53 Plus 1 FN001924216 Printer 114 Lexmark 2580 1 8G09236 Printer 115 Lexmark FP2400 1 9NA6513 Printer 116 Zebra RW420 1 XXJS03080054 Printer 117 Zebra RW420 1 XXJS03080055 Printer 118 Zebra RW420 1 XXRC09275223 Printer 119 Zebra RW420 1 XXRC09290345 Printer 120 1265 Afco Sys ern Rack 1 12496 Rack 121 1513 Sent A5835 1 Safe 122 2692 Antec Video Analyst 1 Server 123 Barracuda Sam Firewall400 1 BARSF97011 Server 124 286 Compaq Proliant 2500 1 D704HWA30008 Server Page 2 of 3 12/12/2011 City of Aventura Computer Equipment Inventory Exhibit A # Asset Tag Brand Model Qty Serial Number Type 125 Dell Power Edge 2300 1 1A6YM Server 126 1516 Dell Power Edge 2500 1 1W77C11 Server 127 1497 Dell Power Edge 5005SC 1 4WQ2K11 Server 128 Intertel PC 1 1223HO41136 Server 129 Intertel PC 1 1 CX4H041136 Server 130 307 3Com Switch 1 7YAF002709 Switch 131 3Com Switch 1 7ZBV105BF07 Switch 132 3Com Switch 3300 1 7MCV50F4F58 Switch 133 3Com Switch 3300 1 7MCV570C2D8 Switch 134 1281 3Com Switch 3300 1 7MDV541E438 Switch 135 3Com Switch 3300 1 KZN5431 F298 Switch 136 3Com Switch 3300 1 LMCV3XB2283D8 Switch 137 1551 Adtran TSU120e 1 DDS3XRF22508299 Switch 138 1558 Adtran TSU120e 1 DDS3XRFAAA Switch 139 Bay Networks AE1001007 1 BEX0074561 Switch 140 Cisco 2600 1 JMX0504K327 Switch 141 Cisco 1700 Router 1 JMX0738RTRT Switch 142 Cisco Aironet 350 1 FHK0708PD65 Switch 143 Dell Power Connect 2016 1 CS53911 Switch 144 298 Di i Box 1 D3419314 Switch 145 653 HP Jet Direct 1 SG75030884 Switch 146 ADIC Faststor 2 1 80023403 Tape Backup 147 APC Back UPS RS 1000 1 UPS 148 APC Back UPS RS 800 7 UPS 149 APC Backup UPS ES 500 1 UPS 150 APC Backup UPS LS 500 2 UPS 151 APC Backup UPS LS 700 1 UPS 152 APC Backup UPS XS1000 1 JB0304007703 UPS 153 Minute Man UPS E1100 1 UPS Page 3 of 3 12/12/2011 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ana er DATE: December 12, 2011 r SUBJECT: Recommendation to Appoint a Member to the Police Pension Board of Trustees January 3, 2012 City Commission Meeting Agenda Item .6-'--F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing Alan Greenfield as a member of the Police Pension Board of Trustees. BACKGROUND The Police Pension Plan Ordinance provides for the City Commission to appoint two (2) legal residents of the City from a list provided by the City Manager to the Police Pension Board of Trustees. Currently, one vacancy exists with the resignation of Craig Shapiro. After advertising extensively in the various media formats available to the City, the City received four applicants for the position. The Finance Director and I interviewed each applicant and discussed the role of the Board and its responsibilities. I am pleased to advise that many of the applicants were highly qualified. Therefore, the recommendation was not an easy one. However, based on his extensive experience with Pension Boards, I am recommending Alan Greenfield as a member of the Police Pension Board of Trustees. The other applicants are as follows: • Eric Berger • Ivy R. Ginsberg • Myles Klein If you have any questions, please feel free to contact me. EMS /act Attachment CCO1762 -11 11/15/2011 20:09 3055573484 PAGE 02/04 CITY OF AVENTURA APPLICATION FOR AVENTURA POLICE PENSION BOARD OF TRUSTEES Potential board members must be registered voters who have resided in the City of Aventura for six (6) months immediately prior to an appointment to the Board. Applicants should have expressed interest and/or experience in finance, investments and/or familiarity with pension plans. Name of Applicant: AGaN E. frQ�"ENf1E� (Please Print) Address: .316(p Al il�;W rRAt:e A1,5Evroa. FL 33!sso Home Phone: 31% 9/01 -Lrk7 Email Address: ��GG�w�/tR �A-0L.Lorn Business Name: Occupation: AA!DE Business Address:_ Vie. s. T 4-""At f&W_ Sat 'le ls.i v� MiAm r, r-i- 33x3 C Business Phone: Jc a T & -A a 7 Fax: ! - 86 k - 67g88`So If Retired, list former business name, address and position: bJ Qualifications: GurreNr� /�c�co _pt9 -,r 2s- ve-Ae s orrwev Fo (Briefly describe the specific expertis6 and /or abilitids you can contribute as a fnember of this Board.) sr* o r* eo eac._ 6-b ble s Ae i am euz ,STs rem, -r#r ssrsrem lmelude5 PtdJS roA/ pGAN S R. Do�, FJv'e Aa✓D faz°r1�r2rtt _ E.u� %�!�°e S. Ferri �i g,2, WiTA 4LI- AS04TS 0 file- dWiAhIaerio,✓B ./ R Aal It' c �,rto4, ee-A✓o od Wit/ Please attach a resume along with your application. 1 understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. I understand that all board appointments are for voluntary, uncompensated services and l will be subject to the requirements of the State of Florida Financial Disclosure Requirements. Signatu of Applicant Date Fax or Mail completed application & resume to: Office of the City Manager Government Center 19200 West Country Club Drive, Aventura, FL 33180 (305) 466 -8910 (305) 466 -8919 Fax 11/15/2011 20:09 3055573484 PAGE 03104 RESUME OF ALAN E. GREENFIELD 3766 N.E. 209"" TERRACE AVENTURA, FL 33180 Phone: - 766 - 299 -4212 E -Mail address: aeglawver(Qaol.com EDUCATION: Graduation from Miami Senior High School - 1947 University of Miami - 1951 - Bachelor of Arts University of Miami 1955 - Juris Doctor MILITARY: U.S. Marine Corp Reserve -1946 to 1950 U.S. Air Force Reserve - 1950 to 1952 - Honorably Discharged from Active Duty 1952 to 1954 Completed reserve obligations EXPERIENCE: Attorney - partner in Morehead, Gotthardt, Forrest, Greenfield and Greenberg - 1955 -1959 House Counsel for Seaview Industries - 1959 -1963 Partner in Kovner, Mannheimer, Greenfield and Cutler - 1964 -1972 Partner in Dubbin, Berkman, Dubbin and Greenfield - 1973 - 1985 Alan E. Greenfield, P.A. - 1986 to date Actively engaged in the practice of law in Miami -Dade County continuously from 1955 to the present. Have represented labor unions and. in that capacity have engaged in bargaining relating to various issues including pensions; Have represented management in bargaining with unions relating to various bargaining issues including pension plans. Am presently and have continuously since 1986 reprented the retirement system of the City of Coral Gables, Florida. The Coral Gables Retirement System administers the pensions for police, fire and general employees. AFFILIATIONS: Licensed to practice in all Florida state courts; U.S. Supreme Court U.S. District Court for the Southern District of Florida.; U.S. 1 I`h District Court of Appeals; U.S. 5`h District Court of Appeals; U.S. IS` District Court of Appeals; 11/15/2011 20:09 3055573484 PAGE 04/04 American Bar Association Florida Bar Miami -Dade County Bar Association Miami Lakes Bar Association American Legion Korean War Veterans Association Jewish War Veterans Association Bnai Brith Aventura Turnbery Jewish Center Beth David Synagogue A ACTION INVESTIGATIONS & SECURITY, INC. AND ERIC A. BERGER & ASSOCIATES 2647 -A Northeast 186 "' Terrace North Miami Beach Florida 33180 Telephone: (305) 933 -9576 (305) 933 -9596 Facsimile: (305) 933 -9086 Web: www.aactioninv.com PROFESSIONAL EXPERIENCE - President of A Action Investigations & Security, Inc. and Eric A. Berger & Associates, 1983 to the present date. Legal Assistant for several law offices in Dade County 1988 to the present date. EDUCATION - Bachelor of Science in Criminology and Minor in Business at Florida State University, 1981. Internship at Dade State Attorneys Office, 1981. Internship at Metro Dade Police Department Homicide Division, 1981. Legal Assistant, Barry University 1984. Member of Missing Persons Unlimited, 1984. Member of South Florida Investigators Association, 1989 to present date. Member of Fraternal Order of Police Miami Lodge No. 20,1992 to present date. Board Member and Treasurer of IACC (International Association Coalition Anti - Counterfeiting). BACKGROUND - Have traveled extensively throughout the United States as well as the State of Florida. Have extensive experience in Law Enforcement and Private Investigative work. Have expertise in Anti - Counterfeit work. Appointed Director of investigations for Orange County Choppers, and Nokia of the Americas. Trademark Lecturer at U.S. Custom's seminars and presentations and Board of Directors Southern District for FALI. CREDENTIALS - Placement office at Bryan Hall, Florida State University (Tallahassee, FL) Dade State Attorneys Office (Miami, FL) and Barry University (Miami, FL). CLIENTELE - Anti - Counterfeit Trademark Holders/ Warner Bros. Consumer Products, Nike, Inc., Fila USA, Tommy Hilfiger, Nautica, The Walt Disney Company, Donna Karan, Polo Ralph Lauren, FuBu Sportswear, Major League Baseball, National Hockey League, National Football League, Timberland, Adidas USA, Levi Strauss, Microsoft Systems, Toyota Lexus, Budweiser, Warnaco /Calvin Klein Jeanswear, DC Comics, Marvel Comics, Playboy, Budweiser, Harley- Davidson Motor Co., Orange County Choppers, Coca -Cola, Procter & Gamble, Caterpillar Industries, Panasonic, Nintendo, Hard Rock Cafe, Smith Klein Beecham, Old Navy, Chanel, Inc., Coach Leatherware, Louis Vuitton, Kate Spade, Rolex, Tag Heuer, Calvin Klein, Inc., Cartier, Giorgio Armani, Swatch, Q & Q Corp., Oakley, Citizen Watches, Christian Dior, Burberry Limited, Seiko Watches, and Ecko UNLTD., Nokia, Inc., Software Alliance, Gucci, Mitchell Group, Technomarine, and Caterpillar, Inc., Prada, MPAA, Altadis U.S.A. Cigar Co., 7 Jeans, True Religion, Omega. TRADEMARK LAW FIRMS - Gibney, Anthony, & Flaherty; Holihan P.A.; Kenny Nuchwalter P.A.; Kluger, Peretz, Kaplan & Berlin, P.A.; Darby & Darby; Lucio, Bronstein, Garbett, Stiphany & Allen; Conroy, P.A. Keats, McFarland & Wilson LLP. And Ruden & McClosky, Smith, Schuster & Russell, P.A. Grimes & Battersby LLP, Andy Coombs & Associates. CITY OF AVENTURA APPLICATION FOR AVENTURA POLICE PENSION BOARD OF TRUSTEES 0� Potential board members must be registered voters who have resided in the City of Aventura for six (6) months immediately prior to an appointment to the Board. Applicants should have expressed interest and /or experience in finance, investments and /or familiarity with pension plans. Name of Applicant: ,rz, cx e, &G eJZ (Ple a Print) Address: Home Phone: DS - p! a'f��, Email Address: Business Name: & ► c. _ , t rz- 4 �a _ Occupation: P T Business Address: i�N - 1� 1✓ ) Flo TO i( rae, e— Business Phone: 3 L5L 0 22- 9 s 7J42 Fax: 3 Ni - I � J • c� 0'V �a If Retired, list former business name, address and position: Qualifications:_ fOA-A 6n,-- Ae- GuSe Please attach a resume along with your application. A <'5- v V L_ p a 1 understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. 1 understand that all board appointments are for voluntary, uncompensated services and 1 will be subject to the requirements of the State of F 'da Financial Disclosure Requirements. A60 Signature of Applicant Date Fax or Mail completed application & resume to: office of the City Manager Government Center 19200 West Country Club Drlve, Aventura, FL 33180 (306) 466 -8910 (305) 466 -8919 Fax Nov 09 11 09:49a M -KLEIN r� J:1 i 305 - 937 -1845 CITY OF AVENTURA APPLICATION FOR AVENTURA POLICE PENSION BOARD OF TRUSTEES P.1 potential board members must be registered voters who have resided in th,e 1,1ty of Aventurn for stx 16) n7cnt�5 I177i772 ;atSry 7F7C7f tC an a(�(J�inin7ent i,'7? card. A 'n6cants s cu1Gr .have ex Dressed inferest and /orexlner.�ence in finance. irvesimews and/or famifiarfty s ith pens:on`Wans Nai-ne of App licant: _ f\ V ("F— ` r,L, C 1 4 _ `Please Print 4sidresS { r3 `_'i : �, ; ���yi t�l� C Dome Phone: .62a5 93 -7 ' , Email Address: r s- k (-C. ("o i D kQ- I. a , Business NameZ -� - -�-6 n�+�,sA �Y�'�'° Occupation: c P4k Business Address: Business Phone: If Refired, list former business name, addiess and position: 1-.-J V _- ! -.V V~ i �u a I if icat ic 'ls: i Brief €v describe the c1+'��}jedfic expertise and /or `abilities you ca In contribute as awerr r+c+ this yB�oarr d--) V \ Y19` \ � � � 1 � �� �`� � �� �-/ � �.T� l ♦ �1L�'�JfJIJ {+J 1 T �iFl Ll Y � G'E� r�.�+ Q Cie- ► > ! ' +il k? t �t�l__ 'Y7- L 4' I a1 1 0 � �no s 9�J C.5;7 ``�Xr Pl °asp atfac h a resume along tirv1h Hour application. understand that In accordance with the Stale of Flo'ida Gcverrmeni in the Sunshine Lave, this information, may be made public. i understand shat ail board appointments are for vc hintary. uncompensated services and 1 .viii be subject to the requirements of the Stale of Fro -bda Financial Disclosure Requirements. n tiglf.iture of A.(ppiicant mate f Fax or Mail completed application a& resume to: Office of the City Manager Government Center 19200 West Country Club Drive, Aventura, FL 33180 11306)466-8S10 ;305) 466 -8919 Fax ;,zm, Nov 09 11 09:49a M- KLEIN Condensed Resume of Myles Mein B.B.A. from the University of Miami in 1962 Florida C.P.A. in 1963 305 - 937 -1845 p.2 Established Certified Public Accounting Practice in Miami, Florida in 1963 Merged my accounting practice with the international accounting firm of Grant Thornton, (Formerly Alexander Grant & Company), in 19 1. Served as partner in the Miami office from 1971 until 1985, eventually becoming the partner in charge of the tax department for the South Florida offices of Grant Thornton. Left Grant Thornton in 1985 to establish Myles Klein, P.A. in Aventura, Florida. Continued to practice in Aventura until retirement in 2006. My experience includes most aspects of accounting, tax and consulting services. Generally, this involved the preparation and analysis of financial statements and income tax returns as well as business advisory services. A portion of the practice dealt with special engagements such as merger and acquisitions, systems installation and assistance in obtaining credit facilities. Past Member of the American Institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants and the Dade County Chapter of Certified Public Accountants. V Member of the Board of Directors of World Fuel Service Corporation (NTSE) since 199,5. Currently serving on audit and compensations committees. Atlantic 1I1. At The Point, Condominium Association — Treasurer and Director. LAW OFFICES OF Ivy R. GINSBERG, P.A. Board Certified in Criminal Appeals 3610 YACHT CLUB DRIVE, #602 Aventura, Florida 33180 Phone: 305. 931.7408 FAX: 305.918.8928 November 7, 2011 Mr. Eric M. Soroka Office of the City Manager Government Center 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Police Pension Board of Trustees Dear Mr. Soroka: 15500 NEW BARN ROAD Miami Lakes, FL 33014 -2177 Email: Ivyginsberg@gmail.com Enclosed please find my application and resume for consideration to serve on the Aventura Police Pension Board of Trustees. As a lawyer and a business major with a degree in Finance, I have an interest in finance and investments. In addition to my legal experience, I serve as an Arbitrator for the Financial Industry Regulatory Authority (FINRA) Dispute Resolution. I also represented former City of Miami Police Chief, Donald Warshaw, on appeal from a finding by the City of Miami Police Pension Trustees that he was required to forfeit his pension as a result of his criminal conviction for mail fraud. If you would like to schedule an interview or contact me for further information, I can be reached at (305) 931 -7408 or (305) 331 -8477. Sincerely, Ivy R. Ginsberg CITY OF AVENTURA APPLICATION FOR AVENTURA POLICE PENSION BOARD OF TRUSTEES A` . tt Potential board members must be registered voters who have resided in the City of Aventura for six (6) months immediately prior to an appointment to the Board. Applicants should have expressed interest and /or experience in finance, investments andlor familiarity with pension plans. Name of Applicant: Address: R1 Print)( Home Phone: ��5 t 131 -"7 4o �� Email Address- IV ns �j 2 n ma i l C-t Business Name: yL� 1 . �I 4�5G _ Occupation:�� -� Business Address'—Z& 1 0 Virf,4 �'�' �� b Business Phone: ��� ' 3 3 (" ��f -1 Fax: If Retired, list former business name, address and position: Qualifications: fVl o&"r 'm4'(k i,i (Briefly de cripe the s cific expertise and /or abilities you can contribute as a member of this io r .) /�' ) . -. , n.. ..1 -1 _ A 1, Please attach a resume along with your application. 1 understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. 1 understand that all board appointments are for voluntary, uncompensated services and I will be subject to the requirements of the State of Florida Financial Disclosure Requirements. Signatur of Applicant � Date Fax or Mail completed application & resume to: Office of the City Manager Government Center 19200 West Country Club Drive, Aventura, FL 33180 (305) 466 -8910 (305) 466 -8919 Fax IVY R. GINSBERG Board Certified - Criminal Appeals since 1993 3610 Yacht Club Drive Telephone: 305. 331-8477 Fax: 305.918.8928 Suite 60� E -Mail: Aventura, Florida 33180 ivyginsberg@gmail.com EDUCATION University of Florida College of Law Gainesville Florida Juris Doctor May 1986 Selected to Honor Roll - Spring 1986. University of Florida Gainesville Florida Bachelor of Science in Business Administration - Finance Dec. 1982 GPA: 3.714.0 ; Magna Cum Laude Activities: Business Administration College Council Vice President Gator Expo Committee Chairman Delta Sigma Pi Professional Fraternity LEGAL EXPERIENCE Dutton Law Group, P.A. Miami Florida April 2010 - Present Part -time Associate in insurance defense law firm concentrating in appellate practice and litigation support in first -party and third -party personal injury and casualty defense litigation, including automobile liability, premises liability, commercial general liability, and other related litigation. Smith Hiatt & Diaz P.A. Ft. Lauderdale Florida March 2009- Present Part -time Contract attorney handling foreclosure appeals on behalf of lenders, investment trusts, and loan servicing companies. Office of the General Counsel Miami Gardens Florida Jan. 2008- Feb.2009 United Automobile Insurance Company In house Appellate Counsel for insurance company responsible for preparing one hundred (100) briefs in personal injury protection cases and arguing twenty (20) appeals at oral argument. My duties also included providing litigation support and legal advice to fifty (50) trial attorneys. Law Offices of Yale L. Galanter, P.A. Fort Lauderdale Florida March 2005- Nov.2005 Part-time contract attorney on complex conspiracy and federal securities fraud case representing a Chief Executive Officer of a major corporation with multiple co- defendants including officers and attorneys for AOL. Responsible for litigation support on various pre -trial motions. IVY R. GINSBERG RESUME, Page 2 Law Offices of Ivy R. Ginsberg, P.A. Miami,Florida July 1995- Dec.2007 As a solo practitioner, responsible for all phases of criminal representation in the trial and appellate courts. Significant Cases: Warshaw v. The City of Miami, 885 So. 2d 892 (Fla. 3d DCA 2004); United States v. Andrew Perez, 473 F.3d 1147 (11th Cir. 2006). Department of Juvenile Justice, Senior Attorney Miami, Florida May 1994- Ju1y1995 Juvenile justice and mental health litigation. Labor and employment litigation. Advise department management and staff on legal issues. Drafted and reviewed contracts. Attended Land use and zoning hearings. Responsible for Appellate and administrative proceedings Third District Court of Appeal Miami, Florida Jan. 1993- Aprill994 Senior Law Clerk for Judge David Gersten Researched and drafted legal memoranda and draft opinions for civil and criminal appeals, petitions for writ of certiorari, and writs of prohibition. Attended arguments and reviewed legal issues with judge. Office of The Attornev General, Criminal Appeals Miami, Florida May 1987 -Dec. 1992 Senior Assistant Attorney General Represented the State on appeals in 175 reported decisions. Argued oral arguments before Third and Fourth District Courts of Appeal, Supreme Court of Florida and Eleventh Circuit Court of Appeals in over 100 cases. Prepared briefs and responses to extraordinary writs and habeas petitions In -house CLE Instructor for the Exclusionary Rule. Conducted trial as Pro Bono Attorney for HRS in Children's Rights Case. Richard & Richard. P.A., Miami, Florida Sept. 1986 -May 1987 Law Clerk Participated and attended trial in complex class action commercial litigation case involving condominium association vs. developer Responsible for drafting pleadings, motions and litigation support documents. Alachua Countv Public Defender's Office Gainesville, Florida Jan. 1986 -May 1986 Certified Legal Intern Responsible for all phases of representation of clients including research and drafting of motions and pleadings and misdemeanor trials. IVY R. GINSBERG RESUME, Page 3 Stephen B Rakusin P.A. Gainesville, Florida Jan. 1985 -Dec. 1985 Law Clerk Drafted pleadings, attended depositions and motion hearings in construction and commercial litigation cases. Assisted in updating Creditors Rights and Bankruptcy and Mechanic Lien Law manuals. Participated in motion hearings and trial preparation. Honorable Judge Robert C. Abel Jr. (17th Judicial Circuit Ft. Lauderdale, Florida May 1984 -Aug. 1984 Judicial Intern Prepared and analyzed legal memoranda involving various areas of civil litigation. Observed trials and consulted with judge regarding legal issues. PUBLICATIONS Co- Author of Criminal Law Practice and Procedure Update for the Bridge the Gap Seminar 1996, 1999 Author of "Florida's Child Victim Hearsay Exception and Idaho v. Wright: Are They Reconcilable ?" Criminal Law Section Newsletter, Vol XV, No. 3, June 1992 Author of "Statements in Criminal Cases: When and Whose Statements Can Be Used Against You ? "; Florida Bar Journal, June, 1991 Editor of the Florida Criminal Law Journal for the Criminal Law Section of the Florida Bar from June 1996- June 2000 and June 2005 - June 2008 ORGANIZATIONS, MEMBERSHIPS, AND COMMUNITY SERVICE The Florida Bar Committees Florida Bar Journal Editorial Board, 2008 -2010 Florida Rules of Criminal Procedure Committee, 1993- 2000 Chair, Subcommittee III Rules 3.220- 3.240, 1999 -2000 Committee Secretary, 1997 -1998 Florida Rules of Appellate Procedure Subcommittee on Criminal Appellate Rules. Sections Criminal Law, 1988 - Present Criminal Law Section Executive Council, 1997 -2000, 2005 -2008 Appellate Practice Section, 1997- Present International Law, 1989 -1995 Entertainment Arts & Sports Law, 1987 -1991 Government Lawyers, 1992 -1993 IVY R. GINSBERG RESUME, Page 4 Dade County Bar Association Chair, Juvenile Court Committee, 1999 -2000 Member of International Law, Appellate Court, and Law Week Committees 1990 -1991 Other Associations Florida Association of Criminal Defense Lawyers - Miami Chapter, 1996- Present Florida Association of Women Lawyers Executive Council- Dade County, 2002 -2003 Member, 2006 -2010 The Federalist Society, 2011 Big Brothers, Big Sisters of South Florida, Mentor, 2011 Fundraising Committee for ORT honoring Zev Auerbach, 2006 The Elephant Forum, 1999 -2002 Alliance for Ethical Government: Education Task Force Member, 1999-2001 Aventura Chamber of Commerce, 1999 -2000 Downtown Bay Forum, 1999 -2001 Dade County Juvenile Justice Council, Executive Committee, 1995 -1999 Dade County Juvenile Justice Chairman, 1996 -1997 Pro Bono Work Co- counsel with Barry C. Scheck and the Innocence Project on Post - Conviction DNA case State v. Richard McKinley, 2001 -2003 BAR ADMISSIONS Florida Bar, October 20, 1986 United States District Court, Southern District of Florida, April 8, 1987 United States Court of Appeals for the Eleventh Circuit, August 31, 1987 Supreme Court of the United States, August 1, 2005 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2004 -07 established a Police Officers' Retirement Plan; and WHEREAS, in accordance with the provisions of Ordinance No. 2004 -07, two members of the Board of Trustees of the Police Officers' Retirement Plan shall be appointed by the City Commission from a list provided by the City Manager; and WHEREAS, in accordance with the provisions of Ordinance No. 2004 -07, in the event of a vacancy, a replacement shall be chosen in the same manner as the person who has left office; and WHEREAS, the City Commission wishes to provide for the appointment of a member to the Police Officers' Retirement Plan to replace the Commission's appointee, Craig Shapiro, who has resigned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby appoints Alan Greenfield to serve as one of its appointees to the Board of Trustees of the City of Aventura Police Officers' Retirement Plan to replace Craig Shapiro, who has resigned. 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 Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 3`d day of January, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms TLel "_ 1 M UT-1 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City age DATE: December 12, 2011 SUBJECT: Resolution Authorizing Executio of an Interlocal Agreement Between the Miami -Dade County Clerk of Courts and the City for the Transmission of Electronic Citations January 3, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of an Interlocal Agreement between the Miami -Dade County Clerk of the Courts and the City for the transmission of electronic citations. The Interlocal Agreement outlines the responsibilities of law enforcement agencies, the Clerk's Office and includes specifications for the follow -up paper copy and bar code requirements. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1763 -11 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI -DADE COUNTY CLERK OF COURTS TO PROVIDE TRANSMISSION OF ELECTRONIC CITATIONS; 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 authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and Miami -Dade County Clerk of Courts for transmission of electronic citations. Section 2. The City Manager is 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 , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Resolution No. 2012-. Page 2 PASSED AND ADOPTED this 3rd day of January, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this day of , by and between MIAMI -DADE COUNTY CLERK OF COURTS, a political subdivision of the State of Florida (hereinafter referred to as the "CLERK'S OFFICE") and the CITY /AGENCY under the State of Florida, (hereinafter referred to as the "CITY /AGENCY ") WITNESSETH: WHEREAS, the Miami -Dade County Clerk's Office is vested with the intergovernmental jurisdiction to manage the Traffic Violations Bureau (herein referred to as the "TVB "), which oversees the collection, the disbursement of traffic violation revenues, and the processing of all traffic court related documents; and WHEREAS, in order to capture revenue lost due to illegibility or issue error, as well as to enhance productivity, the Clerk's Office in coordination with all Miami -Dade County cities and other agencies has proposed to integrate the systems of the various entities; and WHEREAS, the CLERK'S OFFICE intends to provide e- citation integration services at no expense to the CITY /AGENCY, and will operate an electronic citation integration seiner (hereinafter referred to as the "SYSTEM ") for use by the Office of the Clerk (Traffic Violations Bureau); and WHEREAS, the CITY /AGENCY desires to be a part of the CLERK'S OFFICE e- citation integration server; and WHEREAS, the CLERK'S OFFICE and the CITY /AGENCY both endeavor to provide their citizens with the best possible traffic enforcement services supported by up -to -date technology, NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the CLERK'S OFFICE and the CITY /AGENCY do hereby agree to fully and faithfidly abide by and be bound by the following terms and conditions: Page 1 ARTICLE ONE Resnonsibilities of the Miami -Dade County Clerk's Office The CLERK'S OFFICE agrees to: 1. Implement and maintain the e- citation integration server, which will allow cities/agencies to transfer all e- citation and attendant document data. 2. Ensure that once the SYSTEM has been tested and is fully operational, the CLERK'S OFFICE will make satisfactory arrangements to ensure that the components of the integration server will be serviced when necessary. 3. Provide trained and qualified personnel to operate the SYSTEM at the Clerk's Technical Services Division and provide support to the cities /agencies on a five (5) days a week, 8 hours a day basis (9 A. M. -5 P. M.) 4. Designate a person (hereinafter referred to as "Project Manager ") who will be responsible for handling the SYSTEM, administer the SYSTEM and handle all technical issues arising out of, under, or in connection with the SYSTEM, including but not limited to: processing change orders and modifications to the system; coordinating implementation, installation and maintenance of all equipment necessary to the satisfactory operation of the SYSTEM; and addressing all business and technical issues. S. Designate a person, (herein referred to as "Operational Liaison ") within the Traffic Violations Bureau, who will be responsible for addressing operational and procedural related issues. 6. The Operational Liaison and /or Project Manager will communicate with "Agency Liaison" regarding required system updates and modifications (i.e.: violation code tables updates, etc). Page 2 ARTICLE TWO Responsibilities of the CITY /AGENCY The CITY /AGENCY agrees to: 1. Utilize the CLERK'S OFFICE e- citation integration server and any upgrade(s) thereto, to transmit tickets and related documents within the five (5) days required by F.S. 316.650. 2. Maintain all functional records and accounts that relate to the SYSTEM (including but not limited to system and officer log -in and log -out, starting and ending citation for each officer and shift, citation transmittal sheets, and data upload and download records) in accordance with Generally Accepted Accounting Principals (GAAP), and provide the CLERK'S OFFICE access to said accounts and records for auditing purposes for the duration of the AGREEMENT. The CITY /AGENCY agrees to abide by all guidelines set forth in the Miami -Dade County Clerk's Office E- Citation Process Interface Control Document Version 6.16 (V3) or higher (herein referred to as the "ICD ") hereby made a part of this agreement. (see Attachment A.) 3. Utilize the SYSTEM and participate iii the program as instructed by the CLERK'S OFFICE and as filly as possible during the terms of this AGREEMENT. 4. Operate all components of the SYSTEM in full compliance with all operational manuals, rules, and regulations of the CLERK'S OFFICE, and the TERMS AND CONDITIONS of the CLERK'S OFFICE (see Attachment A) 5. Notify the CLERK'S OFFICE immediately regarding the failure of any components of the SYSTEM. 6. Provide a designated person along with a back -up person (herein referred to as "Agency Liaisons ") for communication with the CLERK'S OFFICE, the CLERK'S TECHNICAL SERVICES DIVISION, and/or the TVB; and to communicate and train officers on proper issuance and transmission of electronic citations. 7. Once contacted by the Clerk's Office, regarding modifications to the ICD (including but not limited to violation codes tables etc.) the city /agency agrees to make all necessary changes within 24 hours and to download all changes to agency equipment. Page 3 8. Once the offices of a City /Agency provide e- citations thru the "SYSTEM ", all required and signed paper follow -up citation copies will be filed with a transmittal sheet (as provided in the ICD). This e- citations transmittal will be separate from handwritten non - electronic citations, and will be clearly marked as "E- CITATION FOLLOW -UP COPY ". The e- citation follow -up copies will NOT be processed as the charging document; it will only be placed in the court file. 9. Select and purchase or build a traffic e- citation issuance system that is compliant with the requirements outlined in Attachment A. 10. Modify the traffic e- citation issuance system, either by the City /Agency or the vendor that supplied such system, to be compliant with any changes required by the SYSTEM. 11. Test the integration between the traffic e- citation issuance system and the SYSTEM for a period of 10 business days or until such time as the Clerk's Office and City /Agency agree to process transactions in a production environment. 12. Understand that a citation that is rejected by the SYSTEM will not have a case file opened. The rejected citation must be corrected within the traffic e- citation issuance system and resubmitted to the SYSTEM. 13. Acknowledge that if a Law Enforcement Agency (LEA) uses automated citations but those citations are NOT electronically transmitted then, the e- citation paper must be filed with the Clerk of Courts in a separate transmittal where it is clearly indicated "NOT ELECTRONICALLY TRANSMITTED ". These citations must conform to requirements specified below (see sections A & B) regarding bar code, paper size, and paper quality. Information on citations must be standardized following Florida Uniform Traffic Citation (FUTC) format. 14. If a LEA uses automated citations that are electronically transmitted, the electronically filed e- citation will be the officially filed charging document. The follow -up paper copies of the e- citation, which will contain the defendant and officer signatures, and fingerprint if necessary, must be filed with the Clerk of Courts in a separate transmittal where it is clearly indicated "E- CITATION FOLLOW -UP COPY ". These citations must conform to requirements specified below (see sections A & B) regarding bar code, paper size, and paper quality. Information on citations must be standardized following FUTC format. Page 4 A. Agency "E- CITATION FOLLOW -UP COPY" Paper Requirements: Automated Paper Citations, submitted as follow -up copies ( #14 above), or as interim FUTC's (#13 above) must adhere to the following specifications: 1. Size — Preferably the size of current Florida Uniform Traffic Citation, which is 8.5" by 4.25" We cannot accept sizes smaller than this. However, we do accept citations in 8.5" by 11" format in which the front of the citation is printed on the left panel and the back of the citation is printed on the right panel, per the Florida highway Patrol (FHP) standard. 2. Ream Weight =15 to 30 lb paper. 3. Thermal Paper of any kind is not acceptable as it curls, fades and cannot be scanned reliably. 4. All documents/papers (carbonless, etc) must be rubber roller safe - Ingredients used in paper and ink should not interact chemically with rubber - essentially they should be chemically inert.) 5. Leading edge of paper documents exiting printing devices can not curl up more than 3mm or curl down more than 5mm over a 30mm span from the edge of the paper. 6. All print must be in black ink. B. Automated Bareode Requirements: 1. The barcode must be of good enough quality to be read by standard barcode scanners. 2. Clerk's Office Standard Code is 3 of 9 (also known as "code39" or "USD -3 ") - Current "de- facto" Standard with a 3:1 ratio Code 3 of 9 is an alphanumeric, self- checking, variable- length bar code that uses five black bars and four white bars to define a character. Three bars are wide and six are narrow. A character is represented by nine elements. An inter- character gap separates each character. Start and stop characters are depicted as asterisks ( *) and are used to delineate the bar code. The bar code is preceded and followed by quiet zones. A check character is optional. Code 3 of 9 supports 26 uppercase letters, 10 digits, and 7 special characters which include: - . $ / + % (space). Page 5 ARTICLE THREE Right to Offset If the CITY /AGENCY fails to meet any of its obligations as set forth in this AGREEMENT and as determined by the CLERK'S OFFICE, and after notice to the delinquent CITY /AGENCY and the providing of thirty (30) days to meet its obligations, if the CLERK'S OFFICE incurs costs, expenses or damages as a result of such failure, the CLERK'S OFFICE, in addition to any other remedies, -reserves the right to offset any sums due the CITY /AGENCY from any traffic ticket revenue source in an amount equal to the CLERK'S OFFICE expenses. ARTICLE FOUR Correspondence It is understood and agreed that any official notices that result from or are related to this AGREEMENT must be in writing and shall only be considered delivered when done so by certified mail to: CITY/AGENCY COUNTY City of Traffic Violations Bureau 1351 NW 12th St., Suite 8500 Florida Miami, Florida 33125 Attention: ,City Manager Attention: Manuel Caran es, Director cc: , Chief of Police ARTICLE FIVE Settlement of Disputes The parties agree that the Clerk of Courts shall be the administrator of this AGREEMENT, but that all questions, difficulties and disputes, of whatever nature, which may arise under or by reason Page 6 of this AGREEMENT and the rendering of services and performance of obligations hereunder, shall be subject to the parties' obligation to mutually discuss and /or mediate any such matters that may arise within thirty (30) days of a request by either party to resolve any pending matter or issue. Following the expiration of the thirty (30) day discussion/mediation period, nothing contained in this AGREEMENT shall prevent either party from seeking relief through a court of competent jurisdiction. ARTICLE SIX Terms of the Aereement The term of this AGREEMENT shall be for an initial period of three (3) years, with automatic renewals each year thereafter. However, this AGREEMENT may be terminated by either party hereto by providing the other party with thirty (30) days advance written notice. All of its terms and conditions shall remain in full force and effect until such time that the AGREEMENT is terminated or modified by mutual consent or either party. ARTICLE SEVEN Assignments The CITY'S /AGENCY'S obligations hereunder are not assignable. The CITY /AGENCY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of its rights under the AGREEMENT, or any interest in any portion of same, without the prior written consent of the CLERK'S OFFICE, which consent will not be unreasonably withheld. Page 7 ARTICLE EIGHT Complete Agreement No representations or warranties shall be binding upon either party unless expressed in writing herein. ARTICLE NINE Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the parties and the Clerk of Courts as AGREEMENT administrator. MIAMI -DADE COUNTY, FLORIDA CITY /AGENCY OF CLERK OF COURTS BY: BY: HARVEY RUVIN, CLERK OF COURTS ATTEST: ATTEST: Page 8 CITY MANAGER CITY CLERK AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this day of , by and between MIAMI -DADE COUNTY CLERK OF COURTS, a political subdivision of the State of Florida (hereinafter referred to as the "CLERK'S OFFICE ") and the CITY /AGENCY under the State of Florida, (hereinafter referred to as the "CITY /AGENCY ") WITNESSETH: WHEREAS, the Miami -Dade County Clerk's Office is vested with the intergovernmental jurisdiction to manage the Traffic Violations Bureau (herein referred to as the "TVB'% which oversees the collection, the disbursement of traffic violation revenues, and the processing of all traffic court related documents; and WHEREAS, in order to capture revenue lost due to illegibility or issue error, as well as to enhance productivity, the Clerk's Office in coordination with all Miami -Dade County cities and other agencies has proposed to integrate the systems of the various entities; and WHEREAS, the CLERK'S OFFICE intends to provide e- citation integration services at no expense to the CITY/AGENCY, and will operate an electronic citation integration server (hereinafter referred to as the "SYSTEM ") for use by the Office of the Clerk (Traffic Violations Bureau); and WHEREAS, the CITY /AGENCY desires to be a part of the CLERK'S OFFICE e- citation integration server; and WHEREAS, the CLERK'S OFFICE and the CITY /AGENCY both endeavor to provide their citizens with the best possible traffic enforcement services supported by up -to -date technology, NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the CLERK'S OFFICE and the CITY /AGENCY do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: Page I ARTICLE ONE Responsibilities of the Miami -Dade County Clerk's Office The CLERK'S OFFICE agrees to: 1. Implement and maintain the e- citation integration server, which will allow cities /agencies to transfer all e- citation and attendant document data. 2. Ensure that once the SYSTEM has been tested and is fully operational, the CLERK'S OFFICE will make satisfactory arrangements to ensure that the components of the integration server will be serviced when necessary. 3. Provide trained and qualified personnel to operate the SYSTEM at the Clerk's Technical Services Division and provide support to the cities /agencies on a five (5) days a week, 8 hours a day basis (9 A. M. -5 P. M.) 4. Designate a person (hereinafter referred to as "Project Manager ") who will be responsible for handling the SYSTEM, administer the SYSTEM and handle all technical issues arising out of, under, or in connection with the SYSTEM, including but not limited to: processing change orders and modifications to the system; coordinating implementation, installation and maintenance of all equipment necessary to the satisfactory operation of the SYSTEM; and addressing all business and technical issues. 5. Designate a person, (herein referred to as "Operational Liaison ") within the Traffic Violations Bureau, who will be responsible for addressing operational and procedural related issues. 6. The Operational Liaison and /or Project Manager will communicate with "Agency Liaison" regarding required system updates and modifications (i.e.: violation code tables updates, etc). Page 2 ARTICLE TWO Responsibilities of the CITY /AGENCY The CITY /AGENCY agrees to: 1. Utilize the CLERK'S OFFICE e- citation integration server and any upgrade(s) thereto, to transmit tickets and related documents within the five (5) days required by F.S. 316.654. 2. Maintain all functional records and accounts that relate to the SYSTEM (including but not Iinuted to system and officer log -in and log -out, starting and ending citation for each officer and shift, citation transmittal sheets, and data upload and download records) in accordance with Generally Accepted Accounting Principals (GAAP), and provide the CLERK'S OFFICE access to said accounts and records for auditing purposes for the duration of the AGREEMENT. The CITY /AGENCY agrees to abide by all guidelines set forth in the Miami -Dade County Clerk's Office E- Citation Process Interface Control Document Version 6.16 (V3) or higher (herein referred to as the "ICD ") hereby made a part of this agreement. (see Attachment A.) 3. Utilize the SYSTEM and participate in the program as instructed by the CLERK'S OFFICE and as filly as possible during the terms of this AGREEMENT. 4. Operate all components of the SYSTEM in full compliance with all operational manuals, rules, and regulations of the CLERK'S OFFICE, and the TERMS AND CONDITIONS of the CLERK'S OFFICE (see Attaclunent A) 5. Notify the CLERK'S OFFICE immediately regarding the failure of any components of the SYSTEM. 6. Provide a designated person along with a back -up person (herein referred to as "Agency Liaisons ") for communication with the CLERK'S OFFICE, the CLERK'S TECHNICAL SERVICES DIVISION, and/or the TVB; and to communicate and train officers on proper issuance and transmission of electronic citations. 7. Once contacted by the Clerk's Office, regarding modifications to the ICD (including but not limited to violation codes tables etc.) the city /agency agrees to make all necessary changes within 24 hours and to download all changes to agency equipment. Page 3 8. Once the offices of a City /Agency provide e- citations thru the "SYSTEM ", all required and signed paper follow -up citation copies will be filed with a transmittal sheet (as provided in the ICD). This e- citations transmittal will be separate from handwritten non - electronic citations, and will be clearly marked as 11E- CITATION FOLLOW -UP COPY ". The e- citation follow -up copies will NOT be processed as the charging document; it will only be placed in the court file. 9. Select and purchase or build a traffic e- citation issuance system that is compliant with the requirements outlined in Attachinent A. 10. Modify the traffic e- citation issuance system, either by the City/Agency or the vendor that supplied such system, to be compliant with any changes required by the SYSTEM. 11. Test the integration between the traffic e- citation issuance system and the SYSTEM for a period of 10 business days or until such time as the Clerk's Office and City/Agency agree to process transactions in a production environment. 12. Understand that a citation that is rejected by the SYSTEM will not have a case file opened. The rejected citation must be corrected within the traffic e- citation issuance system and resubmitted to the SYSTEM. 13. Acknowledge that if a Law Enforcement Agency (LEA) uses automated citations but those citations are NOT electronically transmitted then, the e- citation paper must be filed with the Clerk of Courts in a separate transmittal where it is clearly indicated "NOT ELECTRONICALLY TRANSMITTED ". These citations must conform to requirements specified below (see sections A & B) regarding bar code, paper size, and paper quality. Information on citations must be standardized following Florida Uniform Traffic Citation (FUTC) format. 14. If a LEA uses automated citations that are electronically transmitted, the electronically filed e- citation will be the officially filed charging doewnent. The follow -up paper copies of the e- citation, which will contain the defendant and officer signatures, and fingerprint if necessary, must be filed with the Clerk of Courts in a separate transmittal where it is clearly indicated "E- CITATION FOLLOW -UP COPY ". These citations must conform to requirements specified below (see sections A & B) regarding bar code, paper size, and paper quality. Information on citations must be standardized following FUTC format. Page 4 A. Agency "E- CITATION FOLLOW -UP COPY" Paper Requirements: Automated Paper Citations, submitted as follow -up copies ( #14 above), or as interim FUTC's ( #13 above) must adhere to the following specifications: 1. Size — Preferably the size of current Florida Uniform Traffic Citation, which is 8.5" by 4.25" We cannot accept sizes smaller than this. However, we do accept citations in 8.5" by 11" format in which the front of the citation is printed on the left panel and the back of the citation is printed on the right panel, per the Florida highway Patrol (FHP) standard. 2. Ream Weight =15 to 30 lb paper. 3. Thermal Paper of any kind is not acceptable as it curls, fades and cannot be scanned reliably. 4. All documents /papers (carbonless, etc) must be rubber roller safe - Ingredients used in paper and ink should not interact chemically with rubber - essentially they should be chemically inert.) 5. Leading edge of paper documents exiting printing devices can not curl up more than 3mm or curl down more than 5mm over a 30min span from the edge of the paper. 6. All print must be in black ink. B. Automated Barcode Requirements: 1. The barcode must be of good enough quality to be read by standard barcode scanners. 2. Clerk's Office Standard Code is 3 of 9 (also known as "code39" or "USD -3 ") - Current "de- facto" Standard with a 3:1 ratio Code 3 of 9 is an alphanumeric, self- checking, variable - length bar code that uses five black bars and four white bars to define a character. Three bars are wide and six are narrow. A character is represented by nine elements. An inter- character gap separates each character. Start and stop characters are depicted as asterisks ( *) and are used to delineate the bar code. The bar code is preceded and followed by quiet zones. A check character is optional. Code 3 of 9 supports 26 uppercase letters, 10 digits, and 7 special characters which include: - . $ / + % (space). Page 5 ARTICLE THREE Rip-lit to Offset If the CITY /AGENCY fails to meet any of its obligations as set forth in this AGREEMENT and as determined by the CLERK'S OFFICE, and after notice to the delinquent CITY /AGENCY and the providing of thirty (30) days to meet its obligations, if the CLERK'S OFFICE incurs costs, expenses or damages as a result of such failure, the CLERK'S OFFICE, in addition to any other remedies, reserves the right to offset any sums due the CITY /AGENCY from any traffic ticket revenue source in an amount equal to the CLERK'S OFFICE expenses. ARTICLE FOUR Correspondence It is understood and agreed that any official notices that result from or are related to this AGREEMENT must be in writing and shall only be considered delivered when done so by certified mail to: CITY /AGENCY COUNTY City of Traffic Violations Bureau 1351 NW 12th St., Suite 8500 Florida Miami, Florida 33125 Attention: ,City Manager Attention: Manuel Carames, Director cc: , Chief of Police ARTICLE FIVE Settlement of Disputes The parties agree that the Clerk of Courts shall be the administrator of this AGREEMENT, but that all questions, difficulties and disputes, ofwhatever nature, which may arise under or by reason Page 6 of this AGREEMENT and the rendering of services and performance of obligations hereunder, shall be subject to the parties' obligation to mutually discuss and/or mediate any such matters that may arise within thirty (30) days of a request by either party to resolve any pending matter or issue. Following the expiration of the thirty (30) day discussion/mediation period, nothing contained in this AGREEMENT shall prevent either party from seeking relief through a court of competent jurisdiction. ARTICLE SIX Terms of the Agreement The term of this AGREEMENT shall be for an initial period of three (3) years, with automatic renewals each year thereafter. However, this AGREEMENT may be terminated by either party hereto by providing the other party with thirty (30) days advance written notice. All of its terms and conditions shall remain in full force and effect until such time that the AGREEMENT is terminated or modified by mutual consent or either party. ARTICLE SEVEN Assignments The CITY' S /AGENCY'S obligations hereunder are not assignable. The CITY /AGENCY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of its rights under the AGREEMENT, or any interest in any portion of same, without the prior written consent of the CLERK'S OFFICE, which consent will not be unreasonably withheld. Page 7 ARTICLE EIGHT Complete Aareement No representations or warranties shall be binding upon either party unless expressed in writing herein, ARTICLE NINE Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the parties and the Clerk of Courts as AGREEMENT administrator. MIAMI -DADE COUNTY, FLORIDA CITY /AGENCY OF CLERK OF COURTS I: HARVEY RUVIN, CLERK OF COURTS /: M Page 8 : ATTEST: CITY MANAGER CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I -C City Manager BY: Joanne Carr, AICP Community Develop Director DATE: December 2, 2011 SUBJECT: Request of Louis Vuitton Global Store for Sign Variance Aventura Mall 19501 Biscayne Boulevard, City of Aventura (01- SV -12) January 3, 2011 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit two walls signs measuring a total of 74.49 square feet; where one wall sign measuring 75 square feet is permitted by Code for an exterior access regional mall tenant, with the condition that the sign variance approval is granted exclusively to the Louis Vuitton store, with the condition that the signs substantially comply with the following plans submitted with this application: • Louis Vuitton Aventura Mall Global Store, General Project Information, Sheet SV -00, prepared by Atmosphere Design & Architecture, PLLC. • Louis Vuitton Aventura Mall Global Store, Signage Plans and Details, Sheet SV -001, prepared by Atmosphere Design & Architecture, PLLC. • Louis Vuitton Aventura Mall Global Store, Existing Site Plan & Signage Photo Key Plan, Sheet SV -002, prepared by Atmosphere Design & Architecture, PLLC. THE REQUEST The applicant, Atmosphere Design Group, LLC, on behalf of Louis Vuitton, is requesting variance from Section 31- 191(g)(8)b. of the City Code to permit two wall signs for an exterior access tenant in the Aventura Mall located at 19501 Biscayne Boulevard, where one wall sign is permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Atmosphere Design Group LLC. for Louis Vuitton LOCATION OF PROPERTY 19501 Biscayne Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Tract R and Portions of Tract Q, Aventura 6t" Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami - Dade County, Florida (See Exhibit #3 for complete legal description) ZONING Subject Property: B2 Community Business District Properties to the North: B2 Community Business District, and CF Community Facilities District Properties to the South: B2 Community Business District Properties to the East: B2 Community Business District Properties to the West: U Utilities District EXISTING LAND USE Subject property: Regional Mall Properties to the North: Properties to the South: Properties to the East: Properties to the West: Library & Fire Station Retail & Office Retail, Office & Hotel FEC Railway Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Business and Office 2 The Site - The subject site is an 18,152 square foot tenant space in the Aventura Mall at 19501 Biscayne Boulevard. This tenant space will have exterior access on the second level. The Project — The applicant is proposing to open a two- story, 18,152 square foot retail store in the Aventura Mall. A new facade treatment and a 308 square foot expansion to accommodate the VIP room has received administrative site plan approval from the City. The new facade will face south and wrap around to the east, with the exterior access door on the east side. The applicant requests one reverse channel letter wall sign reading "Louis Vuitton" on the south elevation measuring 68.34 square feet and a second reverse channel letter wall sign featuring the Louis Vuitton logo, measuring 6.15 square feet, on the east elevation. The total area of wall signage proposed is 74.49 square feet. The proposed sign package is attached as Exhibit #4 Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written or verbal citizen comments. ANALYSIS Section 31- 191(g)(8)b. of the City Code regulates wall signs at a regional mall. Exterior access tenants are permitted one wall sign with a maximum size of 75 square feet consisting of reverse or channel letters or external illumination. The applicant requests approval to install two wall signs on its exterior facade, one of which will face south and the other will face east. The total area of both requested wall signs, at 74.49 square feet, is less than the 75 square feet that is allowed by Code for one wall sign. The criteria for approval of sign variances are set out in Section 31- 1910)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." The proposed sign on the south facade will indicate the store name, Louis Vuitton. The proposed sign on the east side will display the Louis Vuitton logo. The exterior access door to the store is on the east elevation. The south facade sign will provide direction to those approaching from the mall parking areas. The east facade sign will then direct customers to the exterior door. The total area of the two proposed signs does not exceed the permitted size of 75 square feet for one wall sign at this location. 3 This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The signs are compatible with surrounding land uses, will not be detrimental to the community and will effectively index the environment. The two wall signs will direct customers approaching the mall from both the south and east of the tenant space. M Attn: Joanne Carr, AICP Director Community Development Department City of Aventura 19200 W. Country Club Drive Aventura FL 33180 Re: Sign Variance — Letter of Intent Louis Vuitton Project, Aventura Mall 19501 Biscayne Blvd Aventura FL 33180 Dear Ms. Carr, �ATMOSPHERE DESIGN GROUP LLC VWN1 LIOZ I � 1 "nIN3AV :1O A110 1N3WdOl3A3a A 1Nnmoo Louis Vuitton is relocating to the Aventura Mall and has secured an 18,152 square foot space within the Center. This space will have an exterior storefront of 86 lineal feet. The exterior facade is proposed to extend outward from the building (under a separate application for administrative site plan approval), and will have separate entrance from the exterior. The said outward extension will require a primary signage to identify the brand, and due to the location of the entrance from the sidewalk (located towards the right side of the outward extension), Louis Vuitton would like to have another identifying logo to increase its visibility from the valet entrance of the mall located immediately towards the right side of the space. Given that this extension creates a second elevation to this facade, we would like to request for a sign variance for the second sign. We will hold to the maximum area of 75 square feet for both signs as prescribed by Article IX Section 31 -191 sub section J.8.b of the sign ordinance of the City of Aventura. Louis Vuitton being a globally established and reputable luxury brand known for cutting edge store design, the proposed signage and exterior facade treatment will enhance and improve the overall architecture of the existing building. This will most likely generate a lot of interest on this center and raise the overall shopping experience for your constituents. Since there is precedence in that Forever 21, another major tenant in this center, has been allowed to have 2 separate signs on the exterior facade. We are seeking for your consideration on this request. Should you have any questions or concerns, please do not hesitate to call me at my contact information below. Respe y, o Gatmaitan Associate Exhibit #1 Atmosphere Design Group LLC O1-SV-12 914 - 244 -1300 x 114 rgatmaitanla)-atmosphere- dq.com 241 LEXINGTON AVENUE, MOUNT KISCO, NEW YORK 10549 T 914 244.1300 F 914 244.0599 W WWW.ATMOSPHERE- DG.COM R E T A I L C O R P O R A T E • R E S I D E N T I A L 0�- Exhibit #3 01 -SV -12 LEGAL DESCRIPTION PARCEL 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL.ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09118" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 0755" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 0755" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION ", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. 1 /4) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF -WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. co -;o m -M I 9 - j1p z mn III's wil on 15�V GI P if! ii Exhibit #4 o m 0 0 ,-' ill M-. 01-SV-12 o 0 X 71 O O 71 m z 0 z U,73 ZT� < Toxin -u C) 0 z m U ZT� j � j � m I 0 2 M Z 0 z T 0 z JIM I I! � § �7 Imo, I sack. HE %� e 1. I, Cl 2 n r� , r Ao ® °N NORTH z Z I l k ` -- -_ - - - -__ o - i - mfIII�II�ilnmmT� TITITrf;lTfff ifrH� - 1 ap f a � � �I IIIII� I ICI _ �fl � 'I w 1, I I I �� II III �11 1 III , 1 I II Ills i 1 �1 J 1 ox O z < A a ¢;H O Fg _ Zmm ,� o ° 5 p� 5i'm x P+ 4- t � ��111 1 , 1.tV ^ I ICI _ �fl � 'I w 1, I I I �� II III �11 1 III , 1 I II Ills i 1 �1 J 1 ox O z < A a ¢;H O Fg _ Zmm ,� o ° 5 p� 5i'm APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) VIw GI;M11Ifl1kl�l't� (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(13)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS DAY OF U11 2CO_ . AUTHORIZED SENTATIVE OF APPLICANT: OWNER By: By: (Si nature) (Signature) Name:_ ki L Name:_ (Print) (Print) Title: ���!�i _ Title:_ Address:_ ATM0KW P Address: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared �bo AkIWOO as a uthorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me dulv,4,wcdh, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Z*v A rF IA SWORN TO AND SUBSCRIBED BEFORE ME this 7 day of (JR.I I , 200_. Notary Public State Ftorida At Large Printed Name of Notary My commission expires: a ' cam' LILIA D. SILVA. 'Notify Public - State of New York No. ,O1 S 16122389 ualified in Westchester County My Comm, Expires Feb. 7. 2013 ` BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the _ (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: Hi i. Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ j iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [) v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS AND THIS I* -DAY OF _DeC4ZYrJ>Lr 200. APPLICANT: By: (Signature) Name: (Print) Title: A5S ©G I AfW __ (Print) WITNESS MY HAND THIS DAY OF PROPERTY OWNER: By:_ _ _ (Signature) Name: _ _ (Print) Title: (Print) E7A _ New York 12i3o4 chester County s Feb. 7 2013 - 200_. `The terms "Business Relationship," "Client, " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aveniura City Code. WITNESS MY NAND THIS __! DAY OF '/ _ AJ_L _, 200_. REPRESENT (Listed on Business Relationship Affidavit) By:__ _ (Signature) By:__. _ (Signature Name:, VAIV (Print) Name:__!__ (Print) Title:__Afiw (Print) Title:– By:_____ (Signature) Name: (Print) Title:_ (Print) By: (Signature) Name:_ (Print) Title: _ _(Print) By: (Signature) Title: (Print) Title: (Print) By:____ __(Signature) Title: __ (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By:— _ (Signature Name: (Print) Title:__ By: (Signature Name: _ (Print) Title:____ (Print) (Signature Title: Title: __ (Print) By: _ _ (Signature Title:,__r_ (Print) Title:___v_i_ (Print) By:_ (Signature Title: Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies (Print) 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _Fj__W *the Affiant, g first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this -71--day of W 9i! 200_. Notary Pubrc Slate of Fl(rda At Larg Notary 7,No. •State of New York 1 S 16122389 Printed Name of Notary J Quali1Westchester Countyy My commission expires:_ Co Tres Feb. 7 2013 STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _— day of STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. 200_ SWORN TO AND SUBSCRIBED before me this —, - day of _ ___^ ,._ 200_ STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared_, executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this - __ day of _ __ -_° __,_ _ - 200_ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:__ _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florda At Large Panted Name of Notary My commission expires:-- -,.._._- _ - --° the Affiant, who being first by me duly sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires: - RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR LOUIS VUITTON GLOBAL STORE ON PROPERTY LOCATED AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Atmosphere Design Group LLC for Louis Vuitton Global Store, through Application No. 01- SV -12, has requested a sign variance to permit two wall signs measuring a total of 74.49 square feet on the exterior elevation of its tenant store in the Aventura Mall located at 19501 Biscayne Boulevard, where one wall sign measuring 75 square feet is permitted by Code for exterior access regional mall tenants; 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 for the second wall sign meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. Resolution No. 2012 - Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01 -SV -12 for Sign Variance to permit two wall signs totaling 74.49 square feet on the exterior elevation of the Louis Vuitton Global Store in the Aventura Mall located at 19501 Biscayne Boulevard, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant, with the condition that the signs substantially comply with the following plans submitted with this application: • Louis Vuitton Aventura Mall Global Store, General Project Information, Sheet SV -00, prepared by Atmosphere Design & Architecture, PLLC. • Louis Vuitton Aventura Mall Global Store, Signage Plans and Details, Sheet SV- 001, prepared by Atmosphere Design & Architecture, PLLC. • Louis Vuitton Aventura Mall Global Store, Existing Site Plan & Signage Photo Key Plan, Sheet SV -002, prepared by Atmosphere Design & Architecture, PLLC Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb who moved , and upon being Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 3d day of January, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of January, 2012. CITY CLERK LEGAL DESCRIPTION PAR L 1: TRACT "R ", OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF " AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF " AVENTURA SIXTH ADDITION "; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q "; THENCE SOUTH 87 DEGREES 2729" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF " AVENTURA FOURTH ADDITION ", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94.96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q ", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120.12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL .ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q'�; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19128" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R ", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDITION "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q ", HAVING FOR ITS ELEMENTS A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 1755" WEST FOR 25.00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07,161, WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726.16 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q ", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH it DEGREES 19'21" WEST FOR 10.69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET, THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 0755" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 2729" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHOWN ON THE PLAT OF " AVENTURA FOURTH ADDITION", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 0755" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT, THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA, TO -WIT: THOSE PORTIONS OF TRACT "Q ", AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE- QUARTER (N.W. 1 /4) OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 'Q"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07`21" WEST, A DISTANCE OF 82.872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 0721" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A "; THENCE ALONG THE WEST LINE OF SAID TRACT "Q ", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 0721" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 0721" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI -DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT D" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDITION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDITION ", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT - OF-WAY LINE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229.85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" E FOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL : A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q ", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R ", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Sorok -CM City Manager No Joanne Carr, AICP� Community Development Director DATE: December 6, 2011 SUBJECT: Request to Modify Exhibit "B" and to Extend Term of Chapter 163 Development Agreement Lubavitch Center Aventura South, Inc. NE 185 Street at NE 28 Court, City of Aventura (01- DA -12) January 3, 2012 Local Planning Agency Agenda Item I January 3, 2012 City Commission Meeting Agenda Item 7_ February 7, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve an amendment to the Development Agreement made pursuant to Chapter 163, Florida Statutes, between the owner and the City to modify Exhibit "B" to the agreement detailing the development proposal for the "Lofts Parcel' and to extend the term of the agreement for a 2.5 year period from August 2, 2012 to February 2, 2015; and 2. Authorize the City Manager to execute such amendment to the Development Agreement on behalf of the City. THE REQUEST The applicant, Lubavitch Center Aventura South, Inc., is requesting an amendment to Exhibit "B" of the existing Development Agreement to reflect the current development proposal for a synagogue and residential building on the "Lofts Parcel" and to extend the term of the agreement for a further 2.5 year term from August 2, 2012 to February 2, 2015. (See Exhibit #1 for Letters of Intent) BACKGROUND OWNER OF PROPERTY: NAME OF APPLICANT LOCATION OF PROPERTY HISTORY Lubavitch Center Aventura South Inc. Tract C 28- 2203 - 000 -0231 1.66 acres Brian S. Adler NE 28 Court at NE 185 Street See Exhibit #2 for Location Map In 2003, Merco Group at Aventura Landings received various development approvals relating to the four tracts of land on NE 185 Street at NE 28 Court; those being, the "Townhome Parcel ", the "Condominium Parcel ", the "Lofts Parcel" and the "Outparcel ". The tracts are designated as Medium High Density Residential land use on the City's Future Land Use Map and are zoned RMF4, Multifamily High Density Residential District. As part of the rezoning ordinance in 2003, the City Commission approved a Development Agreement under Chapter 163 of the Florida Statutes. That agreement provided that the owner dedicate land, design and build the extension of NE 185 Street as a necessary public facility and in turn, the agreement conferred to the owner the benefit of preservation of zoning and concurrency during the term of the agreement. The road extension was dedicated and constructed as agreed and is now in use. Exhibit "B" of the Development Agreement detailed the approved development on each of the parcels. The original approved development consisted of a 62 unit townhome parcel south of NE 185 Street and west of NE 28 Court on the "Townhome Parcel ", a 205 unit 19 -story condominium parcel north of NE 185 Street and west of NE 28 Court on the "Condominium Parcel ", and a 138 loft- style, 13 -story apartment south of NE 185 Street and east of NE 28 Court on the "Lofts Parcel ". The property was placed in receivership in October of 2008. The parcels were subsequently sold individually. The 62 unit townhome parcel and the outparcel were completed. A foundation was built on the condominium parcel with no further construction after that time. The applicant has purchased the "Lofts Parcel" and has received conditional use approval to construct a synagogue along with the 138 unit residential units. Its application for administrative site plan approval is in the staff review process. The synagogue is proposed as Phase I, with the residential component of the site planned for construction as a future Phase II. 2 The applicant's new development proposal necessitates an amendment to Exhibit "B" of the Development Agreement to reflect the current plan. No increase in density and no increase in height are requested. The proposed Third Modification to Development Agreement is attached as Exhibit #3. The current description of the "Lofts Parcel" development is: "Lofts Parcel. (South of NE 185th Street and east of current NE 28th Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for 138 loft -style apartment units under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206'10 "." The proposed amended description of the "Loft Parcel" development is: "Lofts Parcel. (South of NE 185th Street and east of current NE 28th Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for a religious facility and 138 residential units (including singularly or a combination of standard residential units, assisted living facilities and independent living facilities) under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10 "." Paragraph 11 of the Development Agreement provides for a term of five (5) years, with extension by mutual agreement in two 2.5 year increments, subject to public hearing approval, provided that the road construction is complete. The original five year term of the agreement expired on February 2, 2010. The road construction was completed within that time. The previous owner requested and was granted another 2.5 year term to August 2, 2012. The applicant is now requesting the remaining two and one half year extension originally contemplated by the agreement, from August 2, 2012 to February 2, 2015, to permit the development of both planned phases of the "Lofts Parcel ". 3 C-4 Bilzin Sumberg Brian S. Adler, Esq. Exhibit #1 Tel 305.350.2351 01-DA-12 Fax 305.351.2206 badler ftilzin. com May 20, 2011 Joanne Carr, Community Development Director City of Aventura 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Lubavitch Center Aventura South, Inc. Property Located at 18449 N.E. 28th Court (the "Property ") Dear Ms. Carr: This firm represents Lubavitch Center Aventura South, Inc. ( "Lubavitch ") as the owner of the Property, identified as Folio No. 28- 2203 - 082 -0670. Lubavitch obtained conditional use approval for a religious facility through City of Aventura Resolution 2011 -47. Lubavitch now has a pending application for administrative site plan approval for its permanent religious facility on the Property. As part of the religious facility approval, Lubavitch must amend the previously executed and currently governing Development Agreement. Therefore, please consider this our companion request to the administrative site plan application for City approval to amend the Development Agreement (as amended) currently governing the Property. As the City is aware, the Property was part of an overall larger development which was approved and subsequently platted as the Merco Aventura Plat at Plat Book 166, Page 58 of the Public Records of Miami -Dade County, Florida. Lubavitch acquired the portion of the overall property known as Tract F. As part of the original approval on the overall property, the property owners and the City of Aventura entered into a Development Agreement governing the development of the Property, along with the other properties in the overall development. A subsequent owner and the City modified the Development Agreement to extend development approval through August 2, 2012. The purpose of our request is 1) to modify the permitted uses attached as Exhibit 'B" to the Development Agreement as it relates to the Property (referenced on Exhibit "B" as the Lofts Parcel), to allow for the development of a religious facility and residential units, including singularly or a combination of standard residential units, assisted living facilities and independent living facilities, and 2) to further extend the term of the Agreement for the Lofts MIAMI 2799600.2 7944535695 12/7/11 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, Suite 2300, Miami, FL 33131.3456 7 ei 305.374.7580 Fax 305.374.7593 Joanne Carr, Community Development Director May 20, 2011 Page 2 Parcel for two and one half (2'/2) years to February 2, 2015 to allow first, for the development of the religious facility and, subsequently the development of the residential portion of the Property. As the City can appreciate, the proposed construction on the Property is anticipated to occur through phases and the residential portion will not be developed until after the religious facility is constructed. Therefore, we are requesting the additional time to allow first, for the development of the religious facility and, second, the residential tower. I have attached a proposed Third Modification to Development Agreement for your review and our discussion. We appreciate the City's consideration of our application. If you wish to discuss the above, please contact me at 305 -350 -2351. Sincerely, Brian S. ier BSA/ee Attachment cc: Morris Kaplan Rabbi Rosenfeld Stanley B. Price, Esquire MIAMI 2799600.2 7944535695 12/7/11 IC 4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP BROWARD COUNTY • � ss. � ss � s•r i s� � 9 N9 V W L T%'ri VT LTi T Mamemi■ DADE COUNT Y I2 Guf stream •+1f TS'f7 VTi•!V Tti`! 1 V7 L ■ :• Park YACHT C B DR. IF :• 1 MARINA • COVE 'v Arentma HARBOR CIRCLE • • Xnsh;rnl ,� - WAY • :• 8• mecdM of �� w E��PY ■ • Center d MA 1� ■ ;� Gj Waterways ■ :. WATERWAYS B Shoppes 207 ST. ■ w COUNTRY CLUB DR, , :• The • Promenade Z/ • Shops m Q ■ IVES DAIRY R0. :. 203 ST. tl • 0 ■ ■ 201 TER. N O 7iunberryIsle • m Resort & Club ■ z :0 AVENTURA O�vD P U v O • • Fire a y • b �• Rescue Avenlw•a h r ;■ Station Library 2 3 O` 3 • ■ :. Aventui-a Mall • J � ■ O YpCfiT ?`� • t, City of Aventura U LOB `� • 1. Government Genier WY' • 192 ST, WILL4AM LEVI Q • 192 ST. 191 ST. q i w S TIC x 190 ST. MY ;■ Loehmann's Fashion uw 3 • ■ Island Q • m 188 ST. • m MIAMI '• N 33180 •• t� GARDENS DR. '! •j 1 ■ 1 r. 15ST._._. -. -• 33 60: 1 i b� Dumfoundling Al 183 S SU Mt ] Boy Property ti Atlantic WiU;ams • DCtoit Linle Z — • m Sound 80 ST; L ak l` w. N • 4 • • n .aasaa■aasrasaassl LEGEND Maule Lake yy � Exhibit #2 01 -DA -12 Roadways ■ ■ • • • City Boundary - -•.- -- ZIP Code Boundary -- ••- ---- -- Railroad Exhibit #3 01 -DA -12 After Recording Please Return to: Brian S. Adler, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 THIRD MODIFICATION TO DEVELOPMENT AGREEMENT THIS THIRD MODIFICATION TO DEVELOPMENT AGREEMENT ( "Third Modification ") is entered into the day of , 2011, by and between THE CITY OF AVENTURA, a Florida municipal corporation (the "City ") and LUBAVITCH CENTER AVENTURA SOUTH, INC., a Florida non - for - profit corporation ( "Lubavitch "), as joined in by the owners of the remainder of the Entire Property as described in this Third Modification ( "Owners "). RECITALS: WHEREAS, Lubavitch owns the property, consisting of approximately 1.68 + /- acres of land (the "Lubavitch Property "), the legal description of which is attached hereto as Schedule "A ", which is a portion of the overall property ( "Entire Property ") attached as Schedule "B "; WHEREAS, the previous owners, MERCO GROUP AT AVENTURA LANDINGS, I INC.; MERCO GROUP AT AVENTURA LANDINGS II, INC. and MERCO GROUP AT AVENTURA LANDINGS III, INC. (collectively, "Original Owner ") obtained development approvals relating to the Entire Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications "), through the City's Community Development Department; WHEREAS, on September 2, 2003, Original Owner and the City entered into a development agreement ( "Original Agreement "), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220- 163.3243, Florida Statutes; WHEREAS, on October 5, 2004, the City and the then owner of the property subject to the Original Agreement, mutually agreed to amend Exhibit "B" to the Original Agreement to revise the number of stories in the "Condominium Parcel "; WHEREAS, since the date of execution of the Original Agreement, the Owner has fulfilled the conditions of paragraph 4 of the Original Agreement to provide the necessary public facility and had received necessary permits and constructed the 62 townhomes on the "town MIAMI 2809132.2 7944535695 home parcel" described in Exhibit "B" to the Original Agreement and has recorded a final plat dividing the parcels into development lots and tracts; WHEREAS, MGAL REPH I, 11, III, LLC and CHATEAU AVENTURA, LLC were the subsequent owners of the Entire Property (collectively, the "Subsequent Owner "); WHEREAS, paragraph 11 of the Original Agreement provides for a term of five (5) years from the effective date of February 2, 2005 and provides that the term may be extended by mutual agreement of the City and the Owner in 2.5 -year increments up to an additional five (5) years from the termination date; WHEREAS, on November 3, 2010, the Subsequent Owner and the City entered into a second modification to the Original Agreement entitled Modification to Development Agreement, recorded November 19, 2010, in Official Records Book 27496 at Page 251 of the Public Records of Miami -Dade County, Florida, modifying the Original Agreement to extend the term of the Original Agreement from February 2, 2010 to August 2, 2012 for the Subsequent Owner to market for sale while preserving the development approvals granted by the City, and requiring payment of the transportation mitigation impact fee prior to issuance of building permits for the condominium loft parcel; WHEREAS, the City and Owner agree to a further modification of paragraph 11 of the Original Agreement to extend the term of the Original Agreement for a further 2.5 years from August 2, 2012 to February 2, 2015 as it relates to the Lubavitch Property in order for Lubavitch to develop the Lubavitch Property in accordance with the City's approval for the religious facility and to market the remainder of the Lubavitch Property and to continue with the development approval; WHEREAS, Lubavitch is also seeking to modify the "Project Land Uses, Densities and Intensities" for the Lubavitch Property which is described as the Lofts Parcel described on Exhibit "B" to the Original Agreement as previously modified, which provided for the Lubavitch Property to be developed with 138 loft type apartment units and a maximum height of 13 stories or 206' 10 "; WHEREAS, Lubavitch wishes to develop a religious facility (both on a temporary and permanent basis) along with residential units (including singularly or a combination of standard residential units, assisted living facilities and independent living facilities) ; and WHEREAS, the construction of the religious facility is anticipated to span a period of approximately 24 months and the marketing and approval for the residential portion is anticipated to take an additional 24 to 30 months, thus necessitating an extension of the development agreement approval period; MIAMI 2809132.2 7944535695 WHEREAS, Lubavitch and the City agree to a modification of Exhibit "B" of the Original Agreement to amend the development of the Lofts Parcel and to amend paragraph 11 to extend the term for the Loft Parcel; NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, Lubavitch, Owners and the City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and form an integral part of this Second Modification. 2. Exhibit Replaced .Exhibit "B" to the Original Agreement is hereby substituted in its entirety with the attached Exhibit "B ". 3. Modification. The Development Agreement dated September 2, 2003, amended by Modification to Agreement dated December 29, 2004, and amended by Modification to Development Agreement dated November 3, 2010 is hereby further amended to amend Exhibit "B" and by revising paragraph 11 to extend the termination date from August 2, 2012 to February 2, 2015. 4. Agreement Status. The. terms and. conditions of the Original Agreement and the previous modifications shall remain in full force and effect except as herein modified. Signed, sealed, executed and acknowledged this day of [Signature Pages to Follows] MIAMI 2809132.2 7944535695 CITY: Attest: C Teresa Soroka, MMC City Clerk MIAMI 2809132.2 7944535695 CITY OF AVENTURA, FLORIDA C Eric M. Soroka, ICMA -CM City Manager OWNER: Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI -DADE LUBAVITCH CENTER AVENTURA SOUTH, INC., a Florida non - for - profit corporation Rabbi Menachem M. Rosenfeld President The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 2011, by Rabbi Menachem M. Rosenfeld, President of Lubavitch Center Aventura South, Inc., a Florida not - for - profit corporation, who is personally known to me or produced as identification. My Commission Expires: C (Notary Seal) MIAMI 2809132.2 7944535695 Notary Public State of Florida at Large SCHEDULE "A" MIAMI 2809132.2 7944535695 SCHEDULE "B" MIAMI 2809132.2 7944535695 EXHIBIT "B" PROJECT LAND USES, DENSITIES AND INTENSITIES The Project includes the following described development, permitted on the Property as described in Exhibit "A" attached to the Agreement. Townhome Parcel. (South of Proposed NE 185th Street and west of current NE 28th Court). This parcel is 4.482 acres gross, and 4.07 acres net. Proposed development of this parcel is for 62 townhomes under the RMF4 and RMF3A zoning district regulations. Proposed maximum height is 3 stories or 35 feet. Condominium Parcel. (North of Proposed NE 185th Street and west of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 19 stories or 186'— 6 ". Lofts Parcel. (South of NE 185th Street and east of current NE 28th Court). This parcel is 1.952 acres in size. Proposed development of this parcel is for a religious facility and 138 residential units (including singularly or a combination of standard residential units, assisted living facilities and independent living facilities) under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10 ". Outparcel. (South side of NE 185th Street, on northwest side of Townhome Parcel). The outparcel is .284 acres is size. Proposed development of the outparcel is for a swimming pool, clubhouse, entry feature and guest parking. No residential development is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. MIAMI 2809132.2 7944535695 0 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Stanley B. Price, Esq. Brian S. Adler Esq. Rabbi Menachem Rosenfeld Michael Tabacinic Morris Kaplan Jaime Schapiro Relationship fi.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Attorney Attorney Owner Representative, President Consultant Consultant Architect Michael A. Vaz uez P.E Civil Engineer (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF. THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY-CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR, COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS I _ DAY OF )IJi AUTHORIZED REPRESENTATIVE OF APPLICANT: _, 2011. OWNER By: `�k4 /" V Vi Rabbi Menachem Rosenfeld Title: President Address: 2941 N.E. 185 Street, #1301 Aventura FL 33180 Before me the undersigned authority personally appeared Rabbi Menachem Rosenfeld as the owner, authorized representative and President of the Applicant of the property subject to the application, who being first by me duly sworn, did swear or affirm that they executed this Affidavit for the purposes stated therein and that it is true and correct. n SWORN TO AND SUBSCRIBED BEFORE ME this Iq day of J Unq— 2011. Notary Public St f Florida At Large 9's ; M1CO Printed Name o tary L \ C :ft_ {��� :, .6si:,N DD 775872 My commission expires: �!,,c_S: Ap6i 7, 2012 0; ry FW* un rrmm iI BUSINESS RELATIONSHIP AFFIDAVIT'` This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I l i . Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ j ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; (} iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [I vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS —3-!— DAY OF 2011. APPLICA T REPRESENTATI By: � � ` _' (Signature) 1 I � By: (Signature) r'1 c.., t t' L;, i t Name: Stanle 8.. Pric (Print) Name'. Brian S. Adler (Print) u Title: Attorney (Print) Title. Attorney (Print) By: (Signature) Name: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Name: Jaime Schapiro (Print) Title: Architecht (Print) WITNESS MY HAND THIS _(:� DAY OF UCLO 2011. PROPE TY ER' By: (Signature) Name: Rabbi Men m Rosenfeld (Print) Title: Owner Representative President (Print) By: (Signature) Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature) Name: Dan Fortin. Jr. (Print) Title: Engineer (Print) 'The terms 'Business Relationship," "Client," " Customer," 'Applicant," "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. MIAMI 2545171.1 7944535695 WITNESS MY HAND THIS __jq— DAY OF _ 2011 REPRES N ATI i on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Rabbi Menachem Rosenfeld (Print) Name: Morris Kaplan (Print) Title: Owner /President (Print) Title: Consultant (Print) By: J� (Signature) "A � y L� `\ By: (Signature Name: Stanley rice (Print) Name: Jaime Schapiro (Print) Title: Attorney (Print) Title: Architect (Print) it By: (Signature) 2 By: (Signature Name: Brian S. Adler (Print) Name: Dan Fortin Jr. (Print) Title: Attorney (Print) Title: Engineer (Print) By: (Signature) By: (Signature Title: Michael Tabacinic (Print) Title: (Print) Title: Consultant (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 2545171.1 7944535695 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Rabbi Menachem he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this t7- day of .201 CEOAMC. ROOM O" Nile - VM. d Plait. \`1� ra�eeFMO 31" Caeeal "� OD �N1lfr fll�llr/NIIMr STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) by me duly sworn, did swear or affirm that Printed Name of Notary 1 (� i,� ► My commission expires: f r Before me, the undersigned authority, personally appeared Stanley B. Price, the Affiant, who being first by me d ly s this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this j 1 day of M, 201 CI STiNE A. BOWER * * MY COMMISSION 100 959316 EXPIRES: February 20, 2014 ar n7d0~ eorded TI ru Budget Nd1ry Services STATE OF FLORIDA COUNTY OF MIAMI -DADE State of Printed Name of Notary My commission expires:.! Y that helshe executed Before me, the undersigned authority, personally appeared Brian S. Adler, Affiant, who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. . AFFIANT 'XV'` SWORN TO AND SUBSCRIBED before me this S day of A�, 2011. * MY' * MY COMMISSION 1 DD 959346 �EXPIRES: February 20, 2014 opt f i A t o Bonded Thru&00 Nab" SWAM Printed Name of Notary My commission expires:z L-01r STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Michael Tabacinic, the Affiant, who being first by me duly swom, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2011. Notary Public State of Florida At Large Printed Name of Notary My commission expires: MIAMI 2545171.1 7944535695 `� BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(il) of the City of Aventura Land Development Code The undersigned Affiani hereby discloses that: (mark with 'x" applicable portions only) (X] 1. Afiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented 1 J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of, Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ J ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, (] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ j v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF .2011. APPLICANT REPRESENTATIVE: By: (Signature) Name: Stanley B.. Price (Print) Title: (Print) By ,/Atttorney /"1 -�— Signature) Name: Michael Tabacinic (Print) Title. Consultant (Print) By.• (Signature) Name: Jaime Schapiro (Print) Title: Architechf (Print) WITNESS MY HAND THIS PROPERTY OWNER: DAY OF 12011. By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner Representative President (Print) By: (Signature) Name: Brian S. Adler (Print) Title: Attorney (Print) By: (Signature) Name: Morris Kaplan (Print) Title: Consultant (Print) By (Signature) Name: Dan Fortin, Jr (Print) Title: Engineer (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," `Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. MIAMI 2545171.1 7944535695 WITNESS MY HAND THIS 12- DAY OF µQ { 2011 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner /President (Print) By: (Signature) Name: Stanley B. Price (Print) Title: _Attorney (Print) By: (Signature) (Signature) Title: Name: Brian S. Adler (Print) By: Title: Attorney (Print) (Print) 1� �_ (Print) By: (Signature) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) (Signature Title: (Print) Title: (Print) By: (Signature Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature Name. Jaime Schapiro (Print) Title: Architect (Print) By: (Signature Name: Dan Fortin. Jr. (Print) Title: Engineer (Print) By: (Signature Title. (Print) Title: (Print) By: (Signature Title. (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 2545171.1 7944535695 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Rabbi Menachem Rosenfeld, the Affiant, who being first by me duly swom, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2011. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Stanley B. Price, the Affiant, who being first by me duly swom, did swear or affirm that he/she executed this Affidavit for the purposes slated therein and that it is true and cored. SWORN TO AND SUBSCRIBED before me this - day of , 2011. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA COUNTY OF MIAMI -DADE Before me, the undersigned authority, personalty appeared Brian S. Adler, Affiant, who being first by me duly swom, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and cored. AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2011. Notary Public State of Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Michael Tabacinic, the Affiant, ho being first by me duly swom, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and cored iy AFFIANT SW day of 2011. :l 7 MY COMMISSION i DD 798851' Ba+Ear,XdTtouE� r U 20 Not VIublic State of Flo'nittitAt Large Printed Name of Notary My commission expires: MIAMI 2545171.1 7944535695 `` °` BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned AHiant hereby discloses that: (mark with "x" applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I l i . Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than ��$2,000,00 of the business of the Applicant or Representative in a given calendar year, WITNESS MY HAND THIS DAY OF ! ' �� 2011 APPLICANT REPRESENTATIVE: By: (Signature) Name: Stanley B.. Price (Print) Title: Attorney (Print) By: (Signature) Name.: Michael Tabacinic (Print) Title: k, Consultant (Print) By: (Signature) Name: Jaime Schapiro (Print) Title: Architecht (Print) WITNESS MY HAND THIS DAY OF PROPERTY OWNER: By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner Representative, President (Print) 2011. By: (Signature) Name: Brian S, Adler (Print) Title: Attorney (Print) By: (Signature) Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature) Name: Dan Fortin, Jr. (Print) Title: Enaineer (Print) 'The terms "Business Relationship," "Client," "Customer' "Applicant,' 'Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code, MIAMI 2545171.1 7944535695 WITNESS MY HAND THIS )g DAY OF 2011 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner /President (Print) By: (Signature) Name: Stanley B. Price (Print) Title: Attorney (Print) By: (Signature) (Signature) Title: Name: Brian S. Adler (Print) By: Title. Attorney (Print) (Print) By* Title: (Signature) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) By: Title: (Print) By: (Signature Name: Jaime Schapiro (Print) Title: Architect (Print) By: (Signature Name: Dan Fortin. Jr. (Print) Title: Engineer (Print) By: (Signature By: Title: (Print) Title: Title: (Pant) By: (Signature Title: (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 2545171.1 7944535695 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Morris Kaplan, the Affiant, who being first by me duly swom, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this l day of 2011. MIAMI 2545171.1 7944535695 3 AFFIANT liaffr NclWy Public Stale of Fonda At Large Printed Name of Notary My commission expires: 2 y •`••! mss Pd* f ift, It MM tbn ,Expi/ � fW+�:10, �;1, BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit Is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) yj 1. Alfant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented j J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows I l i Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative, j J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (J iv A Cily Commissioner or Board member is a Client of the Applicant or Representative; } V. The Applicant or Representative is a Customer of the member of the Cily Commission or Board (or of his or her employer) and transacts more Than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (} vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000 00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS _ — DAY OF _ .200 APPLICANT. By: (Signature) Name: (Print) Title-. _ _(Prirtr) WITNESS MY HAND THIS PROPERTY OWNER DAY OF , 200_. By: (Signature) Name: (Print) Title. (Print) 'The terms "Business Relorionship, " "Client," 'Customer, " 'Applicant, " 'Representative" and 'Interested Person" are defined in Section 2 -385 of the Aventura City Code. MY HIND TH14-1 DAY OF —T ,he— 2011. ATIN[W ;t41 on Business Relationship Affidavit) By:_ Name: Title:__Ate..+►rTec.:T. (Pant) By: (Signature) Name:_ (Print) Title,_ (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By:___ (Signature) Title: (Print) Title: (Print) By (Signature) Title: (Print) Title: (P(int) By , (Signature Name: (Print) Title: By:_ (Signature Name:_, (Print) Title:_ (Print) By (Signature Name:_ (Print) Title:_:_. By: _ (Signature Title: (Print) (Print) By: (Signature Title:— Title: .____(Print) By: (Signature Title:__.__ (Prmr) Title: (Print) NOTE: t) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared .stW3 & JW the i A-Al e duly swan, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct. ki 11 1. SWORN TO AND SUBSCRIBED before me this, day of _ - _.,200 ..uruN. ROSE7E*resAPr F n, Notary PubFlorida ry Public State of Fbr'da At ge My Comm. , 2015 Commis 106 Printed Name of Notary +�` Bonded Throuary Assn. FX -7 I i 3 My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ ,. the Affiant, who being first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that 'a is true and correct. SWORN TO AND SUBSCRIBED before me this_ _ day of _ -_ 200_. AFFIANT Notary Public State of Florida At large Printed Name of Notary — My commission expires:._, -_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ .____. _ ___. the Alfiant, who being firs) by me fluky sworn; did swear or affirm That he /she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _.._. day of _ _ ._ _ _, 200. AFFIANT Notary Public State of Flonda At Large Printed Name of Notary _ My commission expires:__. _.. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _,. _ the Affiant, who being first by me duly sworn, did swear or affirm Thal helshe executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ day of ___ -, 200_ AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. 1 ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: . (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ 1 i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; (] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [1v- The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, (] vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF 2011, APPLICANT REPRESENTATIVE By: (Signature) By: (Signature) Name: Stanley B.. Price (Print) Name: Brian S. Adler (Print) Title: Anomev (Print) Title: Attorney (Print) By: (Signature) By: (Signature) Name: Michael Tabacinic (Print) Name: Morris Kaplan (Print) Title: Consultant (Print) Title: Consultant (Print) By: (Signature) `r (Signature) Name: Jaime Schapiro (Print) ame Michael A. Vazquez, (Print) Title Architecht (Print) Title: Civil Engineer (Print) WITNESS MY HAND THIS DAY OF .2011. PROPERTY OWNER: By (Signature) Name: Rabbi Menachem Rosenield (Print) Title: Owner Representative. President (Print) `The terms "Business Relationship," "Client," YCustomer," "Applicant," "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code. MIAMI 2545171.1 7944535695 WITNESS MY HAND THIS 3jt DAY OF K-" 2011 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: (Signature) Name. Rabbi Menachem Rosenfeld (Print) Title: Owner /President (Print) By: (Signature) Name: Stanley B. Price (Print) Title: Attornev (Print) By: (Signature) (Signature) Title: Name: Brian S. Adler (Print) By Title: Attorney..- (Print) (Print) By (Print) (Signature) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: Title: (Print) Title: (Print) By (Signature) Title: Title: (Print) Title: (Print) (Signature) Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature) Name: Jaime Scha it (Print) Title: Architect (Print) B (Signature) Name: Michael A. Vazquez. RE (Print) Title: Civil Engineer (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. MIAMI 2545171.1 7944535695 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Jaime Schapiro, the Affiant, who being first by me duly swom, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of , 2011. Notary Public State of Florid a At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Michael A. Vazquez, the Affiant, who being first by me duly swum, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct C9 A ANT SWORN TO AND SUBSCRIBED before me this�day of 2011. Nary Pu late �ri t La rg�e� Printed Name of Notary (��`��jj�J�,+�!.� ,�'-!� ' 1 My commission expires:_J.LL�lcx0 iy = 31M of FlaW m" bn EE005123 7=14 MIAMI 2545171.1 7944535695 4 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003, MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF AVENTURA, AS AMENDED OCTOBER 5, 2004 AND NOVEMBER 3, 2010, TO MODIFY EXHIBIT `B' TO THE AGREEMENT AND TO EXTEND THE TERM OF THE AGREEMENT; RELATING TO THE PARCEL OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Lubavitch Center Aventura South, Inc., through Application No. 01- DA -12, has applied to modify Exhibit "B" to the agreement and to extend the term of the Development Agreement dated September 2, 2003, made between Merco Group at Aventura Landings I, II and III, Inc., as owner, and the City of Aventura, as amended on October 5, 2004 and on November 3, 2010; and WHEREAS, Exhibit "B" to the Development Agreement proposes 138 loft -style apartment units with a proposed maximum height of 13 stories or 206'10" on the "Lofts Parcel "; and WHEREAS, the applicant has received conditional use approval through Resolution No. 2011 -47 to construct a religious facility on the "Lofts Parcel'; and WHEREAS, pursuant to the terms of Paragraph 11. of the Development Agreement, as amended, the termination date of the Agreement is August 2, 2012; and Ordinance No. 2012 - Page 2 WHEREAS, Paragraph 11 (13) of the Development Agreement provides that the term of the Agreement may be extended in 2.5 year increments for up to 5 additional years from the termination date of February 2, 2010, upon mutual agreement of both the City and the owner /applicant; and WHEREAS, the owner /applicant has requested a modification to Exhibit "B" to the Development Agreement to detail the current development proposal of a religious facility along with the 138 residential units on the "Lofts Parcel' and has further requested an extension of the termination date of the Development Agreement to February 2, 2015 in order to allow construction of the religious facility and residential units in two phases; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application and has considered the testimony of all interested parties at the public hearings, and has determined that the amendment to development agreement requested by the applicant is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Modification to Development Agreement attached as Exhibit "A" to this Ordinance, amending Exhibit "B ", "Lofts Parcel' development proposal and extending the termination date of the Agreement from August 2, 2012 to February 2, 2015 is hereby approved, for property legally described in Exhibit "A" to this Ordinance. Ordinance No. 2012 - Page 3 Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the City. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Michael Stern Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Michael Stern Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb Ordinance No. 2012 - Page 4 PASSED on first reading this 3`d day of January, 2012. PASSED AND ADOPTED on second reading this 7th day of February, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2012. CITY CLERK Ordinance No. 2012 - Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF LAND All of Tract F, Merco at Aventura, according to the plat thereof recorded in Plat Book 166, Page 58 of the Public Records of Miami -Dade County, City of Aventura CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: December 13, 2011 SUBJECT: End of Year Budget Amending Ordinance — FY 2010/11 1St Reading November 1, 2011 City Commission Meeting Agenda Item 2 "d Reading January 3, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2010/11 budget. BACKGROUND As you are aware, the Finance Department has prepared the City's official books and records for the FY 2010/11 year -end audit. Now that most of our year -end adjustments have been posted, we have the necessary information to formally amend the FY 2010/11 budget. This "clean up" amendment is a normal part of our year -end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all actual expenditures. Update: Please note, that as a result of our year -end process, there were a few additional items (primarily impacting the Public Safety Department) that have come to our attention and are reflected below, that were not considered in the original "first reading" agenda item prepared on October 25, 2011. This Ordinance will appear on the November 2011 and January 2012 agendas to comply with, Section 166.241 (3) of the Florida Statutes. Although this section requires all budget amendments be made "within up to 60 days following the end of the fiscal year," we will be unable to have the ordinance on second reading until January 2012 as there is no December meeting. This process is consistent with the City's past practice as the Ordinance will appear on first reading prior to the November 29, 2011 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In all cases, we will only amend the specific expenditure accounts that are 1 primarily responsible for the amendment. In some cases, associated revenues may be increased to justify the overage in expenditures. Listed below is a summary of the amendments for the City's General Fund, by department and the circumstances that support each recommendation. General Fund — (001) — ($1,143,000 net increase) Public Safety (2001) — ($300, 000 increase) 1390 — Court Time Requires a budget amendment due to an overage of approximately $37,000 in Court Time in order to meet operational needs of the Department. 1401 — Overtime Requires a budget amendment due to an overage of approximately $158,000 in Overtime in order to meet operational needs of the Department. 2201 — Pension Requires a budget amendment due to an overage of approximately $4,000 in Pension Costs as it relates to the Police Department's Pension Plan audit for 09/30/2011. According to the pension audit, the City owed additional funds even though it made all of its required contributions, based on our actuarially- determined contribution percentage of 20.955 %. According to the pension auditors, this was the case because the Chapter 185 funding was approximately $30,000 less than anticipated and actual payroll was higher than projected by the actuary. 5220 — Gas & Oil Requires a budget amendment due to an overage of approximately $83,000 in Gas & Oil in order to meet operational needs of the Department. ✓ The overages described above related to Court Time, Overtime, Pension and Gas & Oil will be offset by a corresponding decrease of $282, 000 in the General Fund Capital Reserve (6999) budgeted funds. See section labeled "Capital Outlay — ($282, 000 net decrease)" on page 3. 5115 — Byrne Grant Match Requires a budget amendment due to an overage of approximately $18,000 for a grant that was received. This overage will be offset by $18,000 in additional Byrne Grant revenue (3312550). 'rq Community Development (4001) — ($1,025,000 increase) 3101 — Building Inspection Services Requires a budget amendment primarily due an overage of approximately $700,000 in Building Inspection Services due to higher than anticipated activity experienced during the year. This overage will be offset by $700,000 in additional Building Permit revenue (3221000). 3190 — Prof. Services Requires a budget amendment primarily due an overage of approximately $325,000 in Intersection Safety Camera Program processing costs due to higher than anticipated activity experienced during the year. This overage will be offset by $325,000 in additional Intersection Safety Camera Program revenue (3542000). Non - Departmental — Transfers (9001) — ($100, 000 increase) 9118 — Transfer to Charter School Fund Requires a budget amendment due to the planned transfer of $100,000 of the City's Intersection Safety Camera Program Revenue to the Charter School Fund to assist with funding the Charter School Fund. This overage will be offset by $100,000 in additional Intersection Safety Camera Program revenue (3542000). Caaital Outlav— ($282.000 net decrease Community Services (8050) 6341 — Transportation System Improve. Requires a budget amendment of $95,000 due to some unexpected utility complexities that were encountered as it related to the NE 191St Street/Biscayne Blvd. Improvements Project. Non - Departmental (8090) 6999 — Capital Reserve The overage described directly above related to the utility complexities will be offset by a corresponding decrease of $95,000 in the General Fund Capital Reserve (6999) budgeted funds. Non - Departmental (8090) 6999 — Capital Reserve The overages described above, under Public Safety that relate to Court Time, Overtime, Pension and Gas & Oil will be offset by a corresponding decrease of $282,000 in the General Fund Capital Reserve (6999) budgeted funds. The budget amendments outlined above, are expected to have little to no impact on the FY 2010/11 overall budget or carryover that was utilized in the preparation of the FY 2011/12 budget. Based on this analysis, I recommend approval of the attached Ordinance. 3 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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 City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2010/2011 Operating and Capital Budget 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. 2010 -10, which Ordinance adopted a budget for the 2010/2011 fiscal year, by revising the 2010/2011 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2012 - Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2010. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg absent Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 1St day of November, 2011. 2 Ordinance No. 2012 - Page 3 PASSED AND ADOPTED on second reading this 3rd day of January, 2012. TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 10 SUSAN GOTTLIEB, MAYOR CITY OF AVENTURA GENERAL FUND 001 FY 2010/11 BUDGET AMENDMENT REVENUES OBJECT 2010/11 2010/11 2010111 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET 3221000 Building Permits $ 700,000 $ 700,000 $ 1,400,000 3312550 Byrne Grant - 18,000 18,000 3542000 Red Light Violations 550,000 425,000 975,000 Total Revenue $ 1,250,000 $ 1,143,000 $ 2,393,000 TOTAL AMENDMENTS - REVENUE $ 1,143,000 EXPENDITURES DEJECT 2010111 2010111 2010111 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET 5115 Byrne Grant Match Total Public Safety COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services 3190 Prof. Services Total Community Development $ 100,000 $ PUBLIC SAFETY (2001) 137,000 PERSONAL SERVICES 1390 Court Time 1401 Overtime 2201 Pension 5220 Gas & Oil $ 2,842,800 $ Subtotal 5115 Byrne Grant Match Total Public Safety COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services 3190 Prof. Services Total Community Development $ 100,000 $ 37,000 $ 137,000 550,000 158,000 708,000 1,938,800 4,000 1,942,800 254,000 83,000 337,000 $ 2,842,800 $ 282,000 $ 3,124,800 - 18,000 18,000 $ 2,842,800 $ 300,000 $ 3,142,800 $ 480,000 $ 700,000 $ 1,180,000 200,000 325,000 525,000 $ 680,000 $ 1,025,000 $ 1,705,000 NON- DEPARTMENTAL - TRANSFERS (9001) TRANSFERS 9118 Transfer to Charter School Fund $ - $ 100,000 $ 100,000 Total Transfers $ $ 100,000 $ 100,000 CAPITAL OUTLAY - (80XX) Community Services - 50 -541 6341 Transportation System Improve. Non - Departmental - 90 -590 6999 Capital Reserve Total Capital Outlay $ 285,000 $ 95,000 $ 380,000 15,193,488 (377,000) 14,816,488 $ 15,478,488 $ (282,000) $ 15,196,488 TOTAL AMENDMENTS - EXPENDITURES $ 1,143,000 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED ORDINANCE - JANUARY 3, 2012 in the XXXX Court, was published in said newspaper in the issues of 11/03/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ad:+,ertis e t for publication in the said newspaper. / Sworn to and subscribed before me this 03 day o OVEMBER (SEAL) V. PEREZ personally known to me oa�Yesc: B. THOMAS Commission # DD 9375 32 •`�° Expires November 2, 2013 Bonded Thru Troy Fain Insurance B00- 385.7019 CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 3rd day of January, 2012, at a meeting of the City Commission of the City of Aventura to be held at 6 p.m. in the City Commission Chamber at the Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, the City Commission will consider the adoption of the following Ordinance on second reading, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/ 2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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. The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City Commission on any item at this Public Hearing may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 305 - 466 -8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC City Clerk 11/3 11- 4- 133/1779814M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - JAN. 3, 2012 ATMOSPHERE DESIGN GROUP LLC, ETC. (01- SV -12) in the XXXX Court, was published in said newspaper in the issues of 12/08/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebatecammission or refund for the purpose of securing advertise nt for publication in the said subscribed before me this 08 day f DECEMBE A.D. 2011 (SEAL) MARIA MESA personally known to me ....... B. THOMAS Commission # DD 937532 Expires November 2, 2013 Wnded Thor Troy Fain Insurance 800 - 385.7019 sxa�.x+wa . �of�x CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, January 3, 2012 6:00 p.m. Applicant Name /Number: Atmosphere Design Group LLC for Louis Vuitton Global Store (01- SV -12) Applicant Request: Variance from Section 31- 191(g)(8)b. of the City Code to permit two wall signs measuring a total of 74.49 square feet for an exterior access tenant in the Aventura Mall, where one wall sign measuring 75 square feet is permitted by Code. Location of Subject Property: 19501 Biscayne Boulevard, City of Aventura Legal Description: Tract R and Portions of Tract O, Aventura 6th Addition, according to the plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami -Dade County, Florida, City of Aventura (complete legal description available at the Community'. Development Department) f Plans are on file and may be examined during regular business hours at the City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at 19200 West Country Club Drive, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/ property on correspondence and mail same to City of Aventura Government Center, Community Development Department at the address above. For further information, please call (305) 466 -8940. In accordance with the Americans with Disabilities Act of 1990, all! persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466 -8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk 12/8 11- 3- 28/1797672M THE MIAMI HERALD I Mit— Hemld.com BROWARD SHERIFF'S OFFICE THURSDAY, DECEMBER 22,20M 1 56 Reality TV star under investigation A Broward sheriff's fairs file shows that he has deputy who stars in been investigated at least 'Unleashed: K -9 five times since 2006. In ei ow f thos w ard County' is each oe cases, he as accused of falsifying either exonemted or it was records. determi— difiatammplaint against him was unfounded. BY DAN CHRISTENSEN None involved the falsifrca- ero«;rneuna�q� tan of records. A Broward Sheriff's Of- If BSO has an open imer- fire deputy and reality tete- rod investigation, it is ex- wn star N under criminal empt from disclosure rod" vestigation for allegedly Florida's public- records falsifying records, Broward laws,a BSO spokesman said Bulldog has learned. Sheriff At Lamberti dr Deputy Jerry Wengert, dined to mmmem through who starred in TIUC/Ducca, a spokesman. cry Charmers Unleashed: K 9 Unleashed is a sic -part sr Broward County, was old- ries that aid nationilly in fled fti. probe in August by April. The show-is a candid the prosecutor in charge of look into the dangerous, yet the state attorneys public- surprisiug>yfurywoddda corruption unit. K-9 one — from foot chases 'This letter is W mining ks ct and gums to bath— brea you that you are the subject aoddogfoodrws, "aontding an investigation for Fal.4oug m its Fi cel {ay cords;" wrote Timothy The focus of true show is Donnelly At the corrhuten Wengert, his dog Bah, and of the investigation you will his partner, Der. Geoff be notified of Oe results" Brown — who is not under What prompted the imes- investigation. Ligation has not been made "Whether they are chasing and Public, a Donnelly has de- down armed carjadv . flee- chard to discuss the matter ing drug dealers or tracking "It's still an open uoesti- down an elusive car langlac so I can't talk about they are tireless in thew ef- it ' he said Investigations of forts to bring suspect to l deputies and police officers ticewhilemaintamingaserte typically begin at the agency ofh,mnY' the show's public where they k, he said. ity says. TLC✓l)iscovrry has Wengert, a deputy since rpm saidwhether more shpas 1997, re tr mains on K -9 paol will air duty. He declined to coos- Wenged and Brown also great through a police have made several public spokesman appearanees with Iamberti Wengert's Internal Af- asbe seeks reelection —m- DECRIED To COMMENT. &.ward Sheriff's Office Deputy Jerry V tng-t left, pimured� with Sheriff Ai Lambert, was BSO 's employee of the month in May 2008. eluding at a Cocahm Creek SheriffKra Jenne The scan- "and therefore could act restaurard on Nov. 19. Join, dal centered on falsifying have committed this crime' Ing them were Deputies crime statistics in order to As a result, Bower was cited Shelunda Cooper and In- makethedepartmentandits in 2007 for failing to meet lianne °Julie" Bower, BSO deputies look good BSO standards and was TV sums from the cast of specifically. BSO Internal docked a days pay. TLC /Discovery's Police- Affairs records state that a Wengert was BSO" em- wara- uJlJrmvmd County. May 2004 internal audit ployee of the month in May tamberti formally filed to found that Bower had "ex- 2008 for catching burglary con again on Oct. 4. ceptionally cleared" 10 car suspecs with his dog, C-L In June, Broward Bulldog burglaries by reporting that JWo months later, Onzi, a reported that Nfirewomen anunidentifiedj —rile sus- 7-year-old Belgian McBrois, star Bouvet was chosen for pest had confessed to com- was shot while helping to her role despite her involve, mining those crimes. The catch armther suspect lint in a departmental audit, however, found the Rmward State Attorney scandal while servingtudm youth was jailed when at Mike Satz has assigned Lamberti's predecessor, least one burglary occurred prosecutor Deborah Zimet WITH DIGNITY First LL Junior Corder. of Miami, left, and Sgt. Leonard Wilson of Fort Lauderdale fold an American flag during a military funeral Wednesday for homeless veteran Ronald Edward Humphrey, 70, at the South Florida National Cemetery in Lake Worth. Humphrey served in the Army from 1959 to 1962 and was buried through the Dignity Memorial homeless veterans burial program. POMPANO BEACH Man held in shooting of cabby ■ A pompano Beach man has been charged with attempted murder in the Nov. 18 shooting of a taxicab driver. By DANIELLE A ALVARF2 Sera seams A.month after surviving a to .der attempt inside his cab, Williamson Joseph said he's looking into differ- ent career options. °R's a very dangerous job. I don't plan to go back to driving," Joseph said during a telephone interview Wednesday. Earlier Wednesday, the Bmward Sheriffs Off-- an- nced that a Pompano Beach m n had been charged with shooting Joseph A cab passenger, Semie Robinson, 30, gmmitously shot Joseph to the back of the head and under his right armpit on Nov. 18, the sher- iffs office said. Robinson was linked to the crime through belong- ings he left in the back seat of the bloody car. including a partially consumed bottle Mountain, Dew. Arrested on Dec. 12, Robin. n stands an, cured err attempted mander and parole violation and is being held at the Broward County Main Jail without bell' °I am very happy and thankful; Joseph said of Robinson's arrest. "People like that, they should never let them out. He is a very dangerous According to an arrest af- fidavit filed in the case, Jr the sheriff"' office said. His seph had just started his previous charges include shift when he was called to armed robbery, attempted n the Circle T convenience arso immufacturatg a fire store a 522 NE Thhd Ave in bomb and aggravated as- Fort Lauderdale. At the Sault, according t. state store, Robinson, who was records. carrying a small cwler bag, Joseph. who was released entered Joseph's car and fmmthehospiulthedaybe- asked to be driven to Pbm- fore Thaniagmng, said he is parr Beach. still struggling both mentai- When Joseph arrived at ly and physically. the Pompano Beach desti- "1 am not doing very nation in the 2900 block of well," he said Northwest Seventh Street, Robinson shot him twice without wanting or provo- em—, the affidavit said "He just shot me without any question," Joseph said. °I have no idea why " he didn't ask me for money or Jo eph, a Margate resi- dem and father ofone, said after he was shot, he jumped out of the car and screamed for help. Meanwhile, his shooter became temporson ly locked in the back scat of the taxi. After a brief stmg- gle with the door, Robinson was able to get out. He my away, leaving his cooler bag behind, the affidavit said Sheriffs office crime lab vcmigators later pro- ssed the bag's contents, which included a bottle of Mountain Dew and a bear ban cap. Acoonding w tbe a(- frdavit. investigators recov- ered R bmsans DNA from the soda bottle's mouth- piece and lifted his finger- prints from an emblem on the cap. Robinson was paroled from prison 10 months ago, m handle the criminal mves- tigationofWengni .Zimet is a longtime homicide proy s c for who joined the cor- ruption unit a month ago. TShngert was officatly in- (ormed oCtbe state's investi- gam. Aug. 18. "While the investigation is pending, your name will be added to the'Brady List' maintained by the stale at- torney's office. At the con- clusion of the investigation you will be notified of the results," Assistant State At- tomey Donnelly wome The term "Brody List" re- krs to a list of the names of police officers about whom the state has information that would be f cable to the defense and could be used to impeach an ea is testimony and undermine his credibility. The state has legal duty to disclose such inform. The Brody List is appar- ently a recent development at the state attorney's office. "I haven't heard of it, but I'm glad there is one and I want a copy," said Broward Public Defender Howard Finkelstein. Brovrard Bulldog has filed public- records request seeking a copy of the list. Broward Bulldog is a not - for -profit ordine only news- paper created to provide fo- 1 reporting in thepublie in- terest. www.browardbull dugugl 954603139. HIALEAH Woman, 81, fights carjacker BY SARAH ELDER an, who was mt dentif d down the street being dov- sert"'ciminradcom by'Bce, —'into action, en by another male and An 81- year-old woman the carjacker drrgd Grm droveoQbmambeforethe stopped a carjacker by zalez from the truck and would -be c jack,, grabbing his shirt and kicked her snatched a purse from the swinging her fists, Hialeah Gomalez ended up with SUM Hialeah Detective Ed- police said swollen eye, scratches on die Rodriguez said Thewomanwaspmted- s her arm and legs, and a Mother and daughter re- ing her daughter from a large bruise on her back, p ursue ortedly pd the men man who walked up to "' police said. but then returned home driver's side of their SUV The woman's tiny moth- and reported the attempted and bey anbratingherwith u then jumped not of the robbery to police ague back seat. She not Rodriguez said the car- The two women and a grabbed the mans shnt and jack,, is on the loose and amity friend wem backing started swigging. dangerous. omofthedrivewayontheir The robber fired his gun Hialeah peke, said way to a aping of the tele- at the elderly woman but Wednesday they have no vision show Sobado Gi- the bullet ricocheted off leads in Monday's robbery game when a carjacker at- the ground and shattered a and ask that anyone with tacked Teresa Gonzalez, window across the street. information call the That, police said The man jumped into a ah Police Department at Before the dderly woos- tan vehicle that was parked 305-687 -2525. CITY OF AVENTURA PUBLIC NOTICE Notice is hereby given of the City of Avertura's intent to consider on first reading at the City Commission meeting of Tuesday, January 3, 2012 at 6:60 P.m. at the CRY of AvenWre Government Center, 19200 West Country Club Drive, Avemurs, Florida, 33180, and to again consider on second antl front hearing ar the City Commission meeting of Tuesday, February 71 2012 at 13,00 pm. at the City of Aveatuu Goverment Center, 192W West Cmmry Club Drive, Averduu Florida, 331M a third rood tc,,nion Io a Development Agreement originally approved in September 2003 and recorded in Of( 'al Records Book 21678 at Page 528 of the Pudic Records of Miami -Dade County, Florida, in which the following property was Identified as the Lofts Parcel ( "Subject Pmnanyl� 18049 NE 28 Court, Avenrura, Florida. The modification 1vE .'a-cl the tern of the agreement for the Subject Property from Acgust 2, 2012 to February 2, 2015 and wN modify the uses to include a 13B unit residential building (maximum height 13 stories a 206'10") and a 4 story 25,760 square foot ratgious facility as approved though Resolution 2011 -47. AN mho aspects of the Development Agreement, as revised, will remain unchanged. A copy of the proposed Third Modification M Development Agreement is available from the Off of ma City Clerk, 19200 Nast Country Club Drove, Aventum, Florida T M. Soroka, MMC, Cry Clerk NOTICE OF PUBLIC HEARING CITY OF HALLANDALE BEACH NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Commission of the City of Hallandale Beach, Florida, at approximately 7:15 P.M. on Wednesday, January 4e, 2012 in the City Commission Chambers, located at 400 S. Federal Highway Hallandale Beach, Florida, to consider the following: A. AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, FLORIDA AMENDING CHAPTER 32, THE ZONING AND LAND DEVELOPMENT CODE, ARTICLE IV DIVISION 17, DEVELOPMENT STANDARDS SIGNS RELATIVE TO PROHIBITED SIGNS, PERMITTED SIGNS, AND NONCONFORMING SIGNS, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (SECOND READING) (THIS ORDINANCE IS A RESULT OF APPLICATION #67 -10 -TC BY THE CITY OF HALLANDALE BEACH.) U a person decides to appeal any decision made by the City Commission with respect to any matter considered at the above Public Hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Interested parties may appear at the aforesaid time and place and be heard with respect to the above. The Ordinances may be inspected at the Office of the City Clerk, 400 South Federal Highway, Hallandale Beach, Florida, during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. Sheens D. James, City Clerk CITY OF AVENTURA PUBLIC NOTICE Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, January 3, 2012 at 6:00 p.m. to make a recommendation regarding the adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003, MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF AVENTURA, AS AMENDED OCTOBER 5, 2004 AND NOVEMBER 3, 2010, TO MODIFY EXHIBIT 'B' TO THE AGREEMENT AND TO EXTEND THE TERM OF THE AGREEMENT; RELATING TO THE PARCEL OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider, at a public hearing, first reading of the Ordinance and will again consider the above described Ordinance for adoption after second reading on Tuesday, February 7, 2012 at 6:00 p.m. The Public Hearings will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466 -8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk 12/20 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA LOCAL PLANNING AGENCY PUBLIC HEARING - JANUARY 3, 2012 in the XXXX Court, was published in said newspaper in the issues of 12/20/2011 x � M, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aff iant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 2Jr Sworn to and subscribed before me this 20 day of DECEMBER , A.&w -Ai 1 (SEAL) V. PEREZ personally known to me Notary Public State of Florida t: Cheryl H. Harmer o MY COmmission DD793490 For c.Ha Expires 07/18012