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01-03-2012i c. Local Plana LZA0 Y Susan Gottlieb, Mayor Zev Auerbach Bob Diamond Teri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg LOCAL PLANNING AGENCY AGENDA JANUARY 3, 2012 - 6 PM Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 CityManager Eric M. Soroka, ICMA -CM clrKerlr Teresa M. Soroka, MMC Gbt Attornc� Weiss Serota Hellman Pastoriza Cole & Boniske 1. CALL TO ORDER \ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: October 5, 2010 4. PUBLIC HEARING: MOTION RECOMMENDING 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. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466 -8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura Local Planning Agency 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 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466 -8901. One or more members of the City of Aventura Advisory Boards may also be in attendance. MINUTES Government Center A Aft LOCAL PLANNING AGENCY 19200 W. Country Club Drive MEETING Aventura, Florida 33180 ,�w,, OCTOBER 5, 2010 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Police Chief Steven Steinberg. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 6, 2010 LPA Hearing was offered by Commissioner Joel, seconded by Vice Mayor Stern, and unanimously passed. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2010111- 2014115 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to recommend approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. The motion passed unanimously by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:05 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the LPA on TO: FROM BY: DATE: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Sorok MA -CM City Manager f Joanne Carr AICP� . Community Development Director 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 q_ January 3, 2012 City Commission Meeting Agenda Item r_ 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. K 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- Bilzin Sumberg 4. Brian S. Adler, Esq. Exhibit #1 Tel 305.350.2351 01-DA-12 Fax 305.351.2206 badlerCa2bilzin.com May 20, 2011 Joanne Carr, Community Developmenf Director City of Aventura 19200 W. Country Club Drive, 4t" 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 7e 305.374.7580 max 305.374.7593 Joanne Carr, Community Development Director May 20, 2011 Page 2 Parcel for two and one half (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. ler BSA/ee Attachment cc: Morris Kaplan Rabbi Rosenfeld Stanley B. Price, Esquire MIAMI 2799600.2 7944535695 12(7!11 CBILZIN SUMBERG BAENA PRICE & AXELROD LLP BROWARD LOUT DADE COUNTY IVES W X O I: MIAMI GARDENS DR, az IU C : 11 : :/ • Maule Lake h •: r .. LEGEND Exhibit #2 01 -DA -12 r CJ L% A a CD z w b1 � Atlantic Oceim Roadways + - • - City Boundary . —..- -- ZIP Code Boundary -••---- -- -- Railroad 14P p"qj ■7YTi W/7W Lora TVC:: r :■ ryld 71' ✓!7 5l'Ti7V !4'!'f'4!7' i :1 Guljstream YACHT C B DR. ■ r • 1 Park MARINA • ■ Arrntwu COVE HARBOR CIRCLE / :■ ■ '• Nocpiraf �� _ & Mrdirul Center m WAY Q ' 11y�F� A � MP Waterways Shoppes s` ■ / WATERWAYS B 207 ST. �■ w a a COUNTRY CLUB DR, , • • The N 205 Promenade / Shops M OF r ■ 203 ST. C� T ■ ;� 201 TER. ccli D 7arnberryIsle • ■ v0, m Resort de Club '• '/ AVENTURA 0L J v / ■ Fire > OP • • 'a ;■ Rescue Aventura Cr Station Library 2 3 �y� • O tt r U UB ti� ■ City of Aventura WY' Government Center l>^Mp :. 192 ST. W1��tAM Q • 182 ST, 191 ST. �� r TQ� NIY5 IC 190 ST. Loehmann's • / ;■ Fashion W r :■ Island 4 188 ST. • • :• a 3_318_0 ,fir .• j . 1.5 ST ._._._..�.._.33 60�' • 1 1 I 1 Dumfoundling • 183S Subject Bay 1 +i Property Biscayne Little m aka° Willioms • �� Sound • harbour l80 ST; N Dint rst -� SPP 8 2 • Ca O • ` Maule Lake h •: r .. LEGEND Exhibit #2 01 -DA -12 r CJ L% A a CD z w b1 � Atlantic Oceim 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 A 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, II, 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: 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: an (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 qrE ' -�.•- 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, Eso. Rabbi Menachem Rosenfeld Michael Tabacinic Morris Kaplan Jaime Schapiro Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Attorney Attorney Owner Representative, President Consultant Consultant Architect Michael A. Vazquez, RE 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 J)"0- 2011. AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNE By: Rabbi Menachem Rosenfeld Title: President Address: 2941 N.E. 185 Street. #1301 Aventura, FL 333180 . 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. t SWORN TO AND SUBSCRIBED BEFORE ME this L day of JUA9— 2011. ^� Mho Notary Public St f Florida At Large Printed Name o tary Lr C4U_ }L� My commission expires gwil 7, 2012 don Iva is fu aairy PuEit U1dN 1 911 RA 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. [ ] 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; [) 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; [ ] 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 KH 2011. APPLICA REPRESENTATI By: �' (Signature) 1 �"A By: (Signature) Name: Stanle B.. t (Print) 2 Name: Brian S. Adler (Print) 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 117_ DAY OF 6 CQU 2011, PROPE TY ER' By: (Signature) Name: Rabbi Menac 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 —a_ DAY OF W ail 2011 REP RES N ATI [is t on Business Relationship Affidavit) By: I WV w J (Signature) By: (Signature Name: Rabbi Menachem Rosenfeld (Print) Name: Morris Kaplan (Print) Title: Owner /President (Print) (Signature)`����y Name: Stanley . rice (Print) Title: Attorney (Print) Title: Consultant (Print) By: (Signature Name: Jaime Schapiro (Print) Title: Architect (Print) �"l iv' a 1 t Si -�g- By: _(Signature) By: { nature g Name: Brian S. Adler (Print) Title: Title: Attorney (Print) By: By: (Signature) (Print) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: Engineer Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) Name: Dan Fortin. Jr. (Print) Title: Engineer (Print) By: (Signature Title: (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) (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 he/she executed this Affidavit for the purposes stated therein and that A is true and correct. SWORN TO AND SUBSCRIBED before me this 114- day of .201 rNMN C. IRIVEIIA NBlny ►%6k • IIYM of /lallfa comma low Fma 31" c�..wlf�. r loo rrll�al rM1111MtrM 1gtIrM11M1M111► STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) by me duly swom, did swear or affirm that ry Public S*tbAArido At LLne V Printed Name of Notary ' My commission expires: i 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. Ut.. -., r SWORN TO AND SUBSCRIBED before me this J day of A4/ 201 , .�A "r'4 CHRISTINE A. 9MR ro 05" P& � * * MY COMMISSION I DO 959316 EXPIRES: February 20,2014 s�44OF F7& Bwded Thru Budget No" Services STATE OF FLORIDA COUNTY OF MIAMI -DADE State of Printed Name of Notary My commission expres:—Z Y that he /she 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.C- VX' AFFIANT SWORN TO AND SUBSCRIBED before me this t 0 day of 2011. WILY P41k * * MY COMMISSION I DD 959346 c State of EXPIRES: February 20, 2014 �t T t F Air ou r�10`d �p BondedTMu &xgetWisoy elvrcet Printed Name of Notary My commission expires:_Z_1?_ Jul Y 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 jc == ' 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) [XJ 1. Aff+ant 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. 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; [ 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; (J 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: Attorney (Print) Title: Attorney (Print) By: / /`/ (Signature) By: (Signature) Name: Michael Tabacinic (Print) Name: Morris Kaplan (Print) Title: Consultant (Print) Title: Consultant (Print) By (Signature) By! (Signature) Name: Jaime Schapiro (Print) Name Dan Fortin, Jr (Print) Title: Architecht (Print) Title: Engineer (Print) WITNESS MY HAND THIS DAY OF 2011. PROPERTY OWNER: By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner Representative President (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 17— DAY OF 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) Title: By: 4 !!�_ (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: 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 duty 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 stated therein and that it is true and correct. 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, personaliy 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 correct. 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 duty swom, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is we and correct 2 AFFIANT SW ` ay of Mph , 2011. MY COMMISSION # DD 798851 EXPIRES: October 5. 2012 � Not t Large ln iewdian uc ate on Printed Name of Notary My commission expires: MIAMI 2545171.1 7944535695 BUSINESS RELATIONSHIP AFFIDAVIT* z r"eJ' nJ6. <r� 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. [ ] 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; [ ] 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; [ J 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 $,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ✓ t ' 2011. APPLICANT REPRESENTATIVE: By: (Signature) Name: Stanley B.. Price (Print) Title: Attorney (Print) By: (Signature) Name: Michael Tahacinic (Print) Title: +; Consultant (Print) By: v (Signature) Name: Jaime Schapiro (Print) Title: Architecht (Print) WITNESS MY HAND THIS - DAY OF PROPERTY OWNER: By: i (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner Representative, President (Print) 2011. By: (Signature) Name: Brian S. Adler (Print) Title: Attorney (Print) By., v (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 i(7 g DAY OF " t 2011 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: 7Signature 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) Name: Dan Fortin. Jr. Name: Brian S. Adler (Print) Title: Attorney (Print) Title: By: (Signature) (Print) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: (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) Title: (Print) By: (Signature) By: (Signature Title: (Print) 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. AFFIANT SWORN TO AND SUBSCRIBED before me this L day of (V9A, 2011. ) )� yj Notary Public Stale of Flprida At Large Printed Name of Notary , 1 I �p I My commission expires: I Z Q ) t-( Sf� •""�7 AMC, FA11101FC4W*y. FMtrtla>�;10, $014 MIAMI 2545171.1 7944535695 3 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(4) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) yj 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 ReiaLonship 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: (j 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 Gent 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, 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 , 200_. APPLICANT By (Signatu(e) Name: (Print) Title _(Print) WITNESS MY HAND THIS PROPERTY OWNER: DAY OF , 200_. By: _(Signature) Name: (Print) Title-, (Print) 'The terms "Business Relationship,' "Client," 'Customer, " 'Applicant' 'Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Cade. W1TN S MY H D THI DAY OF ��� 2011. REPR ENTATI t on Business Relationship Affidavit) By: (Signature) By:, (Signature Name: (Print) Name: (Print) Title:_ &CAHTe—m (Print) Title:___ (Print) By: (Signature) Name: (Print) Title: (Print) By:-- (Signature) Name: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By:__, (Signature) Title: (Print) (Print) By: (Signature) Title: (Print) Title: (Print) By:_ (Signature Name: (Print) Title:_ (Print) By: (Signature Name:_ (Print) Title:_.___. By: (Signature Title: (Print) Title: (Print) By: (Signature Title: (Print) Title: By:- (Signature Title: _ (Print) Ti0e:______ (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. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned auh", personally appeared Ba the t k --AV e duly swan, d swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct 11 SWORN TO AND SUBSCRIBED before me this. day of _ �� r"� 20�/ ► ; ��a;,,„ ROSEMARIE GRAFF _ w`r�:, Notary Public State of FloJAM36n. /, Public State of Flo 'da At • = My Comm. Expires Apt 7, 2 J b V p ye p "J'ejd a J� �'s'�, �• Commission Ar EE 1910 d �3 �, �_ _... 4,, ?,ail" , Sib v y Z Printed Name of Notary Bonded Through National Notary My commission expires:_ _ STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) Before me, the undersigned authority, personally appeared _ _ __. the Affanl, who being fi(s) by me duly swan, did swear or affirm that he/she executed this Afdut fa the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of _ ,_ „ 200_. STATE OF FLORIDA J COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ,. _ executed this Affidavit fa the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ _. day of _ — ._ ­200 STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) AFFIANT Notary Public State of Florida At Large Pnnfed Name of Notary My commission expires:._,_ the Affianl. who being first by me duly sworn, did swear or affirm that he /she AFFfANT Notary Public State of Flonda At Large Printed Name of Notary y My commission expires:__ _.. Before me, the undersigned authority, personally appeared -, _. ..._ the Affant, 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 coned. SWORN TO AND SUBSCRIBED before me this - day of .__. __- _, 200_ AFFiANT Notary Public State of Florida Al 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. [ 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; [ ] 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; [ J 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) By: (Signature) Name: Stanley B. Price (Print) Name: Brian S. Adler (Print) Title: Attorney (Print) Title: Attorney (Print) By. (Signature) By: (Signature) Name: Michael Tabacinic (Print) Name: Moms Kaplan (Print) Title: Consultant (Print) Title: Consultant (Print) By; {Signature) (Signature) Name: Jaime Schapiro (Print) ame Michael A. Vazquez, n l.." Title: Architecht (Print) Title: Civil Enoineer (Print) WITNESS MY HAND THIS DAY OF 2011. PROPERTY OWNER: By: (Signature) Name: Rabbi Menachem Rosenfeld (Print) Title: Owner Representative President (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 3t 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: Attorney (Print) By: (Signature) (Signature) Title: Name: Brian S. Adler (Print) By: Title: Attorney--(Print) (Print) Title: By (Print) (Signature) Title: Michael Tabacinic (Print) Title: Consultant (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Name: Morris Kaplan (Print) Title: Consultant (Print) By: (Signature) Name: Jaime Scha iro (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. 3 1-71 (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 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 Michael A. Vazquez, 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 confect / `ASP ANT p, SWORN TO AND SUBSCRIBED before me thiso day of , 2011. NQM Pubjc ite6Ffq=a rg�rl lZe Printed Name of Notary (� //(��`���,,.��.�� My commission expres:�J.LL�'S &O H VAN fi4X4 Nair ry PubNe StM d Ftor idta Rom samd j� My CORM11bik EF- 006123 EVW OYAT=14 MIAMI 2545171.1 7944535695 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, 11 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 3rd 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 PUBLIC NOTICE Public Notice is hereby given that the City of Aventura Local Planning Agency will rneet 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, 11 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 11 -249/1 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 Holioays) 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 12/20/2011 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 advertisement for publication in the said newspaper. Sworn to and subscribed before me this I 20 day of DECEMBER , A.&w -1511 (SEAL) V. PEREZ personally known to me Notary Public State ofState of Cheryl H. Mariner My Commission DD793490 or c.� Expires 07/18012