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09-07-2004 Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Ho1zberg A~e City of ~ventura Q City MJIn~ Eric M. Soroka at}' CammiINina Jeffrey M. Perlow, Mayor Cily Clerk Teresa M. Soroka, CMC City Attorn<;y Weiss Serota Helfman Pastoriza Guedes Boniske & Cole AGENDA SEPTEMBER 7, 2004 6 PM Government Center 19200 West Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Conunissioo's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when he 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 affmnation. 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 pennitted 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ABANDONING THAT PORTION OF NE 29 COURT LYING NORTH OF NE 214 TERRACE, AS RESERVED ON THE PLAT OF HALLANDALE PARK, PLAT BOOK 12, PAGE 37 OF THE PUBLIC RECORDS OF MIAMl- DADE COUNTY, FLORIDA; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(0(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW DEVELOPMENT OF A PARCEL MEASURING 0.981 ACRES IN SIZE IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MINIMUM LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 21420 BISCA YNE BOULEVARD, CITY OF A VENTURA, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-238(e)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A WALL SqiladIlr7, 2004 r............ ~ AND FENCE TOTALING TWELVE FEET IN HEIGHT FOR THE MEDICAL GAS ENCLOSURE AT THE A VENTURA HOSPITAL CENTRAL ENERGY PLAN SITE, WHERE A MAXIMUM TEN FOOT HIGH WALL AND FENCE IS PERMITTED BY CODE, FOR PROPERTY LOCATED AT 21100 NE 28 A VENUE, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR MIAMI BEACH HEALTH CARE LTD O/A AVENTURA HOSPITAL AND MEDICAL CENTER LOCATED AT 20900 BISCA YNE BOULEVARD, TO PERMIT A WALL SIGN ON THE NORTH BUILDING ELEVATION MEASURING 185 SQUARE FEET, WHERE A WALL SIGN MEASURING 171 SQUARE FEET IS PERMITTED BY CODE AND TO PERMIT A WALL SIGN ON THE SOUTH BUILDING ELEVATION MEASURING 276 SQUARE FEET WHERE A WALL SIGN MEASURING 196 SQUARE FEET IS PERMITTED BY CODE; PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(e)(4)d.l. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A NORTH STREET SIDEYARD SETBACK OF 14.75 FEET, WHERE A MINIMUM 15 FOOT SETBACK IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31-171(a)(6)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 7.5 FOOT WIDE AND A MINIMUM 16 FOOT LONG SIZE OF PARKING STALL IN THE EXISTING TWO-STORY PARKING STRUCTURES, WHERE A MINIMUM PARKING STALL SIZE OF 9 FEET WIDE BY 18 FOOT LONG IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31- 171(a)(6)d. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 22 FOOT WIDE DRIVE AISLE BETWEEN THE TWO EXISTING OFFICE BUILDINGS, A MINIMUM 20 FOOT WIDE ENTRYIEXIT DRIVE AISLE TO THE EXISTING NORTH PARKING GARAGE FROM NE 209 STREET AND A MINIMUM 23 FOOT WIDE ENTRYIEXIT DRIVE AISLE TO THE EXISTNG SOUTH PARKING GARAGE FROM NE 207 STREET WHERE AS MINIMUM 24 FOOT WIDE DRIVE AISLE IS REQUIRED BY CODE; AND A VARIANCE FROM SECTION 31-144(e)(4)c.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING STRUCTURE THAT IS NOT 2 SqiladIlr7, 2004r--~ INCORPORATED INTO THE BUILDING ENVELOPE FOR THE TWO EXISTING TWO-STORY PARKING STRUCTURES, WHERE THE CODE REQUIRES THAT ANY STRUCTURED PARKING SERVING THE PRIMARY USE ON THE SITE SHALL BE INCORPORATED INTO THE BUILDING ENVELOPE; FOR PROPERTY LOCATED AT 20801 AND 20803 BISCA YNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENT A TIONS: North Miami Beach Deputy Chief Linda Loizzo Expression of appreciation to A ventura Police Department for assistance during funeral arrangements/services for NMB Police Sgt. Orestes Lorenzo 6. CONSENT AGENDA: Matters ittcluded under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: July 6, 2004 Commission Meeting July 22, 2004 Special Meeting July 22, 2004 Budget Review Meeting July 22,2004 Workshop Meeting August 24, 2004 Special Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-08-10-2, YACHT CLUB WAY BEAUTIFICATION IMPROVEMENTS, TO TRINTEC CONSTRUCTION, INC. AT THE BID PRICE OF $378,631.77; 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; 3 SqiladIlr7, 2004 r............ ~ PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID A WARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA PROVIDING FOR ACCEPTANCE FOR THE CITY OF A VENTURA TO DESIGNATE A PORTION OF CITY OWNED PROPERTY ABUTTING THE WEST SIDE OF BISCAYNE BOULEVARD AT THE NE 213TH STREET INTERSECTION FOR DRAINAGE EASEMENT DEDICATION ALLOWING PERPETUAL RIGHTS TO THE CITY FOR ACCESS AND MAINTENANCE OF THAT PORTION OF THE PROPOSED HOSPITAL DISTRICT NORTH COLLECTOR SYSTEM; AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-047 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 185TH STREET CONNECTOR IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $145,000 FOR THE E911 CONSULTANT AND STUDY, SHELVING AND CABINETS FOR DIVE TEAM, CRIME PREVENTION AND BREAK ROOM, TACTICAL CARBINES AND CONSTRUCTION OF EMERGENCY EGRESS LANE ALONG THE NORTH BOUNDARY OF GOVERNMENT CENTER FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. G. MOTION TO REJECT SOLE BID TENDERED FOR BID NO. 04- 08-16-2, ILLUMINATED STREET NAME SIGN IMPROVEMENTS, AND AUTHORIZE CITY MANAGER TO NEGOTIATE WITH SOLE BIDDER. H. MOTION APPROVING REQUEST OF MERCO GROUP AT A VENTURA LANDINGS I, II AND III INC. FOR EXTENSION OF THE APPROVALS GRANTED THROUGH RESOLUTION 4 SqiladIlr7, 2004 r............ ~ NO. 2003-64 FOR AN ADDITIONAL SIX (6) MONTH PERIOD FROM SEPTEMBER 2, 2004 TO MARCH 2, 2005. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT TO IMPLEMENT A "DON'T CROSS THE LINE" PROGRAM AT THE INTERSECTIONS OF BISCA YNE BOULEVARD AND MIAMI GARDENS DRIVE AND BISCA YNE BOULEVARD AND WILLIAMS ISLAND ROAD IN ORDER TO ELIMINATE MOTORISTS FROM BLOCKING INTERSECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. J. MOTION TO ACCEPT RECOMMENDATION OF COMMUNITY SERVICES ADVISORY BOARD AND CITY MANAGER FOR FOUNDER'S DAY PROGRAM IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED AUGUST 27, 2004. K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA A WARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-8-30-2, PUBLIC WORKS AND LANDSCAPE MAINTENANCE SERVICES TO LUKE'S LANDSCAPING AT THE BID PRICE OF $1,333,795.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID A WARD; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READINGIPUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY DELETING THE REQUIREMENT OF MEDITERRANEAN DESIGN FEATURES AND BY DELETING THE PROVISION FOR CONDITIONAL USE APPROVAL OF ARCHITECTURAL STYLES OTHERTHAN MEDITERRANEAN DESIGN FOR PROPERTIES IN THE RMF3A AND RMF3B ZONING DISTRICTS; PROVIDING FOR 5 SqiladIlr7, 2004r--~ SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING EXHIBIT "B" TO AN APPROVED DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 2003 MADE BETWEEN MERCO GROUP AT A VENTURA LANDINGS I, II AND III, INC. AND THE CITY OF A VENTURA REGARDING THE CONDOMINIUM PARCEL NORTH OF PROPOSED NE 185 STREET AND WEST OF NE 28 COURT FOR PROPERTY LOCATED ON NE 28 COURT AND NE 185 STREET, CITY OF A VENTURA, TO CHANGE THE PROPOSED MAXIMUM NUMBER OF STORIES OF THE CONDOMINIUM FROM 18 STORIES TO 19 STORIES AND TO CHANGE THE PROPOSED MAXIMUM HEIGHT OF THE CONDOMINIUM FROM 186'6" TO 183'8"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: None. 9. RESOLUTIONS - PUBLIC HEARING: None 10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS I" BUDGET PUBLIC HEARING 2ND BUDGET PUBLIC HEARING WORKSHOP MEETING COMMISSION MEETING SEPTEMBER 9, 2004 SEPTEMBER 21, 2004 SEPTEMBER 23, 2004 OCTOBER 5, 2004 6 P.M. 6 P.M. 10 A.M. 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466.8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to 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. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager TO: City Commission BY: Joanne Carr, AICP Planning Director DATE: August 10, 2004 SUBJECT: Request of H & K Development LLLP for: (1) Abandonment of a Portion of the Public Right-of-Way of NE 29 Court on the Plat of Hallandale Park, Aventura (01-AR-04); and (2) Variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) District, where a minimum lot size of 1.5 acres is required by Code (01-V AR-04). September 7,2004 City Commission Meeting Agenda Item..3....ll.- RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for abandonment of a portion of the public right-of-way of NE 29 Court lying north of NE 214 Terrace on the plat of Hallandale Park, subject to the following condition: i. That the applicant record a Unity of Title in form satisfactory to the City Attorney to join the abandoned right of way with the lands owned by the applicant to the east and west, or, in the alternative, apply for and obtain plat or replat which combines the property with the abandoned right of way as one parcel. 2. Approve the request for variance to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) District, where a minimum lot size of 1.5 acres is required by Code, subject to the following conditions: i. Plans shall substantially comply with those submitted as follows: . "Medical Office Building", Cover Sheet, Sheet AO.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Data Summary, Sheet AO.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, revised 08/10/04 signed and sealed 08/10/04. . "Medical Office Building", Site Plan and Flood Control, SheetA1.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Ground Level Plan, Sheet A1.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Floor Plan, Sheet A1.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Office Floor Plan, Roof Level Plan, Sheet A1.03, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Building Elevations, Sheet A2.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Elevations East and West, Sheet A2.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Hochstein-Kane Building", Boundary and Topographic Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/17/04, signed and sealed 02/27/04. . "Hochstein-Kane Medical Office Building", Landscape Plan, Sheet LP-1, prepared by Mariano Corral, dated OS/28/04, signed and sealed. ii. This variance approval is subject to approval of the abandonment of right of way under Application No. 01-AR-04 and fulfillment of its condition. iii. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Accept the applicant's offer to the City of the sum of $53,500.00 to compensate for the loss of corridor landscaping potential for the abandoned portion of right of way. THE REQUESTS The applicant, H & K Development LLLP, is requesting abandonment of a portion of the public Right-of-Way of NE 29 Court lying north of NE 214 Terrace on the Plat of Hallandale Park, Aventura and a variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in 2 size in the Medical Office (MO) District, where a minimum lot size of 1.5 acres is required by Code. (See Exhibit #1 for Letters of Intent) BACKGROUND APPLICANT OWNER OF PROPERTY LOCATION OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION SURROUNDING PROPERTIES Zoning - Subject Property North East South West Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: H & K Development LLLP H & K Development LLLP (Parcels I and II) City of Aventura (right of way) 21420 Biscayne Boulevard (Parcels I and II) and Unimproved portion of NE 29 Court lying north of NE 214 Terrace (See Exhibit #2 for Location Plan for Parcels I and II and Exhibit #3 for sketch of description of right of way) Approximately 0.858 acres for Parcels I and II Approximately 0.123 acres for right of way See Exhibit #4 for legal description of Parcels I and II and portion of right of way to be abandoned MO (Medical Office District) City of Hallandale, Broward County Business Limited (BL) Zoning District B2 (Community Business District) MO (Medical Office District) MO (Medical Office District) vacant day care center vacant vacant vacant Future land Use - According to the City of A ventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Property to the North: Business and Office Business (City of Hallandale) 3 Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office The Site - The site is located on the west side of Biscayne Boulevard at the north City limit. The applicant has purchased a vacant site fronting on Biscayne Boulevard and two vacant lots on NE 214 Terrace measuring 0.858 acres in total. The 0.123 acre portion of the right of way requested to be abandoned lies between these two parcels. The Project -The applicant proposes to construct a 10 story, 136 foot tall medical office building containing 157,073 square feet with 235 parking spaces in the first seven levels and 56,814 square feet of office space on the top three levels. The fa9ade of the parking levels has been designed to complement the fac;:ade of the office stories. A pedestrian walkway is provided along the south side of the site to connect the existing public sidewalk on Biscayne Boulevard to the lobby. The walkway continues to connect to future sidewalks on NE 214 Terrace. Access is by way of Biscayne Boulevard and NE 214 Terrace. The owner is required to extend water and sewer lines from their existing terminus to the site. Site plan review is currently underway by City staff. Final approval of the site plan is subject to approval of the applications for abandonment of right of way and variance. ANALYSIS Consistency with Comprehensive Master Plan . The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcels is Business and Office. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The applicant has submitted an application for administrative site plan approval for development of a medical office building in the Medical Office (MO) zoning district. The proposed development parcel consists of 0.981 acres comprised of a parcel on the west side of Biscayne Boulevard, two lots on NE 214 Terrace and a portion of an unimproved right of way reservation lying between these two parcels. An application for abandonment of this right of way has been submitted by the applicant along with an application for variance for reduced lot size. The proposed medical office development complies with the intent of the Medical Office (MO) zoning district. It is noted that the requested variance is governed by the quasi-judicial standards of Section 31-71 of the City Code, while the abandonment of right of way is purely a discretionary legislative decision of the City Commission. 4 ReQuest #1: Abandonment of a Portion of the Public RiQht-of-Wav of NE 29 Court on the Plat of Hallandale Park. Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency, all public interest in it must first be extinguished. Public interest can include, but is not limited to, maintaining an appropriate traffic circulation system, maintaining adequate landscaping, and ensuring that utility and access easements remain available if needed. Roadway level of Service - The portion of the right of way requested to be abandoned is presently unimproved and lies to the north of NE 214 Terrace, running to the north City limit. The applicant has provided a letter from the City Engineer for the City of Hallandale advising that this right of way reservation in the City of Aventura will have no through street connection to the north. The parking areas of the two developments immediately to the north in the City of Hallandale block any future northerly connection to this right of way. Thus, the abandonment will have no impact on future transportation levels of service. Utility Easements - The applicant has submitted a title report indicating that there are presently no easements or encumbrances on this right of way reservation. The applicant will be required to provide any necessary utility easements through the site plan approval process. landscaping - The right-of-way parcel contains no landscaping and is currently vacant. The abandonment of the right-of-way forecloses the possibility of improving landscaping within the corridors. To compensate for this, the applicants have offered to donate the sum of $53,500 to the City, which is an amount equal to the appraised "as is" market value of the abandoned right of way as determined by the appraisal report provided by the applicant dated February 2, 2004. ReQuest #2: A variance to permit development of a parcel measurinQ 0.981 acres in size where a minimum lot size of 1.5 acres is reQuired bv Code. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. 5 The applicant advises that the hardship at this location is caused by particular physical surroundings of this property. The north boundary of the parcel is the north City limit and the east boundary is Biscayne Boulevard. The applicant advises that it has attempted to purchase property to the west and south but was unable to acquire any additional lands. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other properly within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. While each variance request is of an independent and unique nature, the following history is provided for informational purposes. The City Commission has previously approved a variance for a reduced lot size in the Medical Office (MO) zoning district for a medical office building on East Dixie Highway between NE 206 Street and NE 207 Street. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The applicant has purchased an existing lot on the west side of Biscayne Boulevard, two lots on NE 214 Terrace and is requesting abandonment of a right of way between these parcels to obtain a parcel that can be developed to site development standards of the Medical Office district. The applicant advises that it has been unable to negotiate purchase of any additional adjoining land. All of the site development standards with the exception of the lot size have been met. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other properly or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed office building has been designed to comply with all site development criteria of the Medical Office zoning district, except the lot size for which the variance is requested. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair properly values within the vicinity. 6 The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Ingress and egress to the building is proposed by way of Biscayne Boulevard and NE 214 Terrace. A pedestrian sidewalk along the south side of the building connects the public sidewalk on Biscayne Boulevard to the building's lobby and to future sidewalks on NE 214 Terrace. 7 EXHIBIT #1 01-AR-G4 & 01-VAR-G4 Letter of Intent The subject property located at 21420 Biscayne Boulevard, Aventura, Florida, which is on the west side of Biscayne Boulevard and is the northern-most property in the City of Aventura, Florida before entering the City of Hallandale. The property is currently zoned for medical offices and the Applicants are proposing to build a ten-story medical office complex with parking. The Applicants purchased the subject property which consists of two (2) separate parcels. In between the two (2) parcels is shown a right-of-way on the plat of Hallandale Park. In conjunction with the application, the Applicants are requesting that the City vacate the proposed right-of-way which is currently vacant property that adjoins the Applicants' property. The Applicants are requesting a variance from the required lot size of one and one-half acres. The Applicants believe the particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the subject property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Applicants believe the conditions upon which the request of a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The Applicants believe the alleged difficulty or hardship is not economic and has not been deliberately created to establish a c:\wp Files\ZONING\hochstein\intent.2.wpd use or structure which is not otherwise consistent with the Land Development Regulations. The Applicants believe the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The Applicants believe the proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The subject property is unique in that it sits on the City line and therefore it is physically impossible to expand either to the North or to the East. The Applicants believe that this area was meant to attract medical offices and Applicants respectfully request approval of their medical office building in conjunction with their site plan submitted. ~ J. SNYDER, Attorney for Applicant, H & K Development, LLLP, a Florida limited partnership Dr. Leonard Hochstein, General Partner and Dr. Daniel Kane, General Partner C:\WP Files\ZONING\hochstein\intent.2.wpd Letter of Intent The subject property is a strip of land reserved on the plat of Hallandale Park, lying North of th N.E. 2l4th Terrace, Aventura, Florida 33180, which presently consists of dirt and weeds. The subject property is vacant property and has never been developed and further, it is shown on the plat of Hallandale Park as a future connector road to the City of Hallandale. A letter from the City of Hallandale Beach, Florida, which is attached hereto and made a part hereof, sets forth that the City of Hallandale has no plans to connect the proposed extension into its city. The Applicant is the owner of two (2) parcels of land on either side of the reserved right-of-way. The Applicant has also filed with the City of Aventura an application for site plan approval for a medical office building. The Applicant believes that the reserved right-of-way would have very little, if any, public use or benefit. The Applicant is respectfully requesting that the right-of-way be abandoned and further, the Applicant desires to enter into negotiations with the City of Aventura for determination of the impact offset for such abandonment. The abandonment road is proposed to be used in connection with the development of its c:\wp Files\ZONING\hochstein\INTENT.wpd medical office building. C:\WP Files\ZONING\hochstein\INTENT,wpd ~. 'NYDER, Attorney for Applicant, H & K Development, LLLP, a Florida limited partnership Dr. Leonard Hochstein, General Partner and Dr. Daniel Kane, General Partner crrr OF [Jjeodv ALLANDALE BEACH Ciry of Choice October 13,2003 400 South Federal Highway Hallandale Beach, FL 33009-6433 Phone: (954) 458-3251 Fax: (954) 457-1342 ~.~chaeIJ. Snyder ~chael J. Snyder & Associates, PA 4000 Hollywood Boulevard Suite 455-S Hollywood, Florida 33021 Re: Property Located at 21420 Biscayne Boulevard, Aventura, Florida 33180 Dear ~. Snyder: In response to your request dated September 12, 2003, City of Hall and ale Beach staff has reviewed the boundary survey that shows your clients' property which is the northern most piece in the City of Aventura fronting Biscayne Boulevard on the west side of the street. We have reviewed the proposed N.E. 2l3th Street extension that would run through your clients' property if built at a later date. This letter is confirming to the City of Aventura that the City of Hallandale Beach will have no through street connecting to the proposed N.E. 213th Street extension now or in the future. If you have any questions, please feel free to give me a call at (954) 457-1622. Sincerely, THE CITY OF HALLANDALE BEACH -110-- ~~ Marc Gambrill, P.E. City Engineer cc: Jenny Cheretis, P.E., Director of DPWlUtilities & Engineering Christy Dominguez, Director of Development Services P:\ENOINEERINO\PROJECTS\MISCELl.EANEOUS\Mich:ael Snyd<< Proposed NE213S1reetExtcnsion IOI303.doc .': ~?\\ · V II) . \ . . ,.---........ . ( . '~. JrU I.: ~ {J:: . It · - g:j . ;it .. IS · '"" . . . . ,g' . ",. . . . . . . . . . . ,_"""JL.,, : .-- . -~. ~ ~_.... ". ... ..~--;;. ""..... .........." ...... I,." . . __,'---) ~-.;;:;. . . . . . . . . . . . . . . . . . ....~.............~ .. L ___ ... ~~ '--- ..+ ---- .. . . - : .... ! . . .. . .. ... BROWARD COUNTY .'_1_1_1-- DADE COUNTY :. ;. .. :. :. ;i1 .. :1 :. :. :. .. :. :. :. :. :1 :. :. :. '. IVES DAIRY RD. . :. :. :. :. .. :. :. :. .. :. :. :. :. :. .. :. :- :. :. :. .. ;. .. :. ;. .. :. :. .. :. :. :. :. :. . ~ :I: w X 15 :;:: MIAMI GARDENS DR. SUBJECT SITE 207ST. COUNTRY CLUB DR. ( kn '" /~\ O~~\ V . C'r</-z ......) i\. '~J.<, . 1(. (. \, i 1..._. . '....- ,- \ 201 TER. a: c lD :::J ...J o >- a: ... z :::J o o TlIrtlMrry Isle Resort &. Club )'.... LJ< AVENTURA e\)lO. Fire I D Rucue AlIentUTa Station library /'", ( 1 ---. Al'emura Mall 192 ST. 191 ST. Loelunaw,'s Fashiofl u.i Is/alld ~ Ol '" 188 ST. Dumfoundling Boy Little Maule Lak. *' '" ~ ~ LEGEND Maule Laic< ----. \ I \ , ...... EXHIBIT #2 01-AR-04 & 01-V AR-04 192 ST. -- I ci ~ lD Z i1i o o g '" z i1i o o Atlantic Ocean e Roadways City Boundary ZIP Code Boundary Railroad Drawn By OANJR Ii Cad. No. 040846 et. Drrf'. I . 4004-004 Plotted: 5/5/04 3:52p EXHIBIT #3 01-AR-04 & 01-V AR-04 COUNTY L1NE"\ 6 7 8 9 10 6 7 8 9 1 24 N.E. 214TH TERRACE 1- a: :J o () :r: 1- <0 C\l W Z N.E. 214TH STREET ( BROWARD COUNTY MIAMI-DADE COUNTY 1- a: :J o () :r: 1- 0> C\l u! z ~ ">s>-. O'/J,J . <:;:j~ 00,)... ot:tj~ 0:: !JJ:s: f..tJf::J:: ~~S! ~(j::t: CI) f:!! CI)' Cl:) :::j '" 8 ;zt ~~ 15& ""'~ ~ !I is Q ~ RIGHT-OF-WAY VACATION I Date 5/6/04 ale NOT TO SCALE Job. No. 040846 g. No. 1004-055 Sheet 3 at 3 LOCATION SKETCH FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CBR."l"IPICATB OF At.rI"HOlUZATlON NUMBER.: 000036$3 180 N_'" .-wt 168tb.. Street I NOI'tb. MlaD:d. Beach. P1.odda. 33162 Phone: 305-653-4493 I F--. 305-651-7152 I Bmai1 fk@fIdurvey..oom. EXHIBIT #4 01-AR-04 & 01-V AR-04 Parcel I: It. portiou of Lot 1 la. Z1ock. 3 all4 tb.. -r1Cbt-of-way adjaceut tb.ereto, ill Soctioa."34, -:oVQ~bip 51 'Soutll, a.U.S._ 4% "...t. "HA'. OF Tim TOilS or IlALLAlIDALU, DAn COllll'N. FLOtIDA", a'cc..4~..& to .tho plat tbote.of &. cecorc1ed o1a Plat Book "~'". tt..&.~ 1', ru.b1.f.c &~cor-c!. or >>.40 County. ~lor~4.. soee particularly 4..cr~be4'.~1 . licS'i. at .tb. la.ccc..ctl.oll of tbo If..tarl:r RJ.Sbt-of-V.j li.a.e of. '1'04.1'&1 llS:cbva7 (V.I. "No. t) wl.Cb Clio'. Borth lia,e of tlio Korthve.t 1/4 of ..la a.ct1.oa. 34 .. .hovD on. ell. "1.1.&bC;-~.~-".,.. 'laa. for &'0.. 110. ." accor41'll1i to tb.e Plat t:b.Q1:aof a. '~..cord.ecr La. Plat look '4. at raC. 54. of t.. ...'lic "ecord, er >>.4. C'ouut1.';- J'lol'lcla ~p.4 ~.... V..t al.., tlaa af.~_..14..."tb 11.. of tla.. 1I0"tlal'..t lIlt eo.. 3Z0....' tbe... BOQtb'l-U':/.O. Sut &l..,. 11.... ,a~all.1. "lob al14 222.' X.et Qf tile V.,t 1.1.. of ~1a. .fo~...1.4 Lo.c I, Block 3, fo~ 100.03', tla...ca z..t ..h., . Ih.. '....1101 vltla. .114 100' Soutb of tb. .aU Boctb 1.t". af tla. Hoctlava.t lIlt foc ''''4..61' C. . p.tet ell tho lIuted,. klSllt...f,.V.,. It.. of 1:_4..&1 Jll,lave:l'l .d4 potet . bO.E' louch 1S-47'33. E..t ~EO. cbe ra41.. ,olut of the ae&c dc..crlb.4 cury..; tb.ace lorth...terl,.. alooa: &. clr.:ular cvc'vo to tbe left b.tes cohet4D"t vlola tla. .b.....U 1I..t.."I,. H,bt-Df-lIa,. 11.11.0 of a.s. Ko. 1 .,Yllll . l'a41uI Qf. 3"4~'3' ...a.el ....cel1C:r.l &11&:le of! 1-33'%4" for aD. Irc cU.t&llce of loi..a3' to the point of be.1GDia.s, l,.lQ&: au4 be:luc la bade. CC?\lut1.. 1'.!o1\f.~a. : Parcel n: Lots 9 and 10. Block 24, HALLANDALE PARK, according to the map or plat thercofas recorded in Plat Book 12, Page(s) 37, Public Records of Miami-Dade County, Florida. Parcel III: A portion of a reserved strip of land as shown on the plat of HALLANDAlE PARK, as recorded in Plat Book 12 ot Page 37 of the Public Records of Miami-Dade County, Florida. being more particularly described as follows: Begin at the Northeast corner of Lot 10, Block 24 of said plat of HALLANDALE PARK; thence N89'54'01"E along the North line of the NW 1/4 of Section 34, Township 51 South, Range 42 East, for 52.38 feet; thence S01'19'15"E along the East line of West 222.00 feet of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 in said Section 34, for 100.02 feet; thence S89'54'Ol"W along 0 line parallel with and 100 feet South of the said North line of the Northwest 1/4, for 54.50 feet to a point on the East line of said Lot 10; thence NOO'06'28"W along the East line of said Lot 10 for 100.00 feet to the POINT OF BEGINNING. RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 29 COURT LYING NORTH OF NE 214 TERRACE, AS RESERVED ON THE PLAT OF HALLANDALE PARK, PLAT BOOK 12, PAGE 37 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 144(f)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW DEVELOPMENT OF A PARCEL MEASURING 0.981 ACRES IN SIZE IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MINIMUM LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the Applicant, H & K Development LLLP, through Application No. 01-AR-04, has requested abandonment of that portion of NE 29 Court lying north of NE 214 Terrace reserved on the plat of Hallandale Park, measuring approximately 54 feet in width and 100 feet in length; and WHEREAS the Applicant has proffered to the City the sum of $53,500.00 as an impact offset for the abandonment of such right of way and such proffer has been accepted by the City Commission; and WHEREAS, the applicant, H & K Development LLLP, through Application No. 01-VAR-04, is requesting a variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) district, where a minimum lot size of 1.5 acres is required by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2004-_ Page 2 WHEREAS, the City Commission finds that the Applications meet the criteria of the applicable codes and ordinances, to the extent the Applications are granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-AR-04 for abandonment of the portion of NE 29 Court lying north of NE 214 Terrace and reserved on the plat of Hallandale Park, legally described in Exhibit "A" to this resolution is hereby granted as in the public interest, subject to the following condition: 1. That the applicant record a Unity of Title in form satisfactory to the City Attorney to join the abandoned right of way with the lands owned by the applicant to the east and west, or, in the alternative, apply for and obtain plat or replat which combines the property with the abandoned right of way as one parcel. Section 2. Application No. 01-VAR-04 for a variance from Section 31-144(f)(4)a. of the City's Land Development Regulations to allow development of a parcel measuring 0.981 acres in size in the Medical Office (MO) district, where a minimum lot size of 1.5 acres is required by Code, on property at 21420 Biscayne Boulevard, Aventura, legally described in Exhibit "B" to this resolution is hereby granted to the Applicant, subject to the following conditions: i. Plans shall substantially comply with those submitted as follows: . "Medical Office Building", Cover Sheet, Sheet AO.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Data Summary, Sheet AO.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, revised 08/10/04, signed and sealed 08/10/04. . "Medical Office Building", Site Plan and Flood Control, Sheet A 1.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Ground Level Plan, Sheet A 1.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. Resolution No. 2004-_ Page 3 . "Medical Office Building", Floor Plan, Sheet A 1.02, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Office Floor Plan, Roof Level Plan, Sheet A 1.03, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Building Elevations, Sheet A2.00, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Medical Office Building", Elevations East and West, Sheet A2.01, prepared by Kobi Karp Architecture Interior Design Planning, dated 04/01/04, signed and sealed 06/22/04. . "Hochstein-Kane Building", Boundary and Topographic Survey, Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/17/04, signed and sealed 02/27/04. . "Hochstein-Kane Medical Office Building", Landscape Plan, Sheet LP-1, prepared by Mariano Corral, dated OS/28/04, signed and sealed. ii. This variance approval is subject to approval of the abandonment of right of way under Application No. 01-AR-04 and fulfillment of its conditions. iii. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. 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 Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 4 PASSED AND ADOPTED this 7th day of September, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2004. CITY CLERK Resolution No. 2004-_ Page 5 EXHIBIT "A" A portion of a reserved strip of land as shown on the plat of Hallandale Park, as recorded in Plat Book 12 at Page 37 of the Public Record of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 10, Block 24 of said plat of Hallandale Park; thence N89054'01"E along the north line of the NW Yo of Section 34, Township 51 South, Range 42 East for 52.38 feet; thence S01 019' 15"E along the east line of the West 222 feet of the NE Yo of the NE Yo of the NW Yo of said Section 34 for 100.02 feet; thence S89054'01"W along a line parallel with and 100 feet south of the said north line of the NW Yo for 54.50 feet to a point on the east line of said Lot 10; thence NOoo06'28"W along the east line of said Lot 1 0 for 1 00 feet to the point of beginning. Resolution No. 2004- Page 6 EXHIBIT "B" A portion of Lot 1 in Block 3 and the right of way adjacent thereto in Section 34,Township 51 South, Range 42 East, "Map of the Town of Hallandale, Dade County, Florida", according to the plat thereof as recorded in Plat Book B, Page 13, Public Records of Miami-Dade County, Florida, more particularly described as follows: Begin at the intersection of the westerly right of way line of Federal Highway (U.S. No.1) with the north line of the Northwest Y. of said Section 34 as shown on the "Right of way Plans for Road NO.4" according to the plat thereof as recorded in Plat Book 34 at Page 54 of the Public Records of Miami-Dade County, Florida and run West along the aforesaid North line of the Northwest Y. for 320.8'; thence South 1019'20" East along a line parallel with and 222' East of the West line of the aforesaid Lot 1, Block 3 for 100.03'; thence East along a line parallel with and 100' South of the said North line of the Northwest Y. for 294.61' to a point on the westerly right of way line of Federal Highway; said point bears South 75047'33" East from the radius point of the next described curve; thence Northeasterly along a circular curve to the left being coincident with the aforesaid Westerly right of way line of U.S. No.1 having a radius of 3784.83' and a central angle of 1033'24" for an arc distance of 102.83' to the point of beginning, lying and being in Miami-Dade County, Florida And all of Lots 9 and 10, Block 24, Hallandale Park, according to the map or plat thereof as recorded in Plat Book 12, Page 37, Public Records of Miami-Dade County, Florida And a portion of a reserved strip of land as shown on the plat of Hallandale Park, as recorded in Plat Book 12 at Page 37 of the Public Record of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 10, Block 24 of said plat of Hallandale Park; thence N89054'01"E along the north line of the NW Y. of Section 34, Township 51 South, Range 42 East for 52.38 feet; thence S01019'15"E along the east line of the West 222 feet of the NE Y. of the NE Y. of the NW Y. of said Section 34 for 100.02 feet; thence S89054'01"W along a line parallel with and 100 feet south of the said north line of the NW Y. for 54.50 feet to a point on the east line of said Lot 10; thence N00006'28"W along the east line of said Lot 1 0 for 1 00 feet to the point of beginning. 1'= -.'. '. I IJ! '~~~ RECEIVED APPLICANT REPRESENTATIVE AFFIDAVIT AUG 1 2 2004 '.;DMMU",r r : TIELUf"'0t1!' Pursuant to Section 31-71 (b)(2)(i) olthe City of Aventura Land Development Code. this ApprlCaflt Representative Affidavit is hereby made and submitted. The undersigned aulhorized representative of the ildividual or entity applying for the Development Pennit, which is identified in the accompanying apprlCation. and the owner of the property subject to the application Cd different) hereby lists and identifies all persons representing the individual or entity applying for the Development Pennn k1 connection with the application. as follows: Name Relationship fe. AUomeys, A1d1iteds, l.endstape An;hneds, EnglneelS, Lobbyisls. Etc.} Michael J. Snyder & Associates, P_A. Attorney Kobi Karp Civil Engineers Architect Fortin. Leavv Skiles, Inc. (Altach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFADAVIT 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 ~ DAY OF August .Jfi(ld. 2004 VELOPMENT, LLLP, 'mited partnership AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER H By: By: (Signature) Name: Name: (Print) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE). Before me the undersigned authority personally appeared Or - Leonard HochMi a . ed representative of the ApprlCaflt and/or the owner of the property subject to the apprlCation. who being first by me duly s ~ ear or affinn that he/she executed this Affidavit for the purposes stated therein and that II is true and correct. Title: 19495 Biscayne Boulevard '204 Address: ~~UL" P'b'.:~l~ 33180 ~L~' General Partner Trtle: Address: SWORN TO AND SUBSCRIBED BEFORE ME this if day of AUQust RD HOCHSTEIN ~,"-:.r.~:'~"'"" Teresa Hall {'I'll;. ~\ M~ COMMISSION I 00154432 EXPIRES ~\~::~ December 18, 2006 ~;;.,.... ..i~$ 6ONOEOTH~U TROY FAIN INSURANCE, INe '1i,W.,,'fr,'" Notary Public State of Printed Name of Notary My commission expires: STATE OF FLORIDA ss: COUNTY OF MIAMI-DADE ~fi D DANIEL KANE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared DR. DANIEL KANE, who executed the foregoing instrument and he acknowledged before me that he executed the same. He is personally known to me or produced as identification.-" " v-/ WITNESS my hand and official seal, this ~ day of August, 2004. ~~ ,~"lj " N.i .1 f>J l/\,.,..X-/' ROTARY PUBLf .t'~~~~ Teresa Hall [.f'i!i.~;~ MYCOMMISSION# DD154432 EXPIRES 'i!i'~.s; December 1~ 2006 '~Rr.~W' SOHDEDTHI1UTROYfAININSlJAANC~INC. - BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant \0 Section 31-71(b)(2)(i) ot lhe City of Aveotura Land Development Code. The undersigned Alfl3Ilt hereby d'lSCloses lhat (mark with Y apprlCable pcx1ions only) HI. Alfl3llt does f!Ql haw a Busi1ess Relationship with any member oflhe City Coovnlsslon or any City Advisory Board \0 v.t1lch lhe applicalion wlU be presented. ( ]2. Alfl3llt hereby lfascloses lhat k does have a Business Relationship with a member of the City Coovnisslon or a City Advisory Board to lIfllch the appracalion will be presented. as fol1ows: (list name of Coovnlssloner or Advisory Board Memberj who serves 00 the (Ust City Commission or City Advisory Board upon lIfllch member " serieS). The nature oflhe Business Relationship is as follows: [ ] l Member of City Coovnlsslon or Board holds an O'Mlershlp ilterest il excess of 1 % of tola! assets or capital stock of Appracant or Representative; [ ] u. Member of City Commission or Board Is a partner, co-shareholder (as to shares of a corporalion lIfllch are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative il any business venture; ( ] Hi. The Appracant or Representative is a Client of a member of the City CommIssion or Board or a Client of anolher professional worldng 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 Appracant or Representative is a Customer of the member of the City Commission or Board (or 01 his or her employel1 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 oflhe City Commission or Board is a Customer of the Appracant or Representative and transacts more than $25,000.00 of lhe business of lhe Appfacant or Representative in a given calendar ~ Tl-lIS lDAY OF June .200 4 By: Dr. DEVELO~MENT, LLLP, a Florida li~ited partn;rship . ~ Signature) By: '_ ~ /U-"1--..^-' ard H ~ Dr. aniel Kane partRer/!'fl~ieaftt(PrlnQ ~ General Partner/Applicant lHIS ~ DAY OF 5" .2OC' 1lle. ~~vQr21 By:.,4L- ~: h~npr~l H & K DEVELOPMENT, LLLP, r. aniel Kane General Partner! Applicant 'The tenns 'Business Relationship,. "CIieo~. "Customer.. .Applican~' "Representative. and 'nterested Person. are defined ;n Section 2-395 ollhe Aventulll City Code. (Signature) (Print) (Print) By: NOTARIZATION PROVISION STATE Of R.ORlllA ) COUNTY Of MIAMI-DADE) Be.... me, the undersigned authority, per>onaly appeared heIstoe llIllCUled Ilis Mldavil "" the puqlOSOs stated "".... lRl!hat lis true Ind cooed. ',It SWORN TO AND SUBSCRIBEO be.... me Ilis ~ day oI-1"J .~ .200 - in being Iir>I by me duty sworn, did ....... or Iff'onn !hat LEONARD HOCHSTEIN ..~~:~ Michael], Snyder t:rlfi,.\:, MY COMMISSION I 00206119 EX"", ""'~'''i July 23. 2007 "'~""';:"~' 8ONoroTHIlilTROYF~ININSURANCE, INC '''i"I''- 4 ~~_M~ PrlnIecl Name 01 NolaJy My COIM1issIon 1lCpies: , STATEOfR.<llIlllA ) .COUNTY Of MlAMI{)Al)E) Be.... me, "" undelSlgned 1ll1horily, pe<sonaIy appeared heIstoe llOlCIlted Ilis Mldavil "" the Jl<lI1lOSOS stalsd ""rein lRl!hat lis true IRl conect. Dr. Daniel Kane MlaI\I, """being list by me duly ......cfid.......or Iffonn thal I {'''-~ ~ Af DR. DANIEL KANE SWORN TO AND SUBSCRIBEObefore me IhlsldaYOf ((V1"'~.200\4 "....... '\~ .~\i{:.v.r~~ r'krhael J Snyder V~ t-;"i!;i.";:j MYCOMMISS,cN# DD20611? Ef' NoIaIyPublic of_MLarge ~'~'1! July 23, 2007 ...r"'>o.'/t.... 'ONDlnH""C"""'''S''''''.. 'ro,,,.,, Prinlsd Name of Notary Myo:xnmisslon I>q>IreS: STATE Of R.ORIOA ) COUNTY Of MIMII-QADE) Be.... me, the undelSlgned authority, per>onaOy appeared heIstoe elOlCllted Ilis Mldavil "" the pucposes stalsd therein lRl!hat lis true Ind conect. the M..n~ """ being Iirst by me duly sworn, did swear or Iff'll111 !hat AfFIANT SWORN TO AND SUBSCRIBEO before me Ilis _ day 01 20(- . . NoIaIy PIblic State 01_ M~ Prtnted Name 01 NolaJy My OJh.lliss1one.pns: STATE Of f\.ORIllA ) COUNTY Of MIAMI-DADE) Befcn me, "" unrle<slgned authorIly, pelSCX18ly appeared heIstoe llIllCUled Ills AIIida'lll "" "" Jl<lI1lOSOS stated """'In IRl thallls M IRl cxxred. "" MlaI\I, """ being list by me duty ...... cfid ....... or Iff'll111thet AfFIANT SWORN TO AND SUBSCRIBED be.... me Ilis _ day 01 "00' NolalyPublic Sta18 01_ No ~ Prtnted Name 01 NoIary My COIM1issIon Ilqli:es: / ..,.......'. :'! j , ~ fIIJf:; "!>......... BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavtt is made pursuant to Section 31-71(bX2Xii) of the Ctty of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mali< with 'x' applicable portions only) [)<II. Affiant does not have a Business Relationship with any member of the Ctty Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant heteby discloses that ~ does have a Business Relationship with a member of the City Commission or a C~y 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 Of Board holds an ownership interest in excess of 1 % of total assets Of capital stock of Applicant Of Representative; [I ii. Member of City Commission Of Board is a partner. co-shareholder (as to shares of a corporation which are not listed on any national Of regional stock exchange) Of joint venturer with the Applicant Of Representative in any business venture; [ ] iii. The Applicant Of Representative is a Client of a member of the City Commission Of Board Of a Client of another professional woli<ing from the same office or fOf the same employer as the member of the Ctty Commission or Board; [I iv. A City Commissioner Of Board member is a Client of the Applicant Of Representative; [I v. The Applicant or Representative is a Customer of the member of the Ctty Commission or Board (or of his Of 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 Of Board is a Customer of the Applicant Of Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF .200_. APPUCANT: By: Name: TItte: WITNESS MY HAND THIS (Signalut8) (Print) (Print) DAY OF .200_. PROPERTY OWNER: By: Name: TItte: (Signature) (Print) (Print) 'The terms 'Business Relationship,' "Client." "Customer." "Applicant," 'Representative" and "Interested Person" ate denned in See/ion 2-395 of the Aventum CIty Code. 7 NOTE: 1) Use duplicate sheets If disclosure Infonnation for Representative varies 2) Applicants and Afflants are advised 10 timely supplement this Affidavit pursuant to Sec. 31-71(b)(2Xlv) of the City's Land Development Regulations In the City Code, In the event that prior to consideration of the application by the City Board or Commission, the Infonnatlon provlded In the Affidavit becomes InCorrect or Incomplete. ., I NOTARIZATION PROVISION STATE OF R.ORIOA ) COUNTY OF MIAMI-DAllE) ,""h... J. s~ i.'\ . Be""" me, the undersigned 1lIIhorily, personally oppealOO lI\e ~ ;lft~ me duly sworn, lfld swear or afl'1I11\ that ~ a"""""<l Ihis Afl'ldavit for the po1pO$OS SCated lhefllln and that Mis tnJe and correct. .) . AFFIANT . Snyder, Esquire SWORNTOANOSUBSCRIBEObe",,"melhis~daYof Augu5\:200 4 ",'~ . . UulCG <om fUll. c\ W:(kQ tlctary ~~tale of ~1orida.AI~r@'1!.'1 p~ Carla Daniela Riofrio Co.r I lrJl+' c, K \ Y ~""lill"'l,,,~Gommi.aaion'CCll715" Printed Name of Notary (:t+ Ilol/ ~~\~!~~ EIpirel Oct. 1.2004 My commission expires: :1 .....l,'fo(R"~..$ "IUL!~" ftra . '1I111\\'.n.&aaW: 'AM,II_. I'.ft Iaa. STAle Of R.ORIOA I .COUNTY Of MIAMI-DllDE) Before me, the undersigned 1lIIhorily, pemonally appeared Dan Fortin, ,]m.Afftanl, vdlo being first by me duly sworn, lfld swear or affll11\ that heIst10 e"""""<l Ihis Afl'oclavit for the puqlOS8S SCated thelllln and that Mis tnJe end lXlmld. AFFIANT Dan Fortin J _ r SWORN TO AND SUBSCRIBED belole me Ihis _ day of A ugusll!oo, 4 Notary Public Stale of Florida 11. Large Printed Name of Notary My commission expires: STAle OF R.ORIOA ) COUNTY OF MIAMI-DAllE) Be""" me,lhe undersigned aulhorily. pe""","y appeared Kobi Karp Ihe Afftan~ vdlo being first by me du~ sworn. did swear or affinn that hefsha a"""""<l Ihis Affidavit for the pu<poses SCated therein and that Mis!rue and correct. AFFIANT SWORN TO /\NO SUBSCRIBED belole me Ihis _ day of A ugu~ .4 Kobi Karp Nofaly Public State 01 Florida M.l.arge Printed Nama 01 NoIaly My commission expns: STAle Of R.ORIOA ) COUNTY Of MIAMI-DAOE) Be""" me, the undersigned 1lIIhorily, pemonally appeared heIst10 e"""""<l Ihis Afl'ldavit lor the PUlpOSOs SCated lhefllln and that Mis tnJe and lXlmld. the Afl'tanl, vdlo being irst by me duly sworn, did swear or efl'ttm that AFFIANT SWORN TO /\NO SUBSCRIBED be""" me Ihis _ day of "00' . Nofaly Public Stale of Florida 11. Large PrinIed Nama of Notary My commission explres: / .d."...... " ., .: . ~"l>..~ BUSINESS RELATIONSHIP AFFIDAVIT. This Affidavn is made pursuant to Section 31-71(bX2Xii) of the Cny of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (marl< with 'x' applicable portions only) p<J1. Affiant does not have a Business Relationship with any member of the Cny Commission or any City Adviso<y Board to which the application will be presented. ( J 2. Affiant hereby discloses that n does have a Business Relationship with a member of the City Commission or a Cny 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 Adviso<y Board upon which member serves). The nature of the Business Relationship is as follows: ( I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant Of Representative; [I ii. Member of City Commission or Board is a partner, CCHlhareholder (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 wor1<ing from the same office or for the same employer as the member of the Cny Commission or Board; ( J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [I v. The Applicant or Representative is a Customer of the member of the Cny 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: (Signature) (Print) (Print) By: Name: Title: WITNESS MY HAND THIS DAY OF .200_. PROPERTY OWNER: (Signature) (Print) (Prinf) By: Name: Title: *The tenns "Business Relationship: "Client: "Customer," "Applicant: "Representative" and "Interested Person" are defined In Section 2-395 of the Aventura CIty Code. 7 Au~ 04 2004 10:54AM HP LASERJET 3200 p.2 wrnlESS MY HAND lHlS ~ DAY OF August 2(X".4 REPRESENTATIVE: (Usllld on Busiless Relationship A1f1lSavit) By: (Signature) By: (Signature Name: P1:ichael J. snyd'WlnfsquJ.re Name: (Prinl) nile: Attorney (Print) nle: (Prin/) <~;4J~~ / (~na/ure) By: (Signature <- Name" Dan Fortin. Jr_ (Print) Name: (Print) Tille: Slle.VE: <{ C?~ (PMt) Tdle: (Print) By: (SignatufD) By: (Signa/LKe Name' Itom Itarp (PrinI) Name: (Print) . Tille: Architect (print) Tille: (Print) By: (Signature) By: (Slgnalure Name: (Print) Name: (Print) Title: (Print) 11tIe: (Print) By: (Signature) By: (Signature Name: (print) Name: (Prin/) Tille: (Print) Tille: (Print) By: (Signature) By: (Signa/ure Name: (prim) Name: (Print) 11le: (print} TIlle: (Pdnl) NOTE: 11 Use dllplica1e aheets II disclosure information for Repruentative varIes 21 Applicants and Alllants are advised to timely aupplement litis Alftdavlt pursuanllo See. 31-71(b)(2)(Iv) 01 the Clty'a Land Deftlopment Regu\a1lona In the CIty Code. In the event that prloc to consldentlon of the applIcation by the City Board or Commlsalon, the InformaUon provlcled In \he Affidavit becomea Incorrect or Incomplete. Rug 04 2004 10:54RM HP LRSERJET 3200 p.3 flOTAR1ZAllON PROVISION ITAlE OF FlORIDA I COUNTY OF t.IlAMl-llAOE) Michael J_ Snyd<>r. _ . Solano mo, ... ~ OllIhclIIty, peroondy __ _ ftlllllN. ..... falaVt.r mo d~....... dil ...... or aflinn I>aI ......... I_this 1Jr_1or... PUIpOMS _ I1oroln onlhlU. '"'" oncI_eeL '-FFIANT I"UCnaeL J_ Snyder, Esquire SWORN TO AND SUBSCRIBED l>efono me this _ day 01 A ugU!!'r20:1'4 NoIaty Pubic llIofe 01_ N.1Mgo Pltnllld Name 01-.,. Mr_oq>llu: &TAlEOfR.ORltlll I .COUNTY OF MWoII-OADE) Ilobw ... .... ....tlgtOld 1UlhorIlv. po-.ly ~ Dan ~ ~.Aftionl. wtIa Ilo~ ... by me duly ...... did __ or off... .... _oac:utocIHs_vl......._..IIld_IIldI1ol...woond_ ~~ '-FRNIT Dan F . J_r Augu~o0,<4 /1 /7 /7 L-/. '?vi C----J IC s.... of F10ricIa N. I .li8 -:::> . .,., PrtnllldName afNoll'Y Mycxxnrrisw. Ixplres' r!1nlZcf,.. O'i. lV~1 SWORN TO NoD SU8SCIIIBED boIorv me!hls 'ftrl Ila, rJ I'~' :-~DDI81Iee ,,,".I EJcplrOIMon:h08.2007 N STATEOFfU)RrlA ) COUNTY OF MlAMI-tlIlDE} llllano mo, ... undelSignod IUIhcftty. pe_, oppoarecI Itobi Ka>:p __ ._1hIs _1riI be !hI purpooas &ta1old .....in oncIlhallls '"'" Ind conocl. the NtIonl. .me Iloing IinI by me cIUy .-", did ...... or Ill'... that AFfIANT SWORN TO AND &JElSCRlBEDbelalo me 11Is_llayDl Augu~;, 4 Itobi Karp STATE OF fUlRI)A I COUNTY OF MlllMI-DADE1 III.... ... ... IIllIIo<sIgned ouIhoIIly, po~__ __thlsAlrIll.........._llal8cl_ond...t...true....-. ~ _Ill. 01_ N.1.atQI PrlnIod _ 01 Nalary Ny_I.r'H' I\....~ ... AIr..... _ Iloing lint by me ~ ......" did _r or oJIlcm .... AfFIANT' lWORN TO AND IUBSalI8ED_ mollls _day 01 "00' NoIary PWGcllta. oI_N.lIIge PrtnIIld _ 01 NoIaJy Mycom..'Jl-)lIeqJ1nIs' /~ .."....... r ' .... '\:~...~ BUSINESS RELATIONSHIP AFFIDAVIT* This Alfodavn is made pursuant to Section 31-71(bX2Xii) of the Cny of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (marl< with .x. applicable portions only) M 1. Affiant does not have a Business Relationship wnh 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 Cny 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; [I ii. Member of Cny Commission or Board is a partner, C<Hhareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venlu,", 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 Cny Commission or Board; (I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [I 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 Cny 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_. APPUCANT: By: Name: Title: ISignaIUl8) (Print) (Print) WITNESS MY HAND THIS DAY OF .200_. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) *The tenns "Business Relationship: "Client: "Customer: "Applicant: "Representative" and 'Interested Person" are defined In Section 2-395 of the Avenlura City Code. 7 Aug 04 2004 11:05AH HP LASERJET 3200 p.2 ~- - - WllNESS M'I' HAND lHIS ~ DA'I'Of August 20C . 4 REPResENTATIVE: (Usted on Bus"-AeIa~ Afl'idaYII) By: (SIgnature) By: (Signature Name: MJchael. J. snya8fPf1ntj38Quire !'lame : {PMQ r~: Atl:mmey (print) rlle: (PIinI} By: (SlgNJure) By: . (Signa/ur. Name. Name: (Print) TIlle: TIlle: (POOl) Bv; ~ By: (SIgnature ..{print) Name: (Ptirt) (Prlnl) TItle: (Print) By: (Slgnawre) By: (Slgfl4ture Name: (Print) Name: (Prlnt) rille: (prfrt) rrtle: (Print) By: (S9Jla!ure) By: (Signature Name: (PrInt) Name: (PlfnQ ""'lie: (Print) l1lIe: (Prlnt) By: (Signa/JJr9) By: (Signature Name: (Print) Name: (Print) 11de: (PrW) l1le" (Print) NOTE: 1) Use dupllolde .....ts If dIsclolllfelnlocmaUon IOf ReprecentaUV8 varl8lI 2) Applicants UKI AIflants lre.tvlsed \0 Ilmely lupplement 11\1& AlfIclavll purauant to See. 31-71{b)(2)llv) allha Clty'1 Land Develollll'lent Regulallclllllll the CIty Code, In lite event that prior to COfIIlderadcn af 1I\e appllca1laa by the CIty Board Of Colllllllsslon, the Inlormallcn provkledln the AffIdavit becom.. Inco<reot or Incomplete. Au; 04 2004 11:05AM HP LASERJET 3200 1".3 r 1l0TARIlAll0N PROVISION n"nCFf'U)IIl[lA I ClOUIITY OF IoIIA11-OADel l'Iichael J_ eo.... ...... Wllle<>lgnocl........... ~ ~ _. S"-"'lwiI. ~6bf'" ""Y"""'.:lid -. or 1IIrm.... __"'_l!Illorh~"IoCl_""'''''..''''''.rdO>l11lCt IfFIANT l'ItcnaeL J. SnydeE', Esquire 5WORNTO"-"llSUllSCl\I8EOllotx"1I1l1lt_dayCll Augusteoo4 No1llY__ol_N.l.oIgo .""lId _ ClI-.v Ny_..".... ITAll OF fI.ORll),O. I ,COUNfYOF I.IAMI-ll.IIlE) ... ow. IlIln1oa1gnod 1llhlotIr. IlII101111y ~ Dan Fortin, .Ja>>...... ~ 1m! by me duly -.If<d -. or .ff... .... _.-llodtls_lorlll~_IlI""llIlIllalllt"'" Ind........ ~ Dan Fact3n J.r SWORN TO AND BUBSClIIIlEO __ me 1110_ cia,.. A ug uSleoo, 4 N""'Y__otP..IId.N.~ P_ NImo 01 NollIY MV~''''.w...~t.: ITATEOF F\.ORIOA I OOUHTY OF IoIIA11-OADEl lOll.. mo, 11\1 .....l8Igntd U!lo<lrt. I"""""I~ _0<1 !tom Kaq> ,no NlIanl, """ beC1g lot by me du~ ........ d~ ...., or .lfllm tMl _ __ tlsW.I!IlIor"'_ _t1II8l11 &ncllha\llotruoard ClXlIol AFFI.'HT Kobi Karp .4 /J _ . --'NIIc~N.l.oIgo __oI-.y NYy,,"l..,lul~r.~ "'~~~~" Christian L. Berthin ''tf'''''':b':. Commission#DD333846 ~.:""'} :.~ Expires: Jun29 2008 -'!o' ':!:i- , ":0...,;.;... ';'~~ Bonded Thru "'II~I~\\' Atlantic Boodin&Co., 1nc. ITATE Of F\.ORIOA COUIlTYOF~ __ n,... undll19* "*"'r. -" _1_Il1ltAllkt.vltlor...p_..lIll.....Inan<lflll......rd-. ... _ _ bIIog 1Inl~, .... dUly ...... old _ or aIltm tuJl ~ SWORHTOANllSU_btlolllll1lllls_dlyol _"lX)' Nolarf__oIFbldaN.l.oIgo --..-.., Ny~~J11b'\...1.: 3A cc: Commissioners City Manager r~@ JASMIN,. /NYEI1TNCNTS IN'INITE RACE RueVIN lit JACKI TAKO 12455 KEYSTONE INLAND DRIVIE NORTH MIAMf, FLORIDA 33 t B t 30/1-970-4784 SliPTEMBER 1,2004 DEAR Tf!RI&:SA M. SOR:OKA. CMC".c:tT\" CL.ERK I SPOK~ TO YOU EARL.'~~ TODAY REGARQJNG THE APPLICANT M Be f( OEVI:LOPMENT L.LLP (OI.V...R.OA 8l OI....R.04) AND THIS APPLICANT REOUESTEI). THE ABANDON MEN" OF A POFfTION OF THE PUBLIC RIGHT-OF'- WAY OF NE 29 COURT LYING NORTH OF NE 214 TERR"'CE ON THE; PLAT OF HALLA-NCALE PARI(. IF TH~ CITy ALLOWS "'H15 TO HAPPE:N, f WOUL.D LIKE FO~ TH~ AIJANDONME'NT OF A PORTION OF" TH~ PUBL.JC ftlGHT"'OF-WAY O~ THE DIRT ROAD I.YING FROM 213 $T TO 21 A 5T ON THE $IDE OF BISCAYN" BOUI.EVARD. THEY ALSO REQUIlSTEO THE VA"'ANCE FROM SEC:TION 31-144(1')(4)4. OF' THI: CITV"S LANO gEV~.L.optMENT REGULATIONS TO ALLOW DEVELOPMENT OF ^ PARCEL .MEASURING .981 ACRI!'S IN SIZE IN THE ME:DICAL DISTRICT, WHItRE A- MINIMUM L.OT SIZ.~ OF SIZE: OF 1.5 ACRES IS REQUIR:,g BY CODE. AT THE BEGINNING OF' ME SUYING LAND THli CITY' INFOftM~D ME THAT THEY ARE NOT ALLOWING SMALl. COMPANII:$ BUY UNDI:R 1.5 ACIlES. , BELlI:VE IF YOU AL.LOW THIS THERE WILL at: A LOT MORE COMPA.NIES WMO WILL WANT TO BUY A SMAL.L. AMOUNT OF L.AND IN THAT AREA. IF yOU HAVE ANY QU~STIONS MEGARDING THIS LI!.TT~R. PLEASE F'EE:L F"AEE TO CONTACT MIIi: AT THE. AIIOVE NUMBER. THANK You. SINCE;IlE;LY, JACKI TAKO BEI.OW IS A DRAWING OF THe: LAND TH4T I MENTION TI1AT I WOULD LIKIt TO HAVE AIJANtlONED. ..,..-" \ \~ \~ -::L. \<;.-Cl 'bJ.\.e,ooyd r-r~re~;~. I I 1"0 I~ \:r Irvj lCO \ <\) .. _p \ ~ c.~,-\ '{\. e :..--- ld ~Z:60 P00Z 8Z '6n~ EZIZ998 SOC 'ON X~.:l Jll n>1~1 HO~.:l 3ft OceanFirst Realty, Inc. 158 Ocean Drive Ground Floor Miami Beach, F131339 (305) 532-5400 September 8, 2004 Re: Attempt to purchase property adjoining 21420 Biscayne Blvd. Dear Mr. Snyder, Per your request. I am writing this letter demonstrating the actions taken by OceanFirst Realty, Inc. in an attempt to secure property for Dr. Leonard Hochstein adjoining the above referenced property: Land to South Contacted Jules Lipp. representative of Roy R.Lustig. Trustee, who's address is 2600 Douglas Rd. Douglas Center, Suite 911 Coral Gables. FL 33134. Was informed that they had no interest in selling their land. Land to West Contacted Jules Lipp, representative of New World Acquisition Corp. who's address is 2600 Douglas Rd. Douglas Center. Suite 911 Coral Gables. FL 33134. Was informed that they had no interest in selling their land. Land to North Contacted Alvin Sherman of Sherman Organization. owner of Nana's Schoollnc, DBA Nana's Preschool, which is on land to the North. Was informed that the ongoing business operating on land precluded a sale of the property. <;;~/ /~/ Ted Rover Agent OceanFirst Realty, Inc. DISCLOSURE OF VERBAL CONTACT . < Ordinance 96-09 ',.' City of Aventura City Commission Meeting Date /P- 7- ~ eJ~ I Agenda Item No. r..) /<. ~=-? -4 J Date of Verbal Communication: Identity of pers'D or Entity Making Communication: "1/ /d 0.4 k! b oM-P ------ Subject and SUbsta~o unication: S? Respectfully, Commissioner or Board Member receiving communication: ~,R7 JI v 4 6/'6'/~ C- Name~7/~( . .: - ~ Signa Filed this day of Teresa M. Soroka, CMC, City Clerk CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AIC~\ IPi Planning Director '\.jj<-- DATE: August 18, 2004 SUBJECT: Request of Miami Beach Health Care Ltd. for variance from Section 31- 238(e)(4) of the City's Land Development Regulations to allow a wall and fence totaling twelve feet in height for the medical gas enclosure at the Aventura Hospital's Central Energy Plant site located at 21100 NE 28 Avenue, where a maximum ten foot high wall and fence is allowed by Code (02-VAR-04) September 7, 2004 City Commission Meeting Agenda Item 3 f!> (deferred from July 6, 2004 City Commission Meeting) RECOMMENDATION It is recommended that the City Commission approve the request to allow a wall and fence totaling twelve feet in height at the medical gas enclosure at the Aventura Hospital Central Energy Plant, where a maximum ten foot high wall and fence is allowed by Code, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . Location Plan entitled "Aventura Hospital and Medical Center, Phase B - ORlED/ICU and Patient Tower Addition", Site Plan, Sheet 3 of 3, , prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, revised 06/04/04, along with picket fence detail. 2. Permits shall be obtained within twelve months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. THE REQUEST The applicant, Miami Beach Health Care Ltd. (Aventura Hospital & Medical Center), is requesting a variance from Section 31-238(e)(4) of the City's Land Development Regulations to allow a twelve foot high wall and fence on the medical gas enclosure at the Aventura Hospital Central Energy Plant, where a maximum wall and fence height of ten feet is allowed by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Miami Beach Health Care Ltd. (Aventura Hospital & Medical Center) ADDRESS OF PROPERTY 21100 NE 28 Avenue (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY 2.06 acres LEGAL DESCRIPTION Lots 17 through 24 inclusive, Block I, Lots 11 through 24 inclusive, Lots 29 and 30, Block J, Hallandale Park No.6, according to the plat thereof, as recorded in Book 17, Page 56 of the Public Records of Miami-Dade County, Florida and that part of the right of way of NE 27 Court (Berkeley Avenue) lying between said Block I and Block J as vacated by City of Aventura Resolution 2000-41. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: MO Medical Office District MO Medical Office District MO Medical Office District MO Medical Office District U FEC Railroad Right of Way Existing Land Use - Subject property: Properties to the West: Aventura Hospital Central Energy Plant and medical gas enclosure and cooling tower Nursing Home Medical Office Building WASA Pump Station and Hospital Parking Garage 2 residential duplexes and FEC Railroad lands Properties to the North: Properties to the South: Properties to the East: Future Land Use - According to the Citv of Aventura Comorehensive Plan, the following properties are currently designated as follows: 2 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 The Site - The site is located on NE 28 Avenue in the block bounded on the south by NE 211 Street and to the west by East Dixie Highway. The Palm Garden Nursing Homes lies to the north. The property contains the Aventura Hospital's Central Energy Plant, cooling tower and medical gas enclosure in the southeast portion of the site. The balance of the site is now used for construction trailers and construction parking. A plan showing the on-site structures is attached as Exhibit #4. The Project - The applicant proposes to erect a four foot high white picket security fence on top of the existing eight foot high masonry wall around the medical gas enclosure at the Aventura Hospital's Central Energy Plant site. The medical gas enclosure is approximately 1,024 square feet and contains medical gases in cylinders. The medical gas enclosure is presently secured by an eight foot high masonry wall around the perimeter and a metal fence with gate and a chain link enclosure inside the compound to further secure the medical gas cylinders. The applicant is requesting approval to construct a four foot high white decorative picket fence, shown in detail on Exhibit #5, on top of the eight foot high masonry wall. The applicant advises that there have been numerous thefts of the gas cylinders, even with the existing eight foot high masonry wall and this additional four foot high fence is required for security purposes. Section 31-238(e)(4) of the City Code allows a maximum height of fences and walls in non-residential districts of ten feet. The combination eight foot high wall and proposed four foot high fence results in a height of twelve feet, or two feet above the maximum height permitted by Code. ANALYSIS Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The security of the medical gas is of utmost importance to the operation of the hospital. The applicant has advised that there have been numerous thefts of the gas cylinders notwithstanding the initial security of the eight foot high masonry wall. The additional four foot white picket fence will provide added security to the enclosure. 3 Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by a number of factors unique to the site and to the redevelopment of the Aventura Hospital campus. The medical gas enclosure is located on a site across the road from the main hospital building and pedestrian and traffic activity around the enclosure is less intense than the main building, providing the opportunity for theft. The owner did construct an eight foot high masonry wall to secure the medical gas, but thefts have occurred. The additional fencing on top of the wall will provide needed security to medical gases that are required for hospital procedures. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The applicant constructed a masonry wall that complied with Code to secure the gases, but has since determined that additional security is required due to numerous thefts of gas cylinders. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed fencing is white decorative picket design and will complement the existing structures. 4 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity. 5 RHON ERNEST-JONES CONSULTING ENGINEERS, INC. R6QEIVfO 'JUN 0 4 200~ CIVIL ENGINEERS . LAND PLANNERS COMMUNITY OEvtLOPMEtff TRANSPORTATION PLANNERS . LANDSCAPE ARCHITECTS June 3, 2004 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Altn: Joanne Carr, Director Re: AVENTURA HOSPITAL AND MEDICAL CENTER FENCE VARIANCE Our Job No. 99.1107 Dear Ms. Carr: Please accept this as our letter of intent for the subject. We propose to obtain a variance from the Land Development Code of the City of Aventura (Section 31-238(e)(4)) to permit a fence twelve feet in height, where a fence 10 feet in height is permitted by code. The area of concern is the Med Gas facility, located in the Central Energy Plant area of the campus. As you know there have been numerous thefts of the gas canisters, even with the existing eight foot wall. The proposed, decorative white fence (picket) will be mounted on top of the existing wall for added security. We have enclosed twelve sets of the site plan and picket fence detail for your review, along with fee checks in the amount of $960.00 and the fully-executed application package. Your attention to this matter is appreciated. Please do not hesitate to call with any questions. Very truly yours, Inson resident, Operations Director Encl. EXHIBIT #1 02-V AR-04 12500 WEST ATLANTIC BOULEVARD . CORAL SPRINGS, FLORIDA 33071 . Tel: 954.344.9855 . Fax: 954.341.5961 Professional Engineer License: EB6451 www.reJce.com Landscape Architect License: LCOOOO367 BROWARD COUNTY 11_1_1-1-' DADE COUNTY (VES DAIRY RD. ~ J: W X Ci == MIAMI GARDENS DR. . :' :' .. ;. :~ :' .. :1 :' .. :1 .. :1 :' :. :' .. ;1 .. :. :. :. :' .. ;1 .. ;1 .. ;1 :' .. :. :. ;1 :. .. :1 :' :. :. :' .. :- :. :. :. :. :. :' :. .. :. f. :' :' -~- I I JJ iff w w ~ > '" <( Tile '" 205 Prom(,IIQ(/~ 0 Shops ("') 203 ST. ~ l 201 TER. AVENTURA \?pl\)' Fin t D Rut'ue Avtntura Station library i... c:i ~ OJ Z <1: W o o a: o EO :::J -' o >- a:. I- Z' :::J.. o o Tllrtl~rry Isle Resort &: Club " l) / '-.1 '....' Al'entura Mall 192 ST. 192 ST. 1 1 51. 19 ST. !...Mllmann', Fashion ui Island ~ '" '" 188 ST. g OJ Z iJ 8 ......,.JL._. .--.-..........--.......... -......" -_..~-~... ,.;\.....) 183 ST. Dumfound/ing Bay Atlantic Ocean o ST. Little Maule Lake LEGEND " Maule Lake ---- --.. \ ) \ ~ Roadways City Boundary ZIP Code Boundary Railroad ...... . . . . r EXHIBIT #2 02-V AR-04 EXHIBIT #3 02-V AR-04 PICKET (FENCE) OET AIL (White) eXHIBIT #5 02-V AR-04 PiCket 1" X 1" Square 12" 36" . Runners 1.5" X 1.5" Square Vertical Posts 3" X 3" Square (8' Apart) RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-238(e)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A WALL AND FENCE TOTALING TWELVE FEET IN HEIGHT FOR THE MEDICAL GAS ENCLOSURE AT THE AVENTURA HOSPITAL CENTRAL ENERGY PLAN SITE, WHERE A MAXIMUM TEN FOOT HIGH WALL AND FENCE IS PERMITTED BY CODE, FOR PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District; and WHEREAS, the applicant, Miami Beach Healthcare Ltd., through Application No. 02-VAR-04, is requesting a variance from Section 31-238(e)(4) of the City's Land Development Regulations to allow a wall and fence totaling twelve feet in height for the medical gas enclosure at the Aventura Hospital, where a maximum ten foot high wall and fence is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-238(e)(4) of the City's Land Development Regulations to allow a wall and fence totaling twelve feet in height Resolution No. 2004-_ Page 2 for the medical gas enclosure at the Aventura Hospital, where a maximum ten foot high wall and fence is permitted by Code, on property legally described as follows: Lots 17 through 24 inclusive, Block I, Lots 11 through 24 inclusive, Lots 29 and 30, Block J, Hallandale Park No.6, according to the plat thereof, as recorded in Book 17, Page 56 of the Public Records of Miami-Dade County, Florida and that part of the right of way of NE 27 Court (Berkeley Court) lying between said Block I and said Block J as vacated by the City of Aventura Resolution No. 200041 is hereby granted exclusively to the Applicant, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . Location Plan entitled "Aventura Hospital and Medical Center, Phase B - ORlED/lCU and Patient Tower Addition", Site Plan, Sheet 3 of 3, , prepared by Rhon Ernest-Jones Consulting Engineers, Inc., dated 10/11/00, revised 06/04/04, along with picket fence detail. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 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 Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 3 PASSED AND ADOPTED this 7th day of September, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2004. CITY CLERK 08-17-'04 12:32 FROM-REJCE 9543415961 T-702 P002/003 U-350 Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Deveiopment Code, !his Applicant Representative Affidavit is hereby made and submitted. The undersigned auU1UlfLt:LllcI-'IOtitllll.c:lllv~ vf 1I1l:f ImJivitJual UI tfuUly ",",plying rur ItJ~ D~vt:lloprTlt!fll Pemlll1 which Is Idenllfted In \he accompanying ;'ItlPlicalion. and IhA nwnRf' nf 1hA nmnP.rly sllhjAr.f to thA ~r(llil':Atinn (if riiffp'l'F.!Ol) hF,l(F,lby lists and identlfiel& all persons repre,senUng the individual or .:mtily applying for !he Development Permil in connection with the application, as follows: Name Relationship (i.e. Atfomeys. AfChiteot.. Landscape Arcl1llf;JvttJ, e"y;m:ems, Lvuuyi::;l:i. Eb.;,) E. Graham E:rnest-Jones Civil Engineer/ Site Planners Norman Leopold Attorney COR Cliff Schulman Attorney (Attach Additionol ShcotG If NC0038ory) 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 SUBJtCT PROPtRTY. APPUCANTG AND AFFIANTG ARE ADVISED TO TIME~ Y SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(BIl2)(IV) OF THE CITY'S LAND DEVELOPMENT RFGIlI ATION~ IN THF CI1Y con~. IN THE EVENT THAT PRIOR TO CONSIOERATION OF THE APPLICATION BY THE CffY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. I q ^'\q lJ.5J L1 Miami Beach Healthcare GroUP .....-.......-.... WITNESSMYHANDTHIS~OAYOF_I'T\J J 1 200'1 by Columbia Hospital Corp::>r:3.tion:':-:':':-:-:':-: of Miami Beach, its general partner :'i:-:-:-:':- AUTHORllEU K~i"K~::;l:N I A IIVl: U~ Al'i"LIGAN I : OWNER :" ...... Ry. t:"~'"'- ~ . 9y: ~ ~ /&~ :;::::.::;:;:;:::: ~n~~Ill) (Sianatulll):-:-:-:-:-:-:- : -:' Name: e'" tflM e-")..w,...r -~:s Name: Howard K. Patterson . . . . . . . . (Print) {PrinQ TiUII. VtGb--'_"SI!I'~ TiUe: vice President Address: I z..rtH' w_.4-~c- ~WJ ~ ~P""'-""4' r:l.. JJdTJ STATEO~e$5Te.. ~OIlNTY OF r.tIAMI-fj"nF~~~~5t>'\ Add"...: One Park Plaza Nashville, TN Attn: Real Estate Dept. Before me the undersigned authority personally appeared _Howard K. Patlerson_ as the authorized representative of the AIlIl.1il?l[ll.... . . .'. and/or .the owner or the property subject to the .~plication, who being first by me duly swami did SWRat or .a~ that he/she execu~~ ~:~::::::::: Aflid~vltforthepurposC8 slaled tilllr"", and Ulal,l,. "utla",J "U"""I. ~ ;(j/,.;t{ ~ ::~:-:-:-:, 1<:1-\ ~ f\ ..1 AFFIANT :--'. '.;.:-:-: SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of S"t':3 US I , 200#- ::::::::::::: ~:: ~\l . r-.... ~~~"'...... \ \.\. ~ Clan. . is})~;.... ... 'If ~~ Public State of ~ Al L~rge ! ... NOTARY .. 1. Printed Name of Nolary \-\"\Pt"\ \..i. t.oo~ i: PUBLIC .. S Mvcommlssion expires:N"\t\\. ~ g'l"~ l!) - . . :: \ :o~ AT :~S i"3l.. l.J\RGE "~i \ 11_. .i4J~ "t:"m. . .'* ~1. O;i......~,~,. "" '. CO U~'\ .~", "II,""...",\\) Received OB-17-04 11 :ZBam F ram-9B434159S 1 Ta-HCA HEALTHCARE CO RE Paie OOZ 06 01 '04 16: 41 mOI"j nIJON IinNIi~T JONIi~ 0543415061 T 047 r11/20 U 457 . BuSINESS RELATIONSHIP AFFIDAVIT'" I hl9 Athdavit is m..dc ~l.Il;'Iol.lilnt to Sec;.lIon 31-71(1J)(2)(ii) ur U.c CIry of AventlJm I WItt nevetopment COOe_ Th.. wKlYAilgnad AtI'Iont hemby ~ th~ (1TWfh. wid, ~~. R~ialble p:rmons only) L-f"1 Affiant does n9t fI_" a Dusinee.6 Rl:1liJUulI:ihhJ wllh MY rnF!m~r or the City l,;ommhMul'I ur any CIty AdVISOry IlMI't1 to which lh.. ~' ~ication wm ~ pr~tl\MJ. 11' Affiant hl!oreby d'"IK.I068& Ih.:ll il lk...-i hiJII'C D eU!'llnP_'l.'\ nt:'!l~ionshlp with .. IIIwmLliYr of !he ClI)' COtnmi.<t.'\inn or" Cily AdvC$uty 8o<m:t tn which me appIil.'iIllJurl will bY presenled. Q5 follows: . (UGt name of Chnm16sione.' Ut Advisory BONri M.mber) who 6':UYt;:l~ uu thFt _ ell.!':.! roily Gommi9.!uon or City Advleo,y BuOD'd upon whim member secvN). The nllluM N Jh$ l:hnriU'='~ill R.elwcnship Ie :1$ foOowa: (I i. Member or Cir)' f;c;wnrruS9lcn or Doard huhJ~ un uwncrsnlf1 Imerest In ~ ur 1 % of lotal aasar~ nr "'~itat s1oc:k ur AWIk.:<Jrlt a Repre.'V'!n~i\t'e; rIll. Mwnber of CI1y r~I'991on Of' Eloard 18 1,;1 V-MIner. CD-AAfW'./'...~..b las; IQ lIOIlGIw: Df 3 ~ whil;f1 are hl:Illi:ok:d en any n:nJonol or mrllOni!ll stock eA\.1.iMlU8) or JnlM v.er\turer WlItI the Applicant ur ~ve in any bwiins68 ventUre: f1 ill. Tile "PPllCBllf IV IlepesenUllivw hi a CUent or 8 memhN of the City Cummleclnn tv Boen:I 01" OIl Cln:..lt ur anethAt' ProfestlOMI WMnnlJ trom the- san. UrrK:H or fur trle same employer a.e Ihu lIIc.:mbRr of tl"e City comnlitiliiun or 8oan:I; I J iv. A Cily Camml<L~or tto.'\I IIMnber Ie Q C1icm CJitneA.ppliwnt UI ~r.."1tIVO: I J v. Thw Applicant cv kepteSenWltiV6" i~ ;.I CU:3tomBf' m the meml.Jwc or the c:;tty GommL..~ or ~u (cr of hlr: t:U" her 80lP!u1Ol) iJIld tmn!tN'.t;S more U)llln 510.000.00 nf'1he busirlM& of thtr llIcmbarntfh" CIty CDllllllili&lan or Board (or I'lie. or her C!l'upluysr) In a Ol\lcn CBIe~ year; 1 J vr. I nt'l m$lld.ll;'l lJilhs CI1Y Comrrllaalnn or Board i:>> ill CUtiI'omP.r or Ule Applicant or ~tSU1rartwJ and 1l'ilOS"~ mom than t)h.UOO.oo of \J',. wslnas:r. rA ItIIIJ AppIlClnt 0' RoJJ'~IBdve Itl CI given ~Hfldar ysw. WITNESS MY HAND TI ~!.lAY OF "J \ HI f' .200.Lj AI-HJCANT; ,.,y:-.~~~. {!;ignatww} Nome:. n\lU)O. ~ct ~ 'R! "'f\ _(''riol) IltJe:~.c.., __-----=-_.e~-+ (J'11'*) WITNrr"'MYHANDTH~~IlAVOF. J \Jn~ .200L{- PROP~' ~ (tv,-. d ~----- (S;Y"oiurv) Name:DO~!lI~ l .~~ t..~Qn IP,;,,/) TIUe:-.JJ..\C _ _t__ e~ (Pri(1t) .~ te.rms .BusJntNl; Rc/1J1/{Jmmlrl.' -CJifjnl. - -eum,,1f'ter,. .Applio.:i"l. . '"RApresenrillive'" iffld -lnfOIfUJted Persa,,- RffJ actinecJ In Secll'u" ?_ .1~.'j ofthff AlItlntum City r..:ode. Received OS-01-04 03~2gpm From-Q543415QSI To-HCA HEALTHCARE CO RE flB.e 011 22 06 '04 23:13 r-nOM nTIJCTI WITNeSS MY HAND THI$V Of- :r ( \ n e.. REPREZ::::ltr;., (U.'&bod.on Busi"""" RaJllllnnahlp AffidAvIt) tlY:\\ kl!~(ISiy"~/uf"} Nam~\'pWd.tc\. K,. ~ll-t\~\" :l9,Q'1 Tltle:...'0 \ c. e ~tC~~ d e"ftipl1n~ By: (SiRnlltUrel N:lImp.: (Pftn~ liU.. (Prinl) By: (SlgnshlfB) Name. (Prir,O TItle: (Printl B y: .___(SJgll~llJ1I>) Title: (Prin~ TltlA: (Ptin~ Ay: (Sign"ture) Tiuc' (Prln~ llU,,; (PfInI) By: (SlgIKlluro) Title: (Pri"O TI1Ie:_ . _(PtuI1) 0543415061 T 170 P005/005 U 3UU ~IJ'J~ By; (Sf!l""/uTII Nam&:; ("'filII) (Prin~ TiUR: Ily: (Sign/llurfl (f>rinll Name: 11tIP.; (PrInl) Ay: (!"JQnRtU1P. Name; .._ _____ _._(Prln/) IltIe; II-'nnr} By: (SiUIJCllUlY Title; (Prinl) Title: (Pnn/) lIy; (1iI9Ilacu,... (Prin~ (Print) (Slgnsf1lfB (Prfnt) (PritriJ TIUe:_... TIflA' By' l1Ue- TiU..' NOTE; 1) Un duplicate ehoobl; if dRl;GIV$un: informonian far ReprasBntatlve vsri_ 2) Appb.....to ..ad Atii_ ar.. sdvisad to) ......,,. """pl........ uw. AmoJ...il p..........u '" S-. 31-71(b)(2)(i.) uru... CitY'; Land Development kegulotlon:. ill the city Code. in the event !hEll prior In cnnsidcrBtian nf'the 8pplicatinn by me City Board or Commi!I.sio ReceIved 06-24-04 IOl05em From-954S41S961 To-HCA HEALTHCARE CO RE Pa.e 005 22 06 '04 23:13 r-nOM nEJCE 0543415061 T 170 P004/005 U 388 ;;:r~t'\ l'\ e 5 S c: ~ NOTARIZATION PROVISION STATE OF ,IDA l . 1 GnlJmvnn"'''R'DF)l)Q.\), Q.~Ol'\ Hou:o.."~ ~. ~ ml"'.. rrwlilfllloo:n<l(JnM "I~. ~n..ay~fflI(I~~~.s:01""\ ~ "Is:A~avft:far1l1epurJlClJll8I111118d1hlllWlan:lthal:nlBtnJeanct CWOllNTOANOSlJDSCRI[JCDbf!fntP.~me..~;.,~ ~ un~ My Commission Expires May 28, 2006 ........ s. .. S .' NOTa..... ". ;~-~... -~'~~""'''IU'lU.''''''''''''''''... A'1~ i. t'uBlIC . =' -~ . - . ""..A- ~. AT : .~ A....IANI ~ .... LARGE ."~i ~~~~ ~~ .'"€$ '.~ ~.~. '",:_~ Prlnt,d Niunv or Nocaary M{CDI1IfJIIS3IOI1 QIINIB3= . STATE OF FLORIC^ ) COUNTY OF' UIA~OE) e...rUll~ IIII!'. UIe UIdl=r~J-.I ...U_ilJ. par.uNlllr ~fId exewtod 11'18 f\IIICbVl1:tortno purocccc GQ1DG 1nOf'OItGnQ Nt Ita 11'\10 GnCJ CI:JtI'CIX. U...A[J"_Il., "II) ~'U.w I.Jr II~ dulJ ~Il. ditJ ~ UlI dWIII URlll1ld:sl1t: l.1WOrtN TO AND CUCOCRlDED befote mft thi5 _ dnr nf AFFIANT :>oQ.... No~ Plolbo~ S&alirir Qf Fklrid.il A\ Wfg9 P.illw.J NaIl.. ul"Nubu, My Ol:amr . .~ STATE ~ ~l..OF\IP^ } (~llIINIY (II- MtAMI-l:"'Ilt:) Ba1Dr8 me. the undersigned IIldhn'ir. ~ III'PftII"ld ~'UlW UW Affllbld b Uw pwposw stMld ... and...." Is: 1JW and c::ufJ5CL Itw Aft"IN1t. whn tllItIng tn.t br' nr. dlll,~, diri __,.. mimr tMt ~.\'ltuIJ' tiWfJHN 1()ANUHlIHHC:HI~I)he.Ir.WWlrNi'ftI8,_d8)Pof AH.IAN. ""'- NOIiIfY Pu* Saw 01 Pbtd:iI At!.illgil PlilllMd Naul.. uf Nubu, t.lvntln'll'l'Wr".inn~ ST^TE O. FI.OAIOA ) (;(nINr., (l.. M1AM""""'DEl Detore me. the und~ned .uthority. ..~ .ap~ -.1;ft;U!ud U.ko ~ lor the PUIJ)Ol:lC:J:maa::a In8t8In BI1d INIl It Ia true and cotr8(1 Ihe AffI.an1. who being fIn;t b,' me duly s.worn, cUd SWNJ'"<< .;dftnn ~ hw..ne mvoRN TO AND GUBSCRlSSD btfof-. fJJt'1hIs_ doIyof AFFlANT .aGO_' Nnlnry t-'utIIID h'lnlr. nt ~1DndD At LI:lrga f'rinIIad Name or NoIU)' Uy.........~..,~ Received 06-2&-0& 10!05am F rom-954a41S96 I To-HeA HEAlTHCARE CO RE Pale 004 22-1il6-' 1il4 21: 43 rtIUM-RhJl.,h %4341~9bl T-174 P1il1il2/1il1il4 U-381il . BUSINESS RELATIONSHIP AFFIDAVIT* This AffidaVit is made pursuant to Section 31-71 (b)(2)("u) ~ th9 City of Aventura land [)evek)pment Code. The W1dBrBIgned Afftant hereby disdo&e& that: (mark wtth -X- applicable portions only) r/1. Affiant does lIlIl have a BusIness Relationship with any member of the City Commisoion Of any City AdvIsory Boanl to wtliell tile _nlllillbep_bl<l. ( ) 2. Affiant hereby disdosa tI\aIt it ........ havlll iI Business Relationshlp with a member d the Cit)" Commisaion or a City Advisory ~ to _ the application wiB be pmsented, .lQlIQws: (Ust nane of COfM'Iissloner or Advisofy Boerd Member) Who &erve9 on tile (Ust CIty Comml8olon Of CIty AdvIsory Boartl upon ....Ich member serves). The naIuftl "'the Busl...... ~ i>... fullows: I J i. Member cI CIty CCJmminiClfl Of Board hokJ& an ownership interest in 8XC866 of 1" of Iotal a668ts or capUaI stock of Applicant or RBprasantatfve; [I D. M...- '" City COrnmis8ion Of Board is . partner, oo-shan!IIoIder (89 to!lllareo "'. OOIpOIsIion _ ""' nol &oted on any n_ or region" stock ""'1Il1Qe) or joint vonlll.... _ the Applicant Of ~ in any busina88 vantu..; I J ilL The Applicant or Repreeentative i5 a Client of a member 0( the City Commission or Board or a CDent of another oror-ional wOO<ing from the same o/IIoe or for the same employer..the member of the City Com_ or Boald: II Iv. A CIty Com_Of _ __ i.. Client of1he Applicant or Representative: [J v. The AppUcant Of ~lilli"" .. . Cuolaner of the mambar of the City eom_ Of Boanl (Of of hi> Of her omployw) _ tran&act& """" than 510,000.00 of the txJslneos of the ......- of the City Commission or Board (or "Is or her lIfJlIlIoyar) In . ~ caIandar year, 1111I. The member Of the City Commission or _ Os . Customer of the AppIOcont or Repoeoerllotive ond _ __ than 525,000.00 Of the ""*'- of the AppUcant Of Repr..,laliva in. ~ __. WITNESS MY HAND THIS 3<.1 , c DAY OF Th.. -<- 2001. APPUCAW By' {Slflnatura} r:::; ~e . ~O~.. =} .l '''''~, W1TNeSSMYHANDl1iIS~DAYOF :J1~rJii' PROPERTY OWNER: 2001. By: Name; TiUs' ISlflnMlurv) 1Prfnt} (Prfnt) "The terms ._ RoIatiooohip, ' 'Client, . "CUstomer,' "AppHcsnt,' 'Repmsentatfve. and 'ntete6led PefOOll" 8'" defined In SeclJon 2- 39~ Of the A_tuns City Co<k>. 22-06-'04 21:43 FROM-REJCE 9~43415961 T-174 P003/004 U-380 NOTARIZATION PRO\IISION STATE OF FLORIDA ) COUNTY OF MlAMI-OAOE) r./ 6efore me, the u~ 1IlIIhoriIy. ptaOMD)' IlppMI1Id j} ( h~ r'/ N Iv~J~ AtIIanf. Who bWlg ... by 1M dUly SlIlOm. rid __ or afftrm tNlt IWstNI ~thlsA_""1IIo___lIIlII""I"""ond_ "'1\111111111111,,, '( ~" ~S~ L C"/Y. "I~ 4 - ~ ~<(i. ........ u& ~ lANT ~~..:~~\SSION/I....(? ~ .-- ~ .O~' 720,-r..o. ~ It~,. <L 2OOt~4' ~ ~ l~G~i' 0& \"':*~ . _, /1-- * .. .... .. = . f ," . 1/1-./.{..4(.. ~: : :- . Public......;,? Al~ ~""~ ItOD316858 :iS~ ~~~NCiary;; / ~%...~,.~~ J:l~ MyOOl.",' 'n~ I 'i ~!r.4t...~.~.~~~~ it>", ~/\,o b''''~ ~,\~ "IIIIIIIIl\l'\\" ""r- SWORN TO AND SU8SCRlBEO befof8 me 1his ~ day 01 STATE OF FL.ORIDA ) COUNTY OF MIAM1-OAOE) ............1110__.__... 8XBCUIBd U1BAflidavi.furthe PlJIJlOeI!IB stIdIild ~p "-'ltiG We ..nd~ 1M Atliant. who being ftnIt by me Cluty IWOm. cIld swear or atI'Irm 1hat beIIhe AFAANT SWORN TO AND SUBSCJ\lBED before me 1hk;. _ day of 200~ NotoIy Publlo _ 01_ At loqJo pml8d~d~. M,-... ._ STAiEi:OFFLORIDA ) COUr-.lTY OF MlAMI..oADE) """"".......--.-- ~ thill A~ fotthe purpoM$'" thInin and IhIIt tI: Is true and oomd. d1e A1'IIi1nt. who bei1g tIrst by me duty sworn. did swear or aftIrm 1hat heIGho AFFIANT SWORN TO AND SUBSCRIBED __ mo1hlo _day 01 200_ Nc;JbIryP~bIic~ufFloJtdiiiAt~1t _...... oI-.y Myaxm>iaion _ STATEOFFlORIDA ) GOUNTY OF MIAMI-OADE) IleIon>mo....___.__ exea.ned "Is AftiGtwitfa!' 1M JUPDMS sbdBd...... end" it is true end ~ 1he Affiant,. who being ... by me duly &WOrn, cId 5W8Ilr or afInn thill heI&he AFFIANT SWORN TOANDSUBSCRIBED ~,..Ihis_ day d 200_ Notary PuOIic Stale of Aofida N. Large PmIIId Name of Notary My...........:......t1.,~: 22-06-'04 21:43 rHUM-R~JG~ 9~4j41~961 j -114 ,004/ 4 u-", WITNESS MY HAND THIS 3l" " DAYOF T"- '. c 200.:1 fly' (SlgnatutrJ Name: (PrInt) Title: (Print) fly' (Signa/ure Name: (Print) Title: (PrInt) By: (Signature Name: (PrlnI) Title: (Print) fly: (Signa/ure TiUe: (PrlntJ TiUe' (Print) By: (Signature Tille: (Print) Tille: (Print) By: (SignalutrJ Title: IPrlntJ TItle: (Pr/nI) REPRE~NT A ~IVE/-)SI8d on BusilltJois RBIalionship Allidavi') fly:~ :=t (Signa/unl) Name:"R'i C No r CI 'r<. e "p ed 1 (PrInt) Title: ~ h;e~ Of">' ,,-'F ":5 (Print) o f--h't.: ~ c By: (SignaW"') Narn.: (Print) Tide: IPrInt) fly: (Signatu"'J Name: (Print) TiUe: (Arint) fl y: ISignalutrJ) T~: (Print) TItle: rPrtnt) By: (SignatutrJ) T~8: (PrInt) Tille: (PrInt) fly: IS/gtJaIute) TIlle: (Print) Title: (Print) NOTE: 1) Use duplicate _If dlecloeure information foe Rep,_v8 varies 2) Appliclmts and Aftlants are edvIsed to tlmely snppiement this Affidavit pursuarl' to Sec. 3l-71(bX2Xiv) ofth. City'. Land Development Regulations ;" th.. City Code, in th.. ev.....t _ prior to ocmsidemtion of the _Iieetion by the City Board or Commfsslo .'., ....,::."...., ..' , -'.' ~ rtIl':; ~ql.;~' 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: (marl< with 'x' applicable portions only) )<2. Affiant does not have a Business Relationship with any member of Ihe 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: (Ust name of Commissioner or Advisory Board Member) who serves on lhe (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I 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; II il. Member of City Commission or Board is a partner. co-sharehoider (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 worl<ing from the same office or for the same employer as the member of the City Commission or Board; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; II v. The Applicant or Representative is a Customer of the member of the Cliy 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; II vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS L DAY OF V'w...-- . 20~ .APPLlGAIJf: -..I'_S..........,.,........ By: ~t"'\...r ='- Name: E.t;ItIt- ~'-~-S; Title: oIl<e"-/~I._;-. (Signature) (Print) (Print) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: , 200_. By: Name: Title: (Signature) (Print) (Print) 'The terms 'Business Relationship.' 'Client, . 'Customer, . 'Applicant, . 'Representative' and 'Interested Person' are defined in Section 2- 395 of the Aventura City Code. 06 01 '04 16: 42 mOI"1 nIlON rmN13GT JON13G WITNFI';$ MY HAND 11 lit; N CAY OF\Ju.. w REPRF$;FNT A iJVE: Cuated on Yu&ine&8 Rckdiun...mlp Af'lldavit) By, ~-.::J\-.. 'Siyll~II"') N8me' I?(j~~ l;__or.-,l:,lj'S l1lIe: VW-(lM5I~r (Print) lty~ Tit".. (SignallJlU) IPrinQ _(PrinQ NArn,,:_. Lly' ~(SigIlRI"re) Name:_. (PliIIV (Print) TiUu: 1.1 y' r.'.;jgnaJUI.) 110,,: (Print) (Print) TiUc. 6y:_. (Sigoalurn) liU.. If'rint) (Prin!1 .-I(;JQnetlHe) . _(Print) . (Prillt) title; B1'_ T1Uc'_ HUe: ~543415~61 T ~47 P12(2~ U 457 . 20ctt By: . (Sifl"iJtUIR Name' (Pr;.,t) Iltle: (P,;"t) 6y: (SlQnetutlJ Nama:. _IPrfnt) Tf'le~_. (PrlllU BY'_. (Signatu", Nallt4:_ 'Print) TiUy; (Print) By' lSiJ;JlIi:ltIlIP. TItle; (Hint) TlUe --1"""') Uy: (Sigm,'ufv Tide:. ---fPrinl) Tltle:_ _(Prin~ By'_ IS/gtIRJn,.. TiUu: (Print) Title (Plinl) NO'rE= 1) US" duplicate sheets if disclosure information for Representative "..rill8 2) .A,P....hc:liIIIUi QJ1d httiuuu> ara IldviScd to Limcl)' 5upplc:mom thi,. Atl'ic.l.cl.vit I"'JnUBlJC 'tQ Sec_ '11-" 1 (b)(2)(iv) of t..l.u== l..:'.i.b"s J .....00 DeveJupmcm R.ep,uJ,arioDG in the: Cit.y Codal in tbc C'V1;,1.ul dun priOl Lu e,;onAick>ntio,u ufthe Applicati.un by ~hc (,:1:ty BOiU'tl or CnrnmiJSiu , T' Received 06-01-04 03~2g~m From-9543415961 To-HCA HEAL THCARE CO RE Pate 012 08-19-'04 15:36 FROM-REJCE 9543415961 T-730 P001/001 U-413 NOTARIZATION PROVISION STATE O~ RQRIOA I COUNTY OF MIAMI-OAOE) Belore me. the undelSigned authority. pernonally appeared e.lt~ ill.w-'~ Affiant. who being fire' by me du~ swom, did swear 0' affiflllthat he/she executed this Affldavil for the purposes stated therein and IMt it is fl'UQ: and con'ect. ~ \..--.7\- AFFIANT SWORN TO AND SUBSCRIBEO beto", me lh~ li!day of /JOG-US J 2001 es t.WlILYNMULN KRIlL Nolary NlIc . .. 01 FIolIda . . c:-..,......__..u9, 2001 co.....' r' ...,.. tI DOa31216 .. Iandlld""NalIanlII Noay AIIn. __ ~~;;~rw~":"~ jJt;11fllYtJ filv;.; Air kb~L STATE OF FLORIDA ) COUNTY OF MIAMI-llADE) Bofo", mo, Ulo underelgned authority. palSonalty appeared he/she executed this Affidavit for the purposes stated therein and that it is true and COITect. tI'Ie Affiant who being firnt by me duly swom, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBEO before me 1l1~ _ day 01 .20lL Notary Publ~ Slate of FIo~da At La'lle Printed Name of Notary My commission expires; STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me. the undersigned authority. PQrsanal1y appeared he/She exec::uted tnis Affidavit for the putpClses stated therein and that it is We and correct. the Affiant, who being first by me duly sworn. did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED belore me this _ day of 200_ NOlaI)' Public Slate 01 Florida At large Printed Nama of Nolary My commission expires: STATE DF FLORIDA l COUNTY OF MIAMI-OADE) SefOle me, the undersigned aull1ority. personalty appeared helsh. executed th~ Affidavit for the purposes stated therein and tllal it ~ vue and co'",ct. the Affiant who being fiml by me duly swom. did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED befofe me Ul~ _ day of .200_, Notary Publ~ State 01 Florida At Large Prinled Name of Notal)' My commission expires: 14 2l-06-'04 22:07 FROM-REJCE 9543415961 T-177 P002/004 U-384 . BUSINESS RELATIONSHIP AFFIDAVIT* ThI$ AfnaayJt Is made pursuant ID Section 31.71(bX2)(ii) of the Cily cI AvenbJra Lald Development COde. The u~ AfI8nt heteby discloses that IIT1lfk with ','applicaljepol1jonsonly) )(1. AIIiant does net have a Business ReOtionship wM "'y _r of~. City Commission l>' any City Advisay Board to wI1ich ~e applcallon win be pteSMled. 112. AJIIenthel9bydsdooeolhal.__aBuslnessRelellonsl'Opwltl.memberoftheCityecrnm;os;on",.CityAdvlsoiyBolld Iowl1ichthe_wlUbepreoenled..._: (Ust name ri CortvnIAltnlr or AtMtay Board Member) who &eI'VeS on the (UotCity Coovnission l>'CityAdvlsoiy _l.!""'wI1lch _serves). ThenahJreofIheBusi....._~...foflowll: III. MembarofCityCcmml6sionl>'_.-",""""""lp_lnexoesoofl,.oflotalassela",,,,pitaI_of Appl<ont"'~; 1111. _ofCityCOlnmisSonl>'BoIIdIs.""""'._I..to......of.~wI1Ich...""'_on any naIIonaI or 1'ElgicJl'IaI1lOdt~} 0'" joint wnluruwilb. thaApJilCaRtw RepresenIative n MY busieIs venture; [Jiii. Tht ~ (I" ~aIiYe is a Client of a member ct the CIty Comnisslon rx Boan:I or a Client tJ ~ pmfesslonal worIdng r.om the..... _ ",for Iha ""'" ampioyer ",Iha _rllha City CoIm1ission l>' Iloanl; (liv. ACilyCcml'lllionerorBoardlJ18ll'lbEi'IsaClienlrithBAppIIcIIltorRepresentallve; 11'. The Appllolnt l>' _Is. CUsIllmeroflha mamberoflheCily ConInIssIon '" BoaI<l(",of~, "''''' employer) l>ld _ '""'"than $10.000.00 oflha _ ofthamamberrllha City eam._l>'BoaI<l(l>'h.l>' .....""llIoIeolio.Iivon-_ II~. The _ rl U10 City Cootnisslon l>' BoaId Is. CUstomor of lheAppllca( l>' RepresenIative ""'........ ""'" """ $2S.000.00ofllle_ofIheApplicontl>'_io.~""_",,,. Wfrness Jl( HAND THIS _ DAY OF APPLICANT: 200__ By; ~: Title: (Siynaluro) (Print) (PrinIJ WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: 200__ By: N_ Title; 1SigtJO/urO) fPrinlJ IPrinIJ "Thl llnns ._ _jp,' 'Client,. 'Customer.' 'Applicant' 'fIepresentafiv'1lJId 'Interested PeI3O/l' lit dllinld 11_ 2- 395 of till Aven/unJ City Code. 22-06-'04 22:08 FROM-REJCE 9543415961 T-177 P004/004 U-384 WITNESS MY HAND THIS ';)q DAYOF :rV'le 200j RE~J~'_nshiP-..n) By (Signa/UJV ~: Sig~~) Namef I; ffc,J A. ~lt,i-rPrint) Name' (Print) Tille: A-tlO(ne\/ (PrinQ TItle: (/'lint) I By: (SigmI/Ut8) By: (SignolwB Name: IPrint) Name' (PrinI) Till<,. (PrInt) Tille' IPr1nI) By (Signatuie) By: (Signature Name: IPrint) Name: IPrInt} nUe: (PrInt) Tille: (Print) B y: ISig~~J By: (S1gna/Uf8 Title: (Print) TiUe' (Print) Title: IPrinQ Tille' (Print) By: (Signature) By (Signat~ TIlle' IPrInt) Title: IPr1nI) TWe: (Print) T~.: (Print) BY' lSigIlllfU1&) By (Signotute Tille: (PrinQ TItle: (Print) Title: (Print) Tille' /Print) NOTE: 1) Use dupliGate'- W disclosu..lnlormallon lor Representative varies 2) ApplicaolS end AflianIS.....m.ed to timely supplem.." dlls Allidovil pumwll to Sec. 31-71(b)(2Xlv) ofl!le City" Land llev<lopmeot Reguloti... ill tile City c.d<, in the oveol that prior to <OOS!dc:rollon oftbe opp_ by the City Board or CollllllissiD 22-06-'04 22:07 FHOM-REJCE 9543415961 T-177 P003/004 U-384 NOTARIZATION PROVISION STATEOFFI.ORn'. OOUNTYOI'MIMI.oAOE) GI IT''t~C) A. ~hul:"'W'1 -.......""",,--,-- UBCllWd..Mlidawltfotllle p.KpO/IeIlIIIbIlI1BnlmandtJal:liI un ~ SWORN TOAND SlSSCRIlED """.dO.;A ..,d J" lYJe ~ Rtm, dif ___ or IIftim IhII: hMhe ""j r,..L '?1+J.~ ~~~FbllaAlLalgo 0 PmlId Nlmt gl"'*Y ""..........- 'r:;(;-iC' c":i,;i'rTil.lhsEAL , i~.j~t_::_,y\r I' HOOCE ! 1'.;cyr,'i. h ", -.'tJ. TE OF FLORIDA .,",' ,.1"_ ;;y. ';c- DD039618 L_::l._. P~J1'LY 5.~2._., STATE OF FLORIDA ) COUI'lTY OF M\AW.DADE) BeIore_1he ~ 8utJarit)'. plnCOlItfappand UBaItlId Ihi5Al1i1av11Illr-. PIIJlClI8SIllIild 1benlid'w IlaI:liltueWld tDnllt. IhIJA!Iant, who ~ IirIt by me lUy sworn, dlc:I....lrd\nn bthtllhe AFFIANT SWORN TOANJ SlESCRIBED ban n NII_da, of 2OIt. NoIaryPul*:statloIFklrIdaAtla/gl PMWlNamtolNOlllfy ""..........-. STATE OF rLORlDA } OOUNTY OFMIA~ -.""...--.-- 8XM:lIW ltIIAlf"Jdadb-...pW'pOIet..........1IIlI1hIiI: illIM andc:arnlli. 1leAttiant. whO bei1gfi1tbrll'l8~SWQm, did swear orllllnn 1hBI..... AFFIANT SWORN TOAND SUBSCRI8ED beIortmetlis_Gayof 200__ Noloy......S1otodF_AtLalgo p_ Nomtd N<coy ""-- STATEOFFLORUlA I COONTY OF MIAtot-OAOE) _mo....u~_.__ ..~lhIsAll'davllb'1ht~....,""""Ind...tlJtueandamcr. theAlllri. who blq I'nt by rredijy nun, did_or dim ""hMht AFFIANT SWCRN TO AND SU8SCRlBeO bebtme1l\i$___gf 20L Noiuy Pubic SlICe 01 FkltIda MlM;a PmIid H8me 01 NWIry My-- ~~r -~ ~. -~._~~ From: unknown Page: 214 Dale: 9/212004 11 :04:29 AM fa r-'-3~ BUSINESS RELATIONSHI AFFIDAVIT" This Affidavit Is made pUlSuant to Section 31-71(bK2KiI) of the Cily of Aventura Land 0 elopment Code. The undelSigned Affiant hereby dbcloses that (mall< with 'x' applicable portions only) (X] 1. Affiant does nol have a Business Relatiooship wilh any member f the City Commbsion or any Cily Advisory Board 10 wlltch the applicallon will be presented. [ J 2. Affiant hereby discloses that iI does have a Business Relations Ip with. member of the Cily Commission or a Cily Advisory Board to which the application will be presented, as foli : (List name of CommissioMl Advisory Beam Member) who serves on the (List Cily Commission or City dvisory Boom upon which member serves). The nature of the Busines. Relationship is as follows: I II. Member of Cily Commission or Board holds an OWMl hip Intelestln excess of 1% of total assets or capital sloci< of Applicant or RepresOOlative; II Ii. Member of CIty Commission or Board is a partner, CCH hareholder (as to shares of a corporallon which are not Ibled on any national or regional stock exchange) or j int venturer with the Applicant or Represoolative In any business venture; [I IIi. The Applicant or Represenlative is a Client of a mem r of the City Commission or Board or a Client of another professional working from the same office or for the s . employer as the member of the City Commission or Board; I] iv. A City Commissioner or Board member is a Client of t Applicant or Representative; II v. The Applicant or Representative is a Customer of the ember 01 !he City Commission or Board (or of his or her employer) and transacts more !han $10,000.00 of the uslness of the member of Ihe City Commission or Board (or hi. or her employer) in a given calendar year. [J vi. The member of the City Commission or Board is a C stomer of the Applicant or Representative and transacts mOTe than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HANDTHIS-1!...hoAY OF September . 200~ APPLICANT: BY:~ >-0 Name: Norman Leopold Title: COB, Attv (Signatura) (Print) (Pnnt) WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER: .200_. By: Name: Title: (Signalure) (Print) (Pnnt) 'The temJs 'Business RelationshIp," 'ClIent," .CUstomer," "Applicant," 'R Section 2-395 of the Aventura City Code. entatille' and 'nterested Person' are defined in This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com ~-i ~~ ~. ~~.~~_ From: unknown Page: 3/4 Date: 9/212004 11 :04:29 AM ,..- WITNESS MY HAND THIS.-1.lli DAY OF September .~. REPRESENTATIVE: (Usted on Business Relationship Affidavit) By: ~ ((SIgnature) By: (Signature . Name: Norman Leopold (Print) Name: (Print) Title: Chairman of Boar<rPrint) Title: Prim) Attorney By: (Signature) By: (Signature Name: (Print) Name: Print) Title: (Print) Title: rint) By: (Signature) By: (SIgnature Name: (Print) Name: (Print) Title: (Print) Tille: Prim) B y: (Signature) By: (Signature Title: (Prim) Title: (Print) TItle: (Prim) TItle: Print) By: (Signature) By; (Signature Tille: (Prim) Tille: Print) TItle: (Prim) Title: (Prim) By: (Signature) By: (Signature Title: (Print) Title: Print) Title: (Print) Title: (print) NOTE: 1) Use duplicate sheets il disclosure inlonnaUon lor Repres e varies 2) Applicants and Afflants are advised to timely supplemen this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City C in the evenllbat prior to consideration oflhe application by tbe City Board or Commission, the informat n provided in the Affidavit becomes incorrect or incomplete. This fax was received by GFI FAXmaker fax seNer. For more information, visit: http://www.gfi.com --I ~~ -. ~~._~~ From: unknown Page: 4/4 Date: 9/212004 11 :04:30 AM r' . OT ARIZA TION PROVIS 0 STATE OF flORIDA ) COUNTY OF MIAMI-DADE} Be"'re me. Ihe undersign.. "thorny. personaOy appoaAld Norman Leap hi Affiant. who be~g r".1 by m. du~ ,worn. did ,wear or alfinn Ihal he/she executed this Affida~1t for the purposes stated thereIn and that It Is true Bnd correct. SWORN TO AND SUBSCRIBED HIIAi1Y 5. FsNSTOCK tJ!( COMMI5SION I DO fJ3ffJ47 EXPIRES: OcIoller 18. 2005 . eorll:led ihl'll ~rv Public \JndllWlh ISeptem!l!;uoo~ Leopol<l ~ ~>~~~ lal\le ...)if;&~. f~~~ ~~.._....~ .Rf"," P inted Name of Notary M commissIOn explnls: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, Ihe undersigned authority, personally appeared he~he oxe<:uted thl, Aff~avit for tha "'1]lOS!S.1ated Ih",,~ and thaI h Is lru. and oorre<t. the Affiant, who being flrst by me dUly SWOM, did swear or affinn tnat FFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. otOJy Public Stare of Florida "'la'110 hnl.d Nom. of Notary y comml6slon exP~: STATE OF FLORIDA ) COUNTY Of MIAMI-DAIlE) Before me, the undel1!gned authority, p81'$01laUy appeared he/she exewted this Affidavit for ttle purposes stated therein and that n Is troe and correct. the Affiant, who being Iirs! by mo duly sworn, dij 'wear or affirm that IANT SWORN TO AND SUBSCRIBED before mothls _ day of .200_. Notary Public Slale Of Florid. "'large Prinled N.me of NOIary My commission cxpll'8S: STATE OF FLORIDA 1 COUNTY Of MIAMI-OADE) Before me, the undersigned authority, personally appeared heh.he executed tbis Affid8vn for the purposes staled therein and that ills tNtl and correct. the Affiant. whO being fllSt by m. du~ 'worn, did ...... or affirm 1h.1 AFFIANT SWORN TO AND SUBSCRIBED bolo.. mothl. _ d.y Of .200. . Notary PubBo State of Florida At Large Printe<l Nome of Notary My commbalon expires: This fax was received by GFI FAXmaker fax server. For more information, visit http://www.gfi.com ........~ ....... ...... .....-.--.... From: unknown Pago. 2/4 Date: 91212004 11:04:29 AM . BUSINESS RELATIONSH AFFIDAVIT" T.... AffidavIIis made puBuonIlo Sedion 31.71lbl(2~ij) '" Ill. Cly '" AlIeOlura land D iopInenl Code. The uodtn1gnocl MianI he<ebJ disdoo.. that (m...wilh'x'.pp1lcabIepcxtionsonly) 001. - does !!!!l..... a Bus....s _ship 1IiIh ..y _r \he City Commission at any C~y Ad1liSOly 8000110 wNdlll\e appbb wII be presented. 112. Afti8nI homily _eo IIIat l does ha.. . BusInOls Relatl,,", Ip with . member '" the Cly C<>mmls~,," or . City -'d>isoly ~ to ""'ioh the application win be P_Iod, as 10 : -'d1ris0ly Boan1 Membe~ 111\\0 ,"""s on tile 0Iy BoanI ~""Ich m.mber..",,). Tho '_"'!Ile Iluo...... _sh,,1s as foIows: lIt -.olCityCommiBoloAorBo8<<l_.. s\Otl 01 AfIIlIicanl or RopresenlalNe; (I i. Memk of City Ccmmisslon... BoanIis . plWlnel, ....Iller lIS to.- aC . COI1IOItt1on which "'" not IIsled QIlIllY llOIional or .... aIoct IlIIO"-l or __.... AppIIca1I or Roto- .. Illy ...... -...: II r, The AppIil:onl.r ~1lIItvo" oCis1tolo rollhoCly ComIOloslon orB_ or aClentol_ pl1lfeAional working tom tho nme _ or lor ... employer os tho member 01... City CommIsoIan or Bo:wd; II iY. A CilyCommi$siOner..8oaRImemboorlS .Cleolo! II v. The Applcant... Re""",enlaive Is a C.'tomerol the ,,"woltho C'1ly Commission or Board (... ollis or her employe!) OIld tJansacts mort Ih.. $10,000.110 oltho "'inOl' ollllell_ of the City Corn_loa or Boanl (or hi. ... her employer) In 0 given caie!ldar)'Oar; II yl. The member III the City CommIs,lon or Boenl is . '"'" of the "P!>ficanl or RepIeo<n\aIiYe and _IS '""'" then $25.000,110 01 tile bu&i_ oltho Applicant or Repre$enlativeln. gI'Ien calel>laryoar. 1WrTNESSIIYHA/(DTHtS 7tro"YOF Seotember .2OO!t. APPUCANT: 8r.~ 0 NI"m~ orman eODold Tk COB. Attv (S9InnI (Aid) (PrinI) WITNESS IIY IWlD'MS _Ilt\V OF PROPERTY OWNER: .200... By: !tame: TIle: fSqra6stJ IPrinI) (PIfnIJ 'The lerm, 'al$ines; RelaIionIihlp,' 'CI1ert,' "Olstomer,' 'App/ic8rlI.' SeclIoo2-395 of the A1I8IWa cay Code. . n 1nteresled 1'eI;oo" 8tll fielined In This ra. was received by GA FAXmakOf fa>< .....r. For more information. visit hltp:/'-w.gfi.com '-'~ 3B ...._~ ......... _. ........e....__ From: Wlknown Page: 314 Date; 91212004 11:04:29 AM WlTNESSMYHANOTHIS 7thlJAYOf September .200>. REPRESENTATIVE: (Listec1 on B\I5Iness ReI3~ Allida'ltl) By; ~ SJ (Siplure) By Name' Norman Leopold (1'rinIJ Name: Tile: Chairman of Boar~) Trtle: Attorney By: Name: Tille: By: Hwne: TIlle: B y: Tille: Tilt.: By: Ydie: TllIe: By; 1Ile' Tile' (Signature) By; (Pritt) (PmQ Name: Ti\le:_ ISignaIue) (PMtJ (PriIt) By; Name' Tille: fSigJalufe) (PrfnI) (Print) By: Ti1Ie: Tit1e: ISignaltJtIl) (Prinfl (PIintI (SIpIureJ (PriIO (Pdlll) By; rile: TiDe: By: Tile: TdIe: NOTE: 11 U" dUpllclIIe all_d dlscla&ute inIoImlllon lor 2) Apt>litlllts and Affi...ts are advised In timoly supplcm oflllo City's LaGd Developmenl RoguIaliIlos in the City C application by the City IloonI or Commission, Ibo idltlllat or ineomptetc. (SlgnatWll It) PrInt) (Signature lVrI) Prilt) rsigrlafure PrInt) (SigJalure lift) (Pml) (Si(,tIaIure ri) Prfnt) (SIf1l1iwe 1 nlles this Affidavit pursuanllo Sec. 31-71(b)(2)(iv) in the cvenllllat prior In COIIsid0<8tioa of tho provided in tho Affidavil becomes inwrrocl This fax was received by GFl FAXmakor fax server. For more inlormation, visit http://www.gfi.com ('.- v....... v~ _, ........,~............. From: unknown Page: 414 Date: 9/2/2004 11 :04:30 AM ,.. . IlA: ON STATEOFFlORIDA l COUNTY OF 1I"""1lADE1 __ ....110 u_goed ~. po""" oppewcI No helthe """".6~' Al&lMlI for Ibt pUI\llIS" s1.lltdl1trtln Mlholft .".ulll_ :iIoi A_*belngfdlbr m. jU~'_. did..... "alii.. "'I A WeT orman eopold SWORN TO AND SUBSCRIBED _ _.... 7th.",rSe1>tpmhP""'9 "',..,nr..... I'lILARYS.FBNS'OOCK #iillli;, UVCOlAll.ISSION .D\l1l35047 ,,\ ~j EXl'1f\ES: 0ct0IJ1lI1UOO5 ~ '";/'i,,-~"'" ~Thnl~ar,-NlllDU1llllMt\!llt(S .liff,.... ~ P n\edN....olNotary It =-mitslon upIrIs: STATE oHLORIlA I COUNll OF IltA11l.oADE) " Debt me, Ihe lllodenl8l'1lld ~. petIOl\,.!tJ IfPI'I'd __.._lorllle___ondlllol.lsnoond.._ ... AI\io"'whoboil'lllRt bf...cIu~...m.dId_orolllrm !h.1 FF1AlIT SWORN TO AND SUBSCRIBED""" '" I!lIs _...,or .200_. PuIjIc_ofF1orid1A1l41ge MIld N...olllOt1ry '..,.;,silo.......' STATE Of flORIDA } COUNTY OF 1I1A1l1-DADE) 8eQ lIle, Ihe lIl\deI$IgM4 .vlkortly, penonaly _1Nd 1eIs"_~IIIIs_'lfor""pulpOS,,_j_ondl1.,,1s """00_ tile Mfilld,....boIog IRtbfmelluly._.dil...llor1lf1l1l11he1 AfFIANT SWORN TO ANa SUB&C_D llIfo.....lhIs _ elI,,1 200_. lIoIooyPoblc_ol_Al~ __of 1111", 11'_-......., STATEOfFLOfllllA ) COUNTY OF .....>D.IIlE) am..n......."'_OOIhcriy.__ __tNsA_Ilr..._.__........IsIalo.j""'""- ..._""'lloIagllllllY......,_IN........ll<o\lhol AFFWlT I>W_ TO AND SUBSCRIBE!) _11011I. _"" of 200.. _ry__oIF_lll.1lge Pm\ld Halleol NCllaly NJ~_lU: This lax was receilOld by GFI FAXmakerlax seMlr For more information. visit: hllp:/twww.gfi.com CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager J BY: Joanne Carr, AIC~ l~ Planning Director' \...:xt'V TO: City Commission DATE: August 18, 2004 SUBJECT: Request of Miami Beach Health Care Ltd. o/a Aventura Hospital and Medical Center for Sign Variance 20900 Biscayne Boulevard, Aventura (02-SV-04) September 7, 2004 City Commission Meeting Agenda Item 3 c..... RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for variance to permit a wall sign on the north elevation of the hospital building measuring 185 square feet where 171 square feet is permitted by Code, and 2. Approve the request for variance to permit a wall sign on the south building elevation measuring 276 square feet where 196 square feet is permitted by Code, upon the following conditions: i) that the wall sign on the east building elevation does not exceed 323.75 square feet, and ii) that the wall sign on the west building elevation does not exceed 320 square feet. THE REQUEST The applicant, Aventura Hospital and Medical Center, is requesting variance from Section 31-191(g)(9)(b) of the City Code to permit a wall sign on the north elevation of the hospital building measuring 185 square feet where 171 square feet is permitted by Code and to permit a wall sign on the south building elevation measuring 276 square feet where 196 square feet is permitted by Code. (See Exhibit #1 for Letter of Intent and Exhibit #2 for supplemental letter of intent) BACKGROUND OWNER OF PROPERTY Miami Beach Health Care Ltd. ola Aventura Hospital & Medical Center LOCATION OF PROPERTY 20900 Biscayne Boulevard (see Exhibit #3 for Location Map) LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west Y:z of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Public Records of Miami- Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura ZONING Subject property: Property to the North: Property to the South: Property to the East: Property to the West: MO, Medical Office District MO, Medical Office District B1, Neighborhood Business District B2, Community Business District MO, Medical Office District EXISTING LAND USE Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Hospital and Medical Center Public Storage Buildings Retail Plaza Retail Plaza, Funeral Home & Synagogue Medical Office FUTURE LAND USE - According to the City of Aventura Comorehensive Plan, the following properties are currently 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 the Aventura Hospital main campus located on the west side of Biscayne Boulevard, north of NE 209 Street. The Project - The Aventura Hospital and Medical Center is in the process of completing a renovation of the existing hospital building and a nine-story addition. A channel letter wall sign was permitted and is currently installed on the east elevation of the new building. The applicant desires to install channel letter wall signs on the west, north and south building elevations and has applied for variance to the City's Sign Code to allow wall signs exceeding the size allowed by Code for the north and south elevations. The wall sign erected on the east elevation measures 323.75 square feet. The sign proposed on the west elevation is 320 square feet, the sign proposed on the north elevation is 185 square feet and the sign proposed on the south elevation is 276 square feet. Color renderings of the proposed wall signs are attached as Exhibit #4. The request for a second "logo" wall sign on the south elevation has been withdrawn without prejudice by the applicant. Citizen Comments. The Community Development Department has not received any written or verbal citizen comments. ANALYSIS Community Development Department Analysis - Section 31-191(g)(9)(b) of the City Code allows one wall sign on each building elevation of the hospital with reverse channel or channel letters measuring one square foot for each lineal foot of elevation frontage. There is an existing channel letter wall sign on the east elevation of the building measuring 323.75 square feet. This size and type of sign complies with Section 31-191(g)(9)(b) of the Code. The applicant wishes to erect signage on the remaining building elevations in sizes designed to work proportionally with the building element on which it is proposed to be placed. The proposed sign on the west elevation will be smaller than the size allowed by Code, but the signs on the north and south elevations are proposed to be larger than permitted. The overall square footage of proposed wall signage, when taken as an aggregate, will be less than the size that would be permitted. The overall sign area permitted by Code based on total elevation frontage is 1289 square feet. The proposed overall sign area totals 1104.75 square feet. The City's Sign Code does not make allowance for an aggregation of sign areas on different building elevations. The one square foot per one lineal foot of building elevation is a maximum size. Variance approval is therefore required for signs measuring more than one square foot for each one lineal foot of building elevation. 3 The following is a summary of the permitted size and requested size of wall signs on each elevation of the hospital building. Sign Area Permitted By Code Sign Area Requested By Applicant North Elevation West Elevation East Elevation (existing) South Elevation 171 square feet 476 square feet 446 square feet 196 square feet 185 square feet 320 square feet 323.75 square feet 276 square feet Criteria The criteria for approval of Sign Variances set out in Section 31-1910)(8) of the City of Aventura Land Development Regulations is 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. This request does preserve or enhance the unique character of the City and is not in conflict with the basic intent and purpose of the ordinance. The signs are compatible with the surrounding land uses and will properly index the environment. The number of wall signs requested complies with the number of wall signs allowed by Code and will therefore not contribute to visual pollution. The size of the wall signs have been designed to fit proportionally within the building element on which they are proposed to be placed, which will enhance the physical appearance of the community. 4 RECEIVED RHON ERNEST.JONES CONSULTING ENGINEERS, INC. JUL 3 0 200~ CIVIL ENGINEERS . LAND PLANNERS COMML\\IITY ~LoPM€NT' TRI',NSPORTATlON PLANNERS . LANDSCAPE ARCHITECTS July 30, 2004 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Attn: Ms. Joanne Carr, Director of Planning EXHIBIT #1 02-SV -04 Re: AVENTURA HOSPITAL AND MEDICAL CENTER SIGN VARIANCE Our Job No. 99.1107 Dear Joanne, Please let this letter serve as our Letter of Intent for the referenced variance. Our understanding of the signage code for hospitals is that one sign is allowed per building elevation. with one square foot of sign area allowed per lineal foot of building elevation. The hospital is requesting a variance for 2 building signage conditions: 1. South Fac;ade Sign - This sign is part of the fac;ade renovation of the existing building that has been permitted and is under construction. The sign has been fabricated. Allowable sign area at this elevation is 196 sJ. The proposed sign area is 265 sJ. 2. Additional Building signage: The hospital requests the following additional building slgnage: North Elevation West Elevation South Elevation Allowable Area 171 sJ. 476 sJ 196 sJ. Requested Area 185 sJ. 320 sJ. 150 sJ. Remark "AVENTURA HOSPITAL" "AVENTURA HOSPITAL" Logo, In addition to sign in Item t noted above Signage has been installed at the east elevation as part of the original project. Allowable area at the east elevation is 446 sJ. Sign area installed Is 265 sJ, As you review this submittal, we respectfully request that the following points be considered: 1. The total area for exl~ng and proposed signage is 1oA5 sJ. The total building perimeter length is 1289 lin. ft. Taken as an aggregate, the signage area Is .80 sJ. per lineal foot. much less than 1 sJ. per building perimeter lineal frontage allowed by code. 2. Each sign Is sized to work proportionally with the building element on which It is placed. When viewed in context of the overall size (height and width) of the building, the signage is not In an way obtrusive and is proportionally In harmony with the scale and proportions of the building. These signs are actually much less obtrusive than many 12500 WEST ATLANTIC BOULEVARD . CORAL SPRINGS, FLORIDA 33071 . Tel: 954.344.9855 . Fax: 954.341.6961 Professional Engineer License: EB6451 www.reJce~ Landscape Architect Lic9nse: LC0000367 / AVENTURA HOSPITAL ki10 MEDICAL CENTER SIGN VARIANCE 7130/04 Page 2 other building signs in the area when sign area is considered as a proportion of the overall area of the fac;ade. 3. The hospital is an important public service building. It is critical that it be identifiable from major roadways. 4. The request for a logo sign, in addition to a text sign, on the South fac;ade is a reasonable request to reinforce the identity of the hospital when viewed from northbound traffic on Biscayne Boulevard, especially when viewed from the Ives Dairy Road overpass. By placing the text sign on the existing fac;ade (in the foreground), and the logo sign on the new tower (stepped back well in the background), the appearance of "sign clutter" that may be associated with the additional sign is avoided. 5. The use of individual letters, as opposed to a single targe "panel" sign, drastically reduces the impact of the signage area on the building fac;ade. Please do not hesitate to call with any questions, or if you require further information. Very Truly Yours ~r--7"-. Graham Emest-Jones Vice President Greenberg Traurig Clifford A. Schull~ (lo,l);7'l.0611 Dirt':l Fax: (30')96J-56IJ e:.MaiJ: $ChubntlJC@gUllw.coln Augus125,2OO4 VIA FACSIMILE: 305-466-3%77 Ms. lOaM Carr Planning Director City of Avcntura 19200 West Country Club Drive A ventura, Florida 33180 EXHIBIT #2 02-SV -04 Re: Aventura Hospital..d Medical Center Sign Variances Dear Ms. Carr: Please c:onsider this letter as our withdrawal of the teqLlested sign variance, wilbout prejudice, for that certain "logo" sign. All other requests for sign variances remain in effect. If you have any further questions, please call me at 305-579-0613. Thank you for your attention to this matter. Sincerely, ~~-.f~ r Clifford A. Schulman cc: Davide Catbone Graham Ernest Jones Greenberg 1'0""9, ~A. I AIIor...,.,.r low 11221 8nck_1 A""",,, I Miami, Fl331JI I lei 305.5190500 I F... :)()5.579 07171_.gIIo.,om ~.,._...,. ~-.~~.,~~,..... ~.........~ '.....~ ......... BROWARD COUNTY ..-.---.-. DADE COUNTY :1 :" :" ." :~ ." :" :. :" :" ." , :" :" :" ." ;. :" :' .. :. .. IVES DAIRY RD. . :1 :" :. :' :" :" :" :" .1 :. .. :1 :1 :. :" .. :- :. .. :- .1 :- :. .. :. :. '. :. .1 :. :. :. f. :" l kn '" 201 TEA. AVENTURA e\)lO. Fire I D Rucut! A~nlura Station Ubrary a: c m ::> -' o >- 0:. I- Z ::> o o Tur1l~rrv Isle Resort &;' Club () / L. ;.::: /~ ,.' j '-...._/ Al'entura Mall 192 ST. ~ :r: w x o :;:: 191 ST. 190 ST. well/nann's Foshioll ui Island :( '" '" 188 ST. MIAMI GARDENS DR. __~0 . . . . . . . . . . . . . . . . . .. . ......... -Ii . . . . . . . . . . . JJ Maule .. \ ~ r,.......: lAke . . . · · c::::::;;;;, ~ ~ ~_._~: . ~ \ \ (L.......... .E ~ ~:T} 02-SV-04 Dunifoundling Bay Uttlt Maule lAke r Q~ -~- , ci :; m Z i:i o o 192 ST. g lD Z ~ o 1 Atlantic Ocean LEGEND ~ Roadways . . . . . . City Boundary ZIP Code Boundary --.--.----. Railroad RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR MIAMI BEACH HEALTH CARE LTD OIA AVENTURA HOSPITAL AND MEDICAL CENTER LOCATED AT 20900 BISCAYNE BOULEVARD, TO PERMIT A WALL SIGN ON THE NORTH BUILDING ELEVATION MEASURING 185 SQUARE FEET, WHERE A WALL SIGN MEASURING 171 SQUARE FEET IS PERMITTED BY CODE AND TO PERMIT A WALL SIGN ON THE SOUTH BUILDING ELEVATION MEASURING 276 SQUARE FEET WHERE A WALL SIGN MEASURING 196 SQUARE FEET IS PERMITTED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned MO, Medical Office District, a non-residential district; and WHEREAS, the Applicant, Miami Beach Health Care Ltd., o/a Aventura Hospital and Medical Center, through Application No. 02-SV-04, has requested a sign variance permit a wall sign on the north elevation of the hospital building measuring 185 square feet where a wall sign measuring 171 square feet is permitted by Code and to permit a wall sign on the south building elevation measuring 276 square feet where a wall sign measuring 196 square feet is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2004- Page 2 Section 1. Application No. 02-SV-04 for Sign Variance, to permit a wall sign on the north elevation of the hospital building measuring 185 square feet where a wall sign measuring 171 square feet is permitted by Code and to permit a wall sign on the south building elevation measuring 276 square feet where a wall sign measuring 196 square feet is permitted by Code, on property legally described as: Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west Yo of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Public Records of Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura, aka 20900 Biscayne Boulevard is hereby granted upon the following conditions: 1. The wall sign on the west building elevation shall be no larger than 320 square feet. 2. The wall sign on the east building elevation shall be no larger than 323.75 square feet. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004- Page 3 PASSED AND ADOPTED this ih day of September, 2004. Jeffrey R. Perlow, Mayor ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2004. CITY CLERK 08-17-'04 12:32 FROM-REJCE 9543415961 T-702 P003/003 U-350 Pursuant 10 Section 31-71(b)(2)(i) of the Cily of Avenlura Land Development Code. this Applicant Represenlativs Affidavit is hereby made and SUDmllleQ'. Tne undersignecJ auttlonzecJ representative of the individual or entilY applying for the DeVelopment Permil, which is identified in the accompanying applicstior'l, 31'\d the owner of the property aubjecl to tha application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Developmenl Permit in connecUon with the ilDPlication. as follows: Name Relationship (i.e, Attorneys. Architeots. Landscape Arcnlfects, EngIneers. LObbyIsts. t!tc.) E. Graham Ernest Jones Civil Engineer/ Site Planners Norman Leopold Davide M. Carbone Attorney COB CEO Matt Harrell Architect Fortin, Leavy, Skiles, Inc., Surveyor (Attach Additional Sheets If Nece..ary) Dan Fortin NOTICE: AIf'f STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDlIIiDUAL OR ENTITY APPL VING 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)(211IV) OF THE CITY'S LAND DEVE~OPMENT 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. 117' A,l" 1).....+ I { Miami &each He<;ilthcare Groul? ................... WITNFSSMYHANnTHiS.J-ll-nAYOF~.200.:-r by Cohnnb~a Hosp~tal CorporatlOI}.:-:-:-:.:-;.;.;. of Miami Beach its general partner ~....... ........... AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER ' ::':' :':':':':':: C7 ,>--.- ~ ,/ .Q'//p::'., ... ...... By: ~ *' By: ~ ".~~ -:.>:-.-:.:-:<':~ (SianafllfA) (SiynafllfAJ:- :- :- :- : -: -: . :- :- : Name: ~..,.~ ~Iw\.eoJ"'''' ~'"!> Name: Howara. K. Patterson . . . . . . . . . (Print) (Print) IIUe: V/t-fr PM-1,()6'Vf"' Hue: Vice President Address; 1'2. (80 /oJ .l'l-7)..A,..n,- ,,(/AI}tJ Address: One Park Plaza Nashville, TN rt . n '() 1/ Attn: Rei'll F.st1'lte T'lP.pt. ~5~s STATE oF7L~~-e"'1 ~c:... COUNTY OF MIAMI eMl[) ~o..\)\C':>Df\ Before me the undersigned authority personally appeared _Howard K. Patlerson_ as !he authorized represenlaUve of the ApRII,a~t. . . . . and/or the owner of the property subject to the application. who being first by me duly s~worn did swear or affirm that he/she execiJlecl-thi$': .:.: .: . Affidavit ror Ihe purposes Slated therein and that it is \rue and correct. '// /;) +7'-:~ ::~:::;. ':::::::::: eLL~--..:. ~ . . . . . +~ AFFIANT' '.. ... ..... SWORN TO AND SUBSCRIBED BEFORE ME thiJ2. day of Au qll"'+ . 200_tf ::;::::.:::::::::: ~ ~~oQx-\ UJ. c.\)(J~ .......:.:.:.:.:.: ..~ ....... NulilryPUbli~SllIltlurFltltid!lAll.algtl r V l....NOTArrr.... lS Printed Name of Notary ~('\~ I,). '"C'lOr--- :: . PU L C.: My commiSSion eXlllres: :: 81 :-1 ~o. AT . .- i'Ze.. LARGE ~. i ~~_. . $- ~.:ir. -. . 5 'I;. OA.....~~.., ",,;r COUl'.\",~ Ilttll"nu"\\ My Commission Expires May 28. 2006 Received 08-17-04 11 ;28am Fram-9543415961 Ta-HCA HEALTHCARE CO RE Pale 003 20-07-'04 03:35 FROM-REJCE 9543415961 T-431 P013/015 U-846 m. Affidavit i. mado purcu.n! to Section ~1-71(b)(2)(ii) of tho CUy,. Avnnluta Land Development Code. The undersigned Affiant hereby discloses that: Im^1I< wilh~f. :~g1iC.::i::~::o:) have a BUSiness RelllliulI.hlp wllh any member of th. Cily Commloolon or OIly City Advisory Board In which r- the opplicalion will bo p"",.nled. 112. Affiant herebi disclosll8 that it does hilVe a Business Relationship WIIh a member of \he City COlllllli..lu" u( a City Advi~ry Board to whiCh \he appliCatiOn will be prosollllltJ, os follow&; (Ust name of Commissioner or Advisory Board Memb.r) Who sOlVes on Ihe (Uet Cily Commission or Cny Advisory ~oal\l upon whiCh mern"'" ...vo.). Tho naluro of the Bu.in... ReI.lionship Is .. follnw.: [II. Member of City Comml"ion 01 Board holds an owne,,"ip Inlaresl in excess or '1 % of lutill ..""\& or capilol stock of Appllcanl 01 Rl:lvn:R5enlaUvej [1 ii. Member of .Cily Commission or Board is . partner, co-shareholder (as 10 shares of a corporation which are not Iisled on any national or regional stuck exchange) or JOint venlUrer wnn tile AppliClllI1 ur Rop,....nl.llve In any business Yenlult, 11 iii. The Applicant or Representative is . Client of a member of Ihe CIIy Commission or Board or a Client of another professional working rrom the same office or lor [he same employer as lhe IIlWnWI ur the Cily Commission ot BUilltJ; I] iv. "Cily Commi"ioner or Board member is a Clienl of the Applicant or RepresentaUve; [I v. Th. Applloant or Rcpresenletlve ia . Cuelomor of the m...ber of the City Commi..inn or Board (or of his or her nmnloYR~ and transacts more than $10,000.00 of the business ollhe member of the City CommlS8ion or Board (or his or her employer) in a given calendar year, The member of \he Oity Commleeion or Board i. . Cu.lomer of the Annli""nl nr Representative and transacts mmA Ihan 525.000.00 of the business of the Applicant or RepriSenlative in a given calendar year. WiTNESS MY HAND THI~1,AY OF ':'\ \ \ \ ~ J ,200!. I \ -, [1 vi. .....-............ ........... . .....,.. . ;:;;(:::::::. . . ...... ......... -.......-. ......... :::=::::::::=;::: ......... . APP~IC^NT: By: ~. If."~~_____ ~Sign.!ure) ~I~~e: m~.; ~~. rJ.~~'f;. ~~) WiTNESS MY HAND THI~ ~Y OF J l) \ Y 200}f rr\OreR~TVOWNER: Miami Beach Healthcare Group, Ltd. by: ~~. Beach, its general partner By: I ________ (Signoture) Name: Howard K. a erson (P,j"l) Tille: Vice President (Prin') Col1.ID1bia Hospital Cor=ration "The terms 'Business Re/alionship: 'Client: 'Customer,' 'Applicant: 'Representative" ana "/nrerestaa Person' are rt.!iflBd in Section 2.395 of Ihe Aventura City Code. Received 07-21-04 02:27pm From-9543415961 To-HCA HEALTHCARE CO RE Paae 013 20-07-'04 03:35 FROM-REJCE 9543415961 T-431 P014/015 U-846 WITNESS MY HAND THIS _ DAY OF , 200_. REPRESENTATIVE: (Lisled on !:luslne55 Relationship Atndavlt) B~i,~~~~~t~w~'Ej'gn ~f'\:u~:}~{{ { Oy: (Sign.ture) By: ~ /(~---(signature .:-',' ..,..'...'.:: Name: (Print) (!'nilt) Name:Howard K. Patterscfl'Wnt) TlUe: Vice President (PrinQ Tme: By: ,,__(Signatul9) (Print) (Print) By: (Signature (Pllnr) (Prinl) Name: Name: Title: Tille: By: (Signalul9) (Print) (Print) (Signature) (Print) (Print) By: (Signature (Print) Name: Name; Title: TiUe: (Print) By: By: (Signature TiUe: Title: (Print) (Print) TiIlA: TiUe: !:lY: (Signature) (Print) By: (Signature TiUe: TiUe: (Print) (Print) TiUe: (Print) TiUe: By: (SiyIl811J1l1) Oy: (Sign.lu", Title: (Print) TiUe: (Print) (Print) TiUe: (Print) Tille: NOTE: 1) UOg duplicate sheets if diacloslIre informalion for Representative varies :2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 l{b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that priur W ,ull.id",'ation of the applicatiOn by the City Board ur Cmwl.Ii..iulI, Ure illfOlmation provided in the Affidovit become. incorrect or incom.pleto. Received 07-21-04 02:27pm From-85434158S1 To-HCA HEALTHCARE CO RE Paae 014 ...... .~........... .... ... ..... . . .. . .. . . . . .. .............. I ....... -.....- ........ I...... ,......... . . - - - - -' 2~-~7-'~4 ~3:35 FROM-REJCE 9543415961 T-431 P~15/~15 U-846 STATE OF FLORIDA ) CQUNlY OF MIAMI O^OE) N9T ARIZATION PROVISION t\Ov.:xJ..l"d ~. ~a.Y\ 't.\"~ol') Belon! me. the umlersigned aullloli~. P8l1lHl81~ appeare<l 1110 A~....~ who being r,"'l by me duly .....m. did swear M.flinn th.1 hcJ.hee,eculcd ihi$Mfidsvllforlh. PUIJlO....lallldth.r.in.n~~dCOrruc\. ~ ~ ~tv.N W. C1~?;\ JL. ~ ~..~eo.. .....go AFFIANT ;:. m.~ ... Q . ill' SWORN TO AND ~U~~(;KI~t:U Il8lOreflh~ U. :0. i~~ AT : -.. \-a.. LA~ _.~i iIl!.. .~:i '~4'Co'~ ~.t l""HJlH'~ ~ry\UblieSlalef~'A"~. -e.f\l\e~.sec: 'l" ~ l\ IA. 00 Plinled Name of Nola'Y ~ My comml..ion .'Pi.... ('0,0.~ ~ ~ I a Cil ..,.....,........... ....:.:.:-:.:-:--:.:.' 0"*:':':'::":': .:.. -.'. .... ::~:::::~:~:~:~:~:: "I .. . . .. . . .. . ..... -. -... STATE OF FLORIDA ) CUUN 11 Of MIAMI-DADE) Befo.. me, lIIe undersigned au1holi~. personally appeared he/she e"ijwle4J Ulb AffilJavit far the PUrpOS6S alDled thcroln ~nd thal it is wo and correct. me Aman~ wno being firsl by nPe dulJ ~wam. did awsor or nflinn th3t A~FIANT SWORN TO AND SUBSCRIBED before me \hili _ day 01 .200_. HulaI")' Public; GtlJlte Or r-klricIa At l.argo Plinled Name of NolllIY My commlcGlon oxpir9&: STATE OF flORIDA ) COUNTY OF MIAMI-lJAut:1 Before me. Ille undersigned au1horl~. pe"iOnal~ eppeared he/she executBd 'Uus AffJcl3\'Il rorthe PUIJlOSl$ti &\l!I~ Uu::l\lin and thEIIl it i:J Wet and correal. the ^tnan~ wno Del" 'lllIt by me duly ;:wrolll. tJid swear or affinn that Af:'J::IANT SWORN TO AND SUBSCRIBEO befo.. m.lh~ _ day or .200_. NOlilry PulJlil; sr... of Fiorillo At ~.rg. Printed Name or NolaIy My wmllMion cxpil'C$; STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me. \he undersigned aulhOrity, pe..onal~ appeared helshe elecuted Ih~ Affidavit 10rlllO PUfllll!le& slama lllereln ;md 0'01 II " ~ u. and amooI. ihe Affiant. who being fil$\ by me du~ swom. did -'" or amnn U'o\ AFFI^NT SWORN TO AND SUBSCRIBED before mothis _ day 01 ,200-, Notery PubliC ~late or rlonoa At Large Printed Name of Nolilry My commiSSIOn Ollpl"" 14 Received 07-21-04 02:27am From-9543415961 To-HCA HEALTHCARE CO RE Pail 015 Tllis Affidavit is made pursuant to Section 31-71(b)(2)(ii) of tile City of Aventura Land Development Code TIle undersigned Affiant hereby discloses tllat: (mark with "x" applicable portions only) W Affiant does not have a Business Relationsllip witll any member of tile City Commission or any City Advisory Board to wllicll tile 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 tile Business Relationship is as follows: [] I. Member ot 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 $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 2.'1 DAY OF .J..,L-'\ ,20O'j APPLICANT ~-J'-. By: Name: Title: l:-'.t;.l:''''~i''''~ 11,....- /1,,-<-'$/11_ (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) 'The terms "Business Relationship." "Client," "Customer," "Applicant," "Representative" and "Interested Person" are denned in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 2.,,\ DAY OF ..j\)U-i , 20t6. REPRESENTATIVE: (Listed on Business Relationship Affidavit) By L~'\--"""~ (Signature) By (Signature Name: p. t; .(:~"- ~ (Print) Name: (Print) Title: lI~cI (Print) Title (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title (Print) By (Signature) By: (Signature Name: (Print) Name: (Print) Title: (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: (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. 3 1-7 I (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 e.~pt::~r.~ he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that L~-'v--.J-... AFFIANT SWORN TO AND SUBSCRIBED before me thIS 1. J day of f: T~f 200:1 <,,~~~~t~/,/ an~y.. t ::,0 ""i\ '6:~ Com!!,lsslon #DD234592 """ ~ '0 Expires: lul23, 2007 ~',~'i'" 'ciR,,~ Bonded Thru " OFf\:,\' '1"1'\ Atlantic Bonding Co., Inc. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being fll'5t by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me thIS _ day of ,20L 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWDRN TO AND SUBSCRIBED before me fhls _ day of ,200_. 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, pernonally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me tI1lS _ day of ,200_. Notary Public State of Florida At large Printed Name of Notary My commission expires: 14 L! ~I .: 1tIL., l..l 1. ..JlJ O.......~.t. ,J~ ... ....J__.1 This Affidavit is made pursuant to Section 3'.71(b)(2)(ii} do the Cily of Aventura land Development Code. The undersigned Affiant hereby disclo$89 thai: (marl< W(9ith 'r: Ilcable portions only) . Affiant does not have a Business Relalionshlp with any member of the City Commission or any City Advisory Boar<! 10 which the application will be presented. ( J 2. Affiant hereby discloses that it does have a Business Relalionshlp with a member of the City Commission or a City Advisory Board to which the application will be presented, as follOW$: (List name of Commissioner or Advisory Board Mamber) who sefV8S on tha (Ust Cily Cammissioo 01 City Advisory Board upon which member seMIS). The nature of the Business Relationship Is as follows: I] i. Member of Cily Commission or Boar<! holds an ownership interest in excess of 1 % of IOtal assets or capital stock 01 Applicant or Representative; ()II. Member of Cily COmmission or Board is a partner, ",,"shareholder (as to shares of a corporation which are not iisted on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venture; [I iii. The Applicant 0< Represantative is a Client of a member of tl1e City Commission or Board or a Client of another professional WOlking from the same office or fOl the same employer as the member of the Cily Commission or Board; [J iv. A Cily Cammissionar or Board member is a Client of the Applicant or Representativa; [] v. The Applicanl or Representative is a Customer do the member do the City Commission or Board (Of do h~ or her employer) and transacts more than $10.000.00 of the business of the member of the CiIy COmmissioo or Board (or his or her employe~ in a given calendar year, The member of the City Commission or Board is a Customer do the Applicant Of Representative and transacts more than $25.000.00 of the busineu do the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS..J 5J'f DAY OF y,dy ,200j APPdlCA : (; By: O~~ Name: '.-'h 0). ("'.' hen <'. Title: (';.::() (I vi. WITNESS MY HAND THIS _ DAY OF PROPERTY OWNER .200_. ':ii{'; ..... """" :.:.... -.:.:.:. .............'.... :::::=:::=:=:=:: (Signature) (Print) (Print) (Sign",ure) (Print) (Print) By: Name: Title:e 'The tanns 'Bus;ness Relationship: 'Client: "Customer.' 'Applicant: "Rep""'.ntative' and 'Interested Person' 819 denned in Section 2-395 of the Avantura City Code. l..( ~I ;: ~L.., L..L.. t UVIJ J ~.t.JL-..... ::;1......._ ...J...J;JUJ. 1 ;".. l ILJ......, _":':..1 _ ~. _ CiA WliNESS MY HAND THIS Y j DAY OF .--- it, (1 / 2001 By: IgnaJure) Name: ,Jt( li.',/, III t~/:>t"'/Print) TiDe: (l;: () (Print) By: (Signature .......1'....... .. .............. .. ................. .. .............. " ................ .. ............... .. ................. .. .. .o" ......... ...... .o......... on Business Relationship Affidavit) Name; (Print) (Print) .... ........... .o.... "........ ........ ...." ".... ................ .. .o....".......... " .............. " ........"."".. . " "''"...''0'"''"-"-'' Tille: By: (Signature) By: (Signature Name: (Print) Name: (Print) (Print) Tme: (Print) Title: By: (Signature) By: (Signature Name: (Print) (Print) Name; (Print) (Print) Title: Title: Title: (Print) (Print) Title: (Signafuf9 (Print) (Print) By: (Signature) By; Tille: Title: By: (Signature) By: (Signature Tille: (Print) (Print) (Signature) (Print) (Print) Title: (Print) (Print) Title; Title: By: By: (Signature Title: Title: (Print) Title; Title: (Print) NOTE: 1) Use duplicate sheets if disclo8ure information for Representative varie8 2) Applicants and Affianu are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 I (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. Lt-IJI 1J4. ldL.. L.I.... r,)VI.I _Jl..ot. ::;"....-.. ..J.:..J...!l.JJ. , ~, STATE Of FLORIDA ) COUNTY Of MJAMI-IlADE) Ilefonl mo. the UIlClersigned autnoriIy, pe"""al~ appeared do, ,; ef, IX t,. t',,"lhe Affiant who being firsl by me du~ sworn. did swear or allirm lhat he/Ihe oxecuted "is Alfidavit !llr tho PlI'1lO506 stated therein and !hat ~ ~ true and COlIllCl \"""''''''''11. ,j) d../;(/..t /J/. Gjrb~'nt', ~~"'\\ Sf>. L. C41;('III,. AFFIANT ~ ....... ~~ SWORNTOANDSUBSCRIBeObefommeth:" :~!S,IOI{' .~:. OIL':! .. /' , ... c ~*{.s ~..._w ~\*~ ~...?/L-i'Lt:')/--L{~tCL(': ~ : :""~ ~PublIcSlaIeOfFIo~tla'lle '-;'0. #00316858 .~~ . (f~.St:c./.. (~in.(J () ~",'.", ,..,;...g:~ - - -- ~""~..;r.t~~~.~;..s~ PrintedNameofNotalY "j I ~Y,o;p.~.Ic...~...(:J(;"~ My commission expires: .? 1/(:! '1"1 d/I!;: ~~ ->' """"illlll\l\" NOTARIZATION PROVISION . -....... ~ . . . . . . . 6 ...........6..~... . 6 . . ~ . . . . .... .... .. - ..... ... ..... ... ... -:-:-:.~ :-:<<< .. . . . . ~ . . . .~. .... ~.. ~....~~.' ....... . . . . ~ . . . a . STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) -. mo. ... .menliQned au1horily. petSQI1aIly appeared hO/&tIt eucuIed 1his AIlldavit for Ih8 put1lOS8S ofaled Ihenlin and IhIIt tt is true and collOGl. the A!foam, who being ~"'( by me duly owom. did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me Ihis _ day of 200_. Notal'! Public Stale of Florida Allallle Printed Name of Notary My commlsaion expi...: STAle OF flORIDA ) COUNTY OF MIAMI-llADE) IlefonI me. the undODigned ~. personal~ appeared -.. eucuIed IIiI AlIIdavit lor II1e PlI_ alated the"" and IhIIt tt is true and correol. the Alliont who being first by me du~ sworn, did swear or oftirm Illat I\FFIANT SWORN TO AND SUBSCRIBED bofore me Ih~ _ day of 200_. Notel'! Public Stale of ~Iorida At Lallie Prinied Name of Notary My commis&lon expi.... STATEOFFlORlOA ) COUNTY OF MlAMI-IlADE) Be"'"' me. the undersigned authorlly. polllOnol~ appeared hoIot1e ~... Affidavit for the pu_ Slatod therein ond thet il ~ true ond to.ect. the Alliant, who being fi",( by me duly SVIOIIl. did sweat 01 affirm thai I\FFIANT SWORN TO AND SUBSCRIBED before me Ih~ _ day of .200_. NOIaJy Public State of Florida AI La'lle Printed Name of Notery My comnusslon expires: 14 28-07-'04 20:53 FROM-REJCE iii ~f'\' i ~ ,. ~!. ~ H I ~ Ii i ~. l l~ "<l ~ ~ .. l ~~I l ". ~ t I~ ~ ~ l ;/ i .. ~ m ~ ~ ~. " l!I!(-W '''1' .... .... ..... i:;!!!f! ~i;ii.ii ~ """1 s; ~ ~ i!;l "i;l > CIl iiI - liiiI III C IN il "=f 9 ~!.. 1~- i ~ !lit i~i : rii U! !_ f: Ui g' ;-~~ if ~; i-~Ii :i" H ~Bf Ii' ~ ~;. ~Q,:a I...t ii PI' ... f G. i ~ ~ 3 2' II n ~ Q, 9..5l Ii !1f If, i ';1 i~ 1 ~.~ a It iii> ~R ~ U ~:; ..I all' !lilt =t'1I . @.... a. ... :r ~7 i3 I,=- lit 'i5'"ii 9543415961 .. ll'~ if "t~ ;':!l ~! Ii h 1- H "o. if- ..a -J p- " "If .a" j~ 'i lfl ii- l{" "I ii'_ 11= ii .." ~I ~ ii' i :: I!I gi ,. ;... 1.. t, ~H H i Hili- i.~ J9 ! ii i ~ ~- i ~ ~i . ii ; is ~ ...t .go oil- f u . =t:"i" I H ; ~~ ~ .!l "- II ! .il 1 H ~ T-520 P004/006 U-021 'Pi ,., .!I! ~.. '.n p .1 ~~ ~. .h: I)' 11 ~! h . a~ 41 .... -~ ~vn r~a -~ ~> ~t n H ~. 5" = -a It i 3. U ~Ii ll" fg:: ~;;r- :;!.a :ii il~ ~ if if - ~i I:~ ~ If il':el P f ; .i~ ~ ~ .i ~ .. ctii ~ ~ iif - · H i ~ ~ ! ! 8. ~ or ~ i t 1 a ~ i. ~ !;if 9 ~ .. I. . . . " ~ ~ ! if . ~ " ., !;! i " & ~ i 1 it; II J ~ i! ~ " 28-07-'04 20:54 FROM-REJCE 9543415961 T-520 P005/006 U-021 ~ ;;! '" .!l' .. .. .'l! .. ;: !!! ~ z .!l' ~ f .!l' =I I !!1 ~ :f '" Ii' .. ~ Ii' I ffi " .. m I w w r f'" ~ ~ ';; l ;{ i l ~ i€~ i '" ".I .". ;> " i '" ~i~ ~ h I. 9 ~ r go ~ j; I ~ i f ] 1 ~ i i I ~ ~f.[ t j; ~ .. .e; I A = I 0' '" .! .! ~ i .~ . i ! ~ .. 0 . ;: _8 ..[ .. S' ~ ' It It~ . tgt i ~ ~ m ~ ~ .. =' ;;! ~ =I f .. iiI z '" =I Z S? '" iil' - " ~ - " Ii; I\' "" ~ if I ~ il'.ji . . " IJ,:.. ! 5'~ i If h~ . 1<. ~ ~l ~. .- Il'!i'll > . I'll... ~ a ., i ~ ~ i I i f ... ~ (H i ~ j; ~. - = A I f:= !i i i s. '8' ~ .JS "'~ UIU - ".- Q . >1, .......,::. 28-07-'04 20:54 FROM-REJCE :;;: ,,~ j 1! ~ i ~ . ~ fl' s~ ~ if ':; I i ~ g ~ ~ i J ~ ~ i ! ,. .. ,~ .. ~ it !!a t ~~ I.. ~~ ;s ~Sl 1;; A~ h - i.:. "I h ~~ 1[' il ~i " . . . . f i "" ~ j ~ !l il ~ ! . . " " !l. . , ~ .l!'i ! If ~ ,. I ti I " 5 ; ~ I!l " J ~ I:' I ! l " I":' it ~ ~ l !!~ t ~m II ~; h I~ Ii ii i! Ii .~ it ;1< I ~ S . f II . ~ j : " i ~ ! ~ I . . . , & $" J It , % .. .1 ~ ',. j U ~ I I 9543415961 I a > l!i ~ PI i ~ . . ~ i t l ~ ~ ~ I I~ l ~\l il ~~ r Ii; >f ~ lli' .!il_ Iri f8 H "i L U ~~ tl wi. if 1 5 . T-520 P006/006 U-021 ~~ ~l. it ~a . ~~ .+Or h ji '.~ If '1 ~i 1:c- ill ~ !il; h ~ ~ i~ " ~ h J, ! ~! \" (. i" .~ z !~ ~ ii.~ ~ IT i ~ ~ f ! ~ " ~. i: !l I i J i i 9 & '" . ~ ~ . ~ . J ~ t- o ~ 08-17-'04 11:55 FROM-REJCE 9543415961 T-700 P002!004 U-348 This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of Ihe City of Aventu", Land Development Code. Th. und.rsigned Affiant hereby disclos.. thai: (mark wilt-! ~x' ?lpplicable poJ1ions only) ~1. Affiant does not have a Business Relationship with any mBmbBr of Ih. Cily Commission or any City Advisory Board to which the applicatioo wili be presented_ ( 12. Affianl herBby disclosBS that it does have a BusinBSS Relationship wilh a m.mber of Ih. City COmmission or a Cily Advisory Board to which Ihe applicalioo will be presented. as foliows: (List "am8 of Commissioner or Advisory 8Qard MBmbB~ who serves on the (USI City Commission or City Advisory Board upon which member serves), ThB nalure of the BusinBss Relationship is as follows: [1 i. Member of City Commission or Board holds an ownership interest in excess of 1"10 of total assets or capital slock of Applicant or Reprcsenli:1tivc; (J ii, Member of City Commission or Board is a partner. co-sharellolder (as to shar.. of a corporation which are not listed on any natiooal or regiooal slock exchange) or joint venlurer with the Applicant or Represenlalive in any business venture: [] iii. The Applicant of Represenlative is a Client of a member 01 the City Commission or Board or a Client of anolher prOfessional working from lhe same office or for the same employer as the member of (he City Commission or Board; [I iv, A City Commissioner or Board member is a Client of Ih. Applicant or Representativ.; I) v. The Applicanl Or Representalive is a Customer of lhe member of the City Commission or Board (or of his or her employer) and transacls more than $10.000_00 of Ih. busine.. of Ih. member of the City Commission or Board (or his or her employer) in a given calendar year; Tho member of tho City Commission Or Board is a Cu.tomer of lhe Applicant or Representative and transact. more than $25,000,00 01 the business of lhe Applicant or Representative in a given calBndar year WITNESS MY HAND THIS nn'DAYOF Auc.usr .2004-, APPLlCANT:~~~~ ................_. By: DANtE L e...... Fo.e."i\J s;.., (Signature) ::~::::.:-:.::: Name: fDL'T'UJ L/LAVv SJ::,u~" J~C(Print) :-'.' ....--....<: Titl.: VIr.:- ~Ii.Sr(t:>9J'" (Prinf) '.. ..... _'. WITNESS MY HAND THIS -!13AY OF Au~C/sr ,200d}:::: > > > [) vi z:cn m- .1:) mZ PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: "The terms 'Business Relationship,' 'Client,' 'Customer,' 'Applicant,' "Representative" and "Interes/ed Person" are deffned in Section 2-395 of the Avontum Cj/y Cod._ 08-17-'04 11:55 FROM-REJCE 9543415961 T-700 P003!004 U-348 WITNESS MY HAND THIS JJ!DAY OF AUGt(~ , 200_4-- ATIVE: (Listed on Bus' Relationship Affidavit) 8y . ~(Signature):::::~:::::::::<:: B~ .pAAJllU.- C' ~ S~. :.~:-:.;.:-:-:.-vw Name: FO}''f'iJli;A''rSK"''''''' (Print) .:: :::::::: Nil- Titl.: J1 elL P~Il>Evr(Print) :::::::.::;:;:::::;: rm2 ......... . (Signature (Print) ...,..... . - -........ (Signature) By: (Print) Name: (Print) Tille: (Signature) By: (Print) Name: (Print) Title: (Signature) By: (Print) Tille: (PrinQ Tille: (Signature) By; (Print) Title: (Print) TiUe: (SlgnatuTl3) By: (Print) Tille; (Print) Tille: (Print) NOTE: 1) Use duplicate sheets If dlsclosur. information for Representative varie. 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 7 I (b)(2)(iv) of the City's Land Development R.egulations jll the City Code, in the eVem that prior to consideration or the application by the City Board or Commission, the information provided in the Affidavit beoomes inoorrect or incomplete. 08-17-'04 11:55 FROM-REJCE 9543415961 T-700 P004/004 U-348 STATE OF FLORIDA ) COUNTY OF MIAMI'DADE) $~. il<lfolB mo, tho undalS~nod .uthori~, persoI1al~ appeared )AwfEL C. ~,P the Affiant who being nISI by me du~ swom, d~ swoar or affinn lhal holshe execullld Ih~ Allidavit for the purposes ,Ioled lherein and that it~ true and 00"""', ~ LX--. ....:.::::::.::..::..:.,........ '. '. . (~ ~..""'..'.:"'" SWORNTOANDSUBSCRIBEDbororamoth~11.-dayof Al/bUS.'t" 1004-/ . ::.::.::<:..~\..:~,. "'"" SUSANP,KAY . ..' ,.' ..... ....S .~~ MY COMMISSION # DD307184 "" .... ....... -a ~ EXPIRE<;, April 06, 2008 . ". " " ... ~ 1-S~3~mARY FL NoWyDiSCO\lllfAssoc.Q,. Printed Name of Nolary 4IIIIIIIIi" My commission expires; NOT~RIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI,OADE) Before mo, the undersigned authQrity, pe~onillly appeared heJshl;t $l(Q(;Uted this Affidavit for the purposes slalBd therein and thal it is true and eDITed. the Affianl who being fir-lt by me duly sworn, did sWear or affil1n thai AFFIANT SWORN TO AND SUBSCRIBED bOfo" malhis _ d.y 01 ,100__ Notary Public SlatR of Florida AI Large Printed Name of Notary My (XImmission expires: STATE OF FLORIDA ) COUNTY OF MIAMI'DADE) Befont fM, the und8fSigned authority, personaUy appeared helshe executed this ArJidavil (Dr the purposes stated therein and lhat il is true and corract. the AffianL who being lirsl by me duly sworn, did swear or arfirm that AFFIANT SWORN TO AND SUBSCRIBED belore me 1I1~ _ day Of .200~ NOlary Publill Slala of FloOd. AI Largo Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI. DADE) Before ma, the Und8F$ign9d authority, pQfSOnally appeared heJsn8 Q~utsd this Affidavit fer the purposes stated therein and that it is true anti ocrreot lhe Affiant. who being flrsl by me dulY sworn, did sweat or amrm that AFFIANT SWORN TO AND SUBSCRIBED before melhi. _ day of ,200_. Notary Public Slate of Flolida At Large Plinted Name of Notary My oommt5liion eXpires; 14 o i-O 1-04 03:24pm FrDm-HCA HEALTHCARE CO REALE STATE DEPT 615344213T T-308 P,002/002 F-6T3 . APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to sectjDn 31-71 (b){2){i) of !he City of Avonlul1l Land Development Code, lh1s Applicant ReplWltltaUve Allidav. is hereby rnede end submit!lld, The undllrsigned 8Utl1orized ~_1aliv9 of 1he inllviljual or enlity applying forth. OllveIopment Pennl1, v.l\1CIl isldenafied in lhe acoompanylng ;Wicallon, and !he owner of the I"wertY sulljBCt to the applical!on r~ diffftnt) herelly Hils lI1d idenlilies alll/ISOIlS IlIpmentinJ the Individual or entity applying fer the lleveIopment Petmit in connection with Ihe appbtion, as 1oI1aw. Name E.Graham Ernest-Jones Cliff Schulman ~el8tionshlp (i.o, AIIllmeys, ArcIliltCtS. undsalpe An:hHecls, E~ Lobbyim. Etc.) Civil Engineer I Site Planner Attorney Attorney COB CEO Architect Nonnan Leopold Davide M. Carbone Matt Harrell Dan Fortin Surveyor (Aitach Addi1ional Sheets W NecessBI)') NOTICE: JJ/Y STATEIIENT OR IW'RESENTATION llADE BY JJ/Y PERSON USTEDONllIEAPPI.ICAIIT REPRESEHTATlVEAFfIlAVIT SHALL BE BIlDIIIG UPON THE DlDlVlllUAL OR I!KTITY APPLYING FOR 'IllE DEVELDPIIEHT PERMIT AHD 'IllE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIAKTll ARE ADVISED TO TIMfL Y SUPl'LEMENT THIS AFFIDAVIT PURSUANT TO SEC, 3\071(B)(2)(1V) OF THE ClTY'S LAND OEVl:LDPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIllERATlON OF TIlE APPLICATION BY THE CITY BOARD OR COIlMlSSlON, llIE lNFllRIIATION PROVIDED IN 'Ill!! AFF1bAVIT BECOJlES INCORRECT OR IlCOIlPl.ETE. WITNESS MY HAND THIS.w DAY OF 6~~ '0 ~ 200 If M1alI1II1each Healthcare GIllup . by Columbia Iloopilll CO<pC>l8Iian of AU1l-lORIZED REPRESENTATIve OF APPLICANT; OWNER 1liaml1leacII, its uOIIttal partner By: C4,c-""-- ",i\.-. . 8y: ~ Kt;d:-<<.... ~~~~ ~~~ Name: E. Gtaham Emest-Jones Name: Howard K. PaIIerson (Print) (Print) TlUe: Vice Presid""t Title: VIce President Address: 12500 W. A1Ian~o Blvd, Coral Springs, FI. 33071 STATE OF TENNESSEE ) COUNTY OF DA VlDSON ) Addresa; OI1e Parle P\aza Na:slJviUe, TN Attn. Real Estlte Oept Befor. m. the undersigned authority personally appeared Howard K. Pl1:t8l1On as the authorized represenlalivl! of the ApprlCllnt andlur the owner of the PfOllett}' subject to the applicallon. who being first by me duly BWorn. did, swear ~ JPJI he1sh. execuled tl1is Affidavit fur the P\IPOS<lS staled therein ancIlIlat It Is we .nd oorrect /J..r..,.JI al't:J:t--. + AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this !?day Of~ 2OO!f A" w.c::-:.~~~ U\' C.nD'h, I"~........ .:-: tmy Public Stale ofReIWIIAtLarge\''Cf\ne.s5 c N\ni ~ ~i .. NOTARY".", 'PrintedNameofNolary~~\..n. h',~ooK My commlssiOll expires: U Cl) ," : PUB UC ~ S \ <C . . .. eO~ AT : "; ~~. ~c 1,~"'~" LARGE ..-iti- .. ....?". ~.....~~ .. COU~ " "'."....,"" BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31,71{b){2){ii) of Ihe Cily of Avenlura Land Development Code. The undersigned Affianl hereby discloses that (mark wilh "x" applicable portions only) Ix J 1. Affianl does nol have a Business Relationship wilh any member ot Ihe Cily Commission or any City Advisory Board 10 which the application will be presented, I J 2. Affiant hereby discloses Ihat it does have a Business Relationship with a member of the City Commission or a Cily Advisory Board 10 which the applicalion will be presented, as follows: (Lisl name ot Commissioner or Advisory Board Member) who serves on Ihe (Lisl City Commission or Cily Advisory Board upon which member serves), The nalure ot the Business Relationship is as tollows: I J i. Member of City Commission or Board holds an ownership interesl in excess of 1 % of lolal assets or capilal stock of Applicant or Representalive; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not Iisled on any national or regional stock exchange) or joint venturer with the Applicant or Represenlalive in any business venture; [1 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 Ihe same office or for Ihe same employer as the member of Ihe City Commission or Board; I J iv, A City Commissioner or Board member is a Clienl of Ihe Applicanl or Representative; I] v. The Applicant or Represenlalive is a Customer of Ihe member of the Cily Commission or Board (or of his or her employer) and Iransacls more than $10,000,00 of Ihe business of Ihe member of Ihe Cily 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 Ihan $25,000,00 ot Ihe business of Ihe Applicant or Representative in a given calendar year. WITNESS MY HAND THIS _ DAY OF _August ,2004. APPLICANT: By: Name: Title: WITNESS MY HAND THIS (Signature) (Print) (Print) DAY OF ,200_, PROPERTY OWNER: By: Name: Tille: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura Cay Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, Ihe unders~ned aUlhortty, personally appeared _Clifford A. Schulman swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true an correct. lho Affiant, who being firsl by me duly swam, d~ x ~j AFFIT SWORN TO AND SUBSCRIBED before me Ihis ~ day of #2004.. ~l\""'."L.ucoo . ~ j My ComrnIUion 00201132 -";-..';1 ~",-'-2<l,2006 Printed Name of Notary My commission expires: 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. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me Ihis _ day of ,200_. 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 executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me Ihi, _ day of ,200_. Notary Public State of Florida AI large Printed Name of Notary My commission expires: 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. the Affiant, who being first by me duty swom, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me Ihis _ day of ,200_. Notary Public Stale of Florida Al Larye Printed Name of Notary My commission expires: WITNESS MY HAND THIS ~ DAY OF _August ,2004, REPRESENTATIVE: (Listed on Business Relationship Affidavil) By:1L~~gnature) x Name:_Clifford A. Schulman (Print) By: (Signature Name: (Print) (Print) Title:_Attorney (Print) Title: By: (Signature) By: (Signature Name: (Print) (Print) Name: (Print) Title: Title; (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) (Print) Tille: (Print) Title: B y: (Signature) By: (Signature Title: (Print) Title: Title: (Print) Tille: (Print) (Print) By: (Signature) By: {Signature Title: (Print) Title; Tille: (Print) Tille: (Print) (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille: (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, ~-~ -- -. -_._~- From: unknown Page: 214 Date: 9/2I2004 11 :04:29 AM r'- .A . BUSINESS RELATIONSHI AFFIDAVIT" Th~ Affidavit is made pursuant to S~tion 31,71(bK2Kn) of the Cny of Aventura Land D elopment Code. The undersigned Affiant he!eby d~closes thaI: (mart< with 'x' applicable portions only) IXII. Affiant does not have a Business Relationship with any member 1 tho City Commission or any C~y Advisory Board to which the application will be presented, [ J 2. Affiant hereby discloses that n does have a Business RelaUons Ip wilh . member of lhe Cny Comm~sion or a Cny Adv~ory Buard to which the applicalion will be presented, as foil (List name of Commissioner r Advisory Board Member) who serves on the (Lisl Cny Commission or City dvisory Board upon which member serves). The natura of the Business Relationship is as follows: I J j, Member of C~y Commission or Board holds an owne hip interest In excess of 1 % of total assets or capital stock of Applicant or Representative; (I ii. Member of CIty Comm~sion or Board is a partner, 00-' hareholder (as to shares of a corporation which are not 1~led on any national or regional stock exchange) or j int venturer WIth the Applicant or Representative in any business venture; I] iii, The Applicant or Representative is a Client of a mem r of the City Commission or Board or a Client of anolher professional worI<ing from the same offlOe or for lhe s e employer as the member of the City Commission or Boani; [J iv, A City Commission... or Board member is a Clienl of th Applicant or Representative: (J v, The Applicant or Representative is a Custom... of the ember 01 the City Commission or Board (or of h~ or her employer) and transacts more than $10,000,00 of the usiness of lhe member of the City Commission or Boerd (or his or he! employer) In a given calendar year. (] vi. The member of the City Commission or Board Is a C stomer of the Applicanl or Representative and transacts more than $25,000,00 of the business 01 the Applicant or Representative in a 9iven calendar year, WITNESS MY HAND THIS --1!..hoAY OF September, 200!t. APPLICANT: By: -----:?ZQ .J .0 Name: Norman Leopold TRle: COB. Atty (Sign8h1/B) (Print) (Print) WITNESS MY HAND THIS _ DAY OF .200_, PROPERTY OWNER: By: Name: TRle: (Signature) IPrinf) (Print) 'The terms "Business Relationship,' "Client,' "Customer: "Applicant: "R Section 2-395 of the Aventum City Code. entative' and "Interested Person" are deffrred In This fax was received by GFI FAXmaker fax server. For more information, visit: http:l~.gfi.com From: unknown Page: 314 ~-i ~- ~. ~~.~~~ WITNESSMYHANDTHIS lthDAYOF September ,2Wl REPRESENTATIVE: (Usted on Business Relationship Affidavit) By: ~ Y (Signature) By: Name: Norman Leopold (Print) 11tle: Chairman of BDargPrint) Attorney By: (Signature) Name: (Print) (Print) Title: By: (Signature) (Print) (Print) Name: Title: B y: (Signature) Tille: (Print) Title: (Print) By: (Signature) (Print) TiDe: Tille: (Print) By: (Signature) (Print) tiDe: Tille: (Print) NOTE: 11 Use duplicate sheets n dl.c1osure information for Repres 2) Applicants and Affiants are advised to timely supple of the City's Land Development Regulations in the City application by the City Board or Commission, the info or incomplete. Date: 9/212004 11 :0429 AM ,...~ Nam ( e: ( : I~ ( e: ( ( ( e: ( " ( ( II ( e: II e: ( ( e: ( e: ( SM :alive varies men this Affidavit pursuant Co< , in the event that prior rmat n provided in the Affid to Sec, 31.71(bX2Xiv) to consideration oflhe avit becomes incorrect SIgnature Print) Tille Print) By: Signature Nam Print) Print) Tille By: Signature Nam Print) Print) Title By: Signature tiDe Print) Print) Title By: Signature Print) Titl TiD Print) By: Signature Print) Till Till Print) This fax was received by GFI FAXmaker fax server. For more information, visit: http://W'N'N.gfLcom ~-r ~~ ~. _~.~~~ From: unknown Page: 4/4 Date: 9/212004 11 :04:30 AM .... , OT ARIZA TION PROVI ON STATE OF FLORIDA ) COUNT'! OF MIAMI,DAOE) Before me, the Urnlersigne<S authority, personally appeared Norman Leop :bi Affiant, who being first by me duly sworn, did swear or affum thai hefshe exeeuted this Affldavft. for the j)Ufl)Oses stated therein and \hllt Ills true and correct. AI FIANT orman eopold SWORN TO ANO SUBSCRIBED beloro me this 7 thdayofSeptemJ2gJ2oo~ ","'V't'''" HILARY S. FEINSTOCK !'R;'!I':h."i(~, MY COMMISSION I DO 035047 ~.~7..:4 EXPIRES: October 18, 2005 'I..t,RR:t-q.;," Bo~dGdTnnl Notal)' PublIC This fax was received by GFI FAXmaker fax server. For more information, visit: http://lNWN.gfi.com Underwritllrs tJ. commissIOn explnt'S: - ..----......-.. , ------- anally appeared the Affiant, who being fIBl by me d Iein and that It Is true and conecl. FFIANT tIlis_dayor ,200_. I otary Public State of Florida At Large rinted Name of Notary y commls$Dn expires: naUyappeared the ,6.ffiant, who being fin;t by me erein and that it Is true and correct AFFIANT this_day of ,200_, N~ry Public Slate of F~rida At Larye Printed Name of Notary My commission expires: - aliyappeared the Affiant, who being !ir;t by ma rein 8I1d that it Is true 8Ildcorrect. AFFIANT ethls_dayof 200. . Notary PubflC State of Florida At Large Printed Name 01 Notary My commbslcm expires: -, - P inted Name of Notary STATE OF FLORIDA I COUNT'! OF MIAMI'DADE) Before me, fhe underlilgned lIluthOrity, pers he~he executed thl' Affoav, lor the !'lrposes ,_ the uly swom, did swear or affirm that SWORN TO ANO SUBSCRIBED before me STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the unde~igned 6utllority, per;o he/she executed th~ Allidavll for the purposes slaled III duly sworn, did swear or affirm thai SWORN TD AAO SUBSCRIBED baloro me STATE Of FLORIOA ) COUNTY Of MIAMI,DADE) Before me, th(I undersigned authority, person hefslle executed this Aftldavlt for tile pUr"pOSes stated the duly sworn, did swear or affil1t'l ftlal SWORN TO AND SUBSCRIBED before m CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M, Soroka, IC City Manager TO: City Commission BY: DATE: August 24,2004 SUBJECT: Request of ACC/GP Investment LLC (Aventura Corporate Center) for (1) Variance from Section 31-144(e)(4)d,1, of the City's Land Development Regulations to allow reduced north street sideyard setback; (2) Variance from Section 31-171 (a)(6)a, of the City's Land Development Regulations to allow reduced size of parking space in the existing two-story parking garages; (3) Variance from Section 31-171(a)(6)d. to allow reduced two- way drive aisles between the existing buildings and at the entry/exit drives in the existing two-story parking garages; and (4) Variance from Section 31-144(e)(4)c.1. of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the existing two-story parking garages for property located on 20801 and 20803 Biscayne Boulevard, Aventura (03-VAR-04) September 7, 2004 City Commission Meeting Agenda Item '3)) RECOMMENDATION It is recommended that the City Commission: 1, Approve the request for variance from Section 31-144(e)(4)d.1, of the City's Land Development Regulations to allow a reduced north street sideyard setback. 2. Approve the request for variance from Section 31-171(a)(6)a, to allow a reduced size of parking space in the existing two-story parking garages. 3, Approve the request for variance from Section 31-171(a)(6)d, to allow reduced two- way drive aisles between the existing office buildings and at the entry/exit drives in the existing two-story parking garages, 4. Approve the request for variance from Section 31-144(e)(4)c,1, to allow a parking structure that is not incorporated into the building envelope for the existing two-story parking garages, upon the following conditions: a. That plans shall substantially comply with those submitted as follows: . Aventura Corporate Center, Boundary Survey, Sheet 1 of 2, prepared by Ford Armenteros & Manucy, Inc" dated 11/28/95, last revised 07/07/04, signed and sealed, . Aventura Corporate Center, Boundary Survey, Sheet 2 of 2, prepared by Ford Armenteros & Manucy, Inc" dated 11/28/95, last revised 07/07/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 1 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 2 of 4, prepared by Fortin Leavy Skiles Inc" dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 3 of 4, prepared by Fortin Leavy Skiles Inc" dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 4 of 4, prepared by Fortin Leavy Skiles Inc" dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 1 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 2 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 3 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . New Office Building for Aventura Corporate Center, Floor Plans, Sheet A-1, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed. . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 2, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed, . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 3, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed, . Aventura Corporate Center, Landscape Planting Plan, Sheet L 1, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed. . Aventura Corporate Center, Landscape Planting Plan, Sheet L2, prepared by EGS2 Corp., dated 02/18/04, last revised 08/16/04, signed and sealed, . Aventura Corporate Center, Plant List, Details, Specifications, Sheet L3, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed, 2 . Aventura Corporate Center, Existing Tree Information and Tree Removal Chart, Sheet L4, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed, b, Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. c, That the parking stalls and drive aisles within the two existing two-story parking structures be reconfigured and restriped in accordance with the plan entitled "Aventura Corporate Center - Parking Study for Existing Garages", Sheet 3 of 3, prepared by Fortin Leavy Skiles Inc. dated 08/17/04, revised 08/24/04, THE REQUESTS The applicant, ACC/GP Investment LLC (Aventura Corporate Center), is requesting the following variances: (See Exhibit #1 for Letter of Intent) 1, Variance from Section 31-144(e)(4)d,1, of the City's Land Development Regulations to allow a north street sideyard setback of 14,75 feet, where a minimum 15' setback is required by Code; 2, Variance from Section 31-171(a)(6)a, of the City's Land Development Regulations to allow a minimum 7,5' wide and a minimum 16' long size of parking space in the existing two-story parking structures, where a minimum size of 9' wide by 18' long parking space is required by Code; 3, Variance from Section 31-171 (a)(6)d. of the City's Land Development Regulations to allow a minimum 22' wide drive aisle between the two existing office buildings, a minimum 20' wide entry/exit drive aisle to the existing north parking garage from NE 209 Street and a minimum 23' wide entry/exit drive aisle to the existing south parking garage from NE 207 Street, where a minimum 24' wide drive aisle is required by Code for two-way traffic, 4, Variance from Section 31-144(e)(4)c,1, of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the two existing two-story parking structures, where the Code requires that any structured parking serving the primary use on the site shall be incorporated into the building envelope, all for property located on 20801 and 20803 Biscayne Boulevard, Aventura, BACKGROUND OWNER OF PROPERTIES: ACC/GP Investment, LLC (Aventura Corporate Center) 3 NAME OF APPLICANT ACC/GP Investment LLC LEGAL DESCRIPTION A portion of Tract A, Aventura Corporate Center, Plat Book 158, Page 47, Public Records of Miami-Dade County, Florida LOCATION OF PROPERTY 20801 and 20803 Biscayne Boulevard (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTIES Approximately 4,10 acres DESCRIPTION {BACKGROUND The site is the Aventura Corporate Center office campus on the east side of Biscayne Boulevard between NE 207 Street and NE 209 Street. There are currently two office buildings and two two-story parking structures in the westerly portion of the site and a surface parking lot to the east of the buildings. The applicant has applied for administrative site plan approval to build a third office building with attached parking structure in the easterly limit of the site, The site plan application is currently under review by City staff, Since this site is comprised of one tract of land, the site plan approval process includes compliance review for both the new structures and the existing structures on the property. The current buildings at 20801 and 20803 Biscayne Boulevard are each five stories high with 84,342 and 83,499 square feet of floor area respectively. These buildings are served by two two-story parking structures to the west of the buildings, fronting on Biscayne Boulevard, There are a total of 430 spaces in these two parking structures, The proposed office building is six stories with 95,230 square feet of floor area and an attached five level parking structure containing 503 spaces, There is also a surface parking area proposed to the south of the new building/parking structure, This surface parking area will contain 145 spaces, Total parking spaces required by City Code for the existing and proposed buildings is 879 spaces. The total proposed number of parking spaces is 1042. The site plan proposed meets the site development criteria in the OP district with respect to front and rear setbacks, south street sideyard setback, lot coverage, open space, floor area ratio, and maximum height. The proposal does not meet the criteria with respect to the existing structures on site for the north street sideyard setback, size of parking stall, width of drive aisles and incorporation of parking structures into the building envelope, 4 All new parking spaces comply with the minimum size required by the City Code, however, 208 of the 430 spaces in the existing two two-story parking structures do not meet the stall size or two-way drive aisle width requirements of the Code, The location of the non-compliant parking spaces is shown in shaded area on Sheet 2 of the "Parking Study for Existing Garages" attached, The applicant has proposed to make all drive aisles within the existing parking structures one-way and to resize and restripe many of the existing spaces, resulting in a loss of 34 spaces and 7 spaces remaining non-compliant as shown on Sheet 3 of the "Parking Study for Existing Garages" plan attached, ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Business and Office Business and Office Business and Office Medium High Density Residential Business and Office OP, Office Park District OP, Office Park District B2, Community Business District RS2, Residential Single Family District B1, Neighborhood Business District office buildings and parking structures funeral home and vacant land retail plaza and vacant land single family home residential retail plaza Consistency with Comprehensive Master Plan - The requests are consistent with the City of Aventura Comprehensive Plan, The future land use designation of the parcel is Business and Office, The proposed land use is consistent with this category. Citizen Comments - The Community Development Department has received no written citizen comments, Community Development Department Analysis - The applicant proposes to construct a third office building with attached parking structure on a 4,10 acre tract of land with two existing office buildings and two existing parking structures, Staff review of the site plan submitted for the existing and proposed structures reveals that the 5 proposal meets the site development criteria of the Office Park District with the following exceptions: (1) the existing northerly parking structure is located 14,75 feet from the property line and therefore does not meet the street sideyard setback minimum of 15 feet required by the zoning district site development criteria; (2) seven parking spaces within the existing two two-story parking garages do not meet parking stall size requirements of the City Code; (3) the existing drive aisle between the two office buildings and the existing entry/exit drives to the existing two two-story parking structures do not meet the width requirements of the City Code for two way traffic; and (4) the existing two two-story parking structures are not incorporated into the building envelope as required by the zoning district site development criteria, Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: Standards of review, A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity, (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity, Reauest #1: Variance from Section 31-144(e)(4)d.1. of the City's land Development Reaulations to allow a north street sideyard setback of 14.75 feet, where a minimum 15' street sideyard setback is reauired by Code: 6 The reduced street sideyard setback is on the north side of the existing two-story parking structure adjacent to NE 209 Street. The hardship arises from the physical condition that the parking structures are existing, The site is bounded on all sides by public road allowances, No expansion of the site area is possible, The condition upon which the request for variance is based is unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. This parking structure was constructed prior to the enactment of the City's Land Development Regulations. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity, The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity. While each variance request is of a unique and independent nature, the following information is provided for Commission's information, Five previous requests for reduced yard setbacks have been granted by the City Commission, These were setbacks for an office building on East Dixie Highway, for a medical office building on the Aventura Hospital Campus, for a retail building on Biscayne Boulevard at NE 190 Street and for two retail buildings on Biscayne Boulevard at NE 179 Street. Reauest #2: Variance from Section 31-1711a)(6)a. of the City's Land Development Reaulations to allow a minimum 7.5' wide and a minimum 16' lona size of parkina space in the existina two-stOry parkina structures. where a minimum size of 9' wide bv 18' lona parkina space is reauired bv Code. The applicant's consultant has provided existing and proposed parking plans for the existing two two-story parking structures, In its current condition, 208 of the 430 parking spaces do not comply with the size or drive aisle width of the City Code, If all spaces were made to comply, the applicant's consultant has determined that 92 spaces would be lost. As shown on the proposed parking plan, the applicant offers to reconfigure the parking structure drive aisles to one-way only with a minimum drive aisle width of 12.4', This width for a one-way drive aisle is permitted. 167 existing spaces will be restriped to comply with the 9' wide by 18' long parking stall size required by City Code, This will result in the loss of 34 spaces in the two garages, leaving a total of 396 spaces instead of 430 as existing, 7 of those 396 spaces are requested by the applicant to remain non-compliant as shown in the proposed parking plan attached, 2 of the 7 non- compliant spaces proposed will be 7,5' wide by 18' long, These two spaces cannot be widened due to their location between an existing column and wall. The applicant is currently using these spaces for building staff parking, wishes to continue to do so and has agreed to designate them for use by building staff and service vehicles only, The remaining 5 non-compliant spaces are proposed at 8.3' wide by 16' long, The applicant has requested the proposed reconfiguration of spaces because this restriping and resizing can be accomplished without creating any violation of lease obligations for covered and/or reserved spaces, 7 The hardship arises from the physical condition that the parking structures are existing, The applicant has reconfigured and restriped as many of the existing parking spaces as possible to bring them into compliance without disturbing existing lease obligations for covered and/or reserved spaces, The condition upon which the request for variance is based is unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity, The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity, While each variance request is of a unique and independent nature, the following information is provided for Commission's information. There has been no previous variance approval for reduced parking stall size. Reauest #3: Variance from Section 31-171(a1l6)d. to allow a minimum 22' wide drive aisle between the two existina office buildinas. a minimum 20' wide entry/exit drive aisle to the existina north parkina aaraae from NE 209 Street and to allow a minimum 23' wide entry/exit drive aisle to the existina south parkina aaraae from NE 207 Street. where a minimum 24' wide drive aisle is reauired bv Code for two-way traffic. The proposed site plan dimensions all existing drive aisles on site, The existing drive aisle between the two office buildings measures 22 feet wide, The existing entry/exit to the two-story south parking garage from NE 207 Street measures 23 feet wide, The existing entry/exit to the two-story north parking garage from NE 209 Street measures 20 feet wide, The City Code requires a minimum width of 24 feet for two-way drive aisles, The hardship arises from the physical condition that the parking structures are existing, All new drive aisles for the proposed third building meet the City Code width requirement. The drive aisle between the two existing buildings cannot be widened as the structures exist. The drive aisles to the two existing parking garages also cannot be widened because there are existing structural columns at the entry/exit. The condition upon which the request for variance Is based is unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LOR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity, While each variance request is of a unique and independent nature, the following information is provided for Commission's information, There has been one previous 8 variance approval for a reduced drive aisle at a retail building on the east side of Biscayne Boulevard north of NE 191 Street. Reauest #4: Variance from Section 31-144(e)(4)c.1. to 71(b)(2) to allow a parkina structure that is not incorporated into the buildina envelope for the two existina two-stOry parkina structures. where the Code reauires that any structured parkina servina the primarY use on the site shall be incorporated into the buildina envelope. City Code requires that structured parking be incorporated into the building envelope and be compatibly designed with the primary use building, The two existing two-story parking structures were built prior to this Code requirement and it is not possible to incorporate them into the envelope of an already constructed office building, These two parking garages are compatibly designed with the existing office buildings and are well Integrated with landscaping, The hardship arises from the physical condition that the parking structures are existing, The condition upon which the request for variance is based is unique to this parcel. The alleged hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The proposed development will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity, While each variance request is of a unique and independent nature, the following information is provided for Commission's information. No previous request for variance approval for parking structures not incorporated into the building envelope has been made to the City Commission, 9 D~H~H~D A.TTORNEYS AT LAW n~~~I~ RECEIVED JUN 1 8 2004 Clifford A. Schulman (305) 579-0613 Direct Fax: (305) 961-5613 E-MaiL schulmanc@gtlaw.com COMMUNITY DEVELOPMENT June 16, 2004 Via Hand Delivery Ms. Joanne Carr Planning Director City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 EXHIBIT #1 03-V AR-04 Re: Aventura Corporate Center /20801 Biscayne Boulevard / Variance Applicatiou / Letter of Intent Dear Ms, Carr: On behalf of ACGIGP Investment, LLC, (the "Applicant"), the owner of the above referenced property (the "Property"), I respectfully submit this letter of intent in connection with the Applicant's variance application for the Property, The Property is presently zoned OP (Office Park) and is the site of two 5 story office buildings and two 2 story parking garages, As you are . aware, the Applicant has proposed to develop a new office building on the Property. The proposed new office will comply with the applicable provisions of the Aventura Land Development Regulations (the "LDR's") and will not require any variances, Due to the fact that the existing office buildings and parking structures on the Property were completed in 1986, prior to the incorporation of the City of A ventura, they do not comply with various aspects of the LDR's. Since these legal non-confonnities will be perpetuated as a result of the new proposed office building, the Applicant is required to obtain variances for these non-confonnities, In particular, we are requesting the following variances: North Street Side Setback - Section 3l-l44(e)(4)(d)1 of the LDR's would require a north street side setback of 15', The North Parking Garage is presently set back 14.75' feet from the street. Accordingly, a variance of.25 , from the requirements of Section 3 1-1 44(e)(4)(d) 1 is requested. Parking Garage Drive Aisles - Section 3 1-1 71 (a)(6)d of the LDR's would require 24' wide drive aisles in the parking garages. Both parking garages have minimum drive aisles widths of 20' which were pennitted by the Miami-Dade Zoning Code, which governed development of the Property, when these parking garages were built. Accordingly, a variance of 4' from the requirements of Section 3l-l7l(a)(6)d is requested, GREENBERG TRAURIG. P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.(I;tlaw.com AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DALLAS DENVER FORT LAUDERDALE Los ANGELES MIAMI NEW JERSEY NEW YORK ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZORICH June 16,2004 Page 2 Parking Space Dimensions - Section 31-171(a)(6)(b) of the LDR's would require parking spaces with dimensions of9' x 18', Both parking garages have minimum parking space dimensions of 7.5' x IS'. These compact size parking spaces were permitted by the Miami-Dade Zoning Code, which governed development of the Property, when these parking garages were built. Accordingly a variance of 1.5' x 3' from the requirements of Section 31-171(a)(6)(b) is requested, Parking Garage Not Part of Building Envelope - Section 31-144(e)(4)cl of the LDR's requires that all parking structures be incorporated into the building envelope, Neither of the parking garages are incorporated into their principal building's envelope since this was not required by the Miami-Dade Zoning Code when these parking garages were originally developed, Accordingly, a variance from Section 31-141(e)(4)cl so as to not require that the parking structures be incorporated into the building envelope is requested. The parking garages in question predate both the City of Aventura and its LDR's, They are legal non-conforming structures which are permitted to exist "as is" pursuant to Section 31- 271 of the LDR's, These variances are required solely because of the new office building which has been proposed for the Property. To require the existing structures to come into compliance with the LDR's for no reason other than that a new structure is proposed for the Property would work an untenable hardship on the Property. We respectfully submit that this application satisfies the variance standards of Section 31-76(e) of the LDR's and further respectfully request that our variance request be approved, If you have any questions, please contact me at 305-579-0837. Thank you for your attention to this matter, Sincerely, ~Yk-~ If- Clifford A, Schulman cc: Liliana E. Ribero GREENBERG TRAURIG, P,A, .......",...'1"01':'1..;";..-= ;) , - )r"._.- -~- ..,." ..... YI"..... ..... YI".-a.- '" Gulf stream YAC T LUB DR. · D I Park MARINA: I COVE · / CIRCLE · ~~ .,~.." i 'J \ ~ .".-- \ Walenl'GYs :'; ..... WATERWAYS S'wppes 207 ST, : ,/<,\ COUNTRY CLUB DR. .' lJ E,I) "~ . \. . . ,-'-- . I . '.dh...," jr~ }.: ~' -'- I \ ' {1: I f!J I n g) I :::> ~ I" o '1/>.C~,!r I () LOB ~ I I I .r "" <?", "" M'ISiIC I I I I I I I I .+,",-.l' J ~-..:>.-'<--' II I ...~+.-~...._....'""..,...-. --,......) '--.;"",:.-". I I I I I I I I I I I I I I I I . .- . ........ -.. .. .. . .. . . . ~ .. l --..." __' · E= '-- .. - P" . r .. I \ : .... ' . . ",. BROWARD COUNTY ..-.-.-.-. DADE COUNTY :1 '. :. ;. :~ .. :. :. '. :. :1 :. :. :. '. :. ;1 :. '. :1 IVES DAIRY RD, :. .. :. ( ~ '. ..J :. Q. :. 201 TER, en :. '" :. AVENTURA 0L"O, :1 :. Fire I 0 '. :. Ruc:ue Aven/ura :. Station library :" :. ," :1 Al'entura Mall :" :" :" :" ," :" 1925T, ~ ;. ." 191 ST. J: ;. w :" X :" Lo~/l1n1J"IJ'.t 15 :" Fa.<:hion W ;: :" Island ~ .. :" en i. '" MIAMI ," . GARDENS DR. 'I " , \ '-.' a: o ED ::l ..J () >- a: !z ::l o () 188ST, Mallie Lake . i\ ';,) \~. Trm,fxorry Is/~ Resort &: Club ;) .- " "',,' L' ,,~ / " ( i --......_/ DumfoundJing Bay . - ~ 1 J 1 EXHIBIT #2 03-V AR-04 1925T, LEGEND ci ::; ED Z i5 () o g CD z i5 8 Atlantic Ocean e Roadways City Boundary ZIP Code Boundary Railroad ...... f! EXHIBIT #3 03-V AR-04 RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-144(e)(4)d.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A NORTH STREET SIDEYARD SETBACK OF 14.75 FEET, WHERE A MINIMUM 15 FOOT SETBACK IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31- 171(a)(6)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 7.5 FOOT WIDE AND A MINIMUM 16 FOOT LONG SIZE OF PARKING STALL IN THE EXISTING TWO-STORY PARKING STRUCTURES, WHERE A MINIMUM PARKING STALL SIZE OF 9 FEET WIDE BY 18 FOOT LONG IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31-171 (a)(6)d. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 22 FOOT WIDE DRIVE AISLE BETWEEN THE TWO EXISTING OFFICE BUILDINGS, A MINIMUM 20 FOOT WIDE ENTRY/EXIT DRIVE AISLE TO THE EXISTING NORTH PARKING GARAGE FROM NE 209 STREET AND A MINIMUM 23 FOOT WIDE ENTRY/EXIT DRIVE AISLE TO THE EXISTNG SOUTH PARKING GARAGE FROM NE 207 STREET WHERE AS MINIMUM 24 FOOT WIDE DRIVE AISLE IS REQUIRED BY CODE; AND A VARIANCE FROM SECTION 31-144(e)(4)c.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PARKING STRUCTURE THAT IS NOT INCORPORATED INTO THE BUILDING ENVELOPE FOR THE TWO EXISTING TWO-STORY PARKING STRUCTURES, WHERE THE CODE REQUIRES THAT ANY STRUCTURED PARKING SERVING THE PRIMARY USE ON THE SITE SHALL BE INCORPORATED INTO THE BUILDING ENVELOPE; FOR PROPERTY LOCATED AT 20801 AND 20803 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned OP, Office Park District; and WHEREAS, the applicant, ACC/GP Investment LLC, through Application No, 03- VAR-04, is requesting a variance from Section 31-144(e)(4)d.1. of the City's Land Development Regulations to ailow a north street sideyard setback of 14,75 feet, where a minimum 15 foot street sideyard setback is required by Code; a variance from Section 31-171(a)(6)a. of the City's Land Development Regulations to ailow a minimum 7.5 foot wide and a minimum 16 foot long size of parking space in the existing two-story parking Resolution No. 2004- Page 2 structures, where a minimum size of 9 foot wide by 18 foot long parking space is required by Code; a variance from Section 31-171 (a)(6)a, to allow a minimum 22' wide drive aisle between the two existing office buildings, a minimum 20' wide entry/exit drive aisle to the existing north parking garage from NE 209 Street and a minimum 23' wide entry/exit drive aisle to the existing south parking garage from NE 207 Street, where a minimum 24' wide drive aisle is required by Code; and a variance from Section 31- 144(e)(4)c,1, of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the two existing two-story parking structures, where the Code requires that any structured parking serving the primary use on the site shall be incorporated into the building envelope, WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-144(e)(4)d.1. of the City's Land Development Regulations to allow a north street sideyard setback of 14.75 feet, where a minimum 15 foot street sideyard setback is required by Code; a variance from Section 31-171 (a)(6)a. of the City's Land Development Regulations to allow a minimum 7,5 foot wide and a minimum 16 foot long size of parking space in the existing two-story parking structures, where a minimum size of 9 foot wide by 18 foot long parking space is required by Code; variance from Section 31-171(a)(6)d, of the City's Land Development Regulations to allow a minimum 22' wide drive aisle between the two existing office buildings, a minimum 20' wide entry/exit drive aisle to the existing north parking garage from NE 209 Street and a minimum 23' wide entry/exit drive aisle to the Resolution No. 2004-_ Page 3 existing south parking garage from NE 207 Street, where a minimum 24' wide drive aisle is required by Code; and a variance from Section 31-144(e)(4)c.1. of the City's Land Development Regulations to allow a parking structure that is not incorporated into the building envelope for the two existing two-story parking structures, where the Code requires that any structured parking serving the primary use on the site shall be incorporated into the building envelope, on property legally described on Exhibit "A" to this resolution is hereby granted, subject to the following conditions: 1) Plans shall substantially comply with those submitted, as follows: . Aventura Corporate Center, Boundary Survey, Sheet 1 of 2, prepared by Ford Armenteros & Manucy, Inc" dated 11/28/95, last revised 07/07/04, signed and sealed, . Aventura Corporate Center, Boundary Survey, Sheet 2 of 2, prepared by Ford Armenteros & Manucy, Inc., dated 11/28/95, last revised 07/07/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 1 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 2 of 4, prepared by Fortin Leavy Skiles Inc" dated 02/17/03, last revised 07/06/04, signed and sealed. . Aventura Corporate Center, Site Plan, Sheet 3 of 4, prepared by Fortin Leavy Skiles Inc" dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Site Plan, Sheet 4 of 4, prepared by Fortin Leavy Skiles Inc., dated 02/17/03, last revised 07/06/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 1 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages. Sheet 2 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . Aventura Corporate Center, Parking Study for Existing Garages, Sheet 3 of 3, dated 08/17/04, revised 08/24/04, signed and sealed, . New Office Building for Aventura Corporate Center, Floor Plans, Sheet A-1, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed, . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 2, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed, . New Office Building for Aventura Corporate Center, Exterior Elevations, Sheet A- 3, prepared by Oliver Glidden Spina & Partners, dated 02/18/04, revised 04/09/04, signed and sealed. . Aventura Corporate Center, Landscape Planting Plan, Sheet L 1, prepared by EGS2 Corp., dated 02/18/04, last revised 08/16/04, signed and sealed. . Aventura Corporate Center, Landscape Planting Plan, Sheet L2, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed, Resolution No, 2004-_ Page 4 . Aventura Corporate Center, Plant List, Details, Specifications, Sheet L3, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed, . Aventura Corporate Center, Existing Tree Information and Tree Removal Chart, Sheet L4, prepared by EGS2 Corp" dated 02/18/04, last revised 08/16/04, signed and sealed, 2) Permits shall be obtained within twelve (12) months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission, 3) That the parking stalls and drive aisles within the two existing two-story parking structures be reconfigured and restriped in accordance with the plan entitled "Aventura Corporate Center - Parking Study for Existing Garages", Sheet 3 of 3, prepared by Fortin Leavy Skiles Inc, dated 08/17/04, revised 08/24/04,signed and sealed, Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 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 Jay R, Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 5 PASSED AND ADOPTED this ih day of September, 2004. JEFFREY M, PERLOW, MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2004. CITY CLERK EXHIBIT A TO RESOLUTION NO, 2004- LEGAL DESCRIPTION: All of Tracts "CO, "0" and "E", of "BISCAYNE WATERWAYS - FlRST ADDI110N", according to the Plot thereot as recorded In Plat Book 126 at Page 18 of the Public Reoords of Miami-Dade County, Florida, and Lot. 1 through 11, Inclusive, and a 10,00 foot Alley l)ing within Block 10, of "HAU.ANDALE PARK No,9", aocordlng to the Plat thereof as recorded In Plat Book 23 at Page 26 of the Public Records of Miami-Dade County, florida, and that portion of North Eo.t 208th Terraoe. abandoned, vacated and discontinued from Public use by City of Aventura Re.olution No, 2000-48, as reoorded In Offlolol Reoords Book 19247 at Page 46B2 of the Public Records of Miami-Dade County, Florida, LESS the following described Parcels of land: BEGIN at the Moat North, Northwest Comer of Said Tract "CO; thence North BB degree. 10 minute. 38 second. Ea.!, along the North line of .ald Tract. "C" and "0", and along the North Line of said Lat. 11 and 10, for 556.00 feet; thence South 11 degrees 19 minute., 21 .econds West for 335,00 feet; thence South 00 degree. 43 minutes 51 .econd. East for 205,15 feet to a point of the Southwesterly Line of said Tract "E"; thence North 78 degree. 02 minutes 44 .econds West, along the Southerly line of .ald Tract. "E", "0" and "C", for 652.55 feet; thence North 28 degree. 31 minute. 25 seconds West, along the Southwesterly line of sold Tract "C", for 35,00 feet; thence North 22 degree. 43 minute. 18 seconds Ea.t, along the We.terly line of said Tract "C", .ald line also being the Ea.terly Right-of-Way Line of BISCAYNE BOULEVARD (STATE ROAD US NO,l), for 363,12 feet: thence North 55 degrees 26 minutes 5B .econds East, along the Northwe.terly line ot sold Tract "C", for 27,03 feet to the POINT OF BEGINNING, AND LESS: A portion of Tract "E" BISCA YNE WATERWAYS FlRST ADDI11ON, according to the ptat thereof, as recorded In Plat Book 126 at page 18, of the Public Records of Miami-Dade County, florida, being more particularly de.crlbed as follows: COMMENCE at the Southwesterly comer of sold Tract "E": thence South 78 degree 02 minute. 44 seconds East for 95.72 feet to a point of curvature; thence Southea.terlyalong a circular curve to the left, having a radius of 14,438,00 feet and a central angle of 04 degrees 11 minutes 01 seconds. for an arc dl.tance of 105.00 feet to the POINT OF BEGINNING of the following described parcel (sold last mentJoned two courses being coincident with the Southerly boundory of sold Tract "E"); thence continue Southea.terly along the la.t de.crlbed course through a central angle of 01 degree 23 minute 40 .econds for an arc dl.tance of 35.00 feet: thence North 07 degree 04 minute. 25 seoonds East for 45,00 feet; thence North 82 degree. 55 minute. 35 .econds West at right angles to the last and next described courses for 35,00 feet; thence South 07 degrees 04 minutes 25 second. We.t for 45.00 feet to the POINT OF BEGINNING. All of the above described land situated, being and l)ing In the City of Aventura, Miami-Dade County, Florida, and containing 178,513.13 Square Feet and I or 4.10 Acres more or le.s, ASLO KNOWN AS: Tract "A", of "AVENTURA CORPORATE CENTER", according to the Plat thereof, as recorded In Plat Book 158, at Page 47 of the Public Records of ,Miami-Dade County, Florida. LESS the following described paroel of land: BEGIN at the Most North, Northwest Comer of said Tract "A:; thence North 88 de<;lrees 10 minutes 38 seconds Eo.t. along the North Line of said Tract "k, for 556.00 feet; thence South 11 degree 19 minutes 21 seconds West for 335.30 feet: thence South 00 degrees 43 minute. 51 seconds East for 205.15 feet to a point of the Southerly line of sold Tract " A"; thence North 7B degrees 02 minutes 44 seconds West, along the Southerly Une of said Tract "A", for 652.55 feet; thence North 28 degrees 31 minute. 25 .econd. West, along the Southwesterly line of sold Tract "A", for 35.00 feet: thence North 22 degrees 43 minute. 18 .eoonds Eo.t. along the We.terly Une of .ald Tract "A:, .old line also being the Ea.terly Right-of-Way line of BESCAYNE BOULEVARD (STATE ROAD US NO.1), for 363,12 feet; thence North 55 degree. 26 minutes 58 seconds Ea.t. along the Northwe.terly line of said Tract "A", far 27.03 feet to the POINT OF BEGINNING. ' All of the above described land .ituated, being and l)ing In the City of Aventura, Miami-Dade County, Florida and containing 178,513.13 Square Feet and lor 4,10 Acres more or less. ~1.I" ,: .i' "\""",~ AtlPLlCANT 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 aulhorized representalive of the individual or ontITy applying for the Development Permil, which is idenlified 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 tne application, as follows: Name Relationship (i,e, Attorneys, Arr;hitects, Landscape Architects, Engineers, Lobbyists, Ete.) _Clifford A, Schulman Attorney _Mario J. Garcia-Serra Attorney (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 INDMDUAL 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)(1V) 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 ,200_ Name: AUTHORIZED REPRESENTATIVE OF APPLICANT: By:~. (Signature) Name:_Clifford A. Schulman, Esq. (Print) Title:_Attorney Title: Address 1221 Brickell Avenue Address: 20803 BISCAYNE BLVD" 11200 AVENTURA, FL 33180 ~Miami, Florida 33131 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared MICHAEL BEDZOW Applicant andlor the owner of the property subject to the application, who being ~rst b executed this Affidavit tor the purposes stated therein and that it is true and correct My commission expires: ............................................. r RUTHANN MOORE : I ~"'4t."I! CornmIODOZ90.as I . ~!>'to E>c>l'" eI2O/2COI . ... lIvu (8QO)032~254; Ofli\: ineZ . "'",n>' FIoridI NotIrv AsIn., i ,............................................. as the authorized representative of the om, . e SWORN TO AND SUBSCRIBED BEFORE ME this 'i day of JUN APPl ANT REPRESENTATIVE AFFIDA Pursuanl to Section 31-71(b)(2)(i) of Ihe City of Aventura Land Oevelopmenl Code,lhis Applicant Representative Affidavit is hereby made and submitted. The undersigned aulhorized representative of Ihe individual or entily applying for the Oevelopmenl Permit, which is identified in the accompanying applicalion, and the owner of the property subjecllo Ihe applicalion (if differenl) hereby lists and idenlifies all persons representing Ihe individual or entity applying tor the Development Permit in connection with the application, as follows: Name L 1 U ftNIf PIE E12() Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Ete.) iv/ecc.ror OF el=7Jt krJ'r~ O~ 1? UPE G:..t EA/17t71 i/C.- - (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(8)(2)(1V) 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 13- DAY OF fphlUCt /'-f ,2004 AUTHORIZED REP T A TIVE OF APPLICANT: z By: (Sign:tr Name: LlUIHJ ~ R~j7n " (Print) :E .[. Title: YlYR'LTt) V Of' F1'rL 1,;\1'I:'TI: Address: 7.b10 ~ l2.\!"'(Yr'HJF. ~L\J, 4'200 ~M1VV)4 fl ~51lSO Title: lC; t-J '\ Address:2MO:S 't\sU\\( N€ 1S\.v~..:It ZOO lAV'€kJll\~~ " 'fL 3"5. 110 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared/1j,~/ G~ Applicant and/or the owner of the property subject to the application, who being first by I executed this Affidavit for the purposes stated therein and that it is true and correct. as the authorized representative of the om, did s ea that he/she RUTHANN MOORE Notay Public - State of RaIda My Commission Expires Jun 20, 211114 Commission # CC912849 ..-:;:.'"~' ..... If'~ll': ...;. 'U' ... .'" ~.,~ APPLICANT REPRESENTATIVE AFFIDAVIT Pursuanl to Section 31-71(b)(2)(1) of the Clly of Avenlura Land Development Code, this Applicant Representalive Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for Ihe Development Pennll, which is idenllfied In Ihe accompanying application, and Ihe owner of the property subject 10 the application (If different) hereby lists and idenlifies all persons represenllng the Individual or entity applying for the Development Pennll In conneclion with the application, as follows: Name Relationship (i,e, Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Ph, III? J :r UJaN} PJ.I1K-"./r~' ,CC/LSi/./f&n.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(8)(2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATtONS 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 AFFtDAVIT BECOMES INCORRECT OR INCOMPLETE, WITNESS MY HAND THIS ~ DAY OF fe bf\.C ~, 200_'1 AUTHORIZE REPRESENTATIV OF APPLICANT: OWNER L flA , ignature) ,/ Name: 'J r tJjQ /^(/ (Print) Title: Cu /iJ 5u ttriKt Address: ;).,)'0 CQfti/ulLfd 1/(;(- ('orA Crlh/,,,,, flH13f STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) _ Before me the undersigned authority personally appeared 4 ~Ae/ ~uJ Applicant and/or the owner of the property subject to the application, who being first by me dul executed this Affidavit for the purposes stated therein and that it is true and correct. By: By: (Signatu Name: C-l1 L -oZ 0 vJ (Print) Title: ~'l1:S \3) € ~ I Address: 701/0 3. ~ \(( 1\'1 U'E B LV ~1J\n. LOD JJr.1JI< t-l rut A , f'l S3. \ SU SENT BY: UMue Ice BY MARRIOTT; ~OHle57517; AUG-~5.04 4:~2PM; PAGE; 2/~ . APPLICANT REPRESENTATIVE AFFIDAVIT . P""""nllO$8dlon 31.71(b)(2KI) 0I1h6 cav c/ Aventulll Land Oov.icpmOnl Cod..Ihi. ~ R,,!>,",ont'!JIVe AIlIdOvI1Is !lereby l!Illde aM submillOd, Tile und~ aulhOdztd repr"ent4iVll 01 thr: IMMduaI 01 Glllily l/jll)Ij1ngfa- lilt Dev<<opment PlJIIlIit, wtlIch iI idontifled III the ~companyjng appIcaJlon,lIIld tIleOWll" oIlhe prqleI1y subjectlO th. application (W(jIttrGnl) IlOltby lIlIand kI_ aU _1\lP....n1Mg tho indMdual or .1Iity opp/yIrlg for tho OllV8lopment ""'mil In OOIlnoctlon wilh Ihollflp/lcallon, 06 foil....: _ Name RelationshIp (1.0. Attomsya, ArclllltlCl.. .Md_ _, E<1Qi........ LfJ/JOy/rll.Etc,) _Carl Skiles _Benjamin Glidden _Edwin J, Fernandez _Engineer _Architect _SUrveyor (Attach AddUlOIlal SI1eelJ n NoCOSOllty) NOTICE: ANY STATEIIEI/T OR REPRESENTATION fMDE BY ANY PER80H USTEO ON TIll Al'PUOAIIT ftEPllESI!HTATlVE Al'P1DAm $HAlt. lIE SlNOlNG UPON THE INDlVIOUAL OR ENTfTY Al'f'L YING fOR THE D!VeLOPI&NT PERMIT AND Till! OWNER OF THe IlUBJECT PROPERTY, APPUCAHTS AND AFF1A/1T8 ARE AIlV1IlS1 TO TIMII. V IlUPPI.IMENT TIUll AFFllll<m PURIlUANT TO see. 3Hl(B)(2l(1V) OF TIlE CITY'S LANO DEVeLOPMENT IlEIlULATIONS IN TIll CITY CODE. IN TIlE EVENT TIlAT PRIOR TO CllftSIOERATlON OF TIlE APPliCATION BY TIlE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN TltE AFFlOAVrr 8IlCOIIES INCORRECT OR INCOMP\.ETE. \\'1TNESS MY HAND THIS_ DAY OF AUTHORIZED REPRESENTATIVE OF APPUCANT: ..I20Q4. By: x Name: (SlWI.tu1l!! (PrinO 1111e: Address: Address:-2O$03 Bisoayne Blvd. f203 _Avootura, Florl<la33180. STATE OF MAIDA ) COUNTY OF MlAMl-OADE) ~ the authorized eworn, did swear or affirm -----. . ...................................."""..'1 Mycommi$$ioo expIres:~ MOClRIl . ColMtlIDI:l~n'I" .l\ "..,.._ I' ~ _"'~1S4 i "." ____,.... 10...............................\............1 . BUSINESS RELATIONSHIP AFFIDAVIT* Thi' Affidavit IS made pursuanllo Section 31,71(b)(2)(1i) of Ihe Cily of Avenlura Land Development Cade, The undBfSigned Alliant hereby dis~oses that: (marl< with 'x' applicable portions only) Ix) 1. Affiant does nol have a Business Relationship with any member of the Cily Commission Of any Cily Advisory Board to which the application will be presented. I ] 2. Affianl hereby discloses that II does have a Business Relationship WITh a member of the City Commission or a C;ly Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I] i Member of City Commission Of Board hold, an ownership interesl in excess of 1% of total assets Of capITal slack of Applicanl or Representalive; [jii. MeiOOer 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; [I iii. The Applicant or Representative is a Client of a member of the City COlTVllission or Board or a Client of another professional wor1<.lng 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; I J v. The Applicant or Representative is a Customer of the member of Ihe City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of Ihe business of the member of the City Commission Of Board (or his or her employer) in a given calendar year; ( ] vi. The member of the City CommissiDn 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, (Signature) (Pnnt) (Pnnt) WITNESS MY HAND THIS $. DAY OF , 200';< By: Name: Title: PRO PERT X By Name: Title: (Signature) (Pnnt) (Pnnt) 'The terms "Busrness Relationship: "Client: "Customer: "Applicant: "Representative" and "Interested Person' are defined in Sectson 2,395 otthe Aventura City Code. NOTARIZATION PROVISION STATE OF FLDRIDA I COUNTY OF MIAMI,OAOEI Before me, the undersigned authority, personally appeared MICHAEL he/she executed this Affidav~ for the purposes stated therein and that ~ is true and correct. SWORN TO AND SUBSCRIBED before me this ~ay of / by me duly sworn, did swear or affirm that TTTNF. 1.............-............................ . RUTHANN MOORE i CCUII1- :I ~_ i ., (IOO)432-t254: : OF,:; -= ':.vAlln.olne i. 1.................,'1,........-..111............ STATE OF FLORIDA ) COUNTY OF MIAMI,OADEI Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true aOO correct. 1he Affiant, who being first by me duly sworn, did swear Of affirm that AFFIANT SWORN TO AND SUBSCRIBED before me lhi, _ day of ,200__ Notary Public State of Florida At Lalge Printed Name of Notary My commission expkes: STATE OF FLORIDA I COUNTY DF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/sM executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being 1V'st by me dulY sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public Stale of Florida At Large Printed Name of Notary My commission expires- STATE OF FLORiDA ) COUNTY OF MIAMI-DAOEI Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the PllfPoses stated therein and that it is true and oorrect. the Affiant. who being first by me duly sworn, did swear or affifTl'l that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 20<L Notary Public State of Flork:la At Large Printed Name of Notary My commission expires: .~ :M: ...."""'.'!#" BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavil is made pursuanllo Section 31,71(b)(2)(ii) of Ihe Cily of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark wilh "x' applicable portions only) .P(1 Affiant does nol have a Business Relalionship with any member of the Cily Commission or any Cily Advisory Board to which the application will be presented. [ ] 2. Affianl hereby discloses Ihat il does have a Business Relalionship wilh a member ot Ihe City Commission or a Cily Advisory Board 10 which the application will be presenled, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List Cily Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of Cily Commission or Board holds an ownership inlerest in excess of 1 % of lolal assels or capilal slock 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 Iisled on any nalional or regional stock exchange) or joinl venturer with the Applicanl or Represenlalive in any business venture; [] iii. The Applicant or Representative is a Clienl ot a member ot the City Commission or Board or a Ciienl of anolher professional working from Ihe same office or for Ihe same employer as the member of Ihe Cily Commission or Board; [] iv. A Cily Commissioner or Board member is a Clienl of Ihe Applicant or Representative; [] v. The Applicant or Represenlalive is a Cuslomer of the member of Ihe City Commission or Board (or ot his or her employer) and transacts more than $10,000.00 ot the business of Ihe member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the Cily Commission or Board is a Customer of Ihe Applicanl or Represenlalive and transacts more Ihan $25,000.00 of Ihe business of Ihe Applicanl or Representative in a given calendar year WITNESS MY HAND THiS DAY OF ,200_ APPLICANT: By: Name: Title: (Signature) (Print) (Print) WiTNESS MY HAND THIS DAY OF ,200_. PROPERTY OWNER: By: Name: Title: (Signature) (Prinf) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 7 DAY OF ~I\e , 2ooQ4 ed on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Name: (Print) Title: (Print) Title; (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By; (Signature Title: (Print) Title; (Print) Title: (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: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timeiy supplement this Affidavit pursuant to Sec, 31-71(b)(2)(iv) of the City's Land Deveiopment 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) CI Fe A.4_5kv1-"'1tl,',' Before me, the undersigned authority, personally appeared .. l fc c: the Affiant, w he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO ANO SUBSCRIBED before me lhi, '1 <!:I day of ~ j iII.J STATE OFFLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. firs 'y me duly sworn, did swear or affirm that AFFIANT , 200~ rn.~~fWeR.,Q.. Nalary Public Slate f Florida At Large 1rK.AA-~...::r Q u dv Printed Name of Notary My commission expires: gj ~a lev the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT ,200_. 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 SWORN TO AND SUBSCRIBED before me lhis _ day of STATE OF FLORIDA I COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT ,200_. Notary Public State of Florida At Large Printed Name of NOlary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that 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: .~' " f:',T:c:~" " ~IJV, "'>.fE~ 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 wilh 'x" applicable portions only) ;r<l: 1. Affiant does not have a Business Relalionship with any member of the City Commission or any Cily Advisory Board to which Ihe appiication will be presenled. [ ] 2. Affiant hereby discloses thai it does have a Business Relalionship wilh a member of Ihe Cily Commission or a Cily Advisory Board 10 which Ihe appiication will be presented, as follows: (Lisl name of Commissioner or Advisory Board Member) who serves on Ihe (List Cily Commission or City Advisory Board upon which member serves). The nalure of the Business Relationship is as tollows: [J i. Member of City Commission or Board holds an ownership inlerest in excess ot 1% of lolal assets or capilal stock of Appiicant or Represenlalive; [] ii. Member ot Cily Commission or Board is a partner, co-shareholder (as to shares of a corporafion which are not listed on any nalional or regional slock exchange) or joinl venlurer wilh the Applicanl or Representative in any business venture; [] iii. The Appiicanl or Representative is a Clienl of a member of the City Commission or Board or a Client of anolher professional working from the same office or for Ihe same employer as Ihe member of Ihe Cily Commission or Board; [ ] iv. A Cily Commissioner or Board member is a Client ot Ihe Applicant or Representative; I] v, The Appiicant or Represenlalive is a Cuslomer of Ihe member ot the City Commission or Board (or of his or her employer) and transacls more Ihan $10,000.00 of Ihe 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 Cily Commission or Board is a Cuslomer of Ihe Appiicant or Representative and transacts more Ihan $25,000,00 of the business of Ihe Appiicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_, APPLICANT: (Signature) (Print) (Print) By: Name: Title: WITNESS MY HAND THIS DAY OF ,200_. PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Tille: 'The terms "Business Relationship: "Client," "Customer: "Applicant," "Representative" and "Interested Person" are defined in Section 2,395 of the Aventura City Code, WITNESS MY HAND THIS JL DAY OF 'J' UIle. ,2001 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: ~ ~fWl(Slgnature) By: (Signature Name: fV1a(,() (?a(~i!t:~,,(, (Print) Name: (Print) Title: Aj-b{l\ey (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille: (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, 3l-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) MG. <' "na a.'c '" - -"?illl Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he/,he execute<!lhis Affidavil for Ihe purposes stale<! therein and lhal il is lrue and correct 11f.~ ~ "^"\. ~T ~ ~ "'" 1 SWORN TO AND SUBSCRIBED eoram CAROLYN P HODGE NarARY PUBIJC STATE OF FLORIDA COMMISS!O~I i'::,; D0039618 MYCOMMrS510N DF. IC;f Y 52005 "-~"_'''_'.'''>__'..,_.:_.......i:_ Printed Name of Notary My commission expires: STATE OFFLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared hefshe executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of ,200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED betore me this _ day of ,200_, Notary Public State of Florida At large Prinled Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200_, Notary Public Stale of Florida At Large Printed Name of Notary My commission expires: ~1I1 ~- BUSII SS RELATIONSHIP AFFIDA "* 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 wilh 'x' 7Plicable portions only) ~ 1. Affiant does not have a Business Relationship with any member of Ihe Cily Commission or any City Advisory Board to which Ihe application will be presented, I ] 2, Affianl hereby discloses that il does have a Business Relationship with a member of the City Commission or a Cily Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (Lisl Cily Commission or Cily Advisory Board upon which member serves), The nalure of the Business Relalionship is as follows: [ ] i. Member of City Commission or Board holds an ownership inlerest in excess of 1 % of total assels or capitai slock of Applicanl or Representative; [I ii. Member ot Cily Commission or Board is a partner, co,shareholder (as to shares of a corporalion which are nol lisled on any nalionai or regional slock exchange) or joint venturer wilh the Applicant or Represenlative in any business venture; [] iii. The Applicant or Representative is a Client of a member of Ihe Cily Commission or Board or a Clienl of another professional worl<ing from Ihe same office or for the same employer as Ihe member of the Cily Commission or Board: [ ] iv. A City Commissioner or Board member is a Clienl of Ihe Applicanl or Represenlative: [] v. The Applicant or Represenlative is a Customer of the member of the City Commission or Board (or of his or her employer) and Iransacls more than $10,000,00 of Ihe 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 Cily Commission or Board is a Customer ot the Applicanl or Representative and transacts more Ihan $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS J3- DAY OF:r ~ ~ \'\X- r1 ,200A, APPLICANT: By: ~' ~ (Signature) Name: I.f. 1I.... E.Il.O.- (Print) Title: L11lv L B\lttn: (Print) WITNESS MY HAND THIS-k DAY OF ;:t..J,/",,~ ,200( (Signature) (Print) (Print) 'The terms 'Business Reiationship: 'Client: 'Customer: 'Applicant: 'Representative" and "Interested Person" are defined in Section 2-395 of the Aventura Cffy Code. 14 REPRESENTATIVE: (Listed on Business Relationship Affidavit) By: '---- . ~Slgnature) By: (Signature Name: LlLl "UP. 1-I1tfUO (Print) Name: (Print) Tille:!>' ~t::(11) V 1}f ~frtt. (Print) Tille: (Print) f>Th~ By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) B Y: (Signature) By: (Signature Title: (Print) Title: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Tille: (Print) Tille: (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, 3l-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, 16 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DAOE) Before me, the undersigned authority, personalty appeared UU/tAlfJ "Z1JEII6 the Affiant who being first by me duly sworn, did swear or affirm thaI he/,he executed thi, Affidavll for lhe purposes staled lherein and thaI II ~ true and correct, '\?-/ . SWORN TO AND SUBSCR ED before me~" 00 Nofay PI.tlIIc - Sfcte of FIorlcb _CO...M... EllpIres Jun 2ll. 211114 CcmmlssIon * CC912849 rinted Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public Stale ot Florida Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA I COUNTY OF MIAMI'DADE) Before me, the undersigned authority, personally appeared helshe executed this Affidavit for the purposes stated therein and that it Is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before melhis _ day of ,200_, Notary Public Stale ot Florida Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duty sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public State of Florida At Large Printed Name of Notary My commission expires: WITNESS MY HAND THIS DAY OF ,200_, 15 g<'\\ ,.' , '-. ('lE': : ~'" .~. ,,",of"" BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavil is made pursuanllo Section 31,71(b)(2)(ii) ot the City of Avenlura Land Development Code, The undersigned Affiant hereby discloses that: (mark wilh 'x' applicable portions only) kt1. Affiant does nol have a Business Relationship wilh any member of the City Commission or any Cify Advisory Board 10 which Ihe applicalion will be presented, [ 12, Affiant hereby discloses thai it does have a Business Relalionship with a member of the City Commission or a Cily Advisory Board to which the application will be presented, as follows: (UsI name ot Commissioner or Advisory Board Member) who serves on Ihe (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 lotal assets or capital slock of Applicant or Representative; I J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporalion which are not listed on any national or regional stack exchange) or joint venlurer wilh the Applicant or Representative in any business venture; [] iii, The Applicanl or Representative is a Client ot a member of the City Commission or Board or a Client of another professional working from Ihe same office or tor Ihe same employer as Ihe member of the Cily Commission or Board; [] iv, A Cily Commissioner or Board member is a Clienl of the Applicant or Representative; [I v, The Applicant or Represenlative is a Cuslomer of the member of the Cily Commission or Board (or of his or her employer) and transacls more Ihan $10,000,00 of the business of the member ot Ihe Cily Commission or Board (or his or her employer) in a given calendar year; I J vi. The member of the City Commission or Board is a Cuslomer of the Applicant or Represenlative and Iransacts more than $25,000,00 of the business of the Applicant or Represenlative in a given calendar year. WITNESS MY HAND THIS JL DAY OF~, 200A -1 ~~I~ ~/~'OVd (Signafure) (Print) (Print) WITNESS MY HAND THIS ~ DAY OF :;;: ~d ~uy ,20~ (Signature) c.V (Print) (Print) 'The terms "Business Relationship: "Client," "Customer: "Applicant: "Representative' and "Interested Person" are defined in Section 2-395 of the Aventurn City Code, 14 WITNESS MY HAND THIS J.L DAY OF (}I au ~ By: (Signature) , (Print) Title: COj(; 5{1! !u1J-{ (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Name: (Print) Title: (Print) B y: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) ,2001- By: (Signature Name: (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) Title: (Print) 8y: (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 See, 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration ofthe applioation by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 9 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, lhe unde"ignod authority, pe"onally appeared 11ft LtP he/she executed this Affidavit for the purposes stated therein and that it is true and correct. RUTHANN MOORE Nolay Public - Stole of florida ~ Commission ExpIres Jun 2ll 2IllM Commission /10 CC912&W ted Name of Notary commission expires: SWORN TO AND SUBSCRIB STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me lh;, _ day of ,200_. Notary Public Stale at Flooda At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI'DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200_. Notary Public Stale of Flood. Al Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI'DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me lhi, _ day ot ,200_. Notary Public State of Flooda At Large Printed Name of Notary My commission expires: WITNESS MY HAND THIS DAY OF ,200_, 15 II "'..,,,,_V BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31,71(b)(2)(ii) of the City of Avenlura Land De,elopment Code. The undersigned Affiant hereby discloses thaI (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 wi<< be presented. [ 12. Affiant Itereby discloses that it does have a Business Relationship with a member of the City CommiSSioo or a City Advisory Board tp which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on lf1e (List City Commission or City Advisory Board upon which member serves). The naure of Ihe 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; r I ii. Member of Cily Commission or Board is a partner, co-shareholder (as to shares 01 a corporation which are not listed on any nalional or regional stock exchange) or joinl venturer with the Applicant at Representative in any business venture; II 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 t~e member 01 the City CDmmission or Board. [1 iv A City Commissioner or Board member is a Client of the Applicant Of" Representative; l] 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 J vi The member of the CJty 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 WITNESSMYHI\NDTHIS---11.DAYOF February ,2004. By: Name: Title: ,200~ (Signature) D (Plint) (Print) 'The terms "Business Relationship: "Client," 'Customer: "Applicant: "Representative" and "Interested Person" are defined In Section 2.395 of the AlI!lntura City Code. 14 170'd IGIB6SB SOE '~UI VMdO dIS:IO 170-II-qa~ "~ej'O~~ShiPAffidavit) ~ ~~" (Signature) Name: njamin J. GliddefPrin~ Title: Senior Partner (Print) By: (S~nature) Name: (Print) Tille: (Print) By: (Signature) Name: (Print) Tille: (Print) B y: (Signature) Tille: (Print) Tille: (Print) 8y: (Signature) Title: (Print) Tille: (Print) By: (Signature) Tille: (Print) Tille: (Print) By: (Signature Name: (Print) Tille: (Print) By: (Signature Name: (Print) Tille: (Prin~ 8y: (Signature Name: (Print) Tille: (Print) By: (Signature Tille: (Print) (Print) Tille: By: (Signature Tille: (Print) (Print) Tille: By: (Signature Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applioants 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, 16 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Benjamin J. Before me,!he und",igned ault1o~, pefSOnal~ appeared Gli de he/she executed this Affidavil for the purposes stated tnereln and that It Is true and correct. ,:~-:;;f:;::;, ~4*~#j ,ff""" 10 CYNTHIA M. PFLAUMER MY ,;OMMISSION # DO 086449 EXPIRES January 24, 2006 3undc,~ 1'0:" "iGlarv P~blic Underwriters ~. SWORN TO AND ";~-;-,........~- ~~ Notary ubllc State of Florida At Large Cynthia M. Pfl~lIm""r Printed Name of Nolary My commission expires: Tan 24, 2006 STATE OF FLDRIOA ) COUNTY OF MIAMI,OADE) Before, me, the undersigned authority, personally appeared J1'J,d1u ~uJ the Affiant who bei rst by me duly swom, did sweat or affirm that he/she executed thIS Affidavit forthe purposes stated therein and \hat it is true and ~ SUBSCRIBE'1fI1n'lAlll~ '-:'1." /, Notay PubI1c - State of ~ My Commission Expires Jun 20. 2004 Commission Jt CC912B49 Printed Name of Notary My commiSslon expirns:_. SWORN TO AN STATE OF FLORIDA ) COUNTY OF MIAMI,OAOE) Before me, the un4ersigned authority, personally appeared helshe executed this Affidavit fct the purposes stated therein and that It Is lrue and correcl ttle Affiant who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of _~, 200__ Notary Public State Of Florida Al Large Printed Name of Notary My commission expires:___. STATE OF FLORIDA ) COUNTY OF MIAMI,OADE) Before me, the Ilrtjersigl'\ed authority, personally appeared _ he/she executed 11115 Affidavn l(lf the purposes stated therein and Ihal it is true and correct the Affiant. who being first by me duly SW(lrn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before malhi, _ day of ,200_. Nota'Y Public State of Florida A1 Large Printed Name of Notary My commission expires:~___~_ WITNESS MY HAND THIS DAY OF ,200_. 15 SO"d 12186S8 SOl: "~UI VMdO dlS:l0 ~O-II-qa~ Ii ~~"fP"'~ BUSINESS RELATIONSHIP AFFIDAVIT* ThiS Affidavit i, made pursuant to Seclion 31'71(b)(2)(ii) ot Ihe CilY of Avenlura Land Development Cade, The undersigned Affiant hereby discloses Ihal: (maO\ with .x' applicable portions only) ,XI. Affiant does nat have a Business Relationship wilh any member of the Cily Commission or any City Advisory Board to which lhe appllcalion will be presented. [ }2. Affiant ~ereby discloses that il does have a Business Relationship with a member of the City Commissloo Of a City Advisory Board 10 which the application will be presented, as follows: (List name of CommissIoner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves) The nature of the Business RelationshIp is as follows: [1 \. Member of City Commission or Board holds an ownership interest in excess of 1% of talal assets or capital stock. of Applicant Of Representative: { I ii. Member of City Commission or Board is a panner, co-shareholder (as to shares 01 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: [1 iii. The Applicant or Representative is a Chent of a member of the City Commission or Board or a Client of anolher professional working from the same office or for the same employer as the member ollhe City Commission or Board: [1 iv A City Commissioner or Board member is a Client of the Applicant or Representative; [)v. The Applicant or Representative is a Cuslomer of ttle member of the City Commission Of Board (or of his Of her employer) and transacts more than $10,000.00 of tt1e 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 /2... DAY OF j--e.i; .2001- ;~::~f~~ f~~~~turn) Tille: P. B . (Prinl) WITNESS MY HAND THIS It:. DAY OF ~.J.JT-' 2~ PROPER WNE: (Signslurn) (Pnnt) (Print) 'The terms 'Bus; alionship,' "Client," "Customer," "Applicant,' "Representative" and 'Interested Person" are defined In Section 2,395 ofthe AVl1ntura Cily Code. 14 VO'd t2tB6SB SOE: '~UI VMdO dOt:20 vO-tt-qa~ REPRESENTATIVE: (Liste~ on Business Relationship Affidavit) By;a/ ~~(Sjgnature) Name ~r/ L. ~/f.L(print) Title /? e::. __ _~jPrint) By:,_JSignature} Name: (Print) Title: _(Print) By: ___(Signature) Name; (Print) Title: __ __(Print) 8 y: ___ _(Signature) Tille: (Print) Title; (Print) By: __ _(Signature) Title; _____-IPrint) Title: ___(Print} By: ,(Signature) Title: ____(Print) Title; (Print) By: (Signature Name: (Print) Title: (Print) By: (Signature Name' (Print) Title: (Prinl) By: (Signature Name: (Print) Title (Print) By: (Signature Title: (Pnnt) Title: (Pnnl) By: (Signature Tille: (Print) Tille: (Pnnt) By: (SIgnature Tille: (Print) Tille; _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants ami Artiants are advised to umely supplement this Affidavit pursuant to See, 31,71(b)(2)(iv) of the City's Land Dt:\'clopment Regulations in the City Code, in the event that prior to consideration of the application by th~ City Board or Conunission, the information provided in the Affidavit becnmes incorrect or incomplete. good T2T8658 50E 16 -~UI ~Mda dTT:20 vO-Tt-qa~ NOTARIZATION PROVISION STATE OF FLORIDA ) CDUNTY OF MIAMI'DADE) 8elore me, Ute undersigned authority, personally appeared ~/ L, he/she executed this Affidavit fOf Ihe purposes :stated therein and that it is true and correct. SK/~e Affianl who being firs! by me duly sworn, did swear or affirm Ihat ~~~ AFFIANT SWORN TO AND SUBSCRIBED before mothi, R day of Fd,.Jt .J f .200~ cyt ~ N'~l:: .~Florid~tLarge t;/; :-,cen:.DOl81111ll Prin\odNameofNoill ".,,'i!'i!.,~~,llO.',~,__""'_,.,,"_,~2:lXl~~,~ion,~'~~~~~,=,~_:_O..J STATE OF FLORIDA ) COUNTY OF MIAMI,DADEI ' Before,me, the tmdersigned authority, personally appear4J'~ ~the Affianl. who being firsl by me duly swom, did swear or affirm that helshe executed thl$ Affidavit for the purposes stated lI1erein and that it is true and correct. SWORN TO AND SCRIBED b~~6"R Hofay Nlllc - Slate of FlorIda M, Comh~1 fxp/res Jun 20. 2llO4 CommIsston 1# CC912849 STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the undersigned authority, personally appeared he/she sll.f!Culed this Affidavit let the purposes stated therein and that it is true and correct _ ___ t11e Affianl, who being first by me duly sworn, did swear or affirm lhat AFFIANT SWORN TO AND SUBSCRIBED belore me lhls _ day 01 .200". Notary Public State of Florida At large Prinle<:l Name 01 Notary My commission eltpires:____. STATE OF FLORIDA I COUNTY OF MIAMI,DADE) Beton!' me, the ureersigned authority, peoonally appeared he/she executed this Affidavit lor the purposes slated therein and Ihal it is true and correct. the Affiant who being first b'( me duly SWOIn, dkl swear or affirm Ihl!lt AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ NOlary Public Stale of Florida At Large Printed Name 01 Notary My commission expires:____ WITNESS MY HAND THIS DAY OF ,200 . 15 SO-d tc::tS6SS SOE .~UI VMdO dOT=ZO vO-TT-qa~ 3D . AI"'PLlCANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31~71(b)(2)(i) of the City of Aventura Land Development Code. this AppliCMt Representative Affidavit is hereby made Cfld submined. The undersigned authOrized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying appllcalion, and the owner oI1he property subject to the application I_ differenl) hereby lists lIld identifIeS all persons representing 1I1e individual or enUIy applying for 1I1e Development Perm, in connection ",th Ihe application, as follows: Name Relationship (i... Anomey., ArchitBcts, L.ndscspB Architects, Engineers, Lobbyists, Etc.) _Clifford A, Schulman Attorney _Mario J, Garcia-Serra Attorney 1 (AItach Additional Sheets If Necessary) NOTICE: AllY STATEMENT OR REPRESENTATION MADE BY AIr( PERSON LISTED ON THE APPUCANT REPRESENTATIVE AfFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AllD THE OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AfFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AfFIDAVIT PURSUANT TO SEC, 31-71(B)(2XNl OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICAnON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIlAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS _ DAY OF ,200_ . By;_.. X 8y (Signatu Name: MI C (Print) Title: PRFSTnFNT AUTHORIZED REPRESENTATIVE OF APPLICANT: (Signature) Name:_Clifford A. Schulman, Esq, (Print) Trtle:_Attorney Address:_1221 Brickell Avenue Address: 20803 BISCAYNE BLVD., 11200 AVENTURA, FL 33180 _Miami, Florida 33131 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared MICHAEL BEDZOW Applicant and/or the owner of the property subject to the application, who being first b executed this Affidavn for the purposes stated therein and that it is true and correct, My commission expires: r...,...........~....................--..I : RUTHANN MOORE : I 'f' CorNnIOOD2U,et! !~'.-.!~ --! ,.. hu~: , : (!f,r.: FklrtdI NoIMV Aan.. InC . :................................\............. as the authorized representative of the m, . e SWORN TO AND SUBSCRIBED BEFORE ME this 'l- day of JUN a APP~ ANT REPRESENTATIVE AFFIDA Pursuant to Section 31,71(b)(2)(i) of the City of Aventura Land Development Code, this Applicanl 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 lor Ihe Development Permit in connection with the application, as foilows: Li U RtJlI kr& 820 Relationship li,e, ANomeys, Architects, Landscape Architects, Engineers, Lobbyists, Eto,} fj)lee:~TOl? OF 1!67Jt 6;.r;r~ Of.l/1lle t? ZliPiZ U EA/T}fTlI/C.- Name - (Attach Additional Sheets II Necessary) NOTICE: AWf STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BtNDtNG UPON THE INDMDUAL 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)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONStDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE, WITNESS MY HAND THIS 13- DAY OF fPh/lJCi ~ ,2004 AUTHORIZED RE~ATIVE OF APPLICANT: BY:~ ,~. (SigflPlu5e) Name:LILlIHJto\ ~r~~..p() '" (Print) 17 r- Title: ..YI.yPZ:.:t't> 17 Of t-F1'r\ -t..<\I'\"~ Address: 7.b10 ~ ~\!"(~'{rJf: 'iL\I. =ta>O Jk.Jf. N.1UV J4 f I g3 \ )it) Title: ~ l-J \" Address:2MO:S ~~O\~ tJ'€ '\?,\.v.i) ~ loo ,tAlIl:;kJl'l\V~ \ 'fL 3'S 110 STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) BeIDre me the undersigned authority personally appearedfJj,c/,*1 G~ Applicant and/or the owner 01 the property subject to the application, who being first by I executed this Affidavit lor the purposes stated therein and that it is true and correct, as the authorized representative Df the Dm, did s ea the/she tary ublic State of Florid Printed Name of Notary My , RUTHANN MOORE Nofay PlbIlc - Stole of FIcrlda My Commission Elcp/res Jun 20. ZlO4 Commlsston *' CC912849 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City ot Aventura Land Development Code, this Appliesnt Representative Affidavit is hereby made and submitted, The undersigned authorized representative of the individual or entity applying for the Deveiapment Permit, which is identified in the accompanying application, and the owner of the property subject to the application (n different) hereby lists and identifies all persons representing the individual or entity applying for the Deveiopment Permit in connection with the appliestion, as follows: Name Relationship (I,e, Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) PhJ/J / :T UJaN} Pl-a/<./I./UI ,Ui<,s(j/fln:l' / .lo (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 INDMDUAL 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 SEe, 31-71(B)(2){1V} 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 f'e l",.r-.:a Me-- 200_l{ AUTHORIZ REPRESENTATIV OF APPLICANT: OWNER ignature) Name: r t1JQ nl (Print) TiUe: C"j.;Ju ttut Address: ;J-J'o [(Jili [}I/;td 4f!f- ('or,! C-/lb/Oj, t1J5f3y STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) , Before me the undersigned authority personally appeared 4 cAAe/ ~~ Applicant and/or the owner Df the property subject to the application, who being first by me dul executed this Affidavit for the purposes stated therein and that it is true and correct. By: By: (Signatu Name: U L OZ'o vJ (e~ TiUe: ':?~ \3)€V, Address: 10"/0 3. ~ \~:r"''11.JE RtU ~olTE '-DO ~TW^, -fL 53. \f:3D FI SWORN TO AND SUBSCRIBED BEFORE ME thi~ day of p ~...~,{' . 200/ as the authorized representative of the sworn, did ear or affirm that he/she ,. SENT BY: OMue lee BY MARRIOTT; MHl957517j Aua.~5-04 4:~~PMj PAOt ~J~ ,t} APPLICANT REPRESENTATIVE AFFIDAVIT p...-to SeaIoIlS1-71(bJ(2)(I)<I IhO Cly d A_ Lard 00vtIc>pm0nl Codo, IhIoAflllconl ~ AIIIclOvlIIf ""oby I11Ildo an<I S\bnillGd, Tilt und~lUI1Q<Iztd teprlflll'Mfl'lll 01 tile 1n0lvldull .,_ ajlIl/)ingblht ~P<<Mt. _ i11der1til1ed1n the ~anyillg IppblIon. WId 1ha000tl 0/ tho pIqlel1y ~1O Iha app/icallon (ifdiffer.-.r) heltbyllla and Idenllfieo ~ _ ~ lhe indIVIdual or .lIiIy 'fllIIying Iorllla DeveIopmMl_1n oonnectIan wilh the lIjlp/Jcatlon, as l01I....: . Name Relationship ~,., A_yo, IlIcllltod.. LMd_ _~L_.E'",} _Cart Skiles _Benjamin Glidden _Edwin J, Fernandez _Engineer -"rchltecl _SUrveYOr (Allach Addl1fonal Sheets " HeoeaaIYl HOT1Ce: AllY STATEMEIIT 011 RiPRESENTATIOHIMDE BY Arty PER80II Ll8TElI ON THUPPUONIT RI!PIlESI!HTA'I1Vl! API'1DA'IIT &lIALl. BE IlINDlNQ UPON THE lNOIVlDUAL OR ENTITY APflLYIlO l'OlI 'IlIE DEVeLOl'III!IlT PERMIT AIIll TItE OWHI!R OP THe SUBJECT PIlOPERTY, APPUCAHTS AND AFPIANTtl ARE ADVISED TO T1lII1.Y 8UPPLlMENT nlI8 APl'1lIA'IIT PUIl8UAHT TO sEe. 'Hl(1lJ(lJ(lV) OF THE CITY'll LAHO 1lEVEL0000EIIT Ill!GULATlOH8IN 1HI CITY CODe, IN THE EVEIIT llIAT PRIOR TO CONSIDERATION OF THE APPlICATION BY THE CITY BOARD OR COMMISSION, THE INPORMATIOIt PIlOVlDEO IN TltE AFflDAVff BeCOMES INCORRECT DR INCOlIPl.ETE, v.1TNESSt.1YHANO'1l1l$_OAYOF __ "i!004, AUTHORIZED REPRESENTATIVE OF APPUCANT: By x ll' , Name: (SIQnaJure) (Prln~ TIlle: Md<ess: A4tese:Jll8oa e;,oayne 1lMl. f200 _Wlula, FlorIda 33180 STATEOFFt.OFlIDA ) COUNTY OF MIAMI-OAOE) Befo(e ma I1a undertlgned aUlhorlty porsonally appeared _Mid1aeI Iledzow ,epresenlallve of the ~l and/or Iht owner of"... Property oubjoot 10 the -Wlic;allon, th<<I heilhe llXeculed Ills Alfidavl for the pI.l'pO$68 staled tlleroil and that ~ Is true and x My COlMlI$eIon elIl'Ire.t; _._MMM_....Mm'-.1 ~B> _oem".. .. ~- F~ ""-hv(lOO}tU 1H4 ,,- --_.... lu.............................~.....1 --. , --- SWORN TO AND SUBSCRIBED BEFORE ME1h~V Of . BUSINESS RELATIONSHIP AFFIDAVIT* nlis Affidavit is made pursuant to Section 31,71(b)(2Xii) of the City of Avenlura Land Development Code, The undersigned Affiant hereby dscloses that: (rnar1< 'Mth 'x' applicable portions only) Ix 11. Affiant does not have a Business Relationship wtth any member of the City Commis~on or any City Advisory Board to which the application "'II be presented. [ J 2, Alliant hereby discloses lhat II does have a Business Relationship ",lh a member of lhe City Commission or a City Advisory Board to which the application wilt be pl8Sented, as follows: (Ust name of Commissioner or Advisory Board Member) who serves on the (Ust Oly Commission or City Advisory Board upon which member sarves), The nature af the Business Relationship is as follows: [J I. Member of City Convnisslon or Board holds an ownership interest in excess af 1% af tota assals or capital stock of Applicant or Raplesentative; II H. Member af City Commission or Board is a partner, co-shareholder (as to shares of a alIpOl'alion which are nof IIsled on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; 11111. The Applicant or Representative is a Clienl of a member of the City Cornnission or Board or a Client of anolher professional wor1dng from lhe same office or for Ihe same employer as Ihe member of the City Commission or Board; [J iv, A City Commissioner or Board member is a Client of the Applicant or Representative; II v, The Applicanl or Representative is a Customer of Ihe member of lhe 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 oalendar yea~ [J vi, The member of lhe City Cornn~slan or Board is . Customer of lhe Applicant or Represantative and transacts more lhan $25,000.00 of lhe business of the Awlicanl or Representative In a given calendar year. WITNESS MY HAND THIS _ DAY OF 200_, APPliCANT : By: Name: Titie: (Signa/ure) (Print) (Print) WITNESS MY HAND THIS $ DAY OF PROPER X By: ' Name: Title: 2OO~ Signature) (print) Print) 'The terms 'BUSiness Relationship,' 'Client,' 'Customer,' 'Applicant.' 'Representative' and 'Interested Person' are defined in Section 2.395 of the Ali9ntura City Code, NOl ARIZA liON PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the unders~ned authority, pefSOl1ill~ appeared MICHAEL nelshe ",ecuted thl' Affidavit for ItIa pu_ stIted therein and thall is tnJe and correct by me duly sworn, did swear or affirm that SWDRN TO AND SUBSCRIBED bafore me this ~ay of TTTNE (' ,......-.....__.UJ..........,.... . RUTIWlN MOORE ! OI:lUHtM ! m ...-_! '." _...\IllOIC320GS41 ..." ___Incl i..........,............H.NHA_..~....1 STATE DF FLDRIDA ) CDLNTY OF MIAMI-OADE) Before me, the undersigned aull1orily, personal~ ap!>eatOd heJshe executed this Aftidavitforthe purposes stated therein and thai ij is true and correct. 1he A.ffiant, who being first by me duly sworn, did swear or atnnn that AFFIANT SWORN TD AND SUBSCRIBED before me this _ day of ,200_, Notary Pubic Slate of Florida At La'lle Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me, the undersigned authortty, personally appeared helshe executed this Affidavit for the purposes stated therein and thai ~ is true and correct. the Affiant who being tk'st by me duly sworn, did swear or atfIrm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_, Nolary Public Slata of Florida At La'lle Printed Name of Notary My--' STATE OF FLORIDA ) CDLNTY OF MIAMI-OADE) Before me. the undefSigned authoftty, pel10nally appeared helshe executed this Affidavit for the purposes stated therein and that It is true and correct. tie Affiant who bei1g frst by me dUy sworn, did swear Of afftnn tIat AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_. Notary Publk: Slala of Florida At La'll" Prinlod Name of Notary My commisSion explres: .. F' ' r'. ~~~r9 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavil is made pursuant to Section 31'71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (marl< with 'x' applicable portions only) .M1, Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which Ihe application will be presented. [ J 2, Affiant hereby discloses that it does have a Business Relationship with a member of Ihe City Commission or a City Advisory Board to which the appiicalion will be presenled, as follows: (List nal1]~, of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of Ihe Business Relationship is as follows: I J I. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or caprtal stack of Applicant or Representative; [] il. Member of City Commission or Board is a partner, ca-shareholder (as to shares of a corporalion which are nol listed on any national or regional stock exchange) or joint venturer with the Applicanl or Representative in any business venture; [] iil. The Applicanl or Represenlative is a Clienl of a member of the Cily Commission or Board or a Client of another professional working from the same office or for the same employer as Ihe member of Ihe Cily Commission or Board; [] iv, A City Commissioner or Board member is a Clienl of the Applicanl or Represenlalive; [] v, The Applicant or Representative is a Customer of Ihe member of the City Commission or Board (or of his or her employer) and Iransacis more than $10,000,00 of the business of the member of Ihe 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 $25,000,00 of the business of the Appiicanl or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_, APPLICANT: By: Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS PROPERTY OWNER: DAY OF ,200_, By: Name: Tille: (Signature) (Print) (Print) 'The tenns 'Business Relationship,' 'Client,' 'Customer,' 'Applicant.' 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code, WITNESS MY HAND THIS 7 DAYOF ~I\e , zOQg/f - ed on Business Relationship Affidavit) (Signature) By: (Signature ~d'dA'~"";""'1Print) Name: (Print) Title: A1tO(Ile.y (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 3 1-7 I (bX2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect or incomplete, STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Clff. ,4. 5 . ,,1/11<1-1 Before me, the undersigned authority, personally appeared lOre' c It the Affiant, w he/she exeoullld th$ Affidav~ for the purposes slallld lherein and that ~ $ true and oorred SWORN TO AND SUBSCRIBED before melh$ '1-l!lday of ~J Il\.J y me duly sworn, did swear or affinn that , 200~. 2x'l~~~ NRtary Public State : flonda At Large ~~l<e.""... j' IS... de. Prinllld Name of NOlary Myoomm~ionexpires: !l'~9.ICh STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) ~ il<lfore me, !he undersigned au1harity, pefSOnal~ appeared helshe exBCUllld lh$ Affidavit for the purposes stallld therein and that ~ ~ true and oorred the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me lh~ _ day of AFFIANT ,200_. NOlary Publio Slate 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me th$ _ day ot AFFIANT 200_. Notary Public Slate of Florida At Large Prinllld Name of NOlary My comm~ioo expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) il<lfore me, !he unders~ned authority, pefSOnal~ appeared heJshe exBCUllld th$ Allidav~ for !he purposes Slated therein and thaI ~ ~ true and oorrecl the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me th$ _ day of 200_, AFFIANT NOlary Pubiic Slate of Florida At Large Printed Name of Notary My oomm~ioo expires: BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses Ihat: (mark with 'x' applicable portions only) ;f<l: 1. Affiant does not have a Business Relationship with any member of the City Commission or any Cily Advisory Board to which Ihe application will be presented, I 12, Affiant hereby discloses that rt does have a Business Relalionship with a member of Ihe City Commission or a City Advisory Board to which the application will be presented, as follows: (Ust name of Commissioner or Advisory Board Member) who serves on the (Ust Cily Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as fallows: II i, Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capilal stock of Applicant or Representative; II ii. Member of City Commission or Board is a partner, co-sharehalder (as 10 shares of a corporation which are not listed on any nalional or regional stock exchange) or joint venturer with the Applicant or Represenlative in any business venture; [ 1 iii. The Applicanl or Represenlalive is a Clienl 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; I ) iv. A City Commissioner or Board member is a Client of the Applicanl or Representative; [I v. The Applicant or Representative is a Customer of the member of Ihe 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; II 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_. APPUCANT: (Signature) (Print) (Print) By: Name: Titie: WITNESS MY HAND THIS DAY OF ,200_. PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Titie: "The tenns "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2.395 of the Aventura City Code. WITNESS MY HAND THIS JL DAY OF :r lYIt , 2oo!f REPRESENTATIVE: (Listed on Business Relationship Affidavil) By: ,fltr.J.Mi ~r(Signature) By: (Signature Name: Ma<iIJ 0;1a(u":5e,,c, (Print) Name: (Print) Tille:A.!iO(lIey (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) 8y: (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 oonsideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, NOTARIZATION PROVISION ST ATE OF FLORIDA ) COUNTY OF MIAMI-DADE) M G <' "no a,'c iC/- .;e,U:" Before me, the undersigned authority, personally appeared the 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. ~ .~ :ut...r- FF~NT SWORN TO AND SUBSCRIBED ore CAROLYN P HODGE NOTARY PUBIJC 'IT ATE OF FLORIDA COMMISSION NG. DD0396I8 MY COMMlS~O~i.g,LJ~'h'f12OO5 ..#. Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF M~MI-DADE) Before me, the undersigned au1hori~, pefSOnal~ appeared heIshe executed th~ Affidavit ""!he purposes slallld !hemin and that tt ~ 1rue and correct the Affiant who being first by me du~ swom, d~ swear or affinn that SWORN TO AND SUBSCRIBED before me lh~ _ day of AFF~NT ,200_. NolaI)' Public Slate of Florida At Large PonIed Name of NolaI)' My commission expires: STATE OF FLORIDA ) COUNTY OF M~Mi-DADE) Before me, the undersigned authority, personally appeared holshe execullld th~ Aff~avtt for the purposes slallld lherein and lhat tt ~ 1rue and correct. the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before meth~ _ day of AFF~NT 200_. NoIol)' Public SIoIo of Florida At Large Prinllld Name of NolaI)' My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) il<lfore me, the unders~ned authori~, personally appeared helstle executed th~ Aff~avtt for the purposes slated therein and that tt ~ 1rue and correct the Alliant who being first by me du~ swom, did swear or affinn that SWORN TO AND SUBSCRiBED betore me th~ _ day of 200_, AFF~NT NoloI)' Public Stale of Florida At Large Ponllld Name of Notal)' My commission expires: ~ <>tY'If~ BUSH 55 RELATIONSHIP AFFIDA "* This Affidavit is made pursuant 10 Section 31-71(b)(2Xii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that: (marl< with 'x' 7Plicable portions only) v1'l, Affiant does nol have a Business Relationship wilh any member of the Cily Commission or any Cily Advisory Board to which the application will be presented, II 2, Affianl hereby discloses that it does have a Business Relationship with a member ot 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 (Lisl Cily Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: ( I i. Member of City Commission or Soard holds an ownership interesl in excess of 1 % of tolal assets or capital stack of Applicant or Represenlative; {] ii. Member of City Commission or Board is a partner, oo-sharehalder (as to shares of a aorparation which are nol listed on any national 0/' regional slack exchange) or jainl venturer with the Applicant 0/' Representative in any business venture; II iii. The Applicant 0/' Representallve is a Client of a member 01 the City Commission 0/' Board 0/' a Client of another professional worI<lng from the same office or fO/' the same employer as the member of the City Commission 0/' Board; {] iv. A City Commissioner or Board member is a Client of the Appiicanl 0/' Representative; I] v, The Applicant or Represenlalive is a Customer of the member of the City Commission or Board (or of his or her employer) and Iransacls 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 Soard 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 caiendar year. WITNESS MY HAND THIS --l3- DAY OF f ~ ~ \'VC.. r1_, 200A, APPLICANT: BY:~'~' ~Signature) Name: tv,lJt.. 't~ Print) Title: 11' _ (Print) WITNESS MY HAND THIS k DAY OF ;t:A/6~ ,2001 \ (Signature) (Print) (Print) 'The tenns 'Business Relationship," 'Client," 'Customer," 'Applicant," 'Representative' and 'Interested Person' are deffned in Section 2-395 o'the Aventura Cfty Code, 14 RE'PRESENT A TIVE: (Ustad on Business Relationship Affidavit) By: ~ . ~Signature) By: (Signature Name: L1Ll "1.)/\ ~l1lfvD (Print) Name: (Print) Title~F;C11lV 1}f ~ (Print) Title: (Print) ~Th By: (Signature) By: (Signature Name: (Print) Name: (Print) Titie: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille: (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 Connnission, the information provided in the Affidavit beoomes incorreot or inoomplete, 16 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me,lhe unders~ned authority, personal~ appeared lJllANfJ '2.JJEII6 the Affiant who being first by me duly sworn, did swear or offinn lhat helshe executed this Aff~a~1 for the purposes stated therein and that n is true ond co","", ~ ' SWORN TO AND SUBSCR ED before me~'" NoIay NlIlc - SI01e cI AorIda My CommIssIon E'lcpIres Jun 20. 2lJl4 CclrnrnIuIon /; CC912849 rinted Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-llADE) il<lfore me, the undersigned authority, pereonaUy appeared -" holsha execullld this Affidavit for the purposes staled therein and that U is true and oorred tho Aff~nt who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 ,200_, Notary Publ~ Stale of Florida At Large Printed Name ot Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-llADE) Before me, tho unders~ned aulhority, personaUy appeared holshe executed this Affidavit tor the purposes stallld therein and that U is truo and oorrect. the Affiant, who being firsl by me duly swom, did swear or afflll1llhat AFFIANT SWORN TO AND SUBSCRIBED befom me th~ _ day of 200_, NoIory Public Stale 01 Florida At Large Prinllld Name of Notary My commission expires' STATE OF FLORIDA ) COUNTY OF MIAMI-llADE) Before me, the undersigned authority, personalty appeared helsha executed th~ Affidavit for the purposes staled therein and that U is true and correct. tho AfflOf\t who being first by me duly swom, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_, Notary pubr~ Stale of Florida At Large Printed Name of Notary My comm~ion expires: WITNESS MY HAND THIS DAY OF ,200_, 15 g;,,"".'. " ,Ii -:r ,,' , . i -t, _:~. ~cIf"~- BUSINESS RELATIONSHIP AFFIDAVIT" This Allidavit is made pursuant to Section 31 ,71 (b)(2)(ii) of the City ot Avenlura Land Development Code, The undersigned Affiant hereby discloses Ihat: (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, 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 appiication will be presented, as follows: [ ] 2, (Ust name of Commissioner or Advisory Board Member) who serves on Ihe (Ust City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: II 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, oo-shareholder (as to shares of a corporation which are not fisted on any nallonat 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 Clienl of another professional working from Ihe same office or for the same employer as the member of the City Commission or Board; I] iv, A City Commissioner or Board member is a Client of the Applicant or Represenlalive: [J v, The Applicanl or Representative is a Cuslomer 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 ot 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 lL DAYOF~ 200-,,\ """~ ~~~ ~t~wt~Vr/ (Signature) (Print) (Print) WITNESS MY HANDTHIS~DAY OF ;:;~d4f'r 200/ Signature) W (Print) (Print) *The tenns 'Business Relationship: 'Client: 'Customer: 'Applicant: 'Representative' and 'Interested Person' are defined in Section 2-395 of the AventuTa Cay Code, 14 WITNESS MY HAND THIS ~ DAY OF Ot (fir Jr . 2001 By: By: (Signature , Name: (Print) Name: (Print) Title: Co tJ ~ 11 ! fu #i.~ (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) tiDe: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (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: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnation for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See, 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Cooe, in the event that prior to consideration ofthe application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 9 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) Before me, the unders~ned authority, pefSOnal~ appeared 1H( LiP j UJ,,~1> heJshe executed this Affidavit for the purposes stated therein and that it is true and correct. RUTHANN MOORE Notay I'I.tlI1c - Stale of florida My Commlssfon Eicp/res Jun 2ll 2llO4 Commission * CC912lUP SWORN TO AND SUBSCRIB STATE OF FLORIDA ) COUNTY OF MIAMI,DADE) Before me, the unders~ned authority, personally appeared helshe executed this Affidavit for the purposes stated therein and that It is true and correct. lhe Affiant who being firsl by me du~ swam, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_. Notary Public Stale 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 heJshe executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affll1Tl that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. NOlary Publ~ Slale of Florida At Large Prinllld Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY Of MIAMI-llADE) il<lfore me, the unders~ned aUlhority, personal~ appeared he/she exeauted this Affidavit tar the purposes slated therein and lhat n is true and oorrecl lhe Aff'mt who being first by me du~ swam, did swear or affinn lhat AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200_, Nolary Publ~ Slate of Florida At Large Printed Name of Notary My com_Ion expires: WITNESS MY HAND THIS DAY OF ,200_, 15 .... ..~. .. . ~......!!V BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Seclian 31,71(b)(2)(ii) of lhe Cify of Aventura Land Developmenl Code, The undersigned Allian' hereby discloses thaI: (marl< wilh 'x. applicable portions only) Pi 1, Affiant ~oes !!!l! have a Business Relalionship wllh any member of the City Commission or any City AdVISOry Board to wh~h Ihe application will be plSsented. ( }2. Affiant lereby diScloses that it does have a Business Relationship with a member of tile City Comm;ssioo 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 Commi,sioo or City Advisory Board upon whiCh member serves). The nature of the Business Ralationshlp i, as follows: ... [J I. Member of City CommiSSion or Board holds an ownelShip interest in exOBSS of 1% of total assels or capital stock of Applicant or Representati...; I J ii. Member 01 City Commissioo Of Board is a partner, co,sharBhotder (as to shares 01 a corporation whiCh are not lisled on any naUonal Of regional stock exchange) Of joint venturer with the Applicant or ReplSsenlalive In any business venture: I J Iii. The Applicant or Representative is a Client of a member of the Cdy Commission or Board or a Client at another professional working from the same office Of for the same employer as the member of the City Commission or Board: I J iv. A C'IY Commissioner or Board member is a Client of the Applicant Of Rapresentative: I) v. The Applioant or Rapresenlalive is a Customer of the member of Ihe Cily Commission or Board lor of his or her employer) and transacts more than $10,000.00 of the business of the member of lhe City Commission or Board (or his ur her employer) in a given calendar year: [ J vi. The member of the City Commission or Board is a Customer of the Applicant or Representa1ive and transacts more than $25,000.00 of the buSiness of lhe Applicanl or Representative in a given calendar year WITNESS MY HAND THIS -li DAY OF Februarv ,2CXJlt, A~PPUC' 0.h///.........-7 By: I.:J"~~ f,S';S/UIB) Name: n am n J. Glidden (PrinI) TiUe:__ (Print) WITNESS MY HAND THIS -AL DAY OF ~~IL -4tt( , 200~ o 'r' (Signofure) (Print) (Print) 'Tile tenns 'Business Reiationship: 'Client: 'Customer: 'Applicant: 'Representative' and ./nteresfad Person" are defined in Section 2-395 o(the AVl'ntura City Code, 14 t>O'd 1<:18658 soe '~UI VMdO dIS:IO t>O-II-qa~ ~~r/"~;UiooShiPAf/idavit) ~u (Signature) Name: njamin J. GliddefPrinQ Title: Senior Partner (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Name: (Print) Title: (Print) B y: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature Name: (Print) Title: (Print) By: (Signature Name: (Print) (Print) Title: By: (Signature Name: (Print) (Print) Title: By: (Signature Title: (Print) (Print) Title: 8y: (Signature Title: (Print) Title: (Print) By: (Signature Trtle: (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 1-7 I (b)(2)(iv) of the City's Land Development Regulations in the City Codc, in the event that prior to consideration of the applioation by the City Board or Commission, the information provided in the Affidavit beoomes incorrect or inoomplete, 16 NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF ML6.MI,OADE) Benj amin J. Before me,tho u.deM'" auttlOriIy, personal~ appeared Gli de helshe executed this Affidavil for tie pUlpOses stated therein and that It Is true and correct. FIA ! ~7 t Notal)' ubllc State of Florida At large Cynthia M Pfl::ll1m&>r Printed Name of Notary Myoommissionexplres: Ton 24, 2006 SWORN TO AND "'"~''''''' $~"'IAI!\.r,,~.. ~ fj '-:,,,;':' -:i.(J~ .'Ii,j:jf.,f,....,. ...., 1'] CYNTHIA 101, PFLAUMER 'IV COMMISSION # DD 086449 EXPIRES January 24, 2006 8(m!!C<jT~'I. ~otarvPublicUnderwriters .'-.;~~, _.._~----~------- --------.--...--.--....--------.---.- STATE DF FLDRIDA ) COUNTY DF MIAMI,DADE) ;.. Before me, tho unde"igned authori~, personally a_red 111,;;'~"; ~.,uJ \tle Affian\ who being rst by me du~ swom, did swear or affirm \tlat helshe eKecuted this Affidavit forlhe purposes stated therein and that it is true and co~ Printed Name of Notary My commission expires: SWORN TO AN SUBSCRIBE~Al'l~ --f. /, Natay Public - Stale 01 FIoIIda Mr Commission EocpIres Jun 21), 2004 Commission It CC912849 .--.--.------------..- STATE OF FLORIDA ) COUNTY Of MIAMI-DADE) Before me, the undersigned authority, personally appeared helshe exec:uted this Affidavit ~ the purposes stated therein and that it is true and correct. the Affiant who being first by me duly sworn, did swear Of affirm 1hat AFFIANT SWORN TO AND SUBSCRIBED before me this _ day 01 200_" Notary Pu~ic Stata of Florida A1LB<ge .-....----.---......--...-..-.--. Prinled Name of Notary My commission expires: STATE Of FLORIDA ) COUNTY Of MIAMI-DADE) Before me, the ur$:lersigned authori1y. personalty appeared halsl1a axecutad this AflIdavit I\M' the purposes staled therein and l1al ft Is true and correct the Affiant who being first by me duly sworn. did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED bafore melhl, _ day 01 200_, Notary Public Stata of Florida AI Large Printed Name of Notary My commission expires: -.---...--.. ..---..------....--.... WITNESS MY HAND THIS DAY OF ,200_, 15 SOOd 1;:;;186S8 SOe: '~UI VMdO dlS:l0 vO-ll-qa~ . '\....,,~ BUSINESS RELATIONSHIP AFFIDAVIT. This Affidavit is made pursuanlla Section 31,71(b)(2Xii) 01 the CilY of Aventura Land Development Code, The undersigned Affiant hereby disclose, thaI: (marl< wilh 'x" applicable portions only) .K'. 112. Affiant does am have a Business Relationship with any member of the City CommIssion or any City A.dvlsory Board to which the appllcaL;on will be presented. Affiant ~ereby discloses that It does have a Business Relationship with a member of the City Commissloo Of a City Advisory Board 10 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 future of the Business Retationshlp is as follows: [1 i. Member of Cily CommiSSion or Board holds an ownership interest in eKcess ot 1 % of tOlal assets or oa~tal stock of Applicant or Representalive: t 1 ii. Member of Cily 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; [I iiL 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: [I iv_ A City Commissioner or Board member is a Client of the Applicant or Representative; {l 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 mare 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 Represenlative and transacts more than $25,000.00 of the business of the Applicanl 0( Representative in a given calendar year WITNESS MY HAND THIS I'L. DAY OF F e.iJ ,2001- ABPy',~CAN :~' '$f (Signature) Name: (Print) Tille: P. a , (Prinl) WITNESS MY HAND THIS ~ DAYOF~7 ,20~ PROPER WN (Signature) (Print) (Print) 'The lerms 'Susi ationship: 'Client: 'Customer,' "Applicant,' "Representative" and "Interested Person" are defined in Section 2.395 at (he AVl'ntura City Code. 170-d 14 IZIB6SB SOE -~UI ~Mda dOI:ZO 17o-II-qa~ REPRESENTATIVE: (ListeCl on Business Relationship Affidavit) By:r:1f ~(Signature) By: (Signature Name: Cr..../ L. :%;f~L(Print) Name: (Pnnr) Title: ~c:. __ __jPrint) Title: (Print) By: jSignature) By: (Signature Name: (Print) Name: (Print) Title: _(Print) Title: (Prim) By: (Signature) By: (Signature Name: __ _(Print) Name: (Pn'nt) Title: ____(Ptint) Title: (Print) B y: _(Signature) By: (Slgnatur. Title: (Print) Title: (Print) Title: (Print) Title: (Print) 8y: ___(Signature) By: (Signature Title: __-IPrint) Title: (Print) Title: (Print) Tille: (Print) By: ,(Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tille:_ (Print) NOTE: 1) Use duplicate sheets If disclosure information for Representative vories 2) Applicants ami Al'fionts arc advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 I (b)(2)(iv) of the City"s Lm:td Development Regulations in the City Code. in the event that prior to consideration of the application by th~ City Board or Commission, the infonnation provided in the Affidavit becomes incorrect or incomplete. 16 good '[2'[86S8 SOE -~UI VMdO d'[t:20 vO-t'[-qa~ NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI,OADE) Before me, ~e undersigned authority, personally appeared G,./ LI he/she e,,8OJled this Affidavit for"'e putpO~ $1ated therein and that it is true IiInd correct SK/~e Affianl. who being fint by me duly sworll, did swear or affirm that {f(~~ SWORN TO AND SUBSCRIBED before melhi, lL.. dayo! FtJ,.,Jt./ ( 1fJ :-,ea:OOI811e8 v,..F;/ ElqlireI_Oll,2007 ---------..-..--...-.---....--.-----------------------_.-._--------_..~-_._.~.-.._-._-----"^- -------._-----------.- STATE DF FLORIDA I COUNTY OF MIAMI,DADE) . 8eforen1e, the undersigned authority, pe~onany awearer:J,lJ;rW ~ the Affiant who being firsl by me duly sworn, did swear or arfirm that helshe execu1ed thIS Affidavit forthe purposes stated therein and that it is tnJe ana correct SWDRN TO AND SCRIBEDb~'ll ... NoIczy NllIc - Stole of Rorlda '""'I' Commission ElcpIres Jun 20. 2004 Commlsslon II CC912849 STATE OF FLORIDA I CDUNTY OF MIAMI'DADE) Before me. the under.;igned authority, personally appeared he/she ell.8Cuted this Affidavit fa the purposes stated therein and that it is true and correct. tt1e Affiant who being first by me duly sworn. did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me lhis _ day of ,200_, Notary Public:: Slate of Florida At large ~- Printed Name Qf Notary My commission expires: STATE OF FLORIDA I COUNTY OF MIAMI-DADE) Before me, the u~erslgned authority, personally appeared he/she executed I1b Affidavit lor the pllf'lloses stated therein and Ihallt is true and correct. the Affiant who being first by me duly sworn, did swear or affirm thlll! AFFIANT SWDRN TO AND SUBSCRIBED before me !hi, _ day of ,200_. Nolary Public Stale of Florida At large Printed Name of Notary My commission expires: ------------------------.-.--------------.------.---------~--------~-----_._-----_._- ------------ WITNESS MY HAND THIS_ DAY OF ,200_ 15 SO-d '(Z'(B6SB SOE ~~UI VMdO dOT:20 bO-TT-qa~ A~ . .~..,';/ MINUTES CITY COMMISSION MEETING JULY 6, 2004 following LPA Meeting Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:18 p,m. by Mayor Jeffrey M, Perlow, Present were Commissioners Zev Auerbach, Jay R, Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M, Soroka, City Clerk Teresa M, Soroka and City Attorney David M, Wolpin. As a quorum was determined to be present, the meeting commenced, 2. PLEDGE OF ALLEGIANCE: Alan Rosenthal, Esq, led the pledge of allegiance, 3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34, All witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M, Soroka, A, Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A SYNAGOGUE IN THE COMMUNITY BUSINESS (B2) DISTRICT FOR PROPERTY LOCATED AT 3565 NE 207 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Diamond and seconded by Commissioner Auerbach. Joanne Carr, Planning Director, explained the request and entered the staff report into the record, Mayor Perlow opened the public hearing, The following individuals addressed the Commission: Alan Rosenthal, Esq" representing the applicant. There being no further speakers, the public hearing was closed, A motion to amend the resolution to provide a condition that the applicant shall demonstrate evidence from the property owner that 27 parking spaces will be allocated to the applicant's use to support an occupancy of no more than 108 persons was offered by Commissioner Cohen, seconded by Commissioner Auerbach and unanimously passed, The motion for approval, as amended, passed unanimously and Resolution No. 2004-37 was adopted, Mayor Perlow left the room at this time, B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT A DRIVE-THROUGH BANK FACILITY IN THE OFFICE PARK (OP) DISTRICT FOR PROPERTY LOCATED AT 20950 NE 30 AVENUE, AVENTURA, PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Grossman, Ms, Carr explained the request and entered the staff report into the record. Vice Mayor Diamond opened the public hearing. The following individual addressed the Commission: Michael Larkin, Esq" Bercow & Radell, 200 S, Biscayne Boulevard, representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously, 6-0, with Mayor Perlow absent from the room, and Resolution No. 2004-38 was adopted. C. Mr. Wolpin announced that, at the request of the applicant, the following item will be continued to September 7,2004 at 6 p,m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-238(e)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A WALL AND FENCE TOTALING 12 FEET IN HEIGHT FOR THE MEDICAL GAS ENCLOSURE AT THE AVENTURA HOSPITAL CENTRAL ENERGY PLAN SITE, WHERE A MAXIMUM 10 FOOT HIGH WALL AND FENCE IS PERMITTED BY CODE, FOR PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Perlow returned to the room at this time, 4. AGENDA: Request for Deletions/Emergency Additions: None. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Cohen, seconded by Vice Mayor Diamond, unanimously passed and the following action was taken: A. The minutes of the June 1, 2004 Commission Meeting, and June 25, 2004 Workshop Meeting were approved, B. Resolution No. 2004-39 was adopted as follows: 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF THE FIFTH MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2004-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RESPECTFULLY DENYING REQUEST OF THE MIAMI-DADE COUNTY ELECTIONS DEPARTMENT TO REVISE DATE OF ANY CITY COMMISSION RUNOFF ELECTIONS FROM THE TIMEFRAME WHICH IS CURRENTLY PROVIDED BY CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN IN THE RMF3A AND RMF3B ZONING DISTRICTS AS A CONDITIONAL USE IN THESE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin noted that no action was taken to recommend adoption of this ordinance by the Local Planning Agency and this item would not be addressed by the Commission, 8. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 9. RESOLUTIONS: None, 10.0THER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING ANNEXATION STUDY (Commissioner Cohen): A motion to add this item to the September 7, 2004 agenda as a proposed resolution was offered by Commissioner Cohen and seconded by Commissioner Holzberg. The motion failed 2-5, with Commissioners Cohen and Holzberg voting yes and Commissioners Auerbach, Grossman, Beskin, Vice Mayor Diamond and Mayor Perlow voting no. 3 11.PUBLlC COMMENTS: The following individuals addressed the Commission: Julie Israel, 20291 NE 30th Avenue; Morton Meyers, 2560 NE 199th Street; Alan Lipton, 21205 Yacht Club Drive; Howard Scott, 19212 NE 25th Avenue; Luz Urbaez Weinberg, 18151 NE 31st Court; Elisha Roque, 1971 NE 188 Street; Reverend Will Keyser, Church of Aventura; Michael Stern, 20730 NE 30th Place, 12, REPORTS. As submitted, 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:53 p.m, Teresa M, Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter consklered at a meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 A"!he C~ of nventura il c~~.-'" MINUTES COMMISSION MEETING JULY 22, 200410:00 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 10:00 a,m, by Mayor Jeffrey M, Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M, Wolpin, As a quorum was determined to be present, the meeting commenced, 2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a powerpoint presentation showing an overview of the financial performance of the City over the last seven years. He then reviewed the proposed 2004/05 budget document, as follows: A. GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Department, Non-Departmental and Capital Outlay, A motion for approval of the General Fund Budget Revenues was offered by Commissioner Cohen, seconded by Commissioner Auerbach and unanimously passed. A motion for approval of the City Commission budget was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed, A motion to approve the City Manager budget was offered by Commissioner Holzberg, seconded by Vice Mayor Diamond and unanimously passed. A motion to approve the Finance Support Services budget was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed, A motion to approve the Legal Department budget was offered by Commissioner Holzberg, seconded by Commissioner Cohen, and unanimously passed. A motion to approve the City Clerk budget was offered by Commissioner Grossman, seconded by Commissioner Cohen, and unanimously passed. A motion to approve the Public Safety budget was offered by Commissioner Grossman, seconded by Commissioner Cohen and unanimously passed, A motion to approve the Community Development Department budget was offered by Commissioner Grossman, seconded by Commissioner Holzberg, and unanimously passed. A motion to approve the Community Services Department budget was offered by Commissioner Holzberg, seconded by Vice Mayor Diamond, and unanimously passed. A motion to approve the Non-Departmental budget was offered by Commissioner Cohen, seconded by Commissioner Grossman, and unanimously passed. A motion to approve the Capital Outlay budget was offered by Commissioner Grossman, seconded by Commissioner Cohen, and unanimously passed. A motion was offered by Commissioner Holzberg, seconded by Commissioner Cohen and unanimously passed to provide that the City absorb the premium rate increase for employees' health insurance for the fiscal year 2004-2005. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2004/2005 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution, which establishes a millage rate for the 2004/05 fiscal year of 2,227 per $1,000 of taxable assessed value, was offered by Commissioner Holzberg, seconded by Commissioner Cohen, unanimously passed and Resolution No. 2004-41 was adopted, Mr, Soroka announced the first budget public hearing for September 9, 2004 at 6 p.m. C. POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Holzberg, seconded by Commissioner Cohen, and unanimously passed, D. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Grossman, seconded by Commissioner Holzberg, and unanimously passed, 2 E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Grossman, and unanimously passed. F. PARK DEVELOPMENT FUND: A motion for approval was offered by Commissioner Grossman, seconded by Vice Mayor Diamond and unanimously passed. G. DEBT SERVICE FUND: A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Cohen, and unanimously passed, H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Commissioner Grossman, seconded by Commissioner Auerbach, and unanimously passed. I. STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Auerbach, seconded by Commissioner Grossman, and unanimously passed. J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Holzberg, seconded by Vice Mayor Diamond and unanimously passed, 3. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting adjourned at 11: 10 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter oonsidered 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 A~ Q ~. MINUTES COMMISSION WORKSHOP MEETING JULY 22, 2004 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Jeffrey M. Perlow at 11 :25 a,m, following the Budget Review Commission Meeting, Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M, Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin, As a quorum was determined to be present, the meeting commenced, 1. DON'T CROSS THE LINE (Commissioner Auerbach): Commissioner Auerbach discussed the feasibility of establishing a program to eliminate motorists from blocking intersections and requested the Commission consider adoption of a resolution appealing the County and Florida Department of Transportation's decisions not to support such a program, CITY MANAGER SUMMARY: Consensus to consider resolution at September Commission meeting and City Manager and Police Chief to recommend options for enforcing such a program, 2. VILLAGE AT GULFSTREAM PARK DRI UPDATE: Community Development Director Joanne Carr provided an update on this project. CITY MANAGER SUMMARY: No action necessary. 3. CITY CLERK REVIEW: Consensus to increase City Clerk's salary by $5,000 and provide a net bonus in the amount of $15,000, 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 12 noon, Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A':!'he CIty of n.ventura . '~~,;/ MINUTES COMMISSION SPECIAL MEETING JULY 22, 20049:30 A.M. Aventura Government Center 19200 w. Country Club Drive Aventura. Florida 33180 1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:30 a.m, by Mayor Jeffrey M. Perlow, Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M. Soroka, and City Clerk Teresa M, Soroka. As a quorum was determined to be present, the meeting commenced, 2. MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SPECIAL COUNSEL LEGAL SERVICES RELATING TO THE GULFSTREAM PARK DRI AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS MOTION. Mr. Soroka noted that at the direction of the Commission, six firms were contacted regarding representing the City relating to the Gulfstream Park DR!. Out of the firms contacted, all had conflicts except Shubin & Bass, who agreed to represent the City in this matter. A motion to enter into an agreement with Shubin & Bass was offered by Commissioner Cohen, seconded by Vice Mayor Diamond and unanimously passed, Commission requested that a presentation be made by this firm at the next available Workshop Meeting, In addition, Commission directed Mr. Soroka to put the City's legal counsel, Weiss, Serota, Helfman, Pastoriza, Guedes, Boniske & Cole, on notice that the City will not waive any conflict should litigation become necessary in the Gulfstream Park matter. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:59 a,m, Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A'!he City of. nventtIra ~, ~~..'" MINUTES COMMISSION SPECIAL MEETING AUGUST 25, 2004 10:00 A.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 10:00 a,m. by Mayor Jeffrey M, Perlow, Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M, Soroka, and City Clerk Teresa M, Soroka, As a quorum was determined to be present, the meeting commenced, The City's special legal counsel John Shubin, Esq" Shubin and Bass, addressed the Commission concerning the Villages at Gulfstream Park DR!. There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 12 noon, Teresa M, Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M, Soroka, ICMA-CM, Cit TO: City Commission DATE: August 2, 2004 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and Indian Creek Village September 7, 2004 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with Indian Creek Village, BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1, The joint multijurisdictional criminal investigations, 2, Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3, Any natural disaster, 4, Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures, 5. Terrorist activities including, but not limited to, acts of sabotage, 6, Escapes from disturbances within detention facilities, 7, Hostage and barricade subject situations, and aircraft piracy, 8, Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10, Transportation of evidence requiring security, 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12, Security and escort duties for dignitaries. 13, Emergency situations in which one agency cannot perform its functional objective. 14, Incidents requiring utilization for specialized units, e,g" underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information, 15, Joint training in areas of mutual need, The Agreement is beneficial in our mission to protect the safety and quality of life of our residents, If you have any questions, please feel free to contact me. EMS/act Attachment CC01305-04 RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and Indian Creek Village for law enforcement activities in substantially the form as attached hereto, Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption, 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 Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No, 2004-_ Page 2 PASSED AND ADOPTED this J'h day of September, 2004, JEFFREY M, PERLOW, MAYOR ATTEST: TERESA M, SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms MUTUAL AID AGREEMENT Between the Village of Indian Creek Public Safety Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the Village of Indian Creek, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the Village of Indian Creek, subdivision of the State of Florida, and the undersigned representatives, in consideration of mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1, Short title: Mutual Aid Agreement 2, Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes, 3, Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads, Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the G:-Ierks of the respective political subdivisions, B. Agency or participating law enforcement agency: Either the Village of Indian Creek Public Safety Department or the participating municipal police department. C, Agency Head: Either the Chief of the Village of Indian Creek Public Safety Department, or the Chief's designees, and the Chief of Police of the participating municipal police department, or the Chief's designees, D, Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E, Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes, 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested, The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate, 8, Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own manpower, equipment, facilities, and other resources and services in rendering such assistance, C, The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency, 5, Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are regularly employed, B, The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equip- ment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same, C, The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid, Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. 0, All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees, 6, Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable, 7, Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized, The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency, This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8, Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes, 9, Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010, and under no circumstances may this Agreement be renewed, amended or .extended except in writing. 10, Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party, Cancellation will be at the discretion of the chief executive officers of the parties hereto, AGREED AND ACKNOWLEDGED this _day of ,200_, of Indian Creek, FL City Manager, City of Aventura, Florida ATTEST: ATTEST: City Clerk, City of Aventura, Florida TERESA M, SOROKA, CMC/AAE ~ ,.t.p~ AS TO FORM AND LEGAL SUFFICIENCY: City Attorney, Village of Indian Creek, FL City Attorney, City of Aventura, Florida JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE VILLAGE OF INDIAN CREEK PUBLIC SAFETY DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida, and the Village of Indian Creek, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations, 1, Joint multi-jurisdictional criminal investigations 2, Civil affray or disobedience, disturbances, riots, demonstrations, controversial trials, political conventions, and strikes large protest labor disputes, 3, Any natural disaster 4, Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures 5, Terrorist activities including, but not limited to, acts of sabotage 6. Escapes from or disturbances within detention facilities 7, Hostage and barricaded subject situations, and aircraft piracy 8, Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons calis 9, Enemy attack 10, Transportation of evidence requiring security 11, Major events; e,g" sporting events, concerts, parades, fairs, festivals, and conventions 12, Security and escort duties for dignitaries 13, Emergency situations in which one agency cannot perform its functional objective 14, Incidents requIring utilization of specialized units; e,g" underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information 15, Joint training in areas of mutual need 16, Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call 17, Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries DATE:JnJE' ;;:1.1. ~o'-f DATE: r/l~1~ Chief of the Village of Indian Creek PS, Dept. Village Df indian Creek. Fiorida (~AAJ J. f) 0 Chief of City of Aventura Police Dept.. Aventura, Florida THOMAS E, RIBEL AW M. ~, Village Df Indian Creek, FL, CITY CLERK ATTEST: City Clerk, City of Aventura TERESA M, SOROKA, CMC/AAE JOINT DECLARATION AMENDMENT UNDER INDIAN CREEK VILLAGE PUBLIC SAFETY DEPARTMENTI AVENTURA POLICE DEPARTMENT MUTUAL AID AGREEMENT This Agreement amends the Joint Declaration under the Mutual Aid Agreement of _ ' 2004, to include and permit concurrent marine patrol related jurisdiction between agencies on the waters, waterways, canals, channels, rivers, lakes, streams, and any and all other bodies of waters, including the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any future time during the term of this Mutual Aid Agreement. It will be agreed between both Chiefs of Police of the Village of Indian Creek and the City of Aventura to the following conditions of concurrent marine patrol related jurisdiction: 1, Both agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enforcement actions as deemed appropriate under city, state, and federal laws, rules, and regulations, and to write boating law violation citations, make arrests, and to attend court on be- half of the other agency. 2, Both agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow-up investigations that are required are to be completed by the jurisdiction the incident occurred regardless of which agency completed the original offense incident report, 3, If an arrest is made by one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, both agencies agree to a 50-50 share of the final asset distribution following the payment of all expenses relating to the prose- cution of the civil case, The jurisdiction of civil forfeiture action shall be filed by seizing agency, 4, Both agencies have the right to set their own days and hours for marine patrol and agree to prOVide assistance and aid to the other agency under the spirit of Mutual Aid Agreement. This Amendment shall become effective upon the signing of both Chiefs of Police and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Amendment. I accept the terms and conditions of the aforementioned Amendment to the current Mutual Aid Agreement and Joint Declaration between the City of Aventura Police Department and the Village of Indian Creek Public Safety Department. o~h.llocj ./ Date Date c , Village Manager Indian Creek illage, Florida Eric M, Soroka, City Manager Aventura, Florida (?Pla~ , Chief of Police Indian Creek Village P,S. Dept. (~ Thomas E, Ribel, Chief of Police City of Aventura Police Dept. (914:Joint Declaration) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: BY: City Commission L"~ Eric M. Soroka, Ci~L~ r Antonio F. Tomei, Cap I I Pr Jects Manager ({ fj FROM: DATE: August 16, 2004 SUBJECT: Bid No: 04-08-10-2 September 7,2004 City Commission Meeting Agenda Item to-c_ Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No, 04-08-10-2, Yacht Club Way Beautification Improvements to the lowest responsible and responsive bidder, Trintec Construction, Inc, for the price of $378,631,77. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on August 10, 2004. The City received four (4) bids for this project. Trintec Construction, Inc, Horizon Contractors, Inc, Development & Communication Group of Florida, Inc. Tropex Construction Services, Inc, $378,631,77 $448,536,50 $457,889,00 $458,232,00 This bid price allows for the construction of street lighting, landscape, sidewalk and some drainage improvements throughout Yacht Club Way, In addition, some street lighting and sidewalk improvements will be incorporated onto Turnberry Way, The bid exceeds the original budget amount by 48,631, This occurred to by sidewalk demolition and replacement, additional sidewalk improvements and minor drainage work added to the construction bid documents. The addition funds are available in the Stormwater Utility Fund from projects that were less than budgeted, The project is included in the Capital Improvements Program under Line Item Numbers 001-8050-541-6301 ($180,000), 120-5001-541-6307 ($150,000) and 410-5001-538- 6306 ($48,631.77), If you have any questions or need any additional information, please feel free to contact me. Attachment: RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-08-10-2, YACHT CLUB WAY BEAUTIFICATION IMPROVEMENTS, TO TRINTEC CONSTRUCTION, INC. AT THE BID PRICE OF $378,631.77; 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. 04-08-10-2, Yacht Club Way Beautification Improvements; 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 Trintec Construction, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 04-08-10-2, Yacht Club Way Beautification Improvements, is hereby awarded to Trintec Construction, Inc. in the amount of $378,631.77. Resolution No. 2004- Page 2 Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Community Services Budget Line Item Numbers 001-8050-541-6301, 120-5001-541- 6307 and 410-5001-538-6306. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its and upon being put to a Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004- Page 3 PASSED AND ADOPTED this ih day of September, 2004. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive Aventura, Florida 33180 BID FOR: Yacht Club Way Beautification Project BID No: 04-8-10-2 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of A ventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. ~ Addendum No. Addendum No. Addendum No. Dated:~Y Dated: Dated: Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully srudying) all such examinations, investigations, explorations, tests and srudies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reportS or similar information or data are or will be required by BIDDER for such purposes. Yacht Club Way Beautification Project City of Avenrura Bid No. 04-8-10-2 CT&A Project No. 01-0103.040 00410 - 1 (e) BID D ER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assume~ responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and :;;::,=uy" p"oid, '::':1f Pcoj'" f7;~ 4' ~~ ~ ';;J dolOn'M ~-;}4Jp?JJ V cents LUMP SUM (Written Total Bid Pnce - From Schedule Of Values) BIDDER agrees that the work will be complete in full within 120 calendar days from the date stipulated in the Notice to Proceed. 4. Communications concerning this Bid shall be addressed to: Yacht Club Way Beautification Project City of Avenllira Bid No. 04-8-10-2 CT&A ProJect No. 01-0103.040 00410 - 2 Telephone Facsimile Number Attention: 1~N~,,)~~SJfu~I3fz <(")pfJ(Oc.\CA I FI 3.3DS'-l (=30.5') tb rr5"- 300 J (3::?S-) b ?s- 32 J b ~fv [I r4 .s-~U f\ fLTZ- BIDDER: Address: 5. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTEDTHISDAY~ lO,2o~. Yacht Club Way Beautification Project City of Aventura Bid No. 04-8-10-2 CT&A Project No. 01-0103.040 00410 - 3 SCHEDULE OF VALUES FOR LUMP SUM ,":. CONTRACT GENERAL REQUIREMENTS BASE BID Item Quantity Description Unit Unit Price Extended Cost GENERAL General Conditions LS $ 6-741-.s~ 67 fT~c-~ . I / "i;) o~ 2 Mobilization LS $ 1 O{ =reo $ t D1=t-OO 3 Clearing and Grubbing LS $ q,'3CV'if $ '1 { 30 ~ g't DRAINAGE c;, '1 ~ ~ I =t 3. cO 60 15" H.D.P.E. (with any required bends) LF $ $ 2 4' Diameter Concrete Manhole Ea. $ Z 4-G\ $ 2 4~ ( 'Du 3 60 Remove Existing 8" C.M.P. Ea. $ 10~ $ ~~C.42. .> 4 Connect to Existing Drainage Structure Ea. $ -soS- $ 6"3.s- 00 1'71Z.'l>C> 5 2 Connect to Existing Drainage Pipe $ '2$.s-~ $ 46t~ "6 ~ .,)"Z. ~. 6 80 Pavement Restoration SY $ $ SIDEWALK $ $ 5~ ..... 1266 Remove Existing Sidewalk (Wood and Concrete) LF $ $ ::t,Oh?. 2 1650 Install 5' Concrete Sidewalk LF $ "2 {1.3 $ tf>~ ~ 182: as- , 3 17 Replace Existing Type 'F' Curb & Gutter LF $ ! z.. '14 $ 2/g"?$. 4 50 Replace Existing Type 'D' Curb LF $ II t&. $ 0s-B LIGHTING $ $ New Service Point Complete ?~l /4, lIS" 44- LS $ /4(115""44 $ '(3-t6So 2 90 2" PYC Sch. 80 Conduit Mounted on Bridge LF $ ':::;'O.""=i-:l. $ Yacht Club Way Beautification Project City of Aventura Bid No. 04-8-10-2 CT&A Project No. 01-0103.040 00410 - 4 0 1500 2" pye Sch. 40 Conduit Under Ground LF $ ~. 2'1 $ \"2,4"38 -=is' j -z::r 0 '0 .:> 4 450 2" Directional Bore Conduit Under Roadways LF $ $ /2., \ ~b ."; {",,=t41 5 Tree Trimming Around Lighting Fixtures LS $ $ &,==tcfl 6 7 Install Pull Box Complete LF $ &~"3 44- $ 44 -a4 o~ 7 6400 Install #6 Conductors Complete LF $ \ ,44- $ q 244 ~ I 8 400 Install # 1 Conductors Complete LF $-Z.4-1 "ff$ q b3 a"' 13 Install Owner Furnished Ltg. Poles, No Banners '2 3 z-'Z ~( l't';? '-I 9 EA $ 2~o- $ po.!Js, . 6/g~cr ~ 10 4 Install Owner Furnished Ltg. Poles, Banner Arms EA $ /4=rz.. 3'- $ CXZl 11 12 Remove Existing Lighting Poles, Bases, Etc. EA $ "-42 "0 $ =t =toet 12 2 Install New Sign Lighting Complete EA $ /'10888 $ 3~;:t =t~ 92- 133S-."f(: 13 Removal of Existing Landscape Lighting Complete LS $ q335" - $ LAA'DSCAPING $ $ Cassia Surattensis (Glaucous Cassia) 2O}~ 6b<2..- 4 EA $ $ '8" . 2 4 Callistemon 'Red Cluster' (Erect Bottlebrush) EA $ z.'fCj 0 r $ I ('\6.3( 3 3 Swietenia Mahogani (Mahogany) EA $ 34=t~ $ t'O 4- (. ~'1' 4 320 Clusia Guttifera (Small Leaf Clusia) EA $21:r\ $ ~'1<q [TI- S 393 Euphorbia Milii 'Fireball' (Dwarf Crown of EA $ 12..40 $ q:.lf:::l ~ sr- Thorns) DI $ "32.S S-.. '\ 6 105 Ficus benjamina (Weeping Fig) EA $ ~}. 7 4411 Ficus microcarpa 'Green Island' (Green Island EA $ (C. ~ $ 54=t J/ [Z Ficus) $q)D q~ 03 8 10 Ixora 'Nora Grant' (Nora Grant Ixora) EA $ 9 600 lxora 'Petite' (Red Taiwan DwarfIxora) S-:; ~ 1 s-.r EA $ q.~o $ 10 310 Jasminum VoJubile (Wax Jasmine) EA $ 9. ?,O $ 2: ~ ~ 2> og-tl 11 848 Liriope Muscari 'Evergreen Giant' (Giant Lily- EA $ P .4"Z.. $ 2'"'i! '1 b 2..1 Turf) ". Yacht Club Way Beaunfication Project City of Aventura Bid No. 04-8-10-2 CT&A ProJect No. 01-0103.040 00410 - 5 11 260 Liriope Muscari 'Variegata' (Variegated Liriopel EA $ '3 .4-Z $ g-'9 8 '0\ 40 Monstera Deliciosa (Ceriman) IS. =1-;- bL9 1~ 13 EA $ $ 'be. 3S 1 'Y- ~O 14 324 Nephrolepis biserrata 'Furcans' (Fishtail Fern) EA $ 10. $ (,.2- 5J2> 1- Cl"L 15 442 Philodendron Selloum (Split-Leaf Philodendron) EA $ 1l. $ ~t" - ( ~ 16 11\0 ScheffJera Arboricola 'Trineue' (Arboricola) EA $ (0. $ {ZOS-' . 17 \475 Seasonal Color (To be selected by Owner) EA $ { . 'f? $ Z"8''1--1 ~ 18 Tripsacum Dactyloides (Fakahatchee Grass) I().~h (6 (l). ~'""3 12 EA $ $ IRRIGATION Irrigation System LS $ l-Z 9"ZS c, ~ ~, (,,31 =A- TOTAL VALUE OF BASE BID $ I Yacht Club Way BeautificatIon Project City of Avemura Bid No. 04-8-10-2 CT&A Project No. 01-0103.040 00410.6 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM DATE: August 3,2004 TO: City Commission FROM: BY: Antonio F. Tomei, C SUBJECT: Hospital District North Collector System - Easement Dedication September 7,2004 City Commission Meeting Agenda Item (., - D Recommendation It is recommended that the City Commission adopt the attached Resolution allowing for a portion of City owned property located at 21301 Biscayne Boulevard be designated as a drainage easement. Backaround A portion of City owned property located on the west side of Biscayne Boulevard at the NE 213th Street intersection, as outlined on the attached sketch and legal description, needs to be utilized for placement of drainage pipe as part of the Hospital District Drainage Collector Systems. It is appropriate that a drainage easement be designated so that the rights to access and maintain that portion of the system are not disturbed due to any future transfer of property. The easement is 1,904 square feet. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE FOR THE CITY OF AVENTURA TO DESIGNATE A PORTION OF CITY OWNED PROPERTY ABUTTING THE WEST SIDE OF BISCAYNE BOULEVARD AT THE NE 213TH STREET INTERSECTION FOR DRAINAGE EASEMENT DEDICATION ALLOWING PERPETUAL RIGHTS TO THE CITY FOR ACCESS AND MAINTENANCE OF THAT PORTION OF THE PROPOSED HOSPITAL DISTRICT NORTH COLLECTOR SYSTEM; AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City will make storm sewer improvements on the west side of Biscayne Boulevard at NE 213th Street requiring installation of drainage pipe and drainage structures; WHEREAS, a portion of the storm sewer improvements will need to be installed on City owned property; WHEREAS, the City may not own the property in perpetuity; and WHEREAS, the City deems it appropriate to protect its rights as it relates to access and maintenance of the drainage system. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: That the easement dedication, as reflected on the attached documents is hereby accepted the City Manager is authorized to cause such easements to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance; and the City Manager shall take all action necessary to implement the purposes of this Resolution. Section 2: That this Resolution shall be effective immediately upon adoption hereof. The foregoing resolution was offered by adoption. The motion was seconded by the vote was as follows: , who moved its and upon being put to a vote, Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 2 PASSED AND ADOPTED this 7th day of September, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY DESCRIPTION: DRAINAGE EASEMENT THE SOUTH 20.00 FEET. LESS THE WEST 222,00 FEET OF LOT 1, BLOCK 3. SECTION 34. TOWNSHIP 51 SOUTH, RANGE 42 EAST, TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 13, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WEST OF BISCAYNE BOULEVARD (STATE ROAD #5 - U.S. HIGHWAY NO.1). SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA. CONTAINING 1,905 SQUARE FEET OR 0.044 ACRES MORE OR LESS. THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH 89050'45" WEST. THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. DATED 03-18-98, UNDER JOB NUMBER 2112, AS PROVIDED BY CLIENT. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE). AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER. 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES. AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. AUG 1 8 2004 ASSOCIATES,INC_ l"'~' ~ "~ _ DOUGLAS M. D'AV1E PROFESSIONAL SURVEYOR AND MAPPER NO. 4343 STATE OF FLORIDA , , Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. SHEET 1 OF 2 SHEETS N:\ClericaIWOBS\2001\01.0103\LEGAL\S&D 20 FOOT DRAINAGE ESMT.doc Created on 8/18/2004 4:26 PM Revised: AuguSl18, 2004 DMD/dmd (jj CRAVEN -THOMPSON B ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400 FAX, (954) 739-6409 FOR CITY OF AVENlURA NOTE: THIS IS NOT A. SKETCH Of SURVEY, but only 0 gropl1ie d!!picllon Dr it... d....eription "ho..." "..n.on. Ther.. ho.. b...." no fi..ld work vt"wfng or the subject property. or monument! set in connectIon wl\h th" preparation of th!! Informotion shown hereon. ~ o 20 40 I ' I SCALE 1" = 40' SKETCH TO ACCOMPANY DESCRIPTION DRAINAGE EASEMENT ,.. ~..;..~'? 'i &0'" ~ -q't'r.:,.G ~v~. -l..~ -~ ,''"'':?,>.' " 0" () ~q;a!'<... 0'"0 qv i" 5 10 NE. 213 STREET 0+ v~ 0~ 4- <v-.- ,,'" &- "J,<<-.f A,.. <<:. ,,<v lwd"dS ;;:.O'f ''''0-0'' ~ CO; 'v~ ,.&",-,0 ~ ~....,;:,.; q '" " 'J-<-, ..<!- ~#r!f..'~" v-~co; cP. () ~'i#" "'0" ""0,,,0 ~Q't' q".-t ~ ~ o ~ >- ~ < o Z => o to ... ~ << w "'~ <<';( 0-' wo.. >", "'w Wo.. Ul~ W '" N6;;_, I?""D~'~ 1. ~'" 22 .00' " :,., .. 0..':.- NO :-0 ON Z ~ ff j ~ J Ij Qj Nag"SO' 45~E 99.70' 20,00' S89"SO' 45~W 90.75' SOUTH BOUNDARY LOT 1 SHEET 2 OF 2 SHEETS UPOA TES and/or REVISIONS 30' TO 20' JOB NO.: 01-0103 DATE NOTE Tl1e under"lgned and CRAVEN-TI-lOMPSON & ASSOCIATES, INC. make no repre"entations or gUorontee~ os to the informatIon renected hereon pertaining to easements, rights-of-way, set back lines, rnervatloo9, agreements ond other similar matters, and further, this Inslrument I" not Inlended 10 renect or set forth 011 such moUers. Such Inlormotlon should be obtained and connrmed by olhers Ihroughappropriotetllleverlf1eo!lon. ~ Land" shown hereon were not abstracted fOl' rlght-af-way arid/or easements of record. BY CK'O 8-18-04 JVN DMD G: \2001\070103\DWG\SD-JO-FOOT DRAINAGE ESMT.DWG DRAWN BY: DMD F.8. "/A CHECKED BY: JVN PG. "/A OArm 7/16/04 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM FROM: Eric M. Soroka, City ects Manager CL f j TO: City Commission BY: Antonio F. Tomei, C DATE: August 23, 2004 SUBJECT: Recommendation - Work Authorization No. 01-0103-047 Professional Design Services for NE 18Sth Street Connector Improvements September 7, 2004 City Commission Meeting Agenda Item c:, - E Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01-0103-047 to Craven Thompson and Associates, Inc. for Professional Design Services for roadway, drainage and street lighting improvements to the NE 185'h Street Connector project for an amount of $30,400. This project is included in the Capital Improvements Program for the 2004/05 fiscal years. Backaround The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. In particular, design plans will address drainage, pavement, grading, sidewalk, curbing and street lighting improvements on the existing roadway connecting NE 183rd Street and Miami Gardens Drive. The cost includes services pertaining to civil design, permitting, bidding, survey and construction inspection. The proposed budget is $495,994.00. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-047 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 18STH STREET CONNECTOR IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-047 ($30,400.00) for professional design services by and between the City and Craven Thompson and Associates, Inc. Section 2. That 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 , 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 Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Resolution No. 2004- Page 2 PASSED AND ADOPTED this 7th day of September 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-047 The City of Aventura has requested Work Authorization No. 01-0103-047 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3,2001. This Work Authorization No 01-0103-047 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Construction Documents Phase Prepare CD's for Roadway Improvements ............................................................ $9,500.00 Prepare CD's for Street Lighting and Electrical System ........................................ $5,600.00 Project Management.................... ....................... ................................................ ..... $500.00 Total Design Phase ........................................................................................... $15,600.00 BiddinlZ Phase Prepare Bid Documentsrrechnical Specifications ................................................. $1,500.00 Respond to RFI's ....... ...................................................... ................. ...................... $500.00 Total Bidding Phase ........................................................................................... $2,000.00 Construction Phase Attend Preconstruction Conference. .............................................. ...... ....... ............. $500.00 Site Visits............................ .... ............. ..... ... ............................................ ........... $8,600.00 Coordination with Contractor and City ................................................................. $1,000.00 Project Closeout Documentation...... ..... ..... ........ ................................................. .... $500.00 Total Construction Phase................................................................................. $10,600.00 Reimbursable Expenses Printing, Graphics, Communications, Travel........................................................... $600.00 Couriers, Express Mail, Etc. ............................................ ... ..,.... .............................. $400.00 Geotechnical. ........ ............. ............................................ ..... ...... ........................... $1.200.00 Total Reimbursable Expenses............................................................................ $2,200.00 Total Estimated Labor Expenses are................................................................... $28,200.00 Total Estimated Reimbursable Expenses are......................................................... $2,200.00 The time period for this work authorization will be: Design PhaselPreparation of Bids............................. 90 Days Bidding Phase ......................,...................................30 Days Construction Phase (Estimate) ................................150 Days BY BY City Clerk City Manager Teresa M. Soroka. CMC Eric M. Soroka. ICMA-CM day of ,2004 APPROVED AS TO FORM BY Notice to Proceed_ Yes No City Attorney Weiss Serota Helfman Pastoriza & Guedes, P .A. Project Initiation Date RECOMMENDED through its Capital Projects Manager BY Capital Projects Manager Antonio F. Tomei day of ,2004 EXHIBIT" A" Consultant shall prepare design drawings and specifications for roadway improvements and street lighting/electrical improvements to the City owned right-of-way known as Jack Smith Boulevard, from Miami Gardens Drive to NE 183" Street. The scope of services shall include paving, grading and drainage design; curb and sidewalk design; and a design for new street lights and electrical. Subconsultant services shall be provided by Hillers Electrical Engineering, Inc. It is anticipated that the new roadway will utilize the existing drainage system. Consultant will more specifically perform the following: Civil Enl!ineerim! Services: . Construction Documents Phase: . Prepare engineering plans and specifications for roadway improvements, including pavement, grading, drainage, sidewalk and curbing. . Prepare updated estimate of probable construction cost. . Bidding and Construction Administration Phase: . Prepare bid documents. . Attend pre-bid conference. . Respond to Bidder inquires. . Attend pre-construction "kick-off' meeting. . Provide periodic observation of the work. . Assist in the approval of pay requisitions. . Perform a final inspection of project. Electrical EmrineeriDl! Services: . Planning Phase/V erification of Existing System: . Perform field visit to inspect existing electrical service, wiring and conduit system, lighting fixtures. . Coordinate with FPL on service point fro new electrical service to support street lighting system. . Construction Documents Phase: . Design roadway lighting system per the City's Code. . The electrical system design shall be based on the City electrical codes and the NEC. . Provide electrical calculations and lighting calculations that include point-by-point lighting calculations reflecting existing roadway lighting only. . Design and coordination meetings with FP&L Co. and City. . Design electrical service points, luminarie/poles installations, circuits and conduit systems for roadway lighting. Includes installation details and plan layouts. . Provide electrical & lighting design to the City on AutoCad 200 I. . Prepare Engineer's Cost Estimate. . Provide one (I) set of specifications and plans on full size reproducible for each electrical / lighting submittal 90%, 100 % review and 100% bid set. Also one (1) hard copy specifications and bid items shall be provided to the City. . Bidding and Construction Administration Phase: . Attend pre-bid conference. . Respond to Bidder inquires. . Attend pre-construction "kick-off' meeting. . Shop drawing review . Complete periodic site visits during construction. . Assist your office in the approval of pay requisitions. . Perform a final inspection of project. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit TO: City Commission DATE: August 30,2004 SUBJECT: Disbursement of Police Forfeiture September 7,2004 City Commission Meeting Agenda Item 6-F 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 $145,000 for the E911 Consultant and Study, Shelving and Cabinets for Dive Team, Crime Prevention and Break Room, Tactical Carbines and Construction of Emergency Egress Lane along the north boundary of Government Center from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/aca Attachment CC01313-04 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Thomas E. Ribel, Chief of Police DATE: August23,2004 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: Total Expenditure Request: $30,000.00 $22,000.00 $14,000.00 $79,000.00 $145,000.00 E911 Consultant Shelving & Cabinets Dive Team & Comm. Room Tactical Carbine (15) Emergency Egress 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 E911 Consultant - Preliminary study and research to implement the E911 phone system for Aventura residents. Shelving and Cabinets - Shelving will be purchased for the Dive Team, Crime Prevention and Break Room. Install Kitchen style cabinets and plumbing in the Community Room. Tactical Carbine for Patrol-15 Tactical rifles will be purchased for Patrol. Emergency Egress - Emergency egress lane will be created along the north boundary of the building exiting onto Country Club Drive. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: August24,2004 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C" SUBJECT: Bid No. 04-08-16-2 -Illuminated Street Name Sign Improvements September 7, 2004 City Commission Meeting Agenda Item b - ~ Recommendation It is recommended that the City Commission adopt a motion rejecting the sole bid tendered for Bid No. 04-08-16-2, Illuminated Street Name Sign Improvements, and authorize the City Manager to negotiate with the sole bidder. Backaround This bid for labor and material to provide and install four (4) illuminated street signs at the following locations was advertised in accordance with City procedures: NE 30th Avenue/NE 203rd Street NE 183rd Street/Biscayne Boulevard NE 183rd Street/NE31stAvenue NE 29th Place/Aventura Boulevard Only one bid was submitted to the City. Horsepower Electric submitted a bid in the amount of $98,664. This amount is $33,664 more than the $65,000 construction cost estimate and budgeted amount. Based on the fact that this contractor has performed work for the City in the past, it is recommended that the Administration be authorized to negotiate a lower amount with Horsepower Electric that would be more acceptable to the City. The City's purchasing ordinance allows this procedure in the event all compliant bids are too high. If a lower amount can be agreed to by both parties, the Commission will be notified and a contract will be issued to Horsepower Electric. If you have any questions, please feel free to contact me. , SCHEDULE OF VALDES FOR LUMP SUM CONTR<\CT GENERU REQUIREMENTS BASE BID tern Quantity Description GENERAL 1 General Conditions 2 1 Mobilization ll,LUMlNA TED STREET NA:"lE SIGNS 3 New Service Points, Complete (Total of 4 Locations) 4 1 Complete Electrical Service to Each Illuminated Street Name Sign, including conduit and wiring (Total of 4 Locations) 5 1 Provide and Install Illuminated Street Name Signs, Complete (Total of 4 Locations) Unit Extended Cost Unit Price LS $;;L/OICf,oo s ~O/<1,OO LS $ :)/"'198,00 $ ~L/8'1,OO LS $ 4/3'110.00 $ 4/,9b'OO LS s5;2/'fc,,2.oo$5d./41;,2,oo LS $ 3~~99, 00$ 3~;L98,oo TOT AL VALUE OF BASE BID $ 9'0, (c, ro <{, 00 " Illuminated Street Name Signs City of Avenrura Bid No. 04-8-16-2 CT&A Project No. 01-0103.042 00410 - 4 ----~_.._---,.._.~..~-~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AIC~ Planning Director . DATE: August 19,2004 SUBJECT: Request of Merco Group at Aventura Landings I, II and III Inc. for extension of those approvals granted through Resolution No. 2003-64 (03-VAR-03) September 7,2004 City Commission Meeting Agenda Item {n - H RECOMMENDATION It is recommended that the City Commission approve, by motion, the request for extension of the approvals granted through Resolution No. 2003-64 for an additional six (6) month period from September 2, 2004 to March 2, 2005. REQUEST The applicant, Merco Group at Aventura Landings I, II and III Inc., is requesting a twelve (12) month extension of the variance approvals granted through Resolution No. 2003-64 adopted September 2, 2004. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Resolution No. 2003-64 and Exhibit #3 for Location Map) BACKGROUND The applicant was granted approval of variances for front, side and rear yard setbacks, lot sizes and location of parking spaces on its town home parcel, a variance for side yard setback on the south condominium building and variances for sun shadow and driveway separations on the north condominium building by Resolution No. 2003-64 adopted on September 2, 2004. These approvals were granted to permit the construction of a total of 405 residential units on the land situate on NE 28 Court at NE 185 Street, comprised of 62 town home units, 138 loft style condominium units and 205 condominium units. The Resolution provided that the applicant obtain building permits within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. A building permit has not been issued to date. The applicant's attorney has advised that the applicant requires additional time to address a series of permitting issues that have delayed the project, that preparing the dedication of NE 185 Street and the road closure of NE 28 Court, obtaining the contribution in lieu of credits for the design work of Miami Gardens Drive and dealing with ongoing DERM issues regarding the environmental remediation of the site have all been time-consuming delays for the project. Section 31-76(g) of the City's Land Development Regulations provides that an applicant who has obtained approval of a variance may request an extension of time within the original approval period. The City Commission may grant up to a six (6) month extension request for good cause shown by the applicant. It is staff's opinion that the applicant has shown good cause since the approvals granted in September of 2003 through the efforts described above. CURRENT STATUS OF APPROVALS The current status of the conditions of Resolution No. 2003-64 are detailed in the following table. Resolution Condition Current Status Plans shall substantially comply with A number of technical structural those submitted requirements along with safety and life support systems have resulted in certain changes to the approved plans. The applicant has requested approval of those changes. This matter has been scheduled for the October, 2004 City Commission meetina Permits shall be obtained within 12 Permits have not been obtained to date months from the date of the resolution, A permit has been submitted and is namely on or before September 2, 2004 pending for the sales office The approval is effective upon approval Comprehensive Plan Amendment and by the City Commission of a rezoning are approved Comprehensive Plan Amendment, Abandonment of right of way was rezoning and abandonment of a portion approved subject to conditions that are of the NE 28 Court right of way not yet fulfilled by the applicant The sideyard setback for the loft License agreement has been submitted condominium is conditional upon to the City applicant entering into and providing to the City a license or easement agreement with Florida Power and Light to landscape the westerly 20' of its adjacent land 2 ~ BERCaW &. RADELL RECEIVED ZONING. L....ND USE AND LNVIAONMENTAL LAW' Direct: 3()~377-li227 E-Mail: mtapanes@brzoninglaw.com AIIG 0 6 200\ COMMUNiTY [)fvHOPMENT VIA HAND DELIVERY July 30, 2004 Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 EXHIBIT #1 03-VAR-03 RE: Aventura Landings Public Hearing Application Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings, I, II, III, Ine. ("Applicant") with respect to the property described in Exhibit A (the "Property"). This letter shall serve as the Applicant's letter of intent to request: (1) A modification of City of Aventura Resolution 2003-64 to allow a street sideyard setback of less than 7' 5" for the Townhomes Parcel and allow additional variances in the Townhomes Parcel; (2) A modification of the Declaration of Restrictions in Lieu of Unity of Title Condition 16 to allow the Condominium Parcel to be developed to 19 stories, and Condition 17 to allow an expansion of the floor area within the Lofts Parcel; - (3) A modification of Exhibit B of the August 22, 2003, Development Agreement between MERCO Group and the City of Aventura to allow the Condominium Parcel to be developed to 19 stories; and (4) A motion by the City Commission to provide a 12-month extension of the time period in which to obtain a building permit required by City of Aventura Resolution 2003-64, W~ FINANCIAL. CENTER. 200 SOUTH BISOAYNE ~ARO. BUtTE 850 . MIAMI, FLORIDA 33131 PHONe. ao5.8T"'.6300. FAX. 805.877.8222 Ms. J DaMe Carr, Director July 30, 2004 Page 2 Property. The Property is approximately nine acres in size and is located at N.E. Biscayne Boulevard and approximately N.E. 28th Street. The approved site plan consists of a combination of 62 new urban townhomes, 138 loft-style apartments, and a 205-unit mid-rise condominium (the "Project"). The Project is consistent with the Medium High Density Residential land use designation and the RMF4 zoning district. Requests. As a result of fine-tuning the Project during the preparation of construction drawings, we are obliged to request several modifications to previous approvals. Variances. In an effort to animate the side elevations of the townhomes and increase marketability, we have revised the approved site plan to add bay windows and covered wrap-around balconies to the second floors of comer units. The City of Aventura Code does not address the encroachment into required setback areas of off-ground architectural features, such as bay windows and balconies. Thus, we request a modification of City of Aventura Resolution 2003-64, attached herein as Exhibit B, to allow a street sideyard setback of less than 7' 5" for the Townhomes Parcel. Specifically, we are requesting for additional variances for Lots 10, 11, 20, 21, 25, 30, 31, 44, 45, 50, 53, 54, and 57 in order to accommodate these features by allowing a street sideyard setback of less than 7' 5". We have attached a table illustrating the affected lots and the requested minimum sideyard setbacks as Exhibit C. Condominium. In addition, certain teclmical structural requirements as well as safety and life support system requirements, have resulted in a few revisions to the approved site plan. Specifically, to fulfill the Condominium building's technical structural requirements while maintaining the approved parking count, we have added one parking level and decreased the overall height. The development of the Condominium to 19 stories requires the modification of Condition 16 of the Declaration of Restrictions in lieu of Unity of Title, attached herein as Exhibit D and "Exhibit BU of the August 22, 2003, Development Agreement between MERCO Group and the City of Aventura, attached herein as Exhibit E. Lofts. Several safety and life support system requirements required that the Lofts building's floor area be increased. While the floor area ratio remains below 2.0 for the Project, the addition of floor area to the Lofts Parcel requires a modification to Condition 17 of the Declaration of Restrictions in Lieu of Unity of Title. BERCOW &. RADELL ~N,"..~. U.. _. __...NnloL..........., Ms. Joanne Carr, Director July 30, 2004 Page 3 Building Pennit. Last, Condition 2 in Resolution 2003-64 (Exhibit B) requires a building permit by September 2, 2004. Although the Applicant has submitted an application for the sales trailer building pennit, the permit has yet to be issued. Additional time may be required in order to give the Applicant the ability to address a series of permitting issues that have delayed the Project. Preparing the dedication of N.E. 185th Street and the road closure of N.E. 28th Court, obtaining the contribution in lieu credits for the design work of Miami Gardens Drive, and dealing with ongoing DERM issues regarding environmental remediation on the Property have all been time-consuming delays for the Project. In the event that the sales trailer pennit is not issued by the date of this public hearing, we urge the City Commission to present a motion to provide a twelve- month extension to the time period in which to obtain a building pennit. We look forward to your favorable recommendation. Should you have any questions or concerns, please do not hesitate to phone my direct line at (305) 377-6'J27. Very truly yours, l/l~f7 Melissa Tapanes Llahues, Esq. cc: Mr. Homero Meruelo Mr. Jesus Velez George Moriz, AlA Jeffery Bercow, Esq. BERCOW& RADELL .,aHIN.. .........0 U.. ......~ .N'\I1_...HT...... I.AW i legal Description ,:All I Tract "A"; T1-Ie North :510.86 feet. of tile (oilo\llinq d~scnbed property i " portico of the South,..csl 1/4. of fractional SecliQl"l J. Township 52 South, Range -4-2 EosL -Miami-Code County. Florida, being mO(c portic.ularly dc5Q""iJed as follows: I 13CQin at the Southwest carner of the Northwest 1/'. of the Soutneosl 1/~. of the Southwest 1/4. of laid Froctionol Section J; thence N89d.q59mn26s.cW, 01""9 th. South IIn. o( the North.ost 1/\, of the Southw.,t l/t o( the Southw.,t 1/4, of said S.cti"" J, (0( 80.21 feet; thel1cc NOOde901mn~5secE for 310.85 feel to 0 point CXI C curve (said point bean SOOde906rnin15secW from the radius point of .the ned described circu(O( cunoe); lhen,ce Southeasluly. crionq 0 circular curve. to the len (conca'l'e to the Northetu.t), homq 0 rad~s of. 694.69 feet ond a cenlral angle of OOdeg06minJOsec (Of an arc dU-tonce ,of l.JI feel to Q point of lQ(lgency. thence S89deg5&min1Ssec;E. along Q Ii" pO(olId with end 20.00 f.ol South of os m.osure<! at r;.,nl on<jl. 10 the NorIJI fne a( the South \/2. o( the Northw..1 1/4 or the South".t 1/4. of the .Southw..t 1/4. or said Scc\ian J. 10( 4J1.94 fe.t th""c. ~in45secW. ciOO\l 111. Wcslcnr R;.,nl-o(-Wor lin. o( NL 28th Court end II. Southcnr prolongation a. r<Carded' '" OfflCiol Records Baal< 6~ Poge 160 of the Public R.canls of lliomHlade Cauntr. Florida. for 760.62 le.t tIIencc N89de~59mn2SsccYf. alon9 a .... porcitd with ...d 449.91 feel South of. as meoSIK.d at right "'gle. 10 the North ron. of the South"..t 1/4. of the Southw.st 1/4. of the South"..t 1/\. of .oid SecUon 3. fO( J46.87 f.et Ihence NOOd'946rnin52secW, ci""9 the East rn. of the Southwesl 1/4. or the South".st 1/4. o( said Section J. fO( 4\9.95 feet t. the POINT Of BEGINNING. I~g ond bein9 n l.Iio",I-ood. County, florida, . j i I I I TRACf "B": I I The South H9.91 fe.~ of Ih.. follo..in9 d..crlbed property. A portion of the'Southvresl 1/4 of fractional S~ction J. Township 52 South, Range ~2 Ea:s:L Miomi-Oode County. Florida, being more portieuloc1y descti:>.d os f0l10"s: 8cgi1 at the Southwest come( .of the Northwesl1/4 af the Southeast 1/4 or the Southwest 1/4 of sold fract;onat Section: J; thenc. N89d~59min2SSccYf. oIon~ the South line o( the North...t 1/4 of the South...1 1/4.,( the Southwesl 1/4. 01 said Seetlon J. for ,60.21 leet th...,ce NOOdeg01min45.ecE lor JIO.6!l leel to . poinl on 0 QJf"tt (said poiol bean SOOd<908m..,5sccYf h1I the rad".... point of the nul deserl>e<! circulor CUI"IC); thence Southcaslet1y; dong 0 . cicculcr........ ta the lell (conca.. 10 the Northeast). lIaWl9 .0. radiu. af 694.69 fKt and 0 cen\nll Gn9I. af OOd~nJOsec for on ore cliet...~ of 1.31 . feet to a painl of .tOll~"'CY; thence S89degS6minl5secE. oI...g 0 rVle pcralId wfUI OIId 20.00 feet South of as measure<! at right onqles 10. the: North Iin. of the South 1/2 of the North"est 1/4 or the South.ost 1/4 of ~e South"".1 1/4 ar sold SecUon 3, for 431;94 fKc thence SOOdegOOrnin45secW, al0c)9 the Westetly Righl-<>f-Woy ron. of It.(, 26th Court and Its Southetly p<oion~otion as rec:orde<! in (Olficial Records Boak 6086. P0ge 160 or the Publie Reconl. af lIiomi-!lade Counly. florida, for 760.62 f.et thence N89deg59min2SseeW. along 0 ron. p<<old with and <<9.91 feet South or. as meo.ure<l at right ongl.. to the North rn. of the Southwest 1/4 of the Southwesl 1/4 of the Southwesl 1/4 o( .oid Seelion 3. for 346.87 fe.\; thence NOOd~\6min52s..W, oIon9 the Easl rn. af the South"..t 1/4 of the Southw.st 1/4. of said Section 3. for <<9,9S (.el 10 the POINT Of BEGlNNlItC, 1~~ and beinq in IIlornl-Oode Counly, florid.. I I I , t , I I . TRACT 'C', . A porti()(1 of the [ost 1/2 of the Souttlwtil 1/4- of U1c So.rthCQst I/~ 01 lhe Soulhwest 1/1. of Fractional Seelion J, Township 52 5o>.Jth. Ron9c 42 Eost 1.l1()('T\1-Dadc County, Florida. being more portiwlorty dcscnbcd os foQows: I I Commence ot the Northwest corner of the East '/2 of the Southwesl 1/' .0/ th, South"st 1/' 0/ the Southwest 1/' 0/ soi; Froctiond Section J; thence. run S89dc959min25sec& a10nq the North boundOfl" 01--- the East li2 of the SOlJlhwcst 1/4 of the Southeast 1/4 of the Southw..tl/'. of so,d Fractional Sedion J, a dislonce 01 90.17. feet to the pOint of ntersection lriUt East RiCjYlt-or-Woy baundcry of Northeost 28th Court os descriJcd ., thdt certain Riglt-of-Way Decd to Code County. ficd 011 September 10. 1968. in Officiol Records 800k 6088. poge 160 oi the Public Records of Miomi-OQdc CO<J~ty. floOd.. b,;ng the POINT Of BEGINNING 01 th, porcel o/lond hereno~tf to be de~o-ibed: lhl':nCt run SOOdcqOOmin45stCW alonq the ~fQ(c..sa'd. dc.s?ed ~,"e. lJ distance of 361.25 fed" to the pont of intersection 'll"lth a Inc that is 300.00 leet North of and "p~aAe( to the South boundOl)" of the Eosl 1/2 of the Southwcst 1/' of the Southeost 1/4 or the Southwest 1/4 of .oid Froctiond Sccij"" 3' thence Nn N~9de957min54scc( dong the lo.t dcsctilcd line.'o dlslancc of 200.28 feet lo Q ponl. IQid poi'll' bc..,~ <46~7S" feet Wut of the Eost boundo<y of the South"..1 1/' of the Southeost 1/' of the Southwest 1/4 01 soid. FrocijonGl:l; thence Nn HOOdcqOOmin4S.cc( dong 0 line thol Is 200.28 leet Easlol ond porUlel to the soid East bo.mdory 01 Nanneost 28th Courl. a distonce 01 361.18 leel to th. point 01 inl.....ction with th. North boundary of th, Southwest 1/-4 of the South.ost 1/4 or the Southw..t 1/4 of laid Frodionat ~ec:tion 3: lhence. nln H.69deq59min15secW along the losl dcscnbed I"., 0 distance or 200.28 leet to the .. POINT or BEGINNING,' I I I I I I I I I ROAD TRAcr, That portion af CI. 10.00 feet" wide RiQht-of-Way far N.E. 28th Court os described n Officiof RecOC"ds Book 6068. ot Po~~ 160 of the PubUc Records of Miami-Dade County. Flot1da. 1)'in9 South of the North fine of the East '/2.. of the Southwest 1/4. of Pte Southeast 1/4. of the Southwest 1/4. of Section J. Townsliip S2.Soutll; Rang. 42 Eo.t, Cay 01 A_tura, loIiom1-tlod. C<Nnty, ACrido. . ALSO KHO'Ml AS: A portion 01 the East 1/2. 01 the Southw.st 1/4. 01 tIl. sOutlleosl 1/4. 01 the Southwest 1/1, of Fractional Sec:t1on J, Townshlp ~2 South. Ron~e 42. Easl. . Lttami-~odc County. Florida, bein9 morc partloJlarty de.c:ribed al foUawr. Commence. at the Horth....elt comer of the East \/2.. of the Southwest 1/4. of the .Southeast 1/4. of the Southwest 1/1" of laid Section. 3; . thence SS9dCQ59mln2S,ecE. olong the NO<th Un. 01 the Eost 1/2. of the Southwe.1 1/". of the South..,.t 1/4. of the Southwe.t 1/4. of .old Sect10n 3. lor · distonce of 20.17 feet to its intersection wlUl the West Ri9ht-of-Way Unc of Northeast 2'8th Court. os dneribed In that certain Rl9ht-of-""ay Oecd ta U.\ami-oad.c Cou.nty. Red an Sq)tlCtnb~ lOth. \968. \n Official Recordl Book 608S. Page: \60 of the Public Records of Mtomi-Oadc Count.y. F\on4a. laid point dlo bein9 the PONT OF 8EQNNtNG of the hereinafter described Pared ot Land; thence conlinue S89deq59min25sceE. a1on9 the: last described Une, a distance of 70.00 feet to Its intersection. with [ast Right-of-Way Unc of laid KorthcO:5\ 18th Cac.art.: thence SOOdeQ01min45secW, alon9 laid East Right-of-woy Une of Noc-thcost. 26th Court. for 449,9S feet.: thence Na9dcQ59mio2.Sscc:'H tor 70.00 I I I I II . feet to lls: inlersecti~n ""'lth said West' Ri9ht-cf-""oy Line of NorthelJst 28th Court: thence NOOdc90:rnin45secE.. 010:"19 soid West RiQht-of-",ay Line of Not"thecst 28th Court, fOf .H9.;S feet tf) U",I: P()(NT Of BEGINNING. . LESS: I A portion of the East 1/2. of tht: Southw:st 1/4, of the Soutncost 1/<4. of the Southwest 1/4 01 fractional SecUon J. Township 52 South. RonQe 42 East. Miami-Dode County, Florida, bc:inQ morc porticlJlorly descn'bed QS follows: Commence at the Northwest corner oJ the Eost 1/2. of the Southwest 1/4. ot the Southeast 1/4. of the Southwest 1/4. of said Section.3; thence S89dcg59min25secE. 010n9 the North Line of the East 1/2. of the $ouU,'lfcst 1/4, of ~hc Southeast 1/4. of the Southwest 1/4. at said Section J. fQ(" (l distance of 90.17 feet to It! interuction with the tast Right-of-Way Line 01 Northeast 26th Court. os dcscrlbed in that certain Right-at-Way Decd to .Miami-Dade County, filed on Septemb~ 10th, 1968, in Official Records Book 6088, Page 160 of the Public Records of Uioml-OQde County, Aocida; thutce SOOde901min~5seeW. olon9 the last desaibed line tor 361.33. feet to the POINT Of" SECtNNINC of the hereinafter described Parcel or land; th.ence SOOde~Olmit>45secW for 88.62 feet: thence N89deq59min25sccW for ~5.00 feet; thence NOO<:lcq01min~SaeeE .for 88.60 feet.:. thence Ne9dcq57:min54aecE for. .35.00 feet to the POINT Of" BEGINNING. . . . I Contain'"9 2.8.395.07 Squore reet ond/or 0.6S Acres m.ot" or less. I I I I I I I I ; , I RESOLUTION NO. 2003-64 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 12' FOR TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO ALLOW A STREET SIDEY ARD SETBACK OF 7.5' FOR TOWN HOMES, WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25' SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD SETBACK OF 10' FOR THE SOUTH CONDOMINIUM BUILDING, WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(a) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600 SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THE RMF4 ZONIN~ DISTRICT EXCEEDING 100' IN HEIGHT SHALL BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT 12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS-OF-WAY; GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. EXHIBIT #2 03-V AR-03 Resolution No. 2003-64 Page 2 WHEREAS. the property described herein is zoned B2, Community Business District: and WHEREAS, the applicant, Jeffrey Bercow for Merco Group at Aventura Landings I, II and III, Inc., through Application No. 03-VAR-03, is requesting a variance from Section 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 70S' for townhomes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for townhomes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171(b)(2) of the City's Land Development Regulations to allow two interior parking spaces for town homes, where one exterior and one interior space is required by Code; a variance from Section 31-143(f)(3)(b) to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31-172(c) of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code. WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and Resolution No. 2003-64 Page 3 WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-143(f)(3)(d) of the City's Land Development Regulations to allow a front yard setback of 12' for townhomes, where a 25' setback is required by Code, to allow a street sideyard setback of 7.5' for town homes, where a 20' setback is required by Code, to allow a rear yard setback of 16' for townhomes, where a 25' setback is required by Code and to allow a side yard setback of 10' on the south condominium building, where a 25' setback is required by Code; a variance from Section 31-143(f)(3)(a) of the City's Land Development Regulations to allow a lot size of 1281 square feet for townhomes, where 1600 square feet is required by Code; a variance from Section 31-171 (b}(2) of the City's Land Development Regulations to allow two interior parking spaces for town homes, where one exterior and one interior space is required by Code; a variance from Section 31- 143(f)(3}(b} to allow a building height that creates a shadow on adjacent property, where the Code requires that all buildings exceeding 100' in height shall be situated such that the shadow created by the sun at 12:00 noon on December 21 will not fall on any adjacent property except for public rights-of-way; and a variance from Section 31- 172(c} of the City's Land Development Regulations to allow driveway separations of 95' on the extension of Miami Gardens Drive and 25' on NE 28 Court, where a minimum separation of 150' of landscaped frontage is required by Code, on property legally Resolution No. 2003-6-4 Page 4 described on Exhibit "A" to this resolution is hereby granted, subject to the following conditions: 1) Plans shall substantially comply with those submitted, as follows: . "Aventura Landings", Sheet SP-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 8/21/03. e o "Aventura Landings", Sheet SP-1 prepared by MourizlSalazar & Associates, Inc" dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. o "Aventura Landings-Data Block", prepared by MourizlSalazar & Associates, Inc., revised 6/6/03, signed and sealed 6/6/03. / o "Aventura Landings., Sheet SP-1a prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/6/03 signed and sealed 8/21/03. '- o "Aventura Landings., Sheet SP-1b prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5103. / . "Aventura Landings., Sheet A-1 prepared by MourizlSalazar & Associates, Inc., dated 812002, signed and sealed 6/5/03, revised 6/6/03. ,/ o "Aventura Landings., Sheet A-2 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03 revised 6/6/03. o "Aventura Landings., Sheet A-3 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, revised 6/3/03, signed and sealed 6/5/03. '-/ o "Aventura Landings., Sheet A-4 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03, revised 6/6/03. ,. o "Aventura Landings., Sheet A-5 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03, revised 6/6/03. o "Aventura Landings", Sheet A-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. o "Aventura Landings., Sheet B-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/6/03, signed and sealed 8/21/03. . "Aventura Landings., Sheet 8-2 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5103, revised 6/6/03. 0,/ o "Aventura Landings., Sheet B-3 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. J . "Aventura Landings", Sheet B-4 prepared by MourizlSalazar & Associates, Inc" dated 812002, signed and sealed 6/5/03, revised 6/6/03. /' o "Aventura Landings., Sheet 8-5 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. ./ o "Aventura Landings., Sheet 8-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. v o "Aventura Landings., Sheet 8-7 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. o "Aventura Landings., Sheet C-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 6/18/03./ Resolution No. 2003-6< Page 5 . 'Aventura Landings', Sheet C-2 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-3 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-4 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . 'Aventura Landings', Sheet C-5 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet C-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-7 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . 'Aventura Landings', Sheet C-8 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. / . 'Aventura Landings", Sheet L-1 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. . 'Aventura Landings', Sheet L-2 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. v . 'Aventura Landings", Sheet L-3 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. -./ . 'Aventura Landings', Sheet L-4 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. v . 'Aventura Landings", Sheet L-5 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. . 'Aventura Landings', Sheet L-6 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. 0' . 'Aventura Landings', Sheet L-7 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, signed and sealed 6/5/03. ' . 'Aventura Landings", Sheet L-8 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3/03, signed and sealed 6/5/03. ,/ 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3) This approval shall be effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential and upon the effective date of the Resolution No. 2003-6' Page 6 Amendment; upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District; and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right of way lying south of NE 185 Street. 4) That the sideyard setback variance for the loft building be conditional upon the applicant entering into and providing to the City, a license or easement agreement with Florida Power and Light allowing the applicant to plant and maintain landscaping on the westerly twenty feet of land owned by Florida Power and Light lying adjacent to the east limit of the loft building. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective upon approval by the City Commission of the applicant's request for Comprehensive Plan Amendment from Business and Office to Medium High Density Residential, upon approval by the City Commission of the applicant's request for rezoning from B2 (Community Business) District to RMF4 (Multi-Family High Density Residential) District and upon approval by the City Commission of the applicant's request for abandonment of the portion of the NE 28 Court right-of-way lying south of NE 185 Street and upon the effective date of the comprehensive plan amendment. The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption. The motion was seconded by Vice Mayor Grossman, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2003- M Page 7 PASSED AND ADOPTED this 2nd day of September, 2003. ~ ~Y M. PERLOW, MAYOR APPROV D AS TO LE~SUFFICIENCY: in the Office of the City Clerk this.:i. day of September, 2003. Exhibit \ to Resolution No. 2v....'3- (p 1 LEGAL DESCRIPTION: Tract A: The North 310.86 feet. of the following described property; A portion of the Southwest 1/4 of Fractional. Section 3. Township 52 South. Range 42 East. Miami-Dade County. Florida, being more particulorly described os follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional section 3; thence N 89'59'25" W. along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of 'soid Section 3. for 80.21 feet; thence N D'01'45- E for 310.86 feet to 0 point on 0 CUNe (said point bears S 0'8' 15- W from the radius point of the next described circular curve); thence Southeasterly. along 0 circular curve to the left (concave .to the Northeast). having 0 radius of 694.69 feet and a central angle of 0.6'30" for an orc distance of 1.31 feet to 0 point of tangency; thence S 89.58'15" E. along o fine parallel with and 20.00 feet South of os measured at right angles to. the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3. for 431.94 feet; thence S lToo'4S" W. along the Westerly right-of-way line of NE 28th Court and its Sautherly prolongation os recorded in Official Records Book 6088, Page 160 of the Public Records of Miomi-Dode County. Florida. far 760.62 feet; thence N 89"S9'25" W. along a fine parallel With and 449.91 feet South of, os measured at right anqles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3. for 346_87 feet: thence N lT46'S2" W. along the East fine of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. Tract B: The South 449.91 feet. of the following described property; A portion of the Southwest 1/4 of Fractional, Section 3, Township 52 South, Range 42 East, Miami-Dade County. .Florida. being mare particularly described os fallows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional section 3; thence N 89'59'25- W. along the South line of the Northeast 1/4 of the Southwest 1/4 of he Southwest 1/4. of said Section 3, for 80.21 feet; thence N lT01'4S" E for 310.86 feet to a point .on 0 ~urve (said point bears S 0'8'15" W from the radius point of the next described circular curve); thOf'ce Southeasterly, along 0 circular curve to the left (concave to the Northeast). having a radius of 694.69 feet and o centrol angle of lT6'30" for on arc distance of 1.31 feet to 0 point of tangency; thence S 89'58'15" E, along o ~ne parallel with and 20.00 feet South of os measured at right angles to. the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence S 0'00'45" W. along. the Westerly right-or-way line of NE 28th Court and its Southerly prolongation os recorded in Ofrtciol Records Book 6088. Page 160 of the Public Record.. of Miami-Dode County. Florida. for 760.62 feet; thence N 69'59'25" W, along 0 fine parallel with and 449.91 feet South of, os measured at right angles to the North fine of the Southwest 1/4 of the Southw.est 1/4 of the Southwest 1/4 of said Section 3. for 346.87 feet: thence N IT 46'52" W. along the East fine of' the Southwest 1/4 of the Southwest 1/4, of said Section 3. for 44g.95 feet to the POINT OF BEGINNING, lyin9 and being in Miami-Dade County. Florida. Tract C: A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractio~al Section 3. Township 52 South, Range 42 East. Miami-Dade County. florida. being more particularly described os fol1ow$; Commence at the Northwest corner of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the southwest 1/4 of said Fractional Section 3. thence run S 89'59'25 E along the North boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractiona' Section 3, 0 distance at 90.17 feet to the point of intersection with East ri9ht-of-woy boundary of Northeast 28th Court os described in that certain right-of-way Deed to Dode County, filed on September 10, 1968. in Official Records Book 6088, Page 160 of the Pubfic Records of Miami-Dode County. Florida. being the POINT OF BEGINNING of the parcel of Iond hereinafter to be described: thence run S 0"00'45" W o(ong the aforesaid described line, a distance of 361.26 feet to the point of intersection with 0 fine that is 300 feet North of and parallel to the South boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence run N 89'57'54" E along the lost described line, 0 distance of 200.28 feet to a point. said point being 46.75 fcet West of the East boundo~ of the Southwest 1/4 of the Southeast 1/4 of the .sauthwest 1/4 of said fractional 3; thence run N lTOO 45" E along 0 line that is 200.28 feet East of and parallel to the said ';:ast boundary of Northeast 28th court, 0 distance of 361.18 feet to the point of intersection with the North .()undary of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3, thence run N 89'59'25" w along the lost described line, a distance of 200:28 feet to the POINT OF BEGINNING. ::'j:.~':;:. llROWARD COUNTY ..-.-.-.-. IlADE COUNTY IVES DAIRY RD. MIAMI GAAOENS OR. ~ w X is == :. :. :. :. :. :' '. :1 '. :. :. :. :. :. :. '. :. :' '. :. . . . :1 :' '. , '. :1 .. :. :- :" .. C :- :" .. :. ~ ~ :" :. :. :. .. , .. . .. . :' .. :. :. :. :~ " -;"-.---":"'=--,~.-'" - '" -'n'-L-'-'-'- .l-~ . . -. III .. III .. .. .. .. .. .... 1_1_ _ .Wrl.............,......,.,............ - ~<t((am VAC T UB DR. : . . . . . . : ~ ~ =rL . =---' i l"-W ~\ ~... WATERWAYS BUllL- Waterways Shoppes 207 ST. COUNTRY CLUB DR. D. !!J AVENTURA ~\..'o/Q' FIre I 0 Rat:u A__ SI<IIlon U g m z iti o o 201 TER. Aventura Mall 192 ST. 1 Sl: Lo.hmann', Ftuhlon ~ I,1mrd <( !!J 188 ST. SITE ~~- .:;, -'~ a; c~ c:i ~ m z iti o o AtIanti Ck<an LEGEND o r~ , ~ ...... Roadways CIty Boundary ZIP Code Boundary Railroad EXHIBIT #3 03-V AR-03 RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT TO IMPLEMENT A "DON'T CROSS THE LINE" PROGRAM AT THE INTERSECTIONS OF BISCAYNE BOULEVARD AND MIAMI GARDENS DRIVE AND BISCAYNE BOULEVARD AND WILLIAMS ISLAND ROAD IN ORDER TO ELIMINATE MOTORISTS FROM BLOCKING INTERSECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to facilitate the movement of traffic, it is important to educate motorists on traffic laws and to remind motorists not to block intersections; and WHEREAS, in an effort to remind motorists not to block intersections, the establishment of a "Don't Cross The Line" Program, consisting of placing a line and signage at intersections reminding motorists not to block the intersections, is hereby requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission of the City of Aventura urges the Florida Department of Transportation and the Miami-Dade County Public Works Department to implement a "Don't Cross the Line" Program at the intersections of Biscayne Boulevard and Miami Gardens Drive and Siscayne Boulevard and Williams Island Road in order to eliminate motorists from blocking intersections. 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 Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7th day of September, 2004. Resolution No. 2004-_ Page 2 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of September, 2004. CITY CLERK CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: City Commission C Eric M. Soroka, ICMA-CM, r-rg Robert M. Sherman, Director 0 omm ity servi~ August27,2004 TO: BY: DATE: SUBJECT: 2004 Founders Day Program September 7,2004 City Commission Meeting Agenda Item--.k:-.:J Recommendation: The City Commission accept this program proposal for Founders Day which will be held on Sunday, November 14, 2004 at Founders Park. This year's program includes new intergenerational and interactive programming, more activities geared for toddlers, arts and crafts activities, expansion of the talent competition, increased audience participation, and provides culturally diverse entertainment. The Founders Day Concert is planned to headline David Clayton-Thomas and Blood Sweat and Tears, featuring the Santana Tribute Band as the opening act. Blood Sweat and Tears is the renowned band with numerous classic hits with intergenerational appeal, and the Santana Tribute Band plays pop music with a Latin flair. This band also features dancers who will engage audience participation. Backaround: The Community Services Advisory Board unanimously approved this program proposal at their August 26, 2004 meeting. A revenue and expense summary for Founders Day is attached hereto for your review. This event is contained in the FY 04-05 Budget and is funded at $70,000. The net cost is projected to be $68,600.00. If sponsor or ticket revenues are not realized as expected, then adjustments will be made to the program, as required. Please refer to the attached map for location of all activities. This event will be advertised and marketed to all residents by direct mail to all Aventura households, lawn signs, press releases to local newspapers, City website, flyers faxed and distributed to condominiums, Charter School, Community Recreation Center and Founders Park, City cable television channel, and the City AM radio station. City Commission August27,2004 Page Two Founders Day Program Proposal Sunday, November 14,2004 Aventura Star Talent Competition. 10 AM - 1 PM This talent competition is for Aventura residents only. Applications must be submitted to the Community Recreation Center by 5 PM on Friday, October 1, 2004. All applicants will be notified of audition dates which will be held on October 16, 2004. All contestants will be notified of status by mail only the week of November 1, 2004. Finals will be held at the Community Recreation Center on Founders Day from 10 AM - 1 PM. The finals are open to the public. Founders Dav Park Activities & Entertainment. 1 - 4 PM Toddler Town . Inflatable Toddler Play Center - including a tunnel, slide, Little Tykes play area and bubble machine for ages 3 and under. . Classic 8-horse Musical Carousel for ages 2 - 6 years old. . Inflatable Pirate Bounce and Play for loads of adventure. . 24 Foot High Inflatable Super Slide for those older children craving for adventure. . Toddler Time - Four (4) leaders will organize interactive toddler games including fun with bubble time, sidewalk chalk projects, Little Tyke toys, and games including rainbow ribbons, fun with instruments, folk dance, balloon drop and an animal relay. Entertainment Tent Activities . Creative Clown School - Participants of all ages will learn about juggling, balloonery, clowning and drama. . Comedy Theater & Banana Split Show - Participants will enjoy a comedy/improvisational experience and sample a giant banana split treat. . Bingo Challenge - A variety of bingo games will be played and enjoyed by all and prizes will go to all winners. Bayside Stage . The Little School Theatre for the Performing Arts from 1 - 3 PM will entertain the crowd with a variety of performances including music, dance and fashion. . What's the Deal Challenge from 3 - 4 PM, a game similar to jeopardy where participants will win $500 worth of prizes. City Commission August 27, 2004 Page Three Activities for Everyone . Free cotton candy will be offered to every participant entering Founders Park. · Sport Speed Cage with radar where participants can test the speed of their pitch. . OJ - will be located in the parking lot near the entrance to set the mood for fun. · Purple People Painters will be available to paint the entire face of a participant in a variety of characters including lions, tigers and bears. An airbrush artist will also be available for more detailed designs. . Oh'Limpic Games will take up the center field where children will participate in wacky and fun relay games and adventures that are a parody of the Olympic Games. . Craft Tents - Six (6) staff will assist participants at three (3) adventure themed craft tents to provide creativity for all ages. . ACES Mural - The Aventura City of Excellence School art teacher will begin a mural in her classes and then bring it to Founders Day for the crowd to complete and enjoy. The mural will be hung at the school. . Community Service Groups - non-profit community group tents and displays. . Sponsor Row - tents for event sponsors. . Food and Beverage Dining Tents - Participants can use their Founders Bucks all day. Possible vendors include: Aventura Optimist Club, Aventura Kiwanis Club, Boy Scouts, Custard Cravings Ice Cream, Mamma Mia Italian Ices, Asher's Place, Carol's Corn Crib and Papa John's Pizza. Menu items include: hot dogs, hamburgers, steak and chicken sandwiches, pizza, kosher food, ice cream, gyros and kabobs, fresh squeezed lemonade, soft drinks, bottled water, bakes goods, popcorn and Italian ices. Transition Entertainment for Founders Day Concert . Two (2) creative artists will entertain the crowd with balloons and magic as they wait to enter the concert at Founders Park north from 3:30 - 4:30 PM. Founders Day Concert Gates and food booths open at 4 PM. Participants can use their Founders Bucks all day. Possible vendors include: Aventura Optimist Club, Aventura Kiwanis Club, Boy Scouts, Custard Cravings Ice Cream, Mama Mia Italian Ices, Asher's Place, Carol's Corn Crib and Papa John's Pizza. Menu items include: hot dogs, hamburgers, steak and chicken sandwiches, pizza, kosher food, ice cream, gyros and kabobs, fresh squeezed lemonade, soft drinks, bottled water, baked goods, popcorn and Italian ices. City Commission August27,2004 Page Four All performance times are approximate: . 4:45 - 5 PM Catherine Cue . 5 - 5:45 PM Santana Tribute Band . 6 -7:30 PM DAVID CLAYTON-THOMAS and BLOOD SWEAT and TEARS RMS/gf Attachments RMS04059 2004 Founders Day Budget Revenues Ticket Sales (2750 @ $5 ea) $ 13,750.00 Sponsors $ 45,000.00 Projected Revenues $ 58,750.00 Expenditures Founders Day Program Expenses Shuttle Buses $ 1,000.00 Signage $ 1,000.00 Entertainment and Games $ 5,100.00 Inflatable Games and Activities $ 2,500.00 Tents chairs tables rental $ 10,500.00 Aventura Star $ 4,000.00 Davtime activities $ 3,000.00 Founders Day Program $ 27,100.00 Concert EXDf!nses Blood Sweat and Tears $ 50,000.00 Staging $ 15,000.00 Producer $ 6,500.00 Sound $ 7,250.00 Lighting $ 7,000.00 Transportation $ 500.00 Santana Tribute Band $ 3,500.00 Temporary Lighting and Generators $ 750.00 Rain Insurance $ 4,750.00 Concert Expenses $ 95,250.00 Founders Bucks Reimbursements $ 5,000.00 Founders Day and Concert Expenses $127,350.00 Projected Revenues $ 58,750.00 Net Cost $ 68,600.00 '\ -- ~~:.-' \ 111\ __-..... ....".~.::--::. 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FL 33180 'D/~/n~ '"..100' FOUNDERS DAY SITE PLAN SUNDAY, NOVEMBER 14, 2004 eo, c,\ , CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission BY: Robert M. Sherman, Director DATE: August 30, 2004 SUBJECT: Bid No. 04-8-30-2, Public Works and Landscape Maintenance Services September 7, 2004 City Commission Meeting Agenda Item 10-1<. Recommendation: The City Commission adopt the attached Resolution awarding Bid No. 04-8-30-2, Public Works and Landscape Maintenance Services, to the lowest responsible and responsive bidder, Luke's Landscaping, Inc. for the price of $1,333,795.00. Backaround: In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on August 3D, 2004. All contract specifications were reviewed by the Finance Support Services Director, City Attorney and Landscape Architect prior to advertising for bids. Twenty-four (24) firms either downloaded the specifications through "Demand Star" on the internet or picked up plans from the City. A mandatory pre-bid meeting was held on August 12, 2004 and five firms were in attendance: Luke's Landscaping Elan Landscaping RJP Enterprises Vila and Sons Landscaping Tropics North Landscaping This bid was offered for a three year term, with the City retaining the sole option to renew the bid for one additional three year term. This bid specified the maintenance practices of landscaped areas, maintaining all street furniture, irrigation maintenance, athletic field maintenance, and the associated right-of-ways, as well as performing public works services such as shopping cart removal, "pooper scooper" maintenance, and pesticide and fertilizing applications. This bid also included specific requirements regarding the specialized maintenance practices associated with Royal Palm and Date City Commission August 30,2004 Page Two Palm trees. The bid also specified pnclng for planting flowers three per year (approximately 70,000) and approximately 6,000 cubic yards of mulch installed in place. The bid specifications also require the bidder to provide the City with 24 hour support ranging from clearing roadways to providing clean-up and recovery services for major emergencies, such as hurricanes, storms and flooding. The successful bidder was also required to own certain equipment necessary to maintain the parks, athletic fields, medians and right-of-ways within the City and to establish a storage compound within sixty days of the bid award inside a five mile radius from the Aventura Government Center. The base bid included the following maintenance functions: Routine Irrigation Maintenance General Maintenance as Specified Merit Soil Drench for Royal Palms Date Palm Maintenance Athletic Field Maintenance Seasonal Flowers Cygon Foliar Spray for Royal Palms Mulch Installed in Place The bid results are as follows: Luke's Landscaping, Inc. Tropics North Landscaping $1,333,795.00 1,931,050.00 Based on the foregoing bid results, I recommend Luke's Landscaping, Inc. be awarded Bid No. 04-8-30-2 at a total cost of $1 ,333,795.00 per year. RMS/gf Attachments RMS04060 RESOLUTION NO.2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-8-30-2, PUBLIC WORKS AND LANDSCAPE MAINTENANCE SERVICES TO LUKE'S LANDSCAPING AT THE BID PRICE OF $1,333,795.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 04-8-30-2, PUBLIC WORKS AND LANDSCAPE MAINTENANCE SERVICES; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the projecllwork as cited above; and WHEREAS, staff has determined that Luke's Landscaping, Inc., has submitted the lowest responsible and responsive bid for said projectlwork; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 04-8-30-2, PUBLIC WORKS AND LANDSCAPE MAINTENANCE SERVICES, is hereby awarded to Luke's Landscaping, Resolution No. 2004-_ Page 2 Inc., in the amount of $1,333,795.00. 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 contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item Nos. 001-5001-50-539-3450 and 001-5001-50-539-4672. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by The motion was seconded by vote was as follows: , who moved its adoption. and upon being put to a vote, the Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7'h day of September, 2004. JEFFREY M. PERLOW, MAYOR Resolution No. 2004-_ Page 3 ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA BID TABULATION PUBliC WORKS & LANDSCAPE MAINTENANCE SERVICES BID NO. 04-8-30-2 BID OPENING AT 2:00 PM ON AUGUST 30, 2004 Lukes Landscaping Total Base Bid Addendum 1 Proper Bid Schedule Subs Listed Acknowledged Bond of Values 1,333,795.00 Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Included Entity Crime Bid Insurance Affidavit Bidder Qual. Stmt. Yes Certificate of Competencies Yes Yes Yes Yes Yes Total Base Bid Addendum 1 Proper Bid Schedule Bidder Acknowledged Bond of Values Subs Listed QuaL 8tmt. Tropics North 1,931,050.00 Yes Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit Yes Yes Yes Yes Yes Public Works & Landscape Maintenance Bid #04-8-30-2 Schedule of Values # Luke's T ropies North 1 Cuts,Apr-Sep 534,000.00 712,160.00 1 Cuts,Oct-Mar 356,000.00 712,160.00 1 Add. Cut 0.00 10,560.00 2 Seasonal Color 1.20 1.35 3 Soil Drench 10.00 20.00 4 Cygon 15.00 10.00 5 Phoenix 40.00 30.00 6 Mulch 2,850.00 3,400.00 A Foreman-Reg 30.00 45.00 A Foreman-OT 45.00 45.00 B Laborer-Reg 20.00 25.00 B Laborer-OT 30.00 39.50 C Loader-Hr. 55.00 65.00 C Loader-Day 440.00 520.00 C Loader-Wk 2,000.00 2,750.00 C Loader-Month 6,000.00 9,500.00 D Dump Truck-Hr. 35.00 100.00 D Dump Truck-Day 280.00 800.00 D Dump Truck-Wk 1,400.00 3,800.00 D Dump Truck-Mth 5,600.00 15,000.00 E Water Tank-Day 150.00 480.00 E Water Tank-Wk 750.00 2,400.00 E Water Tank-Mth 3,000.00 9,600.00 F Topsoil 30.00 40.00 G Lawn Sand 50.00 38.00 H Fibar 2,250.00 80.00 I Atlas Soil Mix 40.00 46.00 J Coconut Pain 14.00 7.00 K Irr. Repair-Reg 37.50 45.00 K Irr. Repair-OT. 56.25 60.00 L Irr. Laborer-Reg 20.00 35.00 L Irr. Laborer-OT 30.00 45.00 M Trencher- Hr. 37.50 301.50 M Trencher-Day 300.00 800.00 M Trencher-Wk 1,500.00 2,880.00 M Trencher-Mth 6,000.00 9,390.00 N 51. Aug. 0.35 0.50 0 Palette of St Aug 200.00 225.00 Q Steer Loader-Hr. 50.00 55.00 Q Steer Loader-Day 400.00 440.00 Q Steer Loader-Wk. 2,000.00 2,100.00 Q Steer Loader-Mo. 8,000.00 8,000.00 A. LOCA nONS OF WORK TECHNICAL SPECIFICATIONS I. Accompanying these specifications is an area map defining areas to be maintained. By submitting a bid, the bidder certifies that he/she is familiar with the sites and the proposed scope of work, prior to submitting a bid. The City reserves the right to remove specific locations on a temporary or permanent basis, as deemed appropriate. B. EOUIPMENT 1. All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by law, properly maintained, and in use at all times. If equipment does not contain proper safety devices and/or is being operated in an unsafe marmer, the City may direct the contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City of A ventura. The contractor shall be solely responsible and liable for injury to persons, and/or property damage caused by operation of the equipment. All equipment will be inspected and evaluated by the City of A ventura Landscape Architect, prior to award of this bid. The following equipment shall be located at the storage satellite facility in the event of emergencies and be available to the CITY within the required time frames: FOOT compliant arrow board and 75 FOOT compliant traffic cones. Backhoe- front end loader Twenty cubic yard dump truck Hydraulic 65 foot bucket truck The City. at its sole discretion. mav reauire that anv of the special eauipment be located in the satellite storage site as specified herein. A. Special equipment required (in addition to Standard Maintenance Equipment). 1. The contractor must own or have leased the following eauipment at the time of bid submittal. The City mav renuire proof of such ownership or lease agreement at its sole discretion.. . One (1) 400 gallon portable water sprayer and one (1) 2500 PSI pressure washer. FOOT Compliant arrow board and 75 FOOT compliant traffic cones. Three (3) fertilizer spreaders. One (I) pull behind aerator, subject to Landscape Architect approval. Portable Stump Grinder 6" below grade Underground wiring location equipment Two hydraulic bucket-trucks with a reach capacity of no less than 65 feet. One backhoe/front end loader combination machine (equivalent to a Ford F555 orlarger.) One 24 foot minimum vertical man lift (pole cat or equivalent). Two portable brush chippers with 20 cu yard capacity storage truck. Two twenty (20) cubic yard capacity dump trucks. One Utility Box Truck or Van. One portable gasoline generator 5000 W Min. Two (2) 60" three gang hydrostatic reel mowers. (5 blades per reel min.) One (I) 21" Reel Mower (5 blades) Four (4) utility carts that can traverse landscaped areas without damaging plants . . . . . . . . . . . . . . . 80 . or irrigation. One Skid-steer Loader with the following accessories: Tree Boom, Fork, Bucket, and Auger. 2. The contractor must own or have leased the following equipment within 5 davs of the bid Award. . A two-way communication system (NEXTEL) between all of the contractors service vehicles and their main office and CITY personnel. C. SATELLITE STORAGE AND MOBlLIZA TION FACILITY 1. The contractor must operate at least one storage and mobilization site within a five mile radius of the City limits of the City of Aventura, within 60 days of award, as follows: A. The storage site may be totally enclosed or may be open and surrounded by a six foot height, lockable, chain-link fence. B. The storage site must have a minimum of 2000 sq. ft. area, with a minimum 600 sq. ft. of fully enclosed, lockable, and secure materials storage area, and must be continually available to the contractor for the full duration of this contract. The City reserves the right to inspect this facility prior to award of bid, and at any time during the course oftbis contract. The contractor will have 60 days to secure the storage site after award of contract. D. SCOPE OF WORK 1. Contractor shall maintain the contractually covered landscaped areas at the frequency rate prescribed with conventional production style mowing and lawn maintenance equipment. A manicured professionally groomed appearance is the desired result. The Contractors work will be inspected by the City and the City's Landscape Architect. 2. Contractor shall maintain all other areas as required by City during the course of this contract. 3. Contractor shall adhere to City noise ordinance. E. PROFESSIONAL ORGANIZATIONS 1. The contractor, as a minimum, must be a member, in good standing, of the following organizations: A. Florida Nurserymen & Growers Association (FNGA) B. Tree Care Industry Association (TClA) 2. The Contractor shall provide proof of membership with the bid submittal. F. DEFINITIONS 1. If the Contractor intends to use sub-contractors to perform any work on this contract, these sub-contractors are subject to approval by City, at its sole discretion. 2. Maintenance as defmed for bid purposes shall include: Litter, trash, and debris removal and disposal; mowing; edging; hedge trimming; tree trimming; Bermuda turf maintenance; raking; sweeping; weeding, aerating, weedeating, herbicide applications including preventive and corrective applications, fertilization, insect control including fire ant control, irrigation system repair, Date Palm maintenance; decorative street banner replacement and landscape lighting maintenance, including, but not limited to, adjusting of timers and maintaining photo cells, and 81 maintenance of all street and landscape furniture and structures, including graffiti and daily shopping cart removal and litter pick up and removal seven days per week, as defmed by the City 3. In addition, the Contractor also will be responsible for providing the following public works services with no extra labor, equipment, fuel, or travel charges to the CITY: A. Remove dead animals B. Clay infield maintenance and striping of ball fields (once per week for striping and twice per week for clay infield maintenance) C. Repair ballfield netting as directed. D. Repair/install temporary chain-link fencing. E. Pressure clean City facilities as directed. F. Inspect water fountains bi-weekly and submit weekly and monthly written reports G. Complete minor carpentry work as directed. H. Install, straighten, and remove street signage as directed. I. Daily sidewalk maintenance, including weed control. Complete minor concrete work as directed. J. Clean all catch basins weekly, or as directed. K. Use a mechanical sweeper on Country Club Drive Jogging path three times per week (Mon, Wed, Fri). L. Complete minor painting as directed. M. Complete facility and building management tasks as assigned: including assembling and moving of furniture, chairs, tables, podiums, etc. during normal working hours, weekends and evenings as directed. N. Stock pooper-scooper stations twice per week, or as directed.. O. Pick up trash and litter daily (7 days per week) and submit a log indicating estimated amounts in cubic yards per NPDES requirements P. Remove all shopping carls from all public rights-of-ways and retwn to owners property daily.(7 days per week), or as directed. Q. Complete daily cleaning and inspections of street furniture and utility boxes and vaults. (graffiti, trash removal, and cleaning of glass) R. Meet with City staff as directed. S. Maintain all streetscape furniture as directed. T. Store excess streetscape furniture and other materials as assigned in satellite storage facility. U. Perform all other related tasks as directed by the City. V. Provide miscellaneous foliage as directed by City in wicker baskets for decoration of special events including delivery and pick-up (approximately 150 palms and flowers per year) 4. The Contractor will be responsible for providing the following services which will be paid for based on rates defined in Schedule of Values (page 17): A. Install banners/flags on street light poles, including repair of banner arms as directed. B. Hang Christmas decorations and lights for Government Center, Founders Park, and streets. C. Purchase and install Fibar Playground Safety Surface (or equal) and playground sand. D. Install street furniture, banners, banner arms, and other amenities as directed. G. SPECIAL CONTRACT REOUIREMENTS 1. DUTIES of the OWNER or PRESIDENT or CHIEF EXECUTIVE OFFICER or CHIEF OPERATING OFFICER: This position shall be dermed as the person who has the authority to make immediate and binding decisions on behalf of the CONTRACTOR (without obtaining any approvals from others), regarding the disbursement of any resources needed including but not limited' to chemicals, materials, equipment, labor, or otherwise as directed by the CITY. These duties will be performed at no additional labor or travel charges. 82 a. Shall be available to attend all meetings with the City within 24 hours of notification at no charge as directed by the City. b. Shall be available to the City for plan review and landscape consulting as assigned at no charge. c. Shall be available to the City within one (I) hour notification for emergencies at all times at no charge, including facility maintenance duties, boarding up of facilities, and other work as directed by the City. d. Shall be present at all special events, programs and activities as directed by the City, and be present at all planning meetings at no charge, with one hours notice. Special events are typically held on weekends and evenings, and CONTRACTOR shall receive schedule of events. There are typically 22 to 30 major events per year. e. Shall be present and on-site in the CITY EOC in the event of a natural disaster or emergency, including but not limited to hunicanes, tornadoes, flooding, and other acts of God at no charge. f. Shall be available to City for routine, weekly, and as-needed inspections of all landscaped areas as directed by the City. g. Shall be available to the City's Landscape Architect as directed by the City for inspections, reviews, and consultation. h. Shall be available via telephone or NEXTEL communications on a 24/7 basis. L Shall maintain a crew of twelve (12) people including at least one Superintendent level position to be stationed in the City Monday through Friday 7 AM - 5 PM. When the president/owner is out of town, an alternate contact shall be provided, and shall be approved at the CITY's sole discretion. 2. All of the contractor's employees must wear shirts with orange reflective stripes that identify the company name at all times. Bright orange T-Shirts may be substituted at the City's sole discretion on a temporary basis. 3. Maintenance of traffic must conform to the current edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards Indexes, the Standard Specifications for Road and Bridge Constnlction and the Manuals on Uniform Traffic Control Devices, as a minimum criteria. 4. The President/Owner (or as specified in paragraph G 1) shall be on-call and available to the City on a 24 hour basis, at all times, for emergency pwposes. 5. The contractor, on an immediate and first priority basis, shall avail all its resources and equipment to the City in the event ofan Act of God (Le. storm, tornado, or hurricane) or an auto accident that causes a tree to fall and block a roadway or pedestrian area, or any other emergency deemed by the City Manager or his designee. Work may include but is not limited to roadway clearing, extensive clean-up and disposal activities. 6. The contractor shall be available to meet with all public utilities to locate all irrigation and hydraulic lines prior to excavation by the utility company, The contractor is to act as the City's representative in order to avoid unnecessary damage to irrigation lines. 7. All benches and bus shelters located on public medians and rights-of-way are to be kept clean, including cleaning of glass, and free of graffiti and all street furniture shall be cleaned dailv and trash receotacles are to be emptied on a dailv basis. seven davs per week, meaning all trash receptacles and street furniture are to be cleaned on a daily basis (7 days a week including all Holidays). This includes periodic polishing as assigned. 8. No fuel, oils, solvents, or similar materials are to be disposed of in any catch basins. The contractor must closely adhere to local, state, and Federal Environmental Protection Agency requirements, and is responsible for all non- compliance penalties. 9. All stnlctures, signs and monuments, located on all City property shall be checked for graffiti daily. 83 10. The contractor must have substantial experience in the large scale landscape and irrigation maintenance of parks, public rights-of-way including medians and high traffic roadways. This experience must include a minimum of five years experience in this type of work, including the maintenance of a Wethose or similar sub-surface irrigation system. Proof of such shall be required at bid submittal. 11. Aerial spraying of trees, with the exception of Royal Palms, is prohibited due to extensive bird and wildlife habitat located on the golf course. 12. The contractor, at his satellite storage facility, must maintain an adequate supply of lumber for bracing of fallen trees, as follows: 1. 2 x 4's x 16' length (minimum quantity - 36) 2. 3 x 5's x 8' length (minimum quantity - 36) H. REOUlREMENTS FOR IRRIGATION SYSTEM MAINTENANCE: ALL REQUIRED MAINTENANCE IS PERFORMED AT NO ADDmONAL LABOR, VEHICLE, FUEL, OR TRAVEL CHARGES TO TIlE CITY. 1. The irrigation system within a major portion of the City is a conventional, above ground, city water irrigation system fed by numerous City water meters. The irrigation system consists of Toro solenoid valves, Febco vacuum breakers, Toro Monitor II controllers, and Taro irrigation heads. 2. The irrigation system on the William Lehman Causeway is a wethose drip irrigation system with lateral lines installed 18" apart, with in-line filters. The control system is one 24 station Toro Custom Command controller. The controller has a Nelson rain sensor. All filters and lines are to be flushed, cleaned, and maintained monthly, or as required to maintain the required water flow. 3. All valves, controllers, and other components must be maintained on a regular basis at no additional charge. This will include, but not be limited to, the checking of breaks in the lateral lines. 4. All irrigation breaks or malfunctions must be repaired by the Contractor within 24 hours notification by City (including weekends). This includes all vehicular damage to irrigation and/or landscape materials. Furthermore, all damages noticed by Contractor shall be reported to City within 24 hours. I. PUMPING STATIONS FOR COUNTRY CLUB DRIVE AND AVENfURA BLVD, 1. The irrigation water is fed from the adjacent lake. Water runs from the lake to a filtration tank. The filtration tank consists of 3 aluminum screens that are graduated in decreasing size. (these screens are to be cleaned on a weekly basis). From the filtration well the water goes to the pumping tank. 2. The pumping and filtration tanks will need to be monitored regularly for sediment build-up. A jet-vac may be required to adequately clean sediment build-up. Failure to monitor this sediment build-up will result in system failure. 3. The pumping station is an Aquaturfpumping station powered by twin 25 HP, vertical turbine pumps that create a fully pressurized system. 4. All timing sequences are to be set as to not exceed a velocity of 5 feet per second. This is mandatory in order to prevent excessive main-line pipe wear. 5. All valves, flow meters, electrical controls, micro-switches, Clayton valves, and other components must be 84 maintained on a regular basis and records must be kept on a monthly basis, regarding water consumption. This information is to be supplied to the City in case warranty repair work on the turbine pumps is required. In addition, and based on an agreement with the South Florida Water Management District, water consumption must be monitored so as to not exceed the allotted monthly usage, and records submitted monthly to City in the form of a written report monitoring daily water usage. 6. Due to debris that is present in the lake water, daily inspections and/or adjustments are required for the Clayton valve. Failure to do so may cause excessive line pressure and/or line failure. 7. Contractor must monitor water conswnption from Turnberry Isle Lakes and meet, on a monthly basis, with the golf course superintendent to review monthly usage and allotment. 8. Contractor will be responsible to repair all main-line breaks due to over-pressurization of system. 9. The Y -strainer must be kept clean and free of debris. J. IRRIGATION REPLACEMENT. REPAIR & RETRO-FITIING I. The contractor, at his expense, will be responsible for the proper maintenance, replacement, repair, or retro-fitting of all irrigation components. The wholesale cost of parts only will be borne by the City, with proper docwnentation and approval by the City's' Landscape Architect and/or City's' staff. K. DELIVERY. STORAGE. AND HANDLING 1. Deliver fertilizer materials in original, unopened, and undamaged containers showing weight, analysis, and name of manufacturer. All fertilizer materials shall be stored in manner to prevent wetting and deterioration. L. MATERIALS I. Fertilizer and insect/disease control materials (all rates as established by accepted horticultural standards, manufacturer's recommendations, and as approved by City's' Landscape Architect). . A. Lawn 1. February - Apply granular 20-0-20 with Atrazine or approved equal. 2. May - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect control. 3. September - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect control. 4. December - Apply granular 20-0-10 with Atrazine. 5. The Spring thru Fall application rates for lawn areas will vary according to weather and environmental conditions, but typically average 75 granular pounds per 1000 sq. ft. B. Palms (except Phoenix Dactilifera and Phoenix Canariensis Date Palms) 1. Apply four applications per year (at quarterly intervals) of liquid 16-4-8 with micro- nutrients and granular 13-3-13 with micro-nutrients. 2. The time of the applications will coincide with the lawn applications. 3. The liquid and granular applications will alternate throughout the year (2 applications of liquid and 2 of granular). 4. Supplemental Manganese Sulfate and Sul-po-mag may be required to correct nutrient deficiency. 5. OTC (Lethal Yellowing) injections, as required. 85 C. Trees I. Three applications per year of 13-3-13 granular fertilizer or approved equal. D. Shrubs and Groundcover I. Four applications per year (each three months). Flowering shrubs are to receive applications of granular 8-10-10 SCD with micro-nutrients supplemented with liquid 16- 4-8 with micro-nutrients. Non-flowering shrubs are to receive applications of granular and liquid 16-4-8 with micro-nutrients. All Ixora species shall receive TRI-NITE (or equivalent) w/minor elements fertilizer. E. Seasonal Color I. Apply one initial and one "mid-term" application of Nutricote total 70 day 13-3-13 fertilizer for each seasonal color planting. F. Phoenix Dactilifera (Date Palms) I. Fertilization: Palms to be fertilized four times per year in the months of February, May, August, and November. Fertilizer to be 12-6-8 SCD with minor elements. The rate of application shall be 10 pounds per palm per application. 2. Disease Control: Three limes per year all palms will be treated with a systematic fungicide(s) which is labeled for Fusarium, Pithium, and Phythophthora. These applications will be performed as a root drench during the months of March, July, and November and are considered to be preventive maintenance. 3. Observation: It shall be the contractors obligation to perform regular monthly inspections of the palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. Further, the Contractor is responsible to report the development of disease or other problems along with recommended solutions. These reports are to be written and should be received by the City no later than ten days after each inspection. It is required that the City be notified in advance of planned activities in order to allow them to witness and record the applications. G. Inspect and disease activity, other than Date Palms, will be treated on an "as-needed" basis upon inspection. Required service calls between scheduled maintenance will be at Contractor's expense. M. HERBICIDE (All herbicide applications will be applied only by a State of Florida and Dade County licensed pesticide applicator. Proof of license must be supplied to City prior to start of work). 1. Trees and palms within lawn area: Spray area 2" away from trunk with Round-up by Monsanto Manufacturing Company. Do not spray tree leaves, suckers, or open wounds. Do not use weed-eater for trees and nalms within lawn area (Do not spray herbicide near Phoenix Date Palms). 2. All weeds that appear within sidewalk or curbing expansion joints are to be continually controlled through the use of herbicide. N. PREVENTIVE SPRAY FOR INSECT CONTROL 1. Lawn: Spray all lawn and athletic field areas as required, for control of all chinch bugs, army wonns, sod webworm, fungus, fire ants, and other pests. Spraying shall be accomplished (at Contractor's expense) by State of 86 Florida and Dade County licensed pesticide control company, using Integrated Pest Management Principles. 2. Shrubs: Spray shrubs and ground cover (excluding bougainvillea), as needed, with insecticide. Follow manufacturer's instructions for application, using Integrated Pest Management Principles. 3. OTC (Lethal Yellowing) injections: Upon evidence of lethal yellowing, immediately begin (4) gram injection, per palm, of OTC tree injection formula (Tree Saver Inc. or equal). Follow manufacturers recommendations re: injection method and frequency. 4. Red Eye Royal Palm Bug: Upon evidence of deterioration of the head of the palm, begin a 5 gallon per palm soil drench with Merrit soil drench. Perform a second soil drench within 21 days. Follow manufacturers' recommendations re: installation methods. In some heavy infestations, a foliar application of Cygon is recommended for immediate results. Drench head of palm until runoff occurs and repeat foliar spray within 2 I days. NOTWITIlSTANDING ANY LANGUAGE IN TIllS CONTRACT, ALL CHEMICAL APPLICATIONS SHALL REQUIRE WRITTEN APPROVAL BY CITY PRIOR TO APPLICATION. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND MONTIILY CALENDARS FOR APPROVAL PURPOSES RELATING TO CHEMICAL APPLICATIONS AND LOCATIONS. O. MOWERS AND EDGERS I. All rotary mowers shall be adjusted to 2 1/2" or 3" cutting height as directed by CITY, shall be in good repair, shall have no oil or gas leaks, and shall be equipped with grass catchers and sharp blades. 2. All rotary mowers must be mulching-type mowers with no discharge allowed, or all clipping must be manually removed. 3. All equipment must be maintained in sound working condition in order not to exceed comfortable decibel levels or as determined by the City at its sole discretion. 4. Edgers shall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight edge not more than 1/2" away from walks and edge of pavement. P. MULCH I. Grade 'A' Red or Brown Cypress bark mulch (provide evidence of type and grade of mulch, to City, prior to delivery, for approval by City's' Landscape Architect). Color to be specified by CITY. 2. Mulch all planting areas not covered by shrubs, ground cover, or existing mulch (two limes per year, or as directed by City), so as to effect a 2.5" mulch depth. Q. METIlODS OF MAINTENANCE I. Mowing oflawn areas (except Bermuda turf). A. Mow and edge all lawn areas every ten (10) calendar days from October I thru April I and every seven calendar (7) days from April I thru October I (44 cuts) B. Remove and properly dispose of all visible grass clippings from curbs, gutters, and general site. 87 C. Weekend mowing is not allowed unless specifically authorized in writing by the City, however, daily (7 days per week) cleanup, as deCmed in these specifications, is required. The Government Center and Charter School shall be mowed only on Saturdays. D. Wind-row mowing patterns are not permitted. E. Only rotary mowers are acceptable with a maximum swath of cut of 72". 2. Mowing of Bermuda Turf A. Mow all Bermuda turf, not to exceed I \1," height or as directed by the City, with a hydrostatic reel type mower. Remove all clippings with each cut. Reel mowers shall be in good repair and blades sharpened weekly. B. Mow and edge all Bermuda turf a minimum of two times per week, including weekends (104 cuts). Turf shall be cross-cut. C. Use 'Choice' mole cricket control (on Bermuda turf) chemical once per year during the month of May. Follow manufacturers instructions for application methods and amounts. D. Apply Diazanon, on Bermuda turf, and on an "as needed" and curative basis only. Apply Daconil fungicide at the first appearance of fungus. Follow manufacturers instructions for application methods and amounts. E. For fungus control, on Bermuda turf, use (2) applications of Pendulum or Ronstar. The first application is to occur in March and the second application is to occur in September. F. For weed control, on Bermuda turf, use (2) applications of Pendulum or Ronstar. The first application is to occur in March and the second application is to occur in September. Follow manufacturers instructions. G. For fertilization on Bermuda turf apply Lesco 13-2-13 a mmlmum of (12) times per year. Contractor is responsible for contracting with A&L Laboratories, Pompano Beach, Florida, (954) 972-3255, to complete (2) soil analysis per year to verify the minor element requirements, and adjust fertilizer application as needed. Submit soil analysis to City for review by City Landscape Architect. H. Aerate Bermuda turf with a turf aerator each month (12 times per year). Coordinate dates for this work with the City. 3. Maintaining ballfield A. Drag, grade, and smooth the clay infield, including base paths two times per week (days to be determined by City, including Sundays). For striping use Plus 5 athletic marker. City will advise contractor of additional field preparation, as needed, with a minimum of six hours notice. Tamp mound area two times per week and fill in existing holes with available clay (supplied by Contractor) and firm the area with a hand tamp. B. Stripe the ballfield as directed by City. C. Empty and dispose of contents of all trash containers on a daily basis, including weekends and holidays. Contractor is responsible for disposal of all trash in accord with all Federal, State, and 88 4. Edging A. B. 5. Trimming A. B. C. D. E. F. G. H. I. 6. Weeding A. B. C. 7. Clean-up A. B. C. local regulations. Edge, as required, to maintain a neat, clean appearance. Maintain shape of planting beds as originally designed. Lift all trees over 20' height and adjacent to walks and vehicular areas to a minimum of 12' of clear trunk. Maintain minimum of 8' clear trunk for all other trees. Trim shrubs and ground cover, as needed, to meet the criteria set forth in FDOT Index 546, which mandates a maximum height of 24" from top of adjacent curb. Remove dead and dying fronds from palms, as needed, for clean appearance. Use no climbing splkes. Trim Coconut Palms (frond and fruit removal) three times per year. Selectively trim existing trees in accordance with Tree Care Industry Association and Dade County standards and practices, to maintain a minimum of 8 feet of clear trunk. Remove suckers, shoots, and dead or dying branches. All tree, palm, and shrub pruning is included in this contract. When trimming Phoenix Dactilifera (Date Palm) completely dip trimming utensils in a solution of 50% chlorine and 50% water prior to moving to adjacent palm. Do no major tree or shrub pruning between November 1st and March 15th, unless requested by City. Maintain integrity of original design when trimming. Do not box plants whose habits of growth do not lend itself to this type of trimming. Use no machete for trimming. Haul away all trimming debris from site, and properly dispose of at contractors expense. Hand pull weeds in shrub and ground cover area, as needed to maintain a clean appearance. Apply approved herbicides, as needed, to control weeds in sidewalk, curb, catch basins, and gutter areas. Haul away all trimming debris from site, and properly dispose of at contractor's expense. Using a mechanized low-decibel blower remove all debris from all walks, drives, roads, and pedestrian areas, as often as requested by CITY.. Remove all excess soil, trimmings, debris, and equipment from site after each visit. All debris removed from the City of Aventura is to be disposed of at an EP A and State of Florida 89 approved dumping site, at Contractor's expense. R. PAYMENT 1. The payment process begins when the contractor notifies the Director of Community Services or designee of work completed. 2. The contractor is to notify the Director of Community Services or designees office by 9:00 a.m. of the following work day regarding work areas completed. Following such notice, the City shall inspect the maintenance area indicated within 24 hours. If the contractor's performance does not show completion of maintenance items previously described, the City shall request, and require corrective action to be taken at no charge to the City. 3. Payment for work shall be authorized upon evidence of completion, and will occur on a monthly basis. Payment will be made by the 12th of the month for work completed the previous month. 4. Any additional work requested within the scope of work shall be charged at the cost per cut or unit price rate. The contractor will be given at least 24 hours notice prior to a call for service. 5. NON-CONFORMANCE TO CONTRACT CONDITIONS: The City of A ventura may withhold payment or reject areas which are found, upon examination, not to meet the specification requirements. Upon written notifications of rejection, subject areas shall be rectified within five (5) calendar days by the vendor at his expense. Rejected areas left longer than fifteen (15) calendar days will be regarded as abandoned. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet service schedules, may result in the Contractor being held in default and shall authorize the City to terminate the contract upon notice to the Contractor. 90 THE ._CITY QF AVENTURA V'I"'EMWAYK~ "F2t3THsr _.....ji:.....t::.a:. '," .". :'l..":t "h :., !~. !~ j, . r i. . .,,", . ;!l':~ . '~I~::~ ,"It.,,:- ,.:::.,':': .. o. j,: ..... ~ I." .0. ii-r~~ - ,.., ,.""', . . ", ..,;:i~.1!".,l'.... ~...;r.~?,~:... ~ ... -. ,... . ,.. . ~'JI 'I' ~ . '.1. ......., COtI'{'K"':1W~ ~'?,.....-. .0 ! / / , ,.~~" . AREAS TO BE MAINTAINED . " .:.:,,', '0; ,,'.' .'j,r. ._~ ',2:" l I '~of:..:' "",r "." ',... l:j;: ,."F --(ifi, './~ . ~ !!! ..."'1..'1<.':-."1.... t' " " ._'7 ....... .. :<'!,ij" l':r . '!'. -..!. ~ . .."(.c.. .~~ .'~ o/!,,,,,'(l ~...;'."~'" ~ ,.' ~.:.'!1l~'::""'i"''''~i....~ I.;.:~!" "01.... 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OC/l ;t- om '\'lo~ ~~~~ Cx1 0,\1" 'vl' ~ z;o w 0 8' ,,< "0010 C'l () ;::! m- ~~ ~~ ill ~cJ} O(l :b ;00 ~ ~ ia I" mm (:, \ I z~ to\ -t; Clo "'{ III III "\) - ')J 0)C 0 -I;) C) .... tJ .4 m ~ " e C) 0 =It '\I) '" "- () ~ 2- \) .;) \t) )0.. r- D to ! 3ft- ~~ ~ ~ t.~ ~ m rt,~ " , ~ 1 ~ ....~ & s: !!!. 1- rt, (b ~ '" ~~ So ? , ~f~~ . c- ('>::::('-0 " -t~~'" ~ ' p ~ ~. }- -I .. Planholders List - DemandStar by Onvia user: Shields, Jeff organization: City of Aventura Page 1 of2 Logout I Help DemandStar by ONVlA My DemandStar Buyers Account Info Log Bid [View Bids] Log Quote View Quotes Supplier Search Reverse Auctions Build Broadcast List Reports Planholders List Member Name City of Aventura Bid Number BID-04-8-30-2-0-2004/JS Bid Name Public Works and Landscape Maintenance Services Contract Number of Documents for this 2 bid 24 Planholder(s) found. Add Plan holder Supplier Name 6. Phone Fax Doc Count Attributes Actions C&M 21st CENTURY INC 3036219895 3056210751 2 1. Small Documents Busi ness CDC 8882320301 8882320299 2 Documents Construction Bulletin I 9043880336 9043880109 1 Documents www.cbids.com Constructionjou rnal. com 8007855165 8005817204 2 Documents COUNTRY BILLS LAWN CARE INC 3058915459 3058915916 2 Documents Edge & Cut 9544813737 9544291163 2 1. Small Documents Business Elan Lawn and Landscaping 9549616138 9549615052 2 1. Small Documents Services Business Florida Lawn Service, Inc. 3055532377 3055532136 2 1. Hispanic Documents Owned 1. Small H.M.S. Gardners, Inc. 3056944021 3059690165 2 Business Documents 2. Woman Owned HOWARD'S LAWN & MAINTENANCE 7862423970 1 Documents SERVICE INC. Page 1 of 3 first I previous I next I last Fonnat for Printing No Search << Return http://www.demandstar.com/buyer/bids/Planholder _ List.asp? _PU=%2Fbuyer''102Fbids%2F... 8/30/2004 user: Shields, Jeff organization: City of Aventura Page 1 of2 Logout I Help . Planholders List - DemandStar by Onvia DemandStar by ONvlA My DemandStar Buyers Account Info Log Bid [View Bids] Log Quote View Quotes Supplier Search Reverse Auctions Build Broadcast List Reports Plan holders List Member Name City of Aventura Bid Number 610-04-8-30-2-0-2004/J5 Bid Name Public Works and Landscape Maintenance Services Contract Number of Documents for this 2 bid 24 Planholder(s) found. Add Plan holder Supplier Name A Phone Fax Doc Count AUri butes Actions Luke's Landscaping 9544311111 9544331111 2 Documents McGraw-Hili div. FW 2399392525 2399392331 1 Documents Dodge Personally Yours Lawn 9544361362 9544361362 1 Documents Service, Inc. 1. African American Owned PRIT, Ino. dba U.S. Lawns 3055577799 3055575560 2 2. Hispanic Documents of Miami Owned 3. Woman Owned R.J.P. Enterprises, Inc. 3524943257 3523768040 2 Documents SEIU 3056727071 3056729501 2 Documents Stiles Construction - 9546279218 9999999999 2 Documents Landscape 1. Hispanic Superior Landscaping & 3056340717 3056340744 2 Owned Documents Lawn Service, Inc. 2. Small Business Tropics North Inc 3052588011 3052580809 2 Documents U,S, Lawns 3055575560 1 Documents, Remove, Edit Page 2 of 3 first I previous I next I last Fonnat for Printing No http://www.demandstar.com/buyerlbids/Planholder _ List.asp? ]U=%2Fbuyer''102Fbids%2F... 8/30/2004 Planhplders List - DemandStar by Onvia user: Shields, Jeff organization: City of Aventura Page I of I Logout I Help DemandStar by ONVlA My DemandStar Buyers Account Info Log Bid [View Bids] Log Quote View Quotes Supplier Search Reverse Auctions Build Broadcast List Reports Plan holders List Member Name City of Aventura Bid Number BID-04-8-30-2-0-2004jJS Bid Name Public Works and Landscape Maintenance Services Contract Number of Documents for this 2 bid 24 Planholder(s) found. Add Planholder Supplier Name 4 Phone Fax Doc Count Attributes Actions U.S. Grounds 3056856032 2 Documents Vila & Son 3056800205 1 Documents, Remove, Edit 1. African American Weed-A-Way Inc 3056934070 3056934040 1 Owned Documents 2. Small Business 3. Woman Owned WS Sod and 9547333360 9547333025 2 1. African American Documents Landscapin9 Owned Page 3 of 3 first I previous I next I last Format for Printing No Search << Return Onvla.com, Inc:. (c) 1997-2004 DemandStar by Onvia, Inc. All rights reserved. Terms of Us http://www.demandstar.com/buyerlbids/Planholder _ List.asp? ]U=%2Fbuyer''102Fbids%2F... 8/30/2004 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager BY: I Joanne Carr, AICPf\ 1/1 Planning Director '--:{\- DATE: August9,2004 SUBJECT: Amendment to Section 31-143(e) and Section 31-143(g) of the Land Development Regulations to delete the requirement of Mediterranean design features for properties in the RMF3A and RMF3B, Multi-Family Medium Density Residential Districts (02-LDR-04) July 6, 2004 Local Planning Agency Meeting Agenda Item 3 Deferred from July 6, 2004 City Commission meeting September 7,2004 City Commission Meeting Agenda Item..J.il. September 21, 2004 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-143 (e)(5) and Section 31-143(g)(6) of the City's Land Development Regulations to delete the requirement for Mediterranean design features and an amendment to Section 31- 143(g)(9) to delete the provision for approval of architectural styles other than Mediterranean design through the conditional use procedures for properties in the RMF3A and RMF3B zoning districts. THE REQUEST The applicant, Loft Marina LLC, is requesting an amendment to Section 31-143(e) and Section 31-143(g) of the City's Land Development Regulations to allow architectural styles other than Mediterranean design for properties in the RMF3A and RMF3B zoning districts. The applicant's Letter of Intent is attached as Exhibit #1. ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the deletion of Mediterranean style architectural design features for properties in the RMF3A and RMF3B zoning districts. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment will protect the high quality residential character of the City. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The proposed amendment revises regulations, procedures and standards for review and approval of development. Such proposed amendment will foster and preserve the public health, safety, comfort and welfare and aid in the harmonious, orderly, and progressive development of the City. The change would provide more design options for the properties on NE 188 Street in the RMF3A and RMF3B districts. It will provide for an efficient, effective and equitable development process. 4. The proposed amendment furthers the orderly development of the City, The proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it allows approval of an architectural style other than Mediterranean design for properties in the RMF3A and RMF3B zoning districts. DescriptionlBackground of Proposed Amendments1: 1. Sec. 31-143 Residential Zoning Districts 1 Underlined provisions constitute proposed additions to existing text: strisksA tArSll!lA provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 2 (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts: (see Exhibit #2) (5) /'.rohitecturaJ design staRoo.rds. For those 13r8l3erties on Ne 188 Stroet, tho folle'Ning concepts shall €llJide development in this district, in aEldition to ot/:1er applioable arshiteGtural design stanaaras found in the land Develepmont ReglJlations: a. Meaiterranean aesign foatkJres shall be usod inoluding, but not limited to barrel tile mots. B. Changes in massin!j in the building ferm(s) shall be inGorpor-ated in the o'/erall ae\<elopment design inGlllding, but not liFRited to faoados ana FOoflines. c. :\rohitoGtlJral I3r-ojeotions shall Be inoorporated into the building design inoluding, but not IiFRited to awnings, oanopies, Baloonies and oolumns. a. Exterior oolors lJsea shall be light earth tone sohemes or other color palettes that may be al3l3rOvea BY the City COFRmission. 2. Sec. 31-143 Residential Zoning Districts (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (see Exhibit #3) (6) lI.'l>hitectura.' design standards. T/:1e following concepts s/:1all !juide development in this distrist, in addition to other al3l3liGable arohiteotural aesign standards fauna in tho Land Development Re!jlJlations: a. Mediterranean aesi!jn featllres shall be used iRGlllaing, but not limitod to Barrel tile roofs. B. Changes in massin!j in t/:1e building form(s) shall be incorpor-ato8 in the overall eO\<elopment design inGllJein!j, but not Iimitoe to facades and FOoflines. c. .^.re/:1itostural projections shall Be inoorporatod into t/:1e Building design includin!j, BlJt not Iimitod to awnin!js, canopies, BalGonies and GOll.lFFlrl&. e. Exterior colors I:lsee shall bo li!jht eart/:1 tone sohemes or othor solor palettos that may Be approved l3y the City Commission. (9) Bonus height provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of 11 stories or 135 feet, subject to the provisions hereof. 3 Where the Commission approves such bonus height, the following standards shall apply: i. .'\s part of tho sonditional uso al'll'lr-eval, the Cily Cemmmission may al'lprove architectur-al design stanE!ards other than the Meditorr-anean design feat~res req~ired under Section J1 14J(g)(6)a. of tho LanE! DevelopmeAt Re€:)ulations. For those properties on NE 188 Street in the RMF3A district and for all properties within the RMF3B district, Section 31-143(e)(5) and Section 31- 143(g)(6) of the City Code require Mediterranean design features, including barrel tile roofs, architectural projections such as awnings, columns, balconies and canopies, changes in massing of the faqade and roofline and light earth tone exterior color. Section 31-143(g)(9)i. of the City Code provides that the City Commission may approve, as a conditional use, architectural styles other than Mediterranean design if the applicant for a development permit proposes to dedicate land to the City for educational, recreational or cultural purposes subject to the other provisions of that section. The proposed amendment is requested by the applicant to permit architectural styles other than the Mediterranean design currently required and/or currently subject to conditional use approval by the above sections of the Land Development Regulations. The applicant proposes to develop land on the south side of NE 188 Street immediately to the east of the storage building. The applicant's site is comprised of approximately 5,32 acres, with the westerly 2.69 acre portion lying in the RMF3A zoning district and the easterly 2.63 acre portion in the RMF3B zoning district. A location plan is attached as Exhibit #4 and an aerial photograph is attached as Exhibit #5. The applicant's Letter of Intent requests that the RMF3A and RMF38 zoning districts be amended to either eliminate the requirement of Mediterranean design or modify them so as to permit other design features subject to conditional use approval. This matter was heard by the City of Aventura Local Planning Agency at a public hearing on July 6, 2004. The Local Planning Agency recommended to the City Commission that the requirement for Mediterranean design features be eliminated from the RMF3A and RMF3B districts. Staff is therefore recommending an amendment to these zoning districts to delete the architectural design standard requiring Mediterranean design features and to delete the provision for conditional use approval of architectural styles other than Mediterranean since the deletion of Mediterranean design features nullifies the need for this latter section. There are presently two residential developments on the north side of NE 188 Street, those being Uptown Marina Lofts and the Atrium at Aventura, that have been granted conditional use approval for architectural design 4 other than the Mediterranean features, pursuant to Section 31- 143(g)(9),"Bonus Height Provisions" of the City Code. A section has been added to the amending ordinance to provide that the deletion of Section 31- 143(g)(9)i. will not affect the conditional use approvals previously granted. If the proposed amendment to the RMF3A and RMF3B districts is adopted, the Mediterranean design feature requirement will be eliminated in these zones. Section 31-233 - Architectural design standards - of the City's Land Development Regulations will apply (see Exhibit #6 for Section 31-233). Any subsequent development proposals would be evaluated using these criteria. 5 b~H~H~b ATTORNEYS AT LA~' l~~ij~l~ ~~,~,~: :,'~ ~ Clifford A. Schulman (305) 579-ll613 Direct Fax (305)961-5613 E-Mail: schulmanc@gtlaw.com COMMUNITY DEVELOPMENT May 27,2004 Joanne Carr, Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 EXHIBIT #1 02-LDR-04 Re: Application for Amendment of Sections 31-143(e) & (g) "Multifamily Medium Density Districts RMF3A and RMF3B" of the City's Land Development Regulationsl Letter ofIntent . Dear Ms. Carr: On behalf of Loft Marina, LLC, I respectfully submit this letter of intent in connection with the Application for Amendment of Sections 31-143(e) and (g) "Multifamily Medium Density Districts RMF3A and RMF3B" of the City's Land Development Regulations. Currently, these multifamily medium density districts require Mediterranean design features. The proposed amendments would either eliminate this requirement altogether or modify so as to permit other design features subject to conditional use approval. The rationale behind this request is, in part, that the surrounding area no longer conforms to the Mediterranean design features originally contemplated. This is evidenced by the recent approval of various developments in the same zoning districts that have no Mediterranean design features in addition to the immediate surrounding districts that have no requirement of these features. For example, none of the following recently approved developments have any Mediterranean design features: the Harbour Centre the Venture the Atrium at Aventura Uptown Marina Lofts City of A ventura Charter Elementary School City of Aventura Community Center All in all, there is no current reason for requiring such design features as they would not hinder or change the current design or look of the districts. Requiring developments to maintain Mediterranean design features in an area that has no such features creates a hardship and impedes future development of the area. If the City does not wish to eliminate the requirement altogether, permitting design features other than Mediterranean subject to a conditional use approval, would provide a helpful alternative for future development. CREENIEIlC TI.AUI.U:. P.A. 1221 Halel-ELL AVENUE MIAln. FLOklDA 3U31 105-519-0500 FAX 105-579-0717 w'Ww.r;tlaw.colll AMSTEa.DAM ATLANTA BOCA RATON BOSTON CHICACO DALLAl DENVER FORT LAUDERDALE Los ANCELES MIAMI Ntw JERSEY Nt.... Y OlLANDO PHILADELPHIA PHOENIX TALLAHASSEE TYSONS COIlNtlt. 'WASHINCTON. D.C. WEST PALM BEACH WILMINCTON ZOIUCH May 27, 2004 Page 2 We respectfully request that the City of Aventura give its favorable consideration to this matter. If you have any questions or wish to discuss this matter further, please contact me at 305- 579-06\3. Many thanks for your attention to this matter. Sincerely, I~ ~L Sefl~{. .fJr' Clifford A. Schulman cc: Mr. Gilbert Benhamou GREENBERG TRAURIG, P.A. .,t ~ 31.143 AVENTURA CODE (e) Multifamily Medium Density &sidential Districts (RMF3A). The fonowing regulations &hall apply to an RMFaA Districts: (1) Pulpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium. density multifRmily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitUd. No building or structure, or part thereof, shall be erected, altered or used, or land used. in whole or part for other than one or more of the fonowing specific uses: a. Two-family dwellings. b. d. Triplexes and quadruplexes. Townhouses not to exceed six units in anyone group. Low rise apartments. Mid rise apartments. EXHIBIT #2 02-LDR-04 c. e. Supp. No.8 CDSLoG6 .v LAND DEVELOPMENT REGULATIONS ~ 31-143 f. Publicly owned recreation buildings and facilities, playgrounds, playfie1ds and parks. g. Uses accessory to any of the above uses when located on the same plot. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uses permitted in the OF District. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. 2. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a quadruplex shall be located on a lot of minimum of 1,600 feet. 3, Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in pIot area. b. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. Low-rise apartments: Four stories or 45 feet. 4. Mid-rise apartments: Seven stories or 80 feet. c. Plot coverage: The combined plot area covered by all principal and accessory buildings shall not aceed .(() percent of the area of the lot. d. Setbacks: 1. Front yards: Minimum of 25 feet in depth. For those properties on NE 188 Street, the following standards shall apply: Front Yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least ten feet. Principal buildings fronting the public right-of-way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public right-of-way, four stories in height, shall be setback at least 20 feet. Principal buildings fronting the public right-of-way, five or more stories in height, shall be setback at least 25 feet. For each additional story in height above seven stories, five feet shall be added to the setback. For those principal buildings not fronting the public right-of-way, five feet additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing building height.) Supp. No.8 OD31:67 ~ 31-143 AVENTURACODE 2. Side yards: i. Thwnhouse and duplexes: Principal structure ten feet where applica- ble. Upon comer plots in all zoning districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-rise and mid-rise apartments: 25 feet in depth. iii, Rear yards: Minimum of 25 feet. For those properties on NE 188 Street, the following standards shall apply: Principal buildings, between one and two stories, shall be setback at least 15 feet; principal buildings three or more stories in height shall be setback at least 20 feet. e. Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. f. Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. For those properties on NE 188 Street the following standards shall apply: Principal buildings between one and two stories shall be separated by at least ten feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stories shall be separated by at least 20 feet at the closest point. Principal buildings five or more stories shall be separated by at least 25 feet at the closest point. For each additional story in height above seven stories, five feet sball be added to the building separation. Additionally, for each townhouse building which exceeds six units in any one group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing building height.) g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Multiple-family dwelling unit: Efficiency unit: BOO square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 160 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. h. Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. - Supp, No.8 CD31:68 LAND DEVELOPMENT REGULATIONS ~ 31-143 1. Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities. j. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building 1 story 2 story 3 story .( story 5 story 6 story 7 story Floor Area Ratio 0.30 0.50 0.75 0.90 1.05 1.25 1.50 (4) Aboveground storace tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only {or the purpose of storing fuel for emergency generators. AS'l's must confonn to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 'd. Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation of any ASr shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the ASr relative to property lines, the primary structure served by the ASr, any other structures within 300 feet as we1las a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (5) Architectural design standards. For those properties on NE 188 Street, the following concepts shall guide development in this district, in addition to other applicable architectural design standards found in the Land Development Regulations: a. Mediterranean design features shall be used including, but not limited to barrel tile roofs. b. Changes in mnosing in the building (onn(s) shall be incorporated In the overall development design including, but not limited to facades and rooflines. Sapp. No.8 CD31:69 ~ 31-143 AVENTURACODE c. Architectural projections shall be incorporated into the building design including, but not limited to awnings, canopies, balconies and columns. d. Exterior colors used shall be light earth tone schemes or other color palettes that may be approved by the City Commission. (6) V<ew corridors. For those properties on NE 188 Street, the following standards shall apply: All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width of this view corridor shall be no less than ten percent of the average of two frontages on either end of the view corridor, to a mn;mum of 100 feet. A m~nmum of two corridors maybe provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above. (7) Pedestrian promenade. For those properties on NE 188 Street, if the applicant for a development permit under this section provides a pedestrian promenade for use by the general public along the waterfront, the following site development standards shall be applied. Such promelUlde shall be constructed in compliance with the Promenade Design Criteria as provided by the City Manager and shall be a minimum width often feet of unobstructed passageway and shall include linkage of separate development parcels and may include linkage of public use parcels and public sidewalks along public right(s)-of-way. a. Maximum permitted height: Seven stories or 90 feet for low-rise apartment(s). Any structure parking serving the primary use on the site shall be incorporated 1 into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computing building height. b. Floor area ratio: There shall be no mnnmum floor area ratio. c. Open space and density calculations shall be calculated pursuant to the gross lot area. Water areas and pedestrian promenade areas shall be counted in full towards open space requirements. d. Driveway separation: Driveway separation requirements will not need to comply with section 31-172(bX2) provided such location meets safety and traffic engi- neering standards as determined by the City Engineer. e. View corridors: All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width oftbis view corridor shall be no less than three percent of the average of'two frontages Supp. No.8 CD31:70 LAND DEVELOPMENT REGULATIONS ~ 31-143 on either end of the view corridor, to a maximum of 100 feet. A maximum of two corridors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above. f. The City Manager may provide for a credit towards the cost of the promenade construction against public sidewalk{sl located adjacent to the subject property, if constructed by the City. Supp. No.8 CD31:'11 " LAND DEVELOPMENT REGULATIONS ~ 31-143 (g) Multifamily Medium Density ResUkntial Di#ricts (RMF3B). The following regulations sball apply to an RMF3B districts: (1) Purpose 0{ district. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities sball not exceed 36 units per gross acre. __..__,;./.~- (2) Uses permitted. No building or structure, or part thereof, shall be erected. altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Single-family dwellings. b. Zero lot line dwelling units. c. Two-family dwellings. EXHIBIT #3 02-LDR"()4 Supp. No.8 CD31:73 '\:"c,til,.,,!f".: -~~:,.. ". -_. , '~ll. '. ,. ,-;', ~ 31-143 AVENTURA CODE - d. Triplexes and quadruplexes. e. 'Ibwnhouses. f. Low-rise apartments. g. Publicly owned recreation buildings and facilities, playgrounds, playfields and parks, h. Uses accessory to any of the above uses when located on the same plot. (3) Conditional uses, The following uses may be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All uses permitted in the CF District. (4) Site ckvelopment standards. a. Minimum lot area and width: 1. Single-family and zero lot line: Each dwelling unit shall be located on a plot not less than 40 feet in width and 4,000 square feet in area. 2. Two-family dwellings: Each dwelling unit shall be located on a plot not less r than 60 feet in width and 4,000 square feet in area. . 3. 'Ibwnhouses: Not less than 160 feet in width and 16,000 square feet in plot ( area. Where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 60 feet in depth. Each dwelling unit of a quadruplex shall be located on a lot of minimum of 1,600 feet. 4. Low-pse apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: Structure parking shall be counted in computing bnil,\;ng height. 1. Two-family dwellings, triplexes and quadruplexes: Two stories or 25 feet. 2. Single-family dwellings, zero lot line, and townhouses: Three stories or 35 feet. 3. Low-rise apartments: Four stories or 45 feet. c. Plot coverage: The combined plot area covered by all principal and accessory bnilding>! shall not exceed 40 percent of the area of the lot. d. Setbacks: 1. Front yards: Principal buildings fronting the public right-of-way, between one and two stories, shall be setback at least ten feet. Principal buildings fronting the public right-of-way, three stories in height, 'shall be setback. at least 16 feet. Principal buildings fronting the public right-of-way, four t Supp. No.8 CD31:74 LAND DEVELOPMENT REGtITATIONS ~ 31-143 stories in height, shall be setback at least 20 feet. For those principal buildings not fronting the public right-of-way, five feet additional setback shall be added for each floor of the building. (Structure parking shall be counted in computing building height). 2. Side yards: 1. Single-family, two-family, zero lot line, triplexes, quadruplexes and townhouses: Principal structure ten feet where applicable. Upon corner plots in all zoning districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-rise apartments: 25 feet in depth. , . 3. Rear yards: Principal buildings, between one and two stories, shall be setback. at least 15 feet. Principal buildings three or more stories in height shall be setback at least 20 feet. e. Minimum distances between buildings: Principal buildings between one and two stories shall be separated by at least ten feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildings four stories shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse building which exceeds six units in anyone group, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing building height). f. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: 1. 2. Single-family unit: 1,000 square feet. Multiple family dwelling unit: i. Efficiency unit: 800 square feet. ii. O~bemoomunit:9oosquarefeet. ill. Two bemoom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. <J g. Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landacaped and well maintained with grass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards open space at the discretion of the Director or designee, provided that such walkway(s) and promenade meets the purpose of these open space regulations. Supp. No.8 CD31:75 .. ~ 31-143 AVENTURACODE h. Accessibility: All multifamily development projects within the zoning district shall provide a walkway that links buildings and parking areas to onsite amenities within the project. i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building 1 story 2 story 3 story <( story Floor Area Ratio 0.30 0.50 0.75 0.90 (5) AbolJqpound srorage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only Cor the purpose oC storing fuel Cor emergency generators. ASTs must conform to the Collowing requirements: a. Be oC 550 gallons capacity or less. b. Be installed and operated under a valid permit Crom the Miami-Dade County Department of Environmental Resources Management. c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation oC any ASr shall require a building permit Cram the City. Application Cor bniJtl;..g permit shal1 be accompanied by a site plan indicating the location oCthe ASr relative to property lines, the primary structure served by the ASr, any other structures within 300 Ceet as well as a 1""d""",pe pIan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (6) Architectural cksign sta.ndards. The Collowing concepts shall guide development in this district, in addition to other applicable architectural design standards Cound in the Land Development Regulations: a. Mediterranean design Ceatures shall be used including, but not limited to barrel tile roofs. b. Changes in massing in the building Corm(s) shall be incorporated in the overall development design including, but not limited to Cacades and rooflines. c. Architectural projections shall be incorporated into the building design including, but not limited to awnings, canopies, balconies and columns. Supp. No.8 CD31:76 LAND DEVELOPMENT REGULATIONS ~ 31-143 d. Exterior colors used shall be light earth tone schemes or other color palettes that may be approved by the City Commission. (7) VLeW corridors. All sites abutting a waterway shall preserve a visual conidor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view conidor is required at a side property line(s) and shall extend the full length of the site from the waterway to the public right-of-way most nearly opposite the waterfront. The width ofthis view conidar shall be no less than ten percent of the average of two frontages on either end of the view conidor, to a maximum of 100 feet. A maximum of two conidors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above. (8) Pedestrian pronu!1Iade. If the applicant for a development permit under this section provides a pedestrian promenade for use by the general public along the waterfront, the following site development standards shall be applied. Such promenade shall be constructed in compliance with the Promenade Design Criteria as provided by the City Manager and shall be a minimum width of ten feet of unobstructed passageway and shall include linkage of separate development parcels and may include linkage of public use parcels and public sidewalks along public right(s)-of-way, a. Maximum permitted height: Seven stories or 90 feet for low-rise apartment(s). Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be eounted in computing building height. b. Floor area ratio: There shall be no WA..;mum floor area ratio. c. Open space and density calculations shall be calculated pursuant to the gross lot , area. Water areas and pedestrian promenade areas shall be counted in full towards open space requirements. d. Driveway separation: Driveway separation requirements will not need. to comply with section 31-172(b)(2) provided such location meets safety and traffic engi- neering standards as determined by the City Engineer. e. View corridors: All sites abutting a waterway shall preserve a visual corridor to the water and maintain a visual passageway area unencumbered with any structure, roadway or off-street parking area. The view corridor is required at a side property line(s) and shall extend the fulllengtb of the site from the waterway to the public right-of-way most nearly opposite the waterfront_ The width of this view corridor shall be no less than three percent of the average of two frontages on either end of the view corridor, to a mA..;mum of 100 feet. A mo..;mum of two corridors may be provided, however, each corridor shall not be less than one-half of the width of the required view corridor as set forth above. Supp. No.9 CD31:76.1 ~ 31-143 AVENTURACODE f. The City Manager may provide for a credit towards the cost of the promenade construction against public sidewalk(s) located adjacent to the subject property, if sidewalks are constructed by the City. (9) Bonus ~ight provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of 11 stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: a. The development permit shall be considered a conditional use and the application shall be subject to the conditional use requirements of section 31-73. b. The minimum size of the dedicated land shall be 1.5 acres. c. At the discretion of the City Comm;'~ion, the density otherwise available on the land to be dedicated may be transferred, and credit for acreage in. the dedicated land in the calculation of the lot coverage otherwise required may be granted, in whole or in part, to (1) the parcel that receives the conditional use approval or (2) any adjacent property that is located on the same side of the street as the applicant and that is bound to the applicant's site by a declaration of restrictive covenant entered into between the properties. The restrictive covenant shall be made part of the conditional use approval, shall be in a fonn acceptable to the City Attorney, and shall be filed at the applicant's expense in the public records of Miami-Dade County. d. If multiple property owners propose to dedicate the same land to receive the height bonus allowable pursuant to this section 31-143(g), then each property owner shall apply for conditional use approval and meet the criteria of this section. Multiple property owners may be eligible for such approvals only if they own adjacent properties located on the same side of the street; and the properties must be bound by a decIara.tion of restridive covenant, made part of each conditional use approval, in a fonn acceptable to the City Attorney, and filed at the owners' expense in the public records of Miami-Dade County. e. The fonn of the conveyance shall be approved by the City Attorney. f. Minimum open space shall be 40 percent of the totaIlot area. g. Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements and shall be counted in computing building height. h. There shall be no mA~mum floor area ratio. i. As part of the conditional use approval, the City Commission may approve architectural design standards other than the Mediterranean design features required under section 31-143(g)(6)a. of the Land Development Regulations. Supp. No.9 CD31:76.2 LAND DEVELOPMENT REGULATIONS ~ 31-144 j. All other provisions of the Land Development Regulations shall apply. (Ord. No. 99-09, ~ I(Exh. A, ~ 703), 7-13-99; O(d. No. 2000-08, ~ 1, 4-4-00; Ord. No. 2002-05, ~~ 1, 2, 3-5-02; Ord. No. 2003-01, ~ 1, 1:7-03;Ord. Nd.:2003:.u8:~1, 6-3-03) Supp. No.9 CD31:76.2.1 . i' ~ - ~ na....V"'r:r..-=-.:~.:-:'.:-;: \r'-'- - - .wn.n"..........n........-J.lro. '. Gulfsr...am YAC T L B DR. · ..' D I Park MARINA: , I COVE . CIRCLE I i~J . a,/-- .: :::':~~ . i . : : I ~ . , : <.J . l---' . I . '~. .>.. " fEg:- z. ~" ;:,.:;: ". o YACkff,!} " '.. () LOB ~ " ~. " " ,r: :<.. " " " " " " " " " ., . .. "_".' J L,_. : ...."-4..._....--..~..-/f ',' .. ..J'''-..J: .....,:.<;r.<. " " " " " " " " " " " " " " " " " ....~.............~ Maul. .. l. "'\ 'r--! Lau ....... ~: \ L_: · ~ .1 ,l1...../ I ~ ~IBIT #4 I 02-LDR-04 BROWARD COUNT1' ..-.-.-.-. DADE COUNTY :. , .. ;- .. :. :. ;- .. :. :. :. ;- .. :. :. :. :. .. ;. :. .. IVES DAIRY RD. :. MIAMI GARDENS DR. ~ :. .. !. .. :. ;. :' .. :. :- :. :' ,. ;. :' :. .. :. , .. :. :- :' ,. :. :. .. . :. .. :. .. i. :" . :- w X o ?: - A\'cl/(lwa IIO.\'f1;tdl & Aft'tlicu/ [t'I/1,'" !.J.J ~f J [j q, w UJ ?< > en <( The C\l 205 PIVIIJelJade 0 Shops (') 203 ST. 207 ST. CbUNTfW CLUB DR. [ Icn -' '" CI. en '" TUnlbury IS/I! Resort &: Club ) / L. .", "'-"-1 "".-.. -'v' _~\ r-, 0. ........\ V ., I ~~ '\ '.j "'''''1< _ )\ .~~ \ if \ ".1 ~._:;.,.. -) ( 201 TER. AVENTURA e\)ll). Fu,,1 D RelC'Ue Awiltura Station Ubrary /'. '" . '----.) Al'entura Mall 192 ST. u.'(/U1UlIIn's Fashioll u..i Is/and ~ en '" 190 ST 188 ST. ~ Subject Site Dumfoundling Bay little Maule Lau r I)'?- LEGEND ...... 192 ST. ci ~ m Z if.i () o g m Z if.i () o Atlantic Ocean o Roadways CIty Boundary ZIP Code Boundary Railroad EXHIBIT #5 02-LDR-04 LAND DEVELOPMENT REGULATIONS t 31-233 EXHIBIT #6 02-LDR-04 See. 31-233. Architectural design. standards. (a) Design concepts. The principles set out below are not intended to limit innovative architecture, but to establish a m.."ningful design guide for development and redevelopment in the CityofAventura.AI1 dege1opment shall be "-i(V1Ad in accordance with the fi'lId..m<mtal concepts described in this section. The fhnd..m'!l1tal design concepts sball include: (1) The design of architec:tura1ly varied structures within planned developments through the use ofb.,ilding 1I1lI8Sing, varied roof-scspes, varied window design, ornamentation and color; (2) The linkage ofIandscaped exterior spaces (courtyards, loggias, arcades and plazas) to buildings; (3) The linkage of separate development parcels by pedestrian and vehicular connections; (4) The recognition of the South Florida climate which should influence building shape and orientation, nature of roofs and overbangs and the location and size of windowsi (6) The identification of individual subdivisions by utilizing signage; (6) The use of private common open space as a community design feature; end (7) Preservation of view corridors and pedestrian access to waterfront areas. Supp. No.4 CD31:171 ~ 31-233 AVENTURA CODE (b) Pedutrian otUntation. All non-residential and multifAmily development shall contrib- ute to the creation of a pedestrian oriented community by providing the following: (1) Emphasis on the buildings' street facades as major elements of the overall streetscape; (2) Street level architectural treatment including colonnades, arcades, awnings, and other shade producing elements should be provided along all pedestrian-oriented frontages; and (3) Pedestrian oriented frontages shall be adjacent to building entrances and integrated with adjacent properties. (c) Minimum design standards. (1) Non-residentiol development. All non-residential development shall be consistent with the traditional architecture and design themes of South Florida including the following: a. New buil\lings shall be designed in a manner that is compatible with the adjacent bnHiI;ng form in height and scale. b. Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials. c. Roof materials shall consist of metal (flat or standing seam); flat tile; barrel tile or masonry materials. This requirement shall not apply to flat roofs with a parapet wall. d. All mechanical equipment (including roof-mounted equipment) shall be screened with materials consistent with those used in the coostruction of the building. The screening material and structure shall be architecturally compatible with the b.ill.i1;ng. The screening shall be high enough so that the equipment is not visible from IIDY adjacent public right-of-way and designed 80 that the equipment is well concealed from adjacent properties. e. Pedestrian circulation systems shall be barrier-free and provide alternative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements. f. All sides of any non-residential structure shall have compatible facade and roof treatments. g. All dumpsters and trash handling areas shall have a concrete slab, and finished" concrete block or masonry wall, as provided for in these regulations, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion 80 as to m;n;ml..e truck maneuvers. Enclosures shall be finished with ~mHAr materials and colors as the principal structure. Supp. No.' CD31:172 LAND DEVELOPMENT REGULATIONS ~ 31-234 h. The design dimensions, materials, quantity and location of aU outdoor accessory features, including but not limited to security boIlards, trash cans, light poles, street furniture and newspaper racks must be submitted to and approved by the Community Development Director. i. No outside display Or sale of any merchandise shaIl be permitted, including but not limited to sales from vending machines unless approved by the Community Development Director or pursuant to other requirements in the City Code. j. The location of public telephones must be submitted to and approved by the Community Development Director. k. The decision of the Community Development Director pursuant to subsections h. and t, above, wiIl be based upon findings of compatibility, safety and screening from view of the public right-of-way; and as to subsection j., above will be based upon findings of compatibility and safety. (2) Residential ckvelopT7lJ!nt. All residential development shall adhere to the following standards: a. Minimum roof standards. Pitched roofs shall have a minimum pitch of 4:12. Deviation from the minimum may be approved for gambrel and similar type roofs. Pitched roofs shall be constructed of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Miami-Dade County, Florida. Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted after the effective date of this chapter. Flat roofs may be permitted if the flat roof area does not comprise over 25 percent of the total roof area. Such flat roofs are only permitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit. b. Driveways within all RS Zoning Districts shall be constructed of portland concrete at a minimum. Asphalt is not permitted. c. Architecture and site deveIopment should incorporate consideration of the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces, .and similar features characteristic of subtropical design is encouraged. d. Open space for multifamily dwelling units should be located and designed to maximize its utility to the dwelling units. e. All dumpsters and trash handling areas in development within RMF Zoning Districts shall have a concrete slab, be enclosed by a finished concrete block or masonry wall similar in color and detail to the principal structures as provided in this Code, and be landscaped in accordance with these regulations. Dumpsters j shall be oriented in a logical fashion so as to minimize truck maneuvers, (3) Peckstrian I bicycle paths. Pedestrianlbicycle paths incorporated into a plan shall have six feet of pavement width or as approved by the Community Services Director. The Supp, No. 7 CD31:173 ~ 31-234 AVENTURA CODE path shall be a minimum of ten feet from a right-of-way, except where it transitions and crosses an intersecting street. The path shall not be incorporated into a residential lot. (4) View corridcrs. All developments in the RMF3, RMF3A, RMF4, and all non-residential developments, on waterfront sites shall preserve a visual corridor to the water unencumbered with any structure, roadway or off street parking. The view corridor shall extend the full length of the site from the waterfront to the public right-of-way most nearly opposite the waterfront. The width of the corridor shall be no less than ten percent of the waterfront, but a maximum of 100 feet. lOrd. No. 99-09, ~ HExh. A, ~ 1103), 7-13-99; Ord. No. 2002-07, ~ 4, 3-5-02) ,:".'''1'.) ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY DELETING THE REQUIREMENT FOR MEDITERRANEAN DESIGN FEATURES AND BY DELETING THE PROVISION FOR CONDITIONAL USE APPROVAL OF ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN FOR PROPERTIES IN THE RMF3A AND RMF3B ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to allow architectural styles other than Mediterranean design for properties in the RMF3A and RMF3B zoning districts; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE Ordinance No. 2004 - Page 2 CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-143(e), Paragraph (5) of the City's Land Development Regulations is hereby deleted as follows 1: (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts: (see Exhibit #2) (5) ArsJ:litestural fiesign st-amJafcis. Fer thoso 13F8130Flios on ~IE 11111 Stroet, the followin!:l 6Sn6S13ts shall !:l\,liE;!s dovelopment in this E;!istrist, in aE;!E;!itien to other ap131i6aBlo ar6Aits6t\,lr-a1 E;!esi!:ln standar-ds fo\,lnE;! in tAe lanE;! Devolopmont Regulations: o. Mediterranean design teatllros sA all Be used incl\,lding, B\,lt not limited to barr-el tile rsefs. B. CAan!:lss in massing in the building term(s) sAall Be inoerl3orateE;! in tAe sveFaIl E;!s\<elel3msnt design incl\,lE;!in!:l, Bllt not IimitaE;! to faeaE;!ss :lRd rGefliAes. o. I\r-chitectural I3FOjootions sAall BS inoerpor-oted into tAs B\,lilE;!in!:l E;!esi!:ln inoluding, but not limitsE;! ts awnin!:ls, oanopies, balconies and columns. E;!. eJEtsrier 6eler-s \,lsed shall be light eartA tene seAemes er other color l3ale"es tAat may BS approved by the City Cemmissien. Section 2. Section 31-143(g), Paragraph (6) of the City's Land Development Regulations is hereby deleted as follows 1: (g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (see Exhibit #3) (e) AfGJ:litest/Jral EJesign st-amJafcis. The tellewin!:l Oen6e13ts shall guide E;!evelel3ment in tAis E;!istriot, in addition to otAer al3l3lioaBlo architectural E;!esi!:ln standards fo\,lnE;! in tAS lanE;! Ds'"elel3ment Regulations: a. Mediterranean desi!:lA teat\,lres shall be used inel\,lE;!iA!:l, Bllt not IimiteE;! te Barrel tile reefs. 1 Underlined provisions constitute proposed additions to existing text; striGkeA IAreljilA provisions indicate proposed deletions from existing text. Ordinance No. 2004 - Page 3 B. CAan!:les in massing in the building form(s) shall Be ino8Fl3eFateE;! in tAe everall E;!evolollment design including, b\,lt net IimiteE;! te faoaE;!es anE;! maflinos. e. .^.rot:liteet\,lral projections shall be incerl3eFateE;! inte tAe B\,lilE;!iR!:l E;!esi!:ln inelllE;!ing, but not IimiteE;! to awnin!:ls, oanol3iss, balconies and columns. d. eJEtorier oelers IlseE;! shall be light eartt:l teAe sOAemes or other color l3alettes tt:lat may be approveE;! By tt:le City Cemmission. Section 3. Section 31-143(g), Paragraph (9)i. of the City's Land Development Regulations is hereby deleted as follows 1: (9) Bonus height provisions. If the applicant for a development permit under this section 31-143(g) proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, which land is acceptable to the City Commission, the City Commission may approve a bonus height for any multifamily building not to exceed a maximum of 11 stories or 135 feet, subject to the provisions hereof. Where the Commission approves such bonus height, the following standards shall apply: i. I'.s l3aFt of the Gonditional use al3l3F8val, tt:le City Commmission may al3l3r-eve ar-chitectural E;!esi!:ln stanE;!aF~s ether than the MeE;!iterransan E;!osign featur-es required \,lnE;!er Seotien J 1 14 J(!:l)(e)a. of the laRd De'lolel3msnt RO!:llllations. Section 4. This ordinance shall not be construed to affect any conditional use approval previously granted pursuant to Section 31-143(g)(9) and the conditions of such conditional use approval shall remain in full force and effect. Section 5. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any 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 Ordinance No. 2004 - Page 4 stand notwithstanding the invalidity of any part. Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 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 Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Ordinance No. 2004 - Page 5 PASSED on first reading this 7th day of September, 2004. PASSED AND ADOPTED on second reading this 21st day of September, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of ,2004. CITY CLERK 07/06/2004 14:59 3W@/Jr:;@ 30546661;06 LPTOWN MARINA LOFTS PAGE 02/02 ... . APPUCANT REPRESENTATIVE AFFIDAVIT -_._.._. ... -.._.._,,---,...._..~---_._.,.- .. PvtsUlllltIoSedion 31.71(bX2)(i) ollheCI1y a/ A_l.llnd CMqlmenlCode, Ills A\1IlIi<:aI11 ~YI AllldlJlltls '-"bylNlle....:l submitted. Tho Ill1donigned au1hOItl:Od ,.......IblIi.. or 110 _ arenllly eppl~ng b'1Ile DelolopmOllt -. Yotoich Is 1don_1n 1110 ocoompanylllg appIicalion, IIl1d Il1IlIW11<<ot II1Il prl.llMYlubjeeltothe epplicaliQ\(i dllferenQ hettby l$tt IlI<lldenlille< 11I1*'0"5 i'II'Il'""tirlg tile Indil'idilalorenlly ll'!'i~n~foril1oo..",lopmer4 _In oonnecllon wIlh 1Ile~ as 1dI_ Name Relationship p.o. _ys, Amh~ Lond._ _'. E/lOiIIHnl. Labbyl.ol4. El~) Clifford A. Schulman Attorney Mario J. Gatcia-Serra Att.Ol;'nev (AltIch Aiklillonlll Sheets '~98I'/) NOTICE: AllY STATEIII!NT OR REPRESENTATION MAllE BY Nr( PERSON LISTED ON THE AI'fII.ICAHT REPRESENTATNEAI'fIDAVlT SHALL lIE SlNDING UPON THE tIJIVIlUAI. OR EIITlIY N'l'LYING FOR THE lIEVEI.OPMENT PElUIlT AND THE OWNER OF TlIE SUBJB:1' PIlOI'ER'IY. APPLICANTS AND AfI'1AIITS ARE _ED TO TIIII:LY 8UPPLEMENT THIS AFl'IDAVlT PURSUANT TO SEC. 3Hl(B)(2)(N) OJ' THE CITY'S LAND DEVE~PIoIiIfT ReGUlATIONS II TlIE CITY COPE, III 'l1tIi MNT TIlAT PRIOR TO CONSIJlERATlDII OF THE ,yPIJCATIDN BY THE CITY BOARD DR CDIlMlSSIOII, THE INfDRMATIOII PROVIDED IN THE AFFIDAVIT .ECOMES INCORREct DR INCOMPLETE. WITNESS MY HANOT~IS...u....DAY Of June AUnlORIZED REPRESENTATIVE OF APPLICANT: By: ,200!!. OWNER )(By: Nalre: (SlglllltllllJ) (Print) Name: Tille: Title: Add<e..: Mcf....: STATE OF FlORIDA ) CClJNTY OF MIAM~ADE} Before me the undenigned 8u1hafly penIOnBBy 8ppeared Gllb ert llenh",""u Applicant IINI/or .... _ of 118 property IUIIjecl to tie eppicalion, who being fim by me du executed ll1io Alfido'lit for the pUlJlOlllS lfallld ......... Md thai R Is We Md OCIII!ct X AFfiANT SWORN TOANO SUBSCRIBED BEFORE IE Ihli.:..doyo/ June .200_~. .1/ My commission expires' Notery Public Slale' f Florida AI ~ . I PI1nIedNameofNolary f'dlJ..P.. J)./o1 "'~ /..Ut,:t ~ il fi1)f1lfNtEllIilTE , . ! If(; :.~",","SSION I DO 131252 . D.~JAl;'S. 00:I000t 24, 2001 lIaIIcIw.lIuNOllllrl\tk~ .- \, 1- \ ~""...~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavh is made pursuant to Section 31-71(b)(2Xii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) I J 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. X 2. Affiant hereby discloses that h 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: ::I~R'I Pe..rlo",< (Ust name of Commissioner or Advisory Board Member) who selVes on the (A'I (" -"",,,,.S:<ton (Ust City CommIssion or City Advisory Board upon which member SelVes). The nature of the Business Relationship Is as follows: [) i. Membel' of City CocM1lssion or Board holds an ownetShlp interest In excess of 1 % of total assets or capita1 stock of Applicant or Representative; [J il. 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; Kiil. 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 Chy 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; I J vi. The membel' 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 -1.!L DAY OF J 1.1/1 e. . 2lXI:/ APPUCANT: X' By: Name: Title: Signature) rint) Print) WITNESS MY HAND THIS.!L DAY OF J JI /Je AlF/:R:>. GlADYS 0lER0~ii' t,:'''!i MY COMMISSION t DO 178114 ti:'2 .'. EXPIRES: January 15. 2007 ~ . Bonc*ITlwNolaryNllc\.hilrwrlllll .200/ PROPERlY OWNER: By: Name: T1tIe: (Signafure) (Print) (Print) -rhe terms 'Business Relationship: 'Client: 'CUstomer: 'flpplicant: 'Representative' and 'Interested Person' ere defined in Section 2-395 of the Mentura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF M1AMI.lJADE) CI"vcho Sti""lmu/l Before me, the unde"'lgned au1hority, pecsonaOy appeared the Affia who ing fi"'t by me duly sworn, did swear or allinn that helshe exearted this Affidavn lor the plJrposes stated theleIn and that n ~ 1rue and cooed. SWORN TO AND SUBSCRI 1r1 I. OAr> ..~..,~ QtADYS OTERO forb.' A MY COMMISSION' DO 178114 ",,,&.~, EXPIRES: January 15, 2007 '{,W"l\.'t>. _ThruN...___ )( AFF 2rIf/ No Printed Name of Notary My commission expires: STATE OF flORIDA ) COUNTY OF MIAMI.lJADE) Before me. tha unde"'lgned au1hority, per>onaOy appeared _ executed IhIs AWidavit lor the plJ_ slated theleIn and that n ~ 1rue and cooed. the Affian~ who being fiIlI by me duly sworn, did swear or afIinn that SWORN TO AND SUBSCRIBED belore me th~ _ day 01 AFFIANT 200_, Nolary Public Slate of FlorIda At La'lle Printed Name of Nolary My COlllmisslon expires: STATE OF FLORIDA ) COUNTY OF MIAMt.lJADE) Before me. Ihe unde"'lgned authority, personaUy appeared helshe exearted th~ AWldavit lor the plJ_ stated therein and that n ~ true and cooed. the AfflOn~ who being fi",t by me duty sworn, did swear or allinn that AFFIANT SWORN TO AND SUBSCRIBED belore me th~ _ day of 20lL Notary PubIc Slate of florida AI Large Printed Name of Notary My commission expires: STATE OF flORIDA ) COUNTY OF M1AMI-llADE) Belore me, Ihe unde"'lgned authority, por>onally appeared helshe executed this AWldavit for Ihe plJ_ stated lhereln and that K is 1rue and cooed. tha AffianL who being l1rst by me duly sworn, did swear or afIinn that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. Notary PubIc Slate of Florida At Large Printed Name of Notary My commission expires' . , I i ~~~~ 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 wili be presented. M 2. Affiant hereby discloses that n 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: ,;fJ,f'r91 fhlnw (Ust name of Commissioner or Advisory Board Member) who serves on the l.. i ~ If r:,.,,,,,,,, i ~,;,.., (Ust City Commission or City Advisory Board upon which member SelVes). 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 Representallve; I) ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a COI]lOfation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venture; jljii. The Applicant or Representative is a Client of a member of the Cny 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; II iv. A City Commissioner or Board member is a Client of the Applicant or Representative; I) 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 Cny Commission or Board (or his or her employer) in a given calendar year, []vi. The member of the Cny 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. J.lflP_ . 'Jf1J/ WITNESS HA ~"..... QlADYS OTE!\O fFi>>~), MY COMIIISSION. 00 178114 ~~ : I EXPIRES: JanuaJy 15, 2007 VJif., BondIdlhl\lNolll'yNllle\JnlllnVllll'l APPLICANT: K By: Name: rille: Signature) Print) Print) WITNESS MY HAND THIS 1'/ DAYOF Jf)/e. ,'Jf1Jf PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Tl1Ie: "The tenns 'Business Relationship: 'Client: 'CUstomer: 'Applicant: 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DIIOE) 6; Ib< r-t Before me, the unders~ned authoffiy, personally appeared he/she e,earted this Affidav~ for the purposes slaled therein and that ~ ~ true and coned. SWORN TO AND SUBSCRIBED before me th~ L1... day of Jpne X AFFIANT .; .200_. STATEOFFLORIOA ) COUNTY OF MfAMl'{)ADE) BeIonl me, the unders~ned authority, personally appeared heI1he exearted thts AfIidavtI for the puI1lOSeS staled therein and that l ~ true and conect. Prinled Name of Notal}' My commfssion expfres: the AffianL who being fiISt by me duly sworn, did swear or allinn that SWORN TO AND SUBSCRIBED before me th~ _ day of AFF1ANT 200_. NolaI}' Public Slate of Florida At Large Printed Name of Notal}' My commission explres: STATEOFFLORfDA ) COUNTY OF MIAMI-DADE) Before me, the unders~ned authority, personally appeared helshe exearted th~ Alfidavit for the purposes slaled therein and that tt ~ true and conect. the AfflanL who being first by me duly sworn, did swear or afflnn that AFFIAIIT . SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. NoIart Pubic State of F10dda AI Large PIilted Name of NolaI}' My 00IM1issI0n explres: STATE OF FLORIDA ) COUNTY OF MfAMl'{)ADE) Before me, the und...~ned authority, personally appeared heI1he exearted th~ AlIidavit for the purposes slaled therein and that tt ~ true and conect. the AlIianL who being first by me duly sworn. did swear Of alf,," that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. NoIart PubRc State of Florida At Large Printed Name of NolaI}' My commfssion expires' BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(bX2Xii) of the Ctty of Aventura land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) 111. 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 tt does have a Business Relationship with a member of the City Commission or a Ctty Advisory Board to which the application will be presented, as follows: ::r~ffr~\1 \>crlow (Ust name of Commissioner or Advisory Board Member) who serves on the e ;t, ,f Cr.,.,.",;sSiM. (Ust City Commission or City Advisory Board upon which membersetVCS). I The nature of the Business Relationship Is as follows: II 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 ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a COIJlOflltion which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; l*iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professionai working from the same office or for the same employer as the member of the City Commission or Board; I] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; II 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 'J Representative in a given calendar year. WITNESS MY HAND THIS .1!l.- DAY OF J vile . 2OO!f APPUCANT: J \ X ~~: ~~~\~ ~~~rure} T'~e: ~ j1;rinQ WITNESS MY HAND THIS ~ DAY OF ~/lI!..- PROPERTY OWNER: l!f By: Name: ,1::0",3"' R.\!!*t:t-t"<q.tJ Title: Q):"~ lilADYS OTERO ~i ;.\ MY COMMISSION' DO 178114 . . EXPIRES: January 15, 2007 ....: _11w"""''''''''.......... . 200':/ (Signature) (Print) (Print) "The tenns "Business Relationship,' "Client,' "Customer,' "Applicant,' "Representative" and "Interested Person" are defined in Section 2-395 ofthe Aventuta City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) nL_.l, .__ ~rc" IX 'C~ ""'l Before me, the undersigned authortty. personally appeared the Affiant, who being first by me duly sworn, did swear Of affirm that helshe exearted th~ AWidavit for the purposes stated therein and that K is true and correct. X V ~ SWORN TO AND SUBSCRIBED before me th~ J1. day of j Vile, 2JFWff ...:i....,~ IOWlYS OTERO (.f'''Ji.'''f:c, MY COMMISSION' DO 178114 "i~ EXPIRES: January 15, 2007 Vl..iif.'i't.~'. &nIedThru Notary Plbi: lMdenrriters Prin Name of Notary My oommission expires: STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) Before me, the undersigned au1ho!lty, personally appeared heIshe exearted this Affidavit for the purposes stated therein and that K is true and correct. the Affian~ wI10 being fim by me duly sworn, did swear or afIirm that AFFWff SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public Stale of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) Before me, the unde..~ned authority, personally appeared heIshe exearted this AWidavit for the purposes stated therein and that K is true and conoct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED befora me th~ _ day of 200_, No1ary Public Stale of Florida AI Large Printed Name of Nolary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) Before me, the unde..~ned authority, personally appeared heIshe exearted this Affidavit for the purposes stated therein and that K is true and correct. the Affiant, wI10 being filst by me duly sworn, did swear or aftinn that AFFWff SWORN TO AND SUBSCRIBED belora me th~ _ day of 200_. Notary Public Stale of Florida AI Large Printed Name of Notary My commission expires' BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavtt Is made pursuant to Section 31-71(b)(2)(ii) of the Ctty of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (marl< with 'x' applicable portions only) W1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application wili be presented. ( )2, Affiant hereby discloses that n does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application wili be presented, as foliows: (Ust name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship Is as follows: I) 1. Member of City Commisslon or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Appi1cant or Representative; [) il. 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; II 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; II iv. A City Commissioner or Board member Is a Client of the Applicant or Representative; [I 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 11- DAY OF ~\ll\e-. , 'Jf1J! APPUCANT: WITNESS MY HAND THiS (Signature) (Print) (Print) DAY OF ,200_, By: Name: T1Ue: PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: *The tenns "Business Relationship: "Client: "CUstomer: "Applicant: "Representative" and "Interested Person" are defined in Section 2-395 of the Aventure City Code, WITNESS MY HAND THIS JL DAY OF ~I\e... .2Odj. REPRESENTATIVE: (Usted on Business Relationship Affidavit) By: ~'~~Signature) By: (Signature Name: rv\m:ioGxc>(.-~<" (Print) Name: (Print) Title:....A1tof'lej (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (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: (Print) NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies 2) Applicants and Affiants are advised to timely supplement Ibis Affidavit pursuant to Sec. 3l-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 infonnation provided in the Affidavit becomes incorrect or incomplete. NOT ARIZA TION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) l"\:.flO G:ur<Ict- S~<"" Before me, the undersigned authority, personally appeared the Afflant, who being first by me duly sworn, did swear or affirm that helshe executed th~ Affdavit for the purposes slated therein and that K ~ trua and conoct. . *'./ SWORN TO AND SUBSCRIBED before me th~ li day of ~ \J. ,,(., rinled Na My commission expires: OFFICIAL NOTARY SEAL CAROLYNPHODGE OF FLORIDA O. DlJ039618 P. YS STATE OF FLORIDA ) COUNTY OF M1AMl.lJADE) Before me. the unders~ned authority, peISOIlBly appeared heIshe axaeuted this Affidavit foe the purposes slated thereIn and that lis fNe and conoct. the Affiant, who being first by me du~ sworn, did swear Of aftinn that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. Nolary Public Slate of FlorIda At Large Printed Name of Notary My comm1sslon expires: STATE OF FLORIDA ) COUNTY OF MIAMI.lJADE) Before me, the undersigned authority, personaUy appeared helshe executed this AflidavK for the purposes slated therein and thai K ~ lrue and conoct. the AfflBnt who being firsl by me du~ swam, did swear or aftinn that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. Notary PubIc SIata of Florida N.laJge Printed Name of Nolary My convnisslon expires: STATE OF FLORIDA ) COUNTY OF MlAMI.lJADE) Before me. the unders~ned authority, personal~ appeared heIsha executed th~ Affdavit for the purposes slated therein and that K Is fNe and correct the Affiant who being firsl by me du~ swam, did swear or a!finn that AFFIANT SWORN TO AND SUBSCRIBED before me th~ _ day of 200_. Notary Public Slate of Florida AI Large Printed Name of Notary My oommlsslon expires: .;,;.'....~.'. \.' . I . ! ,..! '\:~...~ 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. [ 12. 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: (Ust name of Commissioner ()( Advisoly Board Member) who serves on the (Ust Cny Commission ()( City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (I i. Member of City Commission or Board holds an ownecship interest in excess of 1 % of total assets ()( capital sfocl< of Applicant ()( Representative; (I 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 stocl< exchange) or joint venturer with the Applicant or Representative in any business venture; [I ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional wDlking from the same office or for the same employer as the member of the City Commission or Board; [I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; II v. The Applicant or Representative is a Customer of the member of the Cny Commission or Board (or of his ()( her employer) and transacts more than $10,000.00 of the business of the member of the Cny Commission or Board (or his or her employer) in a given calendar year, II vi. The member of the City Commission ()( 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 .201L APPlICANT: By: Name: Tille: (Signature) (Print) (Prinf) WITNESS MY HAND THIS _ DAY OF .201L PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Title: 'The terms 'Business Relationship,' 'Client,' 'Customer,' 'Applicsnt,' 'Representative' and 'Interested Person' are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS JL DAY OF J:.,,<. ,2001 n Business Relationship Affidavit) By: ignature) By: (Signature (Print) Name: (Print) Title: A-trOff\-'\1 (Print) Title: (Print) { By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) B y: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (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: (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 Conunission, the infonnation provided in the Affidavit becomes incorrect or incomplete. STATE OF FLORIDA ) COUNTY OF MIAMI'[)AOE) NOTARIZATION PROVISION Gl~<d A ~"w..c.^ Before me, the undersigned authority, personally appeared the Affiant who he/she exeo.rted 1Il~ Affidav~ for the purposes stated lIlerein and that ~ ~ true and correct SWORN TO AND SUBSCRIBE me lIlis 15' day of 'J' ""~ 2001 OFFICIAL NarARY SEAL CAROLYN P HODGE NarARY PUEUC STATE OF FLORIDA COMMISSION NO. DD039618 MY COMMISSIOllJ~P. JU~ Y 5 5 rst by me duly sworn, did swear or affirm that STATE OF FLORIDA ) COUNTY OF MIAMI'[)ADE) Before me, the undersigned authority, persooally appeared heIshe exeo.rted this AffidavIt for the purposes slated therein and that tt Is true and correct lIle AfflOnt who being first by me duly sworn, did swear Of affinn that SWORN TO AND SUBSCRIBED before me 1Il~ _ day of AFFIANT 200_, Notal)' Public State of Florida At Large Printed Name of Notal)' My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMi'[)ADE) Before me, lIle undersigned authority, personally appeared helshe exeo.rted IIlIs AffidavIt for lIle purposes stated lIlereln and that ~ Is true and oonecl lIle AfflOnt who being first by me duly sworn, did swear or affinn lIlat SWORN TO AND SUBSCRIBED before me IIlIs _ day of AFFIANT 200_, NOlaI)' Public Slate of Florida AI Large Printed Name of NolaI)' My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMl'[)ADE) Before me, lIle undersigned authorily, personally appeared heIshe executed IIlIs Affidav~ for the purposes stated lIlereln and that ~ Is true and correct lIle Affiant who being fillt by me dUly sworn, did swear Of affinn lIlat SWORN TO AND SUBSCRIBED before me lIlis _ day of 200_. AFFIANT NolaI)' PUbrlC Slate of Florida At Large Printed Name 01 NolaI)' My commission expires: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICM - City Manager TO: City Commission BY: Joanne Carr, AICP Planning Director DATE: August 19, 2004 SUBJECT: Request of Merco Group at Aventura Landings I, II and III Inc. for amendment to Development Agreement under Section 163, Florida Statutes (01-MRC-04) September 7, 2004 City Commission Meeting Agenda Item 1 f3 October 5, 2004 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment to the Development Agreement dated September 2, 2003 entered into by Merco Group at Aventura Landings I, II and III, Inc., and the City of Aventura to revise Exhibit "B" to the agreement to change the number of stories in the north condominium parcel from 18 stories to 19 stories and to change the maximum height of the building from 186'6" to 183"8". REQUEST The applicant, Merco Group at Aventura Landings I, II and III Inc., is requesting an amendment to the Development Agreement dated September 2, 2003 between the applicant and the City to revise Exhibit "B" to the agreement to change the number of stories in the north condominium parcel from 18 stories to 19 stories and to change the maximum height of the north condominium parcel from 186"6" to 183"8". (See Exhibit #1 for Letter of Intent, Exhibit #2 for Development Agreement, Exhibit #3 for Location Map and Exhibit #4 for proposed Modification to Development Agreement) BACKGROUND The applicant was granted approval of an amendment to the Official Zoning Map of the City of Aventura through Resolution No. 2003-10 on September 2, 2003. This amendment changed the zoning designation for three parcels of land located on NE 28 Court at NE 185 Street from B2, Community Business District to RMF4, Multifamily High Density Residential District. As part of approval of the rezoning ordinance, the City Commission approved a Development Agreement under Section 163 of the Florida Statutes in order to guarantee compliance with the applicant's self-imposed limitations on the development of the property. Exhibit "B" to the Development Agreement sets out the project land uses, densities and intensities. For the "Condominium Parcel (north of Proposed NE 185 Street and west of NE 28 Court)", the proposed maximum roof height is 18 stories or 186'6". The applicant has advised that due to structural requirements not considered at the time of the original design of the building, the number of parking spaces that can be accommodated on the lower level of parking has been reduced from 102 spaces in the plan approved on September 2, 2003 to 38 spaces. This has necessitated the addition of one more level of parking in order to meet the number of spaces required by City Code for this building by City Code. Although the number of stories has increased from 18 to 19 stories, the overall maximum height of the building has been reduced from 186'6" to 183'8". This has been accomplished by reducing the floor heights on each level. The original floor heights of an average of 10.35 feet have been reduced to an average of 9.65 feet. In all other respects, the approved Development Agreement remains unchanged. Section 163.3237 of the Florida Statutes provides that a development agreement may be amended by mutual consent of the parties to the agreement or by their successors in interest. Section 163.3225 provides that before amending the agreement, the local government shall conduct at least two public hearings. Notice of intent shall be advertised approximately seven days before each public hearing and mailed to affected property owners before the first reading. The day, time and place at which the second public hearing is to be held is to be announced at the first public hearing. 2 ~ Bi::RCOW &. RAOi::LL RECEIVED ZONINO. LAND USE AND LNVIRONMENTAL LAW Direct: 3OS,377-li227 E-MaH: mtapanes@b<zonlnglaw.com AIIG 0 6 2004 COMMUNiTY DEVELOPME~JT VIA HAND DELIVERY July 30, 2004 Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Oub Drive A ventura, FL 33180 EXHIBIT #1 01-MRC-04 RE: Aventura Landings Public Hearing Application Dear Ms. Carr: This law firm represents MERCO Group at Aventura Landings, I, II, m, Inc. (" Applicant") with respect to the property described in Exhibit A (the "Property"). This letter shall serve as the Applicant's letter of intent to request: (1) A modification of City of Aventura Resolution 2003-64 to allow a street sideyard setback of less than 7' 5" for the Townhomes Parcel and allow additional variances in the Townhomes Parcel; (2) A modification of the Declaration of Restrictions in lieu of Unity of Title Condition 16 to allow the Condominium Parcel to be developed to 19 stories, and Condition 17 to allow an expansion of the floor area within the Lofts Parcel; _ (3) A modification of Exhibit B of the August 22, 2003, Development Agreement between MERCO Group and the City of Aventura to allow the Condominium Parcel to be developed to 19 stories; and (4) A motion by the City Commission to provide a 12-month extension of the time period in which to obtain a building permit required by City of Aventura Resolution 2003-64. WACHOYIA. FlNAlIOI~ CENTER. 200 &OUnI BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLORIDA 83131 PHONE. 8Of5.aToC.t5SOQ . FAX. 805.877.8222 Ms. Joanne Carr, Director July 30, 2004 Page 2 Property. The Property is approximately nine acres in size and is located at N.E. Biscayne Boulevard and approximately N.E. 28th Street. The approved site plan consists of a combination of 62 new urban townhomes, 138 loft-style apartments, and a 205-unit mid-rise condominium (the "Project"). The Project is consistent with the Medium High Density Residential land use designation and the RMF4 zoning district. Requests. As a result of fine-tuning the Project during the preparation of construction drawings, we are obliged to request several modifications to previous approvals. Variances. In an effort to animate the side elevations of the townhomes and increase marketability, we have revised the approved site plan to add bay windows and covered wrap-around balconies to the second floors of comer units. The City of Aventura Code does not address the encroachment into required setback areas of off-ground architectural features, such as bay windows and balconies. Thus, we request a modification of City of Aventura Resolution 2003-64, attached herein as Exhibit B, to allow a street sideyard setback of less than 7' 5" for the Townhomes Parcel. Specifically, we are requesting for additional variances for Lots 10, 11, 20, 21, 25, 30, 31, 44, 45, 50, 53, 54, and 57 in order to accommodate these features by allowing a street sideyard setback of less than 7' 5". We have attached a table illustrating the affected lots and the requested minimum sideyard setbacks as Exhibit C. Condominium. In addition. certain technical structural requirements as well as safety and life support system requirements, have resulted in a few revisions to the approved site plan. Specifically, to fulfill the Condominium building's technical structural requirements while maintaining the approved parking count, we have added one parking level and decreased the overall height. The development of the Condominium to 19 stories requires the modification of Condition 16 of the Declaration of Restrictions in Lieu of Unity of Title, attached herein as Exhibit D and "Exhibit B" of the August 22, 2003, Development Agreement between MERCO Group and the City of Aventura, attached herein as Exhibit E. Lofts. Several safety and life support system requirements required that the Lofts building's floor area be increased. While the floor area ratio remains below 2.0 for the Project, the addition of floor area to the Lofts Parcel requires a modification to Condition 17 of the Declaration of Restrictions in Lieu of Unity of Title. BERCOW & RADEu.. &ONINe. t.AHO uetI _ ______ LAW Ms. Joanne Carr, Director July 30, 2004 Page 3 Building Permit. Last, Condition 2 in Resolution 2003-64 (Exhibit B) requires a building permit by September 2, 2004. Although the Applicant has submitted an application for the sales trailer building permit, the permit has yet to be issued. Additional time may be required in order to give the Applicant the ability to address a series of permitting issues that have delayed the Project. Preparing the dedication of N.E. 185th Street and the road closure of N.E. 28th Court, obtaining the contribution in lieu credits for the design work of Miami Gardens Drive, and dealing with ongoing DERM issues regarding environmental remediation on the Property have all been time-consuming delays for the Project. In the event that the sales trailer permit is not issued by the date of this public hearing, we urge the Oty Commission to present a motion to provide a twelve- month extension to the time period in which to obtain a building permit. We look forward to your favorable recommendation. Should you have any questions or concerns, please do not hesitate to phone my direct line at (305) 377-6'227. Very truly yours, I") I I /) //'~ Melissa Tapanes Uahues, Esq. cc: Mr. Homero Meruelo Mr. Jesus Velez George Moriz, AlA Jeffery Bercow, Esq. BERCOW& RADELL .,ONINe. LAMD U.. AND .NVI_M.Kn'oL I.AW I Legal Description I Trlct."A": The North 310.86 feel. of the fol'lo'Wnq dca:cnbcd property; i J.. p~,jC(L of the South'll'ut 1/4. of Fractional Sec;tion J. Tornship 52 South. Ranqe 42 East. .Iltomi-Oode County. Florida. being more porticllCor1y descrt>cd as Ialla.s: I 9cqirl at the South"esl comet' of the Northwest 1/4. of the Soutncasl 1/4, oIth. Southw.st 1/4, of soid Fractional Secliocl 3; thence N89deg59min26secW, along th. South lin. 01 th. Northeast 1/4. of tile South..st 1/4. of th. SO<Jlh...t 1/4. or said Section J. far 80.21 feet: thence NOOdegOlmin45secE for 310.86 (eel to a point 00 Q CU~ (said point bears S.OOdcq08min15secW h"Ol'T1 the radius point of .the n.d described. ci"culOl' curve); then.ce SO<Jth....tetly. along a ci"culor curve to the I.n (canc... to the Northeast), hning a rod'",s 01. 694.69 feet and a central Clngle of OOdeg06mi'lJOsec for on orc iblonce .of I.JI reet to 0 point of tangency, thence S89deq58minlS..cE. along a lin. parolel .ith and 20.00 leet SO<Jth 01 as measured at right angl. to the North ron. of the SO<Jth 1/1.. 01 the North.est 1/4 01 th. Southeast 1/4. 01 the .SO<Jth...t 1/4, 01 sold Section J. lor. 4Jl.94 I..t thenc. SOOdeqOOmin45_. a10nq the WCltcriy Right-aI-Way line 01 N.E. 28th eo..rt one! Ita Southerly ptQlangotlan oi r......d.d. in Official Records lloak 6088, Pag. 160 01 th. Public Records of lIiami-(lad. Coonty. FIorido. for 760.62 le.t III..... N89dcq59mnzs..cw. oIong . ... parallel with and 449.11 I..t South 01. os meo....cd at riqht on'll" to the North .... .f the SO<Jth.cst. 1/4. .f the SOIith..st 1/4. of th. South.est 1/4. of said Section J, lor :H6.87 f..t th.nc. NOOcI.g46min52..cW. along the East ron. .1 th. SO<Jlh...t 1/4. or th. SO<Jlh.est 1/4, 01 said Section J, for 449.95 le.t to th. Po(NT CT BEGINNING. l)ing and b.ing n Iliaml-oad. CO<Jnly, Florida. . TRACT "R": I I I I I I Th. SO<Jth 449.91 I..~ of th.. foUow.ing described property. A portion 01 the South...t 1/4 or Frocllonal Section J. T.wnship 52 SO<Jth, Rang. 42 Eos~ Iliami-Ood. County. Florida. b.ing more porticulariy described as follo"s: B.gin at the South...t comer '.f lb. North.cst 1/4 .1 the South..st 1/4 01 lb. South.est 1/~ 01 saki FractiOMl' SecUon: 3; Ihcnce N89<1cq59min2,SaccW, oIong the SO<JIII \lne of th. Norlh..st 1/4 .f th. South...t 1/~ 1l( the South...t 1/~. of....d Soctlan J. for 80.21 I.et Vi..e. HOOd~min45secE lor 31o.~ I..t to e po<it on 0 ....... (Mid point b..... ~~liIlS.CCW Irom the roclUs point 01 . llIe ncst describcd cirClAor cunc); Ill.... Southcostorty; "onq . . c:it<Uor....... to the left (conca.. t. ",. H_t), hamg .0. . rodiul .1 59Ue loct and 0 _traI 1InqI. 01 OOdeq06mln3Osec lor lXI ere dst..... .f 1.31 .f.et to . point ., .tanqcncy. thence ~9daq58mlnI5occE. a10nq . ron. p<<alleI with and 20.00 l..t South ., .1 m....rod .\ r\qht .ngles to. the Norlh Iin. .f the South 1/2 of th. Horth_t 1/4 01 the SO<Jth.ost 1/4 .I-th. SO<Jth...t 1/4 .f said SecUon 3. \ol' 431.~4 leet thence SOOdeqOOm1n45tec'll. dotlg the Westec1y Riqht-of-Way rill. of N.E. 18th eo..rt and Its Southerly proiongalion .. rlC<X'dcd n (Official R.....ds Book 6088. Pag. 160 of the P\IbIk; Records of lliomHlo<l. County. Florida. for 760.62 I.et thence H89d.g59minZSs.cw. along I .... p.....e1 .lth and 449.91 f..t South of. os measurcd at r\qht lXIglU 10 the North rill. of the Soulll.est 1/4 of the South...t 1/4 01 th. SouIh.est1/4 or loid SocUon 3. lor 34li.87 I..t; Ibence NOOdeq46min52secW. along th. Eostlin..I th. South.est 1/4.f th. South..st 1/4, .1 said SectilXl 3, lor '449.95 f..t to th. Po(HT OF BEGlHI<<HG, '>",g and being n 1I100001-OOd. County, Florida. I I I I I 1 I I I I:}I.HIt:S11 l~ . TRACT "CO: j A portion 01 the Ea,l 1/2 01 the Southw..t 1/4 0' the SQ,th.osl 1/4 of the Southwesl .114. of Frcctional Secticn 3. Township S2 South. RonC)c 42 Eosl. l.honu-Oadc County, FlorM:!o. bcinc; mO(c por'Jc:vtorty dcscnbed os faG oW$: I I Commence at lhe North....est corner of the East 1/2 of the Southwest 1/4.at th. Sauth.o.t 1/4 of th. Southw..11/4 of .ai~ frcctiond Section J: thence' "'" S89d<959min25.ec&. dong th. Narth baundClfY, 01--.. lit. Ea.1 1/2 01 the Southwest 1/4 of the Southea.1 1/4 of the Sout/1west 1/40f .oid . froctiond Section J. a ..,Ian.. of 90.17. 1..1 to th. pa..t Of ..!.....ction with East Right-of-Way bounder)' of North.o.1 28th Caurt a. desail.d in that certain Rigll-of-Way O..d 10 Ood. County, fi.d on Seplember 10. 1968, in Offi.iaI RecO(ds Book 6088, Poge 160 of the Public Records of Miami-Code Cau~ly, Florida, being th. POINT OF SEGNNlNC 01 th. pored of lond h......a~... to b. d<.ailed: th...c. "'" SOOdeqOOmiil4S.ecW dong the aforesaid descra,ed rtnCj 0 distance af 361.28 leet" to the pont of intersection with a Ihe that is 300.00 tut North of and 'Wale to th. Sout/1 boundary of the Eo.t 1/2 Of th. Southwest 1/4 of the Southea.t 1/4 of th. Southwest 1/4 of said fnlCtion<i Secticn J. thence NO N89d.gS7min54.ecE dcn9 tho Iasl descriJ<<I line. '0 distonce of 200.28 feot to . pMt. s.id point' b.in9 4e;75'o f.et West of the Eut boundary of the South_t 1/4 of the Southea.t 1/4 of the Southwest 1/4 of said. fractionGl J; lhence Nn NOOd<9OOmin45secE Glong . line thot 10 200.28 feet Easl.f ond poroIIoI to the soid toot bo.lndary of NoriheGSt 28th Court. . distance of 361.18 feet to the pM! of int....ection with the Narth boundary of the Southw..t 1/4 0' the Southeast 1/4 or the Southwest 1/4 of soid fractional Section J; then..' NIl N89degS9min25<ecW dong the lo.t desail.d line, . ..stone. or 200.28 feet to the .. POINT OF SEGNNING;" I I I I I I I I I RO.ul TRACT: Th.1 portlcn of 0 70.00 feet' wide Rlqht-af-W.y fo<' N.E. 28th Court .s d.scribed in Official Re<:o<'ds Bool< 6068. ot P.'l.e 160 of the Pubtlc Records of loIiami-Dode County. florido. l)ing South ot the North line at the t.st 1/2.. of the Souu."est 1/4. at \he Southeo.t 1/4. of the Southwe.t 1/4, of Section J, Township 52. South.' Range 42 Ea.t. CIty of A_turo. IoIloml-o.de County. F1llrida. ALSO KNO'M-l AS: A portion of the E.ot 1/2.. of the South"est 1/4. of the sOutheast 1/4. of the Southwest 1/4 of fr.ctland Section J. Township 52 South. Ronge 42 t..t. . 1oI1oml-o.de County. florid.. being more p0t'l1culor1y described a. follow., Commence at the Northwest corner of the tast 1/2.. of the Southwut 1/4. of the Southeost 1/4. of the Southwest 1/4. of .ald Section 3: thence S89d"'l59mIn2SaecE. oIonq the NOl"th Une of the E..t 1/2.. af the Southwe.t 1/4. of the Southea.t 1/4. of the Southwest 1/4. of a.ld Section 3. for · distance of 2.0.17 teet to its Intersection with the. lIest Ri9h\-of-~oy Un. of N.Of'theast 26th Court. 0:1 delcribed In that certain Rlqht-of-Way Deed to loIiomi-oode Count,. fied on Seplcmb!", lOth. 1968. in Officio! Records 800\< 6068. P.qe 160 0 the Public R.cords of IoIlomi-O.de Counly. florida. aald point also beinq the POINT OF' BEGINNING of the h....in.ftet' de.crlbed Pared at Land: thence continue S89deq59min25secE. olon9 the last desaibed line. CJ distance ot 7Q.00 (c.et lo its inlCt'$cction with Ecst Right-cr-WoyUne of laid Northeast 28th CWlt thence SOOdeg01min45.ecW. oIong soid Ea.1 Right-of-..oy Une of NOl"th.o.t 28th Court. fOf' 449.95 I.et; thence N89d.q59min25aec'lf lor 70.00 -- I I I I I I feet to its inlersecti~ with said West Ri9ht-c(-.....oy Une of Northeast 26th Court; thenC'e NOOdc9mmtn""'5sccE. 010.'9 said West Riqht-ol-""oy Une of Northeast 2Bth Court. for 4~9.95 feel to the POINT Of' 8EQNNIHG. . LESS: I A portion of the East 1/2. of thf: Southwest 1/4. of the Southeast 1/.... of the S""th...t 1/4 of FrocUonal Section 3. r""nship 52 SOIJlh. Ran~e 42 (0.1. Mtomi-Oade County. florida, beinq morc porticulot1y described as (oUaws: I Commence at the North....est comer oJ the Eost 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said Section 3: thenee S89deq59mln25secE. olong the North Line of the E'ast 1/2. of the Southwest 1/4, o{ the Southeast 1/4-. of the Southwest 1/4. at sold Section J. to< Q distance of 90.17 fut to itJ intersection with the East Riqht-of-Way Une of Northeost 28th Court. os described in that certain RIght-a(-Way Oeed to "Miami-Dade County, filed on September 10th, 1968. in Offidat RIlcords Book 6088. Po~e 160 01 the Public Recard. 01 Mloml-Oade County. florida: thonce SOOde~01mIn45..cW. a1on~ the la.t d..cribed line lar 361.33. feet to the POINT OF' BEClNNtNC af the hereindtter desc:tibed Porcel of land: th.et1CIIii SoodC</01mIn45.ecW lOt' &lI.62 leet; thence N89dC</S9mln25.ccW far ~S.OO feel: thence NOOdC</01mIn4S.ecE .far 88.60 feet; thence N694C</S7min54.ecE fOt'.35.oo leet to the PaNT Of' BEClNNlHG. . Containing 28.39S.07 Square reet Otld/Ot' 0.6S Acr.. mare Ot' I.... . I I I I I I I -- I , J ~ r/{c:tum -frI'. ernf OF AVENTURA OFFICE OF THE CllY CLERK 19200 WEST COUNTRY CLUB DR. AVENTURA. FL 33180 DEVELOPMENT AGREEMENT This Develwent Agreement (" Agreement") is made and entered into as of the J. - day 0'- '1L~. . 2003 by and between the City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA LANDINGS II, INe. AND MERCO GROUP AT AVENTURA LANDINGS m, INe. (collectively "Owner'').: RECITALS: WHEREAS, the Owner owns the property, consisting of approxnnately 9.02 gross acres of land (the "Property"), the legal description of which is attached hereto as Exhibit Ai and WHEREAS, the Owner has proposed in the Application to develop the Property with the planned uses (the "Project") described in Exhibit B attached heretoi and WHEREAS, the Owner has filed applications for development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications"), with the City's Community Development Departmenti and WHEREAS,pursuant to the applicable City of Aventura Code provisions, the site plan for the property has undergone review by the City Staff; and WHEREAS, Owner has agreed to provide the design for a necessary public facility, NE 185lh Street extension, as well as dedicate needed right-of-way for N.E. 185lh Street and construct such roadway within the Property, which will satisfy the needs of the Project and remedy an existing deficiency, which actions will also provide a significant enhancement to the quality and utility of other area roadways; and WHEREAS, this Agreement is intended to and shall constitute a Development Agreement among the parties pursuant to the Florida Local EXHIBIT #2 01-MRC-04 Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes (the" Act"); and WHEREAS, the City of Aventura City Commission has considered this Agreement at public hearings held on July 1, 2003 and September 2, 2003, and has determined that the Project and this Agreement are consistent with the City's Comprehensive Plan and the land development regulations the City has promulgated pursuant thereto; and WHEREAS, City has determined that it is in the public interest to address the issues covered by this Agreement in a comprehensive manner in compliance with all applicable laws, ordinances, plans, rules and regulations of the City, while allowing the Owner to proceed with the development of the Project in accordance with existing laws and policies, subject to the terms hereof, and the City has agreed to enter into this Agreement with the Owner. NOW, lHEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby . acknowledged, the parties hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The Project. A description of the Project, including population densities, and building intensities, is attached to this Agreement as Exhibit B. 3. Applications for Development Approvals. Promptly following the effective date of this Agreement, the Owner will initiate and diligently pursue all applications for development permits (as defined by Section 380.031(4), Florida Statutes), which were not previously obtained. A list of all local development permits required to be approved for the development of the Property is attached hereto as Exhibit C. City shall process all development permit applications in a timely fashion and the City shall cooperate with the Owner (at no cost to the City) in processing all necessary development permit applications with Federal, County and State agencies as needed. 4. Funding for Public Facilities. (a) Owner agrees to dedicate to the City the required road right-of-way for NE 1851h Street, as it bise<;ts the Property, in accordance with design plans for such roadway improvements to be prepared by Owner and approved by the City, Miami-Dade County, and the Florida Department of Transportation (FDOT), for construction of "Miami 2 Gardens Drive Connector" (TIP project number 671363) as a new 4 lane facility from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans"). (b) Owner agrees to prepare the 185 St. Plans, and apply for approval of same from the City prior to applying for approval of the first building permit within the Project. City agrees to cooperate in its review of the 185 St. Plans and to provide expeditious review of such plans. Upon its approval of the 185 St. Plans, City shall prepare and submit all necessary applications to County, FDOT and other agencies for approval of such plans, and shall expeditiously process such applications to obtain necessary approvals. (c) After Owner has completed and City has obtained approval for the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in accordance with the 185 St. Plans. Prior to issuance of the first certificate of occupancy or certificate of use for the Project, construction of the portion of NE 185 St. within the Property shallbe complete, certified and accepted by the Oty as acceptable. (d) Provided that this Agreement has become effective as provided in paragraph 10 below, Owner shall dedicate all of the required roadway right- of-way for NE 1851h Street within the Property, to Miami-Dade County or City as appropriate, after approval of the Applications and within thirty (30) days from the expiration of all appeal periods relating to approval of the Applications, with no appeals having been filed, or if filed, having been resolved in Owner's favor. For purposes of this paragraph, "appeals" shall include petitions for writs of certiorari, and challenges pursuant to Section 163.3215, Florida Statutes. 5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is expressly subject to approval of such payment as a roadway improvement contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner acknowledges that only the offsite portion of such payment may receive contribution-in-lieu-of-fee approval, and Owner shall be required to apply for approval of such roadway improvement contributions-in-lieu-of-fee pursuant to the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual, and City agrees to provide all necessary support for such application. Failure to receive an approval for such contribution-in-lieu-of-fee shall render the Agreement null and void. 6. Adequate Public Facilities. Pursuant to Section 31-239 of the City Code, the City has made affirmative concurrency findings that all of the public services and facilities necessary to serve the Project meet or exceed the 3 established LOS standards. Furthermore, the City agrees that during the term of this Agreement, it shall provide and reserve concurrency-related public facility capacity for the Project, within the scope of the City's authority as a service provider. 7. Laws Governing this Agreement. The City's laws and policies governing the development of the Project and the Property at the time of the execution of this Agreement (including, but not limited to the City's concurrency management program as set forth in Section 31-239 of the City Code) shall govern the development of the Project and the Property for the duration of this Agreement. The City may apply subsequently adopted laws and policies to the Project only as otherwise permitted or required by the Act. 8. Consistency with the Comprehensive Plan. The City has adopted and implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of this Agreement dealing with the Property are consistent with the Comprehensive Plan and its adopted land development regulations. 9. Public Facilities and Concurrency. Owner and City anticipate that the Project will be served by those roadway transportation facilities currently in existence as provided by State, County and City roadways. It is also anticipated that the Project will be served by the public transportation facilities currently in existence, including those provided by Miami-Dade County, and other governmental entities as may presently operate public transportation services within the area. Sanitary sewer, and solid waste, services for the Project are expected to be those services currently in existence and owned and operated by Miami-Dade County, and/or the Miami-Dade Water and Sewer Department. Potable water service shall be provided by the City of North Miami Beach. Stormwater drainage service shall be provided by the City. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12), Florida Statutes (2002), and as such are described. in the Comprehensive Plan, specifically including, but not limited to, those facilities described in the Comprehensive Plan's Transportation, Infrastructure, and Capital Improvements Elements. A full listing of all such public facilities is set forth on Exhibit D attached hereto. 10. Recording of the Development Agreement. Within fourteen (14) days after the City executes this Agreement, the City shall record this Agreement with the Oerk of the Circuit Court of Miami-Dade County. The Owner shall submit a copy of the recorded Agreement to the State of Florida, Department of Community Affairs (DCA) within fourteen (14) days after this Agreement is recorded. This Agreement shall become effective only after (a) it 4 has been recorded in the public records of Miami-Dade County, and (b) thirty (30) days have elapsed after DCA's receipt of a copy of the recorded Agreement. The Owner agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof, and, subject to the conditions of this Agreement, shall be binding upon the undersigned, and all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of the either party, the other party shall join in a short-form recordable memorandum confirming such extension to be recorded in the public records of Miami-Dade County. 11. Term of Agreement. (a) This Agreement shall terminate on the date which is five (5) years from the effective date hereof; provided, however, that if the Owner fails despite all reasonable, good faith efforts to receive a "no further action (NFA)" letter from Miami-Dade County Department of Environmental Resources Management (DERM) for the environmental remediation of the Lofts Parcel and Townhome Parcel (as described on Exhibit B) within six (6) months from the effective date of this Agreement, then the term of this Agreement shall be automatically extended beyond the five year term in an amount of time equivalent to the time taken for the issuance of the NF A, but not to exceed an extension of two years. (b) In addition to the foregoing, the term of this Agreement may be extended by mutual agreement of the City and Owner in 2.5 year increments for up to an additional five (5) years from the termination date set forth above, subject to public hearing in accordance with ~163.3225, Florida Statutes. City approval shall not be unreasonably withheld provided that the City finds that the Owner has complied with the obligations applicable to the Owner in Paragraph 4 above and is proceeding to obtain or has obtained the development permits in Paragraph 3 above'. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. 12. Time for Completion. Owner shall commence development of the Project after the effective date of this Agreement, as set forth in paragraph 10, above. All permitting, infrastructure improvements and land development shall be completed prior to the termination of the Agreement, within five years of effective date unless extended pursuant to paragraph 11, above. City acknowledges and agrees that all public facilities and services that are required to service the Project will be available concurrent with the Project's impacts during the term of this Agreement, and that Owner shall be permitted to complete the Project, as set forth in this Agreement, prior to the Agreement's termination date. 5 13. Default and Remedies. (a) In the event that Owner defaults under any of its obligations set forth in paragraphs 3, 4, and 5 above, City is authorized to withhold issuance of any development orders and development permits until Owner has complied with the terms of this Agreement. (b) In the event of default by either party under this Agreement, the other party shall be entitled to all remedies at law or in equity. 14. Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and/ or its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in an accordance with established requirements of state statutes and county ordinances, in the exercise of the City's jurisdiction under the police power. 15. No Permit. nus Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. 16. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement; and, in that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided, that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the City police power or actions of the City when acting in a quasi- judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the concept of no cost shall not be deemed to include any cost of review (whether legal or otherwise), attendance at meetings, hearings or proceedings and comment and/ or execution of documents, all such costs to be borne by the party receiving a request to so cooperate, act in good faith or so forth. 17. Omissions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction notwithstanding any such omission. 6 18. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City Manager City of A ventura 19200 West Country Oub Drive Aventura, Florida 33180 With a copy to: Gty Attorney Gty of Aventura 19200 West Country Oub Drive Aventura, Florida 33180 If to Owner at: MERCO Group Inc. 5101 Collins Avenue Miami Beach, Florida 33140 With a copy to: Jeffrey Bercow, Esq. Bercow & Radell, P.A. 200 S. Biscayne Boulevard Suite 850 Miami, Florida 33131 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.s. mails. The terms of this Section 18 shall survive the termination of this Agreement. 19. Construction. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. (c) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. 7 20. Severability. In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. . 21. Litigation. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. The terms of this paragraph shall survive the termination of this Agreement. 22. Time of Essence. Time shall be of the essence for each and every provision hereof. 23. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. 24. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearings commenced by the Owner (any such causes or events to be referred to herein as a "Force Majeure"), shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. 8 Signed, sealed, executed an acknowledged this z.. 2N~ay IIf/2oo3. WTINESSES: // .~ '. . /' Prin ~ ( ~~~FO~J:z The ~reg~g instrument was acknowl~'lore me by e ::x:J . the' - of ~; "t:.,p 4 -h.. ~,/l'lftporation, on ~f the corporation. He/She is personally known to me or has produced . . as identification. P \ my signature and official .2003, in the County an day of ~~~s My Commission Expires: N ~i\. Zaydo Vanlna . ~ . My CommioIIon 0003220Cl '\;:..~ fJcpno Juno 07 2llO6 J 9 By. MERCO GRO LANDIN STATE OF COUNTY OF The foregoing instrument was acknowled~d before me by ~~ the yrt"'$~ ~ of Me ' . ~chation,on behalf of the corporation. He/She is personally known to me or has produced . as identification. I ~itness ~-f my signature and official ,2003, in the County an dJ.- day of ~1\ Zaydo VIlIllnS · ~; My ConvnIoeion llOO32208 ~..~ Expi!wJlM1e07 2005 '\ My Corrunission Expires: 10 WITNESSES: STATEOF$i COUNTY OF (. was ack;:l9wle~l!fd before me by e ]:J:C:7~ of orp ation, on behalf of the corporation. He/She is pers y known to me or has produced . as identification. , -JJ;;m;s my signature and official . 2003, in the County of My ColIU1lission Expires: tin ame .r:.a\. Zoyda Verona . ~. . My CclmnUSIon DD032206 '''..1 E>qliI9o Juno 07 2005 Attest CITY OF A VENTURA, FLORIDA By: c Eric Soroka, G er '\ 11 (Space reserved for Clerk) JOINDER BY MORTGAGEE INDIVIDUAL The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677, all in the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property described in the foregoing agreement, does hereby acknowledge that the terms of this agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 27. N j August, 2003. day of '\ )< Address: /'! '?J .1 :~OO ~,A Ta/> ])p lie. 'ff 2k;:1tG /1,,-'mr .B-~A .3 ~ I flO If:Vorms\Ioktdef by Mortpcee - Casares I112V03D (~ce reserved for Clerk) COUNTYOF florid, bdcf srATEOF . ThJ foregoing instrument was acknowledged before me by _lli 'l ~ f A.~a (ItS who Is..-personally known to me or has produced as identification. Witness my signature and official seal this ~ d in the County and &ate aforesaid. ~ My CommisSon Expires: i''''i\. layd. Varona . ~ . MyCommissldn~ "+;....'./ ExpmJuntt07 200~ p,..........- byM_ '___1 Legal Description Trad "Art: The Horth 310.86 feel of the following descnbed property. A portion of the South.....est 1/4, of Fractional Section 3. Township 52 South. Range 42 East... Miami-Dade County. florida. being more parlicu{orIy described os follows: Bf9in ot the Southwest comer of the Horthwe,t 1/4, of the Southeo,t 1/4. of the Southwest 1/4. of said Fractional Seclion 3; thence N89deg59mil26secW, olong Ihe South line of the Northea,t 1/4. of the South.e,t 1/4. of the Southwesl 1/4. of ,oid Seclion 3. for 80.21 feet thence NoodegOlmil45secE for 310.86 leet to 0 point on 0 curve (said point bears S,OOdeg08minlSsecW from the radius point of the next described circular curve); lh"ence Southeasterly, oloog (] circular curve to the left (concove to the Northeost), hoving 0 rodius of 694.69 feet and a central CJ"lgle of OOdeg06min30sec for on arc distance of 1.31 feet to 0 point of tangency; thence S89deg58minlS'secE. olong 0 lile paroUe! with on<! 20.00 feot South of os meosured ot right ongle to the North line of the South 1/2. of the Northwest 1/4 of the Southeost 1/4, of the .Southwe.t 1/4. of lold Section 3. for 431.94 feet thence SOOdegOOmil45secW. dong the Westerly Right-of-Woy line of H.E. 28th Ccur\ end Its Southerly prolongation os recot'ded il Offteiol Recordl Book 6088. Poge 160 01 the Public Records of lAiomi-Oode County. norido. for 760.62 feet thence H89deg59mil25secW. along 0 line porolld lrith CIld 449.91 teet South . of. os measured at right ongles to the North line of the Southwest 1/4. or the Southwest 1/4, of the Southwest 1/4, of said Section 3. for :H6.67 feet thence Noodeg46min52secW, along the Eost line of the Southwesl 1/4. 01 the South.est 1/4. of sold Section 3, far 449.95 feet to the POINT Of BEGINNING, l)ing ond being il l.Iiomi-Dode Counly, norido. TRACT liB": The South 449.91 feet, of the. follo.Jng described property: A portion of the' Southwest 1/4. of Fractional Section :5, Township 52 South. Range 42 East, Miami-Dade County. Florida, being more porticuloriy described os follows: Begin 01 the Southwest comer 'of the Horthwest 1/4 of the Southeost 1/4 of the Southwest 1/4 of sold Froctionol. Section: 3; thence H89deg59mil25secW. oIC1l9 the South line or the Horth.mt 1/4 of the Southwest 1/4 0' the Southwest 1/4, of sold Section 3. tar 80.21 feet thence HOOdeg01min45secE for 310.86 feet 10 0 point on 0 cune (soid poinl b..... SOOdegO&ninl5secW from the ,ad'1JS point of the nest descrl>ed circular cu""'); thence Southeosterly; dong 0 cic:cuIar CUNe to the left (concave to the Hortheast). ha'lingo rod'lUI of 694.69 feet ond 0 centrol CIlgfe of OOdeg06min30sec far on ore cfis\CIl~e or 1.31 . feet 10 a point of .lon9encY. thence S89deg58minl5secE. dong 0 rone parotid lrith and 20.00 feet South of os measured 01 right ongles to, the North line of the South 1/2 of the Horthwest 1/4 of the Southeosl 1/4 of the South.est 1/4 of said Seclion 3. far 431.94 reet thence SOOdegOOmin45secW, dong the Westerly Right-of-Way lile of H.E. 28th Court ond its Souther1y prolongotion os recorded in (Official Records Book 6088. Poge 160 of the Public Records of Miami-Dade County. Florida, for 760.62 feet thence H89deg59min25secW, olong a line parolle! with ond ~49.91 f.et South of. os meosured ot right angles to the Horth line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of soid Section 3. for 346.87 feet; thence Hoodeg46min52secW, oIong the East line of the Soulhwest 1/4 of the Soulhwest 1/4, of soid Section 3. lar 449.95 feet to the POINT Of BEGlNHING. lying ond being in Miami-Dode COUl'1ty, Florida. TRACT .C": A portion of the East 1 /2 of the Southwest 1 /. of the SOJtheost 1/. of the Southwest Y. of Fractional Section 3, Township 52 South. Rong~ .2 East 1,lIonll-Dade County, Aorida, being more p<Jticulor1y desalbed 0$ follows: Commence ot the Northwest comer of the Eost 1/2 of the Southwest 1/4.of the South.ost 1/4 of the Southwest 1/4 of said Fractional Section 3; thence'run S89deg59min25secE- along the North boundory'of..-.. the East 1/2 of the Southwest 1/4 of the Southeost 1/. of the Southwest 1/4 01 said Froctionol Section 3. 0 distonc. of 90.17.' feet to the point of intersection with East Riqht-of~Woy boundary of Northeast 28th Court os descriled ;, that certoin Riglt-of-Way Deed to Dode County. fled on September 10. 1968. in Officiol R.cords Book 6088, Page 160 of the Public Records 01 Miomi-Dod. County. Florida. being the POINT' OF BEGINNING 01 the porc~ of land hereinafter to be described; thence run SOOdegOOmii145secW along the ~foresoid. desc:ribed ~ine. Q distance of 361.26 feet to the point of lntersectlon wIth a I",e that is 300.00 leet North of ond 'parallel to the South boundory of the East 1/2 of the Southwest 1/4 01 the Southeast 1/. of the Southwest 1/4 of said Fractional Section 3' ~ence run N89deg57m;,5-4secE along the last described line,'a dIStance 01 200.28 feet to a point said point being 46;75 feet West of the East boundary of the Southwest 1/. of the Southeast 1/4 of the Southwest 1/. 01 soid Fractional:l; thence run NOOdegOOm...5secE along a line that is 200.28 feet East of ond po-aI~ to the said East boundory of Northeast 28th Court. a distonce of 361.18 feet to the polnt of ..tneelion with the North boundary of the Southwest 1/. 01 the Southeast 1/. 01 the Southw'est 1/. of soid Froctionol Section 3; thence' run N89deg59min25secW oIong the last descnbed ';,e. 0 distance of 200.28 I..t to the POINT OF BEGINNING.' ROAD TRACT: Thot portion of a 70.00 leet wide Right-of-Way for N.E. 28th Court os described ., Officio! R.cords Book 6068. at Pa~.e 160 of the Public Records of Miami-Dade County, Florida, l)t"g South of the North line- of the East 1/2. of the Southwest 1/4, of ~he Southeast 1/4. of the Southwest 1/4. of Section ~. Townshil> 52.South. Ronge 42 East. City of Aventuro. Miami-Dade County. F1Orido. . ALSO KNOv.tl AS: A portion of the East 1/2. of the Southwest 1/4. 01 the Southeast 1/4. of the Southwest 1/4 of Fractional Section 3. Township 52 South. Ro!,ge 42 East, . Miami-Dade County. Florida. being more porticularly de.enDed os ~lo~s: Commence at the Northwest eorner of tne East 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of laid Section J; thence S89deg59min25s.cE. olong the North Line 01 the East 1/2. of the Southwest 1/4, of the Southeast 1/4. of the Southwest 1/4. of loid Section 3. for 0 di5tonc~ of 20.17 feet to itl intersection with the West Right-at-Way line of Northeast 26th Court. os described in that certain Right-ai-Weiy Oeed to Miom\-Oo.de Count" flied on Septemb~r 10th. 1968. in Official Records Soak 6088, Page 160 0 the Public Records of Miami-Ooele Coun ty. florido. laid point also being the POINT Of BEGINNING of the hereinafter described Parcel of Land; thence eontinue S89deg59min25secE. along the lost described Une. a distance of 70.00 feet to its intersection with East Right-of-Way Line of said Northeast 28th Court: thence SOOdeg01min-45secW, clang said Ecst Right-of-way line 01 Northeos.t 28th Court. for 449.95 feet; thence N89dcQ59min25secW for 70.00 teel to iI. intersecli~ with said West Right-at-way Line of Northeost 28th Court; thence NOOdeg01min45sec[, olo<1g soid West Right-oJ-woy Line ot Northeo.1 281h Cour\. tor 449.95 teet lo the POINT OF BEGINNING. LESS, A portion ot the Eost 1/2. of the Southwesl 1/4. ot Ihe Soulheost 1/4. ot the Southwest 1/4 of Froctional Section 3. Township 52 South. Range 42 East. Miami-Dode County. f1orida. beinc; morc pcrticulorly described os follows: Commence ot the Northwest corner 0.1 the East 1/2. of the Southwest 1/4. of the Southeast 1/4, of the Southwest 1/4, of. said Section J; thence S89deg59min25secE. 010n9 the North Line of the Eost 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said Section J, for 0 distance of 90.17 feel to its intersection with the Eost Right-ot-Way Une of Northeast 28th Court, os described in that certain Right-o(-Way Deed to 'Miami-Dode County, tiled on September 10th, 1968. in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade: County, Florida; thence SOOde:901min45secW. olong the lost described line for 361.33. feet to the POtNT OF BEGINNING of the hereinafter described Parcel of Land; th.ence SOOdeg01min45secW for 88.62 teet; thence N89deg59min25secW tor 35.00 teet; thence NOOdegOlmin45sec:E for 88.60 feet; thence .N89deg57min54secE for 35.00 feel to the POINT Of' BEGINNING. . Containing 28.395.07 Square Feet and/or 0.65 Acres m.ore or less. EXHIBITB 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). 1his 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 18 stories or 186' - 6". Lofts Parcel. (South of NE 185th Street and east of current NE 28th Court). 1his parcel is 1.952 acres in size. Proposed development of this parcel is for 138 loft-style apartment units under the RMF4 zoning district regulations. Proposed maximum height is 13 stories or 206' 10". Outparcel. (South side of NE 185th Street, on northwest side of Townhome Parcel). The outparcel is .284 acres in size. Proposed development of the outparcel is for a swimming pool, clubhouse, entry feature and guest parking. No residential development is proposed for this parcel. Subject to approval by the City Commission, the Owner may install landscaping, a water feature, or other decorative elements on this parcel. EXHIBIT C LIST OF REQUIRED DEVELOPMENT PERMITS Department of Environmental Resource Management Permits Miami-Dade County Public Works Department Permits Miami-Dade Water and Sewer Authority Department Approval and permits South Florida Water Management District Permit (Storm Water Management) Full Building Permits, covering . Foundation Electrical Plumbing Mechanical and Cooling Towers Elevator Fire/Life Safety Systems Roofing Glazing (Windows and Doors) Stair and Balcony Railings Signs Certificates of Use and Occupancy Such other permits as may be required by Federal, State and local law. EXHIBIT D PUBLIC FACILITIES The Project will be serviced by those roadway transportation facilities currently in existence as provided by State, County and local roadways. The Project will also be serviced by public transportation facilities currently in existence, as provided by Miami-Dade County, the Florida Department of Transportation, and such other governmental entities as may presently operate public transportation services within the area of the Project. Sanitary sewer, and solid waste services for the Project shall be those services currently in existence and owned or operated by Miami-Dade County, and/or the Miami-Dade Water and Sewer Department. Potable water service shall be provided by the City of North Miami Beach. Stormwater drainage service shall be provided by the City. The Project shall be serviced by those existing educational facilities owned or operated by the Miami-Dade Public Schools District, and shall be serviced by those existing parks and recreational facilities located in Aventura owned or operated by the United States Government, by the State of Florida, by Miami- Dade County, and by the City. The Project will also be serviced by any and all public facilities, as such are defined in Section 163.3221(12) of the Act, that are described in the City's Comprehensive Plan specifically including but not limited to those facilities described in the. Comprehensive Plan's Transportation, Infrastructure, and Capitallmprovements Elements. A copy of the Comprehensive Plan is available for public inspection in the offices of the City's Corrununity Development Department. UROWARD C.'OUNTY ..-.-.-.-. UAl)!i COIINTY IVES DAIRY RD. ~ w 8 c ;: MIAMI GARDENS DR. . '. . :. . :. ,. '. . ,. '. :. '. :. :. '. . . . . '. ,. ," , :" :" :" :" :" ~ .. :- 'l' ~ :" ~ :" :" :" :" ." . :" ." i- :. .. :. lor 201 TER. a: g c m III :z :::> ili ...J 0 /": 8 ~ '----..1 8 li.ventura Mall 192 ST. Lo./unann', Ftulrion ~ [,/turd '< gj ci ::; m :z ili 8 Mantic Ocean LEGEND e 3, . ...... Roadways CIty Boundary ZIP Code Boundary RaIlroad EXHIBIT #3 01-MRC-04 MODIFICATION TO AGREEMENT THIS MODIFICATION TO AGREEMENT ("Modification") is entered into the _ day of , 2004, by and between the CITY OF A VENTURA, Florida a municipal corporation, ("City") and MERCO GROUP AT AYENTURA LANDINGS I, INC., MERCO GROUP AT AYENTURA LANDINGS II, INC. AND MERCO GROUP AT A VENTURA LANDINGS III, INC. (collectively "Owner"). RECIT ALS: A. WHEREAS, the Owner owns the property, consisting of approximately 9.02 gross acres ofIand (the "Property"), the legal description of which is attached hereto as Exhibit A; B. WHEREAS, the Owner obtained development approvals relating to the Property, including an application to amend the City of Aventura Comprehensive Plan, an application for rezoning, an application for site plan approval, an application for various variances required to develop the Project, and an application to close a portion of NE 28th Court (the "Applications"), through the City's Community Development Department; C. WHEREAS, on September 2, 2003, the Owner and the City entered into a development agreement ("Agreement"), pursuant to the Florida Local Government Development Agreement Act Sections 163.3220-163.3243, Florida Statutes; D. WHEREAS, since the date of execution of the Agreement, the Owner has proceeded to prepare construction drawings for the development of the Property; E. WHEREAS Section 163.3237, Florida Statutes, provides that a development agreement may be amended by the mutual consent of the parties to the agreement; F. WHEREAS, the Owner and City agree that a modification to Exhibit B of the Agreement is necessary in order fulfill the Condominium building's technical structural requirements while maintaining the approved parking count. G. WHEREAS, accordingly, the Owner and City agree that a modification to the Agreement to pennit 19 stories in the Condominium Parcel would be appropriate. NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein, the Owner and City agree as follows: 1. Recitals. The recitals set forth above are incorporated herein and fonn an integral part of the Modification. EXHIBIT #4 01-MRC-04 2. The "Condominium Parcel" paragraph of Exhibit B to the Agreement is hereby modified as follows: FROM: Condominium Parcel. (North of Proposed NE 185111 Street and west ofNE 28111 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 18 stories or 186' - 6". TO: Condominium Parcel. (North of Proposed NE 185111 Street and west ofNE 28111 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 183' - 8". 3. The terms and conditions of the Agreement shall remain in full force and effect except as herein modified. SIGNATURE PAGES TO FOLLOW Signed, sealed, executed and acknowledged this _ day of .2004. WITNFSSES: MERCO GROUP AT AVENTURA LANDINGS I, INC By: Print Name: Print Name: Title: Print Name: WITNFSSES: MERCO GROUP AT AVENTURA LANDINGS II, INC By: Print Name: Print Name: Title: Print Name: WITNFSSES: MERCO GROUP AT AVENTURA LANDINGS III, INC By: Print Name: Print Name: Title: Print Name: CITY OF A VENTURA, FLORIDA Attest: By: By: Theresa Soroka, Oerk Eric Soroka, City Manager I Legal Descriplion I Tract "Af!: The North 310.86 feel at the follo'W"Q descnbed property: I A portiCf'l of the Southwest 1/4. of Fractional Section J. Township 52 SO<Ith. Rang. 42 East Iliami-Oad. County, florida. b.ng mal" poclicular1y d.scnbed as Iallo.s: I Elc9i.n gt the South"csl corner of the Northwest 1/4. of the Soutneost 1/~. of the SO<Ith...1 1/~. of .oid Fractional Section 3; thOllC. N89d.q59mn26secW, along th' South lin. of the North.."t 1/~. 01 the SO<Ith...t 1/4. 01 the South..,! 1/~, of 'aid Section 3, tor 80.21 feet; thence NOOdeg01m..,"Ssec( for 310.86 feel to <l point on Q curve (said point bears SOOdeq08min15secW trom the radiul point of .the ned descnbed circular ClJrve~ thence Southeasterly, a'ong 0 circular curve to the left (concci...e to the Northeast), having 0 radius of. 694.69 reet and CI central angle of OOdeg06min30sec for on orc (blance .of Ul feet to a pant of tong"'cy, th"'c. S89deg58mnlSs.cE, along 0 In. porale! .ith and 20.00 feel SOIlth of as m.asured at riqht ang'e to the North In. of the South 1/2. of the North.est 1/~ of the South..,st 1/~. of the .South...1 1/~. of 'aid Scctian J. far. ~J1.9{ feet thence SDOdegOOmin{5.ecW, along the Westerly Rig/lt-af-Way lin. of NL 28th C<lurt and ils Southerly prolongation as recOrded' in Offlciol RecO<'ds Saol< 6088, Page 160 of the Public Records of lIiami-Dade Counly. Florida, far 760.62 feet thence N89deg59mnZSsccW, along a rille paralld with and {.I9.91 feet SO<Jth of. as m..,sur.d at right angles 10 the Narth rille 01 the South...I. 1/4. of the SO<Ithw.st 1/4. of the South.est 1/~. of said Section 3. for ~.87 feet; thence NOOdeg46min52secW. along the East line of the SO<Jthwesl 1/~. of the Sauth.est 1/{. of S<Jid Section 3, for {{9.95 feet to the POINT Of' BEGINNING. lying and being n Miami-oode County, florida. . TRACT "B": I I I I I I Th. SO<Ith ~{9.91 f.e~ of th.. falla.ng desorib," prap.rty. A portiQfl of the. Southwest 1/4 of Fractional Section J, Township 52 South, Range 42 East Miami-Dade County, Florida, being mQfC particular1y d.scri>ed as fallows: Begin at the Southwesl comer .of the Horthwull/4 of the Southeast 1/{ a( ll1e Soull1west 1/4 of sold Fraclianci Scctian: 3; thenc. N89deg59mn2SsecW, along the South 11n. of the Narti1....t 1/{ af the South...t 1/{ .a( 1M Southwest 1/{. of soid Seclian 3. fa< 80.21 feet lIi",ee NDOdeg01min{SsecE lar J1Q.1l9 feet la a poiil an a alr<C (laid paint b..... SOOdC<J08miilISse<:W from the rod'us poinl of the nexl described circular """",j; thencc Southeaster1y; along a . dcculcr CUNe to the left (conc:a.... to the Nartheast), h<Mng .0. radius of 694.69 reel and a c",troI angle of OOdeg06minJOscc far an an: dinan!" of 1.31 . feet 10 . paint of 'Iangency, thence S89deg58minISsecE. a1ang olin. pG'OIIcI with and 20.00 feet SO<Jth of as mea...r," at righl angles to. the Narth Iin. of the South 1/2 of the Northwesl 1/{ of the SOIltheast 1/4 of -the South..,1 1/~ 01 sold Seclian :l, far {31.9{ leet thence SDOdegDOmin{Ssec'K, along the Weslerly Righi-of-Way lin. of II.E. 28th Court and lis Southerly pl'dangation as re_de<! n (Offidci R.ca<dl Soak 6088. Page 160 of the Public Records of Miami-Dode County. florida, far 760.62 feet: thence H89deg59min25secW, along a line parold with and 449.91 feet SO<Ith of. as measured at right angles 10 the North Ine of the Southwesl 1/{ of the SO<Jthwesl 1/~ of the SO<Ith.esll/~ 01 said Section J. far 3~.87 lee~ thence NOOdeg~6min52,e<:W, along the Easl rille of the SO<Ith..st 1/{ of the Southwest 1/~. of S<Jid Section J, far 449.9S feel 10 the paNT Of' BEGlNNlNC, lying and being in Mlami-Oode County, Florida. I I I I I I I I I EXHIBIT I~ . TRACT 'C": . I A portion of the East 1/2 of the Southwest 1/~ of the Southeast I/~ of the Southwest 1/4. of Fractional Section J. Township 52 South Ronql! 42 EosL Miami-Dode County, Florida. being more PortiOJlorly' described os foUaws: I Commenc, at th, Northwest corner 0' th, East 1/2 of the Soothwest 1/4. ,of the Southeast 1/4. of the Southwest 1/4 of said f'roctiond Section J: thence' run SB9de9S9mjn25sccE~ oIonq. the North -boundarJ-- 01---, th, East 1/2 0' the Soothwest 1/~ 0' the Southeostl/~ 0' the Southwest 1/ ~. 01 said . troctional S.ctiOll J. a distonc, 0' 90.17. feet to the pOll'll of .,~crsection with East Right-of-Way boundOJ' of Northeast 28th Court os desai::led in that certain Right-af-Way Deed to Dade County, tied on September 10. 1968. in Officiol Records Book 6086, P09c 160 of the Public Records of Miami-Oede County, Florida, beinq the POOH OF BEGINNING 0' th, parc~ of lond here"o~er to be de~criJed: th~c:e run SOOdeqOOmin45secW a1on9 the ~fore.sOld. desc::nbed ~lOe. Q distance of 361.28 feet" to the point of Intersection With (lIne thdt is 300.00 teet North at and "patane to the South boundary 01 the Eost 1/2 of the Southwest .1/4 0' the South..,st 1/4 of th, Southwest 1/4 of .oid tractional Section 3' th",ce Nn N~gdeg57min54.ecE along the lost deocri>ed line, ~ alStonce 0' 200.28 feet to 0 pain~ .oid point' being 4IDS. feet West of the Eost boundary of the Southwest 1/4 of the Southeost 1/4 of th, Southwest 1/4 of soid. tractional:l; thence Nn NOOdeqOOmi14SsecE along olin. that Is 200.28 ,..t Eost of ond poroI1<1 to the soid Eost boundory of Northeost 28th <;";rt, 0 distonce 0/ 361.18 feet to the paint of int.rnction with the North boundary 01 the Southwest 1/4 of the Southeost 1/4 01 the Southw..t 1/4 of said fractional Section J; thence. run H89deqS9min25secW along the IClst descnbed Ine, 0 distance of 200.26 feet to the POINT OF BEGINNING". I I I I I I I I RO A.ll TRACT: Thot portiot'l at a 70.00 teet" wide RiqM-of-Way 'Of' H.E. 28th Court os described in Official Reoords Book 6068. ot Pog.. 160 of the Public Reoords of Miami-Dade County. Florida. l)'\n9 South of the North line" of the Eaat 1/2. of the Southwest 1/.... of ~e Southeast 1/4-. of the Southwest 1/4. of Section .:5. Township 52.. South; Range 42 East, City af Avtntura. Miami-Dade County. F1Orido. I ; I ALSO KNOv.tl AS: A portion of the Eost 1/2. 01 the SOUth.....t 1/4. of the sOuth..st 1/4. of the Southwest 1/4 of Fractlonat Section 3. Township 52 South. Range 42. Eost, " t..tiami-~adc County. Rorida. being more partk::ulorly desc:ribed as follows: Commence at the Northwest comer af the East 1/2. of the Southwest lj4. of the Southeast 1/4. of the Southwest 1/4. of said Section J: thence 589dc;59min25secE. along the North Line of the East 1/2.. of the Southwest 1/.... of the Southeast 1/4. of the Southwest 1/4. of loid Section J. for a distance at 20.17 feet to its intersection with the West Right-at-Way line of Northeast 26th Court. as described in that certain Right-af-Way Dced to Miami-Oade County. fled on September 10th. 1968. in Official Records Book 6068. Page 160 of the P\Jblle Records of Miami-Dade County, Florida. laid point also beinq the POtNT OF" BEGINNING of the hereinafter described Pared of Land; thence eontinue SB9deg59min25secE. along the lost descnbed line, a distance of 70.00 feet to Its intersection with East Right-at-Way Woe of said Northecst 26th Court; thence SOOdegOlmin4SsecW. along sold East Right-at-way Une of Northeast 26th Court. tor ......9.95 feet; thence H89deq59min25secW for 70.00 -:. I I I . I feet to its intersection with said West Riqht-cf-woy Line of Northeost 28th Court; thence NOOde90~m;n4-5secE.. 010;'\9 soiei West Ai9ht-of-woy line of Northeast 26th Court. fOf "4-9,95 feet It) the POINT Of BEQNNINC. I I LESS: A portion ot the Eost 1/2. of the Southwest 1/4. of the Southeost 1/4. ot the Southwest 1/4 of F'ractiona Section 3. Towl'lship 52 South. Range 4Z East. Miami-Oode County. Florida, beinQ more pcrticulany desaibed QS folloW's: I Commence at the Northwest corner oJ the East 1/2. of the Southwest 1/4. ot the Southeast 1/4. of the Southwest 1/.1" of soid Section J: thence S89deg59min25secE. 010n9 the North Line of the. East 1/2. of the Southwut 1/4-. of ~he SOllthedst 1/4. of the Southwest 1/4. of said Section J. (0(' 0 distance of 90.17 feet to It, intersection with the East Riq!lt-of-Way Line of Northeast 28th Court, as described in that certain R{ght-of-Way Deed to -..Harni-Dode County, filed on September 10th, 1968. ." Offic:i~ RecordS Book 6088, Page 160 of the Public Records of Miami-Dede Co<.Inty, Florida; thence SOOdeq01min-45secW, along the last described line for 361.33. feet lo the POCNT OF BEGINNING af the hereinafter described Parcel of Land: th.enee SOOdeqOlmin4SsecW for 68.62 teet: thet1ce N89deq59min2Ss..,W for ~S.OO feet: thence NOOdeq01min45secl: .'0(' 88.60 'eet,: thence N89deq51min54aeeE for. J5.oo feet to the POINT Of' BEGINNING. . I I Containlng 28,395.07 Square Feet and/or 0.65 Acted m.ore or less. I I I I I I a I f ~ ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING EXHIBIT "B" TO AN APPROVED DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 2003 MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AND THE CITY OF AVENTURA REGARDING THE CONDOMINIUM PARCEL NORTH OF PROPOSED NE 185 STREET AND WEST OF NE 28 COURT FOR PROPERTY LOCATED ON NE 28 COURT AND NE 185 STREET, CITY OF AVENTURA, TO CHANGE THE PROPOSED MAXIMUM NUMBER OF STORIES OF THE CONDOMINIUM FROM 18 STORIES TO 19 STORIES AND TO CHANGE THE PROPOSED MAXIMUM HEIGHT OF THE CONDOMINIUM FROM 186'6" TO 183'8"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Merco Group at Aventura Landing I, II and III, Inc., through Application No. 01-MRC-04, has applied to revise Exhibit "B" to a Development Agreement dated September 2, 2003 made between the applicant and the City of Aventura by amending the proposed maximum number of stories for the "Condominium Parcel <north of Proposed NE 185 Street and west of NE 28 Court)" from 18 stories to 19 stories and by amending the proposed maximum height from 186'6" to 183'8"; WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application and has considered the testimony of all interested parties at the public hearings, and has determined that the amendment to development agreement requested by the applicant is appropriate; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Ordinance No. 2004- Page 2 Section 1. That the application to amend Exhibit "B" of the approved Development Agreement dated September 2, 2003 made between Merco Group at Aventura Landings I, II and III, Inc., and the City of Aventura by revising the proposed maximum number of stories from 18 stories to 19 stories and by revising the proposed maximum overall height from 186'6" to 183'8" is hereby granted, for property described in Exhibit "A" to this ordinance. Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any 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 3. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Ken Cohen Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Ken Cohen Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow Ordinance No. 2004- Page 3 PASSED on first reading this 7th day of September, 2004. PASSED AND ADOPTED on second reading this 5th day of October, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this _ day of ,2004. CITY CLERK I legal DescriPtion I :All I i Tritt -/t,-: The H<<th 310.66 feet., of the follO'Wing described property. J... por"Jeo of the SouUtWdt 1/4, of Fractional Section J. Township 52 South. R~, 42 East.. t.roomi-Oad, County, Aorida. being mor, particularly descri>ed 01 lalla..: I I B<qlo at Ul. SouUl"..1 e<<n<f of Ul. Northwest 1/4. of Ul. Sautn..11 1/4. althe Southw.st \/4, of ,oid FraeUllf1a1 Sectiao 3; 111"".0 N89d.qS9min26.ecW, al""g tho South lint of the North..lt 1/4. of th. South'oll 1/4. of th. Soull1nl\ 1/4. 01 soid S<<:ti"" 3. fo<80.21 foot 111""0 NoodogOlmin4SsecE fo< 310.86 f,ot 10 a poirlt on . OJ"" (said point boon SOOdeq08minIS.,.W from the radius poirlt of .Ulo nut described eirOJtar OJ""); then.o South..ll.ny. oI""g 0 c:irOJlar tIK'e 10 th, I.ll (cane.", to the North...t), homq . radOn 01. 694.69 feet and a central angle of OOdeg06mnJOsec for an arc cbtance .of 1.31 1,,1 to 0 point 01 longen.y. 1I1,".e S89d<9S8minl~ecE. along a lin, po<ahl with and 20.00 I,rt South 01 .. m......~ .t riqhl on91' to the North r... .1 th, South 1/1.. of th, Northwest 1/4 althe Sou\/ItGst 1/4, 01 the .South"cOt 1/4, 01 s.1d Secllon 3. lor' 431.94 leot: thence SOOdegOOmin4SoecW. al""9 the ...torIy Right-of-Way rll' .f N.E. 28t11 Court and ltt Southerly p<olllf19Gllon as recOrdR' ~ Offidal Records BooIc 1088. P"ge \60 of the P1Iblic: R_ of Iliomi Oade c-ty. Florida, for 760.62 I..t: lh_ N89de9S9minZS...... "an, . IN poraIld wlIlt and 4-41.91 feet South .f,.1 m......od .t right angl.. to the North line .., the South"est. 1/4, aI the South"est 1/4, of the Southwesl1/4. .f eaid Sel:llon 3, lor ~.87 f,et: thence HOO4<946min52secW. elon, \lie Easl rile of the South...1 1/4. .f the Southweal 1/4, 01 ..Id Sectlan 3, far 4-49.9S f,el to the POlNT (If BEGlNNlNC, I~, and being in lIiaml-oade. County. Aorida.. . TRACf "B": I I I I I I I I The South 4-49.91 f..~ of \he' Iall....ing descrl>ed properly: ^ portion 01 the South"esl 1/4 01 frocUonel S<<:ti"" 3. Township 52 South. Ron9' 42 Eost. lIilll11i-oade County, Aorida. being mor, parUculor1y descrl>R as fallows: aegin 01 the South"e.1 comet" of the Northwcsi 1/4 of the South...1 1/4 o( the Southwest 1/4 01 eaId frocllonal' Sec\lon: 3; thenc, 1169deq59min2,SO-. along thc South \Ine aI the _coSt 1/4 of the South"est 1/4 ilf the South...t 1/4, allOtd Sel:llon 3, far 80.1\ feet: llience ll00deqOlmin4SMcE ,... 3\Q.8!i feet to . paCit on . ...... (IGW paint~.. soo.teq08cnill5secW !rom the rocIils paint.f . the neot d......ed c:n:gar ........); lhcncc Southeas\orI)'; al""9 0 . _...... to the left (........ to the Harth_t). h<Mnt ... . """ .f 19406' feet and . ccnltol Olltle .f OOdcq06min30sec 'or on we 6stanc:e .f 1.31 .'eet to . paint of' tonqency. \hen.. sa'deqS8mlnl5sccE. 01""9 . line ,-cl wlIlt and 2Q.00 feci Soulh ., as m_ed .\ righl angl.. to. the' Harth line 0' the South 1/2 01 the Harth_1 1/4 a' the Southeast 1/4 of -the Soulhw..t 1/4 of ao1d Secllon 3. for 431;t4 leet: thence SOOdeqOOm1n45sec:'K. al~g the Westerly Rlqht-of-Way line .f N.t 28th Court and Ita Southerly ~on,.llon as nC<<dcd iI (Olli<:lal Recorda Baolt &0&8. P"ge 160 of the P\IbIic Recartll of lliamHlodc c-ly. florida. 'or 760.62 leet: thence N89deq59mlnZS'cc'll, don, . line porald with .nd 4-49.gl leet South of, as measurR 01 riqhl onqles to the NartIl line of the'South.esl 1/4 .f the South.esl1/4 of the Southweat \/~ 01 sold Sel:llon 3. far 346.87 leet: thence NOOd<946min52secW. elonq the Ea.t line of the South".st 1/4 of lIle South"est '/4. of lOid Section 3. lor '4-49.95 feel I. the paNT Of BEGlNI<<NG, l)ing and being.. lliaml-Qade Counly, florid.. I I I I I , . TRACT .C': I I A portion of the Eo.1 1/2 of the South...t 1/4 of the Soulhcost 1/4 of the Southwest 1/4 of fractional Section ~ 10.nshil ~1 South Ronqe 42 EosL Uiomi-Oodc Counly. Florida. bc~q more po"'JaJlorty' desaibed as follows: I I I I I Commence ot th, North.e.t comer of the Eost 1/2 of the South."t 1/4 of the South..,t 1/4 of the South."t 1/4 of .oi~ Froctional Section J: thenc.' "'" S89~e959m..25.ec& alon9 the North _<<1- 01-- ' the Eost 1/2 of the South...t 1/4 of the South..,t 1/4 of the South...t 1/4,01 s,oid . Fractional Sectialt 3, 0 dislanc, 01,90.17... 0- feet to the po,,! of l1!e"eclion with Eost R''9hI-of-Woy bCMIda1 of North,ost 28th Court 0$ d..ailed il thot cutoin Ri<;ht-of-Woy Oeed 10 Dade County. n.d on ScptCl11bcr 10, 1968," OffICial Records Book. 6088, Poqe 160 aT the PubUc Records or )l1OC11i-Oode County. florida. bein~ the POINT OF BEGINNING of the porccl of land hcre"oltcr to be desailed: thMce run SOOd<9<lOm..45,ecW a10l19 the ofonsoid de5~ed r.nc, a distance ot 361.28 feet' to the pohl of ..tcrscc\ion with 0 I... thol is JOO.OO r..t North of ond 'Weld to the South bQU~dory of the Eo.t 1/2 of the South...t 1/4 of the Southeast 1/4 of the Southwest 1/4 of Hid Froctionol SocIion 3' thcnce MI N89~C951m..54sccE a10n9 the lost descrl>cd Iin.. '0 dislonce of 2CfO.28 feet to a poin~ .aid point' bcin9 46~15. feci West of the Eut boundary 01 I/Ie Southwat 1/4 of the Southe..1 1/4 of the Southwat 1/4 .f sold. Froctional 3; lhcnce /VII NOOdetoOmin45sec:E "an9 0 lint that Is 200.28 "el Eat. if and poraIIol to the IGid East boundary of Northeast 28th CacKt, 0 6otan.. of 361.18 feet to the point or int....ection with the North boundary of the Soul/lwcsl 1/4 .f the Southe..t 1/4 of the Southwest 1/4 of s<lid Fractional Section 3: thence' run N89deq59min2SsecW oIon~ the lost described line, . d'lSt.ance .r 200.28 reel to 1M .. POlNT Of' BEGINNING.' . ' . -.' -.... I I I I ROAJl TRAct: thai portion .1 0 70.00 ruf wid. Rl9hl-of-Woy fOt' N.E. 28th Court os dncrt>e<l In Offici<ll Re<:O<'ds 800k 6068, at Poqe 160 of tile Public R.card. of lollami-Oa<le CaYnty. Flac1cla. l)V1g South 01 the No<th 11n.. 01 the Eact 1/2. 01 the Southwest 1/4. .f \he Southeost 1/4. .1 the Southwe.t 1/4, 01 Section 3, Townshill 52.South.. Range 42 E..t, City .f ..._tura. lollaml-o.de County, Flllr1da.' . ALSO K/l0Y0N AS: ,., porUon .f the E.st 1(2. .1 the Southwest 1/4, .1 the sGuth_t 1/4. of the Southwe.t 1/4 01 Fractional S.cllon 3, Township 52 South, R"!Ig. 42 t..l. . Ioliami-oode County, Florid.. being mar. pa<t1culorly dncrt>e<l.. loll....., Commenc:. at. the Horth"csl comer at the East liL of ~. Southwu\ '14., af the Southeact 1/4, .f th. Southwest 1/4, of .old S.ctlon 3: thcnce SS9deq59mIn25.ecE. along th. N_ Une .f the East 1/2. .r the Southw.s\ 1/", of the Southea.t 1/4. .1 the Southwest 1/4, of .old Section 3. lar · dlslanc. 01 10.11 le.l to III Inl.....clion wlth the' West Rl9h\-of-\'Iay Un. of N_.osl 2B.\h Court. a. d..crib.d In thot certain R1C/h\-01-\'Ioy O.e<l to loIiaml-ood. Counlr' Red on Seplcmb!'" 10th. '968, In OIfic\" R.cards Book 60M. P.g. 160. the Public R.card..1 loIiomi-oode Counly, florid.. sold p.inl a1s. b.ing the PClNT Of BEGINNING .1 the h....lnaft... d..crb.d Pared 01 Land: thence eon.lk'\CJ.c sasdcq59min2.5IecE. alone; the lcst descl"tu~d "neo a 4\s\Gt\ce of 10.00 le.1 10 III Int.....cll.., wlth Ea.1 R\9hI-of-WoyUne ., lold "'_'0'\ 28th Court; thence SOO<I.901min45s.c\'l, a1ang sold t.st Righ\-.'-..ay Une .1 N_easl 28th Court. far 449.95 le.t: thence N89dcq59mln25secYI lor 70.00 '0. I I I I " I teet to its inlcrsec:ti~ with said Wut Riqht-Cir-WO)' Gnt of Northeost 28th Court; thenC'C' NOOde90~rnin...5sc~e:. 010."'\9 soid West Ri9ht-of-woy Lint of Northeast 28th c.Ol,lrt, for 449:~5 feel ltJ the PCMNT Of' BEGlNNINC. . LESS: . A portion of the Eost 1/2. of thll: Southwest 1/4. of the Southeast 1/4, of the S<XIth'fl'cst 1/4 of f'ro<:tionCII Section J. To....nship 52 South. Ronqe 42 (ost. Miclmi-Oade County. floridQ. bCLnq mort particularly dcsaibcd oS fo(lowr. I Commence at the Northwc$l corner of the Ecst 1/2. of the SouU1wcst 1/4. o( the Southeast 1/4. of the Southwest 1/4, of, said Seclion 3; thence SB9de9S9min25sccE. along the North Line of the East 1/2. of the Southwest 1/4. of the Southeast 1/4, of the Southwest 1/4. of said Section J. (or 0 disloncc of go.17 teet to Its internction wftn the Eost fUght-of-Woy Une of Northeast 28th Court. os described in thot certar. Right-of-Way Deed ta 'Miami-Dade County, (iled on September 10th. 1968. in Official Records Book. 6068. Paq. 160 at th. Puolic Rocard. at loCiaml-oad. Counly, F1a<1da; thence SOOd.qOlmin45..eW. a1anq th. la.1 d..crib.d tin. tar 361.33. t..1 la th. POINT OF' BEGlNNlNC af th. h.rmalter d..cribed Parcd at Land: lh.cnc. SoodeqOlmIn45..cW tar 68.62 t..t thenc. N89deq~9mln25.ocW tar 35.00 t..t: th.nc. NOOdeqOlmIn45..cE far 68.60 teet thenc. N89deq51mIn54..cE far. 35.00 tcel la th. POINT OF' BEGlNNlNC. . . Canlalninq 28,395.07 Squ.... reel ...d/ar 0.65 Acr.. mar. ar I.... . I I I I I I I -. J I . , , 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. Affomeys, AroMects, Landscape Architects, Engineers, Lobbyisfs, Etc.) Jeffrev Bercow Attomev Melissa Tapanes L1ahues Attomev Ed L10rca Architect Georoe Mouriz/Gabriel Salazar Architect Mike Radell Attomev (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 CONSI TION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVID IN TH FFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 01 )~AY OF AUQust ,2004. Title: AUTHORIZED REPRESENTATIVE OF APPLICANT: By: (Signature) Name: (Print) Title: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared Homero Meruelo as t and/or the owner of the property subject to the application, who being first by me duly sw Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME thi;? 1 ~~y of AUQust, 2004. "''''~~!o>'' !>!'/f."l'ii;" ","J;.',., ~.~~~} "'~P.f;~~" LISA C. STEFANONI MY COMMISSION I DO 232758 EXPIRES July 20, 2007 BolldedThruNotaryPublicUndelWrtters 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 Ciient 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; e member of the City Commission or Board is a Customer of the Applicant or Representative and tra sacts more than $25,000.00 of the business of the Applicant or Representative in a given cal dar year. YHAND HIS2Lt:.DAYOF ~,2004. (Signature) (Print) (Print) S 3 0-\\ DAY OF Av~ \AS\- , 2004 (Signature) (Print) (Print) 'The terms "Business Relationship,' "Client,' "Customer," "Applicant," "Representative' and "Interested Person' are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION eing first by me duly sworn, did swear or affinn that STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared' he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO ANO SUBSCRIBED before me this.2l day Of~' 2004. .' Yanet Godoy !. l"lWft",.,_. #1 DDaII81s7 ~ llzplres Ian. 31, 2006 MmnIl'OIaI7 n 1-Boo..3so.st61 ----------------------- <'-- STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .20L 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200__ 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 wiil be presented. [ I 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 wiil be presented, as foilows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member [Ii. The nature of the Business Relationship is as foilows: [Iii. [Jiii. I I iv. [I v. [I vi. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; 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; 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; A City Commissioner or Board member is a Client of the Applicant or Representative; 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; 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. IS ~AY OF Auoust ,2004. (Signature) (Print) (Print) PROPERTY OWNER: WITNESS MY HAND THIS ,2004. By: Name: Title: DAY OF (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are deffned in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS ~Y OF Auoust ,2004. n Business Relationship Affidavit) By: (Signature) By: (Signature Name (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (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. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) SWORN TO ANO SUBSCRIBEO before me thi;?~Y of~, 2004. ,,""':"iJ!;.. USA C. STEFANONI f:~iJ;~ MY COMMISSION I DD 232758 'Iii' , I EXPIRES: July 20. 21107 ',~,o, ..;.t" BonOOdThruNotaryPublICUnd&rwr~ers II,,, , did swear or affirm that he/she executed Before me, the undersigned authority, personally appeared Jeffrev Bercow the Affiant, who this Affidavit for the purposes stated therein and that it is true and correct. ti~t~~e Lisa Stefanoni Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. 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 Reiationship 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 calenda~e:r. WITNESS MY HAND THIS~DAY OF Auqust ,2004. :~PLlCAiW Name: r/.< is a a anes L1ahues Title: Attomev (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF ,2004. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client: "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 9 O~Y OF Auqusl ,2004. REPRESEN;ATY/;fListed on Business Relationship Affidavit) By: n/n V (Signature) By: (Signature JI fI, '" Name: Melissa Taoanes L1ahues (Print) Name: (Print) Tille: Attornev (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (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 OFFLORIDA ) COUNTY OF MIAMI-DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared Melissa Taoanes L1ahues the Affiant, who :ljng fi 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 f SWORN TO AND SUBSCRIBED before me ~y of Auaust. 2004. ..~~i.:.y"t. LISA C. STEFANONI f.{ A MY COMMISSION # DO 232758 "'li' "if EXPIRES: July 20. 2007 '. ..P.i':.:., 8ond.rJThruNOI4/yPlbllcIJnderwrit.rs AF IANT ~~~ Lisa Stefanoni Printed Name of Notary My commission expires: STATE OF FLORIOA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant. who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me Ihis _ day of .200_. 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: D'II-Ci). ~ "'-, , .," ~ i ",It -ifu' ; Y ~" "to"- "" ~'(}7B 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: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member I I i. The nature of the Business Relationship is as follows: []ii. [Jiii, II iv, [] v, [I vi. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; 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; The Appiicant 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; A City Commissioner or Board member is a Client of the Applicant or Representative; 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; 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. AN THIS 31St DAY OF AUQust ,2004, (Signature) (Print) (Print) PROPERTY OWNER: WITNESS MY HAND THIS ,2004. By: Name: Title: DAY OF (Signature) (Print) (Print) "The ferms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code, WITNESS MY HAND THIS ~ DAY OF Auoust ,2004. on Business Relationship Affidavit) (Signature) By: (Signature Michael Radell (Print) Name: (Print) Title: Attornev (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (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. STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared Michael Radell the Affiant, w this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBS g)3j- .;:;t.~";..,. i~A'''Y~' ... '.~ :. .:. ~" .ki "'~iil.'j,.'to.. USA C. STEFANONI MY COMMISSION I DO 232758 EXPIRES: July 20, 2007 8ondedThnlNolaryPu~ieUfl(lerwl'ilefS STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. Iy sworn, did swear or affirm that he/she executed ~Large Usa Stefanoni Printed Name of Notary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT ,200_. Notary Public State of Florida At Large Ponted Name of Notary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA ) COUNTY OF MIAMI.DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT ,200_. 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 SWORN TO AND SUBSCRIBED betore me this _ day of AFFIANT ,200_. 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) [XI 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: [ 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; [] 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 regionai 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. a.\ -sl- . WITNESS MY HAND THIS ~ DAY OF Auaust ,2004. (Signature) (Print) (Print) DAY OF ,2004. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura Cay Code. ~ THIS ~ DAY OF Auqust ,2004. iness Relationship Affidavit) By: ignature) By: (Signature Name: (Print) Title: Architect (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: (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. . NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me, the undersigned authority, personally appeared Gabriel Salazar/Geo he/she executed this Affidavit for the purposes stated therein and that it is true and correct. J":':\. Mayda V Suarez . ~ . My Commiaslon 00233353 '\;~.,I Expires November 03,2007 t by me duly sworn, did swear or affirm that _ 4- SWORN TO AND SUBSCRIBED before me thiS ~ day of Auaust, 2004. STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, 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 he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200__ 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. [ ] 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 Ciient 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 Auoust ,2004. ::p~ Name: Ed Li a Tille: Architect (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF ,2004. PROPERTY OWNER: By: Name: Tille: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Appiicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS~AY OF Auqust ,2004. sted on Business Relationship Affidavit) By: (Signature) By: (Signature Name: Ed L10rca (Print) Name: (Print) Title: Architect (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (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. STATE OF FLORIDA ) COUNTY or MIAMI-DADE) NOTARIZATION PROVISION Before me, the undersigned authority, personally appeared Ed L10rca the Affiant, who being first by m Affidavit for the purposes stated therein and that it is true and correct. om, did swear or affirm that hefshe executed this SWORN TO AND SUBSCRIBED before me th~of Auoust, 2004. ; ~ Moydo V Suaru ! J . My COmmilslOn 00233353 '\~.1 ExpimNovember03,2007 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared hefshe executed this Affidavit for the purposes stated therein and that it is true and correct. 07 the Affiant, who being first by me duly sworn, did swear or affirm that SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT ,200_. Notal'j 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 affinn that SWORN TO AND SUBSCRIBED before me this _ day of STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT ,200_. 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 SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT ,200_. Notal'j Public Slate 01 Florida Af Large Printed Name of Notary My commission expires: 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 a.v. FERBEYRE, who on oath says that he or she is the SUP;:::HVISOR., :"8981 Notices of the Miami Daily Business Review flk/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 - MEETING 91712004 MERCO GROUP AT AVENTURA LANDINGS I, INC., ETC. in the XXXX Court, was published in said newspaper in the issues of 08/25/2004 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 thO advertis nt for publication in the said newspaper Sworn to and subscribed before me this 25n2~ (SEAL) ~'l\. Maria I. Mes& ~. My Commisston D02i385C Q.V. FERBEYRE perso n to me EKPintS March 04.. 2008 \\\,~.:,\,/I' 7__/.;~~,:'__'~ (:'~t1I~~\j " ;', .1C !)>'. . ~ ."---:: , ~ ,'A :,. . CITY OF AYENTURA PUBLIC NOTICE Notice Is hereby given Of the City of Aventura's Intent to coneider on first reading an amer1drn8nt to Exhibit 'B' of the Development Agreement dated September 2,2003 between MeI!CO Group at Aventu~ landings I, I(lc., Merco Group at Aventura Landitlgs II, Inc. and Marco Group at Aventura Landings III, Inc. and the City of Aventura on September 7, 2004 at 6:00 p.m. at the Ctty of Aventura Govemment Center. 19200 West Country Club Drive, Aventura. Florida" 33180. The location of the land sub}ect to the proposed' ~veIOj:pment agreement Is that certain parcel located at the northwest, southeast and southwest comers of the intersection of NE 28 Court and the current and future NE 185 Street in the City of Aventura. The legal description of the land is 88 follows: Tract A: A portion of the southwNt 14 of Fractlona' Section 3; Township 52 SotJth, Range 42 I East, Mlarnl-oade County, Florida Tract B: A portion of the = 14 of Fractional SectIon 3, Township 52 SotJth, Aanga 42 . Mlaml-Deda CoUnty Tract C: A portion of the east l!o 01 e southwest 14 of the s0uth- east 14 of the southwest 14 of Fractional SectIon 3, Township 52 . SOuth; Range 42 East. MIarnl-Dad8 County Road Tract: A portion of a 70.00 foOl wIda right 01 way for NE 28 CoUrt as deacribed In 0IIICIaI RecOrds Book 6068. Page 160 of the Public A_of MlamI-Dada County, Florida All lying at the 1_ of NE ~ CoUrt and NE 185 Street In the City of Aventura The Development Agreamenl which was appR>Ved by the City Commission on September 2, 2003 'l'lates to a propoeed _ project to be CClI1Strt'*<I undat the CIIy'a RMF4. zanlng district regulations. with 62 toWnhoma unIllI. 205 CCModoonilium units and 138 1oft-8lyle apartment unI1Il. for . toto! 01 _ ........... unIt8. The approved Developmant Ag___lha1the __ heighI 01 the Town,',orne _Is 3 _ or 3l! feel; the maxImum-lJeiQM 01 the ~~~"':~~~~".:or~~~ e_ the maximum 2.0 lIoor .... ,.,... _ In tile FlMF4 zanlng dlalrtct. The propoeed amendrnanttothe~ Del 'Icp.,...~~ will change the nuntler of _ In the CondomInIum _ (north of P,~ NE lB5_and_0I~E28Court)_18_to19 _ and will change the maximum heighI 01 the building an this pan;eI _ 186'6' to 183'8". In aft _18IpjICl8. the approved O,...1opmant Agreamenl wil remaln unchanged.. A J""llY 01 the propoeed ameolded Development Agreamenlls available ..... the Office 01 the CIIy Clert<, 19200 West Counby Club Drive. A-. Flonda. T_M.,Sonlka. CMC, CllyClelt< 8/25 04-4-14i482062M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and legal Holidays Miami, Miami-Dade County, Florida STATE OF FLOAIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERViSOR, Legal Notices of the Miami Daily Busirless Review flk/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 91712004 H & K DEVELOPMENT LLLP, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/23/2004 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 t 's adve . t for publication in the said m;,wspape Sworn to and subscribed before me this (SEAL) /."~ Maria' Mesa O.V. FERBEYRE personally k\~OJr/ItY Commission 002938155 _~ Expires March 04t 2008 'i1t (~'~~ 1f;: ~" .1- " .'-- ' _~ 1\\' .,~ , . . CITY OF VENTURA NOTICE OF PU LIC HEARING , Date and Time of Public Hearing: Tuesday, September 7,2004 6:00 p.m. Applicant NameINumber: H & K velopment LLLP (01-V AR-04 & 01-AR ) Applicant Aequeat: 1. 2. Location of Subject Property: 2 420 Biscayne Boulevard, Aventura a unimproved portion of NE 29 rtlying north of NE214 Terrace , Legal Description: f'An;gU: Po of Lot 1 in Block 3. Map of the Town of Hallandale. Dade County. Rorida. Plat Book a, Page 13 Of e Publig Records of Miami-Dade County, Florid fagUl: l.9 Park, Pial of Miami-Dad ~:A shown on the Page 37 01 County, Florid (complete leg description on file at Community Development partment) Plans are on file and may be exami during regular business hours af the City of Aventura Government nter. Community Development De- 'partment, 19200 West Country Cl Drive, Aventura. Florida. 33180. Plans may be modified at or before the Public Hearing. The app'ication may change during the he~ring p ss. The Public Hearing will be held at ty of Aventura Govemment Canter, 19200 West Country Club Drive, entura, Florida 33180. Your com- ments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/p rty on correspondence and mall same to City of Aventura Govemm Center, Communtty Dev~opment Department, Aventura, Florida,3318 . Forfurther infonnation, ptease call ~305) 466-8940. 'In accordance with the Americans ith Disabilities Act of 1990, all per- son~ who are disabied and who nee special accommodations to partici- pate in this proceeding because of th t disability should contact the Office: of'u,e City Clerk, 466-8901, not later han two business days prior to such proceedings. i Ifa person decides to appeal any d~sion made by the City Commission with respect. to any matter consk:lere at a meeting or hearing, that person wi" need a record of the proceeding and, for such purpose. may need to ensure that a verbatim record of the proceedings is made, which record' includes the testimony and eviden . upon which the appeal is to be based. 9 and 10, Block 24 of Hallandaie 12. Page 37 of the Public Aecords County, Rorida rtion of a reselVed strip of land as lat of Hallandale Park, Plat Book 12, Public Records of Miami-Dade'r 8123 I Ire..sa M, Soroka, CMC, City Clerk 04-3-19/481479M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and legal Holidays Miami, Miami-Dade County, Florida STATE OF FLOAIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices ot 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 91712004 MIAMI BEACH HEALTH CARE LTD., ETC. in the XXXX Court, was published in said newspaper in the issues of 08/23/2004 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 is advertis t for publication in the said n9\.\lSpe:P Sworn to and subscribed before me this 2/ni-~ (SEAL) ~1\ Maria I. Mesa av. FERBEYRE personalh.~jt~mi"ion DD2D3855 -'..~ '__04.,2008 CITY OF A ENTURA NOTICE OF PU LIC HEARING Dateand nme 01 Public He)lring: Tuesdey, September 7, 2004 6:00 p.m. Applicant N8melNumber: Miami Beach Health Care ltd. o/a Aventu HospitaJ & Medical Center (02-5V ) Applicant /IequesI: The . ap lieant, Miami Beach Health Care Ltd. 01 Aventura Hospital and Medical Center, Is requesting variance from Section. 31-191( )(9)(b) of the City Code to permit a wall sig on the north elevation of the hospi- tal bull ng measuring 185 square feet where 1 1 square feet is pennitted by Code -and to !mit a wall sign on the south build.. ing eI tion measuring 276 square feet where 96 square feet ispermined by: Code. l.OcatiOn 01 Sub)ecl Property: Legal DeacripUon: 3 according to the pial of Bisi:ayne. recorded in Plat Book 137 at west 12 of Lot2, Block 8. Map of . ale, acx:ohiing to the pial re- a at Page 13, both of the PubliQ. Aecords of . .Dade County. Fiorida. Ie.. the' nghts 01 way 10 NE 209 Slrest and NE 28 Avenue, City QfAventura Plans are on ffle and may be examin during regular business hours at' the City of Avenlura Govemmenl Ce er, Community Development De- partment, 19200 West Country Clu Drive, Aventura, Aorida, 33180.\ Plans may be modified at or before t e Public Hearing. The application may change during the hearing proce The Public Hearing will be held at C of Aveotura Government Center, 19200 West Country ClUb Drive, A ntura, Aorida 33180. Your com- ments may be made in person atttle h sring or fited in writing prior to the hearing date, Refer to applicanVp rty on correspondence and mail same to City of Aventura Govemment center, Community Development' Department, 19200 West Country CI Drive, Aventura, Florida, 33180_'; Forfurther information, please 0811 ~ ) ~8940. In accordance with the AmeriCans wi Disabilities Act of 1990. all per- .sons who are disabled and who need -at accommodations to partiei- 'pate in this proceeding because of that isability should contact the Office of the City Clerk, 466-8901, not later th two business days prior to such proceedings. lf~' person decides to appeal any deci .on made by the City Commission wiIh respect to any matter considered a a meeting or hearing, that person will need a record of the proceedings d, for such purpose, may need to \ ehsure that a verbatim record of the 1> ings is made, which record includes the testimony and evidence upon which the appeal is to be based. 8123 M. Soroka. CMC, City Clerk 04.3-2OI481480M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLOAIOA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, LGga~ tJoticu$ of thiS Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miamj.Oade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of I Date and Time of _ -..g: uesday. Soptamber 7. 2004 :OOp.m. . Applicant NamalNumber: ACClGP Investment LLC (Aventu Corporate Center) 03-VAA- The app leant, ACClGP Investment LLC, is requesti a variance from Section 31. 144(a)(4 d.l. 01 the City's Land Develop. ment ulations to allow a north street' sldeyard setback of 14.75 feet. where a mlnimu 15' setback is required by Code; a variance from Section 31.171 (8)(6)a. of the City's d Development Regulations to al- low a. m nlmum 7.5' wide and a minimum 15.8' Ion size of par1dng spaceJn the exist- ing two- tory parking. structures, where a mlnlmu size of 9' wide by 18' kmg par1<ing space is required by Code; a variance from Section 1-171(a)(6)<1. of th" Clty!s Land Develop nt Regulations to allow a minic n:turT'\ 22 wide drive aisle between the two existJng office buHdlngs. a minimum 20' Wide e lexit drive aisle to the existing north rklng _ from NE .209 Street and a inimum 23' wide entry/exit drive aisle to existing south parking garage from N 207 Street. where a minimum 24' w;de. d ' aisle Is required by' Cod~; an~ a . from Section 31-144(e)(4)c.l. of 'the C. s Land Devetopment Regulations to a1k>w parking structure that is not incor- porated Into the building envelope for the two exi ting two-story parking. ~ures. where COOe requires that 01fY struc. tured rking sarvlng the pri~ usa on the aile hall be Incorporated into the build- ing,," LocalIon 01 Su~.l'~: ", ' .~~:;.~", A~ CITY OF AVENTURA. PUBLIC HEARING. 9n12004 Applicant Aequest: RE: ACC/GP INVESTMENT LLC 03.VAR-04 in the XXXX Court, was published in said newspaper in the issues of 08/25/2004 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 vertis or publication in the said newspaper" .,1 ~ Sworn to and subscribed before me this 2004 (SEAL) .r." ~ Maria I Meso Q.V. FERBEYRE personally kn~ tg MJlCommlsstoIl D029385~ ~Or;,f' Expires March 04, 2006 Legal Deacdpllon: A portion of Tract 'A' of Aventura Corpo ata Center. acoordIng to .the Plat theraof re- corded In Plat Book 158, Page 47, in the Public Records of Miami-Dade Co ty, Rorida, less the rights of way for NE Streat and NE 28 Avenue, City of Ava ura (complate legal description on file al Ci of Avantura Government Ceritar) , Plans are on file and may be examined during regular business hou at the City of Aventura Government Center, Community Develop ent Department, 19200 West Country Club Drive, Aventura, Florida, 33 80. 'Plans may be modified at or before the Public Hearing. The appl' ion may change during the hearing process. The Public Hearing will be held at City of Aventura Government Ce 19200 West Country Club .Drive. Aventura. Florida 33180. our comments may be made in person at the hearing or flied in writing pri r to the hearing date. Refer to applicant/property on correspondence and ail same to City of Aventura Government Center. Community Develop ent Department, 19200 West Country Club Drive, Aventura, Florida, 33 80. For further information, please call (305) 466-8940. In accordance with the Amartcans w~h Disabil~ies Act of 1990 all Persons who are disabled and who need special accommodation to participate in this proceeding because of that disability should 00 the Offlce of the City CIeI1<, 466-8901, not later than two busineS$ days rior to such proceedings. If a person decides to appeal any decision made by the City Commi ion with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, ay need to ensure that a verbatim record of the proceedings is made, ich ~rd includes the testimony and evidence upon whtch the appeal s to be basad. a/25 Teresa M. Soroka, CMC. City Clerk 04-3.061481 7M (!the :tfiiami Heral~ __ Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARlA ANGEL Who on oath that 8he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Saturday, August 28th, 2004. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Ftorida, and that the said newspaper has heretofore been continuously published in said Dade, County, Ftorida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the f'lI'St publication of the attached copy of advertisement. i--f -; ~ ~ ~ ANGEL Sworn to and subscribed before me day of t2t~cb.1... A.D. 2004 ~T-,"-__/~ / This ;;C:~- d~,<---~ Lisa Ann Hernandez \\\'''''I/. T :_-Ann !~~y Pu."~,\ JJ.11f4 Hernandez :.. ~lC<rnml......" DO 000617 ~...", - IlIpms Fob. 11,200' ....,;-.VF Boa4ed !hnl 'tltt A11antIe Boodior OJ.. lac. 900 West 49th Street, Suite 500, Hialeah, fL 33012 )I(N1GHTRIDDER) CITY OF AVENTURA NOTICE OF AMENDMENTS TO THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, September 7, 2004 at 6:00 p.m. to consider on' first reading, adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (FlMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-143(9) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT. (RMF3B)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY DELETING THE REQUIREMENT OF MEDITERRANEAN DESIGN FEATURES AND BY DELETING THE PROVISION FOR CONDITIONAL USE . APPROVAL OF ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN I. FOR PROPERTIES IN THE RMF3A AND RMF3B ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. . The above described Public Hearing will be held 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, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing 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 proceeding and, for such purpose, 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. Teresa M. Soroka, CMC, .City Clerk ~ht :ffllami Htrat~ __ Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARlA ANGEL Who on oath that she is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Thursday, August 26th, 2004. Aff'lllDt further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the f"lrst publication of the attached copy of advertisement. , n f... r C"r"' ~ ANGEL ~ t) Sworn to and subscribed before me !)('h~ I day of A.D. 2004 This ! /4A A. ~__/~o Lisa Ann Hernandez \\UII'I T :_-Ann H d ~....\~~y p,jl,~ J..A.L.M ernan ez =~ \.~-nn'DD000617 ~0.' ilJ BxpIroo Pob. 11,2005 ~.{~~... Bmded ThnI "/~~'li AtJmtfc Bmdinr Co., lne. YOO West 49th Street, Suite 500, Hialeah, FL 33012 >KNIGHTRIDDER) 12A I, THURSDAY, AuduST26. 2004 - ::: wo ';.." CITYOFAVENTURA... '.. . NonCE OF AMENOMENTS TO T"<~~' DEVELOPMi:NTREGULAtlo,- . PubUc Notice is hereby given that the Aventura' City CommisSion wi"".~"naPUblicf1earil1g on Tuesday, September 7, 2004 at 6:00 p.m. to consider on first reading, adOPtiOn. of the folloWing Ordinance: . . '.'. ) '. . AN. ORDINANCE OF. THECITV OF AW:NTURA, FLO.~tO<~HD' SECTION 31-143(e) "MULTIFAMILY MEOfUMDENSfI'Y 'RiSIDEN11AL DISTRICTS (RMF3A)" 'OFTHE CITY'S lAND, D&\lEL()pME~ REGULATIONS' AND TO AMEND SECTION 31-143(9),~.r.tut.TIF",LY "'-'MEDIUM DENSITY RESIDENTIAL Dr$TRICT(RMF3B)~,c.~EqttY'S ..... lAND DE\lELOPMENTREGULAnONS 'BY~,..,.~, QEQUlREMENT OF '.MEDITERRANEAN.DESIGN .F~'ruRl$~fi. .. DELETING. rtiE fflOVlSIONFOR. CONDJtJQNAL USE~'AhCf ARCHITECTURAl STYLEs OTHER THAN MEDrTE~OES"", 'FOR. PROPERTIES IN,' THERMF3A .AND RMF38 ZONJNOOISTRICTS; , PROVIDING FOR SevERABlUTYj . PROVIDING FOR INCLUSION IN THE CODEj PROvtOlNG FOR AN 'EFFECTIVE DATE. . The above described Public Hearing wiHbeheld at City of Aventura GOVemment.Ctmter, 19200West Q>unby ClubOriV$, ii-ill, FioJIda. 331l!11.. '!be IlIUIX>SO<t ORllnlll1C$ ,1Il$y ~.~ by lIlo. .ptitJ!ic at the. Office of the City Clerk, . 19200'West Country Club Drive, Aventura, FlOrida... .In~rested' parlles I'lla~appearat the~uPlic Hearing and be. heard with~pecnojheproposed Ordi~f'08. ' '. . , I' " ~ I~~nce \olIflll>Oi\n1eiical1$, WlII1~Act ofll19O'llIflOrOQ1iswllo ~~linIl""l' need 'i""'iaf ~ to PlIrti<:ipate In Iffi(l~ ~ot fhilI,disatillity $/IouId' contiict theOffJCe ofthe'City Clerf<, (305) 466-8901, not later than two'busin$ss days p~to ,such, PtoceedinQ$. . , , . . .' ,., . It.~n d<ocides '" --~ decloion rnsde by lIlo City CQrm"~,<'I"tIl~,,, Ilriy /IllIl!8r. considered at, a Il1e$ting or hearing, that person wfllneed a:(lJCOrdof tHepl'OCee(Jing and,forsuch pul'pO$e, may need to ensure that a verbatim record of the Proceeding is made, which record inClu~esthet8stimonyand evidence upon which the al>peallsto be based. Teresa M. Soroka,CMC. City Clerk r :-i~_';;ii ' -;'-"<:.<"f':, 1;:";1'; ~~';,'.. ;Y~i ::',-:':: -,:i~~:'::"{~}3;:C;' "-:}':")~':.~~_':~1,..~:;~_ . . 0: $'>':::11';;: -",..-:f ~:: - ~;~,';';':;~~;')',!h~-,.' ;!:', >- '/' , .~ . ,'-f' .' .......;,.