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10-05-2004 City Commission Jeffrey M. Perlow, Mayor A~e City of ~ventura .~ ~ '~..,,,, ,,' City Mvu#f3 Eric M. Soroka Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg City aerk Teresa M. Soroka, CMC City Attomev Weiss Serota Helfman Pastoriza Guedes Boniske & Cole AGENDA OCTOBER 5, 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 fullowing items on the Connrussioo's agenda are quasi-judicial in nature. If you wish to object or conunent upon any of these ltems, please infonn the Mayor when he requests publie comments. An opportunity fur persoos to speak 00 eaeb ~ will be made available afler 1he appli_ aud staffhave made lheir presentalions on eaeb~. All testimony, including public testimony aud evidence, will be made under oath or affinnation. Addttionally, 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 tbe public may request the Commission to __ questions of staff or witnesses on their behalf Persons representing organizaIions must present evidence of their authority to speak for the organization. Further details of the quasi..judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH RESOLUTION NO. 2003-64 PASSED SEPTEMBER 2, 2003; TO MODIFY SECTION 1. TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF SEVEN FEET SIX INCHES FOR THE FIRST FLOOR OF ALL TOWNHOME LOTS AND TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF TWO FEET TEN INCHES FOR SECOND STORY PATIO AND FOUR FEET FOUR INCHES FOR SECOND STORY BAY WINDOW ON TOWNHOME LOTS 20, 21, 25, 30,31,45,50,53,54 AND 57, WHERE A MINIMUM STREET SIDE YARD SETBACK OF SEVEN FEET SIX INCHES WAS ALLOWED BY RESOLUTION NO. 2003-64; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 4. ELECTION OF VICE MAYOR 5. AGENDA: Request for Deletions/Emergency Additions ~ 5, 2004 Owmriaim MediDg 6. SPECIAL PRESENTATIONS: Certificate of Appreciation to Fairmont Turnberry Resort for assistance provided during Hurricane Frances 7. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: September 7, 2004 Commission Meeting September 9, 2004 I st Budget Public Meeting September 21,2004 2nd Budget Public Meeting September 23,2004 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-046 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 207TH STREET RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF EASEMENT FROM DONALD SOFFER. AS TRUSTEE UNDER LAND TRUST AGREEMENT NO. SR-l TO THE CITY OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN A PORTION OF THE STORM SEWER SYSTEM PERTAINING TO THE YACHT CLUB WAY DRAINAGE IMPROVEMENTS PROJECT: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. 8. ORDINANCES: FIRST READINGIPUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", AT ARTICLE IV "FINANCE", BY AMENDING SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING PENDING CHARGES OR LIENS; PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 2 0ctdJcr S, 2004 o-m...... Medias 9. PUBLIC HEARING: ORDINANCES: SECOND READING: 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 AVENTURA 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 AVENTURA, TO CHANGE THE PROPOSED MAXIMUM NUMBER OF STORIES OF THE CONDOMINIUM FROM 18 STORIES TO 19 STORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS - PUBLIC HEARING: None 11. CITY COMMISSION ACTING IN ITS CAPACITY AS AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS A. APPROVAL OF MINUTES: June 25, 2004 B. MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL STATEMENTS FOR A VENTURA CHARTER ELEMENTARY SCHOOL FlY 2003-04 12. OTHER BUSINESS: None. 13. PUBLIC COMMENTS 14. REPORTS 15. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP OCTOBER 21, 2004 10 A.M. COMMISSION MEETING NOVEMBER 9, 2004 6 P.M. COMMISSION WORKSHOP NOVEMBER 18, 2004 10 A.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. 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: City commiSSion~ Eric M. Soroka, IC City Manager TO: BY: Joanne Carr, AIC Planning Director DATE: September 20, 2004 SUBJECT: Request of Merco Group at Aventura Landings I, II and III, Inc. for (1) Revision to the Approvals granted through Resolution No, 2003-64 for property located on NE 28 Court at NE 185 Street, Aventura (03-VAR-03 Revision) October 5, 2004 City Commission Meeting Agenda Item j RECOMMENDATION It is recommended that the City Commission approve the request for modification to the variance approvals granted through Resolution No. 2003-64, upon the following conditions: i) That plans shall substantially comply with those submitted as listed in Exhibit "A". ii) That all other conditions of Resolution No. 2003-64 not modified or deleted by this Resolution shall remain in full force and effect. THE REQUEST The applicant, Merco Group at Aventura Landings I, II and III, Inc., is requesting modification to Section 1. of Resolution No. 2003-64 passed on September 2, 2003 to allow a minimum street side yard setback of two feet ten inches for second story patio and a minimum street side yard setback of four feet four inches for second story bay window on Lots 20, 21, 25, 30, 31, 45, 50, 53, 54 and 57 in the townhome parcel, where a minimum street side yard setback of 7.5' is allowed by Resolution No. 2003-64. The minimum street side yard setback of 7.5' will be maintained on the first floor of the units. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTIES: Merco Group at Aventura Landings I, II and III, Inc. NAME OF APPLICANT Merco Group at Aventura Landings I, II and III, Inc. LOCATION OF PROPERTY NE 28 Court at NE 185 Street (See Exhibit #2 for Location Map) SIZE OF PROPERTIES Approximately 9.00 acres HISTORY This site was granted the following approvals on September 2, 2003: 1. Comprehensive plan amendment to change the future land use from business and office to medium high density residential; 2. Rezoning to change to zoning category from B2, Community Business, to RMF4, Multifamily High Density Residential District; 3. Variances for front, street side yard and rear setbacks, reduced lot size and location of parking spaces in the townhome parcel; for side yard setback for the loft condominium parcel; and for shadow on adjacent property and driveway separations for the condominium parcel; and 4. Abandonment of the public right of way of NE 28 Court lying south of NE 185 Street. As part of those approvals, the applicant entered into a Development Agreement with the City providing, among other items, for the construction of the extension of Miami Gardens Drive through this site, The applicant also signed a Declaration of Restrictions in Lieu of Unity of Title to restrict development to the approved plans, to restrict density to 45 dwelling units per acre, to acknowledge maximum heights and further to acknowledge that no garages may be converted in habitable space. MODIFICATION TO VARIANCE APPROVAL The applicant has revised its site plan since the September 2, 2003 approvals. The revision to the site plan requires approval by the City Commission for modification to the variance approval previously granted for the town home parcel. Resolution No. 2003-64 granted a minimum street side yard setback of seven feet six inches for the town homes. The proposed revision is to add second floor patio 2 extensions and/or bay windows on corner units. These units occur on Lots 1, 10, 20, 21, 25, 30, 31, 35, 36, 44, 45, 50, 53, 54, 57 and 62. The proposed architectural enhancements encroach into the minimum street side yard of seven feet six inches on ten of the sixteen corner lots, as follows: Lot 20 Lot 21 Lot 25 Lot 30 Lot 31 Lot 45 Lot 50 Lot 53 Lot 54 Lot 57 5'2" to bay window 5'2" to bay window 5'4" to bay window, 4'2" to patio extension 5'2" to bay window 5'2" to bay window 7'4" to patio extension 5' 5 Y, .. to bay window, 4'3" to patio extension 4'4" to bay window, 2'10" to patio extension 4'7" to bay window 4'4" to bay window The seven foot six inch setback is maintained on the first floor. The number of units, layout, footprint, height, number of parking spaces and location of amenities in the townhome parcel remains the same as approved by the City Commission in September of 2003. ANALYSIS Resolution No. 2003-64 granted a minimum street side yard setback of seven feet six inches for the townhome parcel, where a twenty foot street side yard is required by Code. This setback reduction recognized the compact urban design of this development. The proposed site plan revision maintains this minimum setback on the first floor, however, proposed second story patio extensions and bay windows encroach into the setback on the following lots: Lot 20 Lot 21 Lot 25 Lot 30 Lot 31 Lot 45 Lot 50 Lot 53 Lot 54 Lot 57 5'2" to bay window 5'2" to bay window 5'4" to bay window, 4'2" to patio extension 5'2" to bay window 5'2" to bay window 7'4" to patio extension 5' 5 Y, .. to bay window, 4'3" to patio extension 4'4" to bay window, 2'10" to patio extension 4'7" to bay window 4'4" to bay window The City's Land Development Regulations provide that setbacks be unoccupied and unobstructed from the ground upward. The minimum setback for the second story bay window occurs on Lot 53, at 4'4" from the access driveway. The minimum setback for the second story patio also occurs on Lot 53, at 2'10" from the access driveway. 3 These patio extensions and bay windows will enhance the architecture of the town homes. The bottom of the windows and patios will be located eight feet six inches from ground level. Their location will not pose a hazard to pedestrians or vehicles. SITE PLAN REVISION INFORMATION The following is provided for Commission's information. The revised site plan also contains modification to the north condominium parcel and to the loft condominium parcel. These proposed revisions do not require Commission action for modification to the variance approvals. They may be approved as an administrative site plan revision. I. Revision to the 205 unit North Condominium Parcel The number of units, footprint and setbacks of this building remain the same as approved in September of 2003. The number of stories has increased from 18 to 19 to accommodate an additional level of parking necessitated by structural requirements that eliminated the majority of parking spaces on the lower level. The overall height of the building, however, remains the same. This was accomplished by slightly reducing each floor height. The floor area of the building has increased from 293,881 square feet to 318,567 square feet. The resulting increase in floor area ratio is within allowable floor area ratio for this project. The applicant's architect has explained that the original design required modification to provide current code elevator to stair exiting distance, which increased the core areas. As the core areas got longer, the units stretched along with the cores. Many units required redesign to accommodate the changes in structural, safety and life support systems. Although the overall floor area has increased, room sizes (saleable area) remains generally the same. There is a new mix of units, reducing the number of one bedroom units and increasing the number of two bedroom units, resulting in an increased parking space requirement from 416 spaces to 427 spaces. The required number of parking spaces is provided. At its meeting of September 7, 2004, City Commission passed on first reading, an ordinance amending the Development Agreement to acknowledge the change in the number of stories in the north condominium parcel from 18 to 19 stories. Second reading of this ordinance is scheduled for the October 5, 2004 City Commission meeting, at which time the proposed variance modification will be heard. The same change is required to Paragraph 16. of the Declaration of Restrictions. A further change is required to Paragraph 2. of the Declaration of Restrictions to acknowledge that development will occur in accordance with the revised site plans. If the amendment to the Development Agreement and requested modification of variances are approved, the Declaration must be modified to be consistent with the approvals, through an administrative action by the City Manager. II. Revision to the 138 unit Loft Condominium Parcel The number of units, footprint, setbacks, number of stories and overall height of this building remain the same as approved by the City Commission in September of 2003. The floor area of the building has increased from 199,331 square feet to 213,967 4 square feet. The resulting increase in floor area ratio is within allowable floor area ratio for this project. The applicant's architect has explained that the original design required modification to meet structural and mechanical requirements. Exit stair locations were changed. Sleep spaces on the upper loft levels were increased to provide larger bathroom and closet areas. On the streetfront units, a vestibule was added to provide direct access from the parking garage to the unit. Although the overall floor area has increased, room sizes and saleable area remain generally the same. There is a new mix of units to include 21 one bedroom units, 77 two bedroom units and 40 three bedroom units, which results in a decrease in parking space requirement from 290 spaces to 280 spaces. 288 spaces are provided. 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 The applicant is requesting approval of those submitted revision to the plans submitted in September of 2003 Permits shall be obtained within 12 A building permit was obtained on months from the date of the resolution, September 2, 2004 namely on or before September 2, 2004 The approval is effective upon approval Comprehensive Plan Amendment, by the City Commission of a rezoning and abandonment of right of Comprehensive Plan Amendment, way were approved on September 2, rezoning and abandonment of a portion 2003 of the NE 28 Court riaht of wav 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 5 EXHIBIT "A" LIST OF APPROVED PLANS TERZETTO CONDOMINIUM, TOWNHOMES AND LOFT Application 03-VAR-03 Revision October 5, 2004 . "Terzetto Condominiums", Site and Building Area Calculations, Sheet A-1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved Site Plan, Sheet A-2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. . "Terzetto Condominiums., Proposed Site Plan, Sheet A-3, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums., Approved Floor Plans, Sheet A-3.1, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-4, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums., Proposed Apartment Building Floor Plans, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums., Proposed Apartment Building Floor Plans, Sheet A-7, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Condominiums., Approved and Proposed Building Elevations, Sheet A- 8, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Condominiums., Approved and Proposed Building Elevations, Sheet A- 10, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums., Approved and Proposed Shadow Study, Sheet A-11, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Apartment Building Floor Plans, Sheet A-12, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums., Approved and Proposed Apartment Building Floor Plans, Sheet A-13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. 6 . "Terzetto Villas", Site Data Calculation, prepared by Mouriz Salazar, Architects & Planners, Sheet A-1, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Approved Site Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-2, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Proposed Site Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-3, dated 8/02, last revised 04/19/04, signed and sealed 9/17/04. . "Terzetto Villas", Townhouse Lot - Layout Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-4, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Townhome Buildings - Approved and Proposed, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 6/02, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Villas", Townhouse Flood Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 6/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Site and Building Area Calculations, Sheet A-1, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved Site Plan, Sheet A-2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Site Plan, Sheet A-3, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Lofts III", Approved Loft Building Floor Plans, Sheet A-4, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-7, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-8, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-9, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. 7 . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-10, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-11, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04, . "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-12, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-14, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-15, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. 8 ~ BERCaW &. RADELL RECEIVED ZONING, LAND use: AND LiNVIRONMENT....L LAW Direct: 305-377-6227 E-Mail: mlapane$@blZCl1lnglaw.com AIJG 0 6 200~ COMMUNITY DEvHOPMENT VIA HAND DELIVERY July 30, ~004 EXHIBIT #1 03-VAR-03 REV Ms. Joanne Carr, Director Community Development Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 RE: Aventura Landings Public Hearing Application Dear Ms. Carr: This law firm represents MERCO Group at A ventura Landings, I, II, III, 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 Ueu 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~ F1NANCtAL CENTER. 200 SOUTH BISCAYNe BOULEVARD, SUrrE 8l5O . MIAMI. FL.OAIDA 33131 PHONE. 305.374.6300. FAX. S05.3T7.8222 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. BERcaw &. RADELL EONINe. LAND U.. _0 ....,._....N'1"A&.. l.AW 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 City 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, /~7JFf Melissa Tapanes Uahues, Esq. cc: Mr, Homero Meruelo Mr. Jesus Velez George Moriz, AlA Jeffery Bercow, Esq. BERCOW &. RADELL 20NIH., LAND v.. AND .MVI_....NTAI.. ..- a Legal Description EXHIBIT I~ I i Trlct "A": The North 310.86 feet, of !.he followinqdc$cnbcd property: " por'Jcn of the Southwest 1/4. of Fractional St:ction J. Township 52 So\Jth. Range. 42 Ecst.. Miami-Docie County. Florida. bci'1q more pOfticu(oriy descrbed as tollows: I I I Beqin at the South",cst corner of the Northwest 1/4. of the Soutncosl 1/4. of th, Southw,st 1/4, of .old Froctionol Section 3; thenc, N69deq59mi'l26.ecW. oIon9 lhe South line of the North...l 1/4, of the Southwesl 1/4. of the South...t 1/4. of .old Section 3, lor 80.21 feet; thence NOOdeqOlmin45secE to( 310.86 feet to a point on i:I OJrvt: (said point bco.n SOOdtqO&nin15sccW from the radius point of .the ncd described ciraJtar curve): thence Southeasluly, o(cnq Cl cirOJlor curve to the len (c:oncove to the Northeast), hoW\g 0 roc:flUs of. 694.69 feet and a ccniral angle of OOdeg06minJOsec lor an an: cfislance .of 1.31 feet lo 0 poi'lt of l""9cncY. thence 569d'956mi'lISsecE. oIon9 0 Ii'.. parole! with ond 20.00 feet South of 0. m......~ at ri9ht otIg.' lo the North rrle of the South 1/2. of the Northwest 1/4 of the Soc.Ith..st 1/4. of the .Southwerll/4, of sold SectIon 3. for' 431,94 feet theme SOOdc9OOmin45sc<:W. 01""'1 the Weslerly Ri9ht-of-W.y rne of H.E. 26th Court ond Its Southerly proI""90tion as rceo<dc<l'in Offlciol Rcc<<do Book 6068, P0ge 1&0 of lIIe Public Record. of lIic1mi-OGd. c-ty. F1orido. for 7&0,62 feet IIIcncc N6~59m"2SoccII'. 010119 a line porol1cl with and 449.91 fe.t South of, os m......c<I al ri9ht OIIgles to the North rrle of the Southwest. 1/4, of the Southwest 1/4, of the Southwest 1/4. of .aid Section ~, for 346,87 feet thence NOOcIeg46min52se.W. oIong the Eost rrle of the Southwest 1/4. of the Southwest 1/4, of ",Id Se<:tion 3. for 449.95 feet lo the POINT Of" BEGINNING. 1)in9 and beinq i'l lIiaml-Oode County. Florida. j I I I I TRACT "S": I The South 449.91 fee~ of th,' follow.ing dCSO'ibtd property. ^ portion of the Southwesl 1/4 of Froctionol Section ~. Township 52 South, R0IIge 42 Eos~ lIiomi-Oode County, Florido, bein9 mor, porticutor1y descriled o. folIows: 6e9i'l at the Southw..t conw' of the Northw..t 1/4 of the South...l 1/4 of the Southwest 1/4 of sold Fractiond Sectlon: 3; Ihcnce N69d~59ma7,S$ceW. oIon9 the South rWle af the NCll1t1cail 1/4 of the Southwcst 1/4 -or'!he Southwest 1/4, of soid Section ~. far ,60.2\ feet U;ence NOOd<901min45sec:E for 3\0.~ feci to a point on 0 ...... (soid point b...... SOOd~inlSsccW from the rad'NI point of . the nut dcscriled circulor ......); then.,., Southcostcrly; 01""'1 0 . clcculor...... to the lel\ (conca.. to the North_I). hoWI9 ... . radius af 694.69 lcet ond a central ong.e af OOd<906minJOsec lor on on: chton~ of 1.31 ,Ieet to a point .f .totlgency. thence Sll9d~5&ninISsccE. oIong a rWle pa'GIIe! W11/1 ond 20.00 lcet South of os m..""rc<l ot righl 0091" to. the North line of the South 1/2 of the Northwest 1/4 of the S...theo.t 1/4 of -the Southwest 1/4 of sold Section 3, 10<' 4J1.94 leet thonce SOOdt9OOmin4SsecW. oIong the Wcstctiy Right-of-Woy rrle of 11.(, 28th Court ond Its Southctiy \H'oiongaUon 01 recordc<l i'l (Officiol Record' Book 6086. P0ge 160 01 the Public Reconl. of lIiami-llo<k Counly. Florid.. for 760,62 feet thence N89deg59mi'l25secW. dong 0 line parole! with and 449.91 feet South of. 0. m..sured ot ri9ht onqles to tho North lae of the Southwest 1/4 of the Southwest 1/4 01 the South.estl/4 of sold Section J, lor 346.87 fcet: thence NOOd'946min52sccW, don<) the East rrle of the Southwest 1/4 of the Southwest 1/4. of sold Section 3. lor 449.95 feet to th, POINT Of" BEGlNHNG, 1)in9 ond being in I.lIornHlode County, Rorido. I I I I , I I I tRACi "C..: . A porticn 01 the Eost 1/2 01 the Southw..t 1/4 of the Southeast 1/4 or the Southwost .1/4. of F'octionol S.clioo J, Township S2 South. Ron9e: 42 East, l.llQrnc-Oodc Cour,ly, Floride. bein9 more po1.iculorfy descnbed Qs (oUo""$: I I I Commence a( the Noc1hwest corner of the East 1/2 of the Southwest 1/401 th. South.ost 1/4 01 the Southw.st 1/4 01 soid Froctionol Secijon J; th..,c. "'" S89d.g59min25s.a; oIong th. North bo..ad'"7" 01--.. tile Eost 1/2 01 the Southwesl 1/4 01 th. Southeasl 1/4 0' th. Soutllwesl1/4,Ol sOld. Froclioool Seclion J, 0 di.tonce 01 90.17... ,,,t 10 Ih. po"t 01 "~"'''ction with EosI Righl-of-Woy bounda:y of North.ost 28th Court os d..Cl"il.d in thot certain Right-of-Woy O..d to Ood. County, fl.d on S.ptember 10. 1966, in Officiol RecOC'ds Book 6088, Poqe 160 of the Public Records of Miomi-Oade Cou~ty, Aorid.. being th. POIHT OF BEGINNING 01 th. pore.d of lond herenG!'tr to be detO'i:lcd: th~c:e run SOOdeqOOm.,..SsecW oIonq the ~(oresald, desc:"bed ~lI"Ie. G distance of J61.28 feet" to the pO'nt of lt1t",octo.. WIth 0 I". thol is JOQ,oo f..t North 01 ond 'p!li'olel to tho South b",,~dory 01 the EOII 1/2 01 the Southwest 1/4 of the Soulllea.1 1/4 01 th. Southwesl 1/4 of loid Froctionol SocUon J' thenc. Nn N89degS7minS4lecE olonq th. I.ot descri><d line, '0 dblonc. .f ~,28 f.el 10 . poi1~ I.id p.int' b.ing ~,7S. f..1 Wesl .1 !h. E.11 boundat)' 01 th. Southwest 1/4 of th. South..lt 1/4 01 1Il. .Scuthwest 1/4 .1 lCIid. Fractlonol 3; Ihente Nn NOOdegOOmin45secE oIong . l..e "'.1 Is 200.28 leel Eollol ond p<roIlel to the said East boundary 01 North.ost 28th Court. 0 cliotonc. .1 361.18 leet to the point .1 ..Ierteclion with th. North boundory of th. Southwost 1/4 01 th. South,oll 1/4 01 th. Southwest 1/4 of .aid FroolionGl S.olion J; thence 'Nn NB9d'959min25secW olonq the loot describ.d lin.. 0 diStanc. or 200,28 feet to th. PCXNT OF BEGlNNING~' . I I I I I I I ROiUl TRACT: That portion of a 70.00 feet ...tde Rt~hl-Qf-Woy for H.E. 28th Cwrt as h_<<I .. Otlioiol Record. Book 6068. ot Pog,o 160 01 the Public Rocord. 01 Ioliomi-Oade Counly, florldco, l)lng South of th. North lin. of the Ecool 1/'1, of the Southwest 1/4. of \he Southeo.1 1/4, 01 tho Southw.st 1/4. of Soctton ~. townonip S2.SOUIh; Rconge 42 Easl. City of ,,_tu'" Ioliomi-oode Counly. fli:lrl<la. . I I - I /.LSO I(N~ AS: " por\Icn of the (cost \/1.. of th. Southw...t 1/4. 01 the sOuthoclI \/4. of tho Soulllwelt 1/4 of rroctlonol Soctlon 3. township S2 South. Rot\go 42 EOII. . Ioliomi-Oode Counly, floridco. boing more portlculot1y cl..c:rlbod 01 follawr. Commence at the Northwest COC"ner of the LO$l 1/2. of the Southwest. lJ4. of the .Soutneast '/1" of the South't"cst t/~. or lald Sec'Uon ~ then~e Sll9dO<lS9m1n251ccE, olong tho North Une of the (alt 1/'/... cor' tho Southw..t 1/4, of u.. SouU.ooll 1/4. of the South....t 1/4. of lolcl Section 3. lor 0 diltonce of 1.0.17 reet to Its intersection with the. Wesl Ri9ht-of-Woy Une of Northeast 26th Court. as d.scribed in that cCt'\Q\n R\ght-af-Way aced to Ioliami-oodo COIlnty. fi.d on Seplomb,... 10th. 1968. in OfflciCll R.cordl Book 60B8. PQqc 16Q of the Public Rec:orc11 of )"Aiomi-Ood.e Count)'. flon<1<l. IcUd point dl. bei<\g tho POlNt or BEGINNING 01 the h....in.ft... d..erlbcd Pored 01 Lond; thence conlinue S89deg59min2.5secE, Glon9 the lost ducribod llneo G dit\Qf\cC 01 70,00 f.ol 10 lIs Inl....oction with Eoot R\gnl-ol-WayUno of .o,d Northeosl 28th c...r\: thone. SOOcI.gOlmIn4SsecW. alang said Eost Right-of-woy Uno of lloMh..,I\ 28th c...rt. for ~9,95 Icct; \henc. NB9do059mln2SsecW for 7Q.00 -- . I feet to its inlersectio:n with soid West Riqht-ef-wcy Gne o( Northe(Jsl 28th COI.Jrt: thenCe NOOdc901mic145secE. alo.'9 said We:s:t Right-of-way Line Qf Northeast 28th Court, for "'4.9.95 feet l'J the POINT Of" 8ECilNNINC. . LESS: I A portiOtl of the East 1/2. of the Southwest 1/4. of the Southeost 1/4. of the South..esl 1/4 01 Fractional Section J. township S2 South. Ranqt 4-2 East, Mtc:lmi-Oade County. Florida, beinq morc porticular1y described os JoUowr. I Commence at the Northwest corner o.t the E:O$t 1/2. of the Southwcst 1/4. of the Southeast 1/4. of the Southwest 1/4. of $oid Seclion J; thence S89deq59min25scc:E. along the North Line of the East 1/2. of the Southwest 1/"" of the Southeast 1/4, of the Southwest 1/1" of said Section J, 'or CI di4lonc:e of 90.17 feet to It! intunction with the Eost RI9hl-of-Woy Line of Northeast 28th Court. os described in ~at certcin R'9ht-o{-Way Deed to Miami-Dade: Countr' flied on September 10th. 1968. in Official Records Book 6088. Page 160 a the Public RecO<'d. 01 Miami-Dade Co<lnty, Aarida; thence SOOdegOlmln~5.ecW. along the la.t described line 10<' 361.33 leet to the POINT OF" SEGlNNtNC at the hercinofter desc::rbed Parc:e1 of Land: th.encc Sood<901mln~5.ecW 10<' 88.62 leet; thence N89d<9~9min1SsecW fO<' ~5,00 feet; thence NOOd<90Imln~5.ecE .10<' 88.60 leet; thence N89d<95~min54.ecE 10<'.35.00 leet to the POINT Of' SEClNNING, . . . I Containing 28.395,07 SquO<'e reet andlO<' 0,65 Acre. m.O<'e 0<' I..., I I I I I I -- J , t , ". 11 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 SIDEYARD SETBACK OF 7.5' FOR TOWNHOMES, 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 CONDOMINIl,JM 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 DEVELOP.MENT REGULATIONS TO ALLOW A BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN THe RMF4 ZONIN~ DISTRIC;r 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. t Resoiutlon No. 2003-t>., 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 31-1'43(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 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 townhomes, where one exterior and one interiorspace 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 fallen 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.S' for townhomes, where a 20' setback is req'uired 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 townhomes, 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 1S0~ of landscaped frontage is required by Code, on property legally Resolution No. 20\"",-. , 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. . "Aventura Landings", Sheet SP-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 4/23/03, signed and sealed 6/5/03. . "Aventura Landings-Data Block", prepared by MourizlSalazar & Associates, Inc., revised 6/6/03, signed and sealed 6/6/03. . "Aventura Landings", Sheet SP-1a prepared by MourizlSalazar & Associates, Inc" dated 6/2002, revised 6/6/03 signed and sealed 8/21/03. . "Avenlura 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 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet A-2 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03 revised 6/6/03, . . "Aventura Landings", Sheet A-3 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, re'{ised 6/3103, signed and sealed 6/5/03. . "Aventura Landings", Sheet A-4 prepared by MourizlSalazar & Associates, Inc., .dated 1/31/03, signed and sealed 6/5103, revised 6/6/03. . "Aventura Landings", Sheet A-5 prepared by MourizlSalazar & Associates, Inc., dated 1/31/03, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet A-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "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 B-2 prepared by MourizlSalazar & Associates, Inc" dated 8/2002, signed and sealed 6/5103, revised 6/6/03. . "Aventura Landings", Sheet B-3 prepared by MourizlSalazar & Associates, Inc., . dated 6/2002, signed and sealed 6/5/03, revised 6/6/03, . "Aventura Landings", Sheet B-4 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5103, revised 6/6103. . "Aventura Landings", Sheet B-5 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet B-6 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, signed and sealed 6/5103, revised 6/6/03. . "Aventura Landings", Sheet B-7 prepared by MourizlSalazar & Associates, Int., dated 8/2002, signed and sealed 6/5103, revised 6/6/03. . "Aventura Landings", Sheet C-1 prepared by MourizlSalazar & Associates, Inc., dated 8/2002, revised 6/13/03, signed and sealed 6/18/03. 1f ;. Resolution No. 200,)-tJ~ Page 5 . "Aventura Landings", Sheet C-2 prepared by Mouriz/Salazar & Associates. Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-3 prepared by MouriZ/Salazar & 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 6/6103. . "Aventura Landings", Sheet C-5 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-6 prepare,d by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6/03. . "Aventura Landings", Sheet C-? prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised 6/6103. . "Aventura Landings", Sheet C-8 prepared by Mouriz/Salazar & Associates, Inc., dated 8/2002, signed and sealed 6/5/03, revised ?16103. . "Aventura Landings", Sheet L-1 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/6/02; 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. . "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. . "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 613103, signed and sealed 6/5103, . "Aventura Landings", Sheet L.? 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-8 prepared by Alex Knight, Landscape Architecture and Planning, dated 10/8/02, revised 6/3103, 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. 20li.;-u4 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 Re5idential) 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 iandscaping 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 ~nd 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. 200~ b_ 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,;L day of September, 2003. Exl..Jlt A to Resolution No. 2003- (p ~ LEGAL DESCRIPTION: Tracl A: The North j10.86 (eet. of the following described property: A portion or the Southwest 1/~ at Fractional. Section J. Township 52 South. Ronqe 42 Eesl. Miami-Oode County. Florida" being more porticulor1y described os lollows: Begin at the Southwosl carner or tho Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 o( said Fraclional section J; thence N 89'59'25" W. clong the South line of tnc Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4. of .said Section J. for 80.21 feet; thenc.e I~ O'Ol'45R E for 310.86 (eel to 0 point on 0 curve (said point bears S O"S'lS" W from the radius point of the next described circular curve); thence Southeasterly. 0101'19 0 circular curve to the left (conco...e .to the Ncrthecst). having 0 radius of 694.69 feel and o centrol angle of O~6'30" (or on arc distance of 1.31 feet to 0 point of tangency; thence S 89'58'15" Eo along o line porollel with cnd 20.00 feet Soulh of 0$ measured at right angles lo, the North line of the Sovth 1/2 of t.~e Northwest 1/< of the Southeost 1/4 of the Southwest t/4 of said Section 3. fo< 431.94 feet; thence S 0'00' 45" W. along the Westerly right-of -"oy line of NE 28th Court and its Southerly prOlongation as recorded in Otficial Reco<ds Book 6088, Page 160 of the Public Records of I,(jomi-Dode County. Aorido, for 760,62 leet; thence N 89'"59'2S" W, along 0 Gne parallel With and ++9.91 feet South' of, as measured at right o"llles to the' North Gne of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346,87 feet: thenoe N '0:+6'52" W, along the East Gne of the Southwest 1/4 of the Southwest 1/4, of .aid Section 3, fo< '449.95 feet to the POINT OF BEClNNING, lying and being in Miami-Dade County, Aorido. Tract B: \ \ The' South 4,.~9.91 feet. of the following described property: A portion 0' the Southwost 1/4 of Fractional, Section 3, Township 52 South. Range 42 East. Miami-Dade County, .Florida, being more particularly described os tollows: Beqin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4. of lhe Southwest 1/4 of said Fractional scc:lion 3; thence N 89'59'25" W, along the South line of lhe Northeast 1/4 of the Southwest 1/~ af he Southwest 1/4. of said Sec\.ion ;}. for 80.21 loet: thence N 0'01'45" E for ~lD.86 feet to 0 po'",t on 0 .;urve (said point bears S O.,S'lS" W from the radius point of the next described circular curve); thcllce' SCXltheoste:r1y, along a circular curve to the left (col"\cave to the Northeost), having 0 radius of 69~.69 feet and a cenlral angle of 0'S'30" for on arc distance of 1.31 feet to a point of tangency; thence S 8~58'15. E, along G ((n.e perdUet with and 20.00 feel Sauth of as measured at right o'ogles to, the Harth line of the South 1/2 of the Northwest 1/4 of the Southeasl 1/4 of the Southwest 1/4 of said Section 3. for 431.94 feet: thence S 0'00'+5" W. along. the We.terlv riqht-of-woy line of NE 28th Court and its Southerly prolongotion os recorded in Otrociol Records Boo.. 6088. Pogo 160 of the- Public Record.. of I,(jami-Oado County, Aorida, for 760.62 f..t; thence N 89.59'25. w, along a line parallel with and .(.49,91 feet South of, os measured at riqhl angles. to the Norl/\ !<ne of the Southwest 1/4 of the Sauthw.est t/4 of the Southwest 1/4 of soid Section 3, for 346.87 feet: thence N 0'46'52" W, 010"9 the Eo.t Gne of . the Southwest 1/4 of the Southwe.t 1/4. 01 soid S.ction 3. for 0\-49,95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Aorido. Tract C: A portion of the East 1/2 of tho Southw.st 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional Section J. To<<nship 52 South, R~nge ~2. East. Miami-Oode County, F\orido, being more par\icu\aMy described os lollows: Commence at the Northwest corner of the East 1/2 of the Southwest 1/~ of the Southwest ,/~ of the southwe.t 1/4 of said Fractional Section 3. thence run S 69'S9'25 E along the North boundary of the East 1/2 of the Southwest 11" of the Southeast 1 / ~ of the Southwest '/4 of 50id Fractional Section ~, Q di:stoncc of 90.17 feel lo the point or intersection with Eost riqht-of-way boundory of Northeast 28th Court os described 'In that certain right-of-way Deed to Dade County, filed on September 10, 1968, i.n Official Records Boo\( 6088, Poqe 160 of the Public Records or Miami-Dade 'County. Florida, bcin9 the POINT Of BEGINNING of the parcel of lond hereinafter lo be desen'bed; thence Nn S 0"'00'45. W clong the a!oresoid described tine, a distance of . 361.28 feel to the point of intersection with a fine thal is 300 feet North of and parallel lo the South boundary of the East 1/2 of lhe Southwest 1/4 of the Southeast 1/4 of the Southwesl 1/4 of said fractional Section ~; thence run N 89'57'54" E along the last doscribed fIno, 0 d"ostance 01 200,28 loet to a pain\. said point being 46.75 feel West of the East boundo~ of the Southwest 1/4 of the Southeast 1/4 of \he SQuthwest t/4 of sai.d Fractional 3: thence run fro( 0'00 ~5" E alonq a line that i.s 200_26 feet Ecst of and poronel to the said C::osl boundary of Northeasl 28th court.: Q distance or 361.1 e feet lo the point of interseclion with the North Qundory 01 the Southwe.t 1/4 of the Southeast 1/4 of the Southwest t/4 of said Frcctional Section 3. thence r\Jt\ N 89'59'25' w alon9 the lasl de.cribed line, a distance of 200;28 feet to the P01NT OF BEGINNING. :::~"~~7'r' - :< T,.,.,. 'WJ.. 20, 21, 25, 30, 31 45 50 53 54,57 EXHIBIT C " ' 5' 2" min. I" . 7' 4" min. 4' 3" min. 4' 4" min. 4' 7" min. IlROWARD l'OUNTY ..-.-.-.-. I>^I>E COUNTY IVES DAIRY RD. ~ w 8 Q ::: MIAMI GARDENS DR. :" .. . . .. i . . I ," '. '. 'I '. I 'I '. :1 I I . . . ," ," :1 . 'I ; :" :" :" .. ~ :" :" :" :" :" :" :" :" :" ," . ," . ," . .. . :" :" ," :1 :. ;. ;::-~~~.:-:..~"~~~=~~~.~~.~~_.- - - . . . . I I . . 0.. ~ AVENnJRA @!9' !'WI D Ruate A-..nr St4tiOII g m Z ~ 8 201 TER. Aventura Mall 192 ST. 192 ST. t.\'(SilC LtHhmann'. Ft1Shi4n . 1.1mId ~ ~ 188 ST. SITE ..~ ~. ,,~ ,-, (" "., .~ ";-., .; ....:-.....:t !,;..... g m z ~ 8 1 Ni<ultic Ocean LEGEND e Roadways I - . . . . . . City Boundary ZIP Code Boundary ----------. RaIlroad . , , EXHIBIT #2 03-V AR-03 REV RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH RESOLUTION NO. 2003-64 PASSED SEPTEMBER 2, 2003; TO MODIFY SECTION 1. TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF SEVEN FEET SIX INCHES FOR THE FIRST FLOOR OF ALL TOWN HOME LOTS AND TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF TWO FEET TEN INCHES FOR SECOND STORY PATIO AND FOUR FEET FOUR INCHES FOR SECOND STORY BAY WINDOW ON TOWNHOME LOTS 20, 21, 25, 30, 31, 45, 50, 53, 54 AND 57, WHERE A MINIMUM STREET SIDE YARD SETBACK OF SEVEN FEET SIX INCHES WAS ALLOWED BY RESOLUTION NO. 2003-64; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY OF AVENTURAj PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Merco Group at Aventura Landings I, II and III, Inc., was granted miscellaneous approvals by Resolution No. 2003-64 passed by the City Commission of the City of Aventura on September 2, 2003; and WHEREAS, the applicant has revised the site plan, which revision necessitates modification to the previous approvals granted through Resolution No. 2003-64 to allow a minimum street side yard setback of two feet ten inches for second story patios and a minimum street side yard setback of four feet four inches for second story bay windows on Lots 20, 21, 25, 30, 31, 45, 50, 53, 54 and 57 in the townhome parcel, where a minimum street side yard setback of seven feet six inches was allowed by Resolution No. 2003-64. Resolution No. 2004- Page 2 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. The applicant's request to modify the following variance previously granted by Resolution No. 2003-64: 1) Amend current Section 1 from: "... to allow a street side yard setback of 7,5' for townhomes, where a 20' setback is required by Code..." to: "... to allow a minimum street side yard setback of 7.5' for the first floor of all townhome lots and a minimum street side yard setback of 2'10" for second story patio and 4'4" for second story bay windows for town homes on Lots 20, 21, 25, 30, 31, 45, 50,53,54 and 57, where a 20' setback is required by Code ..." on property legally described in Exhibit "A" to this Resolution is hereby granted, subject to the following conditions: i) Plans shall substantially comply with those submitted as follows: . "Terzetto Condominiums", Site and Building Area Calculations, Sheet A-1, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved Site Plan, Sheet A-2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. Resolution No, 2004- Page 3 . "Terzetto Condominiums", Proposed Site Plan, Sheet A-3, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved Floor Plans, Sheet A-3.1, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 6/13/03. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-4, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Proposed Apartment Building Floor Plans, Sheet A-7, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Building Elevations, Sheet A- 8, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Building Elevations, Sheet A- 10, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Shadow Study, Sheet A-11, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Apartment Building Floor Plans, Sheet A-12, prepared by Mouriz Salazar, Architects & Planners, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Condominiums", Approved and Proposed Apartment Building Floor Plans, Sheet A-13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Site Data Calculation, prepared by Mouriz Salazar, Architects & Planners, Sheet A-1, dated 2/20/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Approved Site Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-2, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Proposed Site Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-3, dated 8/02, last revised 04/19/04, signed and sealed 9/17/04. . "Terzetto Villas", Townhouse Lot - Layout Plan, prepared by Mouriz Salazar, Architects & Planners, Sheet A-4, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. Resolution No. 2004- Page 4 . "Terzetto Villas", Townhome Buildings - Approved and Proposed, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 6/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Villas", Townhouse Flood Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 6/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Site and Building Area Calculations, Sheet A-1, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved Site Plan, Sheet A-2, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Site Plan, Sheet A-3, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved Loft Building Floor Plans, Sheet A-4, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-5, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-6, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-7, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-8, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-9, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-10, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Proposed Loft Building Floor Plans, Sheet A-11, prepared by Mouriz Salazar, Architects & Planners, dated 8/02, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-12, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. Resolution No. 2004- Page 5 . "Terzetto Lofts III", Approved and Proposed Loft Building Elevations, Sheet A-13, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-14, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. . "Terzetto Lofts III", Approved and Proposed Loft Unit Plans, Sheet A-15, prepared by Mouriz Salazar, Architects & Planners, dated 6/04, last revised 9/15/04, signed and sealed 9/17/04. ii) All other conditions of Resolution No. 2003-64 not modified or deleted by this Resolution shall remain in full force and effect. 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 6 PASSED AND ADOPTED 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 Resolution was filed in the Office of the City Clerk this _ day of October, 2004. CITY CLERK I Legal Description t:. ,HIBII I~ I Tract *1\.: The North 310.86 feet. of lhe (oUOlti'lg -descnbcd property: j A porJcn 01 the SouUlwest 1/4. of frocliond Section J. To'Kl\Ship 52 South. Range 42 Eosl.l.flOmi-Oode County, Florida, beinq more port;culal1y deKtbed as fallows: I I Begin at the South"est corne< 01 tile Harth"..t 1/4. of the Southeast 1/4. 01 the Southwest 1/4. .1 .aid Fractional Section 3; thence H89deqS9min26..cW. along the South lint or tho Horth...t 1/4. or the Southwest 1/4. or the SClIlthnst 1/4. 01 said Section 3. lor 80,21 feet; thence HOOdegOlmn45secE fer 310.86 feel to a point on a O.l~ (said point bears S.OOdcq08min15secW from the radiUlIi point of ,the ned d..aibed circular ""rve); thence Southeasterly. alonq a clrcutar curve to the len (concave to the Harth...t). hOWlg a rod'"s of. 694.69 feet and a cenlral angle of OOdeg06min30sec lor an arc cistancc .01 1,31 leet to . poClt of tangency, thence S89degS8minl~ecf. along 0 line parolel with and 20.00 lut South 01 as m.._~ .t riqht CllIqle to the North r.,e .1 the South 1/2, .r the North....t 1/4 .1 the Southeast 1/4. .1 the .Soothwat 1/4. 01 .aid Section 3. lor' 431.94 feet: lhence SOOdeqOOm1n4SseeW, along the Westerly Riqltt....I-Way rrle .f II.E. 28th Court and I\J Soothtliy prolQn9Ollan ai re0itde4'1n 0fIicl0l RtcllIl"Ik BaaIt &OM. P~e 180 01 the N1roc Rec:otV of IIiami Dade c:..ty, F\ortdo, I... 7liQ.U I..t: lIIence N89degS9.....tsoecW. _g 0 lilt porallel .cth and oWUI leet South .1. os measured .t ri9ht angles t. the North line .f the Southwest. 1/4. of the Southwest 1/4.. of the Southwest 1/4. .1 s.iel Section J. for 346,87 leet: thence NOOdeg46minS2secW. along the East rrle or the Southwest 1/4. .r the'SClIlthwest 1/4. .f said Section 3. for 449.95 leet to the POIHT llf BEGINNING. lying and being In I.tlaml-Dade CClIlnly, Aorido, TRACT "Bill: I I I I I I I I , The South 1-49,91 rcc~ of the' follO'K.ing descriled. property. A portion .r the Southwest 1/4 or Fractional Section J. To"",,,ip 52 South, Range 42 Eos~ Ioliomi-Gadc County. Florida, being mor. particutal1y descri:>.d as laIlows: Begin .t the Southwest comer 'of the Horthwest 1/4 .f the Southeast 1/4 .1 the Southwest 1/4 01 sold FfQC\iooo[ SectIon: 3; thence H89dcq59maZSSecW. along th. South r... of the Northeoi\ 1/4 .rthe Southwest I" <It'the Southwest 1/4. or sold Section J. lor 80.2.1 I.et: Ui....e NOOdeg01......5seC( lor 31Q.8!i I..t 1G . ~t on a ....... (1014 palRt~..... SOCM<908miill5secW hen the Rd'us palRt 01 . the n..t d.....,ed acAor .......); theM< Southeastelly; along 0 . dtcUor....... to the 'ell (conca.. to the Narth_t~ hcMn<j ... . rodiu. .f GlUg leet and 0 central onqIe 01 OOdeq06min30sec lor an ore <istonce .r 1.31 .I.et t. a point .1 .tangency, thence S89deg~I5sec:E. along 0 rOle porallel .cth and 20,00 I..t Sou1h .f os m.....rr<l .1 ri9ht angles to. the North line of the South 1/2 of the Northwest t/4 or the Southe.st 1/4 al-llle Southwest 1/' or said Section 3. lor 431.i4 leet; thence SOQdeqOOm1n45secW. dOl)g the Westetly RIght-of-Way r.,e .r N.t. 28th Court and Its Southtliy proiongotion os reconled In (Offic:lal Records B~ 6088. P.ge 180 .r th. PIlbIic Records .1 1ol10ml-llode County. florida, lor 760.62 leet: thence N89degS9mlnZSsecl'f. along . line ,erotel with .nd oW9.g1 leet Sooth .r. os measur.d ot right angles t. the North r.,e of the Soothwest 1/4 of the Southwest 1/4 .r the Southwest 1/4 .1 said Section 3. I... 346.87 leet; thence NOOdeg46m1n52secW. along the East line.r the Soothwest 1/4.r the Southwest 1/4. .r sold Section 3, lar oW9.9S r.et to th. POINT OF llECINNlN<:' lying and being In IIlaml-llode c-ty. florida. I I I I I . iRAC"T "Co: I I A portion Or the Eosl 1/2 ., Ih. South"..1 1/~ of the Southco,t 1/4 of Ute Southwest 1/4 of Frocli<lnctl Seelien 3 To"nship 52 South Rong. 42 (ost Miami-Qod. County. Florida. b'~9 more partiOJCociy' desa'1bed as (oUows: I I I I I I J J Commence at the Northwest comer of the Eost 1/2 of the Southwest 1/4.ar the South..,t 1/4 or the Southwest 1/4 or said fr.ctional Section J; thene.' "'" S89de9S9min25,eeB a10nq the Northbo<.ldory-ol-_.. the (ost 1/'2 .1 the South"..t 1/4 01 th. South.." 1/4 or th. South"est1/~. of ,.aid /ractionoC Seelien J. . di,tonc..' 90.17.. leet to th. p..,t 01 nt.....ction "Uh tost Riqht-.I-Way bOU<'lday 01 North.o.t 28th Court a, desai>ed in that eertQin Right-at-Way D..d t. Cod. County. R.d on Septembef 10. 1968, in Offieiol Records Book 6088, Paqe 160 or the Public Records of Miomi-O~de Cou~ty. Florida, b.ing the POINT Of BEGINNING .r the pored 01 lond h....n.~... to b. cle,ailed: thonce Nn SOOdeqOOmlil4SseeW along the ~Ior..aid. d"~ed line, . distance QI J61.28 leet. tQ the poi'lt 01 nlerseetion ..Ith 0 Ine that is JQO,oo feet North al and 'W.ld to the South bou(ldory QI the Eost 1/2 01 the SOUth....t 1/4 of thc Southeast 1/4 01 the SOUth....t 1/4 01 soid froetionol SecIion J' "',",ce nm 1189cleq57minS4secE alon9 the lost desert>ed line, ~ Gistance 01 2Ci),28 feet to 0 p,,",t, soid point' beng 4U5. leet w..t or the (ost b~ory or the Southwest 1/4 of tho Southeost1/4 or the Southwat 1/4 01 salol. frac:tlonol 3: lMnc:e Nn ~45secE ol""9 0 line thot Is 2QO,28 leet tast.ol ond ......... 10 the soid taSt baundory 01 H__ 28tlI Cau<1. 0 Gistance of 361.18 feet to the point of Int.....ectIon with the North boundary 01 Ute Southwest 1/4 of the Southeost 1/4 or the Southwest 1/4 .r .aid fractional ~eetion J: thence' run N59de<;59min2SseeW dong Ute lost described Ine, . distance .r 200,25 reet to the .. POCNT or eEGlNNIHG~- . . -, -... . I I I I 1l01J) TRACT: Th.1 por\\cn of a 70.00 feet' wide Rlqhl-.f-Woy for N.Eo 28th Court .s d<<ctIled In Ol1icid Records Book 606e. ot Pa9,e 160 01 the Public Reconl. Qf IollorN-Oade County. flotIdo. l)!nq S4uth of the N..-th line 01 the test 1/2. of the Southwest 1/4. of lIIe S4uthe..t 1/4. 0' the Southwest 1/4. ol1ieC\lon ~. Tow<<ll\il> 57..S4uIh.' RcnQe 47. tllll. CIty 01 Aytntu<a, \.tloml-D.d. County. flQrido. . ALSO I(N~ AS: A portion 01 the Eost 1/2, of lI\e S4uthwest 1/-.. of lI\e SOull\ccsl 1/4. 01 the S4uthw..1 1/4 01 fractlonol SecUon 3. T....nahlp S2 S4uth, Ronge...2 Eosl. . Wiami-!?Qdc Cexlnt)'. Florida. bof::inCjJ more pOftlcutcu1y acscrl;)ccS as !d\O'ffa: . Comrnence G\ the Northwest comet' af the East 1/2.. of the Southwest tJ~. of the Southeost 1/4. of the South....t 1/"', 01 .old Sec\lon 3: thence S89deq59mIn25sect. oIonQ the H..-th Une 01 the Easll/'1.. af the S4uthnsl 1/.... of the South..sl 1/4. of the Southwe.t 1/4. of sol<l SecUon 3. for a cn.lonce 01 20,17 reet to III Inlersection with the . W.sI Rl9hl-ol-Way Une Qf Nartheo'l ltlth Court. os described In thot certoin RIght-of-Way aee<! to I.liomi-D.de Counly. Red on Seplcmb!", 10th. '966. In Official ReCOC'ds Boo\< 6088. P.qe 160 .1 the Public Records of Iolioml-Dade Cou<<ly. Flor\cIa. .01<1 point oIso belnq the POINT Of BEGlNNIMG of the h....lnolt... descrtbed PCII'cd of l.ond: thence continue Sll9deq59mln2S..cE. along the ,.st desctlled line, a <Ii.lon.. of 70.00 reet I. III lnt.....ctj"" with (osl RIghI-of-WayUne al soid Northeo.1 26th Court: thence SOOde90lmlt\45secW. 01""9 sold Eo.t Rl9hl-of-woy Une 01 Harth"'st 26th Cout'\. I... 4-49.95 fect: then.. H69deqS9mln2S.cc'II ,... 7a.00 :. . IJ feet to its inlersectio"n with said West Ri9hl-c(-woy Un~ of Northeast 26t" Court: thence NOOdcQ01min45secE:. Qlo.'~ said West Riqht-of-woy I..ine of NortncQst 26th Court. for 449.95 feet hJ the PCXNT or BECl.NNINC. . I LESS: A portion of tho Eost 1/2. of tho Southwest l/~. of tho South.ast 1/~. of tho Southwcst 1/4 01 Fractional Sect;on 3. Township 52 South. Ronqc 42 [Olit. Miami-Oade CO\lnty. Rorida. bcinq more pGrtieutcu1y dcs~ed as .Iotlows: Commence at the Northwest corner oJ the East 1/2. of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4, of said Section J; lhcnc:c S89dcq59mln25sccE:. along the North Line of the East 1/2. of the Southwest 1/4.. of the Southeo$t 1/4. of the Southwest 1/4. at saiel Section J. (0( Cl disloncc of 90.17 fut to Its intersection with the East Rlght-af-Way Line of NOt"theast 28th Court. os descrlbed in that certain Rlght-af-Way Oeed ta Miami-Dade County, riled on September 10th, 1968. in Offic:i~ Record. Sook 6088. Pag. 160 of the Public Rec...dl o( Miami-Dad. County. Aorida: thence SOOd'gOlm.,~51'cW. along the lost d.lc:ril.d lln. f... 361,33. f.et to the POINT OF' BEClNNlNG of the hCt'elnafter desat>ed Porcel of lAnd: tn.ence SoodegOlm.,~5.ecW f... &a.62 (eet: thence N89deg59mln251ecW (or ~5,OO re.t: th.nc. NOOdegOlm.,'5..eE f... &a.60 f..t: thence N89deg57.mln5~leeE f.... 35.00 fcot to the POINT OF' BEClNNIHG. . Contalnw,g 28.395.07 Square reet ond/or 0.65 Acr.. m..... 0(' lesl, . I I I I I I I I ': J , r ~ A~ {I .~~.";/' MINUTES CITY COMMISSION MEETING SEPTEMBER 7, 2004 6 p.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 6:00 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: Michael Snyder, Esq. led the pledge of allegiance. 5. SPECIAL PRESENTATION: (Taken out of order at this time.) North Miami Beach Deputy Police Chief Linda Loizzo expressed appreciation to the City of Aventura's Police Chief and employees for their assistance in the injury and passing of City of North Miami Beach Police Sg1. Orestes "Oreo" Lorenzo. 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 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)8. 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. 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: Michael Snyder, Esq., representing the applicant; David Pearl, Esq., representing the Aventura Hospital and Medical Center. (Mayor Perlow noted his conflict of interest as he serves on the Hospital Board and left the meeting at this time). Roy Lustig, 2600 Douglas Road; Jackie Tako, Keystone Island Drive, North Miami; Fran Ricca, 1615 NE 174th Street, North Miami Beach; Sherry Superfine, 21150 NE 38th Avenue, The Point; Eric Kane, The Point; Leonard Hochstein, Miami Beach. There being no further speakers, the public hearing was closed. A motion to approve abandoning that portion of NE 29 Court lying north of NE 214 Terrace, as referenced in the Resolution, was offered by Commissioner Cohen, seconded by Commissioner Grossman and passed 5-1, with Commissioner Holzberg voting no and Mayor Perlow out of the room, A motion granting approval of the variance as set forth in the Resolution was offered by Commissioner Beskin, seconded by Commissioner Cohen and passed 5-1, with Commissioner Holzberg voting no and Mayor Perlow out of the room. A motion to approve the Resolution as amended, and to further amend the third Whereas clause to read as follows: 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 the City Commission has determined that the City Manager shall determine the specific level of mitigation to be paid by Applicant for the City's loss of the potential landscape corridor area, after negotiation with the Applicant; and was offered by Commissioner Grossman, seconded by Commissioner Beskin, unanimously passed, 6-0, with Mayor Perlow out of the room and Resolution No. 2004-42 was adopted, Mayor Perlow returned to the meeting at this time. 4. AGENDA: Request for Deletions/Emergency Additions: Mr. Soroka noted the removal of item 6-H. 6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F and Commissioner Cohen requested removal of item 6-1 from the 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 July 6, 2004 Commission Meeting, July 22, 2004 Special Meeting, July 22, 2004 Budget Review Meeting, July 22, 2004 Workshop Meeting and August 24, 2004 Special Meeting were approved. B. Resolution No. 2004-43 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF 2 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. C. Resolution No. 2004-44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 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. D. Resolution No. 2004-45 was adopted as follows: 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. E. Resolution No. 2004-46 was adopted as follows: 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 185TH STREET CONNECTOR IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. G. The following motion was approved: 3 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. The following motion was removed from the agenda. MOTION APPROVING REQUEST OF MERCO GROUP AT AVENTURA LANDINGS I, II AND III INC. 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. J. The following motion was approved: 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. Resolution No. 2004-47 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 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. The following items were removed from the Consent Agenda and addressed separately: 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. 4 After addressing Commissioner Beskin's concerns, a motion for approval was offered by Commissioner Cohen, seconded by Commissioner Diamond and unanimously passed, I. Mr. Wolpin read the following resolution by title: 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. A motion for approval was offered by Commissioner Auerbach, seconded by Vice Mayor Diamond and adopted as Resolution No. 2004-48. Item 3 resumed at this time. Mayor Perlow left the room. 3-B. Mr. Wolpin read the following resolution by title: 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. A motion for approval was offered by Commissioner Grossman and seconded by Commissioner Cohen. 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: Cliff Schulman, Esq., representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously (6-0 with Mayor Perlow out of the room) and Resolution No. 2004-49 was adopted. C. Mr, Wolpin read the following resolution by title: 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR MIAMI BEACH HEALTH CARE LTD O/A 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. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Auerbach. 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: Mr. Schulman, There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2004-50 was adopted. Mayor Perlow returned to the room at this time. D, Mr. Wolpin read the following resolution by title: 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)8. 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 EXISTING 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 6 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. A motion for approval was offered by Vice Mayor Diamond and seconded by Commissioner Auerbach. Ms. Carr explained the request and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Mr. Schulman. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2004-51 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mayor Perlow left the room at this time. A. Mr. Wolpin read the following ordinance by title: 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 OF 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. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Beskin. Vice Mayor Diamond opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. Mayor Perlow returned to the room at this time. B. Mr. Wolpin read the following ordinance by title: 7 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. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Mike Radell, Esq., Bercow & Radell. There being no further speakers, the public hearing was closed, An amendment was offered by Mayor Perlow and seconded by Commissioner Grossman to amend the ordinance to delete reference to changing the proposed maximum height of the condominium from 186'6" to 183'8". The amendment passed 6-1, with Commissioner Beskin voting no, The motion for approval, as amended, passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 9. RESOLUTIONS: None, 10.0THER BUSINESS: None. 11.PUBLlC COMMENTS: The following individual addressed the Commission: Ron Ruiz, 5077 NW 7th Street. 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. 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 conskJered 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. 8 A'!he C~ of nventilra .. '..~,../ MINUTES CITY COMMISSION MEETING SEPTEMBER 9, 2004 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 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, and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mayor Perlow led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES: FIRST READING/PUBLIC INPUT - 2004/2005 BUDGET A. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 8.61% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2004 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Diamond. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote, B. Mr. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 22, 2004, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2004/2005 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mr. Soroka reviewed the highlights of the proposed budget. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. Mayor Perlow announced that the second public hearing is scheduled for September 21, 2004 at 6 p.m. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:05 p.m. Teresa M. Soroka, 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 Of 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 bas8et 2 A~ .. ,~~'"-'" MINUTES CITY COMMISSION MEETING SEPTEMBER 21, 2004 - 6 P.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 6:00 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: Mayor Perlow led the pledge of allegiance. 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 8.61% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2004 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2004-14 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 22, 2004, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2004/2005 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2004-15 was enacted, Mayor Perlow left the meeting at this time. C. Mr. Wolpin read the following ordinance by title: 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. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Joanne Carr, Community Development Director, addressed the Commission, Vice Mayor Diamond opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2004-16 was enacted. Mayor Perlow returned to the meeting at this time, 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:06 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose. may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. 2 The City of AVentura . ...",;... MINUTES COMMISSION WORKSHOP MEETING SEPTEMBER 23, 2004 10 AM 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 10 a,m. 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. NORTHEAST DADE ANNEXATION FEASIBILITY STUDY: Mr. Soroka reviewed the highlights of the report which indicated that annexation of this area by the City would not be financially feasible. Glen Gopman, Sky Lake-Highland Lakes Homeowners Association, expressed his appreciation to the Commission for authorizing the study and to staff for the time and efforts expended in preparation of the study. CITY MANAGER SUMMARY: No further action. 2. 21301 BISCAYNE BLVD. PROPERTY APPRAISAL: Mr. Soroka distributed information indicating that the subject property was appraised at $820,000. CITY MANAGER SUMMARY: Consensus to place property on the market for minimum $820,000 and reserve right-of-way. 3. REVIEW OF LDR RELATING TO PARKING GARAGES WITHIN THE BUILDING ENVELOPE (Commissioner Grossman): Commissioner Grossman expressed concern with current code provisions relating to parking structures in commercial areas. CITY MANAGER SUMMARY: Staff to review and make recommendation at a future Workshop Meeting. 4. HOSPITAL DISTRICT LOT SIZE (Mayor Perlow): CITY MANAGER SUMMARY: Deferred to October Workshop Meeting. 5. VILLAGE AT GULFSTREAM PARK DRI UPDATE: Planning Director Joanne Carr provided an update on this project. City Commission concurred that a new east- west artery to 1-95 would be necessary to adequately handle traffic attributed to this project. CITY MANAGER SUMMARY: Staff will continue to monitor and provide regular updates. 6. 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 11 :25 a,rn, Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respeclto any mailer considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: BY: City Commission . . _ c:: Eric M. Soroka, Ci~re Antonio F. Tomei, Capit I Pr jects Manager a...-{j FROM: DATE: September 16, 2004 SUBJECT: Recommendation - Work Authorization No. 01-0103-046 Professional Design Services for NE 207th Street Resurfacing Improvements October 5, 2004 City Commission Meeting Agenda Item ~ Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. 01-0103-046 to Craven Thompson and Associates, Inc. for Professional Design Services for roadway resurfacing improvements to the NE 20th Street Resurfacing project for an amount of $91,600.00. 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 milling and resurfacing NE 20th Street from Biscayne Boulevard to the eastern limit adjacent to One & Two Island place condominiums. The cost includes services pertaining to civil design, permitting, bidding, surveying and construction services. The proposed budget is $370,000. 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. 01-0103-046 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 207TH STREET RESURFACING 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: Section 1. That the City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-046 ($91,600.00) for professional design seNices 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 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 Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 2 PASSED AND ADOPTED this 5th day of October 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZA nON NO. 01-0103-046 The City of Aventura has requested Work Authorization No. 01-0103-046 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, 200 I. This Work Authorization No 01-0 I 03-046 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Design Phase Survey ............................................................................................................. .$26,000.00 Prepare Design Drawings...... .................................................................... ........$26,500.00 Project Management........................................................................................... .$2.500.00 Total Design Phase 1.......................................................................................$55.000.00 Permitting Phase Prepare and Process Permits................... ............................................................ .$3,000.00 Total Permitting Phase......................................................................................$3.000.00 BiddiOl! Phase Prepare Bid Documents....................................... .................. ............................. .$2,000.00 Attend Prebid Meeting/Coordinate on Bid ............................................................. $500.00 Total Bidding Phase ..........................................................................................$2.500.00 Construction Phase Daily Site Visits (based on 120 day const) .......................................................... $25,600.00 Shop Drawing Review......................................................... ....... .......................... $1,000.00 Project Closeout Documentation .................................. ........................................ $2.500.00 Total Construction Phase................................................................................. $29.100.00 Reimbursable Exoenses Printing, Graphics, Communications ..................................................... ..... ...... ....... $500.00 Geotechnical............................. ....................................................... .................... $1,000.00 Couriers, Express Mail, Etc. .................................................................................... $500.00 Total Reimbursable Expenses............................................................................ $2.000.00 Total Estimated Labor Expenses are ................................................................... $89,600.00 Total Estimated Reimbursable Expenses are......................................................... $2,000.00 The time period for this work authorization will be: Design Phase.......................................................... 120 Days Permitting Phase ......................................................90 Days Construction Services Phase (estimate)................... 120 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, P.A. Project Initiation Date RECOMMENDED through its Capital Projects Manager J . BY ~t ~ Capital Projects Manager Antonio F. Tomei It.. day of ':::.cP. ,2004 EXHIBIT "A" Consultant shall prepare roadway milling, resurfacing and pavement marking drawings for NE 207th Street from Biscayne Boulevard to the eastern terminus at The Waterways, approximately 6,000 lineal feet in length. Our scope of service shall include surveying, engineering design and construction services. Consultant will more specifically perform the following: . Prepare Design Survey to include the following: o Establish horizontal control and baseline of survev. This will be accomplished through conventional field traversing based on existing control in the adjacent streets and properties. Baseline control points will be set in order to obtain locations, cross sections and topography sufficient to prepare I "=30' scale maps. The baseline will extend along the route as noted above. Baseline survey points will be set at 500 foot stations, at all changes in direction, and at street intersections. Reference points will be set for ease of baseline replacement during construction. o Recover and establish vertical control Doints (benchmarks). Datum will be in National Geodetic Vertical Datum (NGVD) of 1929. Benchmarks will be set at the 500-foot stations noted above. o Calculate Dlats and ril!hts-of-wav for base maD. CT&A will calculate the rights-of-way, lot lines, and platted easements. These calculations and line work will be used as a base for all future mapping efforts. o Locate rilZht-of-wav and/or Drooertv comers and calculate "best fit" location of platted lands and rights-of-wav. This office will field locate all existing right-of-way monumentation and property comers along the design route and determine the best location or adjustment of the rights-of-way and property parcels. o Obtain location and topographv within the limits of the proiect. We will locate visible fixed improvements (excluding trees) and topography in order to indicate sufficient detail for preparation of the I "=30' scale design survey. This data will include up to 10 feet outside of the right-of-way at all driveways and street intersections. o Provide cross-sections of route at 100-foot intervals. We will establish 100 foot stationing along the route and obtain elevations of existing physical features (cross-sections) to include all changes in elevation. o Utility Locations. This task will consist of locating the visible utilities along the route. Underground location will not be performed. o Obtain elevations of rims of existinjJ storm and sanitarY sewer sYStems. We will locate and obtain elevations of existing rims. o Pavement Markinl!s. We will obtain locations of exiting pavement markings. o Prepare design survev base map in AutoCAD fonnat of all infonnation noted above. This task will include all survey-based data collected through the tasks as noted above. The software used will be Land Development Desktop by AutoDesk. Symbols will be used for most locations and enhanced, where needed, with labels to indicate features. The deliverables will be electronic files of the base data in plan view. The base map will be in one overall electronic file and a CD provided of the file. . Prepare roadway resurfacing and pavement marking plans. . Prepare Engineers Cost Estimate for the proposed improvements. . Prepare and submit construction permit applications. . Process permit applications through agencies. . Prepare technical specification for the inclusion into the City's Bid package. . Miscellaneous coordination with agencies, franchise utilities, and/or City. . Construction services, including periodic observation of the work to assure conformance with specifications and drawings. CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City M ts Manager BY: Antonio F. Tomei, Capital DATE: September 15, 2004 SUBJECT: Yacht Club Way Drainage Improvements - Easement Dedication October 5, 2004 City Commission Meeting Agenda Item ~ Recommendation It is recommended that the City Commission adopt the attached Resolution allowing for a portion of private property be dedicated to the City of Aventura for the Yacht Club Way Drainage Improvement project. Backaround The installation of the drainage system for portions of Yacht Club Way and the intersection of Yacht Club Way and East Country Club Drive required the use of private property for the placement of storm sewer pipe and structures. The owner of the private property agreed to provide an easement to the City. 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 PROVIDING FOR ACCEPTANCE OF DEDICATION OF EASEMENT FROM DONALD SOFFER, AS TRUSTEE UNDER LAND TRUST AGREEMENT NO. SR-1 TO THE CITY OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN A PORTION OF THE STORM SEWER SYSTEM PERTAINING TO THE YACHT CLUB WAY DRAINAGE IMPROVEMENTS PROJECT: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has made storm sewer improvements at and adjacent to the intersection of Yacht Club Way and East Country Club Drive requiring installation of drainage pipe and drainage structures; and WHEREAS, the City does not wish to go through the expenditure and time of removing and reconstructing the east bound lanes of Yacht Club Way to place said drainage pipe and drainage structures to allow outfall to Dumfoundling Bay; and WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the dedication of this private property, and to accept the dedication. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That the easement dedication, as reflected on the attached documents is hereby accepted and the City Manager is hereby 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. Section 2: That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 3: That this Resolution shall be effective immediately upon adoption hereof. The foregoing resolution was offered by The motion was seconded by as follows: , who moved its adoption. and upon being put to a vote, the vote was Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2004-_ Page 2 PASSED AND ADOPTED this 5th day of October, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TillS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Steven W. Zelkowitz, Esq. WEISS SEROTA HELFMAN P ASTORlZA GUEDES COLE & BONISKE, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305) 854-0800 For Recording Purposes Only EASEMENT AGREEMENT TillS EASEMENT AGREEMENT (this "Agreement") is made this _ day of June, 2004 by and between DONALD SOFFER, AS TRUSTEE UNDER LAND TRUST AGREEMENT NO. SR-1 DATED JULY 1, 1987, having an address at 19501 Biscayne Boulevard, Suite 400, Aventura, FL 33180 (hereinafter referred to as the "GRANTOR"), and the CITY OF AVENTURA, a Florida municipal corporation, having an address at 19200 West Country Club Drive, A ventura, Florida 33180 (hereinafter referred to as the "GRANTEE"). REC!T A~~: 1. GRANTOR owns fee simple title to certain real property located in Miami-Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Parent Tract"). 2. GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement for the limited purposes of: (i) installing and maintaining a storm sewer system upon a portion of the Parent Tract as more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "Property"); and (ii) installing, maintaining, repairing and replacing utilities related solely to the maintenance of the storm sewer system installed upon the Property such as underground storm sewer pipe and exposed storm sewer structures at grade, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum ofTEN AND NO/IOO DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Agreement as if fully set forth herein. 2. Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents independent contractors, successors and assigns, a non-exclusive, perpetual easement in, over, under, upon, across and through the Property for the limited purposes of installing and maintaining a storm sewer system and related utilities such as exposed storm sewer structures, as well as ingress and egress in, over, under, upon, across and through the Property with full rights and authority to enter upon the Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain such work. The parties acknowledge that the initial work upon the Property shall be installed and constructed substantially in accordance with the plans and specifications prepared by Craven Thompson & Associates, Inc. under City Project No. 04-02-13-2 dated January 14, 2003, as amended (the "Plans and Specifications"). Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily locate its equipment and materials on the property of GRANTOR immediately adjoining the Property as may be necessary to perform the foregoing. 3. ImDrovements and Restoration. In the event the GRANTEE abandons the easement herein granted by failing to install the storm sewer system described in the Plans and Specifications on or before August 31, 2004 or by making known its intention not to maintain the storm sewer system as otherwise required by this Agreement, then the GRANTEE shall restore the Property and any improvements thereon to their prior existing condition at no cost or expense to GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR. GRANTEE shall use its best efforts to not to impact to GRANTOR's ongoing activities on the Property in exercising its rights hereunder. GRANTOR and its successors and assigns, agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, over or under the Property that may interfere with the storm sewer systems installed, constructed and/or maintained by GRANTEE on, over or under the Property and/or adversely affect GRANTEE's rights hereunder. . 4. Relocation of Easement. GRANTOR may, from time to time, relocate or reconfigure the easement herein granted, as long as such relocation or reconfiguration of the easement, once completed, does not adversely affect the use, operation and/or level of service for GRANTEE's purposes as set forth in Section 2 above and otherwise complies with the requirements of this Section 4. GRANTOR agrees to act in good faith and to proceed diligently and expeditiously with any relocation or reconfiguration of the easement including, but not limited to, the relocation of the storm sewer system and all related utilities located in, on, over or under the Property, GRANTOR and GRANTEE shall mutually agree upon a construction schedule so that, once commenced, the relocation or reconfiguration of the easement will be accomplished in a timely manner so as to allow GRANTEE continued and uninterrupted use of the utilities so as to minimize the time of any service disruption. 4.1 Notice of Relocation. If GRANTOR wishes to relocate the easement or any portion thereof, GRANTOR shall deliver to the GRANTEE a written notice of its desire to relocate the easement (the "Notice of Relocation"), along with a sketch and legal description showing the proposed new location for the easement and the new configuration of the storm sewer system and related utilities (the "Relocated Easement"). The Relocated Easement shall be the same size as the Property or larger, and shall be adequate to serve the purposes served by the easement granted in 2 Section 2 above. 4.2 Review of Relocated Easement. GRANTEE and its engineers and consultants will have a period of thirty (30) days after receipt of the Notice of Relocation to approve the Relocated Easement and will not unreasonably withhold its approval. If the GRANTEE has any objections to the Relocated Easement, GRANTEE must submit its objections to GRANTOR in writing within thirty (30) days after its receipt of the Notice of Relocation. GRANTOR and GRANTEE will use best efforts to resolve the City's objections to the Relocated Easement. The approval by the GRANTEE of the Relocated Easement pursuant to this Agreement shall not constitute (i) a representation or warranty that such comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable governmental authorities, it being expressly understood that the responsibility therefore shall at all times remain with the GRANTOR, and (ii) the approval of GRANTEE in its capacity as a governmental authority, it being expressly understood that GRANTOR is subject to all applicable ordinances, rules, regulations and procedures of the City of A ventura and that GRANTOR shall have the responsibility, at its sole cost and expense, to obtain all governmental approvals applicable to the Relocated Easement and the relocation of the storm sewer system and all related utilities located in, on, over or under the Property. 4.3 Cost of Relocation of Easement. Subject to GRANTEE's reimbursement obligations set forth below, GRANTOR shall be responsible for and promptly pay all costs and expenses associated with the relocation of the easement including, but not limited to, the design, engineering and construction of all improvements, the relocation and protection of all utilities, governmental approvals and permits (collectively, the Relocated Easement Costs"). The Relocated Easement Costs shall specifically exclude the costs and expenses of the GRANTOR's and GRANTEE's attorneys, it being understood that each party shall bear its own legal fees and costs. Following the completion of the Relocated Easement, GRANTEE agrees to reimburse GRANTOR fifty percent (50%) of the Relocated Easement Costs subject to the following requirements. Following completion of the Relocated Easement (as evidenced by the issuance of a certificate of use or other applicable governmental approval that the Relocated Easement is complete), GRANTOR shall provide to the GRANTEE a written statement, signed by GRANTOR and certified by it to be true and correct, setting forth the Relocated Easement Costs expended by GRANTOR. The statement shall be in such form and style and contain such details and breakdowns as GRANTEE may reasonably determine or require. The statement shall be prepared in accordance with generally accepted accounting principles and shall also include copies of paid invoices to third parties including, but not limited to, architects, engineers, consultants, materialmen and contractors as well as such other documentation required by the GRANTEE to support the amounts expended by GRANTOR for the Relocated Easement Costs. Only actual bona fide third party costs and expenses for design, engineering, labor and materials, relocation and protection of all utilities, and governmental approvals and permits shall be considered Relocated Easement Costs. The costs of salaries and benefits for GRANTOR's own employees as well as overhead, administrative, accounting and legal fees and costs shall not be considered Relocated Easement Costs and shall not be subject to the GRANTOR's reimbursement obligation. Within thirty (30) days of the submission of the required statement and documentation, GRANTEE shall pay GRANTOR fifty percent (50%) of the Relocated Easement Costs provided; however, GRANTEE shall not be required to pay any 3 Relocated Easement Costs to reasonably and in good faith disputed in writing by GRANTEE within said thirty (30) day period; provided, further, that the foregoing shall not relieve GRANTOR from its obligation to pay all undisputed Relocation Easement Costs within said thirty (30) day period. GRANTOR agrees that the GRANTEE or its duly authorized representatives shall have access to and the rights to examine, reproduce, and audit any of the GRANTOR's books, documents, papers and records which apply to the Relocated Easement Costs. Such records shall conform to generally accepted accounting principles and requirements. 4.4 Recordin!! of Relocated Easement. If GRANTOR and GRANTEE have agreed upon the location of the Relocated Easement, the parties will sign and record an amendment to this Agreement setting forth the location and description of the Relocated Easement, which shall be recorded in the Public Records of Miami-Dade County at GRANTOR's cost and expense. 5. GRANTOR's Ri!!ht to Connect to Storm Sewer Svstem. Subject to the terms and conditions of this Section 5, GRANTOR may connect to the storm sewer system in, on, over or under the Property. Grantor's right to connect to the storm sewer system is conditioned upon (i) the availability of adequate capacity, at the time of the proposed connection, (ii) GRANTOR obtaining all applicable governmental approvals and permits, (iii) GRANTOR's compliance with applicable laws including all applicable ordinances, rules, regulations and procedures of the City of A ventura; and (iv) the payment of all costs and expenses as set forth in the last sentience of this Section 5. GRANTOR agrees to act in good faith and to proceed diligently and expeditiously with any connection to the storm sewer system in a timely manner so as to allow GRANTEE continued and uninterrupted use of the utilities so as to minimize the time of any service disruption. GRANTOR shall be responsible for and promptly pay all costs and expenses associated with the connection to the storm sewer system including, but not limited to, the design and construction of all improvements, the relocation and protection of all utilities, governmental approvals and permits, and the reasonable costs and expenses of the GRANTEE and its engineers, consultants to review and evaluate the proposed connection including legal fees and costs. 6. Warranties and Representations. GRANTOR does hereby covenant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has good and lawful right to enter into this Agreement and convey said easement; and (c) all applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Agreement. GRANTOR acknowledges that GRANTEE is materially relying on the representations as herein expressed. 7. Covenants Runnin!! with the Land. This Agreement, and the rights and interests created herein shall run with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 8. Indemnification. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, GRANTEE agrees to inderrmify and hold 4 GRANTOR harmless from and against any and all damages, liabilities, costs and matters relating to or arising out of the exercise of its rights under this Agreement, except for any claims arising due to the acts or omissions of GRANTOR. 9. Miscellaneous. This Agreement shall be construed under the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Agreement and any amendments hereto in the Public Records of Miami-Dade County, Florida. This Agreement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Miami-Dade County, Florida. 10. No Personal Liabilitv of Trustee. GRANTEE acknowledges that this Agreement is entered into by a trustee as GRANTOR, and GRANTEE agrees that GRANTOR shall not have any personal liability under this Agreement or any document executed in connection with the transactions contemplated by this Agreement IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused these presents to be executed by its duly authorized officer or representative as of the day and year first above written. WITNESSES: GRANTOR: :~~~~ D D SOFFER, AS TRUSTEE UNDER LAND TRUST AGREEMENT NO. SR-l DATED JULY 1, 1987 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) TIDS IS TO CERTIFY, that on this /~ Q day ~~1e64, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared DONALD SOFFER, AS TRUSTEfl UNDER LAND TRUST AGREEMENT NO. SR-l DATED JULY 1, 1987, who (check one) M is personally known to me or [ ] produced as identification. ;L -::1~ 'k.Cl y- NOTARYPUBWC Print Name: (Cotlll"rr. ~414J My Commission Expires: 5 i':l'\. Ron. F Asman ~~ ; My Com_ 00298807 "....'I' Exp<res May 28. 2008 Attest: Teresa M. Soroka, CMC City Clerk Approved as to legal form and sufficiency: By: City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE ) GRANTEE: CITY OF A VENTURA, a Florida municipal corporation By: Eric M. Soroka City Manager Dated: ,2004 ) SS: TIllS IS TO CERTIFY, that on this day of June, 2004, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared ERIC M, SOROKA, as CITY MANAGER of the CITY OF A VENTURA, a Florida municipal corporation, on behalf of the municipal corporation, who (check one) [ ] is personally known to me or [ ] produced as identification. NOTARY PUBLIC Print Name: My Commission Expires: 6 EXHIBIT "A" PARENT TRACT Certain real property located in Miami-Dade County, Florida more particularly described as follows: Tract "GG" of FIFTH ADDITION, BISCA YNE YACHT AND COUNTRY CLUB, according to the Plat thereof, as recorded in Plat Book 99, at Page 20 of the Public Records of Miami-Dade County, Florida. 7 EXHIBIT "B" PROPERTY 8 DESCRIPTION (15' DRAINAGE EASEMENT) A 1500 FOOT WIOE STRIP OF LAND LYING IN TRACT GG OF "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB:' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI~DADE COUNTY, FLORIDA, SAID STRIP LYING 7.50 FEET EACH SIDE OF AS MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLlNES: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT GG; THENCE SOUTH 86' 13' 27" EAST, ALONG THE NORTH BOUNDARY OF SAID TRACt GG, ALSO BEING ALONG THE SOUTH BOUNDARY TRACT aa AS SHOWN ON SAID PLAT, A DISTANCE OF 72.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 210 24' 59" EAST, A DISTANCE OF 43.47 FEET; THENCE SOUTH 860 13' 27" EAST, A DISTANCE OF 133.61 FEET TO A POINT, SAID POINT TO BE HEREINAFTER KNOWN AS REFERENCE POINT "A"; THENCE CONTINUE SOUTH 860 13' 27" EAST, A DISTANCE OF 277.59 FEET TO THE POINT OF TERMINATION, SAID POINT BEING ON THE EAST BOUNDARY OF SAID TRACT GG. TOGETHER WITH: BEGINNING AT SAID REFERENCE POINT "A"; THENCE NORTH 030 46' 33" EAST, A DISTANCE OF 39.34 FEET TO THE POINT OF TERMINATION, SAID POINT BEING ON SAID NORTH BOUNDARY. SAID LANDS SITUATE IN THE CITY OF AVENTURA. MIAMI-DADE COUNTY, FLORIDA. THE BEARINGS REFERENCED HEREIN ARE BASED ON A BEARING OF SOUTH 860 13' 27" EAST ALONG THE NORTH BOUNDARY OF SAID TRACT GG AS SHOWN ON SAID PLAT. 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 CRAVEN THOMPSON & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZAT:ON NUMBER LB 271 -'\ ~'zb\ ~ LTING ONAL SURVEYOR AND M FLORIDA , Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. SHEET I OF 2 eTA JOB NO. 01-0103 OATE:July 14,2003 REV: ApriJ 20.2004 N:\ClericalVOBS\1001\Oj.0I03\LEOALlOG ORNG EASE. doc ,. CRAVEN -THOMPSON & ASSOCIATES. INC. ENGINEERS PLANNERS SURVEYORS 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400 FAX, (954) 739-6409 FOR CITY OF A VENTURA ~ 1= ;; ~ 1j~ ~'" > ~81 nN > e 1<1 l .:s ( I I I I I I I I m ~ iii - > ~"ll~ T!l:r>1 c~, ~g>::!l ~~g~;a g:g~~fi Z. 00-1 ~~n&C'l ~~~2:n iN;a co, ~ p e m .~ / - (, I I '1:1:0 I I ~~ I I ~ '" !f: ~ , lIJ~ ~ ~ fJ~ 1I,j" ~ Zz '-I..... ~..... ni' . ~., I ': I I I I I L_ ,~ I I -I -I I ~J ~~ "Il ".)~ Q .... ~ t I ;;! I I ~ I I I ~ I I . _/ E:. sOUN 2~1! -w.'B~'ri~.~cr,GG I. J Nt.,. TRACT 00 . . I '- I J J I I UPDATES and/or REVISIONS I I I I I I ~: THIS IS !ill! A SKETCH Of SURVEY, but only a graplllc depiction of the d..crlptlon ehown h.,.,on. Th.... hoe b,." no n"d woO:, vll.lnti) of the lubjlct prop...ty, or manumeoll..t In conn.ctlon ...Ith thl preparation of till! Information shown hereon. SKETCH TO ACCOMPANY DESCRIPTION 15' DRAINAGE EASEMENT w. . BOUNDARY ~ TRACT GG '" '''" ~~ ","" ",,! <>! '----<-- ~,.5;OO. II go' i 7.50'" go' ~50' " go" I I :", l!li ." J::J ..... <>! I I I I - "- "- 1RAcr B/SeA, '\'Nt FlF1k AD 00 PLA lACI1T A",gmON MI"'J.lI_DA~ 99, ~A~~~Y ClUe COUNTY ~ 20 ""CORos DATE REVISE LOCA nON JOB NO.: 01-0103 20 0 JVN . DRAWN BY: JVN ~T I I I I I I I I I I i I I I I I I I N I I q. ~I I,,~ : I~~ I I~iil l,:j~ I 1<1. I ~ I g I I I I I I I I I I I I I I I I I I I I I I I ..J.-L, - - EAST COUNTRY CLUB ORt~ ~.-._. I~ "", "" ::I~ %-0 ':" ~Q V.,' ~~ ~.., ~~ ~~ >~ Q~ g~ I ;Z:Yl . Q ~ . Q ~ I I I I I I I I ~ g~: _ 0 . II 0> o '" - 0 ~ ~ i'! - > f~~ ~;~:!I gQ2~iJ o~-I :.. g",~~o 2'."'02-1 ~"CIo;;:lO :ol;giO ~P'I<l: i~it c ' ~ p e m ./ ./ ./ ../ ./ . . -.../ . SHEET 2 OF 2 SHEETS !iQJI Th. und....lgned and CRAVEN-THQMPSOfIl &: ASSOCIATES, tNC. mak. na reprn_tatlan. or guarant... al ta the information r.tI.cted h.reon pertaining ta .a..m..h, righto-af-wa)', ..t back IIn.., r....-wtlan.. ag....m..h and ath... .imKor matler.. and furth.,., thl,ln,tnlm.nt Is nat lnt_Oed to retlect or lit forth all ....ch matt...... Such information ehould b. obtained and contlrmed b)' athw. through appraprlat. 1111. verification. MQIt Londo Ihawn her.an w.,.. nat abstract.d for rlght-af 000)' and/or .aeem_t. af r.cord. RY G: \2001 \01010.3.011 \DWG\GGJJRAIN EASE-REV.DWG CHECKED BY: RJY F.B. PG. DATED: 7-14-03 BY CK'O gig ~.~ ~I~ " ~I: nn iiig I I ~ m ~ ~ ~ " ~ 100' ~ giJ pf; :;;~ l8 , CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City Manag TO: City Commission BY: Teresa M, Soroka, CMC, City CI DATE: September 22,2004 SUBJECT: Increase in Fees for Lien Search Information 1st Reading October 5,2004 City Commission Meeting Agenda Item l 2nd Reading November _, 2004 City Commission Meeting Agenda Item _ Recommendation It is recommended that the City Commission enact the attached Ordinance which provides for an increase in fees for lien search information. Backaround During the first year of incorporation, a fee of $25 was established for provision of lien search information. In recent months, we have received requests to include in our response information concerning open building permits, This requires further research and employee time, and therefore it is recommended that the fee for lien search information be increased from the current charge of $25 to $50. A review of neighboring municipalities indicates that this increase is equivalent to the fees charged by the cities of Hallandale Beach and Hollywood. If you have any questions or need any additional information, please feel free to contact me. ORDINANCE NO. 2004-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", AT ARTICLE IV "FINANCE", BY AMENDING SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING PENDING CHARGES OR LIENS; PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 2-232 of Chapter 2 of the City Code of the City of Aventura provides for fees for information concerning pending charges or liens, preparation and recording of liens and lien satisfactions; and WHEREAS, the City Commission desires to provide for an increase in the fees for information concerning pending charges or liens. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the recital stated above is hereby adopted and confirmed, Section 2. City Code Amended. That paragraph (a) of Section 2-232 "Requests for information concerning pending charges or liens; preparation and recording of liens and lien satisfactions" of Chapter 2 "Administration" of the City Code is hereby amended to read as follows: 1 Sec. 2-232. Reauests for information concernina pendina charaes or liens: preparation and recordina of liens and lien satisfactions. (a) A minimum service fee of $28,00 $50.00 per request shall be charged to a person making a request for information concerning outstanding or pending charges or liens. Requests which require I, Proposed additions to existing Ordinance text are indicaled by underlinin2; proposed deletions from existing Ordinance text are indicated by s1:filEeHvsHgh. Ordinance No, 2004-_ Page 2 more than one hour of clerical time shall be assessed additional fees of $25.00 per hour. Section 3. 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 4. 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 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. This Ordinance shall be effective immediately Section 5. Effective Date. 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 Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow 2 Ordinance No. 2004-_ Page 3 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 Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading 5th day of October, 2004. PASSED AND ADOPTED on second reading this _ day of November, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AICP Planning Director TO: City Commission FROM: Eric M. Soroka, IC City Manager DATE: September 13, 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 7B October 5, 2004 City Commission Meeting Agenda Item q REVISED 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. The maximum height of the building remains unchanged at 186'6". BACKGROUND The proposed ordinance revising the number of stories from 18 to 19 and revising the overall maximum height from 186'6" to 183'8" for the north condominium parcel of the Aventura Landings development was approved by the City Commission on first reading on September 7, 2004, with one revision. The number of stories was approved to change from 18 to 19 but the overall maximum height of the building is to remain as originally approved at 186'6". This will allow the applicant the flexibility to increase floor heights. The amended ordinance and amended Development Agreement are attached for second reading. 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; 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 "8" 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 WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application and has considered the testimony of all interested parties at the public hearings, and has determined that the amendment to development agreement requested by the applicant is appropriate; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the application to amend Exhibit "B" of the approved Development Agreement dated September 2, 2003 made between Merco Group at Ordinance No. 2004- Page 2 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 for property described in Exhibit "AU 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 Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Grossman 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 yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Ken Cohen Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Mayor Jeffrey M. Perlow PASSED on first reading this 7th day of September, 2004. Ordinance No. 2004- Page 3 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 October, 2004, CITY CLERK I L.egal Description t:A1111:J11 I-^ I I Tr.ct"A": The North 310.86 feeL of the follO'fl'ing dcscnbed property: /.. porticn of the Southwest 1/4. of Froctional Section 3. TOlll'n$hip 52 South. Rooge 42 East. Miami-Dade County. Florido. being mor, particutoriy descri>ed as follows: I I Begin at the Southwest corner of the Horthwe$l 1/4. of the Soutneasl 1/4. of the Southwest 1/4. of .oid froctionol Section 3; thClOce NB9degS9min26.ecW, along the South line of the Northeast 1/4. of the Southwest 1/4. of the Southwest 1/4. of said Section J. ,... BO.21 feet: thence NOOdegOlmi145secE for 310.86 feel to Q point 00 i:l curve (said point bears S.OOdeq08min15$ccW h-om the radius point of .the ncxt described' circutar curve); thence Southeasterly, along a cirOJlor curve to the len (conca.. to the Northeast). ha,;"g a radius of. 694.69 feel and a cenlral angle of OOdegOGminJOsec for on ore ci.slance .of I.J1 fut to a point of tangency. thence S89deg56min1~ec:E. along 0 line parala with and 20.00 feet South of os meoSUfed ot right ongl. to the North rone of the South 1/2. of the North.est 1/4 of the Southeast 1/4. of th. .South...t 1/4. of .old Section J. for' 4Jl,94 fe.t thenc. SOOdegOOmin45seeW. dong the W..taiy Right-of-Way line 0' NL 28th Court and 1\0 Southaiy prolongation oS recorded' in Offielol Records Bool< 6~ Poge 160 0' the Public Reeords of lliami-Dode taonty. FloridG, for 760.62 f.et thence H89de959maZSsecW. oIon9 0 line porolle! with ond 449.91 'eel South 01.0. meallKed 01 righl on9l" to the North r... of the South.est. 1/4. of the 5oUth.est 1/4. 0' the Southwest 1/4. 01 said Section 3. lor 346,87 'ee~ thence NOO,leg46min5:z.ecW. dong the East r"e 0/ the South.est 1/4. 01 the South..st 1/4. of soid Section 3. ler 449.9S 'eet to the POINT Of' BEGINNING. l)log ond bein9 n loIiaml-oode County. Florida. TRACT "BOI: I I I I I I I I I Th. South 449,91 feet af the' fallo..ing described property. A portion af the South.est 1/4 of Fractional Section J. Township 52 South. Ran91: 42 East. Miami-Dade County. Florida, being more portieulariy de.crt>.d as follows: Begin ot the South.e.t com<r' 01 th. North.est 1/4 of the Southeast 1/4 of the South.est 1/4 0' sold Fl'llCtionoC Sectlon: J; \l1enee N89<1"'l59mn~5SecW. along the South line of the North"",t 1 /4 0' the Southwest 1/4 <J( the South.est 1/4. of aoid Section 3. Ia< 80,21 'eet thence NOOdeg01min4Ssec:E for 31Q,~ 'eel to . poCit on 0 CUNe (sold poinl beol'S SOO<l<9<l8m"'SsecW from the rocfus point 01 . th. nut dcscrlled cirallor ane); thence Southeostaly; don9 . . deallor CUNe to the left (conca.. to the Northeast). h......g ... . ~dius of 694.69 feet and 0 CCtltral ClI1gl. of OOdeg06min3Oaec lor on ore c1ist""~ 01 1.31 ,f.et to 0 point of 'l""geney. thence S89degSllminlSsecE. dong 0 rille poroIIe! with ond 20,00 feet Sou1h of 0' measured at righl 01191" to, the North lint 01 the South 1/2 of the North.est 1/4 of the Southeost 1/4 ol-lhe South.est 1/4 01 sold Section 3. for 43L94 'eet thence SOOdegOOmin45secW. dong the Wesletly Right-of-Way fone 0' Not. 28th Court and I\.s Southaiy prdongolion .s re....ded in (O'fidol Rec...ds Book 6088. Poge laO of the PWUe Records 0' I.liomi-ood. County. Florida. lor 760.62 feet thence N89deg59mnZSsecW. oIong 0 r"e porde! with and 449.91 feet South of. os m..sured ot right ongles to the North ron. a' the South...t 1/4 af th. South...t 1/4 al the South.estl/4 af sold Section 3. for 30\.6.87 teet thence NOOdeg~in5:z.ecW. oIong the East r"e.f the South.est 1/4 af the South.est 1/4. of said Section 3. for '449.95 'eet to the POINT Of' BEGINNING. l)log end bein9 in IIIomHlod. County. Rorida. I I I , I . TRACT "e": . A portion of the (osl 1/2 of the South~..l 1/4 of the SouthC<lst 1/4 of the South~..t.l/4 of rroctionol Seclion J. Township 52 South. Ronqe 42 EasL UIOmI-Oade County, Florida. beint] more partio..rlorfy desatbed os follows: I I Commence al the North..est corner of the (ost 1/2 of the South~est 1/4 or the South.ost 1/1 of the Southwest 1/4 or said Fractionol Section J: thenc.' run S89deg59min25sec6c oIoog the North ixMldorJ. o~- . the East 1/2 at the South..est 1/4 of the South..st 1/4 of the Southw.,II/4of said ,froctionol Section J, 0 dislanc. 0/ 90.\7- feet to the po.,t of .,!ersection with Eosl Right-at-Way boundary of Northeast 28th Court as desc::riJed in that c:ert.oin Right-at-Wo)' Oced to ~de CQunty, tied on September 10. 1968. in Officio! Records Book 6088, Page 160 af the Public Records of Miami-Dode County. Rondo, being the POINT Of BEGINNING of the porcd of lond he".,o~er to be desaibed: thence run SOOd~00mii145secW dong the ~(Q(e:sOId' descrmed fine, (I diStOl1Ct of 361.28 feet to the pont of Itllerseclion with Q lile that is JOO.oo teet North of and 'parole! to the South boundary ot the Eost 1/2 at the Southw"I'I/4 of the South..st 1/4 of the South...l 1/4 at laid Fructiond Section 3' thence I\IC\ H89de9S7minS4secE d~ the "'st dcscril<d line.'o dislanc. 0' ~,28 I..t to 0 point, soid point. beitg 4lj,7S. feet Wesl 01 the Eut boundOl)' of the South..,11/4 of the Southeost 1/4 01 the South.est 1/4 01 said. Ftac:tiond 3; lh<nce run NOOdeqOOmi14SseeE d""g 0 lite thol Is 200.28 leel Ea.1 Of ond pa-oIIel to the said East boutldory ot N<<1heost 28th CoUrt. 0 dist..ce 01 361.18 teel 10 the point 01 inlersection with the Horth boutldory 01 the South.esl 1/4 of the Southeost 1/4 of the South...1 1/4 of soid troclional Section 3; thence' f\ln H89deg59min2SsecW along the lost described lite. 0 distonce or 200,28 f..1 10 the .. POINT Of' BEGlNNING~" . I . I I I I I I I ROAD TRACI: The\. poM.lQn of Q 70~ao teel' 'Wide Rlqht-of-Woy for N.E. 28th Court as desCt'bed in Official Records Book 6068. at Page 160 of the Pubtic Records of Ioliomi-Dade County. Florido, l)ing South of the 'North line of the Eool 1/'2.. at th. SOUth....t 1/4, of \he Southeo.t 1/4. of the Southwest 1/4, at Section 3. Township 52 Soulh; Range 42 Eosl. City 01 A_Iura, I.(ioml-oode County, FlOrida. '. ALSO KNO'Mi AS: A portion of the East 1/2. at the Southwest 1/4, 01 the sOuth_t 1/4. 01 the South...t 1/4 01 Fractional Section 3. Township 52 South, R,,!,ge 42 EOll. . U.iomi-~Qde County. Ronda. being more portk::ulat1y desaibcd a. follaws: Commence at the HortJnu:st comer of the East 1/2. of the SoutI1wc:st. 1} I., of the SoIltheoll 1/4. ot the South...t 1/4, 01 laid Section 3: thence S89deq59mIn2SsecE. along the North Une 01 the East 1/2. at' the South....! 1/4,., of the Southccst 1/4. of the Southwest 1/4. 0' laid Section J. for 0 distance of 20.17 feet to its inluscction with the Wesl Right-at-Way Line of Northeost 26th Court. os described in that certain Rlqht.-of-'Hoy Cced to Miomi-oGde County. tied on September 10th. 196a. \n Off\(;\d Rceordos Boo't. 6068, PQq~ 16Q of the Public: Records of Miami-Cede County, florida, .aid point oIsa bein9 the POtNT OF 8EGNNING of the hereinafter described Parcel of lQna~ thcnct cQnUn....e S89dcq59min25sccE:. alan9 the last described U(le, a distance 01 70.00 feet 10 lis Inlersection with Eoot Right-at-Way Une of loid Nann eo.! 26th Court: thenc. SOOdegOlmln45lecW. along .oid Eosl Right-of-..oy Une of Northeast 26th Court. for -49,95 teet; thence N89deQ59mln251ecYf lor 70,00 I I I I . . feet to its intersection '<Nith said Wut Ri9ht-c;;f-woy Une of Northeast 28th Court: thence NOOde90~min"'5secE. 010:\9 said West Rillhl-of-..ay Line or Northeast 26th CO\J(t. for 4-4.9.'35 feet l<J the POINT OF 8EQNNINC. . . LESS: A pertion ef the Eest 1/2. of the Southwest 1/~. ef the Southeest 1/<. ef the Southwcst 1/4 of Fractional Section 3. Townshlp 52 South. RonQc 42 Eost. Irdiami-Oade County, Ronda, beinQ morc particularly described as fellows: I Commence at the Northwest corner 0.1 the East 1/~ of the Southwest 1/4. ot the Southeast 1/4. at the Southwest 1/4, of said Section 3: thence S89dcg59min25secE. olong the North Line of the East 1/2. of the Southwest 1/4.,01 the SoutheClst 1/4. of the Southwest 1/4. of said Section J, (or a distance of 90.17 feet to it! intersection with the East Ri9hl-o(-Way Une of Northeast 28th Court. as described in that certain Right-of-Way Deed to -"Uomi-Oode County. filed on September lOth. 1968. in Officio( Records Book 606B. Page 160 of the PUblic Records of Miaml-Dode County, Florida: thence SOOde901mln~5secW. elen9 the lest described line for 361.33. feet te the POINT Of' BEGINNING of the herelnefter described Percel ef Lond: lh,once 500de901mln~5seeW for &,62 leet: thonce N89d0959min25sceW fer 35,00 f.et; thence NOOdcc;Olmin4SsecE .for 8a.60 feet: thence N89(h:95~rnin54IiCeE fOf', J5.00 I..t te the POINT Of' BEGINNING, . Ccntoln1n9 28.395.07 Squore P..t C<1d/or 0,65 Acres m.ore or less. . I I I I I I I -- I I I r , , 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 AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA 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 ofland (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 ofthe 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 permit 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: I. Recitals. The recitals set forth above are incorporated herein and form an integral part of the Modification. 2. The "Condominium Parcel" paragraph of Exhibit B to the Agreement is hereby modified as follows: FROM: Condominium Parcel. (North of Proposed NE 185lh Street and west ofNE 28th Court), This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 18 stories or 186' - 6", TO: Condominium Parcel. (North of Proposed NE 185lh Street and west ofNE 28th Court), This parcel is 2.30 acres gross, and 1.89 acres net. Proposed development of this parcel is for 205 condominium units under the RMF4 zoning district regulations. Proposed maximum roof height is 19 stories or 186' - 6". 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, WITNESSES: MERCO GROUP AT AVENTURA LANDINGS I, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT AVENTURA LANDINGS II, INC By: Print Name: Print Name: Title: Print Name: WITNESSES: MERCO GROUP AT A VENTURA LANDINGS III, INC By: Print Name: Print Name: Title: Print Name: CITY OF A VENTURA, FLORIDA Attest: By: By: Teresa Soroka, Oerk Eric M. Soroka, City Manager (Space reselVed for Clerk) JOINDER BY MORTGAGEE CORPORATION The undersigned Citv National Mortoaoe of Florida , a Florida (state) corporation and Mortgagee under that certain mortgage from Merco Group at Aventura Landinos I. II. and III. Inc. dated the 19 day of November " and recorded in Official Records Book 21842 , Page 357 . of the Public Records of Miami-Dade County, Florida, covering alllor 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 d~ day of Auoust 2004 . , ~ J? ~-" -.., Print Name City National Bank of Florida Name of Corporation Address: ~~I:~l~'~oot- By /_ /7'~l -5", V',~ .Qu,'.~ (President, Vice-President or CEO") Print Name: 4Jwd (k-o.1/~ I . rNote: All others require attachment of original corporate resolution of authorization] (Space reserved for Clerk) STATE OF Florida COUNTY OF Miami-Dade The foregoing m(ie. ~ 5.. ;Cl~:~ behalf of the (Tille) corporation, (Name) He/She is personally known , as iderlflfication. to Witness my ~t~ instrument the was acknowledged before me by of (Name) City National Bank of Florida corporation, on me has produced or signature and ,!;:a:A official seal this dl!:- day , in the County and State aforesaid. of My Commission Expires: Print Name Public-State of 4,.;"'" 1"0 RlITH SCHIt..DBACH '*'~. 'MYCOMMISSlONlOO1B6122 . , : I EXPIRES: May 27. 2007 . .~\l' Bcmedl1V\lNalaryNlk:~ I Legal Description I I Tract "A": The North 310.86 feeL of the (ollo'll'ing dcscnbcd property: /.. porticn of the Southwest 1/4. of fractional Section J. Township 52 South. Ronge 42 EasL. Miomi-Oade County. FlaMda. be"9 mare particularly descriJed a. fallows: I Begin ot the Soutt\1u:st corner of the Northwest 1/4. 01 the Soutneosl 1/4. 01 the Southwest 1/4. 01 ,aid fractional Seetion 3; thence N89de959mn26.eeW. alon9 the South line al the Nartheost 1/4, af the Southwest 1/4, of the Southwe.t 1/4. 01 said Section J. 10(80.21 feet: thence NOOdcgOlmin45ucE for .310.86 feel to a point on Q ClJf'Ve (said poUlt bco.rs S,OOdeq08min15secW from the radius point of .the next described circutor curve): Uunce Southeasterly, 0(009 Q cW'OJlor curve to the left (concave to the Northeast), hOMg G radius of. 694.69 teel and G central angle of OOdcg06minJOsec 'or an orc distance .of 1.Jl feot ta a pa"t of ton9encY. thence S89dI955minl~ecE. alon9 0 line pO(alct with and 20.00 I..t South 01 os moosur~ 01 ri9ht onCJle to the Harth rllo of the South 1/2. 01 the Hor1h..,t 1/4 01 the Sout/Ieost 1/4. of tho .South...t 1/4. of .old Section J. lor' 431.94 leet; thenco SOOdegOOmin45...,W. a1""9 tho WCltarly Ri9/1t-of-Woy rm of H.E. 28th Cocrl and III Southaty proI""90tIon oi recordod' in Oftieiol Record. Book 6OM. P090 1&0 of 11I0 l'1Iblic Records of lIiomH)odc c-ty. FloridG. far 760,62 feet thence H89de9S9m"2:5IecW. alon9 a 1'1I0 poroltct wllh and 449.9\ f.ot South of. OJ m......ed at ri9>t on9l" 10 tho Harth lino of tho South...t. 1/4, of the Sacjth.ost 1/4.. o.f the South...l 1/4. of .oid Secllon 3. far 340,87 foe~ thenco NOOcle945min5lseeW. a1on9 tho East r", of the South.esl 1/4. of tho Sa<Jth.est 1/4. of said Seeticn 3. 10( 449,95 feot 10 the POINT Of' BEGINNING. 1,;09 and bO"9 in Miaml-Dade Caunty. FlaMda. I I I I I I TRAct "B": Tho South 449.91 leo~ of tho' follaw."9 described property: A parti"" a' th.South..st 1/4 or fractional Section J. Township 52 South, Range 42 EasL Miami-Oade County. Aorida. being more particuloriy desailod a, follows: e09" at tho South...l .omer. of the Horth...ll/4 of tho South..st 1/4 of th. Southwest 1/4 or .old froctiOnoC Sectlan: 3; thence N89deg59minZSSecW. oIon9 the South line 01 th. _..sl 1/4 01 tho South...l 1/4 <It'the South...t 1/4. of said So.lIon 3. lar ,80,21 feet; llionce HOOcleg01min45seeE for 31o.~ feel to a point on a 00M'W (&did point bears SOO4eg08m..l~ecW from tho rod'.... point of . tho nul deserlled circular ane); than... Southeasterly; along a . c:ictulor...... to tho lell (conco.. to tho Harth....t). hoW:lg .0. . rodiu. of 694.69 feet and a ....troI anglo of OOdeg06n1in301cc far on ore chton~ of 1.31 . feet to . poinl 01 .tonQoncy. thence S89dl9S8minl~eeE. a1on9 a rlllo pq'OI\ct wIlb and 20.00 feet South of os m..sured 0\ ri9h1 on9l" to. tho. Harth Iin. 01 the South 1/2 of the Harth...t 1/4 of tho Southoosl 1/4 of -tho South...t 1/4 of said Section :I, for 431.94 reet; thenco SOOd<9OOm1n4SsccW. a1on9 tho W..taty Ri9hl-of-Way r", of H.E. 28th Court and Its Southaty proion90tion .. reeorde<! in (Official Reeor41 800k 6088. P090 180 01 tho Public Record. of lIiomi-ll<ldo Counly. florid.. far 760.62 lo.~ then.o H89d0959minZSsecW. a1on9 a line parole! with and 4-4-9.91 reet South 01. as meawrcd at tiq1t angles to the North line 01 tho South...t 1/4 of tho S<luth...l 1/4 01 tho South...t 1/4 a' said Seclion 3. for 346.87 fect; thence HOOdeg46mln5lsccW. a1on9 the Easl rono af tho Sa<Jthwul 1/4 01 tho South.ost 1/4. of said Section 3. lor 449.95 feet to u'e POINT Of BEGINNING. 1,;09 and bein9 in IIlaml-Dade County. florida. I I I I I I I I I CAHIBII I~ . TRACT .C.: . A portion of the Eo,( 1/2 of the Southwest 1/4 of the SOJtheast 1/4 of the South..,t .114. of Froctionol S.ctio<> 3. To.nship 52 South. Range '2 (asl MIOmI-Oade County, Fl()(ido. being more portioAorly desO"1bed os (onaws: I I Commence at the Northwest corner of the Eost 1/2 of the Southwest 1/4 of the South.ost 1/4 of the South..,t 1/4 of .oi. Froctionol Section .:5; thenc:C" run S89dcq59min25sec& a1onq. the North bo.Jndarr. "f.._.. the East li2 of the South..,t 1/4 of the Sootheostl/4 01 the 5<<Jth.est 1/4. of S.Oid fractional Section J. 0 dislone. 0" 90.17... leet to the pO'"t of ntersection with Eost Ri9ht-ol-Way bounday of Nartheo't 26lh CO\lrt os describ.d n that certain Ri9ht-ol-Woy Deed to Dade County, lied on Septembef 10. 1968. in Officio{ Records Book 6088, Page 160 of the Public Records of Mi<mli-Oode Cou~ty. florida. being the POINT OF BEGINNING 0' the porc~ of land herellQ~er to be desoi;)ed: thmcc run SOOdeqOCXnin45secW Q(ong the ~(o(tSold descnbed rUle. 13 dittonce of 361.28 feet' to the pont of intersection with 0 line that is 300.00 fed Horth of and 'porahl to the SO\lth bOUndary of the East 1/2 of the Southwest'I/4 of the Sootheost 1/4 or th. Soothwest 1/4 of ,aid Froctionol Section 3' th",e. Nn N69d.g57min54'eef 0Iani! the lost descri>ed line,'a distonce 01 2~.28 lcet to 0 p..,~ laid poilt' beng 46,75. feet 'II'"t 01 the Ea.t boundary of the Saulhw..t 1/4 of the South,..t 1/4 of the ,South.OIl. 1/~ of said. Fractional 3; thence Nn NOOdeqOOm,,~5seef oIon9 a line that is 200.26 'eet Eost ;,f ond paralloI to the said East boundary of Horth.ast 28th ~ 0 distonc. of 301.18 feet to the point of nt.rtcction with the Horth boundory or the Southwest 1/~ 01 th. South.ast 1/4 of th. South...t 1/4 of said fractional Section J: thence' Nn r-l69degS9min25secW along the 10.1 de.crib.d line, 0 distone. of 200.28 ,..t to th. .. POINT OF BEGINNING," I I I I I I I p , I ROAll TRACI: tho\. portion of 0 70.00 feef wide Rlqht-Qf-Way for N.E. 28th Court os d.._cd in Official Ree...d, Book 6068. at P09' 160 of th. Public R.c...d. 01 loIi""'i-Oad. County. Florido. l)ing South 01 the North ron. of \1\. Eo.\ '/"l. 01 the South....t 1/4. 01 \I1e Southeost 1/4. of \l\e Southw..t 1/4. of S.cllon 3. Ta..nsnip 52. South; Ronge 42 Eosl. City of Avtntura. loIiQml-Ood. County. AOrid.. . I-lS<l KNO'Mol AS: A p<>rtian 01 the East 1/2. of \1\. Southwest 1/4. 01 th. Sciuthco.t 1/4. of th. Southwcst 1/4 of froctlonal! Sect.lOft J. Townahip 52 S04.ltn. Range 42. toat. . MiQmi-~ode County. Aorida. bcin~ more partlcu1any descri'oed a. fol\ows:. Comm~c. at the Northwest corne' of the East 1/2.. of the Southwest t}4. of th.Southcost 1/4. of th. Southwest 1/4. of said Section 3: thence S89de<;5gmln25..c€.. olonq the North Une of th. East 1/2. o( the Southwe.t t/4. 01 the Southeost 1/4. 01 th. Southwest 1/4. of ,oid S.ctlon 3. far a distance of 20.17 feet to it. intersection with the West Ri9hl-of-'1tay Un. of Northeast 26th Court. as described in that certain Rlqh\-of-'HQy Oeed \0 U,k3,mi-oaQc CO\I.nty. Red on Se"let1'lb~ 10th. 1968, in Official Records Book 6088. Paqe 160 of the Public Records of Miami-Dade CO\Inty, Florh1a. laid po\ot a.SQ being the POl.f'l.T Of' 8EGlNNlMC of the heremaflrr described Pared of Land; U,,:nce continue S89dcq59min25sceE.. <llon9 the last described Une, a d\s\once of 70.00 feet \0 Its intersection with East Right-or-Way Line of said Northeast l8th CO<lrt: thence SoodeQOlmin45.eeW. along ,oid Eost RiQht-ol-way Une of North.ast 26th Court. far 449.95 lee~ thence N89d.q59min2S.ecW for 70,00 :. I I I I I . I teet to its inlc:rsectj~n .....ith said We:st Right-cf-.....oy Une of NorthC(lsl Zeth Court: thence NOOdcgO~,."in04-5secE.. 010"9 soid west Right-ot-way Line: of Northeast 28th. Couf'"t. for 04-.c.9:~5 feet t'J the: POINT Of" BEQNNINC. . LESS: . A portion of the Eost 1/2.. of th~ Southwe:st '/.e., of the Southeost 1/4. of tt1e Soothwcst 1/4 of Froctiot'lal Section J. Township 52 South. Ron9c.c.2 East, Mtomi-Do<.:le County. Florida. bein9 more porticulony desaibed os follows: I Commence: ot the Northwest corner 0.' the East 1/2. of the Southwest 1/-4-, of the Southeast 1/4. of the Southwellt 1/., of soid Section J: thence S89dcg59min25sccE. along the North Line of the East 1/2. of the Southwest 1/4. of the SOtJthco.st 1/4. of the Southwest 1/~. of said Section J. for Q distance of 90.17 feet to ita intersection with the East Right-at-Way Wne of Ncttheast 28th Court. os described in that certain Right-ot-Way Deed to "J..Iiami-Dode County. tiled en September lOth, 1968. in Official Rtc:ords Book 6088. Page 160 of the Public: Records of Miami-Cade County. Florida; thence SOOdeq01min...SsecW. otonq the last desaibed line (0( 361.33. feel lo the P()(NT OF" ee:~NN1Na of the hereinof\cf described Parcel of Land; th.enc:e SOO~.~0\min45,.cW I'" lla.51 I..t: thenc. N89d<959min25,e<:W for ~5.00 f..t, thence NOOdeqOlmin...SIClc:( .for 88.150 feet: thence N89deqS1minS...sec:E for. 35.00 I..t to th. POINT Of' BEGINNING, . . I Containing 28.395.07 Squor. r..t and/", 0.65 Acr., m.",. Of' I.... I I I I I I -- I , , , . A~ .. '......:::-' MINUTES CHARTER ELEMENTARY SCHOOL BOARD OF DIRECTORS MEETING June 25, 2004 Government Center 19200W. Country Club Dr. Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10:20 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, 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. APPROVAL OF MINUTES: A motion to approve the minutes of the June 1, 2004 Board of Directors meeting was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. 3. PUBLIC HEARING: RESOLUTION: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED FIRST AMENDMENT TO THE CHARTER SCHOOL CONTRACT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND THE MIAMI-DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed, The motion for approval passed by roll call vote 6-1, with Commissioner Beskin voting no and Resolution No. 2004-36 was enacted. 4. ADJOURNMENT. There being no further business to come before the Board, the meeting adjourned at 10:25 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Board of Directors on CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: BY: Eric M. Soroka, City M -H~ore, Finance Sup ort Services Director FROM: DATE: September 23,2004 SUBJECT: Aventura City of Excellence School Special Purpose Financial Statements October 5, 2004, ACES Board of Directors Meeting Agenda Item ---.1.lb Recommendation It is recommended that the Board approve the following motion: "Motion to accept for filing the Special Purpose Financial Statements of the Aventura City of Excellence School for the fiscal year ended June 30, 2004." Backaround The financial statements were forwarded to the School Board pursuant to the contract for the Charter School. The Statements, along with a memorandum summarizing the document, were forwarded to the City Commission on September 20, 2004. The Rules of the Auditor General, Chapter 10.550, requires that the Financial Statements be filed as an official record at a public meeting. This motion satisfies that requirement. A representative of Keefe McCullough & Company, the audit firm, will be present at the meeting. However, since the Statements are the responsibility of the City, I respectfully request that any questions be discussed with me prior to the meeting. HMKlmn AGlNDAmMiUrI. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM THROUGH: Eric M. Soroka, City M FROM: ~r~-Xore:Fina rt Services Director TO: City Commission (ACE DATE: September 20,2004 SUBJECT: Aventura City of Excellence School Special Purpose Financial Statements Backqround As required by State law and our Charter School Contract with the Miami-Dade District School Board, we have prepared financial statements for the School's fiscal year ended June 30, 2004. The statements were audited by Keefe McCullough & Co. This was the first year of actual operations of the School. The Report complies with Generally Accepted Accounting Principles, including Governmental Accounting Standard Board (GASB) Statement No 34. The cover reflects that the Report contains "Special Purpose Financial Statements" for the "Aventura City of Excellence School, a blended component unit of the City of Aventura, Florida." This means that the financial operations of the School will be reflected in the City of Aventura's Comprehensive Annual Financial Report for the next City fiscal year. The key information in the report can be found on page 16: Final Budaet Actual Amount Amount (Budget Basis) Variance Total Revenues 3.723.467 3,934,894 211427 Total Expenditures 3,867.961 3.685,045 182.916 Excess of Revenues Over (144.494) 249,849 394.343 (Under/Expenditure) Fund Balance. 144.494 144.494 -0- Julv 1, 2003 Fund Balance, -0- 394.343 394.343 June 30. 2004 As shown above, the fund balance amount at June 30, 2004 was the result of revenues being greater than projected by $211,427 and by expenditures being $182,916 less than budgeted. This results in a total fund balance of $393,343. Page (2) Aventura City of Excellence School Special Purpose Financial Statements The $394,343 is also reflected as unrestricted net assets on page 7 and on page 9 as Unreserved and Undesignated Fund Balance. This amount is available to fund future budgets. The 2004/05 budget for the School currently includes an estimated beginning fund balance of $117,421 on Page 6 of the Budget. The difference of $276,922 ($394,343 less $117,421) can be used to support school operations in the 2004/05 and/or future years. Future Actions The Rules of the Auditor General, Chapter 10.550, requires that the Financial Statements be filed as an official record at a public meeting. We will place a motion on the October 4, 2004 agenda to satisfy this requirement. A representative of Keefe McCullough & Company, the audit firm, will be present at the meeting. However, since the Statements are the responsibility of the City, I respectfully request that any questions be discussed with me prior to the meeting. HMKlmn A Blended Component Unit of the City of Aventura, Florida m.' '\. '. \..' 1\/. ',,' ... - " .. ~ " -,.. 1,.- * 'L"-__* ~-:.., ":. ',\Y ,) II ~ ) \' AVENTURA CITY OF EXCELLENCE SCHOOL Special Purpose Financial Statements For the Fiscal Year Ended June 30, 2004 AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH Street Aventura, Florida 33180 Telephone: 305-466-1499 Fax: 305-466-1339 Website: www.aventuracharter.orQ Aventura Governing Board Members Mayor Jeffrey M. Perlow Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg City Manager Eric M. Soroka, ICMA-CM Principal Katherine Bray Murphy, Ph.D. Assistant Principal Julie Renee Aim Administrative and Management Service Provided by: Charter Schools USA 6245 N. Federal Highway, Fifth Floor Fort Lauderdale, FL 33308 Jonathan K. Hage, President and Chief Executive Officer .:c> o~ ~ iLt~ e,:i'~ 0& is <~c' Report Prepared by: The Finance Support Services Department of the City of Aventura A VENTURA CITY OF EXCELLENCE SCHOOL f/kI a A VENTURA CHARTER ELEMENTARY SCHOOL (A Blended Component Unit of the City of A ventura, Florida) SPECIAL PURPOSE FINANCIAL STATEMENTS AND ADDITIONAL INFORMATION For the Year Ended June 30, 2004 ----.-.----.-----.-~-_____.,.__--~~-__r_r_----'-.---.-------.----.- --- -.. ._-. AVENTURA CITY OF EXCELLENCE SCHOOL f/k/a A VENTURA CHARTER ELEMENTARY SCHOOL SPECIAL PURPOSE FINANCIAL STATEMENTS AND ADDITIONAL INFORMATION TABLE OF CONTENTS For the Year Ended June 30, 2004 INDEPENDENT AUDITORS' REPORT MANAGEMENT'S DISCUSSION AND ANALYSIS PAGES 1-2 3-6 SPECIALPURPOSE FINANCIAL STATEMENTS Government-wide Special Purpose Financial Statements: Statement of Net Assets 7 8 Statement of Activities Fund Special Purpose Financial Statements: Balance Sheet - Governmental Fund 9 Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Fund 10 11-15 Notes to Special Purpose Financial Statements REQUIRED SUPPLEMENTAL INFORMATION Budgetary Comparison Schedule 16-17 o THE R AU D I TOR S' R E P 0 R T S Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditors' Report to the Board of Directors Internal Control Comments and Recommendations 18-19 20-21 22 KEEFE, McCULLOUGH & CO., LLP CERTIFIED Pl;BLIC ACCOU:"ITANTS CHRISTOPHER L. COLLINS. CPA CHARLES K. RUMPF, C.P.A. ISRAEL J. GOMEZ, CPA NICHOLAS A. GROSS, c.PA. KEVIN R. ROACH, C.P.A 6550 NORTH FEDERAL HIGHWAY SUITE 410 FORT LAUDERDALE. FLORIDA 33308 (954) 771.0896 FAX, (954) 938.9353 E4MAIL: kmc@kmccpa.com JOHN R. KEEFE, C.P.A. JOHN E. McCULLOUGH, C.P.A. (RETIRED) THOMAS T. CARPENTER, C.P.A. PAUL B. SNEIDER, C.PA (RETIRED) STEVEN H. WOODS. C.PA DAVID T WILLIAMS, C.P.A JOSEPH D. LEO. C.P.A. WILLlAM G. BENSON, C.P.A. BRIAN D. PiNNELL, CPA KENNETH G. SMITH. C.P.A. LOUIS R PROIETIO, C.P,A CYNTHIA L CALVERT, C.P.A. INDEPENDENT AUDITORS' REPORT To the Board of Directors A ventura City of Excellence School f/k/a A ventura Charter Elementary School Miami, Florida We have audited the accompanying special purpose financial statements of the governmental activities and the general fund of A ventura City of Excellence School f/k/a A ventura Charter Elementary School (a blended component unit of the City of A ventura, Florida) as of and for the year ended June 30, 2004, which collectively comprise the School's basic financial statements, as listed in the table of contents. These financial statements are the responsibility of A ventura City of Excellence School f/k/a Aventura Charter Elementary School's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America, and standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the special purpose financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities and the general fund of A ventura City of Excellence School f/k/a A ventura Charter Elementary School as of June 30, 2004, and the respective changes in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated August 17, 2004, on our consideration of Aventura City of Excellence School f/k/a Aventura Charter Elementary School's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. I A ventura City of Hxcellence School fJkJa A ventura Charter Elementary School The management's discussion and analysis and budgetary comparison information on pages 3 through 6 and 16 through 17, respectively, are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. /4, ~ U4L .; i./ KEEFE, McCULLOUGH & CO., LLP '- t..-J> Fort Lauderdale, Florida August 17, 2004 2 MANAGEMENT'S DISCUSSION AND ANALYSIS ---'-'~-'--'-----.--r--"-------r--~'~"--""l-'---~--"--'_._---_."~---_.. .~ A VENTURA CITY OF EXCELLENCE SCHOOL f/k/a A VENTURA CHARTER ELEMENTARY SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended June 30,2004 Our discussion and analysis of A ventura City of Excellence School flk/a A ventura Charter Elementary School's (the School) financial performance provides an overview of the School's financial activities for the fiscal year ended June 30, 2004 and 2003. Please read it in conjunction with the School's special purpose financial statements which immediately follow this discussion. OVERVIEW OF THE SPECIAL PURPOSE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the School's special purpose financial statements. The special purpose financial statements are comprised of three components: I) government-wide special purpose financial statements, 2) fund special purpose financial statements, and 3) notes to the special purpose financial statements. This report also contains other required supplementary information in addition to the special purpose financial statements themselves. Government-wide special purpose financial statements The government-wide special purpose financial statements, which consists of the statement of net assets and the statement of activities, are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private-sector business. The statement of net assets presents information on all the School's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the School is improving or deteriorating. The statement of activities presents information showing how the School's net assets changed during the year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government-wide special purpose financial statements can be found on pages 7-8 of this report. Fund special pumose financial statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School only has one category of funds - governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide special purpose financial statements. However, unlike the government-wide special purpose financial statements, governmental fund special purpose fmancial statements focus on near-term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the School's near-term financing requirements. Because the focus of governmental funds is narrower than that ofthe government-wide special purpose financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide special purpose financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide reconciliation to facilitate this comparison between governmental funds and governmental activities, if applicable. 3 A VENTURA CITY OF EXCELLENCE SCHOOL f/k/a AVENTURA CHARTER ELEMENTARY SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended June 30,2004 The governmental fund special purpose financial statements can be found on pages 9-10 of this report. Notes to soecial oumose financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund special purpose fmancial statements. The notes to the special purpose financial statements can be found on pages 11-15 of this report. Other information In addition to the special purpose financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. Required supplementary information can be found on pages 16 and 17 of this report. GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of financial position. The following table reflects the condensed government-wide statement of net assets. A comparative analysis of government-wide data is presented below. A ventura City of Excellence School f/k/a A ventura Charter Elementarv School 2004 2003 Variance Current assets $ 605,082 $ 241,950 $ 363,132 Noncurrent assets 31.476 31.476 Total assets $ 636.558 $ 241.950 $ 394.608 Liabilities $ 210,739 $ 97,456 $ 113,283 Net assets: Unrestricted 394,343 144,494 249,849 Invested in equipment 31.476 31.476 Total liabilities and net assets $ 636.558 $ 241.950 $ 394.608 Resources that are subject to external restrictions on how they may be used are classified as restricted assets. As of June 30, 2004, the School had no restricted assets. The remaining unrestricted balance may be used to meet the School's ongoing operations. 4 A VENTURA CITY OF EXCELLENCE SCHOOL flkl a A VENTURA CHARTER ELEMENTARY SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended June 30,2004 A ventura City of Excellence School f/k/a A ventura Charter Elementarv School's Chan\!e in Net Assets Revenues: General revenues Program revenues Charges for services Capital outlay Operating grants and contributions Total revenues Expenses: Instruction Instructional media Operation of plant School administration Pupil transportation services Community services Facilities construction and acquisition Total governmental activities Change in net assets before transfers Transfers Change in net assets Net assets at beginning of year Net assets at end of year 2004 $ 3,307,541 $ 184,854 250,551 191.948 3.934.894 1,836,640 69,697 677 ,546 466,756 68,318 76,427 3.195.384 739,510 (458.185) 281.325 144.494 $ 425.819 $ FINANCIAL ANALYSIS OF THE SCHOOL'S FUNDS 2003 Variance $ 3,307,541 184,854 250,551 71.819 120.129 71.819 60,746 40,724 25.349 126.819 (55,000) 199.494 144.494 3.863.075 1,836,640 69,697 616,800 426,032 68,318 76,427 (25.349) 3.068.565 794,510 (657 .679) 136.831 144.494 144.494 $ 281.325 As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives. The focus of the School's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unreserved fund balance may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of the years 2004 and 2003, the School's governmental funds reported ending fund balance of $ 394,343 and $ 144,494, respectively. The total fund balance is unreserved and is available for spending at the School's discretion. -.--.,.._-----'---,.--- 5 A VENTURA CITY OF EXCELLENCE SCHOOL f/kla AVENTURA CHARTER ELEMENTARY SCHOOL MANAGEMENT'S DISCUSSION AND ANALYSIS For the Year Ended June 30, 2004 The General Fund is the main operating fund of the School. At the end of fiscal years 2004 and 2003, unreserved fund balance ofthe General Fund was $ 394,343 and $ 144,494, respectively. This balance is a result of transfers from the City of A ventura that have not been used as of June 30, 2004. These funds will be used for the School's operations in the following fiscal year. GENERAL FUND BUDGETARY IDGHLIGHTS Differences between the original and final adopted budget resulted from unanticipated grant funding, implementation of the free and reduced lunch program and greater than anticipated fundraising activities. Expenditures were increased by like amounts to cover the costs associated with these programs. CAPITAL ASSETS AND DEBT ADMINISTRATION The School had an investment in property and equipment, net of accumulated depreciation of $ 3,633, during the year ended June 30,2004 of $ 31,476. ECONOMIC FACTORS Facts, decisions, or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2004/2005 include the following: A referendum was approved in 2002 amending the Florida Constitution to require a reduction in class sizes in grades K-12 over the next several years, so that in FY 2008/09, class sizes will not exceed the constitutional limit of eighteen students in grades K-3, twenty-two students in grades 4-8 and twenty-five students in grades 9-12. Implementation will require significant new revenues to be used to hire more teachers. This is a statewide problem which affects all school districts and charter schools in Florida and which will require a statewide solution. Additionally, revenues will be enhanced by further development of strong business community and parental participation in school fundraising activities. 6 SPECIAL PURPOSE FINANCIAL STATEMENTS A VENTURA CITY OF EXCELLENCE SCHOOL tiki a A VENTURA CHARTER ELEMENTARY SCHOOL STATEMENT OF NET ASSETS June 30, 2004 ASSETS CURRENT ASSETS: Pooled cash and cash equivalents Accounts receivable Total current assets NONCURRENT ASSETS: Equipment Less: accumulated depreciation Total noncurrent assets Total assets LIABILITIES AND NET ASSETS LIABILITIES: Accounts payable Accrued expenses Total liabilities NET ASSETS: Unrestricted Invested in equipment Total net assets T otalliabilities and net assets $ 532,887 72.195 605,082 $ 35,109 (3.633) 31.476 636.558 $ 13,962 196.777 210.739 $ 394,343 31.476 425.819 636.558 The accompanying notes to special purpose financial statements are an integral part of these statements. 7 A VENTURA CITY OF EXCELLENCE SCHOOL t/kla A VENTURA CHARTER ELEMENTARY SCHOOL STATEMENT OF ACTIVITIES For the Year Ended June 30, 2004 FUNCTIONS/PROGRAMS: Governmental activities: Instruction Instructional media services Operation of plant School administration Pupil transportation services Community services Total governmental activities Program Revenues EXDenses Charges for Services Activities Net Revenue (Expense) and Change in Net Assets $ (1,691,126) (69,697) (382,301) (466,756) (21,884) 63.733 (2.568.031) 3,165,714 6,809 135,018 (458.185) 2.849.356 281,325 144.494 $ 425.819 The accompanying notes to special purpose financial statements are an integral part of these statements. Capital Outlay Funds Operating Grants and Contributions $ 1,836,640 69,697 677 ,546 466,756 68,318 76.427 $ $ $ 145,514 44,694 250,551 46,434 140.160 $ 3.195.384 $ $ $ 184.854 250.551 191.948 General revenues: FTE nonspecific revenues Investment earnings Miscellaneous income Transfers Total general revenues and transfers Change in net assets Net assets: July 1, 2003 June 30, 2004 8 A VENTURA CITY OF EXCELLENCE SCHOOL f/kla A VENTURA CHARTER ELEMENTARY SCHOOL BALANCE SHEET-GOVERNMENTAL FUND June 30, 2004 ASSETS ASSETS: Pooled cash and cash equivalents Accounts receivable Total assets LIABILITIES AND FUND BALANCE LIABILITIES: Accounts payable Accrued expenses Total liabilities FUND BALANCE: Unreserved and undesignated Total liabilities and fund balance Reconciliation of the governmental fund balance sheet to the statement of net assets: GOVERNMENTAL FUND BALANCE Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not fmancial resources and therefore are not reported in the fund. The cost of equipment is Accumulated depreciation is $ 35,109 (3.633) Net assets of governmental activities General Fund $ 532,887 72.195 605.082 $ $ 13,962 196.777 210.739 $ 394.343 605.082 $ 394,343 $ 31.476 425.819 The accompanying notes to special purpose financial statements are an integral part of these statements. 9 A VENTURA CITY OF EXCELLENCE SCHOOL tiki a A VENTURA CHARTER ELEMENTARY SCHOOL STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE - GOVERNMENTAL FUND For the Year Ended June 30,2004 REVENUES: Federal sources State sources Local sources Total revenues EXPENDITURES: Current - Instruction Instructional media services Operations of plant School administration Pupil transportation services Community services Total expenditures Excess revenues over expenditures FUND BALANCE, July 1, 2003 FUND BALANCE, June 30, 2004 NET INCREASE IN FUND BALANCE - GOVERNMENTAL FUND Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures; in the statement of activities these costs are allocated over their estimated useful lives as provision for depreciation. The cost of equipment purchased Provision for depreciation $ 35,109 (3.633) CHANGE IN NET ASSETS ON THE STATEMENT OF ACTIVITIES General Fund $ 145,514 3,416,265 373.115 3.934.894 1,868,115 69,697 1,135,732 466,756 68,318 76.427 3.685.045 249,849 144.494 $ 394.343 $ 249,849 $ 31.476 281.325 The accompanying notes to special purpose financial statements are an integral part of these statements. 10 A VENTURA CITY OF EXCELLENCE SCHOOL f/kla A VENTURA CHARTER ELEMENTARY SCHOOL NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS June 30, 2004 NOTE 1 - ORGANIZATION AND OPERATIONS A ventura City of Excel1ence School f/k/a A ventura Charter Elementary School (the School), is a blended component unit of the City of A ventura, Florida. The School commenced operations in August, 2003 in the City of A ventura and offers classes for grades kindergarten through fifth. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reoortin\! entitv: The School operates under a charter granted by the sponsoring school district, the Miami-Dade County Public School District. The current charter is effective until June 20,2018. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least ninety days prior to the charter's expiration. During the term of the charter, the District may also terminate the charter if good cause is shown. The School may also be financially accountable if an organization is fiscally dependent on the School regardless of whether the organization has a separately elected governing board, a governing board appointed by another government, or a jointly approved board. In addition, component units can be other organizations for which the nature and significance of their relationship with the School are such that exclusion would cause the reporting entity's special purpose financial statements to be misleading or incomplete. As a result of evaluating the above criteria, management has determined that no component units exist for which the School is financially accountable which would require inclusion in the School's special purpose financial statements. Basis of presentation: In June 1999, the Governmental Accounting Standards Board (GASB) unanimously approved Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments (the Statement). Certain of the significant items in the Statement include the following: . A Management Discussion and Analysis (MD&Al section providing an analysis of the School's overall financial position and results of operations . Special purpose financial statements are prepared using full accrual accounting for all of the School's activities. . A change in the fund special purpose financial statements to focus on the major funds, if applicable. These and other disclosures are reflected in the accompanying special purpose financial statements (including notes to special purpose financial statements). The School has elected to implement all provisions of the Statement this year. 11 A VENTURA CITY OF EXCELLENCE SCHOOL f1k1a A VENTURA CHARTER ELEMENTARY SCHOOL NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS June 30, 2004 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Soecial ouroose financial statements - government-wide statements: The School's special purpose financial statements include both government-wide (reporting the School as a whole) and fund special purpose financial statements (reporting the School's major fund). Both the government-wide and fund special purpose financial statements categorize primary activities as either governmental or business type. All of the School's activities are classified as governmental activities. In the government-wide statement of net assets, the governmental activities column is presented on a consolidated basis, if applicable, and is reported on a full accrual, economic resource basis, which recognizes all noncurrent assets and receivables as well as all noncurrent debt and obligations. The School's net assets are reported in three parts: invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. As of the year ended June 30, 2004, all of the School's net assets were classified as follows: Unrestricted Invested in equipment $ 394,343 31.476 $ 425.819 The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are also supported by general revenues. The statement of activities reduces gross expenses by related program revenues, operating and capital grants. Program revenues must be directly associated with the function. Operating grants include operating- specific and discretionary (either operating or capital) grants while the capital grants column, if applicable, reflects capital-specific grants. This government-wide focus is more on the ability to sustain the School as an entity and the change in the School's net assets resulting from the current year's activities. Soecial ouroose financial statements - fund soecial puroose financial statements: The accounts of the School are organized on the basis of funds. The operations of the sole fund is accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, equity, revenues and expenditures. The General Fund is employed in accounting for the financial activities of the School. It is a governmental fund type and is used to account for all financial transactions. Measurement focus and basis of accounting: Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the special purpose financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the governmental-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide special purpose fmancial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. 12 A VENTURA CITY OF EXCELLENCE SCHOOL f1k/a A VENTURA CHARTER ELEMENTARY SCHOOL NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS June 30, 2004 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) The governmental funds special purpose financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within one year of the end of the current fiscal year. Equioment: Equipment purchased or acquired is capitalized at historical cost or estimated historical cost. Donated equipment is valued at the estimated fair market value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related fixed assets. Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on all assets is provided on the straight-line basis over the estimated useful lives as follows: Equipment 3-5 years Encumbrances: Encumbrances represent commitments relating to unperformed contracts for goods or services. At June 30, 2004, there were no encumbrances outstanding. Grant and contract revenue: Grant and contract revenue is recognized when the allowable costs as defined by the individual grant or contract are incurred. Monies received in advance for which no costs have been incurred are recorded as deferred revenue until allowable costs attributable to such monies are incurred. Deposits and Investments The School's cash and cash equivalents are maintained by the City in a pooled cash account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represents the amount owned by each fund of the City. Cash and cash equivalents, which consist of cash and short-term investments with original maturities of three months or less when purchased, include cash on hand, demand deposits, and investments with the State Board of Administration Investment Pool. Post retirement benefits The School provides no post-retirement benefits to employees. 13 A VENTURA CITY OF EXCELLENCE SCHOOL f/kla AVENTURA CHARTER ELEMENTARY SCHOOL NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS June 30, 2004 NOTE 3 - BUDGET The School formally adopted a budget for the year ended June 30, 2004. The budget has been prepared in accordance with generally accepted accounting principles. A comparison of actual results of operations to the budgeted amounts for the General Fund is presented as required supplemental information. NOTE 4 - DEPOSITS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits are held in banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Securitv for Public Deoosits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or collateralized and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement No.3. Deposits at June 30,2004 were $ 532,887. NOTE 5 - CAPITAL ASSETS A summary of changes in governmental equipment is as follows: Balance July I, 2003 Additions Equipment $ $ 35,109 Accumulated depreciation 3.633 $ $ 31.476 $ $ Balance June 30, 2004 35,109 3.633 31.476 Deletions $ $ Depreciation for the year ended June 30, 2004 amounted to $ 3,633. The School allocated depreciation to instructional services. NOTE 6 - CONTINGENCIES AND COMMITMENTS The City of A venrura has entered into a contract for administrative and management services for the operations of the School. The contract expires in June, 2008 and provides for a fee based on the revenues of the School in the following amounts: Year Percenta\!e of Revenues 1 2-3 4-5 12-13 % 11% 10% 14 A VENTURA CITY OF EXCELLENCE SCHOOL f/kla AVENTURA CHARTER ELEMENTARY SCHOOL NOTES TO SPECIAL PURPOSE FINANCIAL STATEMENTS June 30, 2004 NOTE 6 - CONTINGENCIES AND COMMITMENTS (continued) The contract also provides for the subordination ofthe above fees based on the School's ability to pay operating and facility costs. The maximum subordinated fee percentages are as follows: Year Subordination Percenta\!e 1-2 3 4-5 2% 3% 4% Additionally, certain other revenues that are attributable to the efforts of the management company will be compensated at a rate of ten percent. Other incentive fees provided for by the contract are based on financial and education performance goals. The School's operations are located at a facility that is owned by the City of A ventura. In September, 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $ 12,610,000 in Series 2002 Revenue bonds to finance the acquisition of land and construction of a charter school as well as the construction of a community center of which approximately $ 6,651,100 related to the land and construction of the School facility. The School is committed to reimburse the annual debt service on the debt, including interest and principal, that is incurred by the City in the following amounts: Year ending June 30 2005 $ 441,500 2006 $ 441,000 2007 $ 442,400 2008 $ 440,700 2009 $ 441,000 Thereafter $ 9,500,000 The School received financial assistance from Federal and local governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with terms and conditions specified in the grant agreements and may be subject to audit by the grantor agencies. In accordance with OMB Circular A-133, Audits of States. Local Governments. and Non-Profit Or\!anizations, the School is not required to conduct a "single audit" since the required threshold of Federal money is currently $ 500,000 and the School did not exceed such threshold. 15 "-'--" REQUIRED SUPPLEMENTAL INFORMATION A VENTURA CITY OF EXCELLENCE SCHOOL tiki a A VENTURA CHARTER ELEMENTARY SCHOOL BUDGETARY COMPARISON SCHEDULE June 30, 2004 ACTUAL BUDGET TO AMOUNTS, GAAP ACTUAL BUDGETED AMOUNTS BUDGETARY DIFFERENCES AMOUNTS ORIGINAL FINAL BASIS OVER (UNDER) GAAP BASIS REVENUES: FTE revenues $ 3,043,280 $ 3,043,280 $ 3,165,714 $ $ 3,165,714 Operating grants and contributions 128,181 147,181 145,514 145,514 Transportation funds 39,240 39,240 46,434 46,434 Capital outlay funds 240,822 240,822 250,551 250,551 Charges for services 155,340 205,340 178,095 178,095 Investment earnings 6,809 6,809 Field trip revenue 6,759 6,759 Miscellaneous income 10.000 47.604 135.018 135.018 Total revenues 3.616.863 3.723 .467 3.934.894 3.934.894 EXPENDITURES: Salaries 1,677 ,229 1,755,229 1,669,506 1,669,506 Stipends 8,400 8,400 2,000 2,000 Professional services 366,170 386,374 401,570 401,570 Sick day buyout 13,320 13,320 Administrative 151,300 151,300 168,257 168,257 Social security 145,558 145,558 123,456 123,456 Pension expense 23,252 23,252 15,714 15,714 Employee insurance 91,089 91,089 98,997 98,997 Unemployment compensation 17,408 17,408 17,833 17,833 Utilities 67,500 67,500 73,384 73,384 Telephone 9,000 9,000 20,027 20,027 Insurance 22,000 22,000 3,439 3,439 Supplies 165,300 168,300 154,502 154,502 Textbooks 257,000 260,800 259,432 259,432 Repairs and maintenance 97,300 83,300 89,834 89,834 Workers' compensation 3,516 3,516 3,336 3,336 Provision for depreciation changes (1) (3,633) 3,633 Dues and fees 3,251 3,251 1,974 1,974 Field trips 29,567 29,567 Travel 13 ,460 13,460 9,412 9,412 Food services 65,279 65,279 48,097 48,097 Advertising 7,500 7,500 1,414 1,414 Transfers 442,585 458,185 458,185 458,185 Contingency 78,940 78,940 Capital outlay 35.000 35.000 35.109 (1) 35.109 Total expenditures 3.761.357 3.867.961 3 .685 .045 31.476 3.653.569 Excess of revenue over (under) expenditures (144,494) (144,494) 249,849 31,476 281,325 16 A VENTURA CITY OF EXCELLENCE SCHOOL f1k1a A VENTURA CHARTER ELEMENTARY SCHOOL BUDGETARY COMPARISON SCHEDULE (continued) June 30, 2004 ACTUAL BUDGET TO AMOUNTS. GAAP ACTUAL BUDGETED AMOUNTS BUDGETARY DIFFERENCES AMOUNTS ORIGINAL FINAL BASIS OVER (UNDER) GAAP BASIS FUND BALANCE, July 1, 2003 144.494 144.494 144.494 144.494 FUND BALANCE, June 30, 2004 $ $ $ 394.343 $ 31.476 $ 425.819 EXPLANATION OF DIFFERENCES: (1) Governmental funds report capital outlays as expenditures However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as a provision for depreciation. This is the amount by which the provision for depreciation exceeds capital outlays in the current period. $ 31.476 17 OTHER AUDITORS' REPORTS KEEFE, :\lc('{'I.I.OrGH "'" CO., 1.1.1' CEHT.FIE]) PI "BJ.I< . .\.("( 'O( ':"olT.\.~'I',"" It,.,., .. .... ~,..:. ',~ - . . ".I..~ CHRISTOPHER L COLLINS. C.P.A. CHARLES K. RUMPF, C.P.A. ISRAEL J. GOMEZ. C.P.A. NICHOLAS A. GROSS, C.P.A. KEVIN R. ROACH, C.P.A 6550 NORTH FEDERAL HIGHWAY SUITE 410 FORT LAUDERDALE. FLORIDA 33308 (954) 771-0896 FAX, (954) 938-9353 E-MAIL: kmc@kmccpa.com JOHN R. KEEFE. C.P.A. JOHN E. McCULLOUGH, C.P.A. (RETIRED) THOMAS 1. CARPENTER, CPA PAUL B. SNEIDER, C.P.A. (RETIRED) STEVEN H. WOODS. C.P.A. DAVIDT. WILLIAMS, CPA JOSEPH D. LEO. C.P.A. WILLlAM G. BENSON, CP.A BRIAN D. PINNELL, C.P.A KENNETH G. SMITH, C.P.A. LOUIS R. PROIETIO. C.P.A. CYNTHIA L CALVERT, CPA INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Board of Directors A ventura City of Excellence School f/k/a A ventura Charter Elementary School A ventura, Florida We have audited the special purpose financial statements of Aventura City of Excellence School f/k/a Aventura Charter Elementary School, (a blended component unit of the City of Aventura, Florida) as of and for the year ended June 30, 2004, and have issued our report thereon dated August 17,2004. We conducted our audit in accordance with auditing standards general1y accepted in the United States of America and the standards applicable to financial audits contained in Government Auditin\! Standards, issued by the Comptroller General of the United States. Comoliance As part of obtaining reasonable assurance about whether the School's special purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of special purpose financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditin\! Standards. Internal Control over Financial Reoorting In planning and performing our audit, we considered A ventura City of Excel1ence School f/k/ a A ventura Charter Elementary School's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the special purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the special purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. However, we did note an instance involving the internal control over financial reporting we considered to be immaterial as noted on the schedule of internal control comments and recommendations on page 22. 18 A ventura City of Excellence School f/k/a A ventura Charter Elementary School This report is intended solely for the information of School management, the Board of Directors and various other governmental agencies. This restriction is not intended to limit the distribution of this report, which is a matter of public record. /~, ~~.:C;./'-L-~ KEEFE, McCULLOUGH & CO., LLP Fort Lauderdale, Florida August 17, 2004 19 KEEFE, McCULLOUGH & CO., LLP CERTIFIED PUBLIC ACCOUNTANTS CHRISTOPHER L. COLLINS, C.P.A CHARLES K. RUMPF. C.P.A. ISRAEL J. GOMEZ. C.P.A NICHOLAS A. GROSS, C.P.A KEVIN R. ROACH, C.P,A. 6550 NORTH FEDERAL HIGHWAY SUITE 410 FORT LAUDERDALE. FLORIDA 33308 (954) 771-0896 FAX: (954) 938-9353 E-MAIL: kmc@kmccpa.com JOHN R. KEEFE, C.P.A. JOHN E. McCULLOUGH, C.PA. (RETIRED) THOMAS T. CARPENTER, CPA PAUL B. SNEIDER, CPA (RETIRED) STEVEN H. WOODS, C.PA DAVID T. WILLIAMS, C.P.A. JOSEPH D. LEO, C.P,A WiLLIAM G. BENSON, C.P.A BRIAN D. PINNELL, C.PA KENNETH G. SMITH, C.PA LOUIS R. PROIETTO, C.P.A. CYNTHIA L CALVERT. C.P.A INDEPENDENT AUDITORS' REPORT TO THE BOARD OF DIRECTORS The Board of Directors A ventura City of Excellence School f/k/a A ventura Charter Elementary School A ventura, Florida This letter is written in connection with our audit of the special purpose financial statements of Aventura City of Excellence School f/k/a Aventura Charter Elementary School, (a blended component unit of the City of A ventura School District) as of and for the year ended June 30, 2004. The purpose of this letter is to communicate to you any comments and recommendations, and to comply with the requirements of Chapter 10.850 Rules of the Auditor General, Charter School Audits which requires that this report specifically address but not limit to the matters outlined in Rule 10. 854(i)( d). The following statements relate to requirements of the Auditor General: 1. There were no inaccuracies, irregularities, shortages, defalcations and/or violations of laws, rules, regulations or contractual provisions reported for the preceding audit. 2. There were no recommendations made relating to the preceding audit. 3. There were recommendations to improve the School's financial management. Recommendations to improve accounting procedures and internal controls were communicated in and disclosed on the schedule of internal control comments and recommendations on page 22. 4. There were no violations of laws, rules, regulations or contractual provisions discovered during our audit. 5. There were no illegal or improper expenditures discovered during our audit. 6. There were no other matters requiring correction discovered during our audit, relating to improper or inadequate accounting procedures, improperly recorded transactions, fraud or other reportable conditions. 7. The Charter School is operated by the City which was created by Resolution No. R-ll04-95 of the Miami-Dade County Commission on July 25, 1995. 20 A ventura City of Excellence School flkla A ventura Charter Elementary School This report is intended solely for the information and use of the Board of Directors, management, the Auditor General of the State of Florida and the Miami-Dade County District School Board and is not intended to be and should not be used by anyone other than those specified parties. However, this report is a matter of public record and its distribution is not limited. /4, 7/1e- ~ ,; (,.../ L l- f> KEEFE, McCULLOUGH & CO., LLP Fort Lauderdale, Florida August 17, 2004 21 A VENTURA CITY OF EXCELLENCE SCHOOL flkla A VENTURA CHARTER ELEMENTARY SCHOOL INTERNAL CONTROL COMMENTS AND RECOMMENDATIONS June 30, 2004 PRIOR YEAR COMMENTS AND RECOMMENDATIONS NONE CURRENT YEAR COMMENTS AND RECOMMENDATIONS FINDING: During our testing of revenue of A ventura City of Excellence School f/k/ a A ventura Charter Elementary School, there were a couple of items that the client could not locate supporting documentation such as a check copy or validated deposit slip. RECOMMENDATION: We recommend that A ventura City of Excellence School f/k/a A ventura Charter Elementary School ensures that all revenue received has the proper documentation such as copies of the cash or checks received and the validated deposit slip to support the receipt. RESPONSE: The A ventura City of Excellence School f/k/a A ventura Charter Elementary School receives a large number of small dollar checks on a regular basis from parents and/or legal guardians. Therefore, copying all revenue received would not be cost efficient. However, it should be noted that the School's Office Manager is now required and does maintain a detailed subsidiary ledger, by type, of all revenue received. Management believes the maintenance of the detailed subsidiary ledgers provides adequate internal control. 22 ESTABLISHED 2003 ~he attamt Herat~ ED Published Dallv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARIA 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 Friday, September 10th, 2004. Afflant 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 i"l1'St publication of the attached copy of advertisement. ~. ;''---:0 c---.U ~ ANGEL This Sworn to and subscribed before me day of tJc )-r.v(~ ~/~ / L~ A.D. 2004 ,. -/ Lisa Ann Hernandez ,\I"'" T '--Ann H d ,~'t~' ptf'~ UUil1 ernan ez ;~ '~'DD000617 ;,0. .. Jlrjdreo Pob. II, 200' ~l,'2:0F~' Bonded Tbru """\,, AUanUc Booding Ca., Ine. 900 West 49th Street, Suite 500, Hialeah, FL 33012 )I(NIGHT RIDDER) CITY OF AVENTURA NOTICE Of AMENOME~HS TO THE CITY'S LAND DEVElOPMENT REGULATIONS Public Notice is hereby given that the Aventura , City Commission will meet ina public hearing on Tuesday, September 21, 20Q4 at 6:00 p.m. to consider on second and final reading, adoption ,I of the following Ordinance: . ! AN ORDINANCE OF THE CITY OF i AVENTURA, FLORIDA, TO AMEND II SECTION 31-143(e) "MULTIFAMILY I' MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT REGULATIONS AND TO AMEND SECTION 31-1'43(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 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. ' 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 I - CITY OF AVENTURA NOTICE Of AMENDMENTS TO AN APPROVED DEVELOPMENT AGREEMENT Public Notice is hereby given that the Aventura City Commission will meet in a public hearing on Tuesday, October 5, 2004 at 6:00 p.m. to con~ider on second and final reading, adoption of the following Ordinance: 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 THE 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; PROVIDING FOR SEVERABILITY; 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. leresa M. Soroka, CMC, City Clerk --- 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 O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA RE: DEVELOPMENT AGREEMENT DATED SEPT. 2, 2003 in the XXXX Court, was published in said newspaper in the issues of 09/1 0/2004 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 . advertise r publication in the said newspaper Sworn to and subscribed before me this 'r}~~ (SEAL) ~~ Malia I. Mesa O.V. FERBEYRE perSOnallY~ ~J>tm~ommission D0293855 " ~ MilCh 04., 2008 "......'............'..................,.'......... ~..... '.',' '-.', ... ~ . . -~. ~ ~.:. ~ -.,. " '-. ~.. .... ~".......... _":" .c' -" ;J.I...,!.-.... . CITY OF AvaNruu PUBLIC NOTIcE _.__.......".._~".~,.".~-,.;.....,.._~.:..:~.-.,......,' ''''"''.;'~~.,~.._.,..,.~:. "<: ~> :~~;j;;j~>.." 'Notice is hereby given of the City;,"',~ra'$jlltent tCM:;Gl'l$ideron second and rmal reading an amendment to Exhibit "B" of the Develop- ment .:#tgreement detedSeptember...2;,2093.betweenMerco Group af AvenM'a.Landlng8.1,.lnc;, Mereo Grot.tp..:AwenturaLaAdi.U, Inc. and' Merco Group at AventuracLanc#ngs..w..Jand1heCity dAventura on October 5,2004 at 6:00 p.m. at the City of Aventura Government Center, 19200 West CountryClub.Drive.Av....,Florida, 33180. The location of the I!lnd subject to the~~ment. agreement is that certain parcel located at thellOrthweSl<~st and southwest comers of the Intersection of NE 28 Co\Art....'the current and future.NE 185" Street.in the City of Aventura.. The JegiIl'de8cription of the land is as follows: ;1';-:;;: . lflWlt,kApolfjon-ofthe $OUthwest,".,Fractional Section 3, Township 52' South, Range 42 East,. Miami-Dade County. .....RoridIl Tract B: A portion of thesoulhwest. l4 of Fractional .seetiOn 3. TOWl1$1\ip 52 South, 'Rartge 42 east,M/ami~Dade COurity . ........ '" -. ." ..' Tract C: A ~"fle"east ~;Otthp~1hWt,~.of the south~ east 14 of the southwest 14 of Fractional Section 3, Township 52 = ~~d'Jti\;'~~-:~~'Nt~6:~::S J*cc.~'in;~. . ~~.,....eoOfit1e:. :.Pubiic RecordS of Mi&mi-lYaae CoUnty,1=IOiida ." <. '-.'~ '. . . . .... ~ lying at theinfers8ction pf NE28Coult lindNE 1~ Street in . ~.. :~1'~\"'.", ,.f..~)r:;.;;i;.\;f,;n~t.i,;;;~>~":(?,., .'. "', ,1~ft"Hw~ent. IQXe4COItttnis- .."&t~ . .......... "".io1)e' constructed under the City's RMF-f ~.~ '.. ,with 62' to\Nl1tiome units.. 205 ominiumurilta arM:tt~ .' -8tYIe apartment units. for atotal'Pf idential units. TheapprtWedOevelopment 'Agfeeiniintpiovi' maximum ~ght of theT~hornePercel is 3 storjepOf.35 feet; thylaximumheigbt C~m~llla! 18:st0ri8lor 1.; iriI the maximum .' ~UlftsParcel.13: fstoties or 206'1 0"..1'tMJ. floor area. -~ the maximum~ 2.0 floor area ratio allowed in the RMF4 ; .' . '-.,: - . -<.+ ;~;:~ The proposed arner.d_ to the approved Agreemel1t will change. the n~ of ~ in. the ' Parcel- (n~of. Pr~N~J86~westofNE28 18 stories to 19. stones. .111 aQ<>...,.rJMts. the approved ,.... . . t Agreement will remain unchanged. A copy of the P~i~ Development Agreement is available from the ~!Of~:.CIt1.r1<. 19200 West: Country Club Drive, A~ra, AOrida,..::,' '.' 9/10 Teres~_~._~O~1~~~~::~~ ~ 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 O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legai 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 10/5/2004 MERCO GROUP AT AVENTURA LANDINGS I, II & III, INC. in the XXXX Court, was published in said newspaper in the issues of 09/23/2004 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 thO advert' t for publication in'the said newspaper Sworn to and subscribed before me this 23 day of SEPTEMBER ,A.D. 2004 C~,dm~ (SEAL) O.V. FERBEYRE personally known to me ~ Cheryl H Marmer ~ ' D . . My CommlSllOll D338559 '~,.'J Expires July 18,2008 4 < f ,ij. CITY OF AVENTURA NOTICE OFPU8LIC HEARING Date 8~ TIme of Public HearIng: Tuesday, October 5,2004 6:00 p.m. Applle.... AlMIu.... Merco Group 'at Aventura Landings I, II and Ill, Inc. (03-VAR-03 Revi- ~n) , --~-~-BPPIk:ant.. Marco Group' at' Aventura Landings I, /I and III, lric~, is requ8stll"lg, modification to Sec-, tion1. or Resolution' No. 2003-64 passed on September 2, 2003 to al- low a minimum street side yard set- back of twO' feet ten inches for sec- ond story patio and a minimum street side yard setbackot four feet four iriches for second' story bay window on Lots 20,21,25,30,31, 45, 50, 53, 54 and 57 In the town- home parcel, where a minimum street Side yard setback of 7.5' is al-. lowed by Resolution, No. 2003-64. The minimum street side yard set- back of 7.5' will be maintained on the first floor of the units. Applicant NamelNumber: Location of Subject Property: NE 28 Court at NE 185 Street, Aventura Lengthy legal- you may contact the Community Development. Depart- ment for cOmplete legal ~cription Plans are on file and may be examined during regular business hours at the City of Aventuta GQvemment Center, Community Development. Department, 192ooWestCountry Club Drive, Aventura. Florida, 33180.: Plans may be modified at or before the Public Hearing. The application may change during #Ie hearing process. Legal Description: The Public Hearing will becheld alCity of Aventura Govemment Center, 19200 West Country Club Drive, Aventura, Florida 33180. Your com- ments may be made in person at the hearing or filed in writing prior fo the hearing dilte. Refer to applicant/property on correspondeOce and mail same to City of Aventura Government Center, Community Oevelopmen~ Department, 19200West Country Club Drive, Aventura, Florida, 33180,1 For further.information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990; all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Of- fice of the City Clerk, 466-.1 , not later than two business days prior to such proceedings. If a person decides to appeal ilny decisIOn made by the City Commission with respect to any matter considered at a meeting or hearing, that per- son 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. 9/23 Teresa M. Soroka, CMC, City Clerk 04-3-59/488095M