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06-05-2012
City Commission CitvManagrs Susan Gottlieb, Mayor City ®f Eric M. Soroka, ICMA -CM Bob Auerbach AiTe6f-W � City a M. Bo Diamond Ter esa M. Soroka, MMC Teri Holzberg Billy Joel _, CitvAttomey Michael Stern Weiss Serota Delfrnan Luz Urbiez Weinberg Pastoriza Cole & Boniske JUNE 59 2012 following 6 pm LPA Meeting Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Employee Service Awards FIU First Generation Award Scholarship Participants Aventura 101 Citizen Academy Graduation 5. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: May 1, 2012 Commission Meeting May 22, 2012 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY June 5, 2012 MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $37,000 FOR TASERS AND RELATED EQUIPMENT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000 FOR CONFERENCE ROOM MODIFICATION BUILD OUT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE STATE OF FLORIDA AND THE U.S. CONGRESS TO SUPPORT AND PROVIDE FUNDING FOR THE CENTRAL EVERGLADES PLANNING PROJECT; AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING ADOPTION OF COUNTY- WIDE ORDINANCE TO PROHIBIT THE SALE AND DISTRIBUTION OF CANDY FLAVORED TOBACCO PRODUCTS, WHICH ARE COMMONLY MARKETED TO YOUTHS; PROVIDING FOR DISTRIBUTION OF RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 June 5, 2012 6. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR JARED THE GALLERIA OF JEWELRY STORE ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING— PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET 3 June 5, 2012 AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING — PUBLIC HEARING: None. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING June 14, 2012 9AM 5`n FL. EX. CONFERENCE ROOM COMMISSION MEETING July 10, 2012 6PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305- 466 -8901. 4 99 MINUTES CITY COMMISSION MEETING MAY 1, 2012 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. City Manager Eric M. Soroka was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Susan Fried. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. ELECTION OF VICE MAYOR: After motion made by Vice Mayor Joel, seconded by Commissioner Diamond and unanimously passed, Commissioner Holzberg was elected Vice Mayor for the next 6 -month period. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Weinberg, seconded by Commissioner Stern, passed unanimously and the following action was taken: A. The following minutes were approved: April 3, 2012 Commission Meeting April 19, 2012 Commission Meeting April 19, 2012 Workshop Meeting B. Resolution No. 2012 -18 was adopted: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 11- 5 -16 -2, BY AND BETWEEN THE CITY AND UNDER POWER CORP.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE C. Resolution No. 2012 -19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRASNPORTATION RIGHT -OF -WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI - DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2012 -20 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO BANK OF AMERICA, N.A. IN ACCORDANCE WITH REQUEST FOR PROPOSALS #12- 03 -05- 2; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. Mr. Wolpin advised that this matter is quasi - judicial in nature, reviewed the procedures and read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING SIGN VARIANCE FOR ARTEFACTO HOME ON PROPERTY LOCATED AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. After being sworn in by Mrs. Soroka, Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. A motion for approval was offered by Commissioner Auerbach and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no 2 speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2012 -21 was adopted. 8. ORDINANCES: FIRST READING /PUBLIC HEARING: None. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -08 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2011/2012 FISCAL YEAR BY REVISING THE 2011/2012 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2012 -04 was enacted. B. CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2012113 (JULY 1 — JUNE 30), 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 Diamond and seconded by Vice Mayor Holzberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2012 -05 was enacted. 10. RESOLUTIONS — PUBLIC HEARING: None. K3 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Raya Elias - Pushett, 21224 Harbor Way; Sheri Russos, Rosa Nacaratto, Admirals Port; Enbar Cohen, Del Prado. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:35 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. (Certain items taken out of order) 1. RENEWABLE ENERGY DEVICES AMENDMENT TO LDR (City Manager): Mr. Soroka reviewed the proposed ordinance as redrafted by Community Development Director Joanne Carr in accordance with Commission discussion at the April 19, 2012 Workshop Meeting. CITY MANAGER SUMMARY: Consensus to proceed with first reading at the July 2012 meeting. 2. SELF STORAGE FACILITIES AS A CONDITIONAL USE IN THE MEDICAL OFFICE DISTRICT (City Manager): In response to a recent request, Ms. Carr discussed amendment to the Medical Office zoning district to add "self service storage facilities with a minimum of 1.5 acre lot size ". CITY MANAGER SUMMARY: Consensus to proceed with first reading of ordinance at July 2012 meeting. 3. RESOLUTION SUPPORTING CENTRAL EVERGLADES PLANNING PROJECT (Mayor Gottlieb): Mayor Gottlieb provided Commission with the draft resolution. CITY MANAGER SUMMARY: Consensus to proceed with resolution at June 2012 meeting. 4. STUDENTS WORKING AGAINST TOBACCO: Due to the time of year, no students were able to appear before the Commission. Javier Perez Berezdivion from Killian High School addressed the Commission and urged the passage of a resolution restricting the sale of candy - flavored tobacco products in various forms which target children. Aventura resident Rita Zemlock echoed his remarks. CITY MANAGER SUMMARY: Consensus to proceed with resolution. 5. ART IN GOVERNMENT FACILITIES (Commissioner Diamond): Commissioner Diamond suggested that a Committee be formed, to include the City Manager and Mayor, to approve and provide for placement of donated art in government facilities. CITY MANAGER SUMMARY: Consensus to proceed and draft enabling ordinance. MINUTES The of CITY COMMISSION Aventura Government Center �y WORKSHOP MEETING 19200 W. Country Club Drive MAY 22, 2012 gam Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. (Certain items taken out of order) 1. RENEWABLE ENERGY DEVICES AMENDMENT TO LDR (City Manager): Mr. Soroka reviewed the proposed ordinance as redrafted by Community Development Director Joanne Carr in accordance with Commission discussion at the April 19, 2012 Workshop Meeting. CITY MANAGER SUMMARY: Consensus to proceed with first reading at the July 2012 meeting. 2. SELF STORAGE FACILITIES AS A CONDITIONAL USE IN THE MEDICAL OFFICE DISTRICT (City Manager): In response to a recent request, Ms. Carr discussed amendment to the Medical Office zoning district to add "self service storage facilities with a minimum of 1.5 acre lot size ". CITY MANAGER SUMMARY: Consensus to proceed with first reading of ordinance at July 2012 meeting. 3. RESOLUTION SUPPORTING CENTRAL EVERGLADES PLANNING PROJECT (Mayor Gottlieb): Mayor Gottlieb provided Commission with the draft resolution. CITY MANAGER SUMMARY: Consensus to proceed with resolution at June 2012 meeting. 4. STUDENTS WORKING AGAINST TOBACCO: Due to the time of year, no students were able to appear before the Commission. Javier Perez Berezdivion from Killian High School addressed the Commission and urged the passage of a resolution restricting the sale of candy - flavored tobacco products in various forms which target children. Aventura resident Rita Zemlock echoed his remarks. CITY MANAGER SUMMARY: Consensus to proceed with resolution. 5. ART IN GOVERNMENT FACILITIES (Commissioner Diamond): Commissioner Diamond suggested that a Committee be formed, to include the City Manager and Mayor, to approve and provide for placement of donated art in government facilities. CITY MANAGER SUMMARY: Consensus to proceed and draft enabling ordinance. 6. RESOLUTION OPPOSING FPL RATE INCREASE (Commissioner Auerbach): As discussed at the Miami -Dade County League of Cities' Energy, Environment and Natural Resource Committee on which he serves as a member, Commissioner Auerbach recommended that the Commission adopt a resolution and /or letter opposing the proposed base rate increase by Florida Power & Light. Aletha Player and Jorge Martinez, representatives of Florida Power & Light, addressed the Commission. CITY MANAGER SUMMARY: Consensus to take no action at this time pending further review by the Miami Dade County League of Cities. 7. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 11 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: City Commission Mu DATE SUBJECT MEMORANDUM Eric M. Soroka, ICMA -CM, C April 30, 2012 Law Enforcement Mutual Town of Bay Harbor Islands nt Between the City and the June 5, 2012 City Commission Meeting Agenda Item 5'3 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Town of Bay Harbor Islands. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1773 -12 MUTUAL AID AGREEMENT WITNESSETH WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida, and the Town of Bay Harbor Islands, Florida (collectively, the "Parties ") to ensure the pubic safety of their citizens by providing adequate levels of police service to assess any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural man -made conditions which are, or likely to be, beyond the control of the services, personnel, equipment, or facilities of the Aventura Police Department and the Bay Harbor Islands Police Department (collectively, the "Agencies "); and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations including, but not limited to emergencies as defined under Section 252.34(3), Florida Statutes; and (2) Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Parties have authority under Part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into: (1) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies; and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political subdivision of the State of Florida and the Town of Bay Harbor Islands, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for the City of Aventura and the Chief of Police for the Town of Bay Harbor Islands (collectively "Agency Heads ") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration "). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE (a) In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency, Agency Head, or his/her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his /her supervisors if necessary and will respond in a manner he /she deems appropriate. The Agency Head's decision in this regard shall be final. (b) The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. (c) Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in the furtherance of this Agreement, they shall be empowered to render enforcement assistance and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS (a) Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of Aventura or Bay Harbor Islands under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. (b) Each Party agrees to furnish the necessary equipment, resources, and facilities and to render services to each other Party to the Agreement as set forth above; provided however, that no Party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (c) The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. (d) The Agency furnishing aid pursuant to this section shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. HOWEVER, if the requesting Agency receives compensation from the Federal Emergency Management Agency (FEMA), the requesting Agency may compensate the assisting Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to this Agreement. (e) All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents or employee of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. (f) Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under this Agreement. SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter -named officials and shall continue in full force and effect until the expiration of a period of five (5) years from the date hereof, unless terminated prior thereto by any or all of the Parties herein. SECTION VII: CANCELLATION This agreement may be cancelled by any Party upon delivery of written notice to the other Party or Parties. Cancellation will be at the direction of any subscribing Party. IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date specified. Ronald J. Wasson Town Manager Town of Bay Harbor Islands Date: Duncan W. Young Chief of Police Bay Harbor Islands, Florida Date: Eric M. Soroka City Manager City of Aventura Date: ---Steven Steinberg Chief of Police Aventura, Florida Date: Z'y►�:' ATTEST: Marlene Marante Town Clerk Bay Harbour Islands, Florida ATTEST: Teresa M. Soroka City Clerk City of Aventura, Florida JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: Participating in law enforcement activities that are preplanned and approved by each respective agency head; or Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and the Town of Bay Harbor Islands, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of April, 2012. Duncan W. Young Chief of Police Bay Harbor Islands, Florida Date: even Steinberg Chief of Police Aventura, Florida Date: L- ATTEST: ATTEST: Marlene Marante Town Clerk Bay Harbor Islands, Florida Approved as to form and legal sufficiency: Town Attorney Bay Harbor Islands, Florida Teresa M. Soroka City Clerk Aventura, Florida Approved as to form and legal sufficiency: City Attorney City of Aventura, Florida Date: Date: RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Town of Bay Harbor Islands for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 5t" day of June, 2012. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney /tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, DATE: May 11, 2012 SUBJECT: Resolution Declaring Equipment Surplus June 5, 2012 Commission Meeting Agenda Item f-C- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1774 -12 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. roka, City Manager FR , Chief of Police DATE: 11 May 2012 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Properly as per City of Aventura APDP, Chapter S, Subsection 5, Page 1, as these items have become Inadequate for public purposes: Veh # VIN Model Make 2502 2FAFP71W55X132560 Crown Victoria Ford 2FAHP71V19X128835 Crown 3983 Victora Ford CITY OF AVENTURA ' LICE DEPARTMENT OFFICE MEMORANDUM TO: Eric M. So W, C* Manager of Police DATE: 16 May SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Request that the attached list of 73 Tasers be surplused at the next Commission meeting CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: Chief Steinberg FROM: Lt. M. Mauer J SUBJECT: Taser buy Back Program DATE: May 18, 2012 The folkrwing Tasers are being sent back for the Taser buy back program. 1. X00 - 308972 2. X00 - 195690 3. , X00- 203564 4. X00 -11971 . 5. X00 - 161373 6. X00 - 399485 7. X00 - 546286 8. X00 - 484781 9. X00-496305 10. X00 - 546512 11. X00 - 546202 12. X00 - 583658 13. X00- 632358 14. X00- 632354 15. X00- 628451 16. X00 - 628416 17. X00 - 628123 18. X00 - 603353 19. X00 - 614132 20. X00 - 614105 21. X00- 612251 22_X00 - 583247 23.X00- 582916 24. X00 - 582889 25. X00 - 392504 26. X00 - 480492 27,X00-481698 A - 28. X00 - 482317 29. X00 - 482998 30. X00 - 482999 31. X00484720 32. X00 - 484725 33. X00 - 484736 34. X00 - 484972 35. X00 - 496409 36. X00 -096431 37. X00 - 541874 38. X00 - 546239 39. X00 - 546258 40. X00 - 546283 41. X00- 546331 42. X00 - 546333 43. X00 - 546373 44. X00- 546461 45. Xo0- 546471 46. Xo0- 546497 47. X00 - 546510 48. X00 - 546513 49. X00 - 106574 50. X00 - 115605 51. X00 - 121069 52.X00- 121284 53.X00- 121284 54. X00- 143516 55. X00 - 143931 56. X00 - 158672 57. X00 - 167363 58. X00 - 195667 59. X00 - 167396 60. X00 - 203645 61. X00 - 203652 62. X00 - 203680 63. X00 - 246693 64. X00 - 246677 65. X00 - 246869 66. X00 - 309252 67. X00 - 375203 68. X00 - 383695 69. X00- 389523 70. X00 - 389556 71. X00 - 386666 72. X00 - 391353 73. X00 - 392389 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM; ve te'fi erg, ie dice DATE: 31 May 2012 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Year VIN Tag Model 2006 j2FAFP71W96X138475 128208 Crown Vic 2006 2FAFP71 W46X138481 128214 Crown Vic 2006 2FAFP71 W0BX138476 XA0926 Crown Vic 2006 2FAFP71 W26X138477 XA0929 Crown Vic 2006 2FAFP71 W26X138480 XA0928 j Crown Vic 2403 j2FAFP71W04X124736 129824 1 Crown Vic 2006 1 1FMPPU15576LA62818 1 1316417 Expedition RESOLUTION NO. 2012-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 2 PASSED AND ADOPTED this 5th day of June, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City DATE: May 16, 2012 SUBJECT: Disbursement of Police Forfeiture* �nds June 5, 2012 City Commission Meeting Agenda Item %-6 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $37,000 for Tasers and related equipment from the Police Federal Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1775 -12 CITY OF AYENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. S roka, City Manager FROM: vert'S�tefrt6e j, Chief of Po t DATE: 22 May 2012 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Tasers & related equipment $37,000 Total Expenditure Request: $37,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Tasem and related equipment — Requesting to use up to $37,000 out of LETF funds to purchase 31 X2 Tasers and related equipment. This purchase will complete transitioning over all sworn officer: to the X2 Taser. This Taser provides a tactical advantage, over the older model X26 Taser, to an officer in the event they have to apply less than lethal force to a subject(s). CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ag r DATE: May 18, 2012 SUBJECT: Disbursement of Police Forfeiture s June 5, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $17,000 for conference room modification build out from the Police Federal Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1776 -12 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, Ci Manager FROM: --,-99WrnS7inberg, Chief of Police DATE: 1$ May 2012 SUBJECT: Use of Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of Conference room modification build out .._ $17,000 Total Expenditure. Request: $47,000 Summary Conference room modification build out — I am asking for the Commission to approve an expenditure of up to $17,000 to expand the conference room in the Administrative office area of the Police Department. As this agency has grown the use of the room has increased and its size has proven to be much smaller than needed. The cost would cover the moving of a wall to make the room larger and furniture and equipment for the room. AGENDA ITEM 5 -F RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE STATE OF FLORIDA AND THE U.S. CONGRESS TO SUPPORT AND PROVIDE FUNDING FOR THE CENTRAL EVERGLADES PLANNING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Greater Everglades Ecosystem is a globally imperiled habitat and the primary source of drinking water for the City of Aventura; and WHEREAS, Everglades National Park is critical to South Florida's tourism, with nearly a million people visiting each year, 30 percent of whom are from outside the United States; and WHEREAS, the Everglades ecosystem has continued to decline in the face of restoration delays and an expedited solution is needed to increase the quality, quantity, timing and distribution of freshwater flows into the central Everglades, Everglades National Park and Florida and Biscayne Bay; and WHEREAS, increased deliveries of water south of Lake Okeechobee will reduce damaging discharges to the Caloosahatchee and St. Lucie estuaries; and WHEREAS, the goal of the Central Everglades Planning Project (CEPP) is to significantly reduce planning times and deliver a finalized plan, for a suite of restoration projects in the central Everglades within 18 months; and Resolution No. 2012 - Page 2 WHEREAS, full support and funding by the State of Florida and the U.S. Congress is needed to implement this project, protect regional water supply, create much needed jobs and strengthen the local economy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The City of Aventura urges the South Florida Water Management District, the state of Florida and the U. S. Congress to support and provide funding for the Central Everglades Planning Project. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 5th day of June, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City na r DATE: May 29, 2012 SUBJECT: Resolution Supporting Adoption of Prohibit the Sale and Distribution Products County -Wide Ordinance to of Candy Flavored Tobacco June 5, 2012 City Commission Meeting Agenda Item S' 6 As discussed and reviewed at the May Workshop Meeting, please find the attached subject Resolution for your approval. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1777 -12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING ADOPTION OF COUNTY- WIDE ORDINANCE TO PROHIBIT THE SALE AND DISTRIBUTION OF CANDY FLAVORED TOBACCO PRODUCTS, WHICH ARE COMMONLY MARKETED TO YOUTHS; PROVIDING FOR DISTRIBUTION OF RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has been advised that candy- flavored tobacco products were introduced as part of an industry trend to manufacture smokeless products in response to declining cigarette use and the enactment of smoke -free laws; and WHEREAS, the packaging and advertising of candy- flavored tobacco is appealing to teenagers, and studies have shown these products contain high levels of absorbable nicotine; and WHEREAS, the City has been advised that studies show that almost 90% of adult regular smokers started tobacco use before the age of 18; and WHEREAS, many local governments in Florida have passed resolutions supporting the banning of the sale and distribution of candy- flavored tobacco products; and WHEREAS, reports indicate that tobacco companies appear to target youth with candy and alcohol flavored products to mask the harsh and toxic properties found in tobacco; and WHEREAS, it is reported that despite age restrictions on the sale of tobacco products, there has been a substantial increase in cigar use among high school students since 2002 despite the well -known and very substantial health risks ; and WHEREAS, the City Commission supports the restriction of the distribution and sale of all flavored tobacco products, so that the public health will be protected and enhanced. Resolution No. 2012 - Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That the City Commission of the City of Aventura, Florida hereby supports the dedicated efforts of Students Working Against Tobacco (SWAT) , and the Florida International University Stempel School of Public Health, to promote the adoption of laws restricting the distribution and sale of flavored tobacco products, and supports and encourages the efforts of Miami- Dade County to establish a uniform county- wide ban on the sale and distribution of flavored tobacco products to the fullest extent authorized by applicable law. . Section 2: That the City Clerk is hereby requested to provide copies of this Resolution to the Miami- Dade County League of Cities, the Miami- Dade County Commission and any other appropriate parties. Section 3. That this Resolution shall become effective immediately upon its passage and adoption by the City Commission. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice -Mayor Teri Holzberg Mayor Susan Gottlieb who moved and upon being Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 5h day of June, 2012. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: rian K. Raducci, Finance Director DATE: May 30, 2012 SUBJECT: Refinance of the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A June 5, 2012 City Commission Meeting Agenda Item 5_9 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which sets forth the ranking of firms to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. 1St Reading June 5, 2012 City Commission Meeting Agenda Item _ 2 "d Reading June 14, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance Authorizing the issuance of not to exceed $10,000,000 in aggregate principal amount of obligations of the City to Refinance the acquisition and construction of various capital improvements and to pay costs and expenses of issuing such obligations. BACKGROUND At the April 19, 2012 Workshop, the City Manager made a presentation and recommendation to the City Commission, and was authorized to take the necessary action to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A so long as the Net Present Value (NPV) savings as a percentage of the refunded bonds would be at a level of 4% or more. The original Revenue Bonds have a final maturity ( "full term ") of August 1, 2032. On April 22, 2012 the City issued an Invitation to Bid (ITB #12- 05 -21 -2) to obtain proposals for the purpose of selecting a firm to provide a not -to- exceed $10,000,000 Bank - Qualified Loan (evidenced by a single bond) to finance the cost of refunding the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. The City advertised the availability of the ITB in the Miami Herald on April 22, 2012. In addition, a solicitation package was made available from www.demandstar.com and emailed to various banks on April 23, 2012. This Loan will be secured by a Covenant to Budget and Appropriate from legally available Non -Ad- Valorem revenues. FINANCIAL ADVISOR'S ANALYSIS AND RECOMMENDATION On May 21, 2012 four (4) firms submitted proposals to the City. Upon receipt of said proposals they were forwarded to Craig Dunlap, our Financial Advisor of Dunlap & Associates, Inc. for his review and analysis. In his email dated May 30, 2012 he provided the following analysis and recommendation: ANALYSIS SunTrust SunTrust offered two (2) options at rates of 2.18% and 2.30% for a final maturity of August 1, 2027. This is five (5) years shorter than the existing FIFC maturity of August 1, 2032. The difference in rates is attributable to the call options. The higher rate allows the bank loan to be called at par after three (3) years and the lower rate provides for the bank loan to be subject to a "make whole" provision. This essentially makes the bank loan uneconomical to refund even though it is callable at any time. Given the historically low rate of 2.18% for 15 years, it was determined that rates would have to go below 1.25% to make another refinancing feasible. J.P.Morgan J.P.Morgan offered four (4) options with rates ranging from 2.40 % - 2.82 %. None of these options were for the full term of the loan and all options were subject to the bank "tendering" the loan back to the City prior to the final maturity. This was not a feasible option for the City due to the uncertainty of interest rates if the loan was "tendered ". BB &T BB &T offered two (2) options, both had fixed rates to maturity. The first rate quoted was 2.67% with a final maturity of August 1, 2028 and the second rate quoted was 3.76% with a final maturity of August 1, 2032. The rates were fixed however, they were not competitive with the SunTrust proposal outlined above. SunTrust Equipment Finance & Leasing Corp. The SunTrust Leasing proposal was at a rate of 2.35% for a term of fifteen (15) years. The final maturity would be August 1, 2027. This rate was not competitive with the SunTrust proposal outlined above. RECOMMENDATION "Based upon the terms and conditions included in the Invitation of Bid distributed April 22, 2012, we are recommending that the bid be awarded to SunTrust. The indicative interest rate bid, based upon a 2013 -2017 amortization period, is 2.18 percent. The rate is firm as long as the closing occurs by June 15, 2012. Based upon this rate, the 2 present value savings is approximately $2.59M which represents a 25.5% of refunded par. The comparative debt service for the Fiscal Years 2012 -2027 is essentially the same that currently exists however, the amortization period is reduced from 2032 to 2027." In addition, I have attached Craig Dunlap's letter dated May 30, 2012 ( "ATTACHMENT A ") in which he provides a summary of the bids, present value savings, the All -In True Interest and his formal recommendation. Based on the foregoing, the Administration is recommending that the City Commission: 1. Approve the attached resolution establishing a ranking of firms to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. Adoption of this resolution will authorize the City Manager or his designee to negotiate a contract with SunTrust to refinance said Capital Revenue Bonds. In the event, that a satisfactory contract with that firm is unable to be attained, the City Manager or his Designee is authorized to negotiate a contract with the alternate firms. 2. Approve the attached Ordinance Authorizing the issuance of not to exceed $10,000,000 in aggregate principal amount of obligations of the City to Refinance the acquisition and construction of various capital improvements and to pay costs and expenses of issuing such obligations. (Second reading is scheduled for June 14, 2012.) Additionally, at the June 14, 2012 Commission meeting, the Commission will be asked to adopt a Resolution which authorizes the execution of a Bank Qualified Loan Agreement with the bank that best meets the City's needs as outlined in the ITB. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR /bkr 3 ATTACHMENT A Dunlap & Associates, Inc. Financial Consultants May 30, 2012 Brian Raducci CPA Director of Finance City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Dear Brian, The City of Aventura, Florida received four (4) responses to a competitive Invitation to Bid (ITB) on May 21, 2012. The purpose of this ITB was to refinance the Florida Intergovernmental Financing Commission (FIFC), Series 2002A Bonds issued on behalf of the City to build a Charter School. The bidders were: 1. SunTrust Bank 2. SunTrust Leasing 3. J.P. Morgan Chase Bank 4. BB &T A summary of the bids, present value savings and All -In True Interest Cost is attached. It is our recommendation to the City that they accept the SunTrust, Option 1 bid for the following reasons: 1. The amortization is shortened from 2032 to 2027 and the annual debt service is essentially equal to the annual debt service on the FIFO, Series 2002A Bonds being refunded for the Fiscal Years 2013 -2027. 2. The quoted interest rate of 2.18% is locked in as long as the closing occurs by June 15, 2012. 3. The quoted interest rate of 2.18% is justified even though the Series 2012 bank loan will be subject to a "make- whole" call, essentially making the 15 year loan non- callable. 4. The present value savings level is approximately $2,594,000 or 25.5% of refunded par. The GFOA guidelines recommend refunding where the percent of savings is 3 -5 percent of refunded par. 5. The total debt service of the Series 2012 bank loan will reduce this total interest cost when compared to the FIFO, Series 2002A Bonds by approximately $3,800,000. 1146 Keyes Avenue Winter Park, Florida 32789 Telephone: 407.678.0977 Telecopy: 407.678.6240 Dunlap & Associates, Inc. Financial Consultants The award of this bank loan to SunTrust should be considered at the June 14, 2012 meeting and if approved, closing will occur on June 15, 2012. If you have any question, please call me at (407) 678 -0977. Sincerely, F J. raig D2 lap esident Dunlap & Associates, Inc. 1146 Keyes Avenue Winter Park, Florida 32789 Telephone: 407.678.0977 Telecopy: 407.678.6240 4 ~$§$ \q$\ \k0�&74cc agapaf�� § §m I ~2g� A R R CO 7 « \ » 4 ~%K § / %$& E\o_C� g»8®N 0- ® a n��o» \�$ \ \I k ^E /kƒ \ \/ $ §kRm ~RRa oLf)c a \BCD f ^wo J 0) ® N 7 �c2N2MON a §R2©\�R§ oRrocco ®a0�\ /G@= \ %� �§k G � . ) | N7am$77N i �GcSa@ "i oo 6 /\wmq -w \ ~k -� �§£ R R n q m k & Cl) a K ( �ozc@oo= c~ - gam k . �Q0Cq N0 2 _U *)0 F- %� ~§ / §�% § /� � CL 0) ® 2 k 04 Ch \ ¢\�§2 §(\\ �Lo0 Nww %- E 2 §§ Lo \ \k 7 m D o E ~ k f f e « / CL LL § �7 §b �o /=$c! R *¥ n�� Q 1pLoq GIq f ta_2w ?5k mtoN $. °!a /� oq R %« ~ } � I ) �\° |7\ALu«) < \ f§ \ , /G3 3 ] §) (_ 80 (D » 000E §k ; / \ff « ] §] ' a % =&Ccf <c 7 o07nme2= RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with its Charter and applicable State law, has requested proposals for the purpose of selecting a firm to provide a not- to- exceed $10,000,000 Bank - Qualified Loan (evidenced by a single bond) to finance the cost of refunding the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. ($10,165,000 outstanding). This Loan will be secured by a Covenant to Budget and Appropriate from legally available Non -Ad Valorem revenues; and WHEREAS, said proposals were evaluated by our Financial Advisor — Dunlap & Associates, Inc.; and WHEREAS, said Financial Advisor recommends the ranking of the four firms, based on the following factors: ability to provide the type and quality of services requested in the proposal; approved rate or rates of interest, as applicable; prior experience servicing local governments; references and additional fees; and WHEREAS, the City Commission desires to authorize the City Manager or his Designee to negotiate rate or rates of interest and associated fees with the top ranked Resolution No. 2012 - Page 2 firm and with the alternate firm(s), should negotiations with the top ranked firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The ranking of firms to refinance City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A are: 1) SunTrust 2) J.P.Morgan 3) BB &T 4) SunTrust Equipment Finance & Leasing Corp. Section 2. The firms have been rated on the basis of their ability to provide the type and quality of services requested in the proposal; approved rate or rates of interest, as applicable; prior experience servicing local governments; references and additional fees. Section 3. In the event the City is unable to come to favorable terms and fees with the top ranked firm, the City Manager or his Designee is hereby authorized to negotiate fees with the alternate firms. Section 4. The City Manager or his Designee is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution. Section S. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez- Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 5t" day of June, 2012. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Manager BY: Joanne Carr, AICR Community Development Director DATE: May 14, 2012 SUBJECT: Request of Aventura Grand Cove, LLC for Sign Variance Jared, the Galleria of Jewelry Retail Store 19001 Biscayne Boulevard, City of Aventura (03- SV -12) June 5, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit two walls signs measuring 47.28 square feet each, with one wall sign on the front (north) and the second wall sign on the side (west) building elevation; where one sign measuring 95.66 square feet is permitted by Code, for the Jared, the Galleria of Jewelry retail store at 19001 Biscayne Boulevard, with the condition that the sign drawings submitted for permitting substantially comply with the sign drawings attached as an exhibit to this application for sign variance. THE REQUEST The applicant, Aventura Grand Cove, LLC, is requesting variance from Section 31- 1910)(2)a. of the City Code to permit two wall signs on a one -story freestanding retail building in the Aventura Grand Cove Shopping Plaza at 19001 Biscayne Boulevard, where one wall sign is permitted by Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Grand Cove LLC APPLICANT Aventura Grand Cove LLC LOCATION OF PROPERTY 19001 Biscayne Boulevard (See Exhibit #2 for Location Map) LEGAL DESCRIPTION Part of the northeast' /4 of the northwest '/4 of the southwest '/4 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami -Dade County, Florida (See Exhibit #3 for complete legal description) ZONING Subject property: Property to the North: Property to the South: Property to the East: Property to the West: EXISTING LAND USE B2, Community Business District B2, Community Business District and TC1, Town Center District TC1, Town Center District TC1, Town Center District Biscayne Boulevard Subject property: Commercial Plaza Property to the North: Gas Station & Car Wash, Parking Area Property to the South: Commercial Plaza Property to the East: Commercial & Office Plaza Property to the West: Biscayne Boulevard FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Town Center Property to the North: Town Center Property to the South: Town Center Property to the East: Town Center Property to the West: No designation — Biscayne Boulevard The Site - The subject building lies within the Aventura Grand Cove Plaza on the east side of Biscayne Boulevard, south of NE 191 Street, and contains existing retail, restaurant and bank tenant spaces. The specific site is the former freestanding retail building in the southwest corner of the plaza. This former building was demolished and a new building is under construction to house Jared, the Galleria of Jewelry retail store. The Project — The applicant is proposing to open a 6,063 square foot Jared, the Galleria of Jewelry, in the newly constructed outbuilding on this plaza site. The applicant has submitted a sign package for the new store and is requesting two signs; one sign on the front (north) elevation of the building facing the interior of the plaza, above the front entrance door and one sign on the side (west) elevation facing Biscayne Boulevard. The sign package, showing location of the two requested wall signs, is attached as Exhibit #4. The new building has 95.66 feet of frontage. Our City's Sign Code permits one wall sign measuring a maximum of 95.66 square feet. The applicant is proposing one 47.28 square foot wall sign on the front (north) elevation of the building facing Biscayne Boulevard and one 47.28 square foot wall sign on the side (west) elevation. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written or verbal citizen comments. ANAI YSIS Section 31- 1910)(2)a. of the City Code regulates wall signs on retail buildings. One wall sign per building is permitted, except two wall signs may be permitted for corner or through locations. This is not a corner or through location. The maximum size of the sign is one square foot for each one lineal foot of building frontage. This building has a frontage of 95.66 lineal feet; therefore, one wall sign at 95.66 square feet is permitted by Code. The applicant requests approval to install two wall signs, one 47.28 square foot sign on the front (north) elevation of the building above the store entrance doors and one 47.28 square foot sign on the side (west) elevation facing Biscayne Boulevard, measuring an aggregate of 94.56 square feet. The two requested signs are within the maximum sign area that would be permitted by Code for one wall sign at this location. The criteria for approval of sign variances are set out in Section 31- 1910)(8) of the City of Aventura Land Development Regulations, as follows: "The Sign Variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required." 3 The proposed wall sign on the west elevation of the building will identify the store for traffic on Biscayne Boulevard. The proposed wall sign on the north elevation will then direct customers, once inside the plaza, to the front door of the store. The total area of the two wall signs, at 94.56 square feet, does not exceed the permitted size of 95.66 square feet for one wall sign at this location. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The signs are compatible with surrounding land uses, will not be detrimental to the community and will effectively index the environment. The two signs will direct customers to the store. 4 AVENTURA GRAND COVE, LLC 2627 Northeast 203`a Street, Suite 118 Aventura, Florida 33180 LETTER OF INTENT May 1, 2012 City of Aventura Community Development Department 19200 W. Country Club Drive Aventura, Florida 33180 RE: Letter of Intent In Connection With Application For Sign Variance Regarding Jared, the Galleria of Jewelry located at Aventura Grand Cove Center Dear Sir or Madam: As was previously announced, Jared, the Galleria of Jewelry, intends to establish one of their prestigious galleries in Aventura. We are proud to say that Jared's is opening its Aventura location of their nationwide retail chain at Aventura Grand Cove Shopping Center. Jared's is currently in the process of building its new, state of the art facility. The Galleria will be facing the highly visible Biscayne Boulevard thoroughfare. The Jared's group have engaged top -level construction companies, engineers, architects, etc. and have fashioned a template in the design and construction of their numerous, well -known galleries. Accordingly, Jared's desires and is seeking the City's approval to place its internationally known signature sign on the Galleria. As you can see through the professionally prepared designs and plans being submitted herewith, it is Jared's intention to build a high -end, quality structure that would house an equally high -end business within our City. As such, completing the picture with the Jared signature, as beautifully displayed in the attached renderings, will result in an extremely favorable "poster" for the City of Aventura and its citizens. We are always available for your input, comments and questions. Please let us know if there is anything we can do to assist you in facilitating your review. Thank you very much. Respectfully submitted, AVENTURA GF A COVE, LLC, By: - ROY RAIT anaging Member of Manager Exhibit #1 03 -SV -12 err `*0 50I n. FMP"ly THAT PORTION OF THE N.E. 114 of THE N.W. 114 OF THE S.W. 114, SECTION 3. TOWNSHIP S2 SOUTH, RANGE 42 BAST. DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCB AT THE WEST IN OF SAID SECTION 3; THENCE N8603T3008 793.49 FEET ALONG THE NORTH I =OF SAID S.W. 114 OF SECTION 3 TO A POINT IN THE BASTTIRLY Rt0HT -OF- WAY LINE OF ROAD NO.4 (U.S. HIGHWAY 1) AS PER FLORIDA'S STATE ROAD DEPARTMENT RIGHT 43F -WAY FLANS RECORDED IN BOOK 34 AT PAGO 33 OF TIM PUBLIC RECORDS OF MIAMI -DADE COUNTY; THENCE 83108101'13 209.97 FBBT ALONO SAID EASTERLY RIGHT -OF- WAY LINE TO THE POINT OF BEGINNING: THENCE N86,3230"B 299.34 FEET ALONG A LINE THAT 18 PARALLEL WITH AND 210.00 FEET SOUTHERLY OF SAID NORTH LIMB OF THE B.W. U4 OP SECTION 3. AS MEASURED ALONG THE BART LINE OF THE N.E. 1/4 OF THE N.W. 114 OP THE B.W. 114 OF SECTION 3; THSMCS N4023'43"B 10.00 FEET; THENCE N86' 3730'% 75.00 PERT, TH13NCB 84'23*rE 50.00 FEET: THENCE N86'3230"B 73.14 FEET TO A LINE THAT A PARALLEL WITH AND PERFBNDICULARLY DISTANT 100.00 FEET WESTERLY LY OA SAID EAST LINE OF THE N.E. 114 OF THE N.W. 1 /4 O! TIM S.W. 114 OF SECTION 3; THENCE ALONG LAST SAID PARALLEL UNB 134W42"B 211.81 FEET TO A LINE THAT IS PARALLEL WITH AND 1`8RPENDICULARLY DISTANT 200.00 FEET NORTHERLY OF THE SOUTH LINE OF SAM N.E. 114 OF THE N.W.114 OP THE S.W. 1/4 OF SECTION 3; THENCE ALONG LAST SAID PARALLEL LINE 886829'21 "W 435.22 POET TO A POINT M TIE EASTERLY RTOH -OF -WAY LINE OF ROAD NO.4 (U.S. HIGHWAY 1); 'THENCE N3VV01`W 23220 FEET ALONG SAID EASTERLY RIGHT - OF -WAY LINE TO THE POINT OF BEGINNING. LESS AND EXCEPT A POII.TION OF THE NWIA OF THE SWi4 OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 42 BAST, DADS CQUMY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE WESTERLY 138.943 METERS (435.85 FEM OF TRACT "E', REGINA SQUARE SUBDIVISION, ACOORDINO TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 113, AT PAGE 27, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FWRIDA, THIS POINT LYING ON THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. S (U. S NO. I/BISCAYNE BOULEVARD), AS SHOWN ON SAID PLAT AND ON THE STATE OP FLORIDA STATE ROAD DEPARTMENT WW MAP PROJECT NO. 41, NOW KNOWN AS SECTION 87030 -2201, AS RECORMD IN PLAT BOOK 34, AT PAGE 33, OF SAID PUBLIC RECORDS OF MIAMI -PAVE COUNTY, FLORIDA; TRENCH RUN ND2'OT21 "W, ALONG SAID PJISIBRLY RIGHT OF WAY LINE, FOR A DISTANCE OF 76.721 METERS (`151.71 FURn TO THE POINT OF INTERSOMON WITH. A LINE 64.008 METERS (210.00 FEET) SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF IM NW'+4 OF THE SWYi OF SAID SECTION 3: THENCE RUN NrM41336B, ALONG TEST DESCRIBED PARALLEL L1M!, FOR A DISTANCE OF 4.846 METERS (15.40 PHUT) TO A POINT; THENCE RUN 802'07'21 "8 FOR A DISTANCE OF 76.717 METERS (251,69 FEET) TO THE POINT OP INTBRSBCTION WITiI THE NORTHERLY LINE Of BALD WESTERLY 138.943 METERS (433.85 FEET) OF TRACT "B ": THENCR RUN S87'32V -N' ALONG LAST DESCRIBED NORTHERLY LIMB, FOR A DISTANCE OF 4.846 MBIIIRS (1190 FEET) TO THE POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY L117 Q? SAID STATII ROAD NO, S AND THE POINT OF BEGINNING. TOGETHER WITH NON - EXCLUSIVE EASEMENT CREATED BY INI3RESS, EGR1338 AND ACCESS BASEMENT FILED IN BOOK 16356, PAGE 1.027. 37A20,6-z Special Warranty I Exhibit #3 03 -SV -12 Boo k27510 /Page1574 CFN #20100815013 Page 3 of 5 (D ƒ (� � }\. 3 ! (. }k � \\ . / \� / & \ k \ j \/ / ƒ/ �xj/ \ 2n \ / \} Exhibit «4 03 -SV -12 § | < P. ! ; \\ \} \ k � � :� ■ � {� n / f \ cm > Mond f |�nil , * � \ m ® ` { iO § - - \}/ ., o 00 Exhibit «4 03 -SV -12 § | < P. ! ; \\ \} \ k � � :� ■ � {� n / f \ cm > Mond f |�nil , O A �- N .p N '*1 r 4i1 � p Q i z z L� 2 n 0 v r1 Aj A 701 Pz j < O p � 0 A m N -D-I O z 10 V v co O C -i m r m D 1 O z v p N A •• T ZT z O z T r D O Z Exhibit #4 w_ N 03 -SV -12 ��M�M uo m � o imZ m n o 3 - D v n N m �rnin '..O s o °oo f+Z'I Dw fp C Z xR� ul �n F - -- - io � w_ N p � N � rn ;o N �1 r QLW J per. Z z x n O, v O p � A p A � Al ao •• m Z •v �+ Z m A N N N -<, o.< w oo vain.Z.._ G N n m B3 o ro o r� Exhibit #4 03 -SV -12 L *' 9 $ � � n v, rr � C � a• n Z i z Z < oyoo D zm n wow 01 � " °ate n w D wA Z 0 O N O� D r r M v ■ M N rn d n N z� v, rn O � O O 0000_ �0, Z p �A Z m Z m_ �� ° n op Z O C o Z C W c x OC D Z m T n i OA r > A Z C A O n 0 > n r = W n n r Z � C A OC C Z D D m O A ? A p z A n — c = cm rp m p D m z r T p c n nv_ a A o oo g N m p A Z c o f orn m rn 0 m = A vmAi O D A 3< W m z s A W N a .. �D I y 3 ua X10 ` p N N N:5 .p. as 0° V n N n A N $o 0 4 f \ O rn n 1 0 Z D O 0 r uA m v N v z m o � r W C � r) C n � m m� m a� m G1 C T A vii D ° z "' rn W n m A a a m ey N P � C D �/ 06 U-1 II V !n p uI Exhibit #4 LCi CCr 3 C 9 (7 N r) ID O %' D Am n tp A r �k lT1 a uc) 0 � D an ID m •r Nn =x u D Z z m or :r m N APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows Name Ca"A rt M tr t c- lr%esr T4*2r0 U6 Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) D.ivtiv�lr• �'�Lnan —f A Orr) A (3n el-- (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31•71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS JC DAY OF NP02 _, 2(JX AUTHORIZED REPR NT E OF APPLICANT: OWNERt A tF�tu� 6.r,,-4 C. v<. By: — -- By: (Signal,�rre) Signature) Name. /,09 • ft.tk!n/�Ct Name: X 1'� _ (PriDt) rint) Title: Pryfmot ✓- f ^A, . far /0" ikor't Title: f1- 0&uyr4% !"IG►�.�.s o-� �`l.rn er' ON cc 4—V .rc Address: /8`?0/ jv 19 ii 4 V-C • ~i�f o'b Address: 2 CSC /t✓e".T o,3 ==.�•t �0 -A- /fO�Prn�l' ✓/'�t 1 NFL . �JIPv 4yr- .zl-yixi pt.. 33�Sy STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared M.�cr{�N Frt "�s the aut ized representative of the Applicant and /or the owner of the property subject to the application, who--being first by me duty worn, ' s ear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF A SWORN TO AND SUBSCRIBED BEFORE ME thisk day of IOpo��, / 201 t111Mry t�MMe • NrM N flai/rt ��M�INIMMta�(1MIt0►�0.201 MNM # ODD �MItN11'Mrlt/iM/MMIt�M�My MIR. ary P blic f Pri N Florida At Large nted otary My commission expires:__ �°jiyexF" ���,; ��� BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 711(b)(2)(fi) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with *x' applicable portions only) ¢ Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ j 2 Af tit hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application Oil be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: H t. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venture; (} iii, The Applicant or Representative is a Client of a member of the Cily Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ } iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ } v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,1100.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] A, The member of the City Commission or Board is a Customer of the Applicant or Representative and lransacls more than $25,060.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS _14-- DAY OF APPLIC T: By: Ngralute)) Name: ev^rc, <_i. �+'` lPrrrul Titfe:p"k • &:ie. lib! /R WITNESS MY HAND THIS PROPERTY OWNER: DAY OF 200_. By: (5lgrtature) Name• (Print) TiUe: (Print) 'The terms Business Relationship, " Client, ' ', uslof er, " Applicant, " ' Representalive" and 'Interested Person" are deTrned in Section 2 -395 of Use Avenlura City Corse. WITNESS MY HAND THIS —ff,:2— DAY OF Ae Ir i 20 e - REPRE NTATIVE: (' ted o usiness Relationship Affidavit) B attire) By: (Signature Name:Cklr (Prim Name: (Print) Title-.,la�. �... (ro)iAr& -1C (Pant) Title: (Print) ,Ave•,4� - LL G By: (Signature) Name:_— (Prino Title: (Print) By: (Signature) Name:_ _ (Print) Title: _ (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Prim Title: (Print) By: (Signature Name: (Prir10 Title: (Print) By: (Signature Name: (Print) Title: (Print) By: _ (Signature Title: (PnW) Title:— (Print) By: ( Signatune Title: (Print) Title: (PrinO By:— (Signature Title: _____(Print) Title:_ __._,(Pant) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiatrts are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in tho event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, the undersigned augiority, personally appiwed the Affiant who being first by me du swom, did swear or affirm that helsbe execuled this Affidavit for the purposes stated (herein and that R is true and correct 5 }bed and sworn before me, this o / a NOWAry A� KIAW-- in for SWORN TO AND SUBSCRIBED before me this day of of e Of NOTARY PUB�/ Prnied Name of Notary � My commMion expires:_ eVires 5Z STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me, he undersigned authority, personally appeared -._ _- executed Na Affidavit for the purposes stated merain and that I is true and correcL SWORN TO AND SUBSCRIBED before me this-- day of—_ 200- STATE OF FLORIDA COUNTY OF NAME -DADE) Before me, the undersigned authority, personally appeared -- -- executed this Aft1davit for the purposes stated 1hereln and that 11 Is true and correct. SWORN TO AND SUBSCRIBED before me this — day of - - -- 200 STATE OF FLORIDA COUNTY OF MIAMI-OADE) Before me, the undersigned authority, personally appeared -- .- executers His Affidavit for the purposes stated therein and that it is true and rotrect. SWORN TO AND SUBSCRIBED before me this _-__.-day of - 200— the Affiant, who being first by me duty sworn, did swear or affirm that he/she Wuil;ry Public - State o fFlorida - -Al Large - Pooled Name of " Notary - -- ----- My commission expires:,. One Affiant, who being first by me duly sworn, did swear of affirm that he/she AFFIANT My cominission expires:-.--, the Affiant, who being first by me duly sworn, did swear or affinn thal he/she XF FlW --'- — -'— '— NWary PWK Slate o'f- Florida JAt- Large Printed -Name of Notary My commission expires:- .-- - BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(0) of the City of Aventura Land Development Code. The undersigned Affiani hereby discloses that: (mark with'x" applicable portions only) 4f 1. Afftant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ I. Member of City Commission or Board holds an ownership interest in excess of 11% of total assets or capital stock of Applicant or Representative; (] ii, Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ j iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office of for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ [ V. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $'10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. FA� A"?M1 WITNESS MY HAND THIS 1K!�DAY OF `SPRY p4/•���i ?r-_ PROPERTY OWNER: '* •. By:_ (Signature) �9j- p ''�7.�Qifi•Q�• Name: Title: (Prinq WRICIA 1 HAAS WOtafy P11t11i I State Of Ohio C=mtss m Egikes Oct. 6, 2419 'The terms "Business Relationship," "Client," "Custnnrer,' 'Applicant," "Representative" and "Interested Person' are defined in Section 2.395 of the Aventura City Code. -(A WITNESS MY HAND THIS b DAY OF 4jQ r t 200 REPR E TIVE: don B. u�iness elationship Aftioavitj By: �w/ (Sig a ureJ By:._ Name: foul J, WoItk)5k) (Print) Name Till... Q)2 0 g'VA 0PYI L'-Ar1' (Print) Tile:_ Title: (Print) Nam By: (Signature ( Signature (Print) (Signature (Print) I By: (Signature Title: (Print) Title: (Prn�t) By: (Signature Title: _ __ (Print) Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Afflants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 1 1111100, PATRICIA I H Notary Public, State of Ohio My &slat Ex ores ';yr .... �:...�:• � Ctxnmi p' Oct. 6, 2013 OFf /0 NOTARIZATION PROVISION STATE OF -kQRM ) COUNTY OF Mfg "O&E) .50 A4 M ,r r J. c rai��r , Before me, the undersigned authority, personally appeared Q u e a 1, who being first by me duly s rn, did s r or affirm that he/she executed this Affidavit for the purposes staled thereln and that it is true and correct. — FFIANT — W SWORN TO AND SUBSCRIBED before me this _16- day of Xj _!:L Nol'ary Public -- r " "'p�h.� Printed Name of Notary My commiss on expires'_ /AV __ ('" 12 /Mary pu ft State t *Ohio Mr * m*" Expires Oct. S. 2019 ndetsigned authority, personally appeared purposes stated therein and that it is true and conect SWORN TO AND SUBSCRIBED before me this __ day of STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes staled therein and that it is true and confect. the Affiant, who being first by me duly sworn, did swear or affirm that he /she aFFIaNT 200_ Nola y Public Stale of Florida At Large Printed Name of Notary My commission expires:_. the Affianl, who being first by me duly sworn, did swear or affirm that he /she AFFIAN7 — — SWORN TO ANO SUBSCRIBED before me this —day of _ 200, Notary Public State of Honda At Large Printed Name of Notary My commission expires:_.. _,.._ -.. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ - the Aslant, who being first by me duty sworn, did swear or affirm Oral he/she executed this Affidavit for the purposes stated therein and that it is true and correct AFFIANT SWORN TO AND SUBSCRIBED belae me this day of ,- 200_ Notary Public Stale of Flofida Al Large Printed Name of Notary Mycamoissionexpres:_ I�- BUSINESS RELATIONSHIP AFFIDAVIT` This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) AfBant does not have a Buuiness Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (J 2. Affianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application 00 be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows; L I 1 Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; t I il, Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ J ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [) iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ j v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (j vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 21 DAY OF AR-1 21Q- APPLnwwf By: ( 5ign ature) Name: S%- r A n'► R o tea (Print) Title: Ac. t� , Qf F "(e,t _Cyn (Pri//njjt) WITNESS MY HAND THIS ;I DAY OF !'G, 200!2 PROPERTY OWNER: By: —(Signature) Name: (Print) Title: (Print) 'The leans 'Business Relationship,' "Client," 'Customer," Applicant," Representative" and lnleresled Person` are defined in Section 2 -395 of the Aventura City Code. WITNESS MY HAND) THIS 27! OF Ile t 24�- REPRE SENT E• isted o usiness Relationship Affidavit) By;_ lure) By:_ (Signature Name: 5C( -_t* COPIw egne- (Print) Name:,— _(Print) Title: ,/li , . �� P� 5_ (Print) Title: _ (Print) Srg— ConP ,4"D By:, (Signature) Name:_`. (Print) Title: (Print) By: —. (Signature) Name: _(Print) Tiller (Print) By: (Signature) Title: (Print) Title: (Print) By (Signature) Title: _(Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature Name: (Print) Title: (Print) By: (Signature Name:_. (Print) Title: (Print) By: , (Signature Title: (Print) Title: (Print) By:__ (Signature Title: (Print) Title: ,_(Print) By :_ ( Signanrre Tiller_ __(Print) Tole: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Aftiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. ` STATE OF P[bRtDA NOTARIZATION PROVISION COUNTY OF W Ur_ arse) er1 `b `( Q Before me, the undersigned authority, personally appeared Sr-p "V �'� �ht.. the Atfiant, who being first by me duly sworn, did swear of affirm that helshe executed this Affidavi( for the purposes stated therein and that it is true and correct. — AFFIANT SWORN TO AND SUBSCRIBED before me this day of _r!_ t�[ot�ry ublic to �MLerge �A��. �4 Printed Warne of Notary My commission expires:_ g' �L STATE OF FLORIDA ) COUNTY OF MIAMI -CADE) Before me, the undersigned authority, personally appeared ... —_ ..�._ .._�.__— the Affianl, who being first by me duly sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated therein and that it is true and correct AFF{AIJI' SWORN TO AND SUBSCRIBED before me this --day of —,200–. Notary Public State of Florida At Large Printed Name of Notary — My commission expires: _... STATE OF FLORIDA ) COUNTY OF MIAMI -DAOE) Before me, the undersigned authority, personally appeared ...... � ___ –_ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this — day of _ _._ 200_. AFFIANT Notary Public 51a1e of Florida Al Large Printed Name of Notary My commission expires:_- ..._ —.. -- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ _ - fie Affiant, who being first by me duty sworn, did swear or affirm that helshe executed this Affidavit for the purposes stated Ihetein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _.-- day of.- _,200_. AFFIANT .._.... -, - -- _ --- _...- Notary Public Slate of Florida A(Large Printed Name ot Notary My commisslon expires:_ _. —... BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with *x" 3�plicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ j 2. Affant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ j ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, [ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS . DAY OF _��'I % 2(tik APPLICANT: ..� (Signature) Name: JL r Title:oiC Kam' hk R M. WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: By: (Signature) Name:_ (Print) Title:_ (P(irrr) 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code WITNESS MY NAND THIS & DAY OF ADr I 24?- REPRESENTATIV . Liste on Business Relationship Affidavit) B ,__(Signature) By: — __ (Signature Name:JtAr-, rl-Ar -b�-, ��(Prin1) Name: _ _( Print) Title � iro,' (Pont) Title:. �u/oti. a ka,r,hi k, R By:__ (Signature) By:__ (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By:__ (Signature) Name:__ _(Print) Title: (Print) By: (Signature) Title: _(Print) Title: (Print) By: (Signature) Title. (Print) Title: (Print) By: (Signature) Title: (Pant) Title: (Print) By: (Signature Name: _ (Print) Title: — _(Print) By: _ ._ (Signature Title: (Print) Title: _ (Print) By:_- (Signature Title:_._ (Prins) Title: --(Print) By: (Signature Title:_ (Print) Title: —__ _. (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Q 1 Before me, the undersigned authority, personally appeared ,_��_ t1� is y me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ,n dayot /VP1�l 242- Nam PAft .S M.Mfkft 3% 9 C*111MW • 00 low STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ executed this Affidavit for the purposes stated therein and that it Is true and correct. SWORN TO AND SUBSCRIBED before me this _ „_ day of _—_- ___ 200. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) ary P lie St l lorida At Large Printed Name of Notary My commission expires:_ the Affianl, who being first by me duly sworn, did swear or affirm that he/she ___- -- _— _ _ __ ___ -__ AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires.__ Before me, the undersigned authority, personally appeared _ _ _ —__— the Affiant, who being first by me duly sworn, did swear or affirm [hat he/she executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this ___ day of _._, 200_ Nola ry Public State of Florida At Large Printed Name of Notary My commission expires:__ --------------- ---- -------- --- --- --- - - -- -- – STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ` -._ __ . -- the Affiant, who being first by me duly sworn, did swear or affirm dial he /she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of -, 200_. AFFIANT Notary Public Stale of Florida Al Large Printed Name of Notary My commission expires_ RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR JARED THE GALLERIA OF JEWELRY STORE ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Aventura Grand Cove LLC, through Application No. 03- SV -12, has requested a sign variance to permit two wall signs measuring a total of 94.56 square feet on the exterior elevation of the outparcel building housing Jared, the Galleria of Jewelry store in the Aventura Grand Cove plaza located at 19001 Biscayne Boulevard, where one wall sign measuring 95.66 square feet is permitted by Code; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the application for the second wall sign meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03 -SV -12 for Sign Variance to permit two wall signs totaling 47.28 square feet each, or 94.56 square feet total for the two signs, on the west and north exterior elevations of the Jared, the Galleria of Jewelry store in the Aventura Resolution No. 2012 - Page 2 Grand Cove plaza located at 19001 Biscayne Boulevard, legally described in Exhibit "A" to this resolution, is hereby granted exclusively to the applicant, with the condition that the wall signs substantially comply with the following plans submitted with this application, as follows: • Jared, the Galleria of Jewelry, Store #2522, Biscayne Blvd., Aventura, FL, Page 1 of 8, prepared by Ruggles Sign Company last revised 4/2/12; • Jared, the Galleria of Jewelry, Store #2522, Biscayne Blvd., Aventura, FL, Page 2 of 8, prepared by Ruggles Sign Company last revised 4/2/12; • Jared, the Galleria of Jewelry, Store #2522, Biscayne Blvd., Aventura, FL, Page 3 of 8, prepared by Ruggles Sign Company last revised 4/2/12; • Jared, the Galleria of Jewelry, Store #2522, Biscayne Blvd., Aventura, FL, Page 4 of 8, prepared by Ruggles Sign Company last revised 4/2/12. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez - Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb who moved and upon being Resolution No. 2012 - Page 3 PASSED AND ADOPTED this 5th day of June, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of June, 2012. CITY CLERK m %w 140 ,-* tii; THAT PORTION OF THE N.E. 114 OF THE N.W. 114 OF THE 8.W.1/4, SBCLION 3, TOWNSHIP 52 SORrM RANG 242 EAST, DAVE COO M, FLORIDA. DESCKMBDAS FOLLOWS: COMMOM 6 AT MM 1 iIBM IM OF LAUD oBcnON 3; TO MM N8832'30B 7430 FEET ALONG TNB NORTH L=OF SAID & W. IN OF SECTION 3 TO A POINT IN THB BASTTIRLY RH W-OiL WAY LINEO8 ROAD NO.4 (U.S. HIOMAY 1) AS PER FUARIDAS STATE ROAD UVARTMEM RI ETC-OP WAY PLANS RBCORDBD D1 BOOK 34 AT SAAB $3 OF THE PUBLIC RBOO RDS OF MIAM 4mm OOtftM, T FJ= 83%11 OR 70!.97 P88T ALONG SAID RASTULY RXW-OF WAY LINE To THB PDLM' OF EBO>MNM, THENCE N86'3 S "B 299.14 PERT ALONG A UNS THAT 18 PARALLW, WM'H AND 210.00 FORT SOUTHERLY OF SAID NORTH LIVE OF TUB S.W. 114 OF SBCM)N 3. AS UBASINRED ALONG THE BAST LINE OF THE )LL 114 OF TM N.W.'A OP THE LW. 114 or SWr M 3; THS M N4Z343'810.00 Mr, THENCE WW MCE 75.00 PBB1. TIME SM4 " X.00 FSg7 MMM N86'MrB 73.14 FEET TO A L.WB THAT BI PARALLEL. VIM AND PERPIRADICULARIX DMTANT 10&00 FEBP WB9715R .Y OP SAID BAST I= OF INS N.B. IN OF THE N.W. 114 OF THE S,liI.114 OF SBCTTON 3; THENCE ALONG LAST SAID PARALLEL LIM 64'. W205 2 11.81 FBBT TO A LDIE TORT IS PARALLEL. WITH AND MPZNDMXAftT DISTANT 2KW FEET NORTHERLY OF THE SOUTH LM OF SAM N.L. 114 OF THE N.W. U4 OF THE S.W. 1/4 OF SECTION 3; THEE CB ALONG LAST SAID PARALLEL LIMB 88682nl'W 45$22 FEET TO A POW IN MM EASTERLY RIGHT-OF-WAY LIM OF ROAD NO 4 (U.S. HIGHWAY 1); TfMh10E 1iTMI'W 252.202 PEEL ALONG SAID EASTERLY RIGHT- OF-WAY LIKE TOTHE POINTOF Bffi1MIN0. LESS ANDHXC$M A 1'O MON OF MM NIW'/L OF THE SW% OF 9BMON 3, TOWNSIEIP 32 SOUTH, RAMN 42 RAST. DADS COl1MY, PLORWA, BMNO MORE PAR'UTCRILARLY DI1SC M2D AS FOLLOWS: BEGIN AT THE NORMW8ST CORNER OF THE WUiSMRLY 138.943 bfff=S (435AS FE87) OF TRACT W. RBORIA SQUARE SU MM810N, ACCORUNO TO TUB PLAT THEREOF AS RECORDED IN PLAT BOOK 113. AT PAGE 27, OF THE PUBLIC RECORDS OF MIAML -DAM COUNTY, FWRML% THIS POMP LYING ON TJM BASTMLY RIGHT OF WAY LINB OF STATE ROAD NO 3 (U. 8. NO VBMAYNB MOIJMVARD), AS MOWN ON SAID PLAT AND ON THE STATB OP FLORUDA STATE ROAD DEPARTMENT R!W MAP MOJBCT NO. 41, NOW KNOWN AS SECTION 87030.2201, AS RECORDED UN PLAT BOOK 34, AT PAGE 53, OF SAID PUBLIC RECORDS OF MIAl"ADR MOMMY, MDRMA; IMPCE RUN NO2Vnl*% ALONG SAID MASTERLY RLOHT OF WAY ME, FOR A DWANCE OF 76.721 ME MS 01.71 MM 70 7116 POINT OF RMRSt1C170N WITH A LAVE 64.AM MBTSRS (21000 PRIM SOMWILY OF AND PARALLEL WITH THE NORTH LINEOF TMWW OF THE SW%OF SAID SECTION 3: THENCE RUN N8T34,&M ALONG TEST DESCRMM PARALLEL I&4K FOR A DISTAMtM OF 4.846 Wl81T3R8 (15.90 MM TO A POINT: THENCE RUN 802'0T21'S FOR A DISTANCE OF 76.717 MffMRS (2SIAV MIT) TO THa POINT OP MMSBCTMM WITH TM NORTHERLY LIMB OF . SAID WBSIERLY 138.943 NUMB (43333 PUT) OF TRACT "B': THEM RUN SET M'V1 ALONG LAST DEiICRM M NORTHERLY LINE. FOR A INSTANCE OF 4.346 MUMS (33€4b MM TO 171E POINT OF DnUSECLTON WITH SAID BA87RRLY RIGHT OF WAY I" ON SAID STATE ROAD NO. S AND THE POINT OF 91901I+1*11N0. TOOMMER W11T3 WOWWECLUSiV13 BASEMENT CREATED 13Y MORHSS, BGRBSB AND ACCM SASE3MR14TT PUM IN BOOK 16366, PAGE 1027. 326=6.2 3 SpodlalWumty Decd Book27510 /Page1574 CFN #20.100815013 Page 3 of 5 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: rian K. Raducci, Finance Director DATE: May 30, 2012 SUBJECT: Refinance of the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A June 5, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which sets forth the ranking of firms to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. 1St Reading June 5, 2012 City Commission Meeting Agenda Item 2 "d Reading June 14, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance Authorizing the issuance of not to exceed $10,000,000 in aggregate principal amount of obligations of the City to Refinance the acquisition and construction of various capital improvements and to pay costs and expenses of issuing such obligations. BACKGROUND At the April 19, 2012 Workshop, the City Manager made a presentation and recommendation to the City Commission, and was authorized to take the necessary action to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A so long as the Net Present Value (NPV) savings as a percentage of the refunded bonds would be at a level of 4% or more. The original Revenue Bonds have a final maturity ( "full term ") of August 1, 2032. On April 22, 2012 the City issued an Invitation to Bid (ITB #12- 05 -21 -2) to obtain proposals for the purpose of selecting a firm to provide a not -to- exceed $10,000,000 Bank - Qualified Loan (evidenced by a single bond) to finance the cost of refunding the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. The City advertised the availability of the ITB in the Miami Herald on April 22, 2012. In addition, a solicitation package was made available from www.demandstar.com and emailed to various banks on April 23, 2012. This Loan will be secured by a Covenant to Budget and Appropriate from legally available Non -Ad- Valorem revenues. FINANCIAL ADVISOR'S ANALYSIS AND RECOMMENDATION On May 21, 2012 four (4) firms submitted proposals to the City. Upon receipt of said proposals they were forwarded to Craig Dunlap, our Financial Advisor of Dunlap & Associates, Inc. for his review and analysis. In his email dated May 30, 2012 he provided the following analysis and recommendation: ANALYSIS SunTrust SunTrust offered two (2) options at rates of 2.18% and 2.30% for a final maturity of August 1, 2027. This is five (5) years shorter than the existing FIFC maturity of August 1, 2032. The difference in rates is attributable to the call options. The higher rate allows the bank loan to be called at par after three (3) years and the lower rate provides for the bank loan to be subject to a "make whole" provision. This essentially makes the bank loan uneconomical to refund even though it is callable at any time. Given the historically low rate of 2.18% for 15 years, it was determined that rates would have to go below 1.25% to make another refinancing feasible. J.P.Morgan J.P.Morgan offered four (4) options with rates ranging from 2.40 % - 2.82 %. None of these options were for the full term of the loan and all options were subject to the bank "tendering" the loan back to the City prior to the final maturity. This was not a feasible option for the City due to the uncertainty of interest rates if the loan was "tendered ". BB &T BB &T offered two (2) options, both had fixed rates to maturity. The first rate quoted was 2.67% with a final maturity of August 1, 2028 and the second rate quoted was 3.76% with a final maturity of August 1, 2032. The rates were fixed however, they were not competitive with the SunTrust proposal outlined above. SunTrust Equipment Finance & Leasing Corp. The SunTrust Leasing proposal was at a rate of 2.35% for a term of fifteen (15) years. The final maturity would be August 1, 2027. This rate was not competitive with the SunTrust proposal outlined above. RECOMMENDATION "Based upon the terms and conditions included in the Invitation of Bid distributed April 22, 2012, we are recommending that the bid be awarded to SunTrust. The indicative interest rate bid, based upon a 2013 -2017 amortization period, is 2.18 percent. The rate is firm as long as the closing occurs by June 15, 2012. Based upon this rate, the 2 present value savings is approximately $2.59M which represents a 25.5% of refunded par. The comparative debt service for the Fiscal Years 2012 -2027 is essentially the same that currently exists however, the amortization period is reduced from 2032 to 2027." In addition, I have attached Craig Dunlap's letter dated May 30, 2012 ( "ATTACHMENT A ") in which he provides a summary of the bids, present value savings, the All -In True Interest and his formal recommendation. Based on the foregoing, the Administration is recommending that the City Commission: Approve the attached resolution establishing a ranking of firms to refinance the City's outstanding Florida Intergovernmental Financing Commission, Capital Revenue Bonds, Series 2002A. Adoption of this resolution will authorize the City Manager or his designee to negotiate a contract with SunTrust to refinance said Capital Revenue Bonds. In the event, that a satisfactory contract with that firm is unable to be attained, the City Manager or his Designee is authorized to negotiate a contract with the alternate firms. 2. Approve the attached Ordinance Authorizing the issuance of not to exceed $10,000,000 in aggregate principal amount of obligations of the City to Refinance the acquisition and construction of various capital improvements and to pay costs and expenses of issuing such obligations. (Second reading is scheduled for June 14, 2012.) Additionally, at the June 14, 2012 Commission meeting, the Commission will be asked to adopt a Resolution which authorizes the execution of a Bank Qualified Loan Agreement with the bank that best meets the City's needs as outlined in the ITB. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR /bkr t� ATTACHMENT A Dunlap & Associates, Inc. Financial Consultants May 30, 2012 Brian Raducci CPA Director of Finance City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Dear Brian, The City of Aventura, Florida received four (4) responses to a competitive Invitation to Bid (ITB) on May 21, 2012. The purpose of this ITB was to refinance the Florida Intergovernmental Financing Commission (FIFC), Series 2002A Bonds issued on behalf of the City to build a Charter School. The bidders were: 1. SunTrust Bank 2. SunTrust Leasing 3. J.P. Morgan Chase Bank 4. BB &T A summary of the bids, present value savings and All -In True Interest Cost is attached. It is our recommendation to the City that they accept the SunTrust, Option I bid for the following reasons: 1. The amortization is shortened from 2032 to 2027 and the annual debt service is essentially equal to the annual debt service on the FIFC, Series 2002A Bonds being refunded for the Fiscal Years 2013 -2027. 2. The quoted interest rate of 2.18% is locked in as long as the closing occurs by June 15, 2012. 3. The quoted interest rate of 2.18% is justified even though the Series 2012 bank loan will be subject to a "make - whole" call, essentially making the 15 year loan non- callable. 4. The present value savings level is approximately $2,594,000 or 25.5% of refunded par. The GFOA guidelines recommend refunding where the percent of savings is 3 -5 percent of refunded par. 5. The total debt service of the Series 2012 bank loan will reduce this total interest cost when compared to the FIFC, Series 2002A Bonds by approximately $3,800,000. 1146 Keyes Avenue Winter Park, Florida 32789 Telephone: 407.678.0977 Telecopy: 407.678.6240 Dunlap & Associates, Inc. Financial Consultants The award of this bank loan to SunTrust should be considered at the June 14, 2012 meeting and if approved, closing will occur on June 15, 2412. If you have any question, please call me at (407) 678 -0977. Sincerely, J. raig D lap esident Dunlap & Associates, Inc. 1146 Keyes Avenue Winter Park, Florida 32789 Telephone: 407.678.0977 Telecopy: 407.678.6240 @2$ /$(q%& o a C -4 0 o � /8&kwg2$ / §k a ~kI� cq g 4q co , c 04 - � 10 ~\K §Ka$§ §k8 -2 Em2 CQ -NNsq- Lo n ;% m 20 Cq \CD \ � Boa -aq d§ -��k\§ COONMOLOWZ §�k / d/m I 0) ® N � �0cpC§gCo a §$K�6 Nto0LoCO o §S / K _ od , R o a ° - Cl) 7 e a k ~8®@@00N Ge2a8 -a° £ )- IVC -4 7© # Ld K 0) &b£ ® n R m 3 Cl) § a i k ~ 0 C-4 0 m OD CL co §k�K04 // 0 04 a C§2 id . 9 o g CO 7 E ® 2 I f @ f aoa _gm g0LtcoCl) _ ` « (0 %K �Lo 0 co Wrl E \boo \ k�� \ �/ -LL / k2k2« � 8 (k §� -k /kk 6 f £o_aw @>�w- «to / {( }ok NGO -2k; ° ^ \ / }2 kk 2 l 2R5 e /8:)k 3 {2p /_ �)\ # /)g�0 \ 2% e/�o0 iA \ km A k cakmm z « ORDINANCE NO. 2012-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: SECTION 1. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless some other meaning is plainly intended: "City" shall mean the City of Aventura, Florida, a municipal corporation established by the State of Florida. "Commission" shall mean the City Commission of the City of Aventura, Florida. "Non -Ad Valorem Funds" shall mean all revenues of the City derived from any source other than ad valorem taxation on real or personal property, which are legally available to make the payments required in this Ordinance. "Obligations" shall mean the bonds, notes, certificates or other evidence of indebtedness issued by the City pursuant to this Ordinance. "Ordinance" shall mean this Ordinance enacted by the Commission, as amended and supplemented from time to time. "Refunded Debt" shall mean the obligations of the City pursuant to a Loan Agreement, dated as of September 1, 2002, between the Florida Intergovernmental Finance Commission and the City. Ordinance No. 2012 - Page 2 "Resolution" shall mean the resolution authorizing the issuance of all or a portion of the Obligations and setting forth the terms and details of such Obligations as described in Section 4. Words importing the singular number include the plural number, and vice versa. SECTION 2. FINDINGS. The Commission finds and determines that: (A) It is in the interests of the City to refinance the Refunded Debt in order to achieve debt service savings. (B) The most efficient and cost - effective method of refinancing the Refunded Debt is by the issuance of the Obligations secured by Non -Ad Valorem Funds in the manner set forth in Section 5 of this Ordinance and in the Resolution. (C) The principal of, redemption premium, if any, and interest on the Obligations shall be paid from Non -Ad Valorem Funds. The City shall never use or be required to use any ad valorem taxes for the payment of the Obligations. The Obligations shall not constitute a general obligation of the City or a pledge of its faith and credit, nor shall the holders of the Obligations have any lien or encumbrance on any property owned by the City, including the Project. SECTION 3. AUTHORIZING THE REFINANCING OF THE REFUNDED DEBT. The Commission authorizes and approves the refinancing of the Refunded Debt. SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are authorized to be issued at one or more times in an aggregate principal amount of not exceeding $10,000,000. The particular designation of each Obligation shall be made in the Resolution. The Obligations shall be issued for the principal purposes of (A) refinancing the Refunded Debt, (B) establishing debt service reserves, if deemed necessary by the Commission, and (C) paying costs and expenses of issuing the Obligations. The principal of, redemption premium, if any, and interest on the Obligations shall be payable solely from Non -Ad Valorem Funds, in the manner set forth in Section 5 of this Ordinance and in the Resolution. The Obligations shall be dated such date or dates, shall bear interest at such rate or rates, shall mature at such time or times and in such amount or amounts as may be determined in the Resolution, and may be redeemable before maturity, at the option of the City, at such price or prices and under such terms and conditions as may be fixed in the Resolution. The Commission shall determine in the Resolution the form of the Obligations, the manner of executing such Obligations, and such other terms and 2 Ordinance No. 2012 - Page 3 provisions of the Obligations as it deems appropriate. The Obligations shall bear interest at a fixed rate, as shall be determined in the Resolution. In case any officer whose signature or a facsimile of whose signature shall appear on any Obligation shall cease to be such officer before the delivery of such Obligation, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Commission shall sell the Obligations in such manner and for such price as it determines in the Resolution to be in the best interests of the City. The Obligations may be issued without any other proceedings or the happening of any other conditions or things other than the adoption of the Resolution. The proceeds of the Obligations shall be disbursed in such manner and under such restrictions, if any, as may be provided in the Resolution. The Resolution shall include, but without limitation, provisions as to the rights and remedies of the holders of the Obligations, the application of funds, the flow of funds and such other matters as are customarily in such an instrument. The Resolution may provide for the City entering into one or more loan or other financing agreements with the purchaser of the Obligations. SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The City may covenant and agree pursuant to a Resolution to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Funds lawfully available in each fiscal year, amounts sufficient to pay the principal of, redemption premium, if any, and interest on any Obligation when due each fiscal year. Such covenant and agreement on the part of the City to budget and appropriate such amounts of Non -Ad Valorem Funds shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Funds or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing, the City has not covenanted to maintain any services or programs, now provided or maintained by the City, which generate Non -Ad Valorem Funds. Such covenant to budget and appropriate shall not create any lien upon or pledge of such Non -Ad Valorem Funds, nor shall it preclude the City from pledging in the future its Non -Ad Valorem Funds, nor shall it require the City to levy and collect any particular Non -Ad Valorem Funds, nor shall it give the holders of any Obligations a prior claim on the Non -Ad Valorem Funds as opposed to claims of general creditors of the City. Such covenant to appropriate Non -Ad Valorem Funds shall be subject in all respects to the payment of obligations secured by a prior or future pledge of such Non -Ad Valorem Funds (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its annual budget for the purposes 3 Ordinance No. 2012 - Page 4 and in the manner stated in this Ordinance and in the Resolution shall have the effect of making Non -Ad Valorem Funds available for the payment of the Obligations, and placing on the City a positive duty to appropriate and budget, by amendment, if necessary, Non -Ad Valorem Funds sufficient to meet its obligations under this Ordinance and the Resolution; subject, however, in all respects to the restrictions of Section 166.241, Florida Statutes; and, to the extent and only to the extent necessary to avoid a violation of Article VII, Section 12 of the Florida Constitution, subject, further, to the payment of services and programs which are for essential public purposes of the City or which are legally mandated by applicable law. SECTION 6. TAXING POWER NOT PLEDGED. The Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a pledge of the faith and credit of the City, but the Obligations and repayment shall be payable from the Non -Ad Valorem Funds in the manner provided in this Ordinance and the Resolution. The issuance of the Obligations under the provisions of this Ordinance shall not directly, indirectly or contingently obligate the City to levy or to pledge any form of ad valorem taxation. The holder of the Obligations shall never have the right to compel any exercise of the ad valorem taxing power on the part of the City to pay the Obligations or the interest on the Obligations against any property of the City, nor shall the Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The holders of the Obligations, except to the extent the rights given to them pursuant to this Ordinance may be restricted by the Resolution, may, whether at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State of Florida or granted under this Ordinance or under the Resolution, and may enforce and compel the performance of all duties required by this Ordinance or by such Resolution, to be performed by the City. SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants and/or property owners of the City, shall be liberally construed to effect its purposes. SECTION 9. GENERAL AUTHORITY. The members of the Commission of the City and the officers, attorneys and other agents or employees of the City are authorized to do all acts and things required of them by this Ordinance, or F. Ordinance No. 2012 - Page 5 desirable or consistent with its requirements for the full punctual and complete performance of all the terms, covenants and agreements contained in this Ordinance. SECTION 10. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid for any reason, such invalidity shall not effect the validity or enforcement of any of the remaining provisions. This Ordinance shall take precedence over any other ordinance or resolution of the City to the extent of any conflict or inconsistency with each. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its enactment on the second reading. The moved its foregoing Ordinance was offered by Commissioner adoption on first reading. The motion was seconded and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb who by Commissioner The foregoing Ordinance was offered by Commissioner adoption on second reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb who moved its and PASSED AND ADOPTED on first reading this 5th day of June, 2012. 5 Ordinance No. 2012 - Page 6 PASSED AND ADOPTED on second reading this 14th day of June, 2012. ATTEST: TERESA M. SOROKA, MMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY D SUSAN GOTTLIEB, MAYOR CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC -C City Manager '' BY: Joanne Carr, AIC Community Development Director DATE: May 21, 2012 SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the land use designation of land at 3250 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential (01- CPA -12 - Small Scale Amendment) June 5, 2012 Local Planning Agency Agenda Item A June 5, 2012 City Commission Meeting Agenda Item July 10, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: Approve the small scale Comprehensive Plan amendment to change the land use designation of land at 3259 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential future land use category, and 2. Approve the transmittal Economic Opportunity, 163, Florida Statutes. THE REQUEST of the adopted amendment to the Florida Department of Division of Community Development, pursuant to Chapter The applicant is requesting a small scale Comprehensive Plan amendment to change the land use designation of a parcel of land at 3250 NE 188 Street totaling 7.082 acres from Business and Office to Medium High Density Residential to facilitate a rezoning of the parcel from OP (Office Park) District to RMF3B (Multifamily Medium Density Residential District) with density limited to a maximum of 225 dwelling units for the entire 7.082 acre parcel. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY BACKGROUND Happiness, Inc. PMG Aventura, LLC 3250 NE 188 Street See Exhibit #2 for Location Map See Exhibit #3 for Aerial Photograph Approximately 7.082 acres Upland Parcel is 6.529 acres Submerged Parcel is 0.553 acres This site is a vacant parcel of land on the south side of NE 188 Street to the south of the Aventura City of Excellence School, the Aventura Community Recreation Centre and the Aventura Arts & Cultural Center. It is approximately 7.082 acres which includes approximately one -half acre of submerged land. The site is currently designated Business and Office on the City's Future Land Use Map and zoned OR Office Park District, on the City's zoning map. The previous County zoning was for industrial uses on this parcel. The existing future land use designation of Business and the Office and Office Park zoning category were assigned to this property when the City's Comprehensive Plan and Land Development Regulations were adopted in 1998 and 1999 respectively. At that time, the other parcels on the street were being used for marine manufacturing. They had a future land use designation of Industrial and Office and a zoning category of TC2, Town Center Marine District, which allowed the continuation of the marine manufacturing businesses. This site, along with the site to the north, which now contains the City's Community Recreation Center, the Arts & Cultural Center and the Aventura City of Excellence School, was envisioned for office buildings as a compatible use with the existing manufacturing businesses. In 2002, the marine manufacturing parcels were changed at the request of the owners from Industrial and Office to Medium -High Density Residential future land use and from TC2, Town Center Marine zoning district to RMF3A and RMF3B, Multifamily Medium Density Residential zoning districts. The multifamily projects, including Uptown Marina Lofts, the Atrium, Artech, Eastside and 3030 at Aventura were built following those land use and zoning changes. The future land use and zoning on the parcel which is the 2 subject of this report remained the same since no request to change was received from the owner. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North Properties to the South Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North Properties to the South Properties to the East: Properties to the West: Business and Office Business and Office & Parks & Recreation Medium -High Density Residential Dumfounding Bay Medium -High Density Residential OP, Office Park District CF, Community Facilities District RMF3, Multi - Family Medium Density Residential District CNS, Conservation District RMF3B,Multi- Family Medium Density Residential District vacant performing arts theatre, recreation center residential condominium water residential condominium Access — The parcel access is from NE 188 Street. city school and community Conformity to City Comprehensive Plan — The amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan. More specifically, the proposal is consistent with the following policies in the Future Land Use, Transportation, Parks and Recreation and Coastal and Conservation elements of the Plan: Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would. 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City, 3 The 2010 census shows that the City's population is continuing to grow, the median age is lower and family size is larger. This proposed residential use will accommodate projected population growth. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit — A bus transit facility that connects City, Miami -Dade County and Broward County transit systems is located at Aventura Mall, approximately 0.7 miles from the subject property. The existing public sidewalks and the connection to the existing pedestrian promenade along the canal will provide pedestrian linkage to transit services that are safe and convenient to transit users. Parks and Recreation — The City presently exceeds LOS standards for park space, therefore, provision of service at adopted level of service standard will not be impeded by this development. Stormwater Drainage — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste — The intensity of maximum FAR of office and commercial uses as currently permitted is decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby residential land uses and protects the character of the neighborhood. The proposed residential use on this property will support the three existing City facilities to the north. 4 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will not degrade the environmental or historical resources, features or systems of significance. All clearing of the site will require a County Environmental and tree removal permit. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers, character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities; accommodate projected availability of service and infrastructure capacity; accommodate proximity and accessibility to employment, commercial and cultural centers; accommodate character of existing adjacent or surrounding neighborhoods; accommodate avoidance of natural resource degradation; accommodate maintenance of quality of life and creation of amenities. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of an underdeveloped, vacant lot. Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Property Location Lot Size increase in Density Population Factor Overall Increase in Population 3250 NE 188 7.082 ac 31.77 du /ac 1.99 448 persons Street (density limited by proffered covenant) 5 Based on the latest South Florida Regional Planning Council evacuation model, it is determined that the increase of 225 dwelling units resulting from the proposed amendment will increase the clearance time by 5.06 minutes or .08 hours. That additional time increases the present evacuation time of 11.57 hours (11 hours and 34.4 minutes) to 11.65 hours (11 hours and 39.46 minutes). Transportation Element Policy 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi -modal transportation system. There are existing public sidewalks along the frontage of this site. In order to obtain increased building height , as provided by the City Code, the applicant will be constructing the last piece of the pedestrian promenade along the adjacent canal that will connect to the existing promenade at the Aventura Arts & Cultural Center and continue along the rear of the three residential buildings to the west. The promenade, along with the existing public sidewalk, will provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Policy 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. This new residential development will be required to provide pedestrian linkage to transit service facilities that are safe and convenient to transit users. Parks and Recreation Element Policy 4.1 The City adopts a level of service requiring 2.75 acres of net useable park land per 1,000 residents, implemented by the concurrency management system. The estimated current population for the City of Aventura is 35,762. 225 additional dwelling units results in a population increase of 448 people as shown in the table above. The amount of park and recreation land required by this park standard is 98.34 acres. The existing available park and recreation land, using the calculations provided in the Level of Service Standards, is 115.45 acres. Therefore, no deficiency exists and the proposed amendment will not create a deficiency in this standard. ,^, Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Urban Design Element Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments shall be co- ordinated to provide maximum user safety, while improving the comprehensive aesthetic appearance of Aventura. The applicant will be required, through the site plan review process, to locate parking, curb cuts, walkways, bike lanes, signage, lighting and landscape treatments to maximize user safety and improve the aesthetics of the City. Traffic Generation — The applicant's traffic engineer has prepared a trip generation report to compare trips based on existing permitted land uses and based on the proposed amendment. The report dated May 15, 2012 prepared by Calvin Giordano & Associates Inc. is attached as Exhibit #4. The report has been reviewed and approved by the City's Traffic Engineering Consultant. Applications Land Use Daily Trips AM Peak PM Peak Area Category Hour Trips Hour Trips (7.082 acres) Existing Land Use Business & Office 4,091 601 559 Designation (all office use) Proposed Land Medium High 1,307 99 117 Use Designation Density Residential The report indicates that the proposed residential land use generates approximately 2,784 less daily vehicular trips than the existing commercial zoning and when compared to the am peak and pm peak hours, generates approximately 502 to 442 less trips, thereby resulting in significantly less impact on the City's road network as compared to the existing business and office land use designation. School Impacts — The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also in accordance with the Interlocal Agreement, the School 7 Board has been invited as a non - voting member of the Local Planning Agency for this application. The application has been analyzed by the School Board for compliance with the level of service contained in the Interlocal Agreement. The Board's letter dated May 21, 2012 is attached as Exhibit #5. This preliminary analysis concludes that the required level of service standard is met. The level of service standard in the Interlocal Agreement is the same level of service standard contained in the Education Element of the City's Comprehensive Plan. The concurrency analysis shows that anticipated student generation for this development will be 16 seats for elementary, 8 seats for middle school and 10 seats for high school. The public elementary school in our Concurrency Service Area has no seats available, the public middle school is 101 seats over capacity and the public high school is 409 seats over capacity. The level of service standard provides that, in the event no capacity is available within a concurrency service area, the School Board may look to adjacent concurrency service areas to provide that capacity. The adjacent service areas' elementary, middle and high school do have sufficient capacity. Therefore, the required level of service standard for education is met. The final concurrency determination and reservation of capacity is made by the School Board once a site plan or plat is approved. It should be noted that capacity as calculated for concurrency measurement and reservation does not necessarily equate to seats that may be open for enrollment at any particular time. Conformity to City Land Development Regulations — The proposed amendment will facilitate a proposed rezoning from OP, Office Park District to RMF3B, Multi - Family Medium Density Residential District. Coastal High Hazard Location — The location of this site is not in a designated coastal high hazard area. L, EXHIBIT #1 PMG Aventura, LLC 01- CPA -12 Real Estate Principals Date: May 2, 2012 To: City of Aventura Re: Letter of Intent To Whom It May Concern - COMMUNITY DEVELOPMENT CITY OF AVENTURA MA _ 4 2012 INITIAL Please accept this Letter of Intent ( "Letter ") as an expression of interest on behalf of PMG Aventura, LLC ( "PMG ") to develop a luxury residential condominium project located at 3520 NE 188h Street ( "Property "). With over twenty five years of development experience, and more specifically a concentration in high end residential product, we are looking to create a landmark development for not only the Aventura area, but the entire South Florida market. The proposed development would allow for an eleven (11) story residential condominium building, consisting of 225 residential units. Additionally, in accordance with Aventura Municipal Code Section 31- 143(8)(9), there shall be no maximum floor area ratio. Per the identified code Section, we propose to dedicate the west two (2) acre portions of the site to the City of Aventura. Further, as is known by the City of Aventura, a decaying structure currently exists on the proposed site. Regardless of whether or not the structure is located on our property in its entirety or encroaches upon the proposed dedicated portion, we are committed to removing the structure at no cost to the City of Aventura. In accordance with Aventura Municipal Code Section 31- 143(g)(8), we intend to provide a Pedestrian Promenade for use by the general public in connection with both our remaining property and the west two (2) acre portions to be dedicated to the City of Aventura, again at no cost to the City. Any assistance PMG and /or correlating contractors can provide to the City for developing the dedicated parcel will be available at reasonable cost /market cost if the city elects to do so. In order for the project to be unique, the development team must be unique. PMG plans to use a combination of a premier local architect in conjunction with a world -class design architect. Additionally, PMG's local experience will allow for an easy selection of local experienced consultants ranging from the MEP to landscape architect. More importantly, PMG will include a renowned interior design firm to maximize design and luxury for all common spaces, shaping the look and feel of the remaining 5 -acre parcel. The proposed project would incorporate a design the compliments the local environment, which includes not only green space & bay, but the Aventura Arts and Cultural Center. The amenities will include everything from a world class gym to private concierge services. The proposed units would average anywhere from 2,500 to 3,000 square feet with finishes of the highest standard. This project is PMG's third luxury development Miami in the past 5 years. In 2009 PMG delivered Mel Miami Beach, a 134 -unit luxury development located on 58th and Collins, which is currently regarded as one the premier residential buildings in Miami Beach. More recently, PMG purchased a parcel located at 9501 Collins Avenue and is currently under development. The project, otherwise called 95th on the Ocean, is a boutique beachfront development featuring 7- private, exclusive luxury homes. 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 PMG Aventura, LLC Real Estate Principals It is our intention to begin the rezoning process as of May 1s` and work towards achieving a plan that mutually benefits both parties and the community. We look forward to working with the City of Aventura over the coming months. PMG Aventura, LLC Sincerely, j: f Ryan Shear Managing Director 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 EXHIBIT #3 01- CPA -12 I Calvin, � p � Giordano i; Associates, Inc. E R C E P T 1 0 N A L S O L U T I O N S r ❑ Fort Lauderdale Office - 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone: 954.921.7781 . Fax: 954.921.8807 ❑ Palm Beach Office - 560 Village Blvd., Suite 340, West Palm Beach, Florida 33409 Phone: 561.684.6161 • Fax: 561.684.6360 DATE: May 15, 2012 TO: Mr. Ryan Shear PMG Aventura LLC 19495 Biscayne Boulevard, Suite 410 Aventura, FL 33180 FROM: Jeffery Maxwell, PE, PTOE Calvin, Giordano & Associates, Inc. (CGA) 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 SUBJECT: Magnum Marine Plat Traffic Statement Memorandum EXHIBIT #4 01- CPA -12 Per your request, CGA has completed a trip generation analysis for project site know as the Magnum Marine Plat in the City of Aventura, Florida. Existing zoning currently allows for development of 428,560 square feet of general office. It is our understanding the proposed land use will consist of up to 225 condominium units in place of general office. Trip generation estimates were calculated for the currently approved land use as well as the proposed land use based upon trip generation rates contained in the 8' Edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE). Trips were calculated for a standard weekday as well as the morning and evening peak -hours of adjacent street traffic. As indicated on the Trip Generation Table included with this memorandum, the proposed change in land use will result in a net decrease in traffic attributable to the site. The proposed 225 -unit condominium development is expected to generate 2,784 fewer trips during a typical weekday as well as 502 fewer trips during the AM peak -hour and 442 fewer trips during the PM peak -hour. This corresponds to approximately 68% fewer weekday trips, 84% fewer AM peak - hour trips and 79% fewer PM peak -hour trips if the site is developed with residential uses rather than general office uses. Please feel free to contact the undersigned should you desire any additional information. ��llli {1117 / //J SRI A. Ag4j Jeffery Maxwell, PE, PTOE RVOSMWIorld FTbfessional Engineer Number 71659 z STATE OF `Date: I S — 12 A1- E �r�allllf iN� � � P:IPLANN WG REFERENCE\L0RNA2ITEFF M105 -15 -12 MAGNUM MARINE PLAT TRAFFfC $TATEMENT.DOC1J aooa C,00 000 ❑❑ n ^� �mm N N N O O O yb d yb� C O U J � . ❑ C ^ 0 C ❑ �r =-3�0 I 110 0 0 £ N �u O �r � k + .f 0 N O, J � o c S s W y�j o p Op y � y coo r�tdc� J J J �jO.00 ? 0 X C O � m CO +y a m � a r m 0 ? ❑ II pro II O J ❑ N 11 O O � O�x• +o o U 00 O Oo 0 1-� Y w � «� m �z � m "'1 H m a 0 5 o y � b � C � � b � � G CTi ^ O O CD Q t� N � N to N LA C7 � d C (n n (D o oa N H C G .7 aro n w f0 � H fD b rn � ~ N O ro � 1 ti u Lh ti N � N � J v x 0 w 00 ~ V J N N N N G 1 U lh N VI 1.0 V. I'D J rn N e Lh VU 00 00 G 00 W 1-� Y w � «� m �z � m "'1 H m Superintendent of Schools Alberto M. Carvalho May 21, 2012 VIA ELECTRONIC MAIL Jeffrey Perlow, Esquire c/o Aventura on the Bay 3250 NE 188 Street Aventura, Florida 33180 Miami -Dade County School Board Perla Tabares Hantman, Chair Dr Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross- Mindingall Carlos L. Curbelo Renier Diaz de la Portilla Dr. Wilbert `Tee" Holloway Dr. Martin Karp Dr, Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS AVENTURA ON THE BAY (01 REZ 12) LOCATED 3250 NE 188 STREET PH2812051000175 — Folio Nos. 2822030530010 and 2822030530020 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed project would yield a maximum residential density of 225 multifamily units, which generates 34 students; 16 elementary, 8 middle and 10 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305 - 995 -4501. Since I n M. Rodriguez; Director I IMR:ir L555 Enclosure CC.' Ms. Ana Rijo- Conde, AICP Ms. Vivian G. Villaamil City of Aventura School Concurrency Master File EXHIBIT #5 01- CPA -12 Facilities Planning, Design and Sustainability Ana Rijo- Conde, A1CP, Eco- Sustainability Officer- 1450 N. E. 2nd Ave. - Suite 525 - Miami, FL 33132 305 - 995 -7285. 305 - 995 -4760 (FAX) - ar#o @dadeschools.net 1 9_1Concurrency Management System � 5) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2812051000175 Local Government Aventura Date Application Received: 5/10/2012 3:14:52 PM LG Application 01 REZ 12 Number: Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Aventura on the Bay Address /Location: 3250 NE 188 Street, Aventura, Florida Master Folio Number: 2822030530010 Additional Folio Number(s): 2822030530020, PROPOSED # OF UNITS 225 SINGLE - FAMILY DETACHED 0 UNITS: — SINGLE - FAMILY ATTACHED 0 UNITS: — MULTIFAMILY UNITS: 225 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Type Id Capacity Required Taken Met 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA K -8 CENTER 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA Five K -8 CENTER Year Plan 6241 HIGHLAND OAKS MIDDLE -101 8 0 NO Current CSA 6241 HIGHLAND OAKS MIDDLE 0 8 0 NO Current CSA Five Year Plan 7141 DR MICHAEL M KROP -409 10 0 NO Current CSA SENIOR HIGH 7141 DR MICHAEL M KROP 0 10 0 NO Current CSA Five SENIOR HIGH Year Plan ADJACENT SERVICE AREA SCHOOLS 2581 MADIE IVES COMMUNITY 153 16 16 YES Adjacent CSA ELEMENTARY 6301 JOHN F KENNEDY MIDDLE 111 8 8 YES Adjacent CSA 7381 MIAMI NORLAND SENIOR 808 10 10 YES Adjacent CSA HIGH *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concu rrency @dadeschools. net n' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name ?N; ftV1C,O6U, LLf_ Relationship (i.e. Attomeys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) dmohrlkl. IV►�n G-� dc��� , i�,.ct J J �� L (Yl�iirw (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(8)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS kP DAY OF L IS.1 _ AUTHORIZED REP SENTATIVE APPLICANT: t (Signature) Name Title: �d-rp QNtn Address: if 71 c A �4 Aw. !P-t l AV /ilVe.�.r{kr� #,,;L.. 331 & o STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Address: �`t ,i �C G am!) �C � vc) Before me the undersigned authority personally appeared V —eyi.") CI►Csl Applicant and/or the owner of the property subject to the application, who being first executed this Affidavit for the purposes stated therein and that it is true and corre . t AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this day of tier No ubli S Zc „• DELILAH PHELAN Print d e of Notary Public State of Florida My Commission i My Comm. Expires Dec 30, 2012 I Commission * DD 848323 i `” L-C recer+taliva..of the did s ar or affirm that he/she Representatives Name Belk J� t,Jx kA►traf\I w Relationship C &YLX r4 C6 nsG! BUSINESS RELATIONSHIP AFFIDAVIT* A. This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x* applicable portions only) 114� Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ } iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; I) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000 00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS _ DAY OF 200_. APPLICANT; By: (&gnature) DAY OF r� Gam , 20V- Title: The to u mess Relationship, " 'Client, " "Customer, " 'Applicant, " 'Representative" and Interested Person" are defined in Section V2-f the Aventura City Code. i.. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehtura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) (y� Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the _____ (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (] I. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; (] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,t . 20OZ_ APPLICANT: By: on lip DAY OF 1- 1 20g2 The le usiness Relationship, " 'Client, " 'Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in Section 2 , the Aventura City Code. W1, BUSINESS RELATIONSHIP AFFIDAVIT* �a Jk�� This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehtura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) [y� Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ j ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of .the City Commission or Board; [ j iv. A City Commissioner or Board member is a Client of the.Applicant or Representative; [ j v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of theCity Commission or Board (or his or her employer) in a given calendar year, vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. W{TNESS MY HAND THIS Akk DAY OF o' 2C4 _�- AP By: S DAY OF tl C;Li , 20Q? By: 'The legs '9u�iness Relationship, " 'Client, " "Customer, " 'Applicant, " 'Representative" and 'Interested Person" are deTned in Section 2 3. ,df the A.venlura City Code. i WITNESS MY THIS _�LP DAY OF t-4&, 20j;, R E, U : Listed on Business Relationship Affidavit) By/ ! , . (Signature) By:, (Signature Na � V11 Print) Name: (Print) I , t' h!I►'1Gt5 (Print) Title:_ (Print) \-11 v By:—. Name : - Cam✓` (Print) Title:__, ?' �%°' __(Print) By: (Signature) Title: (Print) Title: (Pent) By:_ (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title:. 1) By:-- (Signature Name: (Print) Title:_ __ (Print) By: (Signature Name: (Print) Title:- By: _ (Signature v Title: (Print) Title: (Print) By:____ (Signature Title: (Print) Title:_.___ (Print) By: (Signature Title: _ (Print) Title:.._____ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMt -DADE) Before me, the undersigned authority, personally appeared yi t�.,mpi )c—'! the Afftant, w n rst by,me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ��, N 0 D SUBSCRIBED before me this _e' _ day of DELILAH PHELAN -- Notary ubl a Ion 11 Large Notary Public - State of Florida My Comm. Expires Dec 30, 2012 Printed NsiWKtl16ry �''•.FOC��o�:� Commission # OD 848323 My commission expire STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared vkn -%{ the Affiant, wtho ing first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and cofrecl. AFFIANT I T AND SUBSCRIBED before me this is day of _ 1 :j(' tA_._, 20Qt tsar nvo DELILAH PHELAN of teAf F �t large- • * �= 6 s'• * Notary Public - State of Florida P ntedFlameofNo =;� * r- M C Expires 012 Mycommission expires: F �o , Y omm. p s Dec 30, 2 Com mlSSinn � nn e _ _ STATE OF FLORIDA COUNTY OF MIAMI -DADE) — , Before me, the undersigned authority, personally appeared [fit tLy��e ffiant; who bein dst`by me ly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ! SWORN TO AND SUBSCRIBED before me this k day of _fit _ 20V- �— "'0' P "01" DELILAH PHELAN . ; Notary Public - State of Florida Az My Comm. Expires Dec 30, 2012 Commission # DD 848323---_ - STATE OF FLORIDA —) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared __..... — executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _. -- day of _....._, 200_. Notary b t fate f lori�a At j Pri ed N rihe o Notary 'a l My commission expires. �'7' the Afhant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Pubfic State of lbride At large Printed Name of Notary My commission expires:_ AV BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehlura Land Development Code. The undersigned Affiant hereby discloses that: (mark Wth Y app6cab!e portions only) 1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the app►rcalion will be presented. ( 12. Affiant hereby discloses that it does be a Business Relationship with a member of the Cily Commission or a City Advisory Board to which the appiicalion wilt be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as fdlous: HI. Member of City Commission or Board holds an ow, mership interest in excess of 1% of total assets or capital stack of Applicant or Representative; [Ili. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any nallonal or regional stock exchaMe) or joint venturer with the Applicant or Representative in any business venture; O iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same etployer as the member of the City Commission or Board; () iv. A City Commissioner or Board member Is a Client of the Applicant or Representative; ( j v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $Io,000.0o of the business of the member of the City Commission or Board (or his of her employer) in a given calendar year; [)vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and l(ansacts more than $26,00.0.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF &.9 T Z y 1) , W, 169 DAY OF. t/) Cu A , 20Q). By:. 'The terns �u�fness Relationship, ` 'Client,' Customer, " Applicant,' RepresenlaJive' and 'Interested Person' are defined in Section Z -3V the Aventura City Code. WITNESS MY HAND THIS 16 . DAY OF 114 Irr 7-0 ( Z- , 200- REPRESENT�A�TIVE�. Lilsted o ess Relationship Affidavit) , BY' By: (Signature Name. -(Print) Title 64"0E-XX( 605r5,f(- (Print) Title:__—, (Print) By:____.. ... (Signature) By:___, (Signature Narne:— (Print) Name:,.,,. (print) Title:...— (Print) Title., . .... , - — (PlInt) By: (Signature) Name.-, Name: (Print) Title . . ........ By:—.----- By: (Signature) Title: _(Print) Title: By: Title: —...—t`PtInI) Title BY'.- Title: Title: (Signature) (Print) (Pr") By: (Signature Name.-, (Print) Titte: (Print) By:—.----- (Signature Title: _(Print) Title-, By: (Signature Title: (print) Title-- --(Pint) BY'..., Title, Title ...._ ... . .... ... NOTE: 1) Use duplicate sheets if disclosure information for Representative varies (Signature 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(24(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. �[v[ � STATE OFDA j COUNTY OF DEl NOTARIZATiON PROVISION Nei � Before me, the undersigned author ty, personally appeared f'Il!J KG7V , 4'6 e Affiant, who being first D ul worn, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it is true and correct. SWJ70 _ Ine�ttls �.�_ day of lr��► 1r O1K ,'W. 01WO4862385 1, Qpfilfkd in QUOCns County No ary Public State of Florida L e C^ mission Expires July 14, 201 C 1 Panted Name of Nafary My commission expires:_.,,_._ -, STATE OF FLORIDA j COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this __ day of __ 200_ STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared . executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this ^,.. day of,__. _ . _ , 200. STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of ,_.. ___„ _,_ 200_.. the Affiant, who being first by me duty sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:__ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Flonda At Large Printed Name of Notary My commission expires:__, the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires._ -. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(6) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [Vfl. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on (List City Commission or City Advisory Board upon which member serves). the The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative, [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ j iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 0- DAY OF )W'N'N , 2QL% APPLICANT: ' By: v (Signature) me:, n H. trlow _(Print) Title:_ Q NBC` (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER By:_ (Signature) Name: (Pont) Title: (Print) 'The terms 'Business Relationship, " "Client, " " Custome(, " 'Applicant," "Representative" and "Interested Person" are defined in Section 2 -335 of the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x* applicable portions only) (�. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ J i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board Is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, ([ v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; j ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 16 DAY OF a 2112 APPLICANT: By: (Signature) Name: _ (Print) Title: rt Nom_ (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship, " "Client," "Customer, " Applicant,' "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* �%qJF This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affant hereby discloses that: (mark with "x' applicable portions only) V/1 AHiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ J i. Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative, (j ii. Member of City Commission or Board Is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (j Iv. A City Commissioner or Board member is a Client of the Applicant or Representative, [ j v The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /D {1 DAY OF 20JU- APPLIC (J B (Signature) Name nt) Title: A11Vy%Ak`i (Print) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER: By:_ (Signature) Name: (Print) Title: (Print) 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code. NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS je DAY OF �L -. 20i4.Z Cl PRESENTATIV . (Liste on Business Relationship RE Affidavit) (Signature) By: __._ (Signature Name t lt /y A+ lOW (Print) Name: (Print) (Print) Tale:_ (Print) By: (Signature) By:__.._ (Signature NameCs�wr y SiO�✓ 77l' (Print) Name: (Print) Title: *f 77_-O! t/E� (Print) Title: (Print) By ignature) By: (Signature p Name: /J zo, (Print) Name:_ (Print) Title: t y" (Print) Title:_ (Print) By: (Signature) By: (Signature Title: (Print) Title: (Pant) Title: (Print) Title:_. (Print) By;____ (Signature) By:.— (Signature Title: (Print) Title: (Print) Title: (Print) Title:.. (Print) By: (Signature) By:_ (Signature Title: (Print) Title: (Print) Title: (Print) Title:_` (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI•DADE) �.,,,,// Before me, the undersigned authority, personally appeared k Py' the Affiant, who be' rst me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and corrects A FIANT //.�� ^ GLADYS OTERO � SWORN TO AND SUBSCRIBED before me this A— day oh, _, 20LI- = *: •: NAY COMMIS`'10N # EE078119• (J y �State EXPIRES March; Notary orida At large 407) 399 0153 FlorldallotaryServic Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared4 ' 3 "ine A(fiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and corr t- FFIAN j GLADYS OTERO SWORN TO AND SUBSCRIBED before me this _ • day of Hey 216�- MY COMMISSION # EE078119 N ary Public to of Florida At Large EXPIRES March 27, 2015 407} 3pg 0153 Fl(r NotarySer ice,com Printed Name of Notary My commission expires:, STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ton SdVW .^ the A�ff n4� first me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes staled therein and that it is true and correct. ,y" �►+� • ' GLADYS OTERO SWORN TO AND SUBSCRIBED before me this Oday of ._, 20j.L 'R *: MY COMMISSION # EE078119 uyfFloddaAtLarge EXPIRES March 27, 2015 AryPu�b�HcEtale (407) 399 0153 Fl )rldallotaryService.com Printed Name of Notary My commission expires:_- __.._ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ the Affiant who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ __ day of . 200_, AFFIANT Notary Public Stale of Florida At large __. _...- ._-- _-____ .- --_..__ Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* tea,. y ®, This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl hereby discloses that: (mark with "x' applicable portions only) Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will he presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant of Representative; (j ii, Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (j iv. A City Commissioner or Board member is a Client of the Applicant or Representative; ( ]v- The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Appticanl or Representative in a given calendar year. WITNESS MY HAND THIS - DAY OF !IV& -4 242- APP By`-' `*' I _(Stgnalure) Name E'f-r'6 4 114AX r✓ CL-c- (Pnnl) Title: ?/2A�= re7�,✓��rrR __(Print) <:�4LVrnl� Gr�Rt�Ar0,�- �SfbGr+�r�S,iN<" WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: _(P(int) Title:_ (Prim) 'The terms 'Business Relationship,' "Client," "Customer," Applicant," "Representative" and 'Interested Person" are defined in Section 2 -395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared5FF% -� 12N�C►JfUy Atfiant, who being first by me d sworn, did swear or affirm that he /she executed this Affidavit for the purposes stated therein and that it Is true and correct. AFFIAN e o e me Inis . ay o _.. r _ ,_, 20[12 ELIZABETH LINARES Notary Public - State of Florida - -- - - -- -- My Comm. Expires Sep 14, 2013 Nom, ?ubrC ate Commission i DD 925145 Printed Name of Notary Jose W My commission expires: 14 13 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _. the Atfiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidawl for the purposes staled therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _ -_ day of 200, Notary Public State of Florida At Large Punted Name of Notary My commission expires:,__.- -- ----------------- _-• •--- --- — _ - _ ._._ . -. . STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _.. -_.__. _ : the Affiant, who being first by me duty sworn, did swear or affirm that he/she executed this Affdavil for The purposes stated therein and that it Is true and correct. AFFfANT SWORN TO AND SUBSCRIBED before me this day of._ —_ .�._.._, 200_. Notary Public Slate of Florida At Large Prinled Name of Notary My commission expires:—... _. —_.. _� _.._._ ....- .. -..__ ., _ .................. ..... _. _ _ _. - . STATE OF FLORIDA ) — COUNTY OF MIAM(-DADE) Before me, the undersigned authority, personally appeared `.._. Die AffrsnL who being first by me duly sworn, did swear or affirm that he/she executed this AffdaW for the purposes staled therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me [his day of Notary Public Slate of Fiurida Al large Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (] ii Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) In a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS __, DAY OF, 200_.. APPLICANT: By: (Signature) Name: (Print) Title ._(Print) WITNESS MY HAND THIS DAY OF PROPERTY OWNER: By: _ (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and 'interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS ANDTHIS(�DAYOF HAY ,�299_'.24tZ- RESEVIT IVE j mess Relationship Affidavit) C (Signature) By:__ (Signature Name.,1)4'^l 7E3�7-rhI/ZM(Print) Name: _ (Print) Title:. V, ex, %-S i (Print) Title:___ (Print) By;__, (Signature) By:__ (Signature Name: (Print) Name: (Print) Title: _._(Print) Title:__ (Print) By:_,__ (Signature) Name: (Print) Title: _(Print) By: (Signature) Title: ._(Print) Title: (Print) By;__ (Signature) Title: (Print) Title: (Print) By; (Signature) Title: (Print) Title: (Print) By: (Signature Name: (Print) Title:— (Print) By: (Signature Title: (Print) Title:____,— (Print) By:__ (Signature Title: (Print) Title:___ — (Print) By: Title: (Signature (Print) Title:-------- (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI - DADE) Before me, the undersigned authority, personalty appeared DW 115'LC f1070 4 Atli t, who being first by me duty sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. !D AFFIANT SWORN TO AND SUBSCRIBED before c State of Florida hi ay so095 ion EE 1 612016 Printed Name of Notary My commission expires:_- �� oz) ?,j STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ -- the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is We and correct AFFIANT SWORN TO AND SUBSCRIBED before me this - _ day of _ _ — 200. Notary Public Stale of Florida At Large Printed Name of Notary My commission expires:_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ the Affiant, who being first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this —,., _ -. day of __., 200_ Notary Public State of Florida At Large Printed Name of Notary My commission expires:. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this _ ___ day of _._— _._._ -.200— AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* �Vtr ry/) \YV. This Affidavit is made pursuant to Section 31 71(b)(2.)(ii) of the City of Aventura Land Development Code. The undersiped Affianl hereby discloses Thal: (mark with "x' applicable portions only) ( Affianl does not have a Business Relationship with any member of the Cily Commission or any City Advisory Board to which life application will be presented. (� 2. Affianl hereby discloses that it does have a Busioe -ss Relationship with if member of the City Commission or a City Advisory Board to which the application will be presenled, as follows: __, ..... ...... _..__ (List name of Commissioner or Advisory Board Member) who serves oil lire . ..... __. ._._____.._...__.------ ---- _.__ _ (List City Commission or City Advisory Board upon whiC,h rnomberserves), The nature of the Business Relationship is as follows: [ i. Member of City Commission or Board holds an ownership interest in excess of 1 % of lolal assess or capital stock of Applicant or Represenlativn; (j ii. Mlomber of Cily Commission or Board is a pariner, co- shareholder (as to shares of a corporation which are not listed of) any national of rNional stock exchange) or joint venturer with the Applicant of, Ropfescnhalive in ally business veMrsre; (} iii. The Applicant or Represenfative is a Client of a member of (he Cily Commission or Board or a Client of another professional working from the same office: or for tho same employer as the member of the City Commission or Board; j iv. A City Commissioner or Board member is a Chotil of the Applicant or Represenlalive: (j v, The Applicant of Representative is a Customor of the member of the 0ly Commission or Board (or of his or her employer) and transacts mole than $10,000.00 of the business of the member of lho Cily Commission of, Board (or his or her employer) in a (liven calendar year; (j vi. The member of the City Commission or Board is a Customer of the Applicant or Represenlative. end transacts more than $25,000.00 of the business of the Applicant or Reprosenlative in a given calendar year. 4VITNrSS MY tjAND THIS _ _DAY OF (A hr WITNESS MYfI IAND THIS DAY OF �__...._.__...___._._. _.._.200...• PROPERTY OWNER: ....... ......... .__ ...... _..._____..— .__(ArinQ ............. ..._.. ......... __.._...�._...._ ')he leans Business Nelmionship," "Client, " 'Y;ratvmei " 'Applicivat," "Ropreseidalive" and 'Ynlerested Person" are de /bred is Section 2 -395 at lire Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT'* This Affidavit is made pursuant to Section 31.71(b)(2)(ii) of She City of Aventura Lind Development Code. 'flip undersigned Affool hereby discloses that: (+nark with 'V applicable portions only) 11�1. Affiant does n0.(, have a Business Relationship with any menbc;r of the City Commission or any City Advisory Board to which the application will be presented. [ J 2. Afliant hereby discloses that it does have a Business Rehilionshfp with a member of the City Commission or a Cily Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (Hsi City Commission or City Advisory Board upon which mr;rnber serves ). The nature of the Business Relalionship is as follows: [ J i. Member of Cily Commission or Board holds an ownership interest in excess of 1 % of total assets or capital s took of Applicant or Represenialive; [ J ii. Member of City Commission or Board is a pm1ner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any businoss venlwo. (J ill. The Applicant or Represenlative is a Client of a member of the City Commission or Board or a Client of another professimnaf working from the same office of for the same ernikyer as the member of the City C0mmi9si0f1 or Board: j J iv. A City Cornrnissioner or Board member is a Client of the Applicant or Represenlative; [ J v. The Applicant or Representalive is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a givers calendar year; [ J vi. The member of the City Commission or Board is a Customer of the Applicant or Represenlative and (ransacls morn, than $25,000.04 of the, business of the Applicant or Represenlative in a giver} calendar year. WITNESS MY HAND TIi1S ._� { _DAY OF.,\ APPLICANT: By:.. a(__ ._: — _ (Srilr1,9wx) - -- Name:. j?j CN,!P it/ _�`.t._}._VA A/S _s.? � _.(Print) i'itte:_eQ1? br2 (Print) WITNESS MY HAND THIS PROPLRTY OWNER DAY 01- --- -- ._.. ..... 1._1-1_.__.1......_. -, 200-1. By: _._. ....... _..__..— . - - -• -- --1111._ 1111 . ___.._.__.. __. (Srgna7nre) __.. .......... ........ .._....___(Prior) Tie leans `RlAiness ReliltionsPul), " 'Client, " "Customer, " 'Appliri1171, " Rcpresenfalive" amt "Inlefeslerd Parson" ate de /inert in Section Z -396 of the Avr ntiva City Code. WITNESS MY HAND THIS.,,-/6-,- DAY OF _ _' 2Qt REPRESENTATIVE: (Listed on Business Relationship Affidavit) BY: 1. Z1 i��.1,.�.- �5':._ y �' - � - �- ��rrfhalure) 8y:.... __� - - - -- - --- • - - - -- - ( Sgnature ,� _. -- _-- ..- Trtle:.-. _.___._._.._..____.._.___�_. - -- __(Print) Title: _.. ��> _...... _._..(print) a ML" Ar-s,s4co��,. BY:_...._......_.___ ._- ..._____....... .... ..... _.._ Name:_.- .- ..__.__.._.._ �__._..---- ._.....- -•(Print) Title:_._..__..._ ..-_ ._....__..._.__.._...._- rpr•LNJ . ......... _ ,(Prim) By:_-__._.____ .... .__.. Title: _.___.._ .......... _— .- _._(l�rHrr) By:__ __. __...__....— _._._(Signature) Title:- _- •, - -..__ ...._____- ___.._._._ ._ ..... _� (print) By; (. Signatuue Title:.._.. Title:_._..__..._ ..-_ ._....__..._.__.._...._- rpr•LNJ By; (. Signatuue Title:__._---..__..__- ...._..___...._._...__.._._.__ rf'1 irr!) By; (. Signatuue Title:___..._ ...._.. ..._._....__•_.__._-- . ......... _ ,(Prim) By:_-__._.____ .... .__.. ......... .....,- ..__..._ (Signatum Title: - ..- _ ------- ._._____.. Tite:_........... -- ..___.... ..._._ ......... ... .— (Print) Titlo: ------- ._ .......... _ .... .... ___ . __.. ..... _ ... ......... - ._ (print) Tike:_ NOTE: 1) Use duplicate Sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec.:31- 71(1))(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect ar incomplete, '9' Alliani,mw being first bywoodlY SWOM, did Swear waiffm that helshn ,xLmjIeo this mmmw10'mvpmyOs° stated therein arid that it6 true and *mwm /? vom/ u`^���`�'^''--~ AFFwNT /i �/ SWORN To AND mmmm/opnwmmwomuL�—mv�z�L�\/...2�-,�, S1 t�t xmumFLORIDA } COUNTY ���DADC-) oowo*�mwm*,�� x��p�ex���__�_��.���...... ' "WORN m AND wmCRm belm rnam*8/ day of/U�. (/ ---------------'-----'------------- STAY- OF FLORIDA f1driled Name of Not3ry MY comillission expires: by (110 duly swoffl, dki swear or Allifal that tiCISI10 | DUN #EE68805 7: 4. Reffo�e me, tile undersignad outhotity, Personally appolfe'd .. .. .............. .. ._ . . . ...... tho Alliaril. Who bLiOg 5ml by [lie daly Swum, (lid swear or afliffn that ber'she L,Yecuted this AMdao( 13f the purposes slated lbereja and Rrat it Is trup, irld correct, ___ SWORN m AND mmncnmeoIlofor"moom___ day m____~mo~ Nolary Publk: State of Florida At lmqc ___ ____ ---- ------ Printed NafnL, of Notary My onimi'm;ioxoxPirm_____ ......................... --- ------- ..... ..... ..... _______.............. .... _______----------- ........... __................ ............ ......... ...... ________ MTE Of- FLORIDA fleum Mo. file ondom�go o^"mmx»wv,onmhwmea,ed '`' _' —_ mow�o/. who oa,omw�oe��Swvmom^wo�w^��mmo�me SWORN m AND waaCmyco before oe this ' _ _day m _—__-�.200— — -------- womoPublie Stalovf Florida At Largo' Printed Namu of Notary — commisniorl expifes:" ___� ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan ") in February 1999; and WHEREAS, the Future Land Use Map of the Plan designated the subject property, more particularly described in Exhibit "A ", Business and Office; and WHEREAS, the owner has made application to the City to change the land use designation from Business and Office to Medium High Density Residential; and WHEREAS, the owner has made application to the City to approve a residential zoning designation on the subject property, which is subject to the adoption of the requested amendment to the land use designation; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that it is in the best interest of the public to amend the future land use map designation on the subject property from Business and Office to Medium High Density Residential; and Ordinance No. 2012-. Page 2 WHEREAS, the City Commission finds that the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible and it is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designation of the parcel of land situate on 3250 NE 188 Street, more particularly described in Exhibit "A" to this Ordinance, totaling 7.082 acres more or less and having folio numbers 28 2203 053 0010 and 28 2203 053 0020, is hereby changed from Business and Office to Medium High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura and that Ordinance No. 2012 - Page 3 the Future Land Use Map of the Comprehensive Plan shall be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Economic Opportunity, Division of Community Development as provided under Chapter 163, Part II of the Florida Statutes. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. 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 Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner follows: and upon being put to a vote, the vote was as Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No. 2012-. Page 4 PASSED on first reading this 5th day of June, 2012. PASSED AND ADOPTED on second reading this 10th day of July, 2012. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Ordinance No. 2012-. Page 5 EXHIBIT "A" Legal Description of Subject Property Lots A and B, of Magnum Marine Plat, according to the Plat thereof, as recorded in Plat Book 147, Page 12, of the Public Records of Miami -Dade County, Florida. Also known as: A portion of that certain property deed to Gautier to Maule Industries Inc. and described in Deed Book 630 at Page 67 of the Public Records of Dade County, Florida, said portion being particularly described as follows: A portion of the Southeast % of the Fractional Section 3, Township 52 South, Range 42 East, Dade County, Florida being particularly described as follows: Commence a the Southwest corner of the Southeast '/4 of the Northeast % of the Southwest % of said Fractional Section 3, Township 52 South, Range 42 East; thence run South 89 degrees 56 minutes 45 seconds East along the south line of the southeast '/4 of the Northeast % of the southwest Y4 of Fractional Section 3 for a distance of 450 feet; then run North 00 degrees 39 minutes 25 seconds West for a distance of 185.83 feet; thence run North 89 degrees 20minutes 35 seconds East for a distance of 1,217.70 feet to the point of beginning of the property herein described; thence continuing North 89 degrees 20 minutes 3 seconds East for 588.95 feet; then run North 00 degrees 39 minutes 25 seconds West for 35 feet; thence North 89 degrees 20 minutes 35 seconds East for 400 feet; thence run South 00 degrees 31 minutes 59 seconds East for 318.42 feet to the mean high water line of Dumfounding Bay and adjacent canal; thence along the said mean high water line for the next ten courses, run South 83 degrees 53 minutes 28 seconds West for 87.62 feet; thence run North 83 degrees 58 minutes 15 seconds West for 113.67 feet; thence run South 79 degrees 49 minutes 50 seconds West for 74.60 feet; thence run South 86 degrees 39 minutes 18 seconds West for 115.35 feet; thence run North 89 degrees 06 minutes 17 seconds West for 121.75 feet; thence run North 81 degrees 26 minutes 33 seconds West for 74.61 feet; thence run South 84 degrees 00 minutes 20 seconds West for 100.78 feet; thence run North 87 degrees 42 minutes 10 seconds West for 111.98 feet; thence run South 86 degrees 48 minutes 26 seconds West for 91.38 feet; thence run North 82 degrees 21 minutes 58 seconds Wes for 101.59 feet to the point of termination of the mean high water line; thence run North 0 degrees 39 minutes 25 seconds West for a distance of 274 feet to the point of beginning. Together with that certain property located in Miami -Dade County more particularly described as follows: Ordinance No. 2012 - Page 6 EXHIBIT "A" (continued) Commence at the Northwest corner of the North '/2 of the North '/ of the South '/2 of the SE '/4 of Fractional Section 3, Township 52 South, Range 42 East, of Dade County, Florida; thence run 00 degrees 31 minutes 59 seconds East along the west line of the SE '/4 of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the Southwest corner of said North '/2, North '/2 , South '/, SE '/4 for 1989 feet to the Southeast corner of the 7.65 acre parcel described in trustees of the Internal Improvement Fund Deed No. 21380; thence run North 00 degrees 31 minutes 59 seconds West along the east line of said 7.65 acre parcel for 8.7 feet, more or less, to the north bank of the existing canal, being the southeast corner of the 16.0 acre parcel described in ORB 630 at Page 67 of the Public Records of Dade County, Florida and being the point of beginning of the hereinafter described parcel From said point of beginning, thence run South 00 degrees 31 minutes 59 seconds East along last described line, for 78.7 feet more or less to the southeast corner of said 7.65 acre parcel; thence run North 89 degrees 58 minutes 51 seconds West along the south line of said 7.65 acre parcel for 300 feet to the point of intersection with the northerly extension of the east line of the 11.93 acre parcel as described in trustees of the Internal Improvement Fund Deed No. 21379; thence run North 00 degrees 31 minutes 59 seconds West along last described northerly extension for 77.3 feet more or less to the north bank of the existing canal, as described in the 16.0 acre parcel description; thence run Easterly meandering the north bank of the existing canal, as described in the 16.0 parcel for 300 feet more or less to the point of beginning. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Manager , BY: Joanne Carr, AICP_ Community Developm6nf Director DATE: May 21, 2012 SUBJECT: Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for property at 3250 NE 188 Street, containing 7.082 acres more or less, from OP, Office Park District, to RMF313, Multifamily Medium Density Residential District. (01- REZ -12) June 5, 2012 Local Planning Agency Agenda Item June 5, 2012 City Commission Meeting Agenda Item July 10, 2012 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for the parcel of land with municipal address 3250 NE 188 Street containing 7.082 acres, more or less, from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District. The applicant has proffered to prepare and record in the Public Records of Miami -Dade County, at its expense and in form satisfactory to the City Manager and the City Attorney, a declaration of restrictive covenants restricting the density on the property to no more than 225 residential dwelling units and further providing that this maximum number of residential dwelling units shall remain the same in the event that the applicant or landowner purchases additional contiguous submerged lands. The applicant has further proffered to record the declaration of restrictive covenants prior to January 31, 2013, or prior to the issuance of the site development building permit, whichever is earlier. The ordinance amending the Official Zoning Map from OP, Office Park District, to RMF3B, Multifamily Medium Density District, will not be effective until the declaration of restrictive covenants is recorded and provided to the City. THE REQUEST The applicant, PMG Aventura LLC, is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for the parcel at the southeast end of NE 188 Street with municipal address 3250 NE 188 Street from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY: NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTY BACKGROUND Happiness Inc. PMG Aventura LLC 3250 NE 188 Street See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph Approximately 7.082 acres Upland Parcel is 6.529 acres Submerged Parcel is 0.553 acres This site is a vacant parcel of land on the south side of NE 188 Street to the south of the Aventura City of Excellence School, the Aventura Community Recreation Centre and the Aventura Arts & Cultural Center and at the easterly termination of the street. It is approximately 7.082 acres which includes approximately one -half acre of submerged land. The site is currently designated Business and Office on the City's Future Land Use Map and zoned OP, Office Park District, on the City's zoning map. The previous County zoning was for industrial uses on this parcel. The existing future land use designation of Business and Office and Office Park zoning category were assigned to this property when the City's Comprehensive Plan and Land Development Regulations were adopted in 1998 and 1999 respectively. At that time, the other parcels on the street were being used for marine manufacturing. They had a future land use designation of Industrial and Office and a zoning category of TC2, Town Center Marine District, which allowed the continuation of the marine manufacturing businesses. This site and the site to the north, which now contains the City's 2 Community Recreation Center, Arts & Cultural Center and Aventura City of Excellence School, were envisioned for office buildings as a compatible use with the existing manufacturing businesses. In 2002, the marine manufacturing parcels were changed at the request of the owners from Industrial and Office to Medium -High Density Residential future land use and from TC2, Town Center Marine zoning district to RMF3A and RMF313, Multifamily Medium Density Residential zoning districts. The multifamily residential projects, including Uptown Marina Lofts, the Atrium, Artech, Eastside and 3030 at Aventura were built following those land use and zoning changes. The future land use and zoning on the parcel subject of this report remained the same since no request to change was received from the owner. The applicant has entered into a contract to purchase the land. Its proposal is to construct an eleven story, 225 unit luxury residential condominium building. The RMF3B zoning category permits multifamily residential buildings with a maximum density of 35 dwelling units per acre, or 245 units for this 7.082 acre parcel. The applicant has proffered to restrict the maximum number of dwelling units to 225 and to record a declaration of restrictive covenants to that effect. The maximum allowable height in this zone is 4 stories or 45 feet, unless the owner constructs the pedestrian promenade to the City's specifications, in which case the height maximum is increased to 7 stories or 90 feet. The zoning district also provides that, with construction of the promenade, there is no maximum floor area ratio (other than the 2.0 set by the Comprehensive Plan), that driveway separation requirements of the Code do not apply but must meet safety and traffic engineering standards as determined by the City Engineer and that view corridors of 3% of the average of the two frontages up to a maximum of 100 feet are required. This zoning district further provides that if the applicant proposes to dedicate land to the City for educational, recreational or cultural municipal purposes, the City Commission may, through the conditional use approval process, approve a maximum building height of up to 11 stories or 135 feet, provided however, that the minimum lot size for dedication must be 1.5 acres, the form of conveyance must be approved by the City Commission, that minimum open space must be 40% of the lot, that there is no maximum floor area ratio (other than the 2.0 set by the Comprehensive Plan) and that any structure parking must be incorporated into the building envelope and compatibly designed. As stated in its Letter of Intent attached as Exhibit #1, the applicant is proposing to dedicate the westerly 2 acres of the site to the City for municipal purposes and to construct the pedestrian promenade along the canal. K ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North Properties to the South Properties to the East: Properties to the West Existing Land Use Subject property: Properties to the North Properties to the South Properties to the East: Properties to the West: Business and Office Business and Office & Parks & Recreation Medium -High Density Residential Dumfounding Bay Medium -High Density Residential OR Office Park District CF, Community Facilities District RMF3, Multi - Family Medium Density Residential District CNS, Conservation District RMF3B, Multi - Family Medium Density Residential District vacant performing arts theatre, city charter school and community recreation center residential condominium water residential condominium Access — The parcel access is from NE 188 Street. Conformity to City Comprehensive Plan — The proposed amendment is subject to the approval of a Comprehensive Plan amendment to change the land use designation of the parcel from Business and Office to Medium High Density Residential. The comprehensive plan amendment application is being made concurrent with this application for rezoning. Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31 -77 of the Land Development Reaulations: Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designation for this parcel from Business and Office to Medium High Density Residential. 4 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The buildings immediately to the west are zoned RMF313. The building immediately to the south is zoned RMF3. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. 4. Whether or not there are sites available in other areas currently zoned for such use. There are no vacant sites available in other areas of the City currently zoned for RMF3B uses. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Property Location Lot Size Increase in -Density Population Factor Overall Increase in Population 3250 NE 188 7.082 ac 31.77 du /ac 1.99 448 persons Street (density limited by proffered covenant The proposed change would not adversely affect population density such that the demand for water, sewers, streets, and other public facilities and services would be adversely affected. The proposed residential use of this property will decrease the l•'1 demand for water, sewer, streets and other public facilities as compared to the presently permitted uses. 8. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation — The applicant's traffic engineers have prepared traffic generation information relative to existing permitted uses and the proposed amendment. The report dated May 15, 2012 prepared by Calvin, Giordano & Associates Inc. is attached as Exhibit #4. The report has been reviewed and approved by the City's Traffic Engineering Consultant. Applications Area 7.082 acres Land Use Category Daily Trips AM Peak HourTrips PM Peak Hour Trips Existing Zoning Office Park (OP) 4,091 601 559 Designation Proposed Zoning RMF3B, Medium 1,307 99 117 Designation Density Residential (restricted by proffered covenant to maximum of 225 dwelling units The report indicates that the proposed residential zoning with 225 residential dwelling units generates approximately 2,784 less daily vehicular trips than the existing commercial zoning and when compared to the am peak and pm peak hours, generates approximately 502 to 442 less trips, thereby resulting in significantly less impact on the City's road network as compared to the existing zoning designation. School Impacts — The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board. Also in accordance with the Interlocal Agreement, the School Board has been invited as a non - voting member of the Local Planning Agency for this application. The application has been analyzed by the School Board for compliance with the level of service contained in the Interlocal Agreement. The Board's letter dated May 21, 2012 D is attached as Exhibit #5 and is based on a maximum of 225 residential dwelling units. This preliminary analysis concludes that the required level of service standard is met. The level of service standard in the Interlocal Agreement is the same level of service standard contained in the Education Element of the City's Comprehensive Plan. The concurrency analysis shows that anticipated student generation for this development will be 16 seats for elementary, 8 seats for middle school and 10 seats for high school. The public elementary school in our Concurrency Service Area has no seats available, the public middle school is 101 seats over capacity and the public high school is 409 seats over capacity. The level of service standard provides that, in the event no capacity is available within a concurrency service area, the School Board may look to adjacent concurrency service areas to provide that capacity. The adjacent service areas' elementary, middle and high school do have sufficient capacity. Therefore, the required level of service standard for education is met. The final concurrency determination and reservation of capacity is made by the School Board once a site plan or plat is approved. It should be noted that capacity as calculated for concurrency measurement and reservation does not necessarily equate to seats that may be open for enrollment at any particular time. The proposed residential use on this site will more compatibly support the Aventura City of Excellence School versus the commercial uses presently allowed. 7 PMG Aventura, LLC Real Estate Principals Date: May 2, 2012 To: City of Aventura Re: Letter of Intent To Whom It May Concern - Exhibit #1 01- REZ -12 COMMUNITY DEVELOPMENT CITY OF AVENTURA MA -4 2012 INITIAL Please accept this Letter of Intent ( "Letter ") as an expression of interest on behalf of PMG Aventura, LLC ( "PMG ") to develop a luxury residential condominium project located at 3520 NE 188h Street ( "Property "). With over twenty five years of development experience, and more specifically a concentration in high end residential product, we are looking to create a landmark development for not only the Aventura area, but the entire South Florida market. The proposed development would allow for an eleven (11) story residential condominium building, consisting of 225 residential units. Additionally, in accordance with Aventura Municipal Code Section 31- 143(g)(9), there shall be no maximum floor area ratio. Per the identified code Section, we propose to dedicate the west two (2) acre portions of the site to the City of Aventura. Further, as is known by the City of Aventura, a decaying structure currently exists on the proposed site. Regardless of whether or not the structure is located on our property in its entirety or encroaches upon the proposed dedicated portion, we are committed to removing the structure at no cost to the City of Aventura. In accordance with Aventura Municipal Code Section 31- 143(g)(8), we intend to provide a Pedestrian Promenade for use by the general public in connection with both our remaining property and the west two (2) acre portions to be dedicated to the City of Aventura, again at no cost to the City. Any assistance PMG and /or correlating contractors can provide to the City for developing the dedicated parcel will be available at reasonable cost /market cost if the city elects to do so. In order for the project to be unique, the development team must be unique. PUG plans to use a combination of a premier local architect in conjunction with a world -class design architect. Additionally, PMG's local experience will allow for an easy selection of local experienced consultants ranging from the MEP to landscape architect. More importantly, PMG will include a renowned interior design firm to maximize design and luxury for all common spaces, shaping the look and feel of the remaining 5 -acre parcel. The proposed project would incorporate a design the compliments the local environment, which includes not only green space & bay, but the Aventura Arts and Cultural Center. The amenities will include everything from a world class gym to private concierge services. The proposed units would average anywhere from 2,500 to 3,000 square feet with finishes of the highest standard. This project is PMG's third luxury development Miami in the past 5 years. In 2009 PMG delivered Mei Miami Beach, a 134 -unit luxury development located on 58th and Collins, which is currently regarded as one the premier residential buildings in Miami Beach. More recently, PMG purchased a parcel located at 9501 Collins Avenue and is currently under development. The project, otherwise called 95�h on the Ocean, is a boutique beachfront development featuring 7- private, exclusive luxury homes. 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 PMG Aventura, LLC Real Estate Principals It is our intention to begin the rezoning process as of May 1st and work towards achieving a plan that mutually benefits both parties and the community. We look forward to working with the City of Aventura over the coming months. PMG Aventura, LLC Sincerely, Ryan Shear Managing Director 19495 Biscayne Blvd. # 410, Aventura, FL 33180 1 305.917.1070 BROWARD COUNTY DADE COUNTY IVESSDDAII RD. 'r �r �t t `[ 0 lE n w'. X;. p1 MIAMI GARDENS DR. :r + •a xt r7 yT Arentura Hospital ,Q & Medical Cenrer V, — w The N Promenade Shops 203 ST. �U rn N 201 TER " ;■ AVENTURA 13l-' '' Fire Ik Rescue Aventura Station Library Aventura Mal 4116'r1hrrilt" a a m a f ■mayTS'riY rAgm7%'/Tymwi P k tream YACHT CLUB DR. MARINA • HARBOR COVE WAY CIRCLE • IN W ■ Q MA ER PY yj co ■ co ■ Waterways ■ WATERWAYS Waterways 207 ST. ■ w _ • COUNTRY CLUB DR. • ■ 0 V p C'TF�Lj ■ 1 � j .s t� ■ � �urnberry Jsle ' A ■ m hone ortfclub ` ■ Q s �� / • J +'?�4� t���`� w' i � mil = : Qom' ■ U U Q k w; O `z � QQ Mall /1, a � � s Exhibit #3 01- REZ -12 © _Calvin, Giordano & Associates, Inc. a E A C E P T 1 0 N A L 5 0 L U T 1 0 N S Memorandum ❑ fort Lauderdale Office - 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 Phone: 954.921.7781 . Fax: 954.921.8807 ❑ Palm Beach Office- 560 Village Blvd., Suite 340, West Palm Beach, Florida 33409 Phone: 561.684.6161 . Fax: 561.684.6360 Exhibit #4 01- REZ -12 DATE: May 15, 2012 TO: Mr. Ryan Shear PMG Aventura LLC 19495 Biscayne Boulevard, Suite 410 Aventura, FL 33180 FROM: Jeffery Maxwell, PE, PTOE Calvin, Giordano & Associates, Inc. (CGA) 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 SUBJECT: Magnum Marine Plat Traffic Statement Per your request, CGA has completed a trip generation analysis for project site know as the Magnum Marine Plat in the City of Aventura, Florida. Existing zoning currently allows for development of 428,560 square feet of general office. It is our understanding the proposed land use will consist of up to 225 condominium units in place of general office. Trip generation estimates were calculated for the currently approved land use as well as the proposed land use based upon trip generation rates contained in the 8` Edition of "Trip Generation" published by the Institute of Transportation Engineers (1TE). Trips were calculated for a standard weekday as well as the morning and evening peak -hours of adjacent street traffic. As indicated on the Trip Generation Table included with this memorandum, the proposed change in land use will result in a net decrease in traffic attributable to the site. The proposed 225 -unit condominium development is expected to generate 2,784 fewer trips during a typical weekday as well as 502 fewer trips during the AM peak -hour and 442 fewer trips during the PM peak -hour. This corresponds to approximately 68% fewer weekday trips, 84% fewer AM peak - hour trips and 79% fewer PM peak -hour trips if the site is developed with residential uses rather than general office uses. Please feel free to contact the undersigned should you desire any additional information. Ftitl A. `�`` � .�`GEN$�:•. �� ms's Jeffery Maxwell, PE, PTOE RVOstir loAd FS)fessional Engineer Number 71659 :• STATE OF -Date: — IS — l2.. 0 .•'•. F� Z0114#111 ilk PAPLANNING REFERENCE\LORNA2UEFF NA05 -15 -12 MAGNUM MARINE PLAT TRAFFIC STATEMENT.DOCJ Es ( :3 \00 2tt \\\ /\\ \ \) \¢/ ( ®& 2&� §I s (f} )j) %&% \\ \{ \\ F$m� ( \R d]d / \[ ¢(m m 2m. [\ ) }% � \\ \\� {2{ \�\ &\ E \ 5 � c « M R / / M C) @ / ) E E \ \ R \ § 5 r \ \ 2 ® ` /� E \ � § % \ ) w w n2 / t ~ k � ° m CD _ G / e 7 \ ft m CD n 0 M 0 \ \ E E $ 2 8 a r \ & � \ @ @ \ \ � } J\ / \ w § § G G / y �R / \ q r / % d d 2 \ E\ LA 00 00 \ $ / 2 ` k # & m � \ 5 � c « M R / / M Superintendent of Schools Alberto M. Carvalho May 21, 2012 VIA ELECTRONIC MAIL Jeffrey Perlow, Esquire c/o Aventura on the Bay 3250 NE 188 Street Aventura, Florida 33180 Miami -Dade County School Board Perla Tabares Hantman. Chair Dr. Lawrence S. Feldman. Vice Chair Dr. Dorothy Bendross- Mindingall Carlos L. Curbelo Ranier Diaz de la Portilla Dr. Wilbert '`Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS AVENTURA ON THE BAY (01 REZ 12) LOCATED 3250 NE 188 STREET PH2812051000175 — Folio Nos. 2822030530010 and 2822030530020 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above - referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed project would yield a maximum residential density of 225 multifamily units, which generates 34 students; 16 elementary, 8 middle and 10 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305- 995 -4501. Since I n M. Rodriguez, R.A. Director I IMR:ir L555 Enclosure cc: Ms. Ana Rijo- Conde, AICP Exhibit #5 Ms. Vivian G. Villaamil 01- REZ-12 City of Aventura School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo- Conde, AICP, Eco- Sustainability Officer- 1450 N. E. 2nd Ave. - Suite 525 • Miami, FL 33132 305 - 995 -7285. 305 - 995 -4760 (FAX) • arfo @dadeschools.net Cancurrency Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH2812051000175 Local Government Aventura (LG): Date Application Received: 5/10/2012 3:14:52 PM LG Application 01 REZ 12 Number: Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Aventura on the Bay Address /Location: 3250 NE 188 Street, Aventura, Florida Master Folio Number: 2822030530010 Additional Folio Number(s): 2822030530020, PROPOSED # OF UNITS 225 SINGLE - FAMILY DETACHED 0 UNITS: SINGLE- FAMILY ATTACHED 0 UNITS: — MULTIFAMILY UNITS: 225 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Type Id Capacity Required Taken Met 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA K -8 CENTER 231 AVENTURA WATERWAYS 0 16 0 NO Current CSA Five K -8 CENTER Year Plan 6241 HIGHLAND OAKS MIDDLE -101 8 0 NO Current CSA 6241 HIGHLAND OAKS MIDDLE 0 8 0 NO Current CSA Five Year Plan 7141 DR MICHAEL M KROP -409 10 0 NO Current CSA SENIOR HIGH 7141 DR MICHAEL M KROP 0 10 0 NO Current CSA Five SENIOR HIGH Year Plan ADJACENT SERVICE AREA SCHOOLS 2581 MADIE IVES COMMUNITY 153 16 16 YES Adjacent CSA ELEMENTARY 6301 JOHN F KENNEDY MIDDLE 111 8 8 YES Adjacent CSA 7381 MIAMI NORLAND SENIOR 808 10 10 YES Adjacent CSA HIGH *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305 - 995 -7634 / 305 - 995 -4760 fax / concurrency @dadeschools.net ' APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name NC7 ftV1C✓&rU, L_LC_ _ UOICY) Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Ivies � `�da�� � ��,rf:+�� i ���i�L L�,►rx1�✓ (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(8)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS DAY OF t"t__ _ AUTHORIZED REP SENTATIVE APPLICANT: L .00 B (Signature) Name., *r A (P int) Title: �' Q^V'!`t Address: ! P sy I -n r, 1l t-4 Atk. SWrt I sb iyyt' a~ r 'g, ii. . 3315- o STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Address: 1015 ,► C'r IhC Q`0 Before me the undersigned authority personally appeared V -1101a Applicant and/or the owner of the properly subject to the application, who being first executed this Affidavit for the purposes stated therein and that it is true and corn ` i t �AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME thisL day of "KL Z 204Z,11 No ubli S ��NY P�<<i• Prink d e o _,il e� 7Notary LAH PHELA .° • ic • State of Florida Mycommission xpires Dec 30, 2012 � a5"� ion � DD 848323 I LL-c rYV_'tr'6z< t'v' at�lu�of the did s ear or affirm that he/she Representatives Name o, ' V C� C'Y lL}� �'Yl► A inn ►n ; Lx h VI Relationship GouL C6�, �sG1 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: I l i . Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ j iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS APPLICANT: DAY OF , 200_. By: (Signature) DAY OF C_ 2002— The to u mess Relationship, " 'Client, " "Customer, " 'Applicant, " "Representative' and 'Interested Person" are defined in Section 2- l the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with *x* applicable portions only) [y� Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. (] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] I. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (] v, The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF . 200L APPLICANT: el IS % DAY OF Ll0 --t 2042- Title: 'The teAS ' -u mess Relationship, " "Client, " "Customer,' 'Applicant, " 'Representative" and 'Interested Person" are defined in Section 2 3 fthe Aventura City Code. ` BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x' applicable portions only) (y�l. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [) 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows; (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: [ J I. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; Oii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of .the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the .Applicant or Representative; [ J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and 'transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS JQ DAY OF i s 2(4 _�- L.� IL_ DAY OF. t/) C� i , 209? s 'The t4� 'Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in Section 2- 393,d the Aventura City Code. WITNESS MY TH DAY OF - _, 200; R E V :Listed on Business Relationship Affidavit) By-,/ i (Signature) By: (Signature Na \)jn VK1D%6 Print) Name: ., (Print) Tifle// r�(Gr1Cit�t'/ (Print) By :_____ (Signature) Name: (Print) Title :.. By: " Clvmklr�v`(�gnatur Names (Print) Title: .c) t) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Pent) Title: (Print) By: (Signature) Title: (Print) Title: _ (Print) Title:_ (Print) By: (Signature Name: (Print) Title:__ __ (Print) By: (Signature Name: (Print) Title:____-__.- -- -_ (Print) By: (Signature Title: (Print) Title:__.___ (Pent) By :__ (Signature Title:_.. —,_ (Print) Title:___ (Print) By: (Signature Title:_ (Print) Title:`__- (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DARE) Before me, the undersigned authority, personally appeared .� '�.rLl._� L the Affiani, w n rst bye duly sworn, did swear or affirm That he/she executed this Affidavit for the purposes stated therein and that it is true and correct. S N 0 D SUBSCRIBED before me this _tom_ day of _„ 20�Z ``<PRY P B'' DELILAH PHELAN - + °r Notary `bl a loci w t Large + Notary Public - State of Florida ;w, .; My Comm . Expires Dec 30, 2012 Printed Na N tary Ar M commission ex it �''•,',F,'o� Commission # DD 848323 Y P STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _.(►ir? the Affianl wtw ing Llby e dul y swan, did swear or affirm that heJshe executed this Affidavit for the purposes stated therein and that it is true and rohect. AFFIANT.���v� SWO T AND SUBSCRIBED before me this -'. L? day of - _1J1!11 _, 20Q�' •`,RY P'' ��� ' DELILAH PHELAN d i to f F �t Large • , Notary Public -State of Florida P nted (fame of No My Comm. Expires Dec 30, 2012 My commission ex res :_., ,_,,,,� _ Com ' pl _ mhssroD._DD 84g3Z9-•- —__ -- - _ -- - — _ - -- - - --------- - STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) (� • �',f Before me, the undersigned authority, personally appeared �( tL'v?a -t-10" oh ffiant who bein W!t by me ly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. t , �AEftA SWORN TO AND SUBSCRIBED before me this . day of._.VA0_ 247 - DELILAH PHELAN Notary h late f lori At Notary Public - State of Florida `L- - • r • Pn ed 14 o Notary � A; My Comm. Expires Dec 30, 2012 �'''FOF Commission # DO AdA t9n My commis.' expires: j�- � STATE OF F COUNTY OF Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this __ day of ,- __ � _ _, 200; the AffianL who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_, ir~] BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Avehtura Land Development Code. The undersigned Aflianl hereby discloses that: (mark with 'x' app�licab`e portions only) Affiant does not have a Business Relationship ivilh any member of the City Commission or any City Advisory Board to which th. application will be presented. [ ] 2, Affiant hereby discloses that it does have a Business Relationship vdth a member of the City Commission or a City Advisory Board to which the application wilt be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves), The nature of the Business Relationship is as follows: f i L Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative; [) ii. Member of City Commission or Board fs a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative In any business venlute; (j iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member ]s a Client of the Applicarfl or Representative; [ ] V. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacls more than $10,000.00 of the business of the member of the City Commission or Board (or his a her employer) in a given calendar year; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year, WITNESS MY HAND THIS _1`� DAY OF _ �!L.4 T_� 12 W. U DAY OF. h/) C - A , 20g2. 'The terAs "Bu� tress Relationship, ' Client, ' Customer, " Applicant, ° Represenlalive' and 'Interested Pelson' are defined in Section 2 3 lz1he Aventura City Code. WITNESS MY HAND THIS 14 . DAY OF /mil er ' 7-0 ( Z , 200_, REPRESENTATIVE: listed G ess Relationship Affidavit) By _... nature) - By: (Signature Name: i� r-C/P-3 1', Name..____.___. _(Print) Title:v' -,j F—M( eog,., ytL (Print) Title:_...._ (Print) By:.__ _, (Signature) Name:.... _ (Print) Title:... (Print) By:.___- _ (Signature) Name:— (Print) Title By: (Signature) Title:_.. _.....___ _(Print) Title: _... (Print) By= _...._. _.__(Signature) Title:_____ Title: (Print) By: (Signature) Title: __. ____._(Print) Title: (Print) BY Name: Title. _.... __._ (Print) By: (Signature Name (Print) Title:v_____, _ _(Print) BY ._ _ _ _.._ (Signature Title:- _, - - -- (Print) Title:_ (Print) By:..__. _ (Signature Title, _......._ _ __..._. (Print) Title:___.. ._ __(Prino By:. _ (Signature Title Title. NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this .Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. //���� NOTARIZATION PROVISION STATE OF..Fk QA ) COUNTY OF hFDE) A`1` tl Before me, the undersigned authority, personally appeared _("/� .? %_�+� 'zhe "Atfiant, who being first b ul worn, did swear or affirm that helshe executed this Affidavit for the purposes slated therein and that it is true and correct. "5 <A SW N 70 1Me ih __ day of No. Ol W04862395 YOiK Qualified in Queens County No try Public Stake of Florida C`Utniasion Expires July 14, 20 Printed Name of Nota ry My commission expires:_,,_.__,__ _. STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority , personally appeared .,, _ _ ____ executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of--_ _,__.. _ _ _, 200_ STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ._ _ ....... _ executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of _,,_ . __, ,__ __ 200_. STATE OF FLORIDA ) COUNTY OF M(AMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this ,,, __, day of .,. ______ _ ,_, 200_.. the Affiant, who being first by me duty sworn, did swear or affirm that he /she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that helshe AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_,,,,__ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl hereby discloses that: (mark with "x" applicable portions only) (ti Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows: [) i Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] il. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative, (] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS A i- DAY OF Jlq'Q -�t 20tA APPLICANT: By: ( Signature) me: M.ti/ (Print) Title: d (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: (Prim) Title (Print) 'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, ' "Representative" and "Interested Person" are defined in Section 2 -395 of the Avenlura Cily Code. BUSINESS RELATIONSHIP AFFIDAVIT* 4i qlF. This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affant hereby discloses that: (mark with "x" applicable portions only) Pl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: I l i . Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; (] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS 16 DAY OF �at 2(k APPLICANT: By: _(Signature) Name: n/ IV=,S i TT (Print) Title: �1 KWt� y (Print) WITNESS MY HAND THIS DAY OF , 200_. PROPERTY OWNER By: (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl hereby discloses that: (mark with "x' applicable portions only) V/1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ 12, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] il. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS /O DAY OF 1 200- APPLIC HP. B `(Signature) Name: ,LVwA (Pant) Title .f^rr#yUk I (Print) WITNESS MY HAND THIS DAY OF 200_. PROPERTY OWNER: By:_ (Signature) Name: (Print) Title: (Print) 'The terms 'Business Relationship, " "Client," "Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in Section 2 -395 of the Aventura City Code. NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. WITNESS MY HAND THIS je DAY OF P* 201 RE PRE SENTATI . (Liste on Business Relationship Affidavit) (Signature) 9;V� By:—. (Signature //yy!! Name :i /jt6�1 /y 1��+i,/ (Print) Name: _ (Print) Title:/:§� (Print) Title:_ (Print) By: (Signature) By:__ (Signature Name9Wy ZWA+-vTr4- (Print) Name: (Pant) Title: .477-J!Le � i_(Print) Title: (Print) By ignature) By: (Signature pp Name: 64 5*1 rpL� (Print) Name:_ (Print) Title: �i✓.(Print) Title: By: (Signature) By: _ (Signature Title: (Print) Title: (Print) Title: (Print) Title:, (Print) By:— (Signature) By: Title: (Print) Title: (Pnnt) Title: (Print) Title :, (Print) By: (Signature) By:_, (Signature Title: (Print) Title:_ (Print) Title: (Print) Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared H the Affiant, who be rst b me duly sworn, did swear or affirm that he/she executed This Affidavit for the purposes staled therein and that it is true and co A FIANT e+c'^ GLADYS OTERO � SWORN TO AND SUBSCRIBED before me this A- day o � _ _. 20 - � n _ +. ; *: R4Y COMMIS!:"?ON # EE078119 EXPIRES march Notary Public State Florida At Large 40.7j 39e 0153 Floridafdaaryservic Printed Name of Notary My commission expires:_-. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) TAW Before me, the undersigned authority, personally appeared �_ `-'the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that It is true and Corr t FFIAN _ I[- H(,4% GLADYS OTERO SWORN TO AND SUBSCRIBED before me this __ day of -,___, 2C��- �aA' �: CJ 'c My COMMISSION # EE078119 N ary Public to of Florida At Large 4"„ EXPIRES March 27, 2015 407) 3p8 -0153 FbrfdallotaryService.com Printed Name of Notary My commission expires:_ -__ „� STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) OQ Before me, the undersigned authority, personally appeared _/aK ±,� /�� the Ai being first me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. .......... ,' ;;.►�'� GLADYS OTERO L SWORN TO AND SUBSCRIBED before me this ,_ day of.! Lt.__, 20J.i. +• *” MY COMMISSION # EE078119 EXPIRES March 27, 2015 N ry Public State f Florida At Large (407)398-0153 FlorldallotaryService.com Printed Name of Notary My commission expires:., -------- — ---- - ------- ----------- - - - - ---- ------- - ----- - ------------- ------------ - ------ - -- - --------- ---- - ---------------------------- ---------------- -------------------------------- ------------------- STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared — the Affiant who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _ __ day of - 200_ AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ BUSINESS RELATIONSHIP AFFIDAVIT* 'a'a.,•Nf..� This Affidavit is made pursuant to Section 31.71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affianl hereby discloses that: (mark with "x* applicable portions only) jf Affianl does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ] 2. Affianl hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ j i. Member of City Commission or Board holds an ownership interest in excess of 11% of total assets or capital stock of Applicant or Representalive; (] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; (J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (J iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (IV The Applicant or Represenlalive is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; (] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS —IL DAY OF IJUT. —.242- APP B `,q� � (Signature) Name: /3-IFF017rotif 114,A X r✓ r -- (Print) Title: ?rte G ✓fir rfZ _ _(Prrnl) G4Lvt✓r WITNESS MY HAND THIS DAY OF 200_, PROPERTY OWNER: By:_ (Signature) Name: _(Print) The terms 'Business Relationship,' `Ghent " 'Customer, 'Applicant," "Representative" and "Interested Person' are defined in Section 2 -395 of the Aventura Cily Code. WITNESS MY HAND THIS _!g DAY OF "4 2042- REPRE ENTATIVE: (Listed on Business Relationship Affidavit) By. _ (Signature) By: (Signature Name:... e-rr,c n x-LL (Pdni) Name: (Print) Title:IX -4 Fr1e- En C1-rCA (Pnht) Title: (Print) CALVW, 6iaROANO f-A.SJdc1A1% -1; t ✓c. Title: (Print) By:_ (Signature) By:___ (Signature Name: (Print) Name: (Print) Tide:_ __ f if7f) Title:_ (Print) By: (Signature) Name: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature) Title: (Prinl) Title: (Print) By: (S)gnature) Title: (Print) Title: (Print) By: (Signature Name: (Print) Tiller_ ,— (Print) By: __ . (Signature Title: (Print) Title:_ _ (Print) By:_. (Signature Title: (Pant) Title: _(Print) By:__ (Signature Title:.__ (Print) Title:_ .._(Pnnl) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI - DADS} 1 Before me, the undersigned authority, personally appearedfffFFf*R`1 MAYWAFFIAN sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and (hat it Is Uue and correct. 'e ore me I is day of— . A y 2012. •`� r ELIZABETH LINARES Notary Public - State of Florida EL My Comm. Expires Sep 14, 2013 N. oSeY��P1ulnlicj� `!la�t�eyo��Fl�o�1 �a AL La g a f� Commission # DD 925145 Printed Name of Notary �����r� My commission expires: _ . �.. _, STATE OF FLORIDA —} COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared ___. _ executed this Affidavit for the purposes stated therein and (hat it Is true and correct. SWORN TO AND SUBSCRIBED before me this ___ day of 200_. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ _`___ executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me [his day of _ STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this _.,--_ day of 200. the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_.._,_ the Affiani, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public Slate of Florida At large Printed Nanre of Notary _ My commission expires:_.._ _ the Afferil, who being first by me duty swan, did swear or affirm that he /she 200_ AFFIANT Notary Public Stale of Florida Al Large Printed Name of Notary My commission expires;_ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71(b)(2)(6) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x' applicable portions only) �j 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ J i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (j iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than KfO00.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS _ —DAY OF _ , 200_. APPLICANT: By: (Sign Name: (Pant) Title: __ _(Print) WITNESS MY HAND THIS DAY OF _200— PROPERTY OWNER: By: __ (Stgna Name: (Print) Title: (Pont) 'The terms "Business Relationship, " Client, " "Customer, " Applicant, " "Represenlative" and 'interested Person" are defined in Section 2 -395 of the Aventura City Code. WITNESS AND THIS 1 � DAY OF MA RESE�JT IVE• mess Relationship Affidavit) _ /-, (Signature) By:-- (Signature Name:t)`k^j Zr%- s(Print) Name: _ (Print) Title: _._VtCr-- . I IN_'--1V—(Print) Tale:_ _ (Print) By:_ _.._ (Signature) Name:__,_ (Print) Title:_, (Print) By:__ _ (Signature) Name: Name:. _(Print) Title: -(Print) By: (Signature) (Print) Tide: (Print) By:___. (Signature) Title: (Print) Title: (Print) By: (Signature) (Print) Title: (Print) By:__ (Signature Name:.__ (Print) Title:_,_ (Print) By: (Signature Name: (Print) (Print) By: _ (Signature _ Title: (Print) Title:__ i..___ (Print) By: (Signature (Print) Title:--------- -- (Print) By:__ (Signature Title:__ _______ _ (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies _(Print) 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA } COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared Dwirt C�_'_�71J Affia t, who being first by me duly swan, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ro AFFIANT SWORN TO AND SUBSCRIBED before me hi Notary Public State of Florida Susan P Kay ry Public Slate of Florida At Large My Commission EE 160095 y, —.� Z-- +a� Expires oaro61201 s Printed Name of Notary My commission expires:_ L�OD yJ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared _ executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this - ,_ day of ` ____ 200_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this day of -_ STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared -_ __ executed this Affidavit for the purposes stated therein and that it is true and correct. __ the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:__ __ -__ _ the Affiant, who being first by me duly sworn, did swear or affirm that he /she 200_. SWORN TO AND SUBSCRIBED before me this _ __-day of - -.200-. AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_. the Affiant. who being first by me duly sworn, did swear or affirm that he/she AFFIANT Notary Public State of Florida At Large Printed Name of Notary My commission expires:_ 9 BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31.71(1))(2)(ii) of the City of Avenlura Land Development Code. Tho undersigned Affiant horeby discloses Thal: (mark with "x' applicable portions only) je Affiant does not have a C3usifiess Relationship with any member of the Cily Commission or any City Advisory Boaui to which the application wilt be presented. ( 12. Affiant hereby discloses lhat it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the applicatiun wiA be presenled, as follows: (List name of Commissioner or Advisory Board Momber) who serves on the - ______ -._ (List City Commission or City Advisory Board upon which member serves), The nature of Iho,, Business Relationship is as follows; [ J i. Membor of City Commission or Board holds an ownership interest in oxcess of 1% of total assels or capital stock of Applicant or RepresentelivP; (j ii. Member of Cily Commission or Board is ,a parhler, co- sharehcldor (as to shares of a corporation which ar'e n(t listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venhire; } iii. The Applicant or Representative is a Client of a member of lie City Commission or Hoard or a Client of ano[her professional working from the same office or for lho same employer as the membor of lho City Commission or Boa rd; j iv. A City Commissioner or Board member is a Client of the Applicant or Represen[alive: v, The Applicant or Represenlaive is a Customer of lho member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the Cily Commission or Boarrf (or his or her employer) in a given calendar year; (j vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and Iransacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNrSS MY BAND THIS _._ DAY OF _ V._�.____.__, 20 2. PROPERTY OWNER: Till __. - - -- ._._.._....__... 200... • 'Iho /elms Wi niness Relmionship, " "Cliew, " Cuslomei " 'AplAcaol, " Representaliw" mid "Iriferesled Person" tyre v'elilred in 5ertinn 7.- .395 el l/re Aventr.urr Cify Code. =i BUSINESS RELATIONSHIP AFFIDAVIT'* This Affidavit is made pursuant to Section 31.71(b)(2)(4) of the City of Aventum (_and Development Code. fih8 undersigned Affiant lhproby discloses 1hal: (mark will) "x" applicable portions only) 11�1. Affiant does nit. have a Business Relationship with any member of the City Commission or any City Advisory Board la which the applir,atiun will be presented. 112. Afliant hereby discloses that it does have a Business Rclnlionship with a member of [lie City Commission or a City Advisory Mud to which the application will be prosentocd, as follows: --- __. ..... ,- ........___.__ „ -..— (List name of Commissioner or Advisory Beard Momber) who serves on the _._...__ ----- _.....____.— (List City Commission or Cily Advisory Board upon which member serves). The naluu, of the Business Relationship is as follows: (( i. Member of Gly Commission or Board holds an Ownership interest in excess of 1 % of total assets or capital stock of Applicant or Represenialive; { ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corfmalim which arc; not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venlure; (] iii. The Applicant or Representalive is a Client of a member of the Cily C:omnhission or Board or a Client of another professional working froin tine same offico of for tho same etnlAoycr as the member Of the C[ly Commissierh or Board; { ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; { J v. The Applicant or Representalive is a Customer of the member of the City Commission or Hoard (or of his or her emf>loyer) and transacts more than $10,00;1.00 of the business of the member of the C'.ily Commission or Board (or his or her ereployer) in a given calendar year; (] vi. The member of [lie City Commission or Board is a Customer of the Applicant or Representative and fransacts more than $25,000.00 of the husiness of the Applicant or Representative in a given calendar year. r WITNESS dv1Y HAND THIS _.�` _ DAY Dh. ;� �. f_ ;i.:�_it,___._....., _ l: APPLICANT: By :.._a WITNESS MY HAND THIS PROPERTY OWNER: DAY OF _..._ -- ._.._.._.._.. _._......._..._._, 200_. fly:_ _., ------ _. ...... _.__._._.. Name:_........_..... -- __...__.------- -.._...._........_..._..__ -- (Prior) 'Ihe trans "!Easiness Rakiliorrshiy, ” "(,'lietrt," Vuvomer ;" 'Appliram," "Representative" and Vnleiesled Pc: -rson" afe delnhed ir1 Section Z -395 of the /iv milla City Uncle. WITNESS MY HAND THIS _. -DAY OF _ REPRESENTATIVE: (Gis(ed on Business Relationship Affidavit) B ......Lf ;': li`.� -: :S r lialutc B Signature Marne:' I C al �R —� •._'��N(Prin1J Name, ._.-._..__..._ ..____..._._._..._.____....(Print) Title:..A 170 y NL (Print) ll , S4,1, �•�o�QV'�'°' (Print) BY;. .... _ ....... .._._.._..._.___— ----- ._. (Signature) Title:.__..__._.._... Pint) - ---------- ...(Print) Title:.._._ BY .........- _ -..... (Sigrraturr Titl e:_....___..__ ...__.....--- .__.___...__. -__._ (PrinQ By;. _(Signature — .__._.._.--- — ----- _. (Punt) Title :................._._....._ _....._._._........_....(Print) BY..__..__.._ ..___........- _-- ...... .... .._._ _.., (Sigrr,ature) Title:........_ —._. _.__..._..._._.__.__- ....._.._._....(Print) Title;. - -- ___..._._. BY;. .... _ ....... .._._.._..._.___— ----- ._. (Signature) Title:.__..__._.._... Pint) - ---------- ...(Print) Title:.._._ BY .........- _ -..... (Sigrraturr Titl e:_....___..__ ...__.....--- .__.___...__. -__._ (PrinQ By;. _(Signature Title :................._._....._ _....._._._........_....(Print) By:—_____ (Sign rttfre Title: _.__.._..._--- ._- __.._......_..._......... __ Prirrl) Title;_ ....... ... ... ___... —. By:_. ... - ...... ....__..--- - - -_._ Title:._.._ ............._.. ...._____..__...__ ... ....... . -- (Prinz) Title:.._... .... _ .... ...... ___ .___...._.__._......._.,(Prior) NOTE: 1) Use duplicate sheets if disclosure inforinat'ion for Representative varies 2) Applicants and Afflants are advised to limely supplement this /affidavit pursuant to 13ec..31- 71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete, NOTARIZATION P_RQVISION STATL Of: FLORIDA COUNTY OF MIAMI•DADE) Before me, the undersigned authority, personally appeared 91 CA410 P4Ke Alfiant, who tieing first by me, duly sworn, did swear of affirm that he/she - ..... - ------- executed this Aflidavil for file purposes stated Iliciiiin and that it is true and correct. 6� Z�A AFFIANT ON ;12 9 1 SWORN TO AND SUBSCRIBE) Wore nic this/ I day of 2d E 'Y U Y /I I SiV" 't S1 My Commission expircs: ............. .......... -------------------- -- - ...... 8 I'A flz OF FLORIDA COUNTY OF MIAMI•DADC-) Before me. the undersigned authority, personalty appealed executed ]Ji;s Affidavit lof the pulposor, stated therein and Iliat it is true and corfecl. "WORN TO AND SU11SCRIBI'l) S 1. before fnQ ffils .. .................... STAT17- OF FLORIDA COON rY OF 101AMW)ADF) day by me duly sworn, did swear or affirm that he(she �T 9 1 -k)i dn Al).a r (1, Printed Name Cf Not3fY toy commission Lxpifes: W i,jtl I I 1111/11/ DUN #EE68805 4�5 i q9 VIP 1 s1 A Before me, the undersigned authority, personally appeared ., . .. ...... the Alliaol, who being first by ere duly swan, did swear of affirm that lie./she mr.filed this Affidavit for the purposes stated thercia and that it Is Due. and correct. SWORN TO AND 1,00SCRIBED before fine this day of,.. 200- Notary Pulik; Slate of Florida At Large Printed InL of Nolaty My i;ojmni%sionoxpires:---- - ................................. ..... . STATE OF FLORIDA COUNTY U-- MIAMI-OADE.) iWorc ma, the undersigned authority, personally appented _ . ..... Oro Afliont, who being last by me duly sworn, dM swear or affirm chat beffshe executed this AffidmAl for the purposes stated lhereinand that it is true and correct. SWORN TO AND SUBSCRIBED before mo this -, _- day of ,200 Ar6iNi lJot,my Public >lafc of Florida At Larqo Pim[Ld Name Of Notary My r onxnis ;ion expires: - ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO RMF313, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, PMG Aventura LLC, through Application No. 01 -REZ- 12, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for a parcel of land (the "Property ") at 3250 NE 188 Street, as legally described in Exhibit "A" attached hereto, from OP, Office Park District to RMF3B, Multifamily Medium Density Residential District; and WHEREAS the applicant has proffered to prepare and record on title to the land described in Exhibit "A" to this Ordinance, a declaration of restrictive covenants to restrict density on the parcel of land subject of this rezoning request to no more than 225 residential dwelling units on this 7.082 acre parcel and including any contiguous submerged land that may subsequently be acquired by the applicant or landowner, and the City Commission has accepted such proffer; and WHEREAS, the City Commission concurrently with this rezoning application has considered a small scale Comprehensive Plan amendment to change the land use designation of the Property from Business and Office to Medium High Density Residential (01- CPA -12); and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local planning agency has determined that the rezoning is consistent with the applicable provisions of the City Comprehensive Plan as proposed to be amended; 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 for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to be amended, and with the health, safety and welfare of the City. Ordinance No. 2012 - Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this ordinance. Section 2. Official Zoning Map Amended. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for the parcel of land located at 3250 NE 188 Street with legal description described in Exhibit "A" and folio numbers 28 2203 053 0010 and 28 2203 053 0020, from OP, Office Park District, to RMF313, Multifamily Medium Density Residential District. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Effective Date. This Ordinance shall be effective immediately upon the effective date of the small scale amendment to the Comprehensive Plan (01- CPA -12) Ordinance No. 2012 - Page 3 and upon recordation of the proffered declaration of restrictive covenants, in form satisfactory to the City Manager and City Attorney, restricting density to no more than 225 residential dwelling units on this parcel, including any additional contiguous submerged land that may subsequently be acquired by the applicant or landowner. The applicant has proffered to record the declaration of restrictive covenants prior to January 31, 2013 or prior to issuance of the site development building permit, whichever date is earlier. 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 Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb Ordinance No. 2012 - Page 4 PASSED on first reading this 5th day of June, 2012. PASSED AND ADOPTED on second reading this 10th day of July, 2012. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of July, 2012. CITY CLERK Ordinance No. 2012 - Page 5 Exhibit "A" Legal Description of Property Lots A and B, of Magnum Marine Plat, according to the Plat thereof, as recorded in Plat Book 147, Page 12, of the Public Records of Miami -Dade County, Florida. Also known as: A portion of that certain property deed to Gautier to Maule Industries Inc. and described in Deed Book 630 at Page 67 of the Public Records of Dade County, Florida, said portion being particularly described as follows: A portion of the Southeast Y4 of the Fractional Section 3, Township 52 South, Range 42 East, Dade County, Florida being particularly described as follows: Commence a the Southwest corner of the Southeast Y4 of the Northeast Y4 of the Southwest % of said Fractional Section 3, Township 52 South, Range 42 East; thence run South 89 degrees 56 minutes 45 seconds East along the south line of the southeast '/ of the Northeast Y4 of the southwest '/ of Fractional Section 3 for a distance of 450 feet; then run North 00 degrees 39 minutes 25 seconds West for a distance of 185.83 feet; thence run North 89 degrees 20minutes 35 seconds East for a distance of 1,217.70 feet to the point of beginning of the property herein described; thence continuing North 89 degrees 20 minutes 3 seconds East for 588.95 feet; then run North 00 degrees 39 minutes 25 seconds West for 35 feet; thence North 89 degrees 20 minutes 35 seconds East for 400 feet; thence run South 00 degrees 31 minutes 59 seconds East for 318.42 feet to the mean high water line of Dumfounding Bay and adjacent canal; thence along the said mean high water line for the next ten courses, run South 83 degrees 53 minutes 28 seconds West for 87.62 feet; thence run North 83 degrees 58 minutes 15 seconds West for 113.67 feet; thence run South 79 degrees 49 minutes 50 seconds West for 74.60 feet; thence run South 86 degrees 39 minutes 18 seconds West for 115.35 feet; thence run North 89 degrees 06 minutes 17 seconds West for 121.75 feet; thence run North 81 degrees 26 minutes 33 seconds West for 74.61 feet; thence run South 84 degrees 00 minutes 20 seconds West for 100.78 feet; thence run North 87 degrees 42 minutes 10 seconds West for 111.98 feet; thence run South 86 degrees 48 minutes 26 seconds West for 91.38 feet; thence run North 82 degrees 21 minutes 58 seconds Wes for 101.59 feet to the point of termination of the mean high water line; thence run North 0 degrees 39 minutes 25 seconds West for a distance of 274 feet to the point of beginning. Together with that certain property located in Miami -Dade County more particularly described as follows: Ordinance No. 2012 - Page 6 EXHIBIT "A" (continued) Commence at the Northwest corner of the North Y2 of the North Y2 of the South %2 of the SE % of Fractional Section 3, Township 52 South, Range 42 East, of Dade County, Florida; thence run 00 degrees 31 minutes 59 seconds East along the west line of the SE '/ of Fractional Section 3 for 155.33 feet to a point that is 175 feet North of the Southwest corner of said North '/, North '/ , South '/, SE Y4 for 1989 feet to the Southeast corner of the 7.65 acre parcel described in trustees of the Internal Improvement Fund Deed No. 21380; thence run North 00 degrees 31 minutes 59 seconds West along the east line of said 7.65 acre parcel for 8.7 feet, more or less, to the north bank of the existing canal, being the southeast corner of the 16.0 acre parcel described in ORB 630 at Page 67 of the Public Records of Dade County, Florida and being the point of beginning of the hereinafter described parcel From said point of beginning, thence run South 00 degrees 31 minutes 59 seconds East along last described line, for 78.7 feet more or less to the southeast corner of said 7.65 acre parcel; thence run North 89 degrees 58 minutes 51 seconds West along the south line of said 7.65 acre parcel for 300 feet to the point of intersection with the northerly extension of the east line of the 11.93 acre parcel as described in trustees of the Internal Improvement Fund Deed No. 21379; thence run North 00 degrees 31 minutes 59 seconds West along last described northerly extension for 77.3 feet more or less to the north bank of the existing canal, as described in the 16.0 acre parcel description; thence run Easterly meandering the north bank of the existing canal, as described in the 16.0 parcel for 300 feet more or less to the point of beginning THE MIAMI HERALD I Miamiderald.com LOCAL & STATE Weather Miamillerald.com /weather NVLO HVW W ' NyGNxxBB - L"=" 89 SIGN Low BB BareWn, Wle p` eUAn x � OW 11 �,ryfr' ) OW x.. 0 ,• r5n9 n M1[butls, Ho M1rum O. :oom norm., 1-1 NEWS m4r�lrs I eSnS x wmussE lit. winds ElO. 10. words SW 10. wrtls i I. a BV a pi ems) M " "'}x • 'u0ee •� For currem Weather w puik aiaam�ainn wn xwyw /// /�. //s rs a daY Includ,n9 McA on. xoxr.au ww N .d. uhrio.... radar mat updMes ry IS minutes. 90 to ron e,u,xOS xsx • TIDII MNw cnv MWmWemk[Pm and lick onw Af,er. trek' o< s National Weather Service: 305 -229 -4550 ron e� c/ NJXamnn eWU aro`A A %6i t usv K03i er runmorco �Q \l9� xv <° wa'xmcrow o<. 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Abom lbAOw,wE MrmmcA N. x Nee s source: HOior temer,wgOerw LAAAme Cen ABOrt /below rmm,AOVeaz S 119 3944 •4I .9 -06 1504 CITY OF AVENTURA 10 i b NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN AND NOTICE OF AMENDMENT TO OFFICIAL ZONING MAP (Revised Notice – Supersedes Earlier Publication) Public Notice is hereby given that the City of Aventura Local Planning Agency will meet in a public hearing on Tuesday, June 5, 2012 at 6:00 p.m. to make a recommendation regarding the adoption of the following Ordinances: AN ORDINANCE OF THE CRY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250 NE 166 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT W, FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE (see map below for property location) AND AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND LOCATED AT 3250 NE 198 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", FROM OP, OFFICE PARK DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN EFFECTIVE DAT' +fE. Tw q TR 4 �J Immediately fallowing the Local Planning Agency meeting, the City Commission of the City of Aventum, as the governing body, will consider, at a public hearing, first reading of the Ordinances and will again consider the above described Ordinances for adoption after second reading on Tuesday, July 10, 2012 at 6:00 p.m. The Public Hearings will be held in the City Commission Chamber at City of Aventura Government Center, 19200 West Country Club Drive, Avenlura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinances. 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. U a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk 1(C- LJ I � /sl t?_ 4 L; e FRIDAY, MAY 25, 2012 1 713 1 1 wn BMOa'x.ua am Ne 9Ni HooO else e0/0/0810 H h0� Rw eta/n!o xry Wem gene N 9e/mJi o °�Ia,A`u 9zm Lynnes eM P 9�e - arw `# zen Beam V/nl6 a1M x� PP MAY IS HEALTHY HAIR MONTHf It's the FINAL WEEK of Healthy Hair Monthl Don't miss your chance to stock up on your favorite haircore brands at 20% OFF, special events, giveaways and gifts with purchase. 20% OFF PREMIUM HAIRCARE Abba • Alfoporf . Alterno • American Crew . DS Labs . Enjoy . HAI . It's a 10 • Je Veux • J.F. LazarHflue Klorone . KMS • L'anza • L'Oreal Settle Expert . Liquid Keratin . Moroccan Oil . Nioxin . Sebastian . Sexy Hair • Solana • Walla Visit GBSbeaut wcom for our May calendar of in -store events F9 ]W THE BEAUTY STORE Aventura . Coral Gables • Pinecrest Fort Lauderdale . Boca Raton • West Boca Raton MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review t /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 6/5/12 AVENTURA GRAND COVE LLC (03- SV -12) in the XXXX Court, was published in said newspaper in the issues of 05/22/2012 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 paidd-OD mised any person, firm or corporation any discou ate, commis ion or refund for the purpose of secur' a this advertis r publication in the said to and subscribed before me this 22 da f MAY 2012 n (SEAL) MARIA MESA personally known to me PL Notary Public State of Florida Veronica Perez '�j� c My Commission DD 819771 "FOF A.d Expires 09 10312012 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, June 5, 2012 6:00 p.m. Applicant Name /Number: Aventura Grand Cove LLC for Jared, the Galleria of Jewelry (03- SV-12) Applicant Request: Variance from Section 31- 191(j)(2)a. of the City Code to permit two wall signs measuring a total of 94.56 square feet, where one wall sign measuring 95.66 square feet is permitted by Code. Location of Subject Property: 19001 Biscayne Boulevard, City of Aventura Legal Description: Part of the Northeast 1/4 of the Northwest Y4 of the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami -Dade County, Florida (complete legal description available at the Community Development Department) Plans are on file and may be examined during regular business hours at the City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held in the City Commission Chamber at City of Aventura Government Center at 19200 West Country Club Drive, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura Government Center, Community Development Department at the address above. For further information, please call (305) 466 -8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 466 -8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, MMC, City Clerk 5/22 12- 3- 189/1889702M