02-05-2013CitvCommission
CitvManap+er
Susan Gottlieb, Mayor
City
Eric M. Soroka, ICMA -CM
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Enbar Cohen
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Teresa M&
Teresa M. Soroka, MMC
Teri Hollzberg
Billy Joel
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CityAggorney
Michael Stern
Weiss Scrota Helfman
Howard Weinberg
Pastoriza Cole & Boniske
]Luz Urbiez Weinberg
FEBRURY5,IQ13 M
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
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:
January 8, 2013 Commission Meeting
January 17, 2013 Commission Workshop Meeting
B. 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.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$130,000 TO BUILD A K -9 AREA WITHIN THE NEW PARKING
GARAGE ($67,000) AND TO EXPAND THE PROPERTY AND
EVIDENCE ROOM WITHIN THE POLICE DEPARTMENT
($63,000) FROM THE POLICE FEDERAL FORFEITURE FUNDS
IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
February 5, 2013
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA ADOPTING THE CITY OF
AVENTURA 2013 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY
SERVICES ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
F. 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 CITY OF HALLANDALE BEACH 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.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING ADOPTION OF
UNIFORM FEDERAL LEGISLATION TO ACCOMPLISH A
REDUCTION IN GUN VIOLENCE; PROVIDING FOR
DISTRIBUTION OF RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF ONE OF ITS
APPOINTEES TO THE BOARD OF TRUSTEES OF THE
POLICE OFFICERS' RETIREMENT PLAN TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE FORM OF
LICENSE TO USE PROPERTY BETWEEN THE CITY OF
AVENTURA AND PMG AVENTURA LLC; APPROVING THE
FORM OF LICENSOR ESTOPPEL CERTIFICATE AND
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
COLFIN AVENTURA FUNDING LLC; AUTHORIZING THE
K
February 5, 2013
CITY MANAGER TO EXECUTE THE LICENSE FOR USE OF
REAL PROPERTY AND LICENSOR ESTOPPEL CERTIFICATE
AND AGREEMENT AFTER ACCEPTANCE OF THE TITLE OR
DEED TO THE PROPERTY; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; ALL RELATING TO
A 1.5 ACRE PARCEL OF LAND WITH A MUNICIPAL
ADDRESS OF 3200 NE 188 STREET, CITY OF AVENTURA;
PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be
advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment
upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak
on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will 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.
7. ORDINANCES: FIRST READING— PUBLIC INPUT: None.
8. ORDINANCES — SECOND READING — PUBLIC HEARING:
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
0.51 ACRE PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM RS2,
RESIDENTIAL SINGLE FAMILY DISTRICT TO RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
3
COMMISSION WORKSHOP
COMMISSION MEETING
COMMISSION WORKSHOP
FUTURE MEETINGS
FEBRUARY 21, 2013
MARCH 5, 2013 6PM
MARCH 21, 2013 9AM
February 5, 2013
EXEC. CONFERENCE ROOM
COMMISSION CHAMBER
EXEC. CONFERENCE ROOM
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
MINUTES
CITY COMMISSION MEETING
JANUARY 8, 2013 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 7:27 p.m. immediately following the 6 p.m. LPA meeting. Present were
Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard
Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney Alan Gabriel. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Holzberg, passed unanimously and
the following action was taken:
A. The following minutes were approved:
November 13, 2012 Commission Meeting
November 15, 2012 Commission Special Meeting
B. Resolution No. 2013 -01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE NOVEMBER 6, 2012 MUNICIPAL CANDIDATE
ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND
ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE
C. Resolution No. 2013 -02 was adopted as follows:
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.
D. Resolution No. 2013 -03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT
BETWEEN THE CITY OF AVENTURA AND C.A.P. GOVERNMENT,
INC. FOR BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
6. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be advised that the
following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these
items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be
made available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject
to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. None.
7. ORDINANCES: FIRST READING /PUBLIC HEARING: Mr. Gabriel read the
following Ordinance by title:
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 0.51 ACRE PARCEL OF LAND LOCATED AT
20605 NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
A, FROM RS2, RESIDENTIAL SINGLE FAMILY DISTRICT TO RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting was offered by Vice Mayor
Weinberg and seconded by Commissioner Joel. 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.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Gabriel 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
2
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 Holzberg and seconded by
Commissioner Cohen. 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. 2013 -01 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 7:34 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.
3
MINUTES
CITY COMMISSION
WORKSHOP MEETING
JANUARY 17, 2013 9am
Aventura Government Center
19200 W. Country Club Drive
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 Enbar Cohen, Teri Holzberg, Billy Joel,
Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, 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.
Mr. Soroka requested consensus from the Commission to add the following items for
discussion: Additional School Safety Measures (Mr. Soroka) and possible action
concerning gun control (Mayor Gottlieb). Consensus received.
1. COUNTY LIBRARY BRANCH CONSTRUCTION UPDATE (City Manager): Lisa
Martinez, Senior Advisor to Miami -Dade County Mayor Carlos Gimenez, and
Internal Services Department Director Lester Sola updated the Commission on
the status of the Library rebuilding construction.
CITY MANAGER SUMMARY: No action necessary.
2. SALE OF BISCAYNE BOULEVARD PROPERTY (City Manager): Mr. Soroka
advised that the City had received four proposals for purchase of the property
located on Biscayne Boulevard and NE 213 Street and requested concensus
from the Commission to negotiate a Contract for Sale and Purchase with the
highest bidder.
CITY MANAGER SUMMARY: Consensus to approve.
3. COMMUNITY SERVICES ADVISORY BOARD APPOINTMENTS (City
Manager). Mr. Soroka noted that the term of office of the current Board had
expired and Commissioners nominated residents for appointment by the Mayor
to the Board.
CITY MANAGER SUMMARY: Consensus to nominate the following to this
Advisory Board: Marjorie E. Aloni, Eric Berger, Jonathan P. Evans, Sandra L.
Kaplan, Denise Pojomovsky, Joan G. Robbins, Julie Shapiro. Formal adoption
by resolution at February Commission meeting.
4. NE 188TH ST. PROPERTY LEASE PROPOSAL (City Manager): Mr. Soroka
advised the Commission that the developer of the property located at 3250 NE
188 Street has requested to use the 1.5 acre parcel dedicated to the City during
construction of the project for parking of vehicles and a sales office for a term of
18 months for $125,000, with an option to extend the term by six months at a
cost of $6,000 /month.
CITY MANAGER SUMMARY: Consensus to approve.
5. LEGISLATIVE PROGRAM AND PRIORITIES (City Manager): Mr. Soroka
reviewed the proposed program for 2013.
CITY MANAGER SUMMARY: Consensus to approve and formally adopt by
resolution at the February Commission meeting.
6. MOVIE NIGHTS (Commissioner Stern): As suggested by Commissioners Stern
and Cohen, Mr. Soroka recommended that the City consider providing a movie
night event for Aventura residents at Waterways Park on March 2, 2013, and, if
feasible, to include Food Trucks.
CITY MANAGER SUMMARY: Consensus to approve.
7. COMMISSION EMAIL (Commissioner Cohen): Commissioner Cohen requested
that the current procedures for receipt of Commission email be amended to
provide that Commissioners may receive email directly to their personal cell
phones.
CITY MANAGER SUMMARY: Consensus not to amend current procedures.
8. MIAMI -DADE COUNTY LEAGUE OF CITIES' INSTALLATION DINNER
FEBRUARY 9, 2013 (City Manager): Mr. Soroka requested Commission input
as to the extent of the City's participation in this event.
CITY MANAGER SUMMARY: Commissioners Cohen, Holzberg, Howard
Weinberg and Vice Mayor Luz Weinberg to attend and the City to place an ad in
the League's journal.
9. ADDITIONAL SCHOOL SAFETY MEASURES: (Mr. Soroka) Mr. Soroka
advised the Commission that actions were being taken to provide additional
security at ACES and that to complete this process, additional funds would be
necessary in the amount of approximately $50,000 - $60,000 to come from the
City's reserve funds.
CITY MANAGER SUMMARY: Consensus to approve and formally adopt
through Budget Amendment Ordinance.
10. GUNS CONTROL (Mayor Gottlieb): Mayor Gottlieb discussed the issue of gun
control, the actions of the Mayors Against Illegal Guns Coalition, the Florida
League of Mayors and others and recommended that the Commission adopt a
resolution in favor of the legislation as currently being developed and
recommended by President Obama to Congress.
CITY MANAGER SUMMARY: Consensus to proceed with consideration of
resolution at February meeting.
2
11. ADJOURNMENT: There being no further business to come before the
Commission at this time, the meeting adjourned at 10:30 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, 1
DATE: January 9, 2013
SUBJECT: Resolution Declaring Equipment Surplus
February 5, 2013 Commission Meeting Agenda Item 5%3
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
CITY OF AVENTURA
CHARTER SCHOOL DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, ICMA -C City Manager
FROM: Julie Alm. Principal
DATE: January 9, 2013
SUBJECT: Surplus Property
I would like to have the attached listed items, owned by the City of Aventura, declared
Surplus Property, as per the City of Aventura City Code, as these items have become
inadequate or unusable for public purposes. These items have been replaced at the
School .
RESOLUTION NO. 2013-
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 Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -02
Page 2
PASSED AND ADOPTED this 5th day of February, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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CITY OF AVENTURA
POLIC DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M.
Of
DATE: 8 January 2013
SUBJECT: Surplus Property
1 would like to have the attached fisted 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:
See attached list: 4 display panels (TV's) that have been in Communications as
a video wall used for displaying various display screens to dispatchers and call
takers. These units have since been replaced by new display panels that are
now operational.
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. Labombar
SUBJECT: Request for conversion to surplus property
Date: January 7, 2013
Chief,
Please request for the followring items to be declared surplus property so they may be
sold or otherwise destroyed as appropriate.
(4) Mitsubishi Display Panels Model VS- 60XT20U
Serial Ws,
CITY ID
001774
2731
002065
2730
002025
2740
002017
2732
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, C
DATE: January 14, 2013
SUBJECT: Disbursement of Police Forfeiture Funds
February 5, 2013 City Commission Meeting Agenda Item 5C-
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 $130,000 to build a K -9 area within
the new parking garage ($67,000) and to expand the Property and Evidence
Room within the Police Department ( $63,000) 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
CITY OF "ENTURA
POLICE DEPARTMENT
INTER OFFICE
TO: Eric M. Soroka, City
FROM: 19feven Steinberg, Chief of
DATE: 18 December 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.
Security for police K9's and Property and Evidence room $130,000
Total Expenditure Request: $130,000
Summary
Security for police K9's and Property and Evidence room — This request is
being made to build a secure K9 area within the new secured police parking
garage. The K9 any will house up to 3 K9's as needed while the officer is in
court or on other city business and the K9 is not required. It is also a very
secured area that can house the K9 safely.
The 04 project is an expansion of the Property & Evidence room. The current
area is near capacity and growing every day as more property and evidence is
taken in and stored. The new area will also house the drugs being held in a
secure and environmentally safe area. The new area will contain a standalone
air filter system to take away fumes from specific drugs being held for storage
making it safer and healthier for the employees working in the area.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City nage
DATE: January 17, 2013
SUBJECT: Resolution Approving Legislative Programs and Priorities for 2013
February 5, 2013 City Commission Meeting Agenda Item 5-D
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2013. This item was reviewed at
the January Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1791 -13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2013 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2013 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 5t" of February, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
C� of EXCe
2013
Mayor Susan Gottlieb
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
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2013
Mayor Susan Gottlieb
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2013
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Increase or maintain educational funding levels for Miami -Dade County public
schools.
3. Amend State law allowing a more economical method of advertising for a public
hearing relating to Comprehensive Plan adoption and/ or amendments.
4. Adopt the 2013 Policy Statement of the Florida League of Cities.
5. Enact a law that would prohibit an individual from writing, sending or receiving
text messages while operating a motor vehicle.
6. Enact a law enabling cities to prohibit smoking at city sponsored events or
activities and/ or at city parks and facilities.
7. On a state -wide level, ban the use of handheld phones by persons operating
motor vehicles, but allowing hands free phone devices.
8. Provide a dedicated revenue source to cities that are located within 1 mile of a
facility that houses legalized gambling to offset police and road impact costs to
the community.
9. Preserve municipal authority for red light camera safety programs.
10. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and
720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to
the lesser of twenty four months of past due assessments or two percent of the
original mortgage in the event of a foreclosure.
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2 -121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year:
Marjorie E. Aloni
Eric Berger
Jonathan P. Evans
Sandra L. Kaplan
Denise Pojomovsky
Joan G. Robbins
Julie Shapiro
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 5t" day of February, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM,
DATE: January 22, 2013
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
City of Hallandale Beach
February 5, 2013 City Commission Meeting Agenda Item �7•F
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Hallandale
Beach.
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.
16. Joint multi - jurisdictional marine interdiction operations.
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
CCO1792 -13
RESOLUTION NO. 2013-
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 CITY OF HALLANDALE BEACH 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 City of Hallandale Beach 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 Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 5th day of February, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida, and the City of Hallandale Beach, 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 Hallandale Beach 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 City of Hallandale Beach, 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 City
of Hallandale Beach (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
Hallandale Beach 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, shall apply retroactively from and after January 1,
2013, and shall continue in full force and effect until the expiration of a period of
five (5) years from said date, unless terminated prior thereto by any or all of the
Parties herein. The December 21, 2012 letter from the City of Hallandale, which
indicated acceptance of the City of Aventura's proposal to extend the prior
Mutual Aid Agreement that expired on January 1, 2013, is hereby ratified by the
signing of this Agreement.
SECTION VIII: 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.
Renee Crichton Miller
City Manager
City of Hallandale Beach
Date:
Dwayne Flournoy
Chief of Police
Eric M. Soroka
City Manager
City of Aventura
Date:
Steven Steinberg
Chief of Police
Hallandale Beach, Florida
Date:
ATTEST:
Sheena D. James
City Clerk
Hallandale Beach, Florida
Aventura, Florida
Date:
ATTEST:
Teresa M. Soroka
City Clerk
City of Aventura, Florida
JOINT DECLARATION BETWEEN
THE CITY OF AVENTURA AND THE CITY OF HALLANDALE BEACH 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 City of Hallandale Beach, 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 , 2013.
Dwayne Flournoy
Chief of Police
Hallandale Beach, Florida
Date:
ATTEST:
Sheena D. James
City Clerk
Hallandale Beach, Florida
Steven Steinberg
Chief of Police
Aventura, Florida
Date:
ATTEST:
Teresa M. Soroka
City Clerk
Aventura, Florida
Approved as to form
and legal sufficiency:
City Attorney
City of Hallandale Beach, Florida
Approved as to form
and legal sufficiency:
City Attorney
City of Aventura, Florida
Date: Date:
Agenda Item 5 -G
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING ADOPTION OF UNIFORM
FEDERAL LEGISLATION TO ACCOMPLISH A REDUCTION IN GUN
VIOLENCE; PROVIDING FOR DISTRIBUTION OF RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is deeply concerned that the health, safety and welfare
of all Americans, including residents of this City, is imperiled by the proliferation of tragic incidents
of gun violence; and
WHEREAS, the City Commission finds that the President's announced legislative proposal
to seek the adoption by Congress of uniform federal legislation which would: require a federal
background check for all gun sales; ban military — style assault weapons and high capacity
magazines that hold more than 10 rounds; strengthen penalties for gun trafficking (the " Legislative
Proposal ") constitutes sound core elements for accomplishing a reduction in gun violence, and
merits broad support on a non- partisan basis.
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 above described Legislative Proposal which is designed to reduce gun violence, and
respectfully calls upon Congress to expeditiously debate and enact such protective legislation
which would: require a federal background check for all gun sales; ban military — style assault
weapons and high capacity magazines that hold more than 10 rounds; and strengthen penalties
for gun trafficking.
Section 2: That the City Clerk is hereby requested to provide copies of this Resolution
to the members of Congress elected from the Northern Miami- Dade County area, Speaker
Boehner, Senate President Reid , Senator Nelson, Senator Rubio, President Obama , the Florida
League of Cities, the Miami- Dade County League of Cities, 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 , who moved its
adoption. The motion was seconded by Commissioner and upon being put to a vote,
the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013 -
Page 2
PASSED AND ADOPTED this 5th day of February, 2013.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, Cit ag r
DATE: January 23, 2013
SUBJECT: Recommendation to Appoint Member to the Police Pension Board of
Trustees to Fill Vacancy
February 4, 2013 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Zev Auerbach as a member of the Police Pension Board of Trustees.
BACKGROUND
The Police Pension Plan Ordinance provides for the City Commission to appoint two (2)
legal residents of the City from a list provided by the City Manager to the Police Pension
Board of Trustees.
Recently, one of the appointments (Alan Lipps) selected by the City Commission chose
to move out of the City and resign.
Based on his extensive experience in dealing with pensions, I am recommending Zev
Auerbach as a member of the Police Pension Board of Trustees.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1793 -13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF ONE OF ITS
APPOINTEES TO THE BOARD OF TRUSTEES OF THE
POLICE OFFICERS' RETIREMENT PLAN TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2004 -07 established a Police Officers' Retirement
Plan; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004 -07, and
amended by Ordinance 2010 -07, two members of the Board of Trustees of the Police
Officers' Retirement Plan shall be appointed by the City Commission from a list
provided by the City Manager, each of whom shall serve for a term of four years from
date of appointment; and
WHEREAS, the City Commission wishes to provide for the appointment of one
member to the Police Officers' Retirement Plan due to the resignation of member Alan
Lips.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby appoints Zev Auerbach to fill the
vacancy on the Board of Trustees of the City of Aventura Police Officers' Retirement
Plan due to the resignation of Commission appointee Alan Lips.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 5th day of February, 2013.
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 ager
DATE: January 23, 2013
SUBJECT: Resolution Authorizing Execution of the PMG Sales Trailer and
Construction Staging License Agreement and Estoppel Certificate
February 5, 2013 City Commission Meeting Agenda Item 5-1
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the subject
documents which allows the Echo Condominium project developer to utilize the
adjacent 1.5 acre parcel, that will be dedicated to the City, for a sales office and
construction parking.
BACKGROUND
Attached, is the final form of License to Use Real Property and Licensor Estoppel
Certificate and Agreement for the 1.5 acre parcel to the dedicated to the City by PMG
LLC. The document was reviewed by the City Attorney and Community Development
Director.
The license permits use of the City parcel as a sales center and office space, and for
temporary construction staging in connection with the Echo condominium
development. The key components of the license agreement are:
1. The license term is for a period of eighteen (18) months with an option for monthly
extensions for up to six (6) months.
2. The license fee for the first eighteen (18) months is $125,000 payable in advance
and $6,000 per month for each one month extension.
3. The licensee is required to apply for Administrative Temporary Use Approval
which will include submission of a site plan showing the sales center /office, parking
area and construction staging area. The application will be reviewed by staff using
the criteria in the City Code for approval of temporary uses.
4. The license agreement provides for indemnification of the City and general liability
insurance of $1 million naming the City as an additional insured.
5. Upon termination of the License Agreement, all improvements and /or structures
are to be removed with sixty (60) days of the expiration of the term and the property
is to be restored to the same condition existing prior to the Licensee's use and
occupancy.
The Estoppel Certificate is requested by the Lender to acknowledge that the Lender
is entitled to all rights and privileges of the License Agreement in the event of default
by PMG, as the License Agreement is part of the collateral for the loan.
This matter was discussed at the January Workshop Meeting. If you have any
questions, please feel free to contact me.
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE FORM OF LICENSE TO
USE PROPERTY BETWEEN THE CITY OF AVENTURA AND PMG
AVENTURA LLC; APPROVING THE FORM OF LICENSOR ESTOPPEL
CERTIFICATE AND AGREEMENT BETWEEN THE CITY OF
AVENTURA AND COLFIN AVENTURA FUNDING LLC; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE LICENSE FOR USE OF REAL
PROPERTY AND LICENSOR ESTOPPEL CERTIFICATE AND
AGREEMENT AFTER ACCEPTANCE OF THE TITLE OR DEED TO THE
PROPERTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; ALL
RELATING TO A 1.5 ACRE PARCEL OF LAND WITH A MUNICIPAL
ADDRESS OF 3200 NE 188 STREET, CITY OF AVENTURA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 2, 2012, the City Commission passed and adopted
Resolution No. 2012 -44 granting conditional use approval to permit an eleven story or
135 foot high residential building on the property located at 3250 NE 188 Street ", which
approval contains a condition that the applicant dedicate a 1.5 acre parcel, municipal
address 3200 NE 188 Street, (the "Premises ") to the City prior to issuance of a building
permit for the development; and
WHEREAS, the City Commission is desirous of approving the form of License
For Use of Real Property with PMG Aventura, LLC, in the form attached "to this
Resolution, authorizing the temporary use of the Premises for a sales center /office and
construction staging during development; and
WHEREAS, the City Commission also wishes to approve the form of Licensor
Estoppel Certificate and Agreement with the lender of the Premises, in the form
attached to the Resolution, in connection with the license of the Premises to PMG
Aventura, LLC; and
WHEREAS, upon acceptance of the dedication of the Premises to the City by
Deed, as required by Resolution No. 2012 -44, the City Manager shall then be
authorized to enter into the License to Use Real Property and Lender Estoppel
Certificate and Agreement, both in the form attached to this Resolution; and
WHEREAS, the City Commission finds that entering into the License to Use Real
Property and Licensor Estoppel Certificate and Agreement is in the best interest of the
City and furthers the purposes of Resolution No. 2012 -44.
Resolution No. 2013-.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The form of License to Use Real Property and Lender Estoppel
Certificate and Agreement, as attached to this Resolution, are hereby approved. The
City Manager is authorized to execute and otherwise enter into that certain License to
Use Real Property, in the form attached hereto, and to execute and otherwise enter into
that certain Licensor Estoppel Certificate and Agreement, in the form attached hereto,
such execution of documents to occur after acceptance by the City of the dedication of
the Premises by deed.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by , who moved
its adoption. The motion was seconded by , and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2013-.
Page 3
PASSED AND ADOPTED this 5t" day of February, 2013.
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 February, 2013.
City Clerk
LICENSE TO USE REAL PROPERTY
THIS LICENSE TO USE REAL PROPERTY (this "License Agreement ") is made
and entered into as of the day of , 2013 (the "Effective Date "), by and
between THE CITY OF AVENTURA, a Florida municipal corporation ( "Licensor "), having
an office at 19200 West Country Club Drive, Aventura, Florida 33180, Attention: City Manager,
and PMG AVENTURA, LLC, a Florida limited liability company ( "Licensee "), having an
office at 19495 Biscayne Blvd., Suite 410, Aventura, Florida 33180, Attention: Ryan Shear.
WITNESSETH:
WHEREAS, Licensor is the owner of certain real property located at 3200 NE 188 Street
in the City of Aventura, Miami -Dade County, Florida, which real property is more accurately
described on Exhibit "A" attached hereto and incorporated herein by reference (the "Licensed
Premises ").
WHEREAS, Licensee is the owner of certain real property which is adjacent to the
Licensed Premises, which real property is more accurately described on Exhibit "B" attached
hereto and incorporated herein by reference (the "Licensee's Property ").
WHEREAS, Licensee is developing a condominium development on Licensee's Property
(the "Condominium Development "), and, in connection therewith, will commence construction
and other development activities on the Licensee's Property.
WHEREAS, Licensee desires to use the Licensed Premises in connection with the
Condominium Development and Licensor desires to grant a license for such purposes pursuant to
the terms of this License Agreement.
Now, therefore, in consideration of the foregoing, the covenants and agreements
hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Licensor and Licensee hereby agree as follows:
1. Grant of License. Licensor hereby grants to Licensee an exclusive license to use the
Licensed Premises as a sales center and office space, and for temporary construction staging, in
connection with the Condominium Development on the Licensee's Property, which Licensed
Premises contain approximately 1.5 acres of land. Licensee agrees to accept the Licensed
Premises in "AS IS" and "WHERE IS" condition, with no representations or warranties by the
Licensor as to the condition, quality or suitability of the Licensed Premises for their intended use
by the Licensee. Licensor shall use reasonable efforts to cooperate and assist Licensee with the
prompt processing and review of any plans submitted by Licensee to the City of Aventura
Building Division in connection with Licensee's use of the Licensed Premises, as more
accurately described in Section 3 below.
2. Term. The right, privilege and license hereby granted to use the Licensed Premises shall
MIAMI 3450520.10 80228/41933
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10698241.2
be for a term commencing on the Effective Date, and expiring on the eighteenth (18'h) month
thereafter (as such term may be extended pursuant to the terms hereof, the "Term "), provided,
however, that if Licensee is not in Default of this License Agreement, Licensee may extend the
Term on a monthly basis for up to six (6) months. In order to exercise the foregoing extension
option(s), Licensee must provide Licensor with written notice of such extension at least seven (7)
days prior to the then Term expiring. The license granted hereunder shall be irrevocable during
the Term except upon a Default as provided in paragraph 16 herein.
3 Use. The Licensed Premises shall be used by Licensee for the purposes of a sales center
and office space, and for temporary construction staging, in connection with the Condominium
Development on the Licensee's Property (the "Permitted Use'). The Licensee agrees to use the
Licensed Premises only for the Permitted Use, and for no other uses or purposes, without the
prior written consent of the Licensor, in its sole and absolute discretion. Rights not specifically
granted to the Licensee by this License Agreement are hereby reserved to the Licensor, and the
Licensor shall have the right to grant utilities and easements to others over, under, through,
across or on the Licensor's Property during the Term of this License Agreement, provided such
grants(s) do not unreasonably interfere with the Licensee's use of the Licensed Premises and the
rights granted pursuant to this License. In order for Licensee to use the Licensed Premises as
intended hereby, it shall be necessary for Licensee to build or place improvements and /or a
structure on the Licensed Premises to serve as the sales center /office (collectively, the
"Improvements ").
In connection with the Permitted Use and the Improvements, Licensee shall submit to the
City of Aventura an application for Administrative Temporary Use Approval with required site
development plans and documentation, prior to the submittal for building permit. The Licensee
agrees to use the Licensed Premises and construct the Improvements pursuant to any approved
Site Plan and Administrative Temporary Use Approval granted by the City of Aventura. The
Licensed Premises and the Improvements, including the use(s) approved and the location of all
Improvements, shall be developed in substantial conformity with the site development plans, as
approved by the City of Aventura through Administrative Temporary Use Approval, said plans
and approval to be on file with the City of Aventura Community Development Department ( "Site
Plan"). The Licensor shall reasonably cooperate and assist Licensee with the prompt processing
and review of any such application and plans submitted by Licensee to the City of Aventura in
connection with Site Plan approval and Administrative Temporary Use Approval for the
Licensed Premises. The Licensor acknowledges that Licensee will submit applications to the
City of Aventura for Administrative Temporary Use Approval and other applications and
documents required for the Licensee to utilize the Licensed Premises for the Permitted Use and
to construct the Improvements. To the extent that any such applications must be signed by the
Licensor as the fee owner of the Licensed Premises, Licensor will review and join in such
applications after approval, which approval shall not be unreasonably withheld.
All Improvements on the Licensed Premises shall be built, constructed and installed in
compliance with the approved site development plans and in accordance with all applicable laws,
including the attainment of all permits and approvals required for the Improvements. The
Licensee shall make no other alterations, improvements or additions to the Licensed Premises
except as necessary for the Permitted Use and as approved by the Licensor and as set forth in the
approved Site Plan.
2
10698241.2
Licensee agrees to remove any such Improvements and /or structures placed on the
Licensed Premises within sixty (60) days after the expiration of the Term and Licensee shall
repair any damage to the Licensed Premises and restore same to the condition existing prior to
the Licensee's use and occupancy.
Licensee shall be responsible for the timely payment of any real estate or other taxes,
sales taxes, and public assessments and charges levied, assessed or imposed on the Licensed
Premises and the Improvements by any governmental authority in connection with Licensee's
use and occupancy of the Licensed Premises during the Term of this Agreement.
Licensor shall reasonably assist Licensee, to the extent necessary, in the provision of
utilities to the Licensed Premises, with all costs of such to be paid by Licensee. Licensee shall
pay for the costs of any and all utilities and services consumed on the Licensed Premises during
the Term of this Agreement, including, but not limited to, electricity, water, sewer, trash/garbage
removal.
4. License Fee. Licensee agrees to pay Licensor a fixed license fee (the "License Fee ") of
One Hundred Twenty Five Thousand and No /100 Dollars ($125,000.00), for the use of the
Licensed Premises during the Term. The License Fee shall be payable to Licensor in advance
within three (3) business days of the full execution of this License Agreement. For each month
the Term may be extended pursuant to Section 2 above, Licensee shall pay Licensor an
additional fee of Six Thousand and No /100 Dollars ($6,000.00) per month which shall be paid to
Licensor in advance simultaneously with any notice to extend.
5. Maintenance of Licensed Premises. The Licensee shall be solely responsible for the
maintenance and repair of the Licensed Premises and for all Improvements and /or structures
built, constructed or installed by Licensee on the Licensed Premises. The Licensed Premises and
all Improvements and /or structures thereon shall be maintained in good, working and neat
condition.
6. Compliance with Laws. The Licensee shall comply with all applicable federal, state,
county and municipal laws, ordinances, resolutions and governmental rules, regulations and
orders, when using and occupying the Licensed Premises pursuant to this License Agreement.
Licensee shall not commit nor permit any violations of applicable federal, state, county and
municipal laws, ordinances, resolutions and governmental rules, regulations and orders, as may
be in effect now or at any time during the Term of this License Agreement, all as may be
amended, which are applicable to the City of Aventura, the Licensee, the Licensed Premises or
the Permitted Use, the Improvements or operations conducted at the Licensed Premises. A
violation of any such laws, ordinances, resolutions, rules, regulations or orders, as amended,
shall constitute a material breach of this License Agreement, and in such event, the Licensor
shall be entitled to exercise any and all rights and remedies hereunder and at law and in equity.
The Licensor may promulgate and enforce reasonable rules and regulations governing the use of
the Licensed Premises by the Licensee, and the Licensee shall provide adequate supervision of
the Licensed Premises at all times during the Term of this License Agreement. If Licensee fails
to cure or remedy a violation of any such laws, ordinances, resolutions, rules, regulations or
3
10698241.2
orders, within ten (10) business days after written notice of such violation setting forth in
reasonable detail the claimed violation (provided, however, if such violation requires work to be
performed, acts to be done or conditions to be remedied which by their nature cannot be
performed, done or remedied, within such ten (10) day period, Licensee shall have such
additional time as is reasonably necessary to cure such violation so long as Licensee in good
faith, diligently and continuously processes the same to completion, but such cure period, in the
aggregate, shall not exceed sixty (60) days from the date of the giving of such notice to
Licensee), then such uncured violation shall constitute a material breach of this License
Agreement, and in such event, the Licensor shall be entitled to exercise any and all rights and
remedies hereunder and at law and in equity.
7. Liability, Loss and Damage. The Licensee hereby assumes all financial, administrative
and legal responsibility in connection with, related to, or arising out of the use of the Licensed
Premises. Nothing in this License Agreement will be construed to affect in any way the
Licensor's rights, privileges, and immunities, including the monetary limitations of liability set
forth in Section 768.28, Florida Statutes. The provisions of this Section will survive the
termination or expiration of this License Agreement.
The Licensor shall not be liable for any loss, damage or injury of any kind or character to
any person or property, including, but not limited to, and loss or damage (i) caused by any defect
in any building, structure, or the Improvements on the Licensed Premises or in any equipment or
other facility located thereon; (ii) caused by or arising from any act or omission of the Licensee,
or of any of its agents, employees, guests or invitees; (iii) arising from any accident on the
Licensed Premises or any fire or other casualty thereon; or (iv) arising from any other cause on
the Licensed Premises.
8. Indemnification. The Licensee does hereby agree to defend, indemnify and hold the
Licensor harmless from and against any and all claims, demands, suits, liability, losses, damages,
costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and
appellate levels) arising from, incidental to, or in any way connected with this License Agreement
and Licensee's use and occupancy of the Licensed Premises, and the acts or omissions of the
Licensee and its agents, servants, invitees and contractors. The provisions of this Section shall
expressly survive any expiration or termination of this License Agreement.
9. Insurance. The Licensee agrees to obtain general liability insurance in an amount no
less than One Million and No /100 Dollars ($1,000,000.00) per occurrence, naming the Licensor
as an additional insured and as acceptable to the Licensor, The Licensee shall furnish to the
Licensor certificates of insurance evidencing the insurance coverages specified by this Section
prior to the Effective Date of this License Agreement. The required certificates of insurance shall
name the type of policy provided, refer specifically to this License Agreement, and state that
such insurance is as required by this License Agreement. The required insurance coverage is not
to cease and is to remain in full force throughout the Term of this License Agreement. The
Licensor must be provided with at least thirty (30) days' notice of cancellation or non - renewal on
all insurance policies.
0
10698241.2
10. Liens Ayainst the Licensed Premises. Licensee shall not permit any mechanic's,
laborer's or materialmen's lien to be filed against the Licensed Premises or any part thereof by
reason of work, labor, services or materials supplied or claimed to have been supplied to Licensee.
If any such lien is at any time filed against the Licensed Premises or any part thereof, Licensee,
within thirty (30) days after notice of the filing, will cause such lien to be discharged of record by
payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Licensee fails to
cause such lien to be discharged within the thirty (30) day period, then, in addition to any other right
or remedy in the event of default by Licensee hereunder, the Licensor may, but is not obligated to,
discharge such lien either by paying the amount claimed to be due or by procuring the discharge of
such lien by transferring it to a bond. Any amounts paid by the Licensor in obtaining the discharge
or transfer of any lien, plus all of the Licensor's costs and expenses associated with any lien,
including attorneys' fees, will be paid by Licensee to the Licensor on demand. Notwithstanding the
foregoing, Licensee shall have the right to contest the correctness or the validity of any such lien if,
prior to the expiration of the thirty (30) day period, Licensee procures and records a bond issued by
a corporation authorized to issue surety bonds in Florida. The bond must meet the requirements of
local law and must provide for payment of the sum that the claimant may recover on the claim. All
persons and entities contracting or otherwise dealing with Licensee relative to the Licensed
Premises shall be placed on notice of the provisions of this Section.
11. Assignment. The Licensee shall not assign, transfer or otherwise dispose of this License
Agreement, or any portion thereof, or permit the Licensed Premises to be used or occupied by
other organizations, entities or persons, without the prior written consent of the Licensor.
12. Notices. Notices to Licensee and Licensor under this License Agreement shall be
addressed to Licensee and Licensor to the addresses in the introductory paragraph of this License
Agreement and shall be delivered by hand or by United States certified or registered mail,
postage prepaid, return receipt requested or by overnight courier. A notice shall be considered to
have been given upon personal delivery if personally delivered, the date delivery is confirmed by
an overnight courier if sent by overnight courier or three (3) business days after posting in the
United States mails if mailed.
13. Entire Agreement. This License Agreement contains the complete exclusive and entire
agreement between Licensor and Licensee regarding use of the Licensed Premises, and
supersedes any and all prior oral and written agreements between Licensor and Licensee
regarding such matters. This License Agreement may be modified only by an agreement in
writing signed by both Licensor and Licensee.
14. Benefits; Bindinp? Effect; Attorney's Fees. This License Agreement shall be binding
upon and inure to the benefit of the heirs, legal representatives and successors of Licensor, the
mortgage holders of the Licensor's Property and Licensee, and shall be construed and enforced in
accordance with the laws of the State of Florida. Venue for any litigation, which may arise in
connection with this License Agreement, shall be in Miami -Dade County, Florida. In the event
of any litigation concerning this License Agreement, the prevailing party shall be entitled to have
its attorney's fees and court costs paid by the losing party.
15. Severability. If any covenant or provision of this License Agreement, or the application
thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the
5
10698241.2
remainder of this License Agreement or the application of such, covenant or provision to persons
or circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby, and each and every covenant and provision of this License Agreement shall be
valid and be enforced to the fullest extent permitted by law.
16. Events of Default. If Licensee (i) shall fail to pay to Licensor as and when due the
License Fee, or (ii) shall otherwise not comply with the terms and conditions of this License
Agreement, then and in any of such events, Licensee will be deemed to be in "Default ". If
Licensee shall be in Default, Licensor will have any and all rights and remedies in law or in
equity which the law of Florida confers upon a Licensor against a Licensee in breach or default,
including, without limitation, the right to terminate this License Agreement. If Licensor (i) shall
interfere with Licensee's use of the Licensed Premises as contemplated hereby, or (ii) shall
otherwise not comply with the terms of this License Agreement, then and in any of such events,
Licensor will be deemed to be in "Default ". If Licensor (i) shall interfere with Licensee's use of
the Licensed Premises as contemplated hereby, or (ii) shall otherwise not comply with the terms
of this License Agreement, then and in any of such events, Licensor will be deemed to be in
"Default ". If Licensor shall be in Default, Licensee will have any and all rights and remedies
which the law of Florida confers upon a Licensee against a Licensor in breach or default.
Notwithstanding anything stated herein to the contrary, prior to constituting a "Default" it shall
be necessary for the non - defaulting party to notify the defaulting party of its default and provide
such party with ten (10) days to cure the alleged default.
17. Police and Regulatory Powers. The Licensor cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern the Licensed Premises or any
operations at the Licensed Premises. Nothing herein shall be deemed to create an affirmative
duty on the Licensor to abrogate its sovereign right to exercise its police powers and
governmental powers by approving or disapproving or taking any other action in accordance
with its ordinances, rules and regulations, federal laws and regulations and state laws and
regulations.
18. WAIVER OF TRIAL BY JURY. THE PARTIES HERETO SHALL, AND THEY
HEREBY WAIVE, TRIAL BY JURY IN ANY ACTION PROCEEDING OR
COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE
OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THIS LICENSE AGREEMENT, THE RELATIONSHIP OF LICENSOR
AND LICENSEE, LICENSEE'S USE OF THE LICENSED PREMISES AND /OR ANY
CLAIM OR INJURY OR DAMAGE.
19. Gender. The terms "Licensor" and "Licensee" as herein contained shall include the
singular and /or the plural, the masculine, the feminine, and /or the neuter, the heirs, successors,
executors, administrators, personal representatives and /or assigns, wherever and whenever the
context so requires or admits.
20. Captions. The captions of the various paragraphs of this License Agreement have been
inserted for the purposes of convenience only. Such captions are not a part of this License
Agreement and shall not be deemed in any manner to modify, explain, enlarge or restrict any of
'01
10698241.2
the provisions contained in this License Agreement.
21. Counterparts. This License Agreement may be executed in several counterparts, all of
which shall constitute one and the same License Agreement between Licensor and Licensee.
22. Effective Date: The Effective Date of this License Agreement shall be the date when the
last one of Licensor or Licensee has signed this License Agreement.
23. Non - Discrimination. Licensee agrees that there will be no discrimination against any
person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical
handicap, in the use or operation of the Licensed Premises.
24. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit. Pursuant to §404.056(8), Florida Statutes.
25. Collateral Assignment; Lender. Provided Licensee is not in Default of this License
Agreement at such time, Licensee shall have the right to collaterally assign its interest in this
License Agreement ( "Collateral Assignment ") provided that any such assignment shall be
subject to the provisions of this License Agreement. If Licensee shall have executed and
delivered a Collateral Assignment and the holder thereof ( "Licensee's Lender ") shall have
provided written notice to Licensor to such effect giving its name and address:
(a) Licensor shall give notice to such Licensee's Lender of each notice of Default
given to Licensee under this License Agreement.
(b) Such Licensee's Lender shall have the right, for a period of sixty (60) days from
the date of the notice of Default to remedy or cause to be remedied any breach or Default which
is the basis of a notice and Licensor shall accept performance by such Licensee's Lender as
performance by Licensee.
(c) In case of Default by Licensee under this License Agreement, other than a Default
in the payment of money or a Default susceptible of being cured by the payment of a sum of
money, Licensor shall take no action to effect a termination of this License Agreement by service
of a notice or otherwise, without first giving to such Licensee's Lender prior written notice and
the Non - Monetary Cure Period (as hereafter defined) within which either (i) to obtain possession
of the Licensed Premises and the Improvements (including possession by a receiver) and to cure
such Default when such Licensee's Lender has either obtained possession of the Premises and the
Improvements or has the right and ability to cure same (acting reasonably), or (ii) to institute and
complete enforcement proceedings or otherwise acquire Licensee's interest or license under this
License Agreement and cure upon obtaining possession.
As used herein, the "Non- Monetary Cure Period" shall mean such time as Licensee's
Lender reasonably requires to cure such Default, not to exceed sixty (60) days from the notice of
Default provided to Licensee's Lender by the Licensor; provided, however, if Licensee's Lender
7
10698241.2
continues to diligently pursue enforcement proceedings to obtain possession of the Licensed
Premises and Improvements, then Licensee's Lender shall have ninety (90) days additional time
beyond expiration of the sixty (60) day period as reasonably required by Licensee's Lender to
complete such enforcement proceedings and to effect the cure of the Default by Licensee under
the License Agreement.
If in connection with this subparagraph (c), if Licensee's Lender elects to proceed to
acquire possession of the Licensed Premises and the Improvements and Licensee's interest in this
License Agreement, or to commence an enforcement proceeding on the Collateral Assignment or
otherwise to extinguish Licensee's interest in the Licensed Premises, Licensee's Lender shall
deliver to Licensor an instrument in writing duly executed and acknowledged wherein the holder
of the Collateral Assignment agrees that (i) during the period that such holder shall be in
possession of the Licensed Premises and the Improvements and /or during the pendency of any
such enforcement or other proceedings and until the interest of Licensee in this License
Agreement shall terminate, as the case may be, it will pay or cause to be paid to Licensor any
monthly fees and any other amounts due from Licensee pursuant to this License Agreement
(including past due) and from time to time becoming due under this License Agreement; and (ii)
if delivery of possession of the Licensed Premises and the Improvements shall be made to such
Licensee's Lender (or to its nominee), whether voluntarily or pursuant to any enforcement
proceedings or otherwise, such holder shall, promptly following such delivery of possession,
perform or cause such nominee to perform, as the case may be, all the covenants and agreements
herein contained on Licensee's part to be performed to the extent that Licensee shall have failed
to perform the same to the date of delivery of possession, as aforesaid. Nothing herein contained
shall affect the right of Licensor, upon the subsequent occurrence of any Default by Licensee, to
exercise any right or remedy herein reserved to Licensor, subject to the rights of the Licensee's
Lender under this Section with respect to such Default.
(d) Whether or not a Default has occurred, Licensee's Lender shall be permitted to
extend the Term for up to the six (6) month period set forth in Section 2 in accordance with the
provisions of Section 2 and upon simultaneous payment of the fee of $6,000 per month required
in Section 4.
(e) Licensor, without the prior written consent of the Licensee's Lender (which
consent shall not be unreasonably delayed or withheld), shall not (a) consent to or accept any
voluntary cancellation, termination or surrender of this License Agreement, whereby Licensor
shall have the right to accept any such cancellation, termination or surrender of this License
Agreement, or (b) amend this Section 25 or otherwise materially amend or modify this License
Agreement. Additionally, in the event that this License Agreement is terminated by result of any
action (including rejection of this License Agreement in any bankruptcy proceeding) other than
as provided for herein, and if Licensee's Lender shall not have been provided with the
opportunity to cure a Default and acquire the Licensee's interest in accordance with subparts (b)
or (c) above, then in that event Licensor shall give Licensee's Lender notice of such event and
Licensee's Lender shall have thirty (30) days from its receipt of such notice in which to enter in
to a new license with the Licensor on the same terms and conditions of this License Agreement,
for a term which is co- terminus with the remaining Term of this License Agreement.
26. Estoppel Information. Licensor shall, from time to time, upon reasonable written request,
8
10698241.2
provide a Licensee's Lender with estoppel information as to the status of this License Agreement.
27. Prevailing Party, Attorneys' Fees. In the event of any controversy, claim, dispute or
litigation between the parties arising from or relating to this License Agreement (including, but
not limited to, the enforcement of any indemnity provisions), the prevailing party shall be
entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited to,
court costs and other expenses through all appellate levels.
[The Remainder of this Page Intentionally Left Blank]
G1
10698241.2
IN WITNESS WHEREOF, the parties have executed this License Agreement on the
dates written below their signatures.
ATTEST:
Approved as to Form and
Legal Sufficiency:
City Attorney
10
10698241.2
LICENSOR:
THE CITY OF AVENTURA, a Florida
municipal corporation
By:_
Name:
Title:
Date Executed:
IN WITNESS WHEREOF, the parties have executed this License Agreement on the
dates written below their signatures.
Witnesses:
Print Name:
Print Name:
11
10698241.2
LICENSEE:
PMG AVENTURA, LLC, a Florida Limited
Liability Company
By:_
Name:
Title:
EXHIBIT "A"
LICENSED PREMISES
12
10698241.2
EXHIBIT "B"
LICENSEE'S PROPERTY
13
10698241.2
14
10698241.2
LICENSOR ESTOPPEL CERTIFICATE AND AGREEMENT
This LICENSOR ESTOPPEL CERTIFICATE AND AGREEMENT (this "Agreement "),
dated effective for all purposes this day of , 2013, is entered into by the City of
Aventura, a Florida municipal corporation ( "Licensor "), having an address at 19200 West
Country Club Drive, Aventura, Florida 33180, Attention: City Manager, for the benefit of
Co1Fin Aventura Funding, LLC, a Delaware limited liability company (together with its
successors and /or assigns, collectively "Lender "), having an address at c/o Colony Capital LLC,
2450 Broadway, 61h Floor, Santa Monica, California, 90404, Attention: Legal Director and is
joined and consented to for all purposes by PMG Aventura, LLC, a Florida limited liability
company ( "Licensee ").
RECITALS
A. Licensee is the licensee and Licensor is the licensor under that certain License to
Use Real Property (the "License Agreement ") dated as of , 20_, by and
between Licensor and Licensee covering the premises described therein and located at 3200 NE
188th Street, Aventura, Florida (the "Licensed Premises ").
B. The License Agreement is evidenced by that certain Memorandum of License
Agreement dated , 2013 and recorded on , 20_ in
Official Records Book at Page of the Public Records of Miami -Dade County,
Florida (the "Memorandum ").
C. On January 10, 2013, Lender made a loan to Licensee in the principal sum of
$22,250,000 (the "Loan "), evidenced by, inter alia, a promissory note in the original principal
amount of the Loan made by Licensee and payable to the order of Lender (as the same may be
amended, restated, replaced, severed, consolidated, supplemented or otherwise modified from
time to time, the "Note ") and a loan agreement by and between Lender and Licensee (as the
same may be amended, restated, replaced, supplemented or otherwise modified from time to
time, the "Loan Agreement "); and secured by, inter alia, a first lien collateral assignment of
license agreement dated January 10, 2013 encumbering Licensee's interest in the Licensed
Premises under the License Agreement (as the same may be amended, restated, replaced,
supplemented or otherwise modified from time to time, the "Collateral Assignment "; and
together with the Note, the Loan Agreement and all other documents, instruments and
agreements evidencing, securing or otherwise entered into in connection with the Loan, each as
may be amended, restated, replaced, supplemented or otherwise modified from time to time, the
"Loan Documents ").
D. The execution and delivery of this Agreement by Licensor is a condition
subsequent to Lender making the Loan to Licensee.
E. Capitalized terms used in this Agreement but not otherwise defined herein shall
have the respective meanings assigned to such terms in the License Agreement.
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NOW, THEREFORE, in consideration of the foregoing, and for other good and
valuable consideration, the receipt and adequacy of which are hereby conclusively
acknowledged, Licensor does hereby certify to and agree with Lender as follows:
1. As of the date of this Agreement, the License Agreement is valid and in full force
and effect and has not been modified or amended and a true and complete copy of the License
Agreement is attached hereto as Exhibit "A ". The License Agreement and the Memorandum
constitute the entire agreement between Licensor and Licensee regarding Licensee's license of
the Licensed Premises and, except for the terms and conditions set forth in any Administrative
Temporary Use Approval, and/or any other development approval issued by the City of Aventura
in connection with the use and development of the Licensed Premises, there are no other written
or oral agreements of any kind between Licensor and Licensee affecting the License Agreement
or Licensee's license of the Licensed Premises. Lender acknowledges and agrees that the
Licensed Premises shall be subject to the terms and conditions of any Administrative Temporary
Use Approval or other development approval or order issued by the City of Aventura governing
use of the Licensed Premises and any development and construction the Improvements thereon.
To the best knowledge and belief of Licensor, no default exists on the part of the Licensee under
the License Agreement and, to the best knowledge of Licensor, there is no existing circumstance
which, with the delivery of notice or the passage of time or both, would give rise to or ripen into
such a Default.
2. The term of the License Agreement commenced on , 2013
and the term of the License Agreement will expire on , 20_.
3. The $125,000 License Fee for the initial Term has been paid by Licensee to
Licensor.
4. Licensor consents to the Collateral Assignment and acknowledges and agrees that
the encumbrance of Licensee's interest in the Licensed Premises and the License by the
Collateral Assignment does not and shall not constitute a Default under the License Agreement.
5. Pursuant to Section 25 of the License Agreement, Licensor acknowledges that the
Lender is entitled to all rights, privileges and notices accorded to the holder of a Collateral
Assignment under the terms of the License Agreement. Licensor further acknowledges that
Licensor has received notice of Lender's name and address as set forth above.
6. Lender may, at any time, without Licensor's consent, sell, assign, participate or
securitize all or any portion of the Loan and Lender's right and obligations under the Collateral
Assignment and the other Loan Documents, and any such sale, assignment, participation or
securitization may be to one or more financial institutions or other entities, to private investors,
and /or into the public securities market, in Lender's sole discretion. Licensor acknowledges and
agrees that any securitization vehicle in connection with a securitization of the Loan, including,
without limitation, a real estate mortgage investment conduit or CDO, shall be deemed a
Collateral Assignment for all purposes under the License Agreement. In the event Lender sells,
assigns, participates, or securitizes all or any portion of the Loan, Lender shall provide written
MIAMI 3450555.7 80228/41933
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2
notice of such action to Licensor which notice shall provide the name and address of a
designated party or entity entitled to receive notice under Section 25 of the License Agreement.
7. Subject to the terms and conditions of the License Agreement, Licensor
acknowledges and agrees that Lender (or its nominee or designee) or a purchaser at an
enforcement action may acquire the License Agreement and Licensee's interest in the Licensed
Premises whether through an enforcement action or otherwise, and upon such party's acquisition
of the License Agreement and Licensee's interest in the Licensed Premises, and written notice to
the Licensor of such assignment or acquisition, Licensor shall recognize such party as licensee
under the License Agreement and such party shall be subject to all terms and conditions of the
License Agreement. Licensor further acknowledges and agrees that any other party may acquire
the License Agreement and license to the Licensed Premises directly from any of the parties
described in the foregoing sentence without Licensor's consent, and Licensor shall recognize
such party as licensee under the License Agreement.
8. Licensor acknowledges and agrees that (a) Lender shall be an additional insured
under all of Licensee's insurance policies relating to the Licensed Premises; and (b) Lender shall
have the right to participate in any insurance settlement affecting the Licensed Premises.
9. Licensor agrees to accept performance by Lender of any obligation on Licensee's
part to be performed under the License Agreement with the same force and effect as though
performed by Licensee; provided, however, that the Lender shall not become liable for
Licensee's obligations under the License Agreement unless and until such Lender acquires the
interest of Licensee in the License Agreement.
10. Licensor acknowledges that Licensee shall have no right to exercise any
termination option or termination right set forth in the License Agreement without the Lender's
prior written consent, which consent may not be unreasonably delayed or withheld. No
amendment, modification, voluntary termination, cancellation or surrender of the License
Agreement by Licensee or mutual termination of the License Agreement between Licensor and
Licensee shall be effective without the prior written consent of the Lender, which consent may
not be unreasonably delayed or withheld by the Lender. Licensor will not, without the prior
written consent of Lender (which consent may not be unreasonably delayed or withheld by the
Lender), consent to or accept any cancellation or termination by the Licensee of the License
Agreement or any provision thereof.
11. Licensor agrees that the Collateral Assignment and other Loan Documents may
provide that the Lender may remove any Improvements and any inventory, equipment or other
personal property, and all products and proceeds of the foregoing, that may be removed without
material damage to the Licensed Premises and that are located on the Licensed Premises and
used by Licensee in the operation of business conducted on the Licensed Premises (collectively,
the "Property Collateral "), or any part thereof, from the Licensed Premises, and Licensor will
not object, delay, hinder or interfere with any or all of such actions by the Lender, provided,
however, that any damage to the Licensed Premises shall be repaired and the Licensed Premises
restored to their condition existing prior to the Licensee's use and occupancy.
MIAMI 3450555.7 80228/41933
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3
12. In the event of any conflict between the terms of this Agreement and the terms of
the License Agreement, the terms of the License Agreement shall govern and control. All terms
of the License Agreement shall remain in full force and effect.
13. All notices to Licensor hereunder or under the License Agreement from Lender
shall be delivered in accordance with Section 12 of the License Agreement at the address for
Licensor set forth therein, or at such other address of which written notification delivered in
accordance with Section 12 of the License Agreement has been given. All notices hereunder or
under the License Agreement from Licensor to Lender shall be deemed to have been sufficiently
given or served for all purposes when delivered in writing by (i) certified United States Mail,
postage prepaid, return receipt requested, (ii) hand delivered with a request for a written receipt
of acknowledgement of delivery, at its address set forth herein below, or at such other address of
which written notification delivered in accordance with the foregoing procedures has been given:
Co1Fin Aventura Funding, LLC
c/o Colony Capital, LLC
2450 Broadway, 6th Floor
Santa Monica, CA 90404
Attention: Legal Director
Telephone: 310- 282 -8820
Facsimile: 310- 282 -8808
With a copy to:
ColFin Aventura Funding, LLC
c/o Colony Capital, LLC
660 Madison Avenue, Suite 1600
New York, N.Y. 10065
Attention: David Schwarz
Telephone: 212-330-3330
Facsimile: 646 - 837 -5324
and
Marshall R. Pasternack, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131
Telephone: 305- 350 -2356
Facsimile: 305 - 351 -2247
14. This Agreement shall be governed by the internal laws of the State of Florida,
without reference to choice of law principles. This Agreement may be executed in any number
of counterparts, each of which when executed and delivered shall be deemed to be an original
and all such counterparts together shall constitute one and the same instrument. This Agreement
MIAMI 3450555.7 80228/41933
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0
may not be modified except by an agreement in writing signed by Licensor and Lender or their
respective successors in interest.
15. Licensor agrees that this Agreement shall be binding upon Licensor and its
successors and assigns and may be relied upon by and shall inure to the benefit of Lender and its
successors and assigns.
[Signatures commence on the following page]
MIAMI 3450555.7 80228/41933
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5
IN WITNESS WHEREOF, Licensor and Lender have executed this Agreement as of the
day and year first above written.
ATTEST:
City Clerk
Approved as to form and correctness:
City Attorney
MIAMI 3450555.7 80228/41933
KADocs \0328 \001 \34X391804.DDC
LICENSOR:
CITY OF AVENTURA, a municipal corporation
By: _
Title:
LENDER:
COLFIN Aventura Funding, LLC, a Delaware
Limited Liability Company
By:
Name:
Title:
on
LICENSEE JOINDER
Licensee hereby joins in the execution of the foregoing Agreement to acknowledge and
agree to the provisions thereof in all respects, including any amendment or modifications to the
License Agreement effected by such Agreement.
PMG AVENTURA, LLC, a Florida limited
liability company
By:_
Name:
Title:
MIAMI 3450555.7 80228/41933
K:\Docs\0328\001\34X391802.DOC
EXHIBIT A
LICENSE AGREEMENT
[Attached]
MIAMI 3450555.7 80228/41933
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I -C
City Manager
BY: Joanne Carr, AICP \[-"(_
Community Development Director
DATE: December 17, 2012
SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura by
amending the zoning designation for property at 20605 NE 34 Avenue,
containing 0.51 acres more or less, from RS2, Single Family Residential
District to RMF3A, Multifamily Medium Density Residential District. (01-
REZ-13)
January 8, 2013 Local Planning Agency Agenda Item
January 8, 2013 City Commission Meeting Agenda Item 9
February 5, 2013 City Commission Meeting Agenda Item 8
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 20605 NE 34 Avenue, containing 0.51 acres, more or
less, from RS2, Single Family Residential District, to RMF3A, Multifamily Medium
Density Residential District, with acceptance of the applicant's proffer to prepare and
record in the Public Records of Miami -Dade County, at its expense and in a form
satisfactory to the City Attorney, a covenant restricting the density on the property to no
more than five (5) residential dwelling units.
THE REQUEST
The applicant, Aventura 34th AV, 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 northeast corner of NE 34 Avenue and North Country Club Drive with municipal
address 20605 NE 34 Avenue from RS2, Single Family Residential District to RMF3A,
Multifamily Medium Density Residential District. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY:
NAME OF APPLICANT
LOCATION OF PROPERTY
SIZE OF PROPERTIES
BACKGROUND
5 AV, LLC
Aventura 34th AV, LLC
20605 NE 34 Avenue
See Exhibit #2 for Location Map
Approximately 0.51 acres
This site is a vacant parcel of land on the east side of NE 34 Avenue at North Country
Club Drive, formerly known as a private park named "George Berlin Park." It contains
approximately 0.51 acres.
The site is currently designated Medium High Density Residential on the City's Future
Land Use Map and zoned RS2, Single Family Residential District on the City's zoning
map.
HISTORY
Historically, during development of the Country Club Drive area, this parcel was used as
private open space and had signs erected by private parties designating it as "George
Berlin Park." Upon enactment of the City's Land Development Regulations in July of
1999, this parcel of land was zoned CF, Community Facilities District, to recognize its
past and then current use as a private park.
In 2004, the landowners applied to the City Commission for rezoning of this parcel from
CF, Community Facilities District, to RMF4, Multifamily High Density Residential District.
That request was denied by the City Commission because it did not meet the standards
for review of amendments to the Official Zoning Map as set out in Section 31 -77(f) of
the City Code.
On October 1, 2005, the City of Aventura and the landowners, Aventura- Ensenada,
Inc., and Aventura Land and Development Corporation, entered into a Settlement
Agreement in connection with the subject property, (Resolution 2005 -61, passed and
adopted on October 11, 2005). The terms of the Settlement Agreement included
consideration of the rezoning of the property from Community Facilities to RS2, Single
Family Residential District and development of five (5) single family dwelling units.
2
The rezoning of this property to the RS2, Single Family Residential District, was
subsequently granted pursuant to Ordinance No. 2005 -16 passed on November 1,
2005.
The property was sold after passage of the rezoning ordinance and the new owner
submitted a site plan that complied with the terms of the Settlement Agreement and
with the site development criteria of the RS2 zoning district. That site plan was
approved, along with an entrance feature approval in 2007 and these approvals remain
in place to date. The approved site plan for the five (5) single family dwellings is
attached as Exhibit #3 to this report.
ANALYSIS
The applicant is a new purchaser of the parcel and wishes to build the same number of
units as approved by the Settlement Agreement, however, the applicant desires to build
those units vertically in a multi - family residential structure, rather than by way of
separate single family homes. The applicant has submitted its administrative site plan
approval application concurrent with this application for rezoning. The proposal is a six
(6) story building, with parking on the first floor and one unit on each of five (5) floors.
Each unit has approximately 4,340 square feet of interior space with 1,625 square feet
of balcony space. Proposed height is 66 feet to the roof deck. Amenities for the
building are proposed on the roof deck, including a pool, deck and enclosed recreation
room. The top of the recreation room roof is proposed at 77 feet. The proposed site
plan for the proposed building is attached as Exhibit #4 to this report.
The current RS2 zoning district allows zero lot line single family detached dwellings,
with a maximum of 25 dwelling units per acre (restricted by recorded covenant to a
maximum of five (5) units on this parcel) and a maximum height of three (3) stories or
55 feet.
In order to develop the proposed vertical multifamily residential building, the applicant is
requesting a rezoning to RMF3A, Multifamily Medium Density Residential District. This
zoning category permits multifamily residential buildings with a maximum density of 45
dwelling units per acre and a maximum height of seven (7) stories or 80 feet. The
applicant has proffered a restrictive covenant to restrict the maximum number of
dwelling units to five (5) as previously approved in 2005 and to record a covenant to
that effect. This proffer has been added to the proposed rezoning ordinance.
Future Land Use Designation
Subject Property: Medium High Density Residential
Properties to the North: Water
Properties to the South: Parks & Recreation and
Medium -High Density Residential
Properties to the East: Medium -High Density Residential
3
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
Medium -High Density Residential
RS2, Residential Single Family District
RMF4, Multifamily High Density Residential District
ROS, Recreation Open Space and
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
RMF4, Multifamily High Density Residential District
vacant
condominium boat slips
residential condominium and townhomes
and golf course
residential condominium
residential condominium
Access — The parcel access is from NE 34 Avenue. The applicant's concurrent
administrative site plan application indicates that the location of the access approved on
the 2007 site plan and a similar entry gate approved also approved in 2007 will remain
the same.
Conformity to City Comprehensive Plan — The proposed amendment conforms to the
City's Comprehensive Plan. The existing future land use designation is Medium -High
Density Residential. The type of housing typically permitted in this category includes
low, medium and high rise apartments.
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31 -77 of the Land Development Regulations:
1. 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. The existing future land use designation for this
parcel is Medium -High Density Residential.
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 east, west and
south are zoned RMF4, which is the multifamily high density residential district. The
0
property immediately to the north, although developed as a marina condominium, is
also zoned RMF4. The heights of existing buildings to the east, west and south
respectively range from eight (8) stories (Ensenada condominium), 18 stories
(Bonavista condominium), two (2) stories (DelVista townhomes) to 25 stories
(DelVista condominium). The height for the proposed building which is the subject
of this application is six (6) stories.
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. A conceptual site plan for the proposed development has been submitted to
show lot configuration and access.
4. Whether or not there are sites available in other areas currently zoned for such use.
There is a vacant site at NE 207 Street and NE 30 Avenue that is zoned for RMF3A
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.
There is no change in density proposed from the existing zoning category. The
applicant proposes to use driveway access from NE 34 Avenue, which was
previously approved by the City in 2007. Therefore, the proposed change will not
adversely affect traffic patterns or congestion. The applicant will be required, as part
of the site plan approval process, to reconfigure the existing median on NE 34
Avenue to ensure safe traffic movements in and out of the proposed development.
The City is in the approval process to construct a right turn lane on North Country
Club Drive across the northerly frontage of this site. The proposed development will
not adversely affect that construction project since the applicant's driveway access
is proposed from NE 34 Avenue.
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.
There is no increase in population density proposed by this rezoning application due
to the applicant's proffer to restrict development to five (5) residential units which is
the same as the existing density restriction on this property. Therefore, the
proposed change would not adversely affect population density such that the
F
�. demand for water, sewers, streets, and other public facilities and services would be
adversely affected.
8. Whether or not 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. The proposed vertical development of five (5)
residential units will be a benefit to the community by way of increased setbacks,
increased landscaped area and decreased lot coverage as compared to the existing
approval for five (5) single family homes.
Traffic Generation — There will be no increase in traffic generation due to this
rezoning application. The existing density of five (5) units on this site will remain the
same as currently approved. This maximum density of five (5) units will be enforced by
the proffered restrictive covenant to be recorded by the applicant, at its expense.
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 School Board has previously reserved public school concurrency for the five (5)
single family homes approved in 2007. Since the development has changed from five
(5) single family homes to five (5) multifamily units, the School Board is processing the
application through its concurrency management system. The Board's analysis is not
complete as of the date of writing of this report, however, it is anticipated that this
development will continue to meet the level of service standard. If for some reason it is
determined by the School Board that it does not meet that service standard, the
applicant will be required to reach a mitigation agreement acceptable to the School
Board and the City, as set out in our Interlocal Agreement for Public School
Concurrency. City staff will report on this item at second reading of the ordinance.
Bilzin Smberg
-r, R n Y S AT L A ..
Brian S. Adler, Esq.
305.350.2351
305.351 .2206
badlerCftilzin com
November 30, 2012
Joanne Carr
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Application for Rezoning of Property Located at 20605 N.E. 34th Avenue
Folio No. 28- 1235 - 090 -0010 (the "Property ")
Dear Ms. Carr:
LETTER OF INTENT
Please consider this our formal letter of intent in connection with a request to rezone the
Property. This firm represents the applicant, Aventura 34th AV, LLC, as the contract purchaser
of the Property.'
The Property is owned by 5 AV, LLC, which previously obtained administrative site plan
approval for five residential units, a variance related to enclosed parking spaces and an
entrance feature for a controlled access gate. The City of Aventura granted extension of these
approvals, and the approvals remain valid at this time.
The Property is currently zoned RS -2 and is designated medium -high density residential
on the City of Aventura's Comprehensive Land Use Plan. As the City is aware, the Property
was the subject of a settlement agreement related to the area formerly known as George Berlin
Park. A complete history of the Property is part of Administrative Site Plan Approval 04- SP -06.
Our client requests the Property be rezoned from RS -2 to RMF -3A. While the RMF -3A
zoning district authorizes a much higher density, our client intends to develop only five units, the
same number currently approved under the existing ASPR. The purpose of the request for
RMF -3A zoning is not to maximize density on the Property, but to develop the five units in a
1 The application inquires whether there is an option to purchase or lease the Property predicated on the approval of
this application. There is a contract to purchase the Property; however, the purchase is not predicated on approval of
this application. Therefore, while we marked "no" under this question, we did specifically disclose the contract
purchaser in the Disclosure of Interest section and are specifically disclosing the existence of a contract for
purchase.
MIAMI 3427386.1 80043/41289 Exhibit #1
01- REZ -13
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brlckell Avenue, 23rd Floor, Miami, FL 33131 -3456 Tel 305.374.7580 Fax 305.374.7593 -
Ms, Joanne Carr
November 30, 2012
Page 2
single structure. The current RS -2 zoning only permits the units as detached dwelling units.
Therefore, in order to assure the City that our client is only seeking the total cf five units, as part
of this application, our client will voluntarily proffer a covenant limiting deveio--;nent parameters,
including limiting density to a maximum of five units.
The proposed rezoning contains several benefits over the existing plan. The current
ASPR approval contains five free - standing single family homes on the slightly more than half -
acre Property. In order to accommodate the structures, the more liberal RS -2 zoning setbacks
were utilized, some, as low as six feet.
The proposed new development, if the rezoning is granted, will be a five -unit residential
structure consisting of ground -level and surface parking with five stories of residential above the
ground floor parking with one unit per floor. By combining the five units into a single structure,
on -site circulation is enhanced, parking is increased, and the developer is able to create an
attractive glass feature fagade with extensive balconies. Because the site is approximately one -
half acre, centralizing the structure on the parcel and abiding by the increased 25 -foot setbacks
on all sides creates an overall more functional site.
Our client intends to proceed immediately with administrative site plan approval for a
new development. On the proposed plans, the roof, in addition to the cooling and mechanical
equipment, contains a pool, landscaping and an indoor recreational room. These features result
in an attractive exterior to the adjacent, higher and denser residential developments. As part of
the new administrative site plan application, our client will also proffer a declaration of
restrictions, to preclude the conversion of the recreational room or any roof area to residential
space, as well as limiting the mean roofline for the residential units to a maximum of 66 feet in
height, and the top of the recreational room to a maximum of 80 feet in height.
Based on the foregoing, we respectfully request the above application for rezoning be
approved. Should you have any questions, please contact me at 305 - 350 -2351.
Sincerely,
i
r'-"Brian Adler
BSA/mp
MIAMI 34273 86.1 80043/41289
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
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N.E. 34th AVENUE
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Exhibit #4
01- REZ -13
� I II I I IIII
AVENTURA CONDOMINIUM
eF w 3P � ALAN STRASSLER
qr ARCHITECTS, INC.
=+ ° 20605 N.E. 34th AVE., AVENTURA, FLORIDA
i N SITE PLAN 3/32- -1' -0" '°
APPLICANT REPRESENTATIVE AFFIDAVIT
cqy fE�eOe•
Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,
which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and
identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Stanley B. Price
Brian S. Adler
Eric Singer
Mariano Corral
Felix Pardo
Douglas Deans
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Attomev
Attorney
Attorney
Landscape Architect
Architect
Surveyor
(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 TH PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORM ,tiµY dliild I
BECOMES INCORRECT OR INCOMPLETE. Notary RLVE
1 � try Public .,State of F
WITNESS MY HAND THIS �_ DAY OF e Der , 2012. ",�+�;;� My �ommisaon EE 2134
.201
34
— ITHORIZED REPRESENTATIVE OF APPLICANT:
Stanley B. Price
Title: Attorney
Address: 1450 Brickell Avenue, Suite 2300
Miami FL 33131
3/
Brian S. Adler
Title: Attorney
Address: 1450 Brickell Avenue, Suite 2300
Miami, FL 33131
By:
Eric Singer
Title: Attorney
Address: 1450 Brickell Avenue, Suite 2300
Miami, FL 33131
2
Mariano Corral
Title: Landscape Architect
Address: 3001 S.W. 109th Ct.
Miami FL 33165
MIAMI 3452626.172393/35774
By:
Salo
Title:_
Address:
By:
Felix Pardo
Title: Architect
Address:
By:
By:
Douglas Deans
Title: Surveyor Title:_
"'" - 4dress: _ Address:
STATE OF FLORIDA
COUNTY OFMIAMI -DADE
Before me the undersigned authority personally appeared Salo Wagenberg, as the Registered Agent of the owner of the property
subject to the application, who being first by me duly sworn, did swear or affirm that he executed this Affidavit for the purposes stated therein
and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this2lday of a CCnn 12.
40' °�': A o a lic State of Florida At Large
IA RIVERA
Notary Public Name of Notary
?l 10 ( '� +, Pic MY Comm. Expires a
My commission expires: , a Commiss onE4+ EE ?134 014
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
Before me the undersigned authority personally appeared Stanley B. Price as the authorized representative of the Applicant and /or
the owner of the property subject to the application, who being first by me duly swom, did swear or affirm that they executed this Affidavit for
the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of , 2012.
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 Brian S. Adler as the authorized representative of the Applicant and/or
the owner of the property subject to the application, who being first by me duly swom, did swear or affirm that they executed this Affidavit for
the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of 2012.
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 Eric Singer as the authorized representative of the Applicant and /or the
owner of the property subject to the application, who being first by me duly swom, did swear or affirm that they executed this Affidavit for the
purposes stated therein and that it is true and correct.
MIAMI 3452626.172393/35774
2
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
,ark with "x" applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative,
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
{ J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
(] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
(] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year,
(] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF 2011.
APPLICANT REPRESENTATIVE:
By: (Signature)
Name: Stanley B. Price (Print)
Title: Attorney (Print)
By: (Signature) BY (Signature)
Name: Brian S. Adler (Print) Name: Mariano Corral (Print)
Title: Attorney (Print) Title: Landscape Architect (Print)
By: (Signature)
Name: Eric Singer (Print)
Title: Attorney ( Attomey)
By: (Signature) By: (Signature)
Name: Felix Pardo (Print) Name: Douglas Deans (Print)
Title: Architect (Print) Title: Surveyor (Print)
WITNESS MY HAND THIS DAY OF , 2012.
PROPER 0 ER:
By: ignature)
Name: Salo Wa nberg (Print)
Title: Owner a resentative Registered A ent (Print)
*The terms "Business Relationshi p,' 'Client," 'Customer," Applicant,"Representative" and "Interested Person" are defined in
=erection 2 -395 of the Aventura City Code.
MIAMI 3452650.1 80043/41289
NOTARIZATION PROVISION
STATE OF FLORIDA )
"AUNTY OF MIAMI -DADE )
Before me, the undersigned authority, personally appeared Salo Wagenberg, the Affiant, �hoyf!ing fir$t by me duly
this Affidavit for the purposes stated therein and that d is true and correct. / / �� � I "A1111
SWORN TO AND SUBSCRIBED before me this A day of��2012.
o�A - °% `
°4z,; ANTONiA RIVERA Nota ublic State of Florida At Large
Notary Public - Stale of Fioridt
My� �c My Comm. Expires Sep 27, 201 Printed Name of Notary
Commission / EE 113 My commission expires:
swear or affirm that he /she executed
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
Before me, the undersigned authority, personally appeared Stanley S. Price, who being first by me duly swom, did swear or affirm that he /she executed this Affidavit
for the purposes stated therein and that h is true and correct.
SWORN TO AND SUBSCRIBED before me this day of , 2012.
BRIAN S. ADLER
Notary Public State of
Printed Name of Notary
My commission expires:
,TE OF FLORIDA )
„OUNTY OF MIAMI -DADE )
Before me, the undersigned authority, personally appeared Brian S. Adler, Affiant, who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this day of , 2012.
BRIAN S. ADLER
Notary Public State of
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
Before me, the undersigned authority, personally appeared Eric Singer, 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.
ERIC SINGER
SWORN TO AND SUBSCRIBED before me this day of , 2012.
Notary Public State of
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
MIAMI 3452650.180043/41289
BUSINESS RELATIONSHIP AFFIDAVIT*
N '�
.pis Affidavit is made pursuant to Section 31- 71(b)(2)(k) of the City of Aventura Land Development Code The undersigned Afflant hereby discloses that:
ark with "x" applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2. Afflant 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:
Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative,
Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] 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'LL DAY OF �"�, 2012.
APPLICANT REPRES /E',
By
(Signature)
Name:
Stanle rice
(Print)
Title:
Attorney
(Print)
By
��. (Signature)
Name.
Brian dler
(Print)
Title:
Attorne
(Print)
By:
ws�.
(Signature)
Name:
Eric Sin er
(Print)
Title.
Attorney
(Attorney)
By: (Signature)
Name: Mariano Corral (Print) .
Title. Landscape Architect (Print)
By (Signature) By. (Signature)
Name. Felix Pardo (Print) Name: Douglas Deans (Print)
Title: Architect (Print) Title: Surveyor (Print)
WITNESS MY HAND THIS �+ S DAY OF �)e- (,e2'15tN 2012.
PROPERTY OWNER:
By: (Signature)
Name: Salo Wa enber (Print)
Title: Owner Representative Registered Agent (Print)
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and 'Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3452650 1 80043/41289
S�
WITNESS MY HAND THIS DAY OF `� , 2012
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
y:
(Signature)
Name:
Salo Wa enber
(Print)
Title: A en rint)
By:
�Registered
an e P
(Signature)
Title:
A
(Signature)
By:
/tt�ey
c'S
(Signature)
Name:
Brian S. Adler
(Print)
Title:
Attorney
(Print)
By,,_
L eG -
(Signature)
Name:
Eric Singer
(Print)
Title:
Attorney
(Print)
By: (Signature)
Name: Mariano Corral (Print)
Title: Landscape Architect (Print)
By:
(Signature)
By: (Signature)
Title: - (Print)
,. Title: (Print)
By: (Signature)
By: (Signature
Name: Felix Pardo (Print)
Title: Architect (Print)
By: (Signature
Name: Dou las Deans (Print)
Title: Surve or (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
By: (Signature
Print)
Title:
By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-7 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.
MIAMI 3452650.1 80043/41289
NOTARIZATION PROVISION
STATE OF FLORIDA
BOUNTY OF MIAMI -DADE
Before me, the undersigned authority, personally appeared Salo Wagenberg, 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.
SALO WAGENBERG
SWORN TO AND SUBSCRIBED before me this _ day of , 2012.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Before me, the undersigned authority, personally appeared Stanley B Price, who bein rst by me worn, did s r or affirm that he /she executed this Affidavit
for the purposes stated therein and that it is true and correct
STANLEY B.P E
SWORN TO AND SUBSCRIBED before me this � � day of � ` c."--k 2012 — `— -
ELIZABETH ORTIZ
MY COMMISSION k EE 043223 Notary Putfic tate of
EXPIRES December 17, 2014 Printed Name of Notary
��'JFOrc oa`O Bonded TNu Budget Notary Services My commission expires'
STATE OF FLORIDA
.,OUNTY OF MIAMI -DADE
Before me, the undersigned authority, personally appeared Brian S. Adler, Affiant,vty be 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
BRIAN S. AD L R
SWORN TO AND SUBSCRIBED before me this 7 1 day of 4"0012.
sama,S l eloN R*9 nxu " oa°v 103'`r
f l0Z'Lt tegwaaa0 :S3dIdX3 a a P II to of F Q�
EZZE40 33 M NOISSIWW00 AW � '
ZL L80 H13W13 �,B' ' .o� Printed Name of Notary
�� �, My commission expires,
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
Before me, the undersigned authority, personally appeared Eric Singer, 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.
� r
ERIC SINGER
SWORN TO AND SUBSCRIBED before me this._IL day of 1,2012.
�o��. "•�•P. °A�%
ELIZABETH ORTIZ
* * MY COMMISSION fl EE 043223
EXPIRES: December 17,2W
�r +,,offtoo o� Bonded Thru Budget Notary S&Muk
MIAMI 3452650.1 80043/41289
9 10_�
N tary Pu ate of /�[ p2,�yq
�� 4-
Printed Name of Notary
My commission expires:
I� BUSINESS RELATIONSHIP AFFIDAVIT'
This Affidavit is made pursuant to Section 31- 71(bX2 #) of the City of Axenfura Land Development Code.. The undersigned Affiant hereby discloses that:
(mark with 'x° applicable portions only)
jXJ 1 AiTiant does 0 have a Business Relationship with any member o1 the City Commission or any City Advisory Board to which
the application will be presented.
(l 2. Affianl hereby disdoses Meth does h a Business Relationship with a rnernber of the City Commission or a City Advisory
Board to which the application will be presented, as tdlows:
(List name of Commissioner of Advisory Board Member) who serves on The
,_ (List City Commission or City Advisory Board upon which member serves).
The nature of the Business Retab=hlp Is as follows;
[1i
flit.
f 1 iii.
tliv
()vl.
Member of City Commission or Board holds an ownership interest in excess of 1% of Dotal assets or capital stock
of Applicani or Represerrtabve;
Member of City Commssion or Board is a pariner, oashareholder (as to shares of a corporation which are not
listed on any national or regional sW exchange) or joint venturer with the Appligni or Reptesenlalr a in any
business venlum-,
The Applicant or Representative is a Ciient of a rnember of the City Commission or Board or a CWM of another
processional wonting from the same office or for the same employer as the member of the City Commission or
Board:
A City Commissioner or Board mertrber is a Client of the App) wl or Refxesente6w,
The Applicant or Representative is a CuMmer of the member of the City Camminjon or Board for of his or her
amptoyer) and trarnects more than 510,000.04 of the busirauss of the member of the Clty Commission or Board (or
Ns or her employer) in a given calendar year;
The member of the City Commission or Board is a Customer of the Applicant or Represenlative and transacts
more than $25,000.01) of the business d the Applicant or Representative in a given calendar year.
WITNESS MY NAND TttIS2-/ DAY OF
APPLICANT REPRESENTATIVE:
By,
Name: ikiart S. Adler l
Title: Attomey I
8y: dswalure)
Name: Fenix ft* (Pyinf)
Tj*: Architect (Pent)
WITNESS MY HAND THIS ______ DAY OF
PROPERTY OWNER:
By; (Signature)
Name: Sato Waoenbem f ")
Title: Owner Renneeent�iYg .Rearsterer Apeni (Print)
2012.
sy: _ _ (Signeture)
Nerve: Dcwoles D"M FW1,10
Tare: survewor tAint)
,v`"fir�'�P
HE('TOR T/. RODitIGt�3
�tycawlflstar�O011leeett
fJ(PIHES: Aupusi 5, 2014
� *�a�yA�
Ba!�ThwsudAllrr4�sarion
`The terms Business Retabonship, "Client "Custowr,° Applicant,,' "Representative" and'Interested Pewff are detrned in
Sections 2 -395 of the Aveatura City Co*
MIAMI 3452650.1 80043;'41 289
WITNESS MY HAND THIS DAY OF
REPRESENTATIVE: (Listed on Business RelaSmOip Affidavit)
By:� -- (Signature)
Marne. Salo Wage po (Print)
Titre R2g_istered Anent (Print)
BY: (Sgnatwe)
Name:-- Brian S. Adler (Print)
By:
(Signature)
BY:
BY:
- (Srgr,ature)
Title_
(Print)
Tide:
fPriM)
BY:
(Signature)
-- _ (Signature
Title:
(PrIM)
Tiber,
{Print)
2412
BY'- " - - - (Signature
Name- Felix Pardo /Pant)
Tide: Architect_ (Print)
By. (Sirature
Name :_ DgWias Deans (Pant)
Tide: Engineer (Print)
By: . (Signature
Name: (PnW)
Title_ (Print)
By:
(Sipaturs
By:
By:-
-- _ (Signature
Tide:
Tice:
(Print)
Title:
- (Print)
By:
(Signature
Tide:
(Print)
Title_
(Phno
NOTE: 1) t)ss duplitde shssts if disdosum information for ReprmrMive vsrW
2) Applicants and Afliants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71 (b )(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 3452650A 8004 3+'412$9
VIAN TION PROVISIOhI
STATE OF FLORIDA It
COUNTY OF MIAMI-0ADE)
Beim me, the urrdersigtfed aulhD*, personaly appeared Salo Wagernberg. the Affiant. who bug fxst by me duy 110104. Ofd swear at a" that halshe axeimled
this AftavA for the puiposea abated therein and tnat A is true and correct
SWORN TO AND SUBSCRIBED before me hs - day of 20121
SALO WAGENBERG
NDtsry Public State of Florida At Large
Printed Name of Notery
* cornmemn expires. .
STATE OF FLOWDA 9
COUNTY OF f PA -DADE k
Belom me, the undersigned aulhorNy. personalty appeared Brian S. Adler, Aft it who be4 first M me day swam, 00 swear or Am ftl befshe ezmc @tie
Affidavit for ire purposes elated therein and that A is We and =7W,
BRIAN S. ADLER
SWORN TO ANC SUBSCRIBED before the th s _ day of 2012
Notary Pubic Stab of
PMW Name of Notary
My conrmtedlon expires.
STATE OF FLORIDA 1
COUNTY OF MIAMI DAOE} i
Setcoe me, the unttersigrted aAWAy, pemonaly appeared Mania tits Am Wno being Ant rAftw n ddip r p MM hill haf he this AfT�avit for the purposes slated therein and that ft 0 hue and correct. �y�. A m. )„
SWORN TO AND SUBSCRIBED before mo (hV ?. day of
Prirtbd " w gig=
E%PIRES: Aaphtt S, YOU
STATE OF FLORIDA }+� NNay>raMae
COUNTY OF MAMI -0ADE)
Betas f ne, the undersigned w0wily, personaay appeared f esx Pardo. Ate Affw. who being ftrst by me duly arum. did rmt a aft #W hafshe emmiled lids
Affidavit to the purposes staled hum and 1hal 4 Is Cue and correct
FELIX PARDO
SWORN TO AND SUBSCRIBED bstoreme this _ day of —,20*
Notary Public Slate ol Florida At Large
Printed Name of Notary w
My oomffftwn expires:
MIAMI 3452550,1 80043/41289
'� I�r =� 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)
JXJ 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:
Ill 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;
(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,
j J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF '2011.
APPLICANT REPRESENTATIVE:
By: (Signature)
Name: Brian S. Adler (Print)
WITNESS MY HAND THIS DAY OF
PROPERTY OWNER:
By: (Signature)
Name: Salo Wagenberg (Print)
Title Owner Representative Registered Anent (Print)
2012.
By: (Signature)
Name: Mariano Corral (Print)
Title: Landscape Architect (Print)
By. (Signature)
Name. Douglas Deans (Print)
Title: Surveyor (Print)
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3452650.1 80043/41289
WITNESS MY HAND THIS DAY OF
�,. REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature)
Name: Salo Wagenberq (Print)
Title: Registered Agent (Print)
By (Signature)
Name: Brian S. Adler (Print)
Title: Attorney_ (Print)
By:_
(Signature)
Name.
Mariano Corral (Print)
Title.
Landscam Architect (Print)
By:
(Signature)
By
(Signature)
Title:
(Print)
Title:
(Pant)
By:
(Signature)
Title:
(Print)
Title: (Pant)
2012
ature
By: (Signature
Name: Douglas Deans (Print)
Title: Engineer (Print)
By:
Name:
(Signature
(Print)
Title.
(Print)
By:
(Signature
By:
(Signature
Title
(Print)
Title
(Print)
By. (Signature
Title; (Pnnt)
Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
MIAMI 3452650.1 80043141289
NOTARIZATION PROVISION .
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Salo Wagenberg, 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 , 2012.
SALO WAGENBERG
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 Brian S. Adler, Affiant, who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is We and correct.
BRIAN S. ADLER
SWORN TO AND SUBSCRIBED before me this _ day of , 2012.
Notary Public State of
Printed Name of Notary
My commission expires
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personalty appeared Manano Corral, the Affiant, who being first by me duly swum, did swear or affirm that he /she executed
this Affidavit for the purposes stated therein and that it is true and correct
MARIANO CORRAL
SWORN TO AND SUBSCRIBED before me this _ day of , 2012.
Notary Public State of Florida At Large
Printed Name of Notary
STATE OF FLORIDA
My Commission expires.
)
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared Felix Pardo, the Affiant, who being fi me duly swom, did swear or affirm that he /she executed this
Affidavit for the purposes stated therein and that it is true and correct.
!}� �ELIX PARDO
SWORN TO AND SUBSCRIBED before me this ! day of ��012.
v _
Notary utrlic tat ri A L rge
RE Notary Public State of Florida � _-
z Printed Name of Notary
ion EED75786 1/2015 My commission expires: S 1 15
MIAMI 3452650 1 80043/41289
BUSINESS RELATIONSHIP AFFIDAVIT*
Zt,
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 ponlons only)
[XI 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
f j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
j 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,
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;
1 1 v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
(J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year,
WITNESS MY HAND THIS DAY OF , 2011.
APPLICANT REPRESENTATIVE:
By,
(Signature)
By: (Signature)
Name.
Brian S. Adler
(Print)
Name: Mariano Corral (Print)
Title:
Attorney
{Print)
Title: LandscaDe Archilec" (Print)
By
!Signature)
By. A����(Slgnatuire)
Name:
Felix Pardo
(Print)
Name: , WQ)g Quaris (Print)
Title
Architect
(Print)
Title: Surveyor (Print)
WITNESS MY HAND THIS
DAY OF
2012.
PROPERTY OWNER:
By: (Signature)
Name: Salo Waaenbera (Print)
Title: Owner Representative, Registered Aoent (Pent)
'The terms 'Business Relationship,' "Client," "Customer,' "Applicant, "Representative" and "Interested Person' are defined in
Section 2 -395 of the Aventura City Code.
MIAMI 3452650.1 80043/41289
WITNESS MY HAND THIS DAY OF
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature)
Name: Salo Waclenberq (Print)
Title: Registered Agent (Print)
By: (Signature)
Name: Brian S. Adler (Print)
Title: Attorney (Print)
By:
(Signature)
Name:
Mariano Corral (Print)
Title:
Landscape Architect (Pent)
By:
(Signature)
By:
(Signature)
Title:
(Print)
Title:
(Print)
By:
(Signature)
Title:
(Print)
Title:
(Print)
2012
By:
(Signature
Name: Felix Pardo
(Print)
Title: Archil t (Print)
By:
ignature
(Signature
Name: ouolas Deans
(Print)
Title: Surveyor
(Print)
BY
(Signature
Name:
(Print)
Title:
(Print)
By:
(Signature
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 AfTiants 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.
MIAMI 3452650. 1 80043/41289
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me, the undersigned authority, personally appeared Douglas Deans,
this Affidavit for the purposes stated therein and that it is true and correct
the Affiant, who r 6 by a du did swear or affirm that he/she executed
/yi f,41 DOUGLA NS
$WORN TO AND SUBSCRIBED before me this 17 day of fir?!!— , 2012
Notary Public State,,VrF At Large
Printed Name of Notary
My commission expires:
DEBORAH LYNN SHIMEL
`.; .• MY COMMISSION k DD 924543
' 11" Bonded RhruNotary ubNcUnderwrilers
Pft
MIAMI 34 52650.1 80043/41289
ORDINANCE NO. 2013-
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 0.51 ACRE PARCEL OF LAND LOCATED AT
20605 NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A,
FROM RS2, RESIDENTIAL SINGLE FAMILY DISTRICT TO RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Aventura 34th AV, LLC, through Application 01- REZ -13,
has applied to amend the Official Zoning Map of the City of Aventura by amending the
zoning designation of the parcel legally described in Exhibit A attached hereto, from
RS2, Residential Single Family District to RMF3A, Multifamily Medium Density
Residential District; and
WHEREAS the applicant has proffered to prepare and record a declaration of
restrictive covenants in a form satisfactory to the City Attorney, restricting density on the
parcel of land that is the subject of this rezoning request to no more than five (5)
residential dwelling units, and the City Commission of the City of Aventura ( "City
Commission ") has accepted such proffer; 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 held a public hearing and determined that the rezoning is
consistent with the applicable provisions of the City Comprehensive Plan; and
WHEREAS, the City Commission, sitting in its capacity as the governing body of
the City , has held the required public hearing upon the rezoning , duly noticed in
accordance with law; and
Ordinance No. 2013 -
Page 2
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 complies with the criteria
of Section 31 -77 of the Land Development Regulations of the City Code, and is
consistent with the Comprehensive Plan and the intended use of the land.
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 a 0.51
acre parcel of land located at 20605 NE 34 Avenue (Folio Number 28- 1235 - 010 -0010)
from RS2, Residential Single Family District, to RMF3A, Multifamily Medium Density
Residential District. (see Exhibit "A" for Legal Description)
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
Ordinance No. 2013 -
Page 3
part of the Code of the City of Aventura, and that the Official Zoning Map of the City shall
be revised so as to accomplish such intentions.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading, except that the amendment to the Official Zoning Map of the
City of Aventura as provided by Section 2 of this Ordinance (the" Rezoning ") , shall not
be effective until the expiration of a period of 31 days. If, prior to the expiration of the
foregoing 31 -day period, judicial review of the Rezoning is sought, the Rezoning shall not
be effective until all such judicial proceedings are either dismissed or otherwise
determined in favor of the validity of the Rezoning.
The foregoing Ordinance was offered by Vice Mayor Luz Weinberg, who moved
its adoption on first reading. This motion was seconded by Commissioner Joel, and
upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Howard Weinberg
yes
Vice Mayor Luz Urbaez Weinberg
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Ordinance No. 2013 -
Page 4
PASSED on first reading this 8th day of January, 2013.
PASSED AND ADOPTED on second reading this 5th day of February, 2013.
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 February, 2013.
CITY CLERK
Ordinance No. 2013 -
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL OF LAND
A parcel of land described as a portion of Tract "F" of First Addition Biscayne Yacht
and Country Club, according to the Plat thereof, as recorded in Plat Book 89 at Page
100 of the Public Records of Dade County (now Miami -Dade County), Florida, more
particularly described as follows:
Commence at the west % corner of Section 35, Township 51 South, Range 42 East,
City of Aventura, Miami -Dade County, Florida; Thence S02 °00'25 "E for 1.60 feet to
a point of curvature of a circular curve concave to the northwest; Thence along the
arc of said curve, having a radius of 1091.35 feet and a central angel of 10 °19'43" for
196.74 feet to a point on said curve; Thence S81 °40'42 "E on a line radial to the
point on curve for 50.00 feet to a point on the boundary of said Tract "F "; Thence
S08 019'18 "W for 1.69 feet to the point of beginning of said parcel of land; Thence
along the boundary of said Tract "F" for the following three (3) courses; (1) Thence
continue S08 019'18 "W for 96.00 fee to a point of curvature of a circular drive
concave to the northeast; (2) Thence along the arc of said curve, having a radius of
50.00 feet and a central angle of 90 000'00" for 78.54 feet to the point of tangency; (3)
Thence S81 °40'42 "E for 106.00 feet to a point on said boundary of Tract "F "; Thence
N08 °19'18 "E for 146.00 feet; Thence N81 °40'42 "W for 156.00 feet to the point of
beginning.
This also being the same parcel of land described as Tract "A" of " Aventura Villas ",
according to the Plat thereof, as recorded March 22, 2010 in Plat Book 168 at Page
67 of the Public Records of Miami -Dade County, Florida.
THE MIAMI HERALD 1 K—Herald —in
Weather MiamiHerald-eom /weather
Hl WEDNESDAY, DECEMBER 19,2012 1 SO
Two nan.,
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BY DAVID OVALLE
""t'" 'Nirs a A8'/n] :s w�ossESla. wndaaer.NS2a. w.baNEloyls. wnasNES10
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uprli— n] R Mil
NEWS
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Infomlal on 24 hours
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Service: 3D5.229-45 50
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305- 22470
e,}
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Austin Lee n was
wwnes
Wla W Nlna yw runs
making charged with making a
a � •�
A�wnd�wW `�
dneat to injure others after
% �
hesentaserlesoftweets,via
Bubxmtnae oeux
a M/® 3
llphone, after is princi-
pal made a safety o
I4 — o•ir r,a
r2.isiW w6 t n %61 p • r
F vur n.n.V
mint on the school's loud-
pd]I 1 p i
M' •
sr.r
x.v. .•
=odcM 9'� x i1 o<
He has been suspended.
s]a]
]/u x /ss x f��
v "'pi"'.
"'ni°'
m' a
Bowlin wrote he was go-
ing to "shoot up the school
" v�D a a] I In E` repo nx<e
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MIAMILAKES
Teen arrested for school Twitter threats
BY DAVID OVALLE
the
pity member;' said Miami- tures a photo of the infa- sages, the report said.
tlwdle@Miamiweneld.com
Dade Lt Rosanna Cordero- mous Columbine High A schools
In the wake of last week's
Stmz, a spokeswoman. shooting in Colorado. spokesman said Bowlin has
deadly school shooting in
In the arrest report, offs- Bowlin intended for his been suspended and staff
Connecticut, Miami -Dade
Gera noted that Bowlin, on Twitter followers and will recommend that the
police have arrested a
his Twitter account, lea- school staff to see the mes- tom be expelled.
16- year -old student at Mi-
ami Lakes Educational Cen-
ter who threatened on Twit-
ter to "shoot up this school
• Notice
this Friday."
Austin Lee n was
Safety Trust Fund
making charged with making a
Driver's Education
dneat to injure others after
Miami-Dd. County Is u ncing the availability of Driver's Education Safety Trust Fund, for eligible
hesentaserlesoftweets,via
orgenvatbns and actiiies.
llphone, after is princi-
pal made a safety o
Any public school system, or rot- for-profit poet, school, located in Miami -Dade County that off rs the
mint on the school's loud-
oppatunaytoleamtobivemaysJ ]mealedeof,lereat. Proatedriving schoolseemblimedprepely
speaker Monday morning.
for th purpose of cover education are not eligble .
He has been suspended.
Addtiona gent reGeirements include: t) cumcWum must include behind the wheel elyeriance; 2) the
Bowlin wrote he was go-
ing to "shoot up the school
drier's education must be offered to peak, as yell as public school motors, le Miami -Once County; 3)
this Friday. Prepare your-
self" and that he was "mak-
funds cennU be used for atlminbtraMdwerheetl soreness; and 4) the gantee(s) must agree to provide
epp]gpnote accouhaMlhylrepmting.
ingalistandcheckingit
The routine for submiadon of letters of interest is 5:DOP.M., Friday, January 4,2013, atthe LliemL
twice. We're about to see
Dade County Office of Management and Budget, G e s, Coordination, 111 NW tat Street 19th Floor
who gets shot up real nice,"
Miami, Florida 33128. The confect person M ale Driver's Education Safety Trust Fund, Theresa FNho,
cording to an arrest
mey be reached st 3053754742.
Mr.
Mimi Dade County ¢ nM Idle far any cesl ircurred by the applbara in responding to this solicitation,
He also wrote: "Yeah a
and a reserves the rght tp modify err amend the tleadlios schedule fa letters of imaeaL y A ¢deemed
bunch of little Idols died. I
could care less. And my
ery and in the best ihaest of Miami -Dade County The County also reserves the right to accept
school announced it like
any or ell appacations, to wave airy mina txMicelities or negulahies, and to award grants
mattes. safe. I could shoo[
the bean interest of Miam4Dede County, in the County's solo disaetnn. Funds are subject to the
[his school
approval by the Board of County Commissioners and the availability of funding in the Core
areasilyli
Miami -Dade police a[-
note discretion.
rested Bovelin late Monday
MlemLDade County a an egml opportunity employer and doss not discriminate based on qqe, gander,
and he has been released
ce, a disability
from juvenile detention. No
To request materiels in accessible formsl, sign language intenprelers, andror any attommodefion to
wa,pws were f d.
"This individual showed
pMkipm in any C—ly ponsored program or metal related to the Drivii Education Safety Trust
a pattern oC behavior that
Fund please cohocf AlphermeNe Moulin of 3053754503, five days in advance, to inside your request.
would be worrisome to any
TTYusers may elsoca7711( Florida Relay Service).
parents, teacher or Lrommu-
PUBLIC NOTICE
ca_),
Housing & Commercial Loan Committee Meeting
January 18. 2013, at 9:00 A.M.
The "of Miami Housing 8 Commercial Loan Committee (HCLC) will conduct a public meeting at City Hall, Commission Chembers,
3500 Pan American Drive, Miami, FL 33133 on January 18, 7013, at 900 AM, to discuss items related to general business, policies, and
to provide the public an opportunity m comment on funding amendments affecting the City's annual Action Plan for U.S. HUD 8 at City
funded programs. The proposed amendments and respective descriptions can be found at: www iniamlgoe.coMDOarmanA ydevelopmem
The approval by the HCLC, related to the proposed amendmentls), authon2es the City Manager to draft/amend the appropriate City of Miami
annual Acton Plan. Certain Items) may be available for public comment and review for a parent of no less than 30 days. The review, and
torment period begins on December 19, 2012 and ends on January 17, 2013. The proposed amendmentls) will be presented to the HCLC
for approval on January 1% 7D13. Draft copies will be available at the City of Miami, Department of Community 8 Economic Development
(DCEO), located at 444 SW 2nd Avenue, 2FL, Miami, R 33130. Comments to amerdmen(s) must he submitted in wri ing th the DCED address,
Ato1: Monica Bureau, and must be received no later than January 17, 2013. Interested individuals are encouraged to attend this meeting.
The meeting site is accessibleto the handicapped. Requests for special acmmmotlation(s) may be directed at 305. 416 -2U80, or 305 -468 -5402
TTYRN)I no later than 3 business days prior to the meeting day.
MO1147m8
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CITY OF AVENTURA
;; NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
Q APPLICATION FOR AMENDMENT
�'+rge,a+•`� TO OFFICIAL ZONING MAP
Public Notice Is hereby given that the City of Annt,ra Local Planning
Agency will meet in a public hearing an Tuesday, January 8, 2013
at 6:00 p.m. to make a recommendation regarding the adoption of
the following Ordinance:
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
0.51 ACRE PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A. FROM
RS2, RESIDENIIAL SINGLE FAMILY DISTRICr TO RMF3A,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT;
PROVIDING FOR SEVERABILRY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE
i
t
(Property location shown in dotted ouhme an map)
Immediately following 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 Ordinance and will
again consider the ahave described Ordinance for adoption after
second meaning on Tuesday, February 5, 2013 a16eDD p.m.
The Public Hearing will be held m the City Commission Chamber
at Cloy of Aamflum Government Center, 19200 West Country
Club Drive, Aid ntum, Florida, 33180. The proposed Ordinance
may be inspected by the pudic at the Office of the City Clerk,
19200 Wast Country Club Drive, Avernus, Florida. Interested ponies
may appear at the Pudic Hearing and be heard with respect m
Me proposed Ordi ence.
In sccardznde with the Americans with Disabilities Act of 1990, all
pawns who me disabled and who need special zccommodefians
m 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.
N a person Decides to appeal any decision made by the City
Commission with respect many matter considered at a meeting or
hearing, that person wail need a record of the proceedings and, for
such purpose, may need to ensure the a verbatim recant at the
proceedings Is made, which mom includes the testimony and
evidence upon which the appeal is M be based.
Teresa M. Soni MMC, City Clerk