03-05-2013City Commission
M.
Susan Gottlieb, Mayor
The City ®f
Eric M. Soroka, ICMA -CM
Eric S,,,k
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CityG7erlr
Enbar Cohen
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Teresa M. Soroka, MMC
Teri Holzberg
Billy Joel
CitrAttomey
Michael Stern
Weiss Scrota Helfrnan
Howard Weinberg
Pastoriza Cole & Boniske
Luz Urbaez Weinberg
MCH5,20136PM
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:
February 5, 2013 Commission Meeting
February 21, 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT
RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF-
WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER
BRIDGE NORTH TO THE MIAMI- DADEBROWARD COUNTY
LINE BY AND BETWEEN THE CITY OF AVENTURA AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION;
March 5, 2013
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL
YEAR ENDED SEPTEMBER 30 2012 AND THE LETTER
DATED FEBRUARY 19, 2013 ATTACHED HERETO AS
ATTACHMENT A
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 he cross - examined or to be sworn, your testimony will
be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the
Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence
of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the
Clerk.
A. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING
CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31- 144(f)(2)j. OF THE CITY CODE TO PERMIT
A SELF - SERVICE STORAGE FACILITY IN THE MO
(MEDICAL OFFICE) DISTRICT; GRANTING APPROVAL
OF VARIANCE FROM SECTION 31 -144 (f)(4)d.3. OF THE
CITY CODE TO PERMIT 29.7% OPEN SPACE, WHERE A
MINIMUM OF 33% OPEN SPACE IS REQUIRED BY
CODE; AND GRANTING APPROVAL OF VARIANCE
FROM SECTION 31- 144(f)(4)c. OF THE CITY CODE TO
PERMIT A 20 FOOT WIDE REAR YARD SETBACK,
WHERE A MINIMUM REAR YARD SETBACK OF 25
FEET IS REQUIRED BY CODE, FOR THE
REDEVELOPMENT OF THE SELF SERVICE STORAGE
FACILITY AT 21288 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF VARIANCE FROM SECTION 31 -145 (b)(5) h. OF THE
CITY CODE TO ALLOW COMMON OPEN SPACE OF
29.35 %, WHERE A MINIMUM 35% COMMON OPEN
SPACE IS REQUIRED BY CODE FOR THE TC1 (TOWN
CENTER) DISTRICT; VARIANCE FROM SECTION 31-
171(a)(6)a. OF THE CITY CODE TO ALLOW AN
EXISTING 8.4 FOOT AND AN EXISTING 8.5 FOOT WIDE
2
March 5, 2013
PARKING STALL, WHERE A MINIMUM PARKING
STALL WIDTH OF 9 FEET IS REQUIRED BY CODE;
VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY
CODE TO ALLOW AN EXISTING 4 FOOT AND 5 FOOT
SETBACK TO PARKING PAVEMENT, WHERE A
MINIMUM 10 FOOT SETBACK IS REQUIRED BY CODE;
VARIANCE OF SECTION 31- 221(1)(3) a.l. OF THE CITY
CODE TO ALLOW AN EXISTING 5 FOOT WIDE AND AN
EXISTING 6 FOOT WIDE TERMINAL ISLAND, WHERE A
MINIMUM TERMINAL ISLAND WIDTH OF 7 FEET IS
REQUIRED BY CODE; VARIANCE FROM SECTION 31-
221(i)(3)a.2. OF THE CITY CODE TO ALLOW PARKING
ROWS WITH MORE THAN NINE CONTIGUOUS
PARKING SPACES WITHOUT A LANDSCAPED ISLAND,
WHERE A MINIMUM OF ONE 7 FOOT WIDE
LANDSCAPED ISLAND FOR EVERY NINE PARKING
SPACES IS REQUIRED BY CODE; AND VARIANCE
FROM SECTION 31- 221(i)(3)a.2 OF THE CITY CODE TO
ALLOW AN EXISTING 0 FOOT WIDE, AN EXISTING 3.9
FOOT WIDE AND AN EXISTING 4.8 FOOT WIDE
DIVIDER MEDIAN, WHERE A MINIMUM 7 FOOT WIDE
DIVIDER MEDIAN IS REQUIRED BY CODE, FOR THE
TOWN CENTER AVENTURA PLAZA AT 2711 NE 187
STREET, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
7. ORDINANCES: FIRST READING— PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2011 -08 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2011/2012 FISCAL YEAR BY REVISING THE 2011/2012 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; ESTABLISHING THE
COMMITTED FUND BALANCE FOR
HURRICANE/EMERGENCY AND DISASTER RECOVERY
OPERATING RESERVES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING THE SALE AND PURCHASE AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PRESIDENTIAL
AVENTURA PROPERTIES, LLC FOR THE SALE OF CITY
REAL PROPERTY; AUTHORIZING THE CITY MANAGER TO
3
March 5, 2013
EXECUTE THE SALE AND PURCHASE AGREEMENT AND TO
EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE
THE SALE AND CLOSING OF THE CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES — SECOND READING — PUBLIC HEARING: None.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS
COMMISSION WORKSHOP MARCH 21, 2013 9AM EXEC. CONFERENCE ROOM
COMMISSION MEETING APRIL 2, 2013 6 PM COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may
be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission
with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305466 -8901.
kAl
MINUTES
CITY COMMISSION MEETING
FEBRUARY 5, 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 Vice Mayor
Luz Urbaez Weinberg at 6 p.m. Present were Commissioners Enbar Cohen, Teri
Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez
Weinberg, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David Wolpin. Mayor Susan Gottlieb was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Denise Pojomovsky
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Certificates of Appreciation for ten years of service to
the City were presented by Mr. Soroka to Johnny Cordero and Mary Smith.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Stern, passed unanimously and the
following action was taken:
A. The following minutes were approved:
January 8, 2013 Commission Meeting
January 17, 2013 Commission Workshop Meeting
B. Resolution No. 2013 -04 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
C. The following motion was approved:
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.
D. Resolution No. 2013 -05 was adopted as follows:
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. Resolution No. 2013 -06 was adopted as follows:
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. Resolution No. 2013 -07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
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. Resolution No. 2013 -08 was adopted as follows:
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. Resolution No. 2013 -09 was adopted as follows:
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
2
TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL
A VACANCY; AND PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2013 -10 was adopted as follows:
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.
Vice Mayor Luz Weinberg and Mr. Soroka presented Certificates of Appointment to the
newly appointed members of the Community Services Advisory Board.
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: None.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Wolpin reviewed the
quasi - judicial procedures for this item and 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
3
Mrs. Soroka administered the oath to those parties interested in speaking to this
item. A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Holzberg. Ms. Carr addressed the Commission. Vice Mayor
Weinberg 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 -02 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Sheryl Losos, Marina Cove, Krop Senior High School.
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 6:15 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
4
CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor
Susan Gottlieb. Present were Commissioners 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.
1. POLICE RADIO SYSTEM UPGRADE PROJECT (City Manager): Lt. Tom
Labombarda advised the Commission of this project and its necessity.
CITY MANAGER SUMMARY: Consensus to approve and provide for budget
amendment legislation.
2. AVENTURA WATERWAYS MULTI -USE DEVELOPMENT (NE 207 ST AND ne
30 AVE): Developer Victor Ballestas, Architect Bernard Zyscovich and Attorney
Jeffrey Bercow requested Commission establish a new mixed use zoning
category to provide for proposed development of this property.
CITY MANAGER SUMMARY: Consensus that residential units not exceed 125
and Developer resubmit proposal, if desired, to decrease his residential
component accordingly.
3. REQUEST TO ATTEND MIAMI -DADE DAYS IN TALLAHASSEE
(Commissioner Howard Weinberg). Commission Howard Weinberg requested
that the City fund his participation in this event.
CITY MANAGER SUMMARY: Consensus not to fund.
Mr. Soroka requested and received consensus to change the May Workshop
meeting to May 16, 2013 at 9 a.m.
4. ADJOURNMENT: There being no further business to come before the
Commission at this time, the meeting adjourned at 11 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
y Of
MINUTES
CITY COMMISSION Aventura Government Center
WORKSHOP MEETING 19200 W. Country Club Drive
FEBRUARY 21, 2013 9am 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.
1. POLICE RADIO SYSTEM UPGRADE PROJECT (City Manager): Lt. Tom
Labombarda advised the Commission of this project and its necessity.
CITY MANAGER SUMMARY: Consensus to approve and provide for budget
amendment legislation.
2. AVENTURA WATERWAYS MULTI -USE DEVELOPMENT (NE 207 ST AND ne
30 AVE): Developer Victor Ballestas, Architect Bernard Zyscovich and Attorney
Jeffrey Bercow requested Commission establish a new mixed use zoning
category to provide for proposed development of this property.
CITY MANAGER SUMMARY: Consensus that residential units not exceed 125
and Developer resubmit proposal, if desired, to decrease his residential
component accordingly.
3. REQUEST TO ATTEND MIAMI -DADE DAYS IN TALLAHASSEE
(Commissioner Howard Weinberg). Commission Howard Weinberg requested
that the City fund his participation in this event.
CITY MANAGER SUMMARY: Consensus not to fund.
Mr. Soroka requested and received consensus to change the May Workshop
meeting to May 16, 2013 at 9 a.m.
4. ADJOURNMENT: There being no further business to come before the
Commission at this time, the meeting adjourned at 11 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
ME
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, Cit,*Manaler
DATE: February 6, 2013
SUBJECT: Resolution Declaring Equipment Surplus
March 5, 2013 Commission Meeting Agenda Item 5D
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
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-.
Page 2
PASSED AND ADOPTED this 5t" day of March, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROW.-Sk n Stec erg, Chief of Police
DATE: 6 February 2013
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
2007 Ford Crown Victoria
VIN# 2FAFP71WX7X136851
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
91k
TO: Eric M. Soroka, City Mnacter
FROM: Karen J. Lanke, Infdfmatign Technology Director
DATE: February 21, 2013
SUBJECT: Surplus Computer Equipment
I am requesting that the computer equipment listed on the attached spreadsheet be
declared surplus property as the equipment no longer meets the needs of the City.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Exhibit A
Asset
Tag
Brand
Model
Oty
Serial Number
Type
Dell
O ti lex 745
1
28Q3QD1
Desktop
Dell
O ti lex 755
1
6NNQGHI
Desktop
Dell
O ti lex 755
1
8YDRXFI
Desktop
Dell
O ti lex 755
1
94FNGH1
Desktop
Dell
O ti lex 755
1
FSTTCHI
Desktop
Dell
O ti lex 760
1
1 SYSTKI
Desktop
Dell
O ti Iex 760
1
72S4WK1
Desktop
Dell
O ti Iex 760
1
9TH5WK1
Desktop
Dell
O ti lex 760
1
DTH5WK1
Desktop
1676
Dell
O ti lex GX260
1
4WRCY21
Desktop
2434
Dell
O ti lex GX620
1
8NBLV71
Desktop
Dell
O ti lex GX620
1
8WHKWB1
Desktop
2803
Dell
O ti lex GX620
1
94X5WB1
Desktop
Dell
Latitude D630
1
1BONGH1
Laptop
Dell
Latitude D630
1
5DONGHI
Laptop
Dell
Latitude D630
1
5VJOWD1
Laptop
Dell
Latitude D630
1
7VJOWD1
Laptop
Dell
Latitude D630
1
GHZ82D1
Laptop
Dell
Latitude D630
1
HBONGH1
Laptop
Dell
Latitude E6400
1
12L6WKI
Laptop
Dell
Latitude E6400
1
22L6WK1
Laptop
Dell
Latitude E6400
1
4MOQRKI
Laptop
Dell
Latitude E6400
1
73L6WK1
Laptop
Dell
Latitude E6400
1
91L6WK1
Laptop
Dell
Latitude E6400
1
C3L6WK1
Laptop
Dell
1504FP
1
KR03X966476022C2D15C
Monitor
ViewSonic
O ti uest Q41
1
701004200504
Monitor
Okidata
Microline 590
1
905B1043860
Printer
2385
Dell
PowerEd a 1850
1
8CL1961
Server
Dell
PowerEd a 1950
1
91Q6WB1
Server
Dell
PowerEd a 1950
1
1 FY01HH1
Server
1902
Dell
PowerEd a 2650
1
2LWFB31
Server
Dell
PowerEd a 2850
1
64BCK81
Server
Dell
PowerEd a 2950
1
8VG8QD1
Server
APC
Back -UPS LS 500
1
4B0501 P85145
UPS
APC
Back -UPS RS800
1
3B0928X28459
UPS
APC
Back -UPS RS800
1
5B0724U19915
UPS
APC
Back -UPS RS800
1
5B0725U00104
UPS
APC
Back -UPS RS800
1
5B0725U00165
UPS
APC
Back -UPS RS800
1
5B0725U10439
UPS
APC
Back -UPS RS800
1
5B0844T25128
UPS
Page 1 of 1 2/21/2013
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: -3 einberg, Chief of Police
DATE: 22 February 2013
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
Veh # VIN Make & Model
2007 2 Ford Crown
Victoria
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -C
DATE: February 8, 2013
SUBJECT: Renewal of FDOT Landscape Maintenance Contract for Biscayne
Boulevard
March 5, 2013 City Commission Meeting Agenda Item 5-C.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the renewal of the attached contract with the Florida Department of Transportation
(FDOT) for landscape maintenance along Biscayne Boulevard from the Oleta River
Bridge to the County line. The original renewal contract was authorized by Resolution
2012 -19.
FDOT will reimburse the City in the amount of $12,670.29 per year.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1794 -13
Florida Department of Transportation
RICK SCOTT 1000 NW I 1 I Avenue ANANTH PRASAD, P.E.
GOVERNOR Miami, FL 33172 SECRETARY
January 29, 2013
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Attn: Mr. Eric M. Soloca, City Manager
RE: Turf and Landscape Maintenance Joint Participation Agreement
Contract No.: AQP77
Financial No.: 407334- 2 -78 -02
Subject: RENEWAL# 1
Dear Mr. Soloca:
The Agreement referenced above will expire on July 12, 2013. The Department
wishes to renew this agreement for a period of one year starting on July 13, 2013
and ending on July 12, 2014. If the City agrees on this renewal, enclosed are two
(2) new contract renewal documents to execute. Please leave the date blank on
the first page and return the executed documents back to the Department before
March 1, 2013.
Should you have any questions concerning this agreement, please contact me at
telephone number (305) 470 -5426
Sincerely,
Shany lanotti
Assistant Project Manager
cc: R. Marrero, PE, K. AI -Said, File RECEIVED
JAN 3 1 2013
OFFICE OF
CITY L;�
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI -
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached Contract
Renewal by and between the City of Aventura and the Florida Department of
Transportation to provide landscape maintenance services on the Florida Department of
Transportation Right -of -way on Biscayne Boulevard from the Oleta River bridge north to
the Miami - Dade /Broward County line.
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 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 March, 2013.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Contract No.: AQP 77
Financial Project No(s).:
County(ies): MIAMI -DADE
407334- 2 -78 -02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONTRACT RENEWAL
Renewal: (1st, 2nd, etc.) 1st
375 -020-23
CONTRACTS ADMINISTRATION
OGC - 04/06
This Agreement made and entered into this13 day of July 2012 , by and between the State of
(This date TO D6 enieTe Dy DUr C1717.7-
Florida Department of Transportation, hereinafter called "Department ", and City of Aventura
hereinafter called "Contractor ".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on this day of
(This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform Maintenance of all Turf
and Landscape areas within the Department's right of way, having the limits specified in Attachment "B" of the
inal Contract.
; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement for a period beginning the 13 day of
July 2013 and ending the 12 day of July 2014
at a cost of $ 12,670.29
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
City of Aventura
Name of Contractor
Contractor Name and Title
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary or Designee (Signature)
BY: Title:
Authorized ignature
(SEAL) Legal:
Name of Surety
City
By
State Fiscal:
Florida Licensed Insurance Agent or Date
Attorney -In -Fact (Signature)
Countersigned:
Florida Licensed Insurance Agent Date
Approval as to Availability of Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -040-68
E- VERIFY
PROCUREMENT
Contract No: AQP 77
Financial Project No(s): 407334- 2 -78 -02
Project Description: Turf and Landscape Maintenance Joint Participation
Agreement.
Vendor /Consultant acknowledges and agrees to the following:
Vendor /Consultant :
1. shall utilize the U.S. Department of Homeland Security's E- Verify system to
verify the employment eligibility of all new employees hired by the
Vendor /Consultant during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E- Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
Company /Firm: City of Aventura
Authorized Signature:
Title:
Date:
Contract No.: AQP 77
Financial Project No(s).: 407334- 2 -78 -02
County(ies): MIAMI -DADE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONTRACT RENEWAL
Renewal: (1st, 2nd, etc.) 1st
375- 020 -23
CONTRACTS ADMINISTRATION
OGC - 04/06
This Agreement made and entered into this13 day of July 2012 , by and between the State of
(This date to 56 ellierea uy DUT Orn9-j-
Florida Department of Transportation, hereinafter called "Department ", and City of Aventura
hereinafter called "Contractor'.
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on this day of
(This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform Maintenance of all Turf
and Landscape areas within the Department's right of way, having the limits specified in Attachment "B" of the
ioinal Contract.
; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement for a period beginning the 13 day of
July 2013
at a cost of $ 12,670.29
and ending the 12 day of July
, 2014
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
City of Aventura
Name of Contractor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Contractor Name and Title
BY: Title:
Authorized ignature
District Secretary or Designee (Signature)
(SEAL) Legal:
Name of Surety
City
S
State
Florida Licensed Insurance Agent or Date
Attorney -In -Fact (Signature)
Countersigned:
Florida Licensed Insurance Agent Date
Fiscal:
Approval as to Availability of Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 - 040-68
E- VERIFY PROCUREMENT
06/11
Contract No: AQP 77
Financial Project No(s): 407334- 2 -78 -02
Project Description: Turf and Landscape Maintenance Joint Participation
Agreement.
Vendor /Consultant acknowledges and agrees to the following:
Vendor /Consultant :
1. shall utilize the U.S. Department of Homeland Security's E- Verify system to
verify the employment eligibility of all new employees hired by the
Vendor /Consultant during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E- Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
Company /Firm: City of Aventura
Authorized Signature:
Title:
Date:
CONTRACT #
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF AVENTURA
This Agreement, is made and entered into this day of , 2012, by and
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the `DEPARTMENT', and the City of Aventura, a municipal
corporation of the State of Florida, hereinafter referred to as the `CITY'.
RECITALS•
WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road (S.R.)
5/13iscayne Boulevard/US -1 in the CITY; and
WHEREAS, the DEPARTMENT, as part of the continual updating of the State of
Florida Highway System and for the purpose of safety, has created median strips on the State
Highway System within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT, at the CITY's request, has agreed to reimburse the
CITY for the maintenance of turf and landscape, hereinafter referred to as the `PROJECT', and
WHEREAS, the CITY recognizes that said median strips areas contain turf and
landscape, which shall be maintained in accordance with Exhibit "A ", `Maintenance
Responsibilities', which is herein incorporated by reference; and
WHEREAS, the CITY is currently under maintenance obligations as stipulated in Permit
Number 2001 -L -691 -2 executed by the Department on November 1, 2001; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 407334- 2- 78 -02, and has agreed to reimburse the CITY for turf and
landscape maintenance elements which are outlined in the attached Exhibit "B", `Project Limits
& Financial Summary', which is herein incorporated by reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 4073342 -78 -02
Page 1 of 12
the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its CITY Commission for ratification or
approval by resolution. A copy of said resolution is attached hereto as Exhibit
"C ", `City of Aventura's Resolution', and is herein incorporated by reference.
b. The CITY shall not commence the PROJECT until a Notice to Proceed has been
provided from the DEPARTMENT, which shall become the effective date of this
Agreement and shall not precede the date provided on page one (1) of the
Agreement.
c. The CITY shall be responsible for the maintenance of all areas that have turf and
landscape within -the DEPARTMENT's right -of -way as described in Exhibit "A ",
`Maintenance Responsibilities'.
d. The CITY shall. be responsible for performing the required maintenance with a
minimum frequency of eighteen (18) times per year for: Small Machine Mowing,
Litter Removal, and Edging & Sweeping and Landscape Maintenance.
e. All turf and landscape maintenance shall be in accordance with the latest edition
of the State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program ", and Index 546 of the latest FDOT Design
Standards.
f. The CITY shall submit a work schedule to the DEPARTMENT. In addition,
before the CITY starts the work, the DEPARTMENT shall be notified, via fax, of
the state road(s) and the day(s) in which the CITY will be working. The fax shall
be sent to the attention of the North Miami -Dade Maintenance Engineer, at 305-
640 -7197.
g. The CITY shall not be responsible for the clean-up, removal and disposal of
debris from the DEPARTMENT's right of way following a natural disaster (i.e.
hurricane, tornados, etc.). However, the cost of any cycle or part thereof impaired
by any such event may be deducted from the DEPARTMENT's affected quarterly
payment to the CITY.
h. It is understood between the parties hereto that all the landscaping covered by this
Agreement may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334 -2 -7M2
Page 2 of 12
The CITY shall not plant additional landscaping within the limits of the
PROJECT, without prior written approval by the DEPARTMENT, in accordance
with Florida Administrative Code Rule 14- 40.003. Such approval shall be in the
form of a separate written agreement that will require the CITY to properly
construct and maintain the additional landscaping without compensation from the
DEPARTMENT.
j. This Agreement shall not obligate the DEPARTMENT to pay the CITY to
maintain any additional landscaping, planted after the effective date of this
Agreement, within the limits of the PROJECT, and shall not obligate the CITY to
maintain any such additional landscaping.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed TWELVE THOUSAND SIX
HUNDRED SEVENTY DOLLARS AND TWENTY NINE CENTS
($12,670.29), as outlined in Exhibit `B ", `Project Limits & Financial Summary'.
b. The DEPARTMENT agrees to pay the CITY for the herein described services at a
compensation as detailed in this Agreement.
c. The CITY shall furnish the services with which to maintain the PROJECT
LIMTS. Said PROJECT consists of services as detailed in Exhibit "A" of this
Agreement.
d. Payment shall be made only after receipt and approval of goods and services
unless advanced payments are authorized by the DEPARTMENT's Comptroller
under Section 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14), F.S.
e. The CITY shall provide the following quantifiable, measurable and verifiable
units of deliverables. Each deliverable must specify the required minimum level
of service to be performed and the criteria for evaluating successful completion.
Said deliverables consists of
i. Small Machine Mowing
ii. Litter Removal
iii. Edging and Sweeping
iv. Landscape Maintenance
f. Invoices shall be submitted by the CITY in detail sufficient for a proper pre -audit
and post audit thereof, based on the quantifiable, measurable and verifiable units
of deliverables as established in Section c above and Exhibit `B ". Deliverables
must be received and accepted in writing by the DEPARTMENT's Project
Manager prior to payments.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334-2 -7"2
Page 3 of 12
g. Supporting documentation must establish that the deliverables were received and
accepted in writing by the CITY and that the required minimum level of service to
be performed based on the criteria for evaluating successful completion as
specified in Section a has been met.
h. Travel costs will not be reimbursed.
i. The CITY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher)
to the Department of Financial Services. The twenty (20) days are measured from
the latter of the date the invoice is received or the goods or services are received,
inspected, and approved.
j. If a payment is not available within forty (40) days, a separate interest penalty at a
rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in
addition to the invoice amount, to the CITY. Interest penalties of less than one
(1) dollar will not be enforced unless the CITY requests payment. Invoices have
to be returned to the CITY because of CITY preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the DEPARTMENT.
k. A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for the CITY
who may be experiencing problems in obtaining timely payment(s) from a state
agency. The Vendor Ombudsman may be contacted at 850- 413 -5516 or by
calling the Department of Financial Services Hotline 1- 877 - 693 -5236.
1. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the
period of this Agreement and for five (5) years after final payment is made.
Copies of these documents and records shall be furnished to the DEPARTMENT
upon request. Records of costs incurred include the CITY's general accounting
records and the project records, together with supporting documents and records,
of the contractor and all subcontractors performing work on the project, and all
other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
m. In the event this contract is for services in excess of $25,000.00 and a term for a
period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are
hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 4 of 12
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
n. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
o. The CITY:
i. Shall utilize the U.S. Department of Homeland Security's E -Verify system
to verify the employment eligibility of all new employees hired by the
CITY during the term of the contract; and
V,
11.., ii., .Shall expressly require. any subcontractors performing work or providing
services pursuant to the state contract to. _ likewise utilize the U.S.
Department 'of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
.,during the contract term.
-4. COMMUN-ICAT'� ONS
All notices, requests, demands, consents, approvals, and other communication which are
required to be served or given hereunder, shall be in writing and shall be sent by certified
U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such
notices as follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW 111th Avenue, Room 6205
Miami, FL 33172 -5800
Attention: District Maintenance Engineer
To CITY: City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Attention: CITY Manager
Notices shall be deemed to have been received by the end of five (5) business days from the
proper sending thereof unless proof of prior actual receipt is provided.
5. INVOICING
a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval,
and payment in accordance with this Agreement. Quarterly payments will be
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 5 of 12
made upon invoice approval in an amount not to exceed one fourth of the eligible
PROJECT costs. Each invoice shall include proof that the areas under this
Agreement were maintained using specified frequencies, at minimum. The
supporting documents showing proof of work can be properly executed payroll, or
time records, or Contractor's invoices, or vouchers evidencing in proper detail the
nature and propriety of the charges.
b. In the event temporary work by the DEPARTMENT's forces or by other
Contractors temporarily prevent the CITY from performing the work described in
this Agreement, the DEPARTMENT shall deduct from the affected quarterly
payment(s) the acreage affected area and only compensate the CITY for the actual
work it performs.
i. The DEPARTMENT shall initiate this procedure only if the temporary
work prevents the CITY from performing it work for a period of one (1)
month or longer.
c. In the event this Agreement is terminated as established in Section 8 herein, no
payment will be prorated for the quarter in which termination occurs.
6. MAINTENANCE DEFICIENCIES
If the District Maintenance Engineer determines that the CITY is not accomplishing its
responsibilities under this Agreement, said District Maintenance Engineer may issue written
notice, in care of the CITY on notice thereof. Thereafter, the CITY shall have a period of
thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said
deficiencies are not corrected within this time period the DEPARTMENT may, at its option,
proceed as follows:
a. Maintain the median or roadside area(s) declared deficient with DEPARTMENT
and/or a Contractor's material, equipment and personnel. The actual cost for such
work will be deducted from the DEPARTMENT's affected quarterly payment to
the CITY; or
b. Terminate this Agreement.
7. EXPIRATION/RENEWAL
This Agreement is for a term of one (1) year beginning on the date provide in the Notice to
Proceed; and may be renewed twice, only if mutually agreed to in writing by the
DEPARTMENT and the CITY. Any such renewal shall be subject to the same terms and
conditions set forth in this Agreement, and shall be contingent upon both satisfactory CITY
performance evaluations by the DEPARTMENT and the availability of funds.
This Agreement may be extended if mutually agreed in writing by both parties, for a period
not to exceed six (6) months and shall be subject to the same terms and conditions set forth in
this Agreement. There shall be only one (1) extension of this Agreement.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 4073342 -78 -02
Page 6 of 12
8. TERMINATION
This Agreement, or part hereof, is subject to termination under any one of the
following conditions:
a. In the event the DEPARTMENT exercises the option identified by Section 6 of
this Agreement.
b. As mutually agreed by both parties.
c. In accordance with Section 287.058(1)(c), F.S., the DEPARTMENT shall reserve
the right to unilaterally cancel this Agreement if the CITY refuses to allow public
access to any or all documents, papers, letters, or other materials made or received
by the CITY pertinent to this Agreement which are subject to provisions of
Chapter 119, of the F.S.
9. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties hereto, and it
may be modified or amended only by mutual consent of the parties in writing.
10. GOVERNING LAW
This Agreement shall be governed and construed in accordance. with the laws of the State of
Florida.
11. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY
expressed in writing, executed and delivered by each party.
12. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, if such remainder continues to
conform to the terms and requirements of applicable law.
13. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY
shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers,
agents, representatives and employees from any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys
fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever
caused by, arising out of, or related to the CITY'S exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including but not limited to, any act, action,
neglect or omission by the CITY, its officers, agents, employees or representatives in any
way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 7of12
any of its officers, agents, employees or representatives will be liable under this provision for
damages arising out of injury or damages directly caused or resulting from the sole
negligence of the DEPARTMENT.
The CITY'S obligation to indemnify, defend and pay for the defense of the DEPARTMENT,
or at the DEPARTMENT'S option, to participate and associate with the DEPARTMENT in
the defense and trial of any claim and any related settlement negotiations, shall be triggered
immediately upon the CITY'S receipt of the DEPARTMENT'S notice of claim for
indemnification. The notice of claim for indemnification shall be deemed received if the
DEPARTMENT sends the notice in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the
CITY of a claim shall not release the CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and fees related to this obligation and its enforcement by the
DEPARTMENT. The indemnification provisions of this section shall survive termination or
expiration of this AGREEMENT, but only with respect to those claims that arose from acts
or circumstances which occurred prior to termination or expiration of this AGREEMENT.
The CITY'S evaluation of liability or its inability to evaluate liability shall not excuse the
CITY'S duty to defend and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically
finding the Department was solely negligent shall excuse performance of this provision by
the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF AVENTURA:
BY:
CITY MANAGER
ATTEST:
(SEAL)
CITY CLERK
CITY ATTORNEY
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
Director, District Transportation
Operations
ATTEST:
(SEAL)
LEGAL REVIEW:
EXECUTIVE SECRETARY
DISTRICT CHIEF COUNSEL
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 8of12
Exhibit "A"
Maintenance Responsibilities
The CITY shall be responsible for the maintenance of all turf and landscape areas within the
DEPARTMENTS right of way on S.R. 5/Biscayne Boulevard/US -1, in accordance with all
applicable DEPARTMENT guidelines, standards, and procedures, which shall include but
shall not be limited to the Maintenance Rating Program Handbook, as may be amended from
time to time. Additionally, the CITY shall maintain the all turf and landscape areas in
accordance with the International Society of Arboriculture standards, guidelines, and
procedures, as may be amended from time to time. The CITY'S maintenance obligations
shall include but not be limited to:
a. Mowing, cutting and/or trimming and edging the grass and turf.
b. Pruning all plant materials, which include trees, shrubs and ground covers, and
parts thereof.
C. Maintaining existing decorative bricks, mulch and other aesthetic features
currently found within these corridors.
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
maintain the current landscape and turf in its current healthy condition.
e. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right -of -way.
f. Removing and disposing of all undesirable vegetation including but not limited to
weeding of plant beds and removal of invasive exotic plant materials.
g. Removing and properly dispose of dead, diseased or otherwise deteriorated plants
in their entirety.
h. Removing and disposing of all trimmings, roots, branches, litter, and any other
debris.
i. Submitting Lane Closure Requests to the DEPARTMENT when maintenance
activities will require the closure of a traffic lane in the DEPARTMENT'S right -
of -way. Lane closure requests shall be submitted through the District Six Lane
Closure Information System, to the DEPARTMENT's area Permit Manager and
in accordance with the District Six Lane Closure Policy, as may be amended from
time to time.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project# 407334 -2 -78-02
Page 9 of 12
FDOT Financial Project Number: 407334- 2 -78 -02
County: Miami -Dade
FDOT Project Manager: Alex Perez, P.E. 305 -640 -7197
CITY Project Manager: Mr. Eric M. Soroka, City Manager
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 10 of 12
Exhibit "B"
Project Limits & Financial Summary
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $12,670.29
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 11 of 12
Exhibit "C"
City of Aventura's Resolution
To be herein incorporated once approved by the CITY Commission.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334 -2 -78-02
Page 12 of 12
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City Manager
BY: Brian K. Raducci, Finance Director
DATE: February 25, 2013
SUBJECT: Comprehensive Annual Financial Report (CAFR)
Fiscal Year Ended September 30, 2012
March 5, 2013 City Commission Meeting Agenda Item S
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion to accept for filing of the Comprehensive Annual Financial
Report (CAFR) for the fiscal year ended September 30, 2012 and
the letter dated February 19, 2013 attached hereto as Attachment
A."
Background
The CAFR, a letter from our independent auditors — Keefe, McCullough & Co.,
LLP dated February 19, 2013 and a staff - prepared memorandum were
distributed to the City Commission on February 25, 2013.
The Rules of the Auditor General, Chapter 10.550, require that the CAFR be
filed as an official record at a public meeting. This motion satisfies that
requirement. In addition, the auditors have requested that their letter dated
February 19, 2013, identified as "Attachment A" on the staff - prepared
memorandum, be accepted for filing with the City Commission.
A representative from the auditing firm will be present at the March 5th City
Commission meeting. However, since the CAFR is the City's responsibility, I
respectfully request that any questions be discussed with the City Manager prior
to the meeting.
BKR /bkr
ATTACHMENT A
A LETTER FROM OUR INDEPENDENT AUDITORS - KEEFE, MCCULLOUGH & CO., LLP
DATED FEBRUARY 19, 2013
Keefe, McCullough & Co., LLP
Certified Public Accountants
February 19, 2013
To the Honorable Mayor,
Member of the City Commission and City Manager
City of Aventura, Florida
We have audited the financial statements of the governmental activities, the business -type activities,
each major fund and the aggregate remaining fund information of the City of Aventura, Florida (the
"City"), for the year ended September 30, 2012. However, we did not audit the financial statements of
the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, which represent 100% of the
total assets and the total revenues of the fiduciary funds. Those financial statements were audited by other
auditors whose reports have been furnished to us. Professional standards require that we provide you with
information about our responsibilities under generally accepted auditing standards and Government
Auditing Standards, as well as certain information related to the planned scope and timing of our audit.
We have communicated such information in our engagement letter to you dated November 19, 2012.
Professional standards also require that we communicate to you the following information related to our
audit.
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The
significant accounting policies used by the City are described in Note 1 to the financial statements. No
new accounting policies were adopted and the application of existing policies was not changed during the
current year.
We noted no transactions entered into by the City during the year for which there is a lack of
authoritative guidance or consensus. There are no significant transactions that have been recognized in the
financial statements in a different period than when the transaction occurred.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ significantly
from those expected. The most sensitive estimates affecting the City's financial statements were as
follows:
• Defined Benefit Pension Plan - The net pension asset is calculated as the difference
between the annual required contribution and the actual contributions made by the City.
The City with input from its pension actuary developed the actuarial assumptions based
on relevant criteria. Management reviewed and approved the financial statement
estimates derived from the pension actuarial report.
• Depreciation of capital assets - Depreciation is provided on a straight -line basis over
the respective estimated useful lives ranging from 3 to 40 years. The City has
informed us they used all relevant facts available to them at the time of acquisition to
make the best judgments about the depreciation methods and estimated useful lives of
capital assets.
6550 N. Federal Highway M Suite 410 '�' Fort Lauderdale, FL 33308 " " 954.771.0896 14 954.938.9353 (F) t� www.kmccpa.com
City of Aventura, Florida - 2 -
February 19, 2013
Net OPEB Obligation - In Florida, state statutes require that the employer make health
insurance coverage available to retirees at the employer's group rate. This creates an
implicit cost arising as a result of the blended rate premium since retiree health care
costs, on average, are higher than those of active employee healthcare costs. In
addition, the City's policy is to pay those premiums for certain department directors at
retirement. The City obtained an actuarial valuation to record its estimated cost and
liability in accordance with the requirements of GASB Statement No. 45, Accounting
for Financial Reporting by Employers for Post - Employment Benefits Other than
Pensions (OPEB).
We evaluated the key factors and assumptions used by management to develop and report the above
significant estimates in determining that they are reasonable in relation to the financial statements taken as
a whole.
Difficulties Encountered in Performing the Audit
We encountered no difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during
the audit, other than those that are trivial, and communicate them to the appropriate level of management.
There we no such misstatements identified during our audit.
In addition, we are responsible to communicate adjustments made to the financial statements arising
from our auditing procedures that could, in our judgment, have a significant effect on your current
financial reporting /process. There were no such adjustments identified during our audit.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a
financial accounting, reporting or auditing matter, whether or not resolved to our satisfaction, that could
be significant to the financial statements or the auditors' report. We are pleased to report that no such
disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management
representation letter dated February 19, 2013.
Management Consultations with Other Independent Auditors
In some cases, management may decide to consult with other accountants about auditing and
accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation
involves application of an accounting principle to the City's financial statements or a determination of the
type of auditors' opinion that may be expressed on those statements, our professional standards require the
consulting accountant to check with us to determine that the consultant has all the relevant facts. To our
knowledge, there were no such consultations with other accountants.
City of Aventura, Florida -3 -
Other Audit Findings or Issues
February 19, 2013
We are to discuss with the City Commission any major issues discussed with management in
connection with our retention as auditors, including the application of accounting principles or auditing
standards. There were no issues discussed with management in connection with our retention as auditors.
This information is intended solely for the use of the City Commission and management of the City
and is not intended to be and should not be used by anyone other than these specified parties.
We would be pleased to discuss any questions that you may have.
Kee�e, 7/11c Cu%lou�h & e.,1-47'
KEEFE, McCULLOUGH & CO., LLP
COMPREHENSIVE ANNUAL FINANCIAL REPORT
OF THE
CITY OF AVENTURA, FLORIDA
FOR THE YEAR ENDED
SEPTEMBER 30, 2012
1
t
Prepared By
The Finance Department
Brian K. Raducci, Finance Director
Brent Rogers, Controller
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
September 30, 2012
PAGES
INTRODUCTORY SECTION:
Letter of Transmittal
i -lv
List of Principal Officials
v
Organizational Chart
vi
Certificate of Achievement for Excellence in Financial Reporting
vii
FINANCIAL SECTION:
Independent Auditor's Report
1 -2
Management's Discussion and Analysis (Unaudited)
3 -12
Basic Financial Statements:
Government -Wide Financial Statements:
Statement of Net Assets
13
Statement of Activities
14 -15
Fund Financial Statements:
Balance Sheet - Governmental Funds
16
Reconciliation of the Balance Sheet of Governmental
Funds to the Statement of Net Assets
17
Statement of Revenues, Expenditures and Changes in
Fund Balances - Governmental Funds
18
Reconciliation of the Statement of Revenues,
Expenditures and Changes in Fund Balances of
Governmental Funds to the Statement of Activities
19
Statement of Net Assets - Proprietary Fund
20
Statement of Revenues, Expenses and Changes in
Net Assets - Proprietary Fund
21
Statement of Cash Flows - Proprietary Fund
22
Statement of Fiduciary Net Assets - Police
Officers' Retirement Plan Fund
23
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
(continued)
September 30, 2012
PAGES
Statement of Changes in Fiduciary Net Assets -
Police Officers' Retirement Plan Fund 24
Notes to Basic Financial Statements 25 -52
REQUIRED SUPPLEMENTARY INFORMATION:
Budgetary Comparison Schedules:
Schedule of Revenues, Expenditures and Changes
in Fund Balance - Budget and Actual - General Fund 53 -55
Schedule of Revenue, Expenditures and Changes
in Fund Balance - Budget and Actual - Street Maintenance Fund 56
Schedules of Funding Progress - Police Officers'
Retirement Plan Fund and Other Post - Employment Benefits 57
Schedule of Contributions From the Employer
and the State of Florida - Police Officers'
Retirement Plan Fund 58
Notes to Required Supplementary Information 59
OTHER FINANCIAL INFORMATION:
Combining Fund Financial Statements:
Combining Balance Sheet - Other Nonmajor Governmental Funds 60 -61
Combining Statement of Revenues, Expenditures and Changes in
Fund Balances - Other Nonmajor Governmental Funds 62 -63
Budgetary Comparison Schedules:
Schedules of Revenues, Expenditures and Changes
in Fund Balance - Budget and Actual - Special Revenue Funds 64 -67
Schedules of Revenues, Expenditures and Changes
in Fund Balance - Budget and Actual - Debt Service Funds 68 -71
STATISTICAL SECTION (NOT COVERED BY INDEPENDENT AUDITORS' REPORT):
Table 1 - Net Assets by Component
Table 2 - Changes in Net Assets
72
73 -74
Table 3 - Governmental Activities Tax Revenues by Source 75
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
(continued)
September 30, 2012
PAGES
Table 4 - Fund Balances of Governmental Funds
76
Table 5 - Changes in Fund Balances of Governmental Funds
77 -78
Table 6 - General Governmental Tax Revenues by Source
79
Table 7 - Assessed Value and Estimated Actual Assessed
Value of Taxable Property
80
Table 8 - Property Tax Rates - Direct and Overlapping Governments
81 -82
Table 9 - Principal Property Taxpayers
83
Table 10 - Property Tax Levies and Collections
84
Table 11 - Ratios of Outstanding Debt by Type
85
Table 12 - Ratios of General Bonded Debt Outstanding
86
Table 13 - Direct and Overlapping Governmental Activity Debt
87
Table 14 - Legal Debt Margin Information
88
Table 15 - Demographic and Economic Statistics
89
Table 16 - Occupational Employment by Group - Miami -Dade County, Florida
90
Table 17 - Full -Time Equivalent City Government Employees by Function
91
Table 18 - Operating Indicators by Function
92
Table 19 - Capital Asset Statistics by Function
93
COMPLIANCE SECTION:
Independent Auditors' Report on Internal Control Over Financial Reporting and
On Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards
94 -95
Independent Auditors' Report on Compliance with Requirements that Could Have
a Direct and Material Effect on Each Major Program and on Internal Control Over
Compliance in Accordance with OMB Circular A -133
96 -97
Independent Auditors' Report to City Management
98 -99
Schedule of Expenditures of Federal Awards
100
Notes to Schedule of Expenditures of Federal Awards
101
Schedule of Findings and Questioned Costs
102
(This page intentionally left blank.)
INTRODUCTORY SECTION
K
February 19, 2013
To the Honorable Mayor,
Members of the City Commission
and Citizens of the
City of Aventura, Florida
City ®f
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
SUSAN GOTTLIEB
MAYOR
COMMISSIONERS
ENBAR COHEN
TERIHOLZBERG
BILLY JOEL
MICHAEL STERN
HOWARD WEINBERG
LUZ URBAEZ WEINBERG
ERIC M. SOROKA, ICMA -CM
CITY MANAGER
In accordance with Section 11.45, Florida Statutes and Section 4.11 of the City of Aventura (the "City ") Charter, submitted
herewith is the City's Comprehensive Annual Financial Report (the "CAFR ") for the fiscal year ended September 30, 2012.
The financial statements included in this report conform to the generally accepted accounting principles in the United States
( "GAAP ") as prescribed by the Governmental Accounting Standards Board ( "GASB "). The City is responsible for the
accuracy of the data and the completeness and fairness of the presentation, including all disclosures. The financial
statements have been audited by Keefe, McCullough & Co., LLP., C.P.A.'s. The independent auditors have issued an
unqualified opinion that this report fairly presents the financial position of the City and complies with all reporting standards
noted above.
The contents of this report are aimed at compliance with GASB pronouncements, including Statement No. 34, requiring the
preparation of government -wide financial statements on a full accrual basis of accounting for all funds and including
Management's Discussion and Analysis. Also included are additional and enhanced Statistical Tables required by GASB
Statement No. 44.
THE REPORTING ENTITY AND ITS SERVICES
The City was incorporated on November 7, 1995 and is a political subdivision of the State of Florida. The City operates
under a commission - manager form of government and provides General Government, Public Safety and Community
Services to its residents and business community. The Mayor and six (6) Commissioners are responsible for establishing
the City's policies. The Mayor and Commission appoint the City Manager who is the Chief Administrative Officer of the City
and is responsible for implementing policies adopted by the Commission.
This report includes all of the funds for which the City is financially accountable. Although the Miami -Dade Board of County
Commissioners, Miami -Dade District School Board, South Florida Water Management District and Florida Inland Navigation
District levy and collect taxes on property located within the City's corporate limits, financial information on these taxing
authorities is not included in this report since each has a separate elected governing body, are legally separate and are
fiscally independent of the City. Annual financial reports of these units of government are available upon request from each
authority.
PHONE: 305- 466 -8900 ■ FAX: 305 -466 -8939
www.cityofaventura.com
ECONOMIC CONDITIONS AND OUTLOOK
The City serves an area of approximately 4 square miles with a population of nearly 37,000 residents. Prior to
incorporation, the City received services from Miami -Dade County (the "County ") as a part of their unincorporated
municipal services taxing unit. The City received no real property, facilities or equipment from the County upon
incorporation.
Fiscal Year 2012
The City's combination of upscale residential and commercial developments resulted in a taxable value of approximately
$7.3 billion within a land area of less than 4 square miles. After three consecutive years of decline due to the economic
recession, the City's taxable value has increased this year and overall property values are beginning to stabilize.
Recently, we have witnessed positive signs that the local economy has shown some improvement. The number of
building permits and applications for commercial and residential projects are on the upswing. Importantly, these new
projects will produce jobs for the local economy. However, as we continue to observe, the recovery from this economic
downturn is slower and longer than previous recoveries.
MAJOR INITIATIVES
In the continued effort in making the maintenance of its infrastructure a priority, the City completed the following major
capital improvements during fiscal year 2012:
✓ Founders Park Improvements
✓ Mall Informational Sign
✓ Biscayne Boulevard Decorative Lighting Improvements Phase I
✓ Country Club Drive Bus Shelters
✓ NE 191St Street, NE 188`" Street and NE 31St Avenue Asphalt Overlay
In addition, the following major capital improvements were in process at the end of fiscal year 2012:
• Biscayne Boulevard Decorative Lighting Improvements Phase II
• Government Center Parking Expansion
In 2012, the Aventura Police Department completed the construction of a new Training Center that is located on the 3`d
floor of the Aventura Government Center. The Training Center includes a state of the art classroom, simulation room, a
defensive tactics room and office space. This project recognizes that the foundation for improved police officer safety,
professionalism and liability reduction relies on making officer training an ongoing priority.
The Aventura Arts & Cultural Center completed its second season and doubled the number of ticket buyers from the
previous year. The Center has become the cultural heart of the City since opening in 2010. Thousands have enjoyed a
wide range of shows in this beautiful waterfront facility.
Since its opening on August 25, 2003, the Aventura Charter Elementary School ( "School ") has achieved several
milestones in the City's short history. The School was the first within the City's boundaries and the first municipal
sponsored charter school in Miami -Dade County. The 2011/12 school year represented the ninth year of operations of the
School. The School has been well received and has been at full capacity since its inception. The School has obtained
academic success receiving an "A" grade issued by the State of Florida for the past eight (8) years. The School served
972 students in the 2011/12 school year and will serve 984 students in the 2012/13 school year.
FINANCIAL INFORMATION
Internal Accounting Control
Management of the City is responsible for establishing and maintaining internal controls designed to ensure that adequate
accounting data are compiled to allow for the preparation of financial statements in conformity with GAAP. Internal control
is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable
assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the
valuation of costs and benefits requires estimates and judgments by management.
All internal control evaluations occur within the above framework. We believe that the City's internal accounting controls
adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions.
ii
Budgetary Control
An annual appropriated budget is adopted for all governmental funds with the exception of the Charter School Fund,
Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). In accordance with City Ordinance,
appropriations are legally controlled at the Department level. Encumbrance accounting, under which purchase orders and
other commitments for the expenditure of funds are recorded in the accounting records and is utilized throughout the fiscal
year.
Overview of Financial Activity
The accompanying financial statements reflect that the City has continued to expand its services to meet the demands of
its residential and business communities. A summary of the major financial activities is included in the Management
Discussion & Analysis Section of this report.
Fund Balances
In fiscal year 2011, the City implemented Governmental Accounting Standards Board (GASB) Statement No. 54 "Fund
Balance Reporting and Governmental Fund Type Definitions" for its governmental activities. GASB Statement No. 54
establishes various classifications of fund balance based on a hierarchy which details constraints placed on the use of
resources by creditors, grantors, contributors, laws or regulations of other governments and those internally imposed.
Fund balances classified as restricted are those with externally enforceable limitations on use. Fund balances classified
as committed can only be used for specific purposes determined by formal action of the City Commission through an
ordinance. Commitments can only be changed or lifted only by the City Commission through formal action. Assigned fund
balances are amounts that the City intends to use for a specific purpose but are neither restricted nor committed. The
intent to utilize these funds is delegated to the City Manager. Unassigned fund balance can be viewed as the net
resources available at the end of the year.
Retirement Programs
The City contributed to four (4) defined contribution pension plans based on employee classifications created in
accordance with Internal Revenue Code Section 401(a). The plans currently cover all full -time employees of the City.
Under these plans, the City contributes between 7% and an amount equal to the annual IRS maximum, depending on the
employee classification. There are no employee contributions. Employer contributions for the fiscal year ended
September 30, 2012 were approximately $843,000.
A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual
account for each participant and specifies how contributions to the individual's account are to be determined instead of
specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a
participant will receive depend solely on the amount contributed to the participant's account, the returns earned on
investments on those contributions, and forfeitures of other participant's benefits that may be reallocated to such
participant's account.
In order to encourage employees to supplement the defined contribution plan, a deferred compensation program is also
available to all full -time employees. Under this program, employees may voluntarily elect to defer a portion of their salary
to future years. Both programs are administered by the ICMA Retirement Corporation under a trust agreement. The plan
assets are separate and the City does not exercise any control or fiduciary responsibility over the assets. Therefore, the
assets, liabilities and transactions are not included in the City's financial statements.
As discussed in the Notes to the Financial Statements, the City, through collective bargaining with the City's police officers
agreed to establish a defined benefit retirement program covering all sworn officers. This program is funded by a
combination of City and employee contributions and state insurance premium taxes. Please see Note 12 in the Notes to
the Financial Statements for a detailed discussion of the retirement program.
Financing Programs and Debt Administration
The City currently has four (4) outstanding long -term debt issues. At September 30, 2012, the principal balance
outstanding totaled $28,805,000.
The Series 2000 Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and appropriate the
required debt service payments each year. This loan is structured the same as a serial bond issue with principal
payments due on October 1 St and semi - annual interest payments due on April 1St and October 1St of each year with the
final maturity on October 1, 2020. Debt service requirements average approximately $535,000 per year over the 20 -year
life of the obligation. The interest rate is locked at 5.04 %.
iii
Due to a very favorable interest rate environment, in June of 2012, the City refunded the original Series 2002 Revenue
Bonds with a Bank Loan (described below) that resulted in a more than $2.5M NPV savings over the life of the loan.
The Series 2012 Refunding Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and
appropriate the required debt service payments each year. This loan is structured the same as a serial bond issue with
principal payments due August 1St and semi - annual interest payments due on February 1st and August 1St of each year
with the final maturity on August 1, 2027. Debt service requirements average approximately $779,000 per year over the
15 -year life of the obligation. The interest rate is locked at 2.18 %.
The Series 2010 Refunding Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and
appropriate the required debt service payments each year. This loan is structured the same as a serial bond issue with
principal payments due on April 1St and semi - annual interest payments due on April 1St and October 1s' of each year with
the final maturity on April 1, 2029. Debt service requirements average approximately $751,000 per year over the 19 -year
life of the obligation. The interest rate is locked at 3.42 %.
The Series 2011 Refunding Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and
appropriate the required debt service payments each year. This loan is structured the same as a serial bond issue with
principal payments due on April 1st and semi - annual interest payments due on April 1st and October 1st of each year with
the final maturity on April 1, 2029. Debt service requirements average approximately $406,000 per year over the 19 -year
life of the obligation. The interest rate is locked at 3.64 %.
OTHER INFORMATION
Independent Audit
In accordance with Section 11.45(3)(a) (4), Florida Statutes, and Article I, Section 4.11 of the City Charter, the City
engaged the firm of Keefe, McCullough & Co., LLP, to perform the independent audit of the City's accounts and records.
The independent auditors' reports are included in the Financial section.
Certificate of Achievement
The Government Finance Officers Association of the United States and Canada ( "GFOA ") awarded a Certificate of
Achievement for Excellence in Financial Reporting to the City of Aventura for its CAFR for the fiscal year ended
September 30, 2011. This was the sixteenth consecutive year that the City has achieved this prestigious award. In order
to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized
CAFR. This report must satisfy both generally accepted accounting principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual
financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the
GFOA to determine its eligibility for another certificate.
Acknowledgements
The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated
services of the entire Finance Department. We express our appreciation to all members of the Department who assisted
and contributed to its preparation. We also wish to thank the City Commission for their interest and support in planning
and conducting the City's financial operations in a responsible and progressive manner.
Respectful) mitted,
Eric M. Soroka, C A -CM
City Manager
W
Brian K. Raducci
Finance Director
CITY OF AVENTURA, FLORIDA
LIST OF PRINCIPAL OFFICIALS
Title
Name
Mayor
Susan Gottlieb
Commissioner
Teri Holzberg
Commissioner
Michael Stern
Commissioner
Howard Weinberg
Commissioner
Billy Joel
Commissioner
Enbar Cohen
Commissioner
Luz Urbaez Weinberg
City Manager
Eric M. Soroka
Finance Director
Brian K. Raducci
Community Services Director
Robert M. Sherman
City Clerk
Teresa M. Soroka
Community Development Director
Joanne Carr
Police Chief
Steven Steinberg
Information Technology Director
Karen J. Lanke
Charter School Principal
Julie Alm
Arts & Cultural Center General Manager
Steven D. Clark
City Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske,
P.L.
City Auditor
Keefe, McCullough & Co., LLP
v
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CITY OF AVENTURA
Organizational Chart
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Development
Department I
Planniry
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Mikfirtg Inspections
Code Enowaamerd
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RecrearborVOufturat
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Aventura
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 2011
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFRs) achieve the highest
standards in government accounting
and financial reporting.
6L;&W0- P *01�0
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vii
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FINANCIAL SECTION
Keefe, • r
ti
Certified Public Accountants
INDEPENDENT AUDITORS' REPORT
To the Honorable Mayor
Members of the City Commission and City Manager
City of Aventura, Florida
We have audited the accompanying financial statements of the governmental activities, the
business -type activities, each major fund and the aggregate remaining fund information of the City of
Aventura, Florida (the "City "), as of and for the fiscal year ended September 30, 2012, which
collectively comprise the City's basic financial statements as listed in the table of contents. These
financial statements are the responsibility of the City's management. Our responsibility is to express
opinions on these financial statements based on our audit. We did not audit the financial statements of
the City of Aventura Police Officers' Retirement Plan Pension Trust Fund, which represent 100% of
the total assets and the total revenues of the fiduciary funds. Those financial statements were audited
by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it
relates to the amounts included for the City of Aventura Police Officers' Retirement Plan Pension
Trust Fund, is based on the report of the other auditors.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that we
plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audit and the report of other auditors' provide a
reasonable basis for our opinions.
In our opinion, based on our audit and the report of other auditors, the financial statements
referred to above present fairly, in all material respects, the respective financial position of the
governmental activities, the business -type activities, each major fund and the aggregate remaining
fund information of the City, as of September 30, 2012, and the respective changes in financial
position and, where applicable, cash flows, thereof for the year then ended in conformity with
accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated February
19, 2013, on our consideration of the City's internal control over financial reporting and our tests of
its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other
matters. The purpose of that report is to describe the scope of our testing of internal control over
financial reporting and compliance and the results of that testing, and not to provide an opinion on the
internal control over financial reporting or on compliance. That report is an integral part of an audit
performed in accordance with Government Auditing Standards and should be considered in assessing
the results of our audit.
6550 N. Federal Highway Suite 410 N Fort Lauderdale, FL 33308 8 954.771.0896 S 954.938.9353 (F) 6 www.kmccpa.com
City of Aventura, Florida
Accounting principles generally accepted in the United States of America require that the
management's discussion and analysis and the schedules of funding progress for pension and other
post- employment benefits, and contributions from the employer and the State of Florida on pages 3
through 12 and 57 through 58, respectively, be presented to supplement the basic financial statements.
Such information, although not a part of the basic financial statements, is required by the
Governmental Accounting Standards Board, who considers it to be an essential part of financial
reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. We and the other auditors have applied certain limited procedures to the required
supplementary information in accordance with auditing standards generally accepted in the United
States of America, which consisted of inquiries of management regarding the methods of preparing the
information and comparing the information for consistency with management's responses to our
inquiries, the basic financial statements, and other knowledge we obtained during our audit of the
basic financial statements. We do not express an opinion or provide any assurance on the information
because the limited procedures do not provide us with sufficient evidence to express an opinion or
provide any assurance.
Our audit was conducted for the purpose of forming opinions on the financial statements that
collectively comprise the City's financial statements as a whole. The introductory section, other
financial information, budgetary comparison schedules, and statistical section are presented for
purposes of additional analysis and are not a required part of the basic financial statements. The
accompanying schedule of expenditures of Federal awards is presented for purposes of additional
analysis as required by U.S. Office of Management and Budget Circular A -133, Audits of States,
Local Governments and Non - Profit Organizations, and is also not a required part of the financial
statements. The other financial information, budgetary comparison schedules, and schedule of
expenditures of Federal awards are the responsibility of management and were derived from and relate
directly to the underlying accounting and other records used to prepare the financial statements. The
information has been subjected to the auditing procedures applied in the audit of the financial
statements and certain additional procedures, including comparing and reconciling such information
directly to the underlying accounting and other records used to prepare the financial statements or to
the financial statements themselves, and other additional procedures in accordance with auditing
standards generally accepted in the United States of America. In our opinion, the information is fairly
stated in all material respects in relation to the financial statements as a whole. The introductory
section and statistical section have not been subjected to the auditing procedures applied in the audit of
the basic financial statements and, accordingly, we do not express an opinion or provide any assurance
on it.
Fort Lauderdale, Florida
February 19, 2013
2
KEEFE, McCULLOUGH & CO., LLP
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
As management of the City of Aventura (the "City "), we offer readers of the City's
financial statements this narrative overview and analysis of the City's financial activities for the
fiscal year ended September 30, 2012. We encourage readers to consider the information
presented herein in conjunction with the Letter of Transmittal, which can be found on pages i
through iv of this report. All amounts, unless otherwise indicated, are expressed in thousands of
dollars.
Financial Highlights
The City's total net assets increased by $ 1.9 million over the course of this year's
operations. Net assets of our business -type activities increased by $ 0.1 million, and the
net assets of our governmental activities increased by $ 1.8 million.
The assets of the City exceeded its liabilities at the close of the most recent fiscal year by
$ 109.9 million (net assets). Of this amount, $ 41.3 million (unrestricted net assets) may
be used to meet the government's ongoing obligations to citizens and creditors.
At the end of the current fiscal year, unrestricted fund balance for the General Fund was
$ 39.6 million or 137% of total General Fund expenditures.
Overview of the Financial Statements
The financial section of this annual report consists of four (4) parts — management's
discussion and analysis (this section), the basic financial statements, required supplementary
information, and a supplementary information section that presents combining and individual fund
statements and schedules.
Financial Section
I MANAGEMENT'S DISCUSSION AND ANALYSIS I
I BASIC FINANCIAL STATEMENTS I
Government -Wide (Full Accrual) Fund
Governmental Activities Governmental (Modified Accrual)
Business -Type Activities Proprietary (Full Accrual)
(No Fiduciary Activities) Fiduciary (Full Accrual)
Notes to the Financial Statements
REQUIRED SUPPLEMENTARY INFORMATION
OTHER FINANCIAL INFORMATION
Supplementary Information - Combining Fund Financial
Statements and Budgetary Comparison Schedules
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Major Features of the Basic Financial Statements
Government -Wide
Financial Statements
Scope Entire City government
(except fiduciary activities)
Required financial * Statement of net assets
statements * Statement of activities
Accounting basis Accrual accounting and
and measurement economic resources focus
focus
Type of asset/ All assets and liabilities, both
liability information financial and capital, and
short -term and long -term
Basic Financial Statements
Fund Financial Statements
Governmental Funds Proprietary Funds Fiduciary Funds
Activities of the City that Activities of the City that Instances in which the
are not proprietary or
fiduciary
• Balance sheet
• Statement of revenues,
expenditures, and
changes in fund balances
Modified accrual
accounting and current
financial resources focus
Only assets expected to
be used up and liabilities
that come due during the
year or soon thereafter,
no capital assets and long-
term liabilities included
are operated similar to
private business
* Statement of net assets
* Statement of revenues,
expenses, and changes
in net assets
*Statement of cash flows
Accrual accounting and
economic resources focus
All assets and liabilities,
both financial and capital,
and short -term and
long -term
City is the trustee or
agent for someone
else's resources
* Statement of fiduciary
net assets
* Statement of changes
in fiduciary net assets
Accrual accounting and
economic resources focus
All assets and liabilities,
both short -term and
long -term
Government -wide financial statements. The focus of the government -wide financial
statements is on the City's overall financial position and its activities. Reporting is similar to that
of a private- sector business. The government -wide financial statements report information about
the City as a whole and about its activities in a way that helps answer questions about the City's
financial health and whether the current year activities contributed positively or negatively to that
health.
The City's government -wide financial statements include the statement of net assets and
statement of activities. As described below, these statements do not include the City's fiduciary
activities because resources of these funds cannot be used to finance the City's activities.
However, the financial statements of fiduciary activities are included in the City's fund financial
statements because the City is financially accountable for those resources, even though they belong
to other parties.
The Statement of Net Assets presents information on the assets held and liabilities owed by
the City, both long and short -term. Assets are reported when acquired by the City and
liabilities are reported when they are incurred, regardless of the timing of the related cash
flows to acquire these assets or liquidate such liabilities. For example, the City reports
buildings and infrastructure as assets even though they are not available to pay the
obligations incurred by the City. On the other hand, the City reports liabilities, such as
other post - employment benefits even though these liabilities might not be paid until several
years into the future.
4
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
The difference between the City's total assets and total liabilities is net assets. Over time,
increases or decreases in net assets may serve as a useful indicator of whether the City's financial
position is improving or deteriorating. Although the City's purpose is not to accumulate net
assets, in general, as this amount increases it indicates that the City's financial position is
improving over time.
The Statement of Activities presents the revenues and expenses of the City. The items
presented on the statement of activities are measured in a manner similar to the approach
used in the private- sector, in that revenues are recognized when earned and expenses are
reported when incurred. Accordingly, revenues are reported even when they may not be
collected for several months after the end of the accounting period and expenses are
recorded even though they may not have used cash during the current period.
Both of the government -wide financial statements distinguish City functions that are
principally supported by taxes and intergovernmental revenue (governmental activities) from other
functions that are intended to recover all or a significant portion of their costs through user fees
and charges (business -type activities). The City's governmental activities include general
government, public safety and community services. The City's business -type activities include
stormwater utility.
Fund financial statements. Unlike government -wide financial statements, the focus of
fund financial statements is directed to specific activities of the City rather than the City as a
whole. Except for the General Fund, separate funds are established to maintain control over
resources that have been segregated for specific activities or objectives. The City, like other state
and local governments, uses fund accounting to ensure and demonstrate compliance with finance -
related legal requirements. All of the funds of the City can be divided into three (3) categories:
governmental funds, proprietary funds and fiduciary funds.
Governmental funds. Financial statements consist of a balance sheet and a statement of
revenues, expenditures, and changes in fund balances. These statements are prepared on an
accounting basis that is significantly different from that used to prepare the government -wide
financial statements.
In general, these financial statements have a short -term emphasis and, for the most part,
measure and account for cash and other assets that can easily be converted to cash. For example,
amounts reported on the balance sheet include items such as cash and receivables but do not
include capital assets such as land and buildings. The difference between a fund's total assets and
total liabilities is the fund balance, and generally indicates the amount that can be used to finance
the next fiscal year's activities. The operating statement for governmental funds reports only those
revenues that were collected during the current period or very shortly after the end of the year.
Expenditures are recorded when incurred.
For the most part, the balances and activities accounted for in governmental funds are also
reported in the governmental activities columns of the government -wide financial statements.
However, because different accounting basis are used to prepare governmental fund financial
statements and government -wide financial statements, there are often significant differences
between the totals presented. For this reason, there is an analysis after the governmental funds
balance sheet that reconciles the total fund balances for all governmental funds to the amount of
net assets presented in the governmental activities column on the statement of net assets. Also,
there is an analysis after the statement of revenues, expenditures and changes in fund balances that
reconciles the total change in fund balances for all governmental funds to the change in net assets
as reported in the governmental activities column in the statement of activities.
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Proprietary funds. Financial statements consist of a statement of net assets, statement of
revenues, expenses, and changes in fund net assets and statement of cash flows. These statements
are prepared on an accounting basis that is similar to the basis used to prepare the government -
wide financial statements. For financial reporting purposes, proprietary funds are grouped into
Enterprise Funds and Internal Service Funds.
The City uses Enterprise Funds to account for business -type activities that charge fees to
customers for the use of specific goods or services. These funds are used to report the same
functions presented as business -type activities in the government -wide financial statements.
Internal Service funds are used to account for services provided and billed on an internal basis.
The City does not have any Internal Service Funds.
Proprietary funds provide the same type of information as the government -wide financial
statements, only in more detail. The City has one major enterprise fund, the Stormwater Utility
fund. A statement of cash flows is presented at the fund financial statement level for proprietary
funds, but no equivalent statement is presented in the government -wide financial statements for
either governmental activities or business -type activities.
Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of
parties outside the government. Fiduciary funds are not reflected in the government -wide financial
statement because the resources of those funds are not available to support the City's own
programs. Fiduciary financial statements consist of a statement of fiduciary net assets and a
statement of changes in fiduciary net assets. The City reports one fiduciary fund to account for the
Police Officers' Retirement Plan.
Notes to the financial statements. The notes provide additional information that is
essential to a full understanding of the data provided in the government -wide and fund financial
statements.
Required Supplementary Information
In addition to the basic financial statements and accompanying notes, this report also
presents certain required supplementary information concerning various issues such as a
comparison between the City's adopted and final budget and actual financial results for its General
Fund and major special revenue funds (if applicable). The City adopts an annual appropriated
budget for its governmental funds. A budgetary comparison schedule has been provided for the
General Fund and major special revenue funds (if applicable) to demonstrate compliance with this
budget. Required supplementary information is also presented for the City's defined benefit
pension plan including a schedule of funding progress and schedule of employer and State of
Florida contributions as well as a schedule of funding progress for other post- employment benefits.
Combining and Individual Fund Statements and Schedules
Combining statements referred to earlier in connection with nonmajor governmental,
internal service and fiduciary funds are presented immediately following the required
supplementary information. Additional budgetary schedules are presented in this section
including, as applicable, nonmajor special revenue funds, debt services funds, and capital projects
funds.
0
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Government -Wide Financial Analysis
The table below presents a summary of net assets as of September 30, 2012 and 2011,
derived from the government -wide Statement of Net Assets:
Net Assets (in thousands)
Governmental Business -Type
Activities Activities
Total
2012 2011 2012 2011
2012
2011
Current and other assets $ 48,263 $ 46,190 $ 1,473 $ 1,037
$ 49,736
$ 47,227
Capital assets 87,374 89,013 7,127 7,424
94,501
96,437
Total assets 135,637 135,203 8,600 8,461
144,237
143,664
Long -term liabilities 30,928 32,460 - -
30,928
32,460
Other liabilities 3,392 3,211 44 44
3,436
3,255
Total liabilities 34,320 35,671 44 44
34,364
35,715
Net assets:
Invested in capital assets,
net of related debt 59,177 59,216 7,127 7,424
66,304
66,640
Restricted 2,240 1,694 - -
2,240
1,694
Unrestricted 39,900 38,622 1,429 993
41,329
39,615
Total net assets $ 101,317 $ 99,532 $ 8,556 $ 8,417
$ 109,873
$ 107,949
As noted earlier, net assets may serve over time as a useful indication of a
government's
financial position. At the close of the most recent fiscal year, the
City's assets
exceeded its
liabilities by $ 110 million.
The largest portion of the City's net assets is net assets invested in capital assets net of
related debt and is 60% of total net assets. This category reflects its investment in capital assets
net of any outstanding related debt used to acquire these assets. The City uses these capital assets
to provide services to the citizens of the City; consequently these net assets are not available for
future spending. Although the capital assets are shown net of debt, it should be noted that the
resources needed to repay this debt must be provided from other sources. The next largest portion
of the City's net assets is unrestricted and is 38% of total net assets. Unrestricted net assets
represent resources that are available for spending. Restricted net assets represent 2% of total net
assets. Restricted net assets represent resources that are subject to external restrictions on how
they can be used.
Capital assets and invested in capital assets, net of related debt, decreased $ 1.6 million and
$ 0.04 million, respectively, in the governmental activities primarily due to the increase in
accumulated depreciation, disposal of equipment and decrease in related debt. Current and other
assets and unrestricted net assets in the governmental activities increased by $ 2.1 million and
$ 1.3 million, respectively, due to the increase in cash which primarily resulted from higher than
anticipated revenues from intergovernmental activities, licenses and permits, charges for services,
and fines and forfeitures and lower than anticipated expenditures. There were no significant
changes in business -type activities.
/I
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Over time, increases and decreases in net assets measure whether the City's financial
position is improving or deteriorating. In the current fiscal year, property taxes remained
relatively stable as the assessed value of our taxable property increased modestly over the prior
year coupled with no change in our ad valorem millage rate. Franchise fees - electric increased
by $ 0.36 million as Florida Power & Light Co. experienced an increase in its total revenue. We
also experienced an increase of $ 0.74 million in intergovernmental revenues as state revenue
sharing and half cent sales tax grew $ 0.04 million and $ 0.38 million, respectively as the
economy showed some signs of recovery.
The table below presents a summary of changes in net assets for the years ended September
30, 2012 and 2011, as derived from the government -wide Statement of Activities:
Changes in Net Assets (in thousands)
Governmental Business -Type
Activities Activities Total
2012 2011 2012 2011 2012 2011
Revenues:
4,977
4,917
-
-
Program revenues:
4,917
Public safety
19,571
18,928
Charges for services $
7,035 $
6,513 $
893 $ 844 $ 7,928 $
7,357
Operating grants and
14,948
-
-
15,188
contributions
7,032
7,560
- - 7,032
7,560
Capital grants and
1,187
1,396
Stormwater utility
-
contributions
677
500
- 109 677
609
General revenues:
40,923
40,189
758
827
Property taxes
11,724
11,734
- - 11,724
11,734
Utility service taxes
7,772
7,380
- - 7,772
7,380
Franchise fees
3,070
2,684
- - 3,070
2,684
Intergovernmental revenues
4,917
4,182
- - 4,917
4,182
Other revenues
481
782
4 3 485
785
Total revenues
42,708
41,335
897 956 43,605
42,291
Expenses:
General government
4,977
4,917
-
-
4,977
4,917
Public safety
19,571
18,928
-
-
19,571
18,928
Community services
15,188
14,948
-
-
15,188
14,948
Interest on long -term debt
1,187
1,396
-
-
1,187
1,396
Stormwater utility
-
-
758
827
758
827
Total expenses
40,923
40,189
758
827
41,681
41,016
Increase in net assets
before transfers
1,785
1,146
139
129
1,924
1,275
Transfers
-
-
-
-
-
-
Change in net assets
1,785
1,146
139
129
1,924
1,275
Net assets, beginning
99,532
98,386
8,417
8,288
107,949
106,674
Net assets, ending
$ 101,317 $__99
532 $
8,556 $
8,417 $
109,873
$ 107,949
Financial Analysis of the City of Aventura's Funds
As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with
finance- related legal requirements.
8
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Governmental Funds
The focus of the City's governmental funds is to provide information on near -term inflows,
outflows, and balances of spendable resources. Such information is useful in assessing the City's
financing requirements. In particular, unrestricted fund balance (committed, assigned, and
unassigned) may serve as a useful measure of a government's net resources available for spending
at the end of the fiscal year.
The General Fund is the City's chief operating fund. At end of the current fiscal year,
unrestricted fund balance of the General Fund was $ 38.1 million while the total fund balance
reached $ 39.6 million. Much of the unrestricted fund balance will be utilized in future years to
fund various capital needs and to maintain a hurricane /emergency and disaster recovery reserve.
As a measure of the General Fund's liquidity, it may be useful to compare both unrestricted fund
balance and total fund balance to total general fund expenditures. Unrestricted fund balance and
total fund balance represent 137% of total general fund expenditures. Approximately 36% of the
General Fund total fund balance - $ 14.1 million constitutes unassigned fund balance, which is
available for spending at the government's discretion.
The fund balance of the City's General Fund increased by $ 1.4 million during the current
fiscal year. Key factors of this increase are as follows:
• An increase in franchise fees - electric of $ 0.36 million as Florida Power & Light Co.
experienced an increase in its total revenue.
• An increase of $ 0.04 million in state revenue sharing and an increase of $ 0.38 million in
half cent sales tax as the economy began to recover.
• An increase in licenses and permits revenue of $ 0.08 million primarily due to higher than
anticipated building activity.
• Capital outlay budgeted expenditures of $ 1.5 million which were incomplete at the end of
the fiscal year which will be reappropriated in fiscal year 2013.
The Charter School Fund is used to record the operations of the Aventura City of
Excellence School. The School's intergovernmental revenues decreased by $ 0.7 million due to
revenue reductions imposed by the State to balance the State Budget. Additionally, expenditures
increased $ 0.1 million primarily as a result of teachers salary increases based on years of service
and new teacher positions added to accommodate the capacity of students.
The Street Maintenance Fund is used to record the operations of the street maintenance and
construction costs, which are designated by State Statute. Debt Service Fund 2000 Series is used
to record principal retirement and did not have any significant changes from the prior year.
Proprietary Fund
The proprietary fund showed a $ 0.1 million increase in net assets from the prior year.
Total revenues increased by approximately $ 49,000 and expenses decreased by approximately
$ 69,000; due to a decrease in cost of sales and services of approximately $ 67,000 and a
reduction in depreciation expense of approximately $ 2,000.
2
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
General Fund Budgetary Highlights
During the year, the original budget was amended and revenues and expenditures were
increased by approximately $ 1.9 million as follows:
• $ 0.66 million related to the reappropriation of remaining capital funds from fiscal year
2011 for various capital projects which were incomplete at the end of that fiscal year.
• $ 0.56 million related to the increase in building permit activity.
• $ 0.38 million related to operational overages in various departments which were offset by
additional revenue.
• $ 0.30 million related to capital outlay overages in various departments which were offset
by additional revenue
During the year, revenues exceeded budgetary estimates and expenditures were less than
budgetary estimates, resulting in a positive variance in the net change in fund balance of
approximately $ 1.4 million. As explained earlier, much of the unrestricted fund balance will be
utilized in future years to fund various capital needs. Utility service taxes, intergovernmental
revenues, licenses and permits, charges for services, and fines and forfeitures revenue exceeded
the revised budget by $ 0.07 million, $ 0.3 million, $ 0.1 million, $ 0.2 million and $ 0.08
million, respectively. Nondepartmental capital outlay was $ 14.8 million less than budgeted
because the City budgets a reserve for future capital expenditures which accounts for the majority
of the appropriated beginning fund balance.
Capital Assets and Debt Administration
Capital Assets
As of September 30, 2012 and 2011, the City had $ 94.5 and $ 96.4, respectively, invested
in a variety of capital assets, as reflected in the following schedule:
Capital assets (in thousands, net of depreciation)
Debt Administration
As of year -end, the City had $ 28.805 million in debt outstanding compared to the
$ 30.045 million last year, a 4.1 % decrease. All debt is secured only by a covenant to budget and
appropriate.
10
Governmental
Business -Type
Activities
Activities
Total
2012 2011
2012 2011
2012
2011
Land $
17,102 $ 17,102 $
$ $
17,102 $
17,102
Buildings
34,197 35,063
34,197
35,063
Improvements other than buildings
8,033 8,195
8,033
8,195
Furniture, machinery and equipment
3,644 4,149
3,644
4,149
Infrastructure
23,823 23,991
7,127 7,424
30,950
31,415
Construction in progress
575 513
- -
575
513
Total $
87,374 $ 89,013 $
7,127 $ 7,424 $
94,501 $
96,437
Additional information
can be found in Note 6
- Capital Assets.
Debt Administration
As of year -end, the City had $ 28.805 million in debt outstanding compared to the
$ 30.045 million last year, a 4.1 % decrease. All debt is secured only by a covenant to budget and
appropriate.
10
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
Defeasance of bonds - On June 15, 2012, the City issued $ 9,885,000 in Series 2012
Refunding Revenue Bonds with a rate of 2.18% to advance refund $ 10,165,000 (including a City
contribution of $ 597,856) of the then outstanding Series 2002 Revenue Bonds. The gross
proceeds of $ 10,482,856 were deposited in an irrevocable trust with an escrow agent to provide
for the costs of issuance ($ 75,000) and debt service payments ($ 10,165,000 of principal and
$ 242,856 of interest) on the call date of August 1, 2012. The reacquisition price exceeded the net
carrying amount of the old debt by $ 380,930. The amount is being netted against the new debt
and amortized over the life of the new debt issued. The City advance refunded the Series 2002
Revenue Bonds to reduce its total debt service payments over the next fifteen years by
approximately $ 3,810,000 and to obtain an economic gain (difference between the present values
of the debt service payments on the old and new debt, net of City's contribution) of approximately
$ 2,595,000.
The debt position of the City is summarized below and is more fully explained in Note 7:
Bonded Debt and Notes Payable (in thousands)
Governmental
Activities
2012 2011
Business -Type
Activities
2012 2011
Total
2012 2011
Non -Ad Valorem bonds $ 28,805 S 30,045 $ - $ - $ 28,805 S 30,045
Economic Factors and Next Year's Budgets and Rates
The State of Florida, by constitution, does not have a state personal income tax and
therefore the State operates primarily using sales, gasoline and corporate income taxes. Local
governments (cities, counties, school boards) primarily rely on property and a limited array of
permitted other taxes (utility taxes, franchise fees and occupational licenses) as well as
intergovernmental revenues for their governmental activities. For business -type activities and
certain governmental activities (construction services and recreational programs), the user pays a
related fee or charge associated with the service.
The adopted operating and capital budget for fiscal year 2013 totals approximately $ 53.1
million, 4.3 % higher than the final operating and capital budget for fiscal year 2012. This was
due primarily to the capital project expenditures including the proposed Government Center
Parking Garage. Operating costs were limited to a 1.5% increase as compared to the previous
year. The 2013 budget does not include any expansion or additional services. Lower costs
associated with service delivery contracts and implementing various energy saving measures
throughout the organization assisted greatly in reducing our overall costs. The City's "Go Green"
efforts have been very beneficial in keeping our operating costs down.
After three consecutive years of decline due to the economic recession, the City's taxable value
has increased this year and overall property values are beginning to stabilize. This year the City
experienced a 2.89% increase in property values. The new value of $7.501 Billion is still sharply
down from the pre- recession value of $9.609 Billion. The Miami -Dade County Property
Appraiser reported that coastal cities with a concentration of high -end properties experienced the
most growth in property values. Cautiously, it appears we may have turned the corner toward
recovery. Recently, we have witnessed positive signs that the local economy has shown some
improvement. The number of building permits and applications for commercial and residential
projects are on the upswing. Importantly, these new projects will produce jobs for the local
economy. The new construction values rose moderately to $ 42.2 million. However, as we
continue to observe, the recovery from this economic downturn is slower and longer than previous
recoveries. All indications are that for the next several years we will experience slow growth in
the South Florida economy.
11
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2012
In these economic times it is important that we continue to provide a high level of service to
our residents, while preserving our long term financial viability. Although the local economy has
made strides, we need to continue to remain prudent and conservative in our financial management
of the City.
Requests for Information
This financial report is designed to provide our citizens, taxpayers, customers and investors
and creditors with a general overview of the City's finances and to demonstrate the City's
accountability. If you should have any questions pertaining to the information presented in this
report or would like additional information, please contact the City's Finance Director at 19200
W. Country Club Drive, Aventura, Florida 33180.
12
CITY OF AVENTURA, FLORIDA
STATEMENT OF NET ASSETS
September 30, 2012
ASSETS:
Cash, cash equivalents and investments
Receivables, net of allowance for uncollectibles
Due from other governments
Prepaid expenses
Inventories
Bond issuance costs, net
Net pension asset
Restricted cash, cash equivalents and investments
Capital assets:
Nondepreciable
Depreciable, net of accumulated depreciation
Total assets
LIABILITIES:
Accounts payable
Accrued liabilities
Due to other governments
Unearned revenues
Accrued interest payable
Due within one year:
Compensated absences payable
Bonds payable
Due in more than one year:
Compensated absences payable
Bonds payable
OPEB obligation
Total liabilities
NET ASSETS:
Invested in capital assets, net of related debt
Restricted for:
Public safety
Capital improvements
Debt service
Unrestricted
Total net assets
Governmental Business -Type
Activities Activities
$ 45,388,061 $
687,761
1,261,226
36,859
26,945
154,918
205,783
500,657
17,676,898
69,697,423
135,636,531
1,299,305
173,903
7,126,772
Total
$ 46,687,366
687,761
1,435,129
36,859
26,945
154,918
205,783
500,657
17,676,898
'7A 47n 1OG
8,599,980 144,236,511
1,381,596
44,165 1,425,761
1,290,906
- 1,290,906
2,149
- 2,149
672,160
- 672,160
45,094
- 45,094
631,568
- 631,568
1,590,000
- 1,590,000
1,894,704
- 1,894,704
26,607,449
- 26,607,449
204,000
- 204,000
34,319,626
44,165 34,363,791
59,176,872
7,126,772 66,303,644
1,146,329
- 1,146,329
819,090
- 819,090
274,594
- 274,594
39,900,020
1,429,043 41,329,063
$ 101,316,905 $ 8,555,815 $ 109,872,720
The accompanying notes to the financial statements are an integral part of these statements.
13
CITY OF AVENTURA, FLORIDA
STATEMENT OF ACTIVITIES
For the Year Ended September 30, 2012
FUNCTIONS /PROGRAMS:
Governmental activities:
General government
Public safety
Community services
Interest and fiscal charges
Total governmental activities
Business -type activities:
Stormwater utility
Total
Expenses
$ 4,977,304
19,571,423
15,187,991
1,187,024
40,923,742
Program Revenues
Operating Capital
Charges for Grants and Grants and
Services Contributions Contributions
5,413,866
1,621,334
7,035,200
$ 9,676
220,726
6,801,643
7,032,045
758,185 892,395 -
$ 41,681,927 $ 7,927,595 $ 7,032,045
General revenue:
Taxes:
Ad valorem taxes
Utility service taxes
Franchise fees
Intergovernmental, not restricted for specific purposes
Interest income
Impact fees
Miscellaneous
Total general revenues
Change in net assets
Net assets at beginning of year
Net assets at end of year
676,604
676,604
$ 676,604
The accompanying notes to the financial statements are an integral part of these statements.
14
Net Revenue (Expense) and
Chanize in Net Assets
Governmental
Business -Type
Activities
Activities Total
$ (4,967,628)
$ - $ (4,967,628)
(13,936,831)
- (13,936,831)
(6,088,410)
- (6,088,410)
(1,187,024)
- (1,187,024)
(26,179,893) - (26,179,893)
(26,179,893)
134,210
134,210
11,724,189 -
7,772,000 -
3,070,065 -
4,917,107 -
174,152 4,124
22,426 -
284,916 -
27,964, 855 4,124
1,784,962 138,334
99,531,943 8,417,481
$ 101,316,905 $ 8,555,815
134,210
(26,045,683)
11,724,189
7,772,000
3,070,065
4,917,107
178,276
22,426
284,916
27,968,979
1,923,296
107,949,424
$ 109,872,720
15
CITY OF AVENTURA, FLORIDA
BALANCE SHEET - GOVERNMENTAL FUNDS
September 30, 2012
The accompanying notes to financial statements are an integral part of these statements.
16
Debt
Service
Charter
Street
Fund
Nonmajor
Total
General
School
Maintenance
Series
Governmental
Governmental
Fund
Fund
Fund
2000
Funds
Funds
ASSETS:
Cash and cash equivalents
and investments $
40,412,854
$
2,575,042
$
767,186
$
46,675
$
1,586,304
$
45,388,061
Restricted cash, cash equivalents
and investments
-
-
-
500,533
124
500,657
Accounts receivable, net
615,916
12,500
-
-
59,345
687,761
Due from other governments
920,957
5,900
333,021
1,348
1,261,226
Inventories
26,945
-
-
-
26,945
Prepaid expenditures
6,100
30,759
-
-
-
36,859
Total assets $
41,982,772
$
2,624,201
$
1,100,207
$
547,208
$
1,647,121
$
47,901,509
LIABILITIES AND
FUND BALANCES:
Liabilities:
Accounts payable $
967,910
$
176,677
$
177,926
$
-
$
59,083
$
1,381,596
Accrued liabilities
396,222
218,138
-
409,036
267,510
1,290,906
Due to other governments
-
2,149
-
-
-
2,149
Deferred revenue
980,449
-
110,968
-
30,000
1,121,417
Total liabilities
2,344,581
396,964
288,894
409,036
356,593
3,796,068
Fund balances:
Nonspendable:
Inventories
26,945
-
26,945
Prepaid expenditures
6,100
30,759
-
-
36,859
Restricted for:
Capital improvements
-
-
811,313
7,777
819,090
Public safety
-
-
1,146,329
1,146,329
Debt service
-
138,172
136,422
274,594
Committed to:
Capital reserves
14,773,488
-
-
14,773,488
Hurricane /emergency and disaster
recovery operating reserves
5,000,000
-
5,000,000
Assigned to:
Charter school operations
-
2,196,478
2,196,478
Public safety /police communication
radio system upgrades
1,560,000
-
1,560,000
Subsequent year's budget
4,187,436
4,187,436
Unassigned:
General Fund
14,084,222
-
-
-
-
14,084,222
Total fund balances
39,638,191
2,227,237
811,313
138,172
1,290,528
44,105,441
Total liabilities
and fund balances $
41,982,772
$
2,624,201
$
1,100,207
$
547,208
$
1,647,121
$
47,901,509
The accompanying notes to financial statements are an integral part of these statements.
16
CITY OF AVENTURA, FLORIDA
RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF NET ASSETS
September 30, 2012
Total Fund balances - governmental funds $ 44,105,441
Capital assets used in governmental activities are not
financial resources and therefore, are not reported in the funds:
The cost of capital assets is $ 125,308,078
Accumulated depreciation is (37,933,757) 87,374,321
Intergovernmental revenue is not available to pay for current
period expenditures and, therefore, is deferred in the funds. 449,257
Net pension asset resulting from excess contributions to
pension plans is not reported in the fund financial statements. 205,783
OPEB obligation resulting from deficiency of contributions
to OPEB plans is not reported in the fund financial
statements as it is not due and payable in the current period. (204,000)
Other assets used in governmental activities are not
financial resources and therefore are not reported in
governmental funds:
Deferred charge on bond issuance costs 154,918
Deferred loss on bond refunding 607,551 762,469
Long -term liabilities are not due and payable in the current
period and, therefore, are not reported in the funds:
Compensated absences (2,526,272)
Bonds payable (28,805,000)
Accrued interest payable (45,094) (31,376,366)
Net assets of governmental activities $ 101,316,905
The accompanying notes to financial statements are an integral part of these statements.
17
CITY OF AVENTURA, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
For the Year Ended September 30, 2012
EXPENDITURES
Current:
General government
4,266,981
Debt
-
4,266,981
Public safety
18,287,013
-
-
Service
126,312
18,413,325
Community services
4,732,985
Charter
Street
Fund
Nonmajor
Total
Capital outlay
General
School
Maintenance
Series
Governmental
Governmental
Debt service:
Fund
Fund
Fund
2000
Funds
Funds
REVENUES:
-
-
-
310,000
650,000
960,000
Ad valorem taxes
$ 11,724,189
$
$
$
$
$ 11,724,189
Utility service taxes
7,486,791
-
198,072
789,231
7,486,791
Franchise fees
3,070,065
-
77,909
3,070,065
Intergovernmental
3,345,393
6,347,667
1,869,446
508,072
176,104
11,738,610
Licenses and permits
2,522,665
-
-
-
2,522,665
Charges for services
2,334,060
557,587
3,555,365
191,479
-
2,891,647
Fines and forfeitures
1,752,696
-
-
706,580
2,459,276
Impact fees
-
-
20,830
1,596
22,426
Interest income
131,059
10,572
2,768
25,099
4,654
174,152
Miscellaneous
77,205
226,590
-
-
-
303,795
Total revenues
32,444,123
7,142,416
1,893,044
25,099
888,934
42,393,616
EXPENDITURES
Current:
General government
4,266,981
-
4,266,981
Public safety
18,287,013
-
-
126,312
18,413,325
Community services
4,732,985
6,819,502
753,233
-
12,305,720
Capital outlay
1,601,779
131,435
775,307
-
541,735
3,050,256
Debt service:
Principal
-
-
-
310,000
650,000
960,000
Advance refunding escrow
-
597,856
597,856
Interest
-
198,072
789,231
987,303
Trustee fees and other
-
77,909
77,909
Total expenditures
28,888,758
6,950,937
1,528,540
508,072
2,783,043
40,659,350
Excess (deficiency) of
revenues over expenditures
3,555,365
191,479
364,504
(482,973)
(1,894,109)
1,734,266
OTHER FINANCING SOURCES (USES):
Issuance of debt
-
-
-
-
9,885,000
9,885,000
Transfers in
82,250
100,000
508,465
2,057,088
2,747,803
Transfers out
(2,218,622)
(446,931)
-
(82,250)
(2,747,803)
Payment to refunded bond
escrow agent
(9,810,000)
(9,810,000)
Total other financing
sources (uses)
(2,136,372)
(346,931)
-
508,465
2,049,838
75,000
Net change in fund
balances
1,418,993
(155,452)
364,504
25,492
155,729
1,809,266
FUND BALANCES, beginning
38,219,198
2,382,689
446,809
112,680
1,134,799
42,296,175
FUND BALANCES, ending
$ 39,638,191
$ 2,227,237 $
811,313
$ 138,172 $
1,290,528
$ 44,105,441
The accompanying notes to financial statements are an integral part of these statements.
18
CITY OF AVENTURA, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF ACTIVITIES
For the Year Ended September 30, 2012
Net change in fund balances - total governmental funds
Amounts reported for governmental activities in the
statement of activities are different because:
Governmental funds report capital outlays as expenditures.
However, in the statement of activities the cost of
those assets is depreciated over their estimated useful
lives and reported as depreciation expense. This is the
amount by which depreciation exceeded capitalized
capital outlays in the current period:
Expenditures for capital assets
Less current year's depreciation
In the statement of activities, the loss on the disposal
of assets is reported, whereas in the governmental
funds, the proceeds from the sale increase financial
resources. The change in net assets differs from the
change in fund balance by:
Cost of the assets disposed
Related accumulated depreciation
The issuance of long -term debt provides current
financial resources to governmental funds: however,
has no effect on net assets:
Bond issue costs, net
Issuance of debt
Repayment of bond principal is an expenditure in the
governmental funds, but the repayment reduces
long -term liabilities in the statement of net assets.
Some expenses reported in the statement of activities
do not require the use of current financial resources
and, therefore, are not reported as expenditures in
governmental funds:
Net pension obligation (asset)
OPEB obligation
Interest
Deferred loss on refunding, net of amortization
Amortization of bond issuance costs
Compensated absences
Receivables and deferred revenues in governmental
funds are susceptible to full accrual on the
government -wide statements
Change in net assets of governmental activities
$ 2,548,801
(4,172,316)
(370,471)
355,332
(256,716)
(9,885,000)
(13,255)
(14,000)
35,858
359,757
(17,855)
(53,085)
$ 1,809,266
(1,623,515)
(15,139)
(10,141,716)
11,125,000
297,420
333,646
$ 1,784,962
The accompanying notes to financial statements are an integral part of these statements.
19
CITY OF AVENTURA, FLORIDA
STATEMENT OF NET ASSETS
PROPRIETARY FUND
September 30, 2012
Stormwater
Utility
Fund
ASSETS:
Current assets:
Cash, cash equivalents and investments $ 1,299,305
Due from other governments 173,903
Total current assets 1,473,208
Noncurrent assets:
Capital assets, net of accumulated depreciation 7,126,772
Total noncurrent assets 7,126,772
Total assets 8,599,980
LIABILITIES:
Current liabilities:
Accounts payable 44,165
Total liabilities 44,165
NET ASSETS:
Invested in capital assets 7,126,772
Unrestricted 1,429,043
Total net assets $ 8,555,815
The accompanying notes to financial statements are an integral part of these statements.
20
CITY OF AVENTURA, FLORIDA
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS
PROPRIETARY FUND
For the Year Ended September 30, 2012
Stormwater
Utility
Fund
OPERATING REVENUES:
Charges for services $ 892,395
OPERATING EXPENSES:
Cost of sales and services 460,862
Depreciation expense 297,323
Total operating expenses 758,185
Operating income 134,210
NONOPERATING REVENUES:
Interest income 4,124
Change in net assets 138,334
NET ASSETS, beginning 8,417,481
NET ASSETS, ending $ 8,555,815
The accompanying notes to financial statements are an integral part of these statements.
21
CITY OF AVENTURA, FLORIDA
STATEMENT OF CASH FLOWS
PROPRIETARY FUND
For the Year Ended September 30, 2012
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash received from customers, users and other $ 794,177
Cash paid to suppliers (461,054)
Net cash provided by operating activities 333,123
CASH FLOWS PROVIDED BY INVESTING ACTIVITIES:
Interest received 4,124
Net cash provided by investing activities
4,124
Net increase in cash, cash equivalents and investments
337,247
CASH, CASH EQUIVALENTS AND INVESTMENTS, beginning
962,058
CASH, CASH EQUIVALENTS AND INVESTMENTS, ending
$ 1,299,305
RECONCILIATION OF OPERATING INCOME TO NET CASH
PROVIDED BY OPERATING ACTIVITIES:
Operating income
$ 134,210
Adjustments to reconcile operating income to
net cash provided by operating activities:
Depreciation expense
297,323
Changes in assets and liabilities:
Increase in due from other governments
(98,218)
Decrease in accounts payable
(192)
Total adjustments
198,913
Net cash provided by operating activities
$ 333,123
The accompanying notes to financial statements are an integral part of these statements.
22
CITY OF AVENTURA, FLORIDA
STATEMENT OF FIDUCIARY NET ASSETS
POLICE OFFICERS' RETIREMENT PLAN FUND
September 30, 2012
ASSETS:
Investments, at fair value:
Common stocks
$ 12,656,232
U.S. Government securities
3,079,672
Corporate bonds
3,090,033
Money market funds
1,189,750
Receivables:
Employer contributions
106,694
Employee contributions
18,906
Other receivables
3,864
Accrued interest
52,899
Total assets 20,198,050
LIABILITIES:
Accounts payable 1,925
Total liabilities 1,925
Net assets held in trust for pension benefits $ 20,196,125
The accompanying notes to financial statements are an integral part of these statements.
23
CITY OF AVENTURA, FLORIDA
STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS
POLICE OFFICERS' RETIREMENT PLAN FUND
For the Year Ended September 30, 2012
ADDITIONS:
Contributions:
Employer $ 1,655,005
Employees 519,494
State of Florida, premium tax 268,692
Total contributions 2,443,191
Investment earnings:
Net appreciation in fair value of investments 2,440,457
Interest and dividend income 399,374
Total investment income 2,839,831
Less investment expense 167,859
Net investment income 2,671,972
Total additions 5,115,163
DEDUCTIONS:
Administrative expenses 34,609
Benefits paid 203,805
Total deductions 238,414
Change in net assets 4,876,749
NET ASSETS HELD IN TRUST FOR PENSION BENEFITS, beginning 15,319,376
NET ASSETS HELD IN TRUST FOR PENSION BENEFITS, ending $ 20,196,125
The accompanying notes to financial statements are an integral part of these statements.
24
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Aventura, Florida (the "City ") was incorporated on November 7, 1995, under
the provisions of Chapter 63 -1675 Laws of Florida. The City operates under a commission -
manager form of government and provides the following full range of municipal services as
authorized by its charter: public safety, highways and streets, building, licensing and code
compliance, culture and recreation, public works and stormwater management, public records and
general administrative services.
The Comprehensive Annual Financial Report (the "CAFR ") of the City includes all funds.
The financial statements of the City have been prepared to conform with accounting principles
generally accepted in the United States of America ( "GAAP ") as applicable to state and local
governments. The Governmental Accounting Standards Board ( "GASB ") is the accepted standard -
setting body for establishing governmental accounting and financial reporting principles.
Significant accounting and reporting policies and practices used by the City are described
below:
A. Financial Reporting Entity
Accounting principles generally accepted in the United States of America require that the
reporting entity include: (1) the primary government, (2) organizations for which the primary
government is financially accountable and (3) other organizations for which the nature and
significance of their relationship with the primary government are such that exclusion would cause
the reporting entity's financial statements to be misleading or incomplete. The criteria provided in
Section 2100 of the Codification of Government Accounting and Financial Reporting Standards
have been considered and there are no agencies or entities which should be presented with the
City.
B. Government Wide and Fund Financial Statements
The basic financial statements include both government -wide (based on the City as a whole)
and fund financial statements.
The government -wide financial statements (i.e., the statement of net assets and the
statement of activities) report information on all activities of the City. For the most part, the effect
of interfund services provided and used has been eliminated from these statements. Governmental
activities, which normally are supported by taxes and intergovernmental revenues, are reported
separately from business -type activities, which rely to a significant extent on fees and charges for
services.
The government -wide statement of activities demonstrates the degree to which the direct
expenses of a given function or segment is offset by program revenues. Direct expenses are those
expenses that are clearly identifiable with a specific function or segment. Program revenues
include: 1) charges to customers or applicants who purchase, use or directly benefit from goods,
services or privileges provided by a given function or segment and 2) grants and contributions that
are restricted to meeting the operation or capital requirements of a particular function or segment.
Taxes and other items not properly included among program revenues are reported instead as
general revenues.
The net cost (by function) is normally covered by general revenue (i.e., property taxes,
sales taxes, franchise taxes, unrestricted intergovernmental revenues, interest income, etc.)
25
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Separate fund financial statements are provided for governmental funds, proprietary funds
and fiduciary funds, even though the latter are excluded from the government -wide financial
statements. The focus of fund financial statements is on major funds. Major individual
governmental funds and the major individual enterprise fund are reported as separate columns in
the fund financial statements. GASB Statement No. 34 sets forth minimum criteria (percentage of
assets, liabilities, revenues or expenditures /expenses of either fund category for the governmental
and enterprise, combined or funds that management deems of public importance) for the
determination of major funds. The nonmajor funds are combined and presented in a single column
in the fund financial statements.
The government- wide -focus is more on the- sustainability of the City as an entity and the -
change in aggregate financial position resulting from the activities of the fiscal period. The focus
of the fund financial statements is on the major individual funds of the governmental and business-
type categories, (by category). Each presentation provides valuable information that can be
analyzed and compared to enhance the usefulness of the information.
C. Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government -wide financial statements are reported using the economic resources
measurement focus and the accrual basis of accounting, as are the proprietary and fiduciary fund
financial statements. Revenues are recorded when earned and, expenses are recorded when a
liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized
as revenues in the year when an enforceable lien exists and when levied for. Grants and similar
items are recognized as revenues as soon as all eligibility requirements imposed by the provider
have been met.
Governmental fund financial statements are reported using the current financial resources
measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon
as they are both measurable and available. Revenues are considered to be available when they are
collectible within the current period or soon enough thereafter to pay liabilities of the current
period. For this purpose, the government considers revenues to be available if they are collected
within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a
liability is incurred, as under accrual accounting. However, debt service expenditures, as well as
expenditures related to compensated absences, pension, other postemployment benefits and claims
and judgments, are recorded only when due.
Property taxes when levied for, franchise fees, utility taxes, charges for services, impact
fees, intergovernmental revenues when eligibility requirements are met and interest associated with
the current fiscal period are all considered to be measurable and have been recognized as revenues
of the current fiscal period, if available. All other revenue items such as fines and forfeitures and
licenses and permits are considered to be measurable and available when cash is received by the
City.
Proprietary fund -type operating statements present increases (e.g., revenues) and decreases
(e.g., expenses) in net total assets. Proprietary funds distinguish operating revenues and expenses
from non - operating items. Operating revenues and expenses generally result from providing
services and producing and delivering goods in connection with a proprietary fund's principal
ongoing operations. The principal operating revenues of the proprietary fund are charges to
customers for sales and services. Operating expenses for proprietary funds include the costs of
sales and services, administrative expenses and depreciation on capital assets. All revenues and
expenses that do not meet this definition are reported as non - operating revenues or expenses.
26
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The City reports the following major governmental funds:
General Fund - This fund is the principal operating fund of the City. All general tax
revenues and other receipts that are not allocated by law or contractual agreement to
another fund are accounted for in this fund.
Charter School Fund - This fund is used to account for revenues and expenditures
from the operations of the Aventura City of Excellence School, a special revenue
fund of the City.
Street Maintenance Fund - This fund is used to account for revenues and
expenditures, which by State Statue are designated for street maintenance and
construction costs.
Debt Service Fund Series 2000 - is used to account for the payment of principal,
interest and other expenditures associated with the Series 2000 Revenue Bonds.
The City reports the following major proprietary fund:
Stormwater Utility Fund - This fund accounts for the operation of the City's
stormwater system.
Additionally, the government reports the following fiduciary fund type:
Police Officers' Retirement Plan Fund - This fund accounts for the activities of the
Police Officers' Retirement Plan that accumulates resources for pension benefits to
qualifying police officers.
The private- sector standards of accounting and financial reporting issued prior to December
1, 1989, generally are followed in both the government -wide and proprietary fund financial
statements to the extent that those standards do not conflict with or contradict guidance of the
GASB. Governments also have the option of following subsequent private- sector guidance for their
business -type and enterprise funds, subject to the same limitation. The government has elected not
to follow subsequent private - sector guidance.
As a general rule, the effect of interfund activity has been eliminated from the government -
wide financial statements. Amounts reported as program revenues include: 1) charges to customers
or applicants for goods, services or privileges provided and fines and forfeitures, 2) operating
grants and contributions and 3) capital grants and contributions. Internally dedicated resources are
reported as general revenues rather than as program revenues. Likewise, general revenues include
all taxes.
The City uses restricted amounts to be spent first when both restricted and unrestricted
fund balance is available unless there are legal documents /contracts that prohibit doing this, such
as in grant agreements requiring dollar for dollar spending. Additionally, the City would first use
committed fund balance, followed by assigned fund balance and then unassigned fund balance
when expenditures are incurred for purposes for which amounts in any of the unrestricted fund
balance classifications could be used.
27
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Cash, cash equivalents and investments - Cash and cash equivalents are defined as demand
deposits, money market accounts and other short-term investments with original maturities
of three months or less from the date of acquisition.
The City maintains a pooled cash account for all funds. This enables the City to invest
large amounts of idle cash for short periods of time and to optimize earnings potential.
Cash and cash equivalents represents the amount owned by each City fund. Resources of
all funds, with the exception of the pension fund, are also combined into investment pools
for the purpose of maximizing investment yields. Interest earned on pooled cash and
investments is allocated monthly based on cash balances of the respective funds.
The City's investments are reported at their fair value based on quoted market prices as
reported by recognized security exchanges except for the Guaranteed Investment Contract
which is recorded at cost and the City's investment in the Florida PRIME which is
recorded at the amortized cost method.
The pension plan's investments in common stocks, corporate bonds and U.S. government
securities are reported at fair value based on quoted market price. Investments in money
market funds are valued at amortized cost.
2. Receivables and payables - Transactions between funds that are representative of an
outstanding lending /borrowing arrangement at the end of the year are referred to as either
"interfund receivables / payables." Any residual outstanding balances between the
governmental activities and business -type activities at year -end are reported in the
government -wide financial statements as internal balances.
3. Prepaid expenses /expenditures - Certain payments to vendors reflect costs applicable to a
future accounting period and are recorded as prepaid items in both government -wide and
fund financial statements.
4. Inventories - Inventories are valued at the lower of cost (first -in, first -out) or market. These
amounts are reported as nonspendable in governmental fund financial statements. Inventory
is accounted for using the consumption method whereby inventories are recorded as
expenditures when they are used.
5. Capital assets - Capital assets purchased or acquired with an original cost of $ 5,000 or
more are reported at historical cost or estimated historical cost. Contributed assets are
reported at fair value as of the date received. Additions, improvements and other capital
outlays that significantly extend the useful life of an asset are capitalized. Other costs
incurred for repairs and maintenance are expensed as incurred. Depreciation on all assets is
provided on the straight -line basis over the following estimated useful lives:
Buildings 25
Improvements other than buildings 20-30
Infrastructure 20-40
Furniture, machinery and equipment 3 -20
Within governmental funds (government -wide level), amounts incurred for the acquisition
of capital assets are reported as fund expenditures. Depreciation expense is not reported
within the governmental fund financial statements.
28
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
6. Unearned /deferred revenue - Unearned revenues at the government -wide level,
governinental and business-type activities, are reported when the City receives resources
before it has earned the revenues. Furthermore, governmental funds report deferred
revenue in connection with receivables for revenues that are not considered to be available
to liquidate liabilities of the current period.
7. Compensated absences payable - The City's sick leave policy permits employees to
accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out,
between 0 - 100% based on length of service.
The City's vacation policy is that earned vacation is cumulative although limited to certain
maximums based on length of service.
Accumulated compensated absences are recorded in the government -wide and proprietary
fund financial statements when earned. Expenditures for accumulated compensated
absences have been recorded in the governmental funds only if they have matured, (e.g.,
resulting from employee resignations and retirements). Payments are generally paid out of
the General Fund.
Long-term obligations - In the government -wide financial statements and proprietary fund
types in the n mancial statements, long -term debt and other long -term obligations are
reported as liabilities in the applicable governmental activities, business -type activities or
proprietary fund type statement of net assets. Bond premiums, discounts and issuance costs
are deferred and amortized over the life of the bonds using the straight line method, which
approximates the effective interest method. Bonds payable are reported net of the
applicable premiums and discounts. For bond refundings resulting in the defeasance of debt
reported in the government -wide financial statements and proprietary fund types in the fund
financial statements, the difference between the reacquisition price and the net carrying
amount of the old debt is deferred and amortized as a component of interest expense. The
accounting gain or loss is amortized over the remaining life of the old debt or the life of the
new debt, whichever is shorter, and is presented as an addition to or reduction of the face
amount of the new debt.
In the fund financial statements, governmental fund types recognize bond premiums and
discounts, as well as bond issue costs in the year of issuance. Bond proceeds at face value
and premiums are reported as other financing source. Bond discounts are reported as other
financing use. Issuance costs, even if withheld from the actual net proceeds received, and
bond principal payments are reported as debt service expenditures.
9. Equity classifications
Government -Wide and Proprietary Fund Statements:
Equity is classified as net assets and displayed in three components:
a. Invested in capital assets, net of related debt - consists of capital assets, net
of accumulated epreciation and reduced y the outstanding balances of any
bonds, notes or other borrowings that are attributable to the acquisition,
construction or improvements of those assets.
b. Restricted net assets - consists of net assets with constraints placed on the
use either y: external groups such as creditors, grantors, contributors or
laws or regulations of other governments, or 2) law through constitutional
provisions or enabling legislation.
C. Unrestricted net assets - all other net assets that do not meet the definition of
"restricted" or invested in capital assets, net of related debt. "
29
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Fund Equity:
The City follows GASB Statement No. 54, Fund Balance Reporting and
Governmental Fund Type Definitions which requires that governmental fund financial
statements present fund balances based on classifications that comprise a hierarchy that is
based primarily on the extent to which the City is bound to honor constraints on the
specific purposes for which amounts in the respective governmental funds can be spent.
The classifications used in the governmental fund financial statements are as follows:
Nons endable: This classification includes amounts that cannot be spent because
they are either (a) not in spendable form or (b) are legally or contractually required
to be maintained intact. "Not in spendable form" includes items that are not
expected to be converted to cash (such as inventories and prepaid amounts) and
items such as long -term amount of loans and notes receivable, as well as property
acquired for resale. The corpus (or principal) of a permanent fund is an example of
an amount that is legally or contractually required to be maintained intact. In fiscal
year 2012, this represents $ 63,804.
Restricted: This classification includes amounts for which constraints have been
p ac�the use of the resources either (a) externally imposed by creditors (such as
through a debt covenant), grantors, contributors, or laws or regulations of other
governments, or (b) imposed by law through constitutional provisions or enabling
legislation. In fiscal year 2012, this represents $ 2,240,013.
Committed: This classification includes amounts that can be used only for the
specific purposes determined by a formal action of the government's highest level of
decision making. The City Commission is the highest level of decision- making
authority for the government that can, by adoption of an ordinance prior to the end
of the fiscal year, commit fund balance. Once adopted, the limitation imposed by
the ordinance remains in place until a similar action is taken (the adoption of
another ordinance) to remove or revise the limitation. Resources accumulated
pursuant to stabilization arrangements are reported in this category. In fiscal year
2012, this represents $ 19,773,488.
Ass igned: This classification includes amounts that are constrained by the City's
intent to be used for a specific purpose but are neither restricted nor committed.
The City Commission has by resolution authorized the City Manager to assign fund
balance. The City Commission may also assign fund balance as it does when
appropriating fund balance to cover a gap between estimated revenue and
appropriations in the subsequent year's budget. Unlike commitments, assignments
generally can only exist temporarily. In other words, an additional action does not
normally have to be taken for the removal of an assignment. Conversely, as
discussed above, an additional action is essential to either remove or revise a
commitment. In fiscal year 2012, this represents $ 7,943,914. In the general fund,
assigned fund balance for subsequent year's budget is comprised of $ 3,942,564 and
$ 244,872 representing the appropriation of a portion of existing fund balance in the
2012 budget and outstanding encumbrances, respectively.
Unassigned: This classification includes the residual fund balance for the General
Fund. This classification represents fund balance that has not been assigned to
other funds and that has not been restricted, committed, or assigned to specific
purposes within the General Fund. Unassigned fund balance may also include
negative balances for any governmental fund if expenditures exceed amounts
restricted, committed or assigned for those specific purposes. In fiscal year 2012,
this represents $ 14,084,022.
30
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
10. Minimum Fund Balance Policy and Hurricane /Emergency and Disaster Recovery Reserve
- The City's policy is to maintain an adequate General Fund balance to meet seasonal
shortfalls in cash flow and reduce susceptibility to emergency and unanticipated
expenditures and /or revenue shortfalls. The City's Commission has adopted a financial
standard to maintain. a Hurricane /Emergency and Disaster Recovery's Operating Reserve
at a minimum level of $ 5,000,000 and a Fiscal Stability Reserve of 10% of the annual
General Fund revenue.
11. Encumbrances - Encumbrance accounting, under which purchase orders, contracts and
other commitments for the expenditure of funds are recorded in order to reserve that
portion of the applicable appropriation, is employed as an extension of formal budgetary
integration.
Encumbrances are recorded at the time a purchase order or other commitment is entered
into. Encumbrances outstanding at year -end represent the estimated amount of expenditures
which would result if unperformed purchase orders and other commitments at year -end are
completed. Encumbrances lapse at year -end; however, the City generally intends to honor
purchase orders and other commitments in process. As a result, encumbrances outstanding
at year -end are re- appropriated in the next fiscal year and are therefore presented as
committed or assigned fund balance for the subsequent year.
12. Use of estimates - The preparation of financial statements in conformity with accounting
principles generally accepted in the United States of America requires management to make
estimates and assumptions that affect certain reported amounts and disclosures.
Accordingly, actual results could differ from those estimates.
13. Date of management review - Subsequent events were evaluated by management through
February 19, 2013, which is the date the financial statements were available to be issued.
NOTE 2 - PROPERTY TAXES
Property taxes are assessed as of January 1 each year and are first billed (levied) and due
the following November 1.
Under Florida law, the assessment of all properties and the collection of all county,
municipal, school board and special district property taxes are consolidated in the Offices of the
County Property Appraiser and County Tax Collector. The laws for the State regulating tax
assessments are also designed to assure a consistent property valuation method statewide. State
statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($ 10 per $ 1,000 of
assessed taxable valuation). The millage rate assessed by the City for the year ended September
30, 2012 was 1.7261 mills.
The City's tax levy is established by the City Commission prior to October 1 of each year,
and the County Property Appraiser incorporates the millage into the total tax levy, which includes
Miami -Dade County, Miami -Dade County School Board and certain other special taxing districts.
All property is reassessed according to its fair market value as of January 1 each year.
Each assessment roll is submitted to the Executive Director of the Florida Department of Revenue
for review to determine if the assessment rolls meet all of the appropriate requirements of State
Statutes.
31
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 2 - PROPERTY TAXES (continued)
All real and tangible personal property taxes are due and payable on November 1 each year
or as soon as practicable thereafter as the assessment roll is certified by the County Property
Appraiser. Miami -Dade County mails each property owner on the assessment roll a notice of the
taxes due and collects the taxes for the City. Taxes may be paid upon receipt of the notice from
Miami -Dade County, with discounts at the rate of 4 % if paid in the month of November, 3 % if
paid in the month of December, 2 % if paid in the month of January and 1 % if paid in the month of
February. Taxes paid during the month of March are without discount, and all unpaid taxes on real
and tangible personal property become delinquent and liens are placed on April 1 of the year
following the year in which the taxes were assessed. Procedures for the collection of delinquent
taxes by Miami -Dade County are provided for in the laws of Florida. There were no material
delinquent property taxes as of September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS
Deposits:
The City's custodial credit risk policy is in accordance with Florida Statutes. Florida
Statutes authorize the deposit of City funds in demand deposits or time deposits of financial
institutions approved by the State Treasurer. These are defined as public deposits. All City public
deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes,
"Florida Security for Public Deposits Act. " Under the act, all qualified public depositories are
required to pledge eligible collateral having a market value equal to or greater than the average
daily or monthly balance of all public deposits times the depository's collateral pledging level. The
collateral pledging level may range from 50 % to 125 % depending upon the depository's financial
condition and the length of time that the depository has been established. All collateral must be
deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are
covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary,
assessment against other qualified public depositories of the same type as the depository in default.
The City's bank balances were insured either by the federal depository insurance corporation or
collateralized in the bank's participation in the Florida Security for Public Deposits Act.
The Florida SBA Pool is not a registrant with the Securities and Exchange Commission
( "SEC "); however, its board has adopted operating procedures consistent with the requirements
for a 2a -7 fund. The SBA investments are allocated among two funds, Fund A and Fund B
(hereinafter referred to as "Florida PRIME" and "LGIP -B "). For the Florida PRIME, a 20-like
pool, the value of the City's position is the same as the value of the pool shares and is recorded at
amortized cost. At September 30, 2012, the City's investment in the Florida PRIME was that of
$ 17,231,105. In accordance with these requirements, the method used to determine the
participants' shares sold and redeemed is the amortized cost method. The amortized cost method is
the same method used to report investments. Amortized cost includes accrued income and is a
method of calculating an investment's value by adjusting its acquisition cost for the amortization of
discount or premium over the period from purchase to maturity. Thus, the City's account balance
in the SBA is its amortized cost. The LGIP -B pool is accounted for as a fluctuating net asset value
"NAV." The balance of the City's investment in LGIP -B at year end amounted to $ 87,412, with
a net asset value factor of 0.94896811. The SBA is governed by Chapter 19 -7 of the Florida
Administrative Code. These rules provide guidance and establish the general operating procedures
for the administration of the SBA. Additionally, the Office of the Auditor General of the State of
Florida performs the operational audit of the activities and investment of the SBA. The SBA
accounts are not subject to custodial credit risk as these investments are not evidenced by securities
that exist in physical or bank entry form.
32
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
Investments:
On June 2, 2009 and on November 1, 2011, the City adopted and re- adopted, respectively,
Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual, entitled
"Investments Objective and Parameters," as the City's Investment Policy for the management of
Public Funds ( "the policy "). The policy was created in accordance with Section 218.415, Florida
Statutes. The policy applies to all investments held and controlled by the City, with the exception
of the Police Officers' Pension Plan and its debt issuance where there are other existing policies or
indentures in effect for the investment of related funds.
The City's policy for investments other than pension plan and debt issuance is summarized
herein. The Finance Director has responsibility for the type of investments the City makes. The
investment policy establishes permitted investments, asset allocation, issuer limits, credit rating
requirements and maturity limits to protect the City's assets. All investment securities are held by
a Trust custodian, and are managed by financial advisors. In general, the City's policy allows to
invest, in the following: (1) securities and obligations of the United States and its agencies; (2)
nonnegotiable interest bearing time deposits or savings accounts provided that such deposits are
secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280,
Florida Statutes; (3) repurchase agreements collateralized by full or general faith and credit
obligations of the U. S. Government or Agency securities; (4) the Florida Local Government
Surplus Funds Trust Fund "SBA "; (5) intergovernmental investment pools authorized pursuant to
the Florida Interlocal Cooperation Act, provided by Section 163.01, Florida Statutes, and provided
that such funds contain no derivatives; (6) money market mutual funds - registered investment
companies with the highest credit quality rating; (7) commercial paper of any U.S. company; (8)
corporate notes; and (9) taxable /tax - exempt municipal bonds.
The City policy for pension investments is under the oversight of the Plan's Board of
Trustees (the "Board "). The Board contracts with investment advisory firms and approves any new
investment vehicles presented by the consultants. The Board follows all applicable state statutes.
The City has a Guaranteed Investment Contract ( "GIC ") that is not subject to interest rate
risk classification because it is a direct contractual investment and is not a security. The GIC also
is not rated for credit risk classification purposes. The GIC provides for a guaranteed return on
investments over a specific period of time at a rate of 5.04% per annum. The collateral value of
the GIC as of September 30, 2012 is $ 525,205 and is expected to continue to be sufficient to meet
the reserve fund requirement for the Series 2000A Revenue Note of a minimum of $ 500,000. The
GIC is recorded at the contract amount which is $ 500,657.
33
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
As of September 30, 2012, the City's cash, cash equivalents and investments consisted of
the following:
Cash and cash equivalents and investments:
$ 46,687,366
State Board of Administration -
500,657
SBA, Florida PRIME
$ 17,231,105
Deposits with financial institutions
13,748,308
U.S. Government obligations
6,050,354
U.S. Treasury bills
5,339,664
Municipal obligations
1,218,924
Corporate bonds
1,164,332
Asset backed securities
813,185
Guarenteed investment contract
500,657
Commercial paper
499,531
Collateralized mortgage obligations
324,303
Motgage- backed securitires
113,322
Money market funds
94,471
State Board of Administation -Fund B
87,412
Petty Cash
2,455
47,188,023
Fiduciary fund investments:
Common stocks 12,656,232
Corporate bonds 3,090,033
U.S. Government securities 3,079,672
Money market funds 1,189,750
20,015,687
$ 67,203,710
Cash, cash equivalents and investments are classified in the accompanying financial
statements as follows:
Statement of Net Assets:
Cash, cash equivalents and investments
$ 46,687,366
Restricted cash, cash equivalents and investments
500,657
47,188,023
Statement of Fiduciary Net Assets:
Common stocks
12,656,232
Corporate bonds
3,090,033
U.S. Government securities
3,079,672
Money market funds
1,189,750
20,015,687
$ 67,203,710
34
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
Interest rate risk — The City's policy is to limit its exposure to fair value losses arising from
changes in interest rates by structuring the investment portfolio so that securities mature to meet
cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open
market prior to maturity, and investing operating funds primarily in shorter -term securities, money
market mutual funds or similar investment pools.
This is the risk that changes in market interest rates will adversely affect the fair value of
an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of
its fair value to changes in market interest rates. The City's policy is that unless matched with
specific cash flow, the City will not directly invest in securities maturing more than seven (7)
years from the date of purchase. Because of inherent difficulties in accurately forecasting cash
flow requirements, a portion of the portfolio should be continuously invested in readily available
funds to ensure that proper liquidity is maintained to meet ongoing obligations.
The City does not
have a formal
investment
policy for its
pension funds that limits
investment maturities as a
means of managing
its exposure to fair
value losses arising from
increasing interest rates.
Information about the exposure of the City's debt -type investments to this risk using the
segmented time distribution
model is as follows:
Time to Maturity (in Years)
Greater
Summary of Investments
Fair
Less Than
1 -5
6 -10 Than
and Interest Rate Risk
Value
1 Year
Years
Years 10 Years
City Investments:
State Board of Administration -
SBA, Florida PRIME
$ 17,231,105
$ 17,231,105
$ -
$ $ -
U.S. Government obligations
6,050,354
2,082,402
3,967,952
- -
U.S. Treasury bills
5,339,664
1,291,201
4,048,463
-
Municipal obligations
1,218,924
200,543
1,018,381
-
Corporate bonds
1,164,332
566,756
597,576
- -
Asset backed securities
813,185
-
813,185
- -
Commercial paper
499,531
499,531
-
- -
Collateralized mortgage obligations
324,303
-
206,173
118,130
Mortgage- backed securities
113,322
-
113,322
- -
Money market funds
94,471
94,471
-
- -
State Board Administration -
SBA, Fund B
87,412
-
-
87,412 -
Subtotal - City Investments
32,936,603
21,966,009
10,765,052
205,542 -
Fiduciary Fund:
Corporate bonds
3,090,033
285,840
1,888,838
915,355 -
U.S. Government securities
3,079,672
985,551
1,784,342
309,779 -
Money market funds
1,189,750
1,189,750
-
- -
Subtotal - Fiduciary Fund
7,359,455
2,461,141
3,673,180
1,225,134 -
Total investments
$ 40,296,058
$ 24,427,150
$ 14,438,232
$ 1,430,676 $ -
35
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
Credit Risk - Generally, credit risk is the risk that an issuer of a debt -type investment will
not fulfill its obligation to the holder of the investment. This is measured by assignment of a rating
by a nationally - recognized rating organization. The City's investment policy provides strict
guidelines and limits investments to highly rated securities with minimum ratings of AAA /Aaa
(long term securities), A -1 /P -1 (short term securities), and AAAm (money market mutual funds).
The Finance Director shall determine the appropriate action for any investment held that is
downgraded below the minimum rating by one or more rating agencies.
The pension fund limits its credit risk by limiting its fixed income investments to securities
with the top (4) ratings issued by nationally recognized statistical rating organizations.
U.S. government securities or obligations explicitly guaranteed by the U.S. government are
not considered to have credit risk exposure. Investments in the LGIP -B, certain money market
funds, certain U.S. government obligations and certain corporate bonds are not rated. The City's
and fiduciary fund's portfolio is rated by Standard & Poor's and Moody's Investor Services,
respectively, as follows:
Rating
City Investments:
AAA
AAAm
AA +
AA
AA-
A+
A -1 +
A -1
Not Rated
Fiduciary Fund:
Al
A2
A3
AA2
AA3
Not rated
Fair
Value
$ 1,528,823
17,325,576
12,151,606
642,348
181,416
103,072
513,827
199,699
290,236
32,936,603
930,003
1,116,957
438,484
62,189
542,400
4,269,422
7,359,455
$ 40,296,058
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
Concentration - The City's policy is to maintain a diversified portfolio to minimize the risk
of loss resulting from concentration of assets in a specific issuer. Specific limits have been
established which limit the percentage of portfolio assets that can be invested with a specific
issuer. GASB Statement No. 40, Deposit and Investment Risk Disclosures, requires disclosure
when the percentage is 5 % or more in any one issuer. Investments issued or explicitly guaranteed
by the U.S. government and investments in mutual funds external investments pools, or other
pooled investments are excluded from this requirement. At September 30, 2012 the City had
investments in the Federal National Mortgage Association (Fannie Mae) amounting to 6.15 % of
the total investments held by the City.
The pension fund limits investments that may be invested in any one issuer to no more than
5% of plan net assets, other than those issued by the U.S. Government or its Agencies. More than
5% of the Fund's plan net assets are invested in debt securities issued by the U. S. Treasury. The
U. S. Treasury investments represented 11.69% of Plan Net Assets. Given the restriction to the
highest rating, this concentration is not viewed to be an additional risk to the City.
Custodial credit risk - For an investment, custodial credit risk is the risk that, in the event
of the failure of the counterparty (e.g., broker - dealer) to a transaction, a government will not be
able to recover the value of its investment or collateral securities that are in the possession of
another party. The City's investment policy requires securities, with the exception of certificates of
deposit, to be registered in the City's name and held with a third party custodian.
Foreign credit risk - For an investment, foreign credit risk is the risk that fluctuations in
currency exchange rates may affect transactions conducted in currencies other than U.S. dollars
and the carrying value of foreign investments. The City is not exposed to foreign credit risk. The
pension fund's exposure to foreign credit risk derives mainly from its investments in international
equity securities which amounted to $ 2,759,188 in U.S. dollars. The pension fund's investment
policy limits the foreign investments to no more than 25% of the pension fund's investment
balance. As of the year end, the foreign investments were 13.78% of total investments. The
investments by currency type are as follows:
Currencv Fair Value
Australia
99,971
Canada
319,906
France
219,935
Germany
99,971
Japan
279,918
Netherlands
359,894
United Kingdom
499,853
Switzerland
139,959
Other
739,781
Total
$ 2,759,188
37
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 4 - RECEIVABLES
Receivables as of September 30, 2012 consist of the following:
Charter
Nonmajor
General
School
Govermental
Fund
Fund
Funds
Total
Governmental funds:
Utility service taxes
$ 436,252
$ - $
- $
436,252
Police services
96,688
-
59,345
156,033
Vendors
47,051
12,500
-
59,551
Franchise fees
35,925
-
-
35,925
Total governmental
funds
$ 615,916
$ 12,500 $
59,345 $
687,761
NOTE 5 - INTERFUND TRANSFERS
Interfund transfers during the year ended September 30, 2012 were as follows:
Transfers Transfers
In not
General Fund $ 82,250 $ 2,218,622
Charter School Fund 100,000 446,931
Debt Service Fund Series 2000 508,465 -
Other nonmajor governmental funds 2,057,088 82,250
$ 2,747,803 $ 2,747,803
Transfers are used to: (1) move revenues from the fund that statute or budget requires to
collect them, to the fund that statute or budget requires to expend them from or (2) use of
unrestricted revenues collected in the General Fund to finance various programs accounted for in
other funds in accordance with budgetary authorizations. Transfers to the General Fund represent
reimbursement of cost from the 911 Fund of $ 82,250. The transfer to the Charter School Fund
consists of $ 100,000 from the General Fund which is being used to support future capital projects
occurring in the Charter School Special Revenue Fund. The remaining transfers represent transfers
to meet debt service requirements in the Debt Service Funds.
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 6 - CAPITAL ASSETS
Capital assets activity for the year ended September 30, 2012 was as follows:
Balance
Retirements
Balance
October 1,
and
September 30,
2011
Additions
Transfers
2012
Governmental activities:
Capital assets, not
being depreciated:
Land
$
17,102,344
$
-
$
-
$
17,102,344
Construction in progress
513,337
574,554
(513,337)
574,554
Total capital assets,
not being depreciated
17,615,681
574,554
(513,337)
17,676,898
Capital assets, being depreciated:
Buildings
43,822,365
417,573
-
44,239,938
Improvements other
than buildings
10,976,633
261,202
(4,036)
11,233,799
Infrastructure
36,703,862
1,217,005
-
37,920,867
Furniture, machinery
and equipment
14,011,207
591,804
(366,435)
14,236,576
Total capital assets,
being depreciated
105,514,067
2,487,584
(370,471)
107,631,180
Less accumulated depreciation for:
Buildings
8,759,315
1,283,074
-
10,042,389
Improvements other
than buildings
2,781,704
420,441
(1,170)
3,200,975
Infrastructure
12,713,424
1,384,793
-
14,098,217
Furniture, machinery
and equipment
9,862,330
1,084,008
(354,162)
10,592,176
Total accumulated
depreciation
34,116,773
4,172,316
(355,332)
37,933,757
Total capital assets,
being depreciated, net
71,397,294
(1,684,732)
(15,139)
69,697,423
Governmental activities
capital assets, net
$
89,012,975
$
(1,110,178)
$
(528,476)
$
87,374,321
Business -type activities:
Capital assets, being depreciated:
Infrastructure
$
9,658,576
$
-
$
-
$
9,658,576
Less accumulated depreciation
2,234,481
297,323
-
2,531,804
Total capital assets,
being depreciated, net
7,424,095
(297,323)
-
7,126,772
Business -type activities
capital assets, net
$
7,424,095
$
(297,323)
$
-
$
7,126,772
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 6 - CAPITAL ASSETS (continued)
Depreciation expense was charged to functions /programs of the primary government as
follows:
Governmental activities:
General government
Public safety
Community services
Business -type activities:
Stormwater utility
$ 500,084
713,800
2,958,432
$ 4,172, 316
$ 297,323
NOTE 7 - LONG -TERM LIABILITIES OF GOVERNMENTAL ACTIVITIES
Changes in Governmental Activities long -term liabilities during the year ended September
30, 2012 were as follows:
Balance
Balance
October 1,
September 30,
Due Within
2011 Additions Reductions
2012
One Year
Series 2000 Revenue
Bonds payable $ 3,930,000 $ $ (310,000) $
3,620,000
$ 325,000
Series 2002 Revenue
Bonds payable 10,165,000 - (10,165,000)
-
-
Series 2010 Refunding
Revenue Bonds payable 10,385,000 (430,000)
9,955,000
445,000
Series 2011 Refunding
Revenue Bonds payable 5,565,000 (220,000)
5,345,000
230,000
Series 2012 Refunding
Revenue Bonds payable - 9,885,000 -
9,885,000
590,000
Compensated absences
payable 2,473,187 1,226,733 (1,173,648)
2,526,272
631,568
Other post - employment
benefits 190,000 14,000 -
204,000
-
Deferred loss on early
retirement of Revenue Bonds
payable of Series 1999 and 2002 (247,794) (380,930) 21,173
(607,551)
-
$ 32,460,393 $ 10,744,803 $ (12,277,475) $
30,927,721
$ 2,221,568
Revenue bonds as of September 30, 2012 were comprised of the following:
Series 2000 Revenue Bonds, principal is due annually over
20 years in various amounts through October 2020. The
bonds bear interest at 5.04% and are payable semi - annually
on October 1 and April 1 of each year. The bonds are
collateralized by available Non -Ad Valorem revenues.
$
3,620,000
40
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 7 - LONG -TERM LIABILITIES OF GOVERNMENTAL ACTIVITIES (continued)
Series 2010 Refunding Revenue Bonds, principal is due
annually over 18 years in various amounts through April
2029. The bonds bear interest at 3.42% and are payable
semi - annually on October 1 and April 1 of each year. The
bonds are collateralized by available Non -Ad Valorem
revenues. 9,955,000
Series 2011 Refunding Revenue Bonds, principal is due
annually over 18 years in various amounts through April
2029. The bonds bear interest at 3.64% and are payable
semi - annually on October 1 and April 1 of each year. The
bonds are collateralized by available Non -Ad Valorem
revenues. 5,345,000
Series 2012 Refunding Revenue Bonds, principal is due
annually over 15 years in various amounts through August
2027. The bonds bear interest at 2.18% and are payable
semi - annually on February 1 and August 1 of each year. The
bonds are collateralized by available Non -Ad Valorem
revenues. 9,885,000
$ 28,805,000
Compensated absences attributable to governmental activities are generally liquidated by
the General Fund.
Series 2000 Revenue Bonds
The City previously issued $ 6,555,000 in Series 2000 Revenue Bonds to finance the
acquisition of land for parks and recreational purposes and for the construction of a community
recreation center. The bond indenture relating to this issue requires that a reserve fund of
$ 500,000 be established, the balance of which as of September 30, 2012 was sufficient to meet
this requirement. The indenture also requires the maintenance of a minimum debt service
coverage ratio of 2.50:1.00.
Series 2002 and Series 2012 (refunding) Revenue Bonds
The City previously entered into a bond indenture agreement with the Florida
Intergovernmental Finance Commission through an interlocal governmental agreement. As a
result, the City issued $ 12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of
land and construction of a charter school as well as the construction of the community recreation
center.
Defeasance of bonds - On June 15, 2012, the City issued $ 9,885,000 in Series 2012
Refunding Revenue Bonds with a rate of 2.18% to advance refund $ 10,165,000 (including a City
contribution of $ 597,856) of the then outstanding Series 2002 Revenue Bonds. The gross
proceeds of $ 10,482,856 were deposited in an irrevocable trust with an escrow agent to provide
for the costs of issuance ($ 75,000) and debt service payments ($ 10,165,000 of principal and
$ 242,856 of interest) on the call date of August 1, 2012.
41
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 7 - LONG -TERM LIABILITIES OF GOVERNMENTAL ACTIVITIES (continued)
The reacquisition price exceeded the net carrying amount of the old debt by $ 380,930.
The amount is being netted against the new debt and amortized over the life of the new debt
issued. The City advance refunded the Series 2002 Revenue Bonds to reduce its total debt service
payments over the next fifteen years by approximately $ 3,810,000 and to obtain an economic gain
(difference between the present values of the debt service payments on the old and new debt, net
of City's contribution) of approximately $ 2,595,000.
Series 2010 and 2011 Refunding Revenue Bonds
The City previously issued $ 21,000,000 in Series 1999 Revenue Bonds to finance the
acquisition of land, buildings and other improvements related to municipal parks and the City's
administrative complex and police station. At September 30, 2012, this bond series was fully
defeased.
In fiscal year 2010, the City issued Series 2010 Refunding Revenue Bonds to partially
advance refund $ 10,580,000 of the then outstanding Series 1999 Revenue Bonds. The City
partially advance refunded the Series 1999 Revenue bonds to reduce its total debt service payments
by approximately $ 2,081,000 and to obtain an economic gain (difference between the present
values of the debt service payments on the old and new debt, net of City's contribution) of
approximately $ 1,110,200. In fiscal year 2011, the City issued Series 2011 Refunding Revenue
Bonds to advance refund the remaining $ 5,700,000 of the then outstanding Series 1999 Revenue
Bonds. The City advance refunded the Series 1999 Revenue bonds to reduce its total debt service
payments by approximately $ 1,085,000 and to obtain an economic gain (difference between the
present values of the debt service payments on the old and new debt, net of City's contribution) of
approximately $ 530, 000. The call date of these refunding transactions was on April 1, 2011.
The annual debt service requirements to maturity for the revenue bonds are approximately
as follows:
Year Ending
September 30,
Principal
Interest
Total
2013
$ 1,590,000
$ 948,700
$ 2,538,700
2014
1,675,000
868,000
2,543,000
2015
1,735,000
811,900
2,546,900
2016
1,790,000
753,900
2,543,900
2017
1,850,000
693,700
2,543,700
2018 -2022
9,255,000
2,480,500
11,735,500
2023 -2027
8,610,000
1,092,600
9,702,600
2028 -2029
2,300,000
81,200
2,381,200
$ 28,805,000
$ 7,730,500
$ 36,535,500
M
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 8 - COMMITMENTS AND CONTINGENCIES
Litigation:
Various claims and lawsuits, which arise in the normal course of operations, are pending
against the City. It is management's opinion, based on the advice of the City Attorney, that the
outcome of these actions will not have a material adverse effect on the financial statements of the
City. Management also believes that the litigation against the City will be covered by insurance.
Government grants:
Revenue recognized from grants may be subject to audit by the grantor agencies. In the
opinion of City management, as a result of such audits, disallowances of grant revenues, if any,
would not have a material adverse effect on the City's financial condition.
Employment agreement:
The City has an employment contract with its City Manager that provides for an annual
salary, adjusted for cost -of- living increases and certain benefits. This agreement is effective for an
indefinite term subject to termination of the City Manager by the City Commission in accordance
with Article III, Section 3.08 of the City Charter. The City Manager must provide two (2) months
advance written notice to resign voluntarily.
Charter school agreements:
The City has a contract with the School Board of Miami -Dade County, Florida, that allows
for Aventura City of Excellence School to provide the residents of the City of Aventura an
elementary and middle school education choice. During the year, the City Commission acting in
their capacity as the School's Governing Board, signed their third contract amendment with the
County to increase the School's capacity from 972 (school year 2011/2012) to 1032 students over
the next five years. The contract ends on June 30, 2018 but provides for a renewal of up to 15
years by mutual agreement of both parties. The City has entered into an agreement with Charter
School USA, Inc. ( "CSUSA ") to provide administrative and educational services for the City's
charter school. The agreement terminates on June 30, 2013. The City intends to renew this
agreement after its expiration.
Other agreements:
The City has entered into a three -year nonexclusive agreement with an engineering
consulting firm (the "Consultant ") to provide building inspections and plan review services.
Pursuant to the agreements, the Consultant receives 70% of the gross building permit fee revenues
for the first $ 50,000 in fees in a month and 65 % of the amount in excess of $ 50,000 per month.
However, the Consultant receives 35 % of the permit fee for all projects owned, paid for and to be
operated by the City. The agreement may be renewed for one additional three -year term.
Pension funding:
There have been significant negative economic developments surrounding the overall
market- liquidity, credit availability and market collateral levels which have resulted in previous
declines in the value of the investment securities held by the Police Officers' Retirement Plan.
Consequently, the City's required contribution amount to the Plan, which is necessary to maintain
the actuarial soundness and to provide the level of assets sufficient to meet participant benefits,
could significantly increase in future periods. It is management's opinion that future contributions
to the Plan will not have a material adverse effect on the City's financial position.
43
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 8 - COMMITMENTS AND CONTINGENCIES (continued)
Construction agreements:
The City has entered into various agreements in reference to the construction and
maintenance of the City streets. At year -end, there was one outstanding construction commitment
amounting to approximately $ 204,000.
NOTE 9 - RISK MANAGEMENT
The City is exposed to various risks of loss related to torts, thefts of, damage to and
destruction of assets, errors and omissions, employee health, workers' compensation and natural
disasters for which the City carries commercial insurance. Settlement amounts have not exceeded
insurance coverage for any of the past three (3) fiscal years. In addition, there were no reductions
in insurance coverage from those in the prior year.
NOTE 10 - OTHER POST - EMPLOYMENT BENEFITS
The City had previously implemented the Governmental Accounting Standards Board
Statement No. 45, Accounting and Reporting by Employers for Postemployment Benefits Other
Than Pension (OPEB), for certain postemployment health care benefits provided by the City.
As of October 1, 2011, the latest actuarial valuation, health care and dental plan
participants consisted of:
Active Plan participants 178
Retiree Plan participants 6
184
Plan Description:
Pursuant to Section 112.0801, Florida Statutes, the City is required to permit participation
in the health insurance program to retirees and their eligible dependents at a cost to the retiree that
is no greater than the cost at which coverage is available for active employees. Other than certain
department directors, retirees must pay a monthly premium as determined by the insurance carrier.
Retirees pay 100% of the blended equivalent premium rates. The blended rates provide an implicit
subsidy for retirees because, on an actuarial basis, their current and future claims are expected to
result in higher costs to the plan on average than those of active employees. Pursuant to
Resolution 2006 -64; department directors who retire at age 55 or later with at least 10 years of
service are not required to pay a premium for medical or dental coverage for themselves prior to
age 65. For these individuals, there is an explicit subsidy where the City provides for the retiree's
coverage.
The plan described above is currently offered by the City under a "single employer plan"
structure. The City provides all financial information and required disclosures of its other post -
employment benefit plan in this document; therefore, a separate audited post - employment benefits
plan report is not available.
..
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 10 - OTHER POST - EMPLOYMENT BENEFITS (continued)
Funding Policy:
The City is funding the post - employment benefits on a pay -as- you -go basis. For the fiscal
year ended September 30, 2012, the annual required contribution was $ 122,000. The City made
estimated explicit and implicit contributions of $ 95,000 towards this amount. Retirees contributed
approximately $ 55,000 towards the cost of these benefits, for the fiscal year ended September 30,
2012. At September 30, 2012 the City recorded a net OPEB obligation of $ 204,000 for
governmental activities, in its government -wide statement of net assets.
Annual OPEB Cost and Net OPEB Obligation:
The annual other postemployment benefit (OPEB) cost (expense) is calculated based on the
annual required contribution (ARC), an amount actuarially determined in accordance with the
parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an
ongoing basis, is projected to cover the normal cost each year and amortize any unfunded actuarial
liability over a period not to exceed 30 years. The following table shows the components of the
City's annual OPEB cost for the year, the amount actually contributed, and the changes in the net
OPEB obligation.
Annual Required Contribution (ARC)
$ 122,000
Interest on net pension obligation
8,000
Adjustment to annual required contribution
(19,000)
Total annual OPEB cost
111,000
Employer contributions made
* (95,000)
Interest on employer contributions
(2,000)
Increase in net OPEB obligation
14,000
Net OPEB obligation, beginning of year
190,000
Net OPEB obligation, end of year
$ 204,000
*estimated, reflects both the explicit and implicit subsidy.
The City's annual OPEB cost, the percentage of annual OPEB costs contributed to the plan,
and the net OPEB obligation for 2012 and two preceding years were as follows:
45
Percentage
Annual
of Annual
Year Ending
OPEB
OPEB Cost
Net OPEB
September 30,
Cost
Contributed
Obligation
2012
$ 111,000
85.59%
$ 204,000
2011
$ 113,000
84.07%
$ 190,000
2010
$ 142,000
44.37%
$ 174,000
45
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 10 - OTHER POST- EMPLOYMENT BENEFITS (continued)
Funded Status and Funding Progress:
The schedule of funding progress, presented as RSI following the notes to the financial
statements, presents multiyear trend information about whether the actuarial value of plan assets
are increasing or decreasing over time relative to the actuarial accrued liability for benefits. An
analysis of funding progress (the last plan year valuation date) is as follows:
Methods and Assumptions:
Projections of benefits for financial reporting purposes are based on the substantive plan
(the plan as understood by the employer and the plan members) and include the types of benefits
provided at the time of each valuation and the historical pattern of sharing of benefit costs between
the employer and plan members to that point. The actuarial methods and assumptions used include
techniques that are designed to reduce the effects of short -term volatility in actuarial accrued
liabilities and the actuarial value of assets, consistent with the long -term perspective of the
calculations.
In the October 1, 2011 actuarial valuation, the projected unit credit cost method was used.
The annual required contribution (ARC) reflects a 12 -year open period, level dollar payment
amortization of the unfunded actuarial accrued liability (UAAL). The actuarial assumptions
included a 4.0% investment rate of return.
The following assumptions were made:
Eligibility
For police officers, retirement was assumed to occur at the earlier of any age with at least
25 years of service or at age 55 with at least six (6) years of service; for all other employees
eligibility was assumed to occur at the earlier of any age with at least 30 years of service or at age
62 with at least six (6) years of service.
Mortality:
Sex - distinct mortality rates set forth in the RP -2000 mortality table for annuitants and non-
annuitants, projected to 2013 by Scale AA, as published by the IRS for purposes of IRC section
430.
Disability:
Sex - distinct disability rates set forth in the Wyatt 1985 Disability Study; class 4 rates were
used for police officers and class 1 rates were used for all other employees.
Permanent Withdrawal from Active Status:
Sex - distinct withdrawal rates set forth in Scale 155 table.
46
Actuarial
Accrued
Unfunded
Liability
Actuarial
UAAL
Actuarial Actuarial
at Entry
Accrued
as % of
Valuation Value of
Age
Liability
Funded Covered Covered
Date Assets
(AAL)
(UAAL)
Ratio Payroll Payroll
10 /01 /11 $ -
$ 710,000
$ 710,000
0.0% $ 12,781,000 5.6%
Methods and Assumptions:
Projections of benefits for financial reporting purposes are based on the substantive plan
(the plan as understood by the employer and the plan members) and include the types of benefits
provided at the time of each valuation and the historical pattern of sharing of benefit costs between
the employer and plan members to that point. The actuarial methods and assumptions used include
techniques that are designed to reduce the effects of short -term volatility in actuarial accrued
liabilities and the actuarial value of assets, consistent with the long -term perspective of the
calculations.
In the October 1, 2011 actuarial valuation, the projected unit credit cost method was used.
The annual required contribution (ARC) reflects a 12 -year open period, level dollar payment
amortization of the unfunded actuarial accrued liability (UAAL). The actuarial assumptions
included a 4.0% investment rate of return.
The following assumptions were made:
Eligibility
For police officers, retirement was assumed to occur at the earlier of any age with at least
25 years of service or at age 55 with at least six (6) years of service; for all other employees
eligibility was assumed to occur at the earlier of any age with at least 30 years of service or at age
62 with at least six (6) years of service.
Mortality:
Sex - distinct mortality rates set forth in the RP -2000 mortality table for annuitants and non-
annuitants, projected to 2013 by Scale AA, as published by the IRS for purposes of IRC section
430.
Disability:
Sex - distinct disability rates set forth in the Wyatt 1985 Disability Study; class 4 rates were
used for police officers and class 1 rates were used for all other employees.
Permanent Withdrawal from Active Status:
Sex - distinct withdrawal rates set forth in Scale 155 table.
46
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 10 - OTHER POST - EMPLOYMENT BENEFITS (continued)
Investment Rate of Return:
A discount rate of 4.00% per annum (includes inflation at 2.50% per annum) .
Healthcare Cost Trend Rate:
The cost of covered medical services has been assumed to increase in accordance with the
following rates, compounded annually:
2011/2012
8.00%
2012/2013
7.50%
2013/2014
7.00%
2014/2015
6.50%
2015/2016
6.00%
2016/2017
5.50%
2017/2018 and later
5.00%
With respect to the fully subsidized dental insurance, the assumed dental costs increase at
the rate of 3.00% per year
Implied Subsidy (Medical Insurance):
The implied subsidy for a 62 -year old retiree is assumed to be $ 5,400 per year for the
retiree and $ 5,400 per year for the retiree's spouse.
Implied Subsidy (Dental Insurance):
There is no implied subsidy for the dental insurance since we have assumed that the
premium charged for the covered individuals does not increase with age.
Age- Related Morbidity:
The cost of the medical services has been assumed to increase with age at the rate of
3.50% per annum.
Retiree Contribution:
Other than eligible department directors, retirees electing post- employment healthcare
coverage have been assumed to make monthly contributions equal to the premium charged to
active employees. Eligible department directors have been assumed to make the required
contribution for healthcare coverage for their spouses.
Cost -of- Living Increase:
Retiree contributions have been assumed to increase in accordance with the healthcare cost
trend assumption.
Future Participation Rates:
Other than eligible department directors, 5 % of eligible employees were assumed to elect
coverage until age 65 upon retirement or disability; 100% of department directors who are eligible
for the explicit subsidy from the City were assumed to elect coverage until age 65.
47
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 10 - OTHER POST - EMPLOYMENT BENEFITS (continued)
Marriage and Dependent Assumption:
80% of males and 50% of females are assumed to elect coverage at retirement for
themselves and their spouses, with husbands assumed to be three (3) years older than their wives;
active employees were not assumed to have any dependent children upon retirement or disability.
COBRA Assumption:
Future healthcare coverage provided solely pursuant to COBRA was not included in the
OPEB valuation; because the COBRA premium is determined periodically based on plan
experience, it is assumed that the COBRA premium to be paid by the participant fully covers the
cost of providing healthcare coverage during the relevant period.
NOTE 11 - DEFINED CONTRIBUTION PENSION PLANS
The City is a single - employer that contributes to four (4) defined contribution pension plans
based on employee classification created in accordance with Internal Revenue Code Section
401(a). The plans currently cover all full -time employees of the City. Under these plans, the City
contributes between 7 % and an amount equal to the annual IRS maximum depending on employee
classifications. City contributions for the City Manager, department directors and assistant
department directors vest in the year they are contributed. City contributions to general employees
vest beginning after one year of service through year five in 20% increments. Participants are not
permitted to make contributions during the year. The City made plan contributions of
approximately $ 843,000 during the year. Plan provisions and contribution requirements may be
amended by the City Commission. In addition, the City provides to all full -time employees a
deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program,
employees may voluntarily elect to defer a portion of their salary to future years; with no required
contributions from the City. Both programs are administered by ICMA Retirement Corp. The
City does not exercise any control or fiduciary responsibility over the Plans' assets. Therefore,
the assets, liabilities and transactions are not included in the City's financial statements.
NOTE 12 - DEFINED BENEFIT PENSION PLAN
The City agreed to provide a defined benefit retirement plan effective October 1, 2003
through a collective bargaining contract between the City and the Miami -Dade County Police
Benevolent Association City of Aventura Police Officers' Retirement Plan (the "Plan "). The Plan
is a single - employer defined benefit retirement plan. The Plan was established by the City in
accordance with a City ordinance and state statutes. The Plan covers, only sworn police officers
and is funded by a combination of City contributions, employee contributions, rollover of 401(a)
plan assets for certain employees and the proceeds of the state insurance premium tax on casualty
insurance policies. The current funding levels of covered payroll are 20.955 % for the City's
contribution, 6.775 % for the employee's contribution and 4.133 % for the state premiums tax. The
State is required to contribute pursuant to Chapter 185 of the Florida Statutes, a premium on
certain casualty insurance contracts written on the City's property. The premium tax is collected
by the State and remitted to the City. During the current fiscal year the City received $ 268,692
from the State. The Plan and employee contributions are mandatory for all sworn police officers.
Contribution requirements of the Plan members and the participating employer are established and
may be changed by an amendment to the City ordinance.
48
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 12 - DEFINED BENEFIT PENSION PLAN (continued)
The City utilizes the entry age normal cost method. The asset valuation method is a 5 year
smooth.
Information as of the latest actuarial valuation, dated October 1, 2012, included no cost of
living adjustments and a 3.00% annual inflation rate; an annual investment rate of return of
7.50 %; projected annual salary increases of 5.00 %; the amortization method is level dollar,
closed; and a remaining amortization period of 21 years. There have been no plan changes,
changes to assumptions or methods since the prior valuation report.
of:
On October 1, 2012, (the most recent actuarial valuation date), Plan membership consisted
Retirees and beneficiaries receiving benefits
Active Plan members
13
82
95
The financial statements of the Plan are prepared using the accrual basis of accounting.
Plan member contributions are recognized in the period in which the contributions are due. The
City's contributions are recognized when due and a formal commitment to provide the
contributions has been made. Benefits and refunds are recognized when due and payable in
accordance with the terms of the Plan.
The general administration, management and investment decisions of the Plan and the
responsibility for carrying out its provisions is vested in the five (5) members Board of Trustees.
Administrative costs of the Plan are financed through current or prior investment earnings.
The City has issued stand -alone financial statements for the Plan, which may be obtained
from the City's Finance Department.
Benefits:
Normal retirement may be received upon attainment the earlier of age 55 with 10 years of
credited service or upon completion of 25 years of credited service, regardless of age. For the first
40 years of service, the monthly benefit received will be 3.00% of final monthly compensation
multiplied by the number of years of service, to a maximum of 80.00 %. Years credited beyond
40 will be taken into account at 2.00% of final compensation per year. Early retirement may be
received upon the attainment of age 45 with 10 years of credited service. The benefit may be
received either on a deferred basis or on an immediate basis. On an immediate basis, the benefit
amount will be the normal retirement benefit reduced by 3.00% per year for each year by which
the retirement date precedes the normal retirement date. On a deferred basis, the benefit amount
will be the same as the normal retirement benefit except that the final compensation and credited
service will be based upon the early retirement date.
Disability retirement:
Members who become disabled due to service - incurred injuries, which arise out of
performance of service with the City, will receive a monthly benefit amount equal to the member's
accrued benefit but not less than 42.00% of the member's final monthly compensation as of the
date of disability, offset by any other payments, such as worker's compensation. Members who
become disabled due to non - service- incurred injuries, which do not arise out of performance with
the City, and who have completed at least 10 years of service, will receive a monthly benefit
amount equal to 3.00% of final monthly compensation for each year of credited service, but not
less than 30.00%.
49
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 12 - DEFINED BENEFIT PENSION PLAN (continued)
Trend information:
Trend information indicates the progress made in accumulating sufficient assets to pay
benefits when due. An analysis of funding progress for the year ended September 30, 2012 is as
follows:
Funded status and funding progress:
The schedule of funding progress, presented as RSI following the notes to the financial
statements, presents multiyear trend information about whether the actuarial value of plan assets
are increasing or decreasing over time relative to the actuarial accrued liability for benefits. An
analysis of funding progress as of October 1, 2012, (the most recent actuarial valuation date), is as
follows:
Actuarial
Annual
Percentage
Net Pension
Year Ending
Pension
of APC
Obligation/
September 30,
Cost
Contributed
(Asset)
2012
$ 1,936,952
99%
$ (205,783)
2011
$ 1,659,953
99%
$ (219,038)
2010
$ 1,246,909
106%
$ (233,148)
Funded status and funding progress:
The schedule of funding progress, presented as RSI following the notes to the financial
statements, presents multiyear trend information about whether the actuarial value of plan assets
are increasing or decreasing over time relative to the actuarial accrued liability for benefits. An
analysis of funding progress as of October 1, 2012, (the most recent actuarial valuation date), is as
follows:
Actuarial
Accrued
Unfunded
Liability
Actuarial
Actuarial Actuarial at Entry
Accrued
Valuation Value of Age
Liability
Date Assets (AAL)
(UAAL)
10/01/12 $ 19,610,921 $ 25,129,927 $ 5,519,006
UAAL
as % of
Funded Covered Covered
Ratio Payroll Payroll
78.04% $ 7,663,687 72.02%
The annual pension cost and net pension obligation (asset) for the Plan for year ended
September 30, 2012 is as follows:
Annual Required Contribution (ARC) $ 1,923,697
Interest on net pension obligation (16,428)
Adjustment to annual required contribution 29,683
Annual Pension Cost 1,936,952
Contributions made 1,923,697
Decrease in net pension (asset) obligation 13,255
Net pension (asset) obligation, beginning of year (219,038)
Net pension (asset) obligation, end of year $ (205,783)
50
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 13 - PRONOUNCEMENTS ISSUED BUT NOT YET EFFECTIVE
The GASB has issued several statements not yet implemented by the City. The statements
which might impact the City are as follows:
GASB Statement No. 60, Accounting and Financial Reporting for Service Concession
Arrangements, was issued November 2010. The objective of this Statement is to improve financial
reporting by addressing issues related to service concession arrangements (SCAs), which are a
type of public - private or public - public partnership. As used in this Statement, an SCA is an
arrangement between a transferor (a government) and an operator (governmental or
nongovernmental entity) in which (1) the transferor conveys to an operator the right and related
obligation to provide services through the use of infrastructure or another public asset (a
"facility ") in exchange for significant consideration and (2) the operator collects and is
compensated by fees from third parties. The provisions of this Statement will be effective for the
City beginning with its year ending September 30, 2013.
GASB Statement No. 61, The Financial Reporting Entity: Omnibus - an Amendment of
GASB Statements No. 14 and No. 34, was issued November 2010. The objective of this Statement
is to improve financial reporting for a governmental financial reporting entity. This Statement
modifies certain requirements for inclusion of component units in the financial reporting entity.
This Statement also clarifies the reporting of equity interests in legally separate organizations. The
provisions of this Statement will be effective for the City beginning with its year ending September
30, 2013.
GASB Statement No. 62, Codification of Accounting and Financial Reporting Guidance
Contained in Pre - November 30, 1989 FASB and AICPA Pronouncements, was issued December
2010. The objective of this Statement is to incorporate into the GASB's authoritative literature
certain accounting and financial reporting guidance that is included in the following
pronouncements issued on or before November 30, 1989, which does not conflict with or
contradict GASB pronouncements: 1) Financial Accounting Standards Board (FASB) Statements
and Interpretations; 2) Accounting Principles Board Opinions; and 3) Accounting Research
Bulletins of the American Institute of Certified Public Accountants' (AICPA) Committee on
Accounting Procedure. The provisions of this Statement will be effective for the fiscal year
ending September 30, 2013.
GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred
Inflows of Resources, and Net Position, was issued June 2011. The objective of this Statement is
to provide financial reporting guidance for deferred outflows of resources and deferred inflows of
resources as defined by GASB's Concepts Statement No. 4. It also amends the net asset reporting
requirements in Statement No. 34, Basic Financial Statements —and Management's Discussion and
Analysis for State and Local Governments, and other pronouncements by incorporating deferred
outflows of resources and deferred inflows of resources into the definitions of net assets and by
renaming it as net position, rather than net assets. The requirements of this Statement will improve
financial reporting by standardizing the presentation and the effects on a government's net
position. The provisions of this Statement will be effective for the fiscal year ending September
30, 2013.
51
CITY OF AVENTURA, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
September 30, 2012
NOTE 13 - PRONOUNCEMENTS ISSUED BUT NOT YET EFFECTIVE (continued)
GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, was issued
March 2012. The objective of this Statement is to either (a) properly classify certain items that
were previously reported as assets and liabilities as deferred outflows of resources or deferred
inflows of resources or (b) recognize certain items that were previously reported as assets and
liabilities as outflows of resources (expenses or expenditures) or inflows of resources (revenues).
These determinations are based on the definitions of those elements in Concepts Statement No. 4,
Elements of Financial Statements. The provisions of this Statement will be effective for the fiscal
year ending September 30, 2014.
GASB Statement No. 66, Technical Corrections - 2012 —an amendment of GASB
Statements No. 10 and No. 62, was issued March 2012. The objective of this Statement is to
improve accounting and financial reporting by state and local governmental entities by resolving
conflicting guidance that resulted from the issuance of two pronouncements— Statements No. 54,
Fund Balance Reporting and Governmental Fund Type Definitions, and No. 62, Codification of
Accounting and Financial Reporting Guidance Contained in Pre - November 30, 1989 FASB and
AICPA Pronouncements. The provisions of this Statement will be effective for the fiscal year
ending September 30, 2014.
GASB Statement No. 67, Financial Reporting for Pension Plans —an amendment of GASB
Statement No. 25, was issued June 2012. The objective of this Statement is to improve financial
reporting by state and local governmental pension plans. This Statement results from a
comprehensive review of the effectiveness of existing standards of accounting and financial
reporting for pensions with regard to providing decision - useful information, supporting
assessments of accountability and inter - period equity, and creating additional transparency. This
Statement replaces the requirements of Statements No. 25, Financial Reporting for Defined Benefit
Pension Plans and Note Disclosures for Defined Contribution Plans, and No. 50, Pension
Disclosures, as they relate to pension plans that are administered through trusts or equivalent
arrangements (hereafter jointly referred to as trusts) that meet certain criteria. The provisions of
this Statement will be effective for the fiscal year ending September 30, 2014.
GASB Statement No. 68, Accounting and Financial Reporting for Pensions —an amendment
of GASB Statement No. 27, was issued June 2012. The primary objective of this Statement is to
improve accounting and financial reporting by state and local governments for pensions. This
Statement results from a comprehensive review of the effectiveness of existing standards of
accounting and financial reporting for pensions with regard to providing decision - useful
information, supporting assessments of accountability and inter - period equity, and creating
additional transparency. This Statement replaces the requirements of Statement No. 27, Accounting
for Pensions by State and Local Governmental Employers, as well as the requirements of
Statement No. 50, Pension Disclosures, as they relate to pensions that are provided through
pension plans administered as trusts or equivalent arrangements (hereafter jointly referred to as
trusts) that meet certain criteria. The provisions of this Statement will be effective for the fiscal
year ending September 30, 2015.
GASB Statement No. 69, Government Combinations and Disposals of Government
Operations, was issued January 2013. This Statement establishes accounting and financial
reporting standards related to government combinations and disposals of government operations.
As used in this Statement, the term government combinations include a variety of transactions
referred to as mergers, acquisitions, and transfers of operations. The provisions of this Statement
will be effective for the fiscal year ending September 30, 2015.
The City's management has not yet determined the effect that these unadopted standards
may have on the City's financial statements.
52
CITY OF AVENTURA, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL - GENERAL FUND
For the Year Ended September 30, 2012
Revenues:
Ad valorem taxes:
Current
Delinquent
Utility service taxes:
Electric
Telecommunication
Water
Gas
Budgeted Amounts
Original Final
$ 11,955,146
50,000
3,908,625
2,600,000
850,000
51,000
$ 11,955,146
50,000
3,908,625
2,600,000
850,000
51,000
Variance
with Final
Budget
Actual Positive
Amounts (Negative)
$ 11,612,015 $ (343,131)
112,174 62,174
3,990,392
2,558,968
909,950
27,481
81,767
(41,032)
59,950
(23,519)
Franchise fees:
5,200
5,200
4,585
(615)
Electric
2,991,000
2,991,000
2,580,362
(410,638)
Gas
65,000
65,000
20,678
(44,322)
Sanitation
420,000
420,000
438,932
18,932
Towing
30,000
30,000
30,093
93
Total taxes
Intergovernmental revenues:
Federal grants
State and local grants
State pension contribution
Alcoholic beverage licenses
State revenue sharing
Half cent sales tax
County occupational licenses
Total intergovernmental
revenues
Licenses and permits:
City business tax receipts
Building permits
Certificates of occupancy
Engineering
Total licenses and permits
Charges for services:
22,920,771
7,542
8,677
284,000
20,000
350,000
1,725,000
44,000
2,439,219
725,000
1,300,000
10,000
9,000
2,044,000
22, 920, 771
247,542
8,677
284,000
20,000
350,000
2,115,000
44,000
3,069,219
725,000
1,630,000
10,000
9,000
2,374,000
22,281, 045
262,989
16,672
268,692
17,454
413,739
2,320,912
44,935
3,345,393
838,388
1,634,745
33,227
16,305
2,522,665
(639,726)
15,447
7,995
(15,308)
(2,546)
63,739
205,912
935
276,174
113,388
4,745
23,227
7,305
148,665
Certificate of use fees
5,200
5,200
4,585
(615)
Lien search fees
35,000
35,000
90,124
55,124
Development review fees
35,000
35,000
153,067
118,067
Recreation/cultural events
985,000
1,035,000
1,063,747
28,747
Police services
1,000,000
1,000,000
1,022,537
22,537
Total charges for services
2,060,200
2,110,200
2,334,060
223,860
53
CITY OF AVENTURA, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL - GENERAL FUND
(continued)
For the Year Ended September 30, 2012
Fines and forfeitures:
County court fees
Code violation fines
Total fines and forfeitures
Other:
Interest income
Miscellaneous
Total other
Total revenues
Expenditures:
Current
General government:
City Commission:
Personnel services
Operating
City Manager:
Personnel services
Operating
Capital outlay
Finance:
Personnel services
Operating
Capital outlay
Information technology:
Personnel services
Operating
Capital outlay
Legal:
Operating
City Clerk:
Personnel services
Operating
Total general government -
departmental
Budgeted Amounts
Original Final
400,000
1,057,000
1,457,000
150,000
56,000
lnr� nnn
31,127,190
62,063
57,875
727,373
161,300
4,000
776,024
99,040
2,000
734,626
234,550
111,000
:1 111
400,000
1,277,000
1,677,000
150,000
56,000
206,000
32,357,190
62,063
57,875
727,373
161,300
4,000
776,024
99,040
2,000
734,626
234,550
370,910
:1 IIP
Actual
Amnrnnte
426,897
1,325,799
1,752,696
131,059
77,205
208,264
32,444,123
63,276
53,524
742,984
130,844
7,332
686,470
80,930
1,652
553,886
204,728
127,773
265,791
Variance
with Final
Budget
Positive
(Negative)
26,897
48,799
75,696
(18,941)
11 Wns
2,264
RA 9'4'4
(1,213)
4,351
(15,611)
30,456
(3,332)
89,554
18,110
348
180,740
29,822
243,137
14,209
215,382
215,382
221,571
(6,189)
54,700
68,700
61,478
7,222
3,519,933
3,793,843
3,202,239
591,604
54
CITY OF AVENTURA, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL - GENERAL FUND
(continued)
For the Year Ended September 30, 2012
Nondepartmental:
Personnel services
Operating
Capital outlay
Total general government -
nondepartmental
Total general government
Public safety:
Police:
Personnel services
Operating
Capital outlay
Community development:
Personnel services
Operating
Capital outlay
Total public safety
Community services:
Personnel services
Operating
Capital outlay
Arts and cultural center:
Operating
Capital outlay
Total community services
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources (uses):
Transfers in
Transfers out
Appropriated fund balance
Total other financing
sources (uses)
Net change in
fund balance $
See Notes to Required Supplementary Information.
55
Variance
with Final
Budget
Budgeted
Amounts
Actual
Positive
Original
m
Amounts
(Negative)
15,000
15,000
13,485
1,515
1,589,000
1,589,000
1,188,014
400,986
15,368,488
14,948,488
198,248
14,750,240
16,972,488
16,552,488
1,399,747
15,152,741
20,492,421
20,346,331
4,601,986
15,744,345
14,373,177
14,421,177
14,452,890
(31,713)
1,762,542
1,982,542
1,826,943
155,599
1,384,500
1,970,300
537,338
1,432,962
719,172
719,172
709,824
9,348
787,700
1,347,700
1,297,356
50,344
3,500
47,500
2,479
45,021
19,030,591
20,488,391
18,826,830
1,661,561
1,344,404
1,344,404
1,287,196
57,208
2,724,700
2,809,700
2,818,717
(9,017)
420,700
911,880
726,503
185,377
673,253
673,253
627,072
46,181
0
1,838
454
1,384
5,163,057
5,741,075
5,459,942
281,133
44,686,069
46,575,797
28,888,758
17,687,039
(13,558,879)
(14,218,607)
3,555,365
17,773,972
82,250
82,250
82,250
-
(2,220,979)
(2,218,622)
(2,218,622)
-
15,697,608
16,354,979
-
(16,354,979)
13,558,879
14,218,607
(2,136,372)
(16,354,979)
-
$ -
$ 1,418,993
$ 1,418,993
See Notes to Required Supplementary Information.
55
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
SPECIAL REVENUE FUND
STREET MAINTENANCE FUND
For the Year Ended September 30, 2012
REVENUES:
Intergovernmental revenues
Impact fees
Interest income
Total revenues
EXPENDITURES:
Operating
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Appropriated fund balance
Total other financing
sources (uses)
Net change in
fund balance
Variance
with Final
Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
$ 1,511,650 $ 1,511,650 $ 1,869,446 $ 357,796
- - 20,830 20,830
500 500 2,768 2,268
1,512,150 1,512,150 1,893,044 380,894
775,000 775,000 753,233 21,767
867,150 1,183,959 775,307 408,652
1,642,150 1,958,959 1,528,540 430,419
(130,000) (446,809) 364,504 811,313
130,000 446,809 - (446, 809)
130,000 446,809 - (446,809)
$ - $ - $ 364,504 $ 364,504
See Notes to Required Supplementary Information.
56
CITY OF AVENTURA, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULES OF FUNDING PROGRESS
POLICE OFFICERS' RETIREMENT PLAN FUND
AND OTHER POST - EMPLOYMENT BENEFITS (UNAUDITED)
OTHER POST - EMPLOYMENT BENEFITS (UNAUDITED)
10 /01 /11 $ - $ 710,000 $ 710,000
10/01/08 $ - $ 735,000 $ 735,000
UAAL
as a
Percentage
(c) of Covered
Covered Payroll
Payroll (b- a) /(c)
7,663,687 72.02%
6,418,797 91.88%
5,576,592 69.76%
0.0% $ 12,781,000 5.54%
0.0% $ 9,175,000 8.01%
See Notes to Required Supplementary Information.
57
(b)
Actuarial
Accrued
Liability
(a)
(AAL)-
Unfunded
Actuarial
Actuarial
Frozen
AAL
Funded
Valuation
Value
Initial
(UAAL)
Ratio
Date
of Assets
Liability
(b) -(a)
(a) /(b)
POLICE OFFICERS' RETIREMENT
PLAN FUND (UNAUDITED)
10/01/12
$ 19,610,921
$ 25,129,927
$ 5,519,006
78.04% $
10/01/09
$ 10,375,587
$ 16,273,418
$ 5,897,831
63.76% $
10/01/07
$ 6,935,097
$ 10,825,108
$ 3,890,011
64.06% $
OTHER POST - EMPLOYMENT BENEFITS (UNAUDITED)
10 /01 /11 $ - $ 710,000 $ 710,000
10/01/08 $ - $ 735,000 $ 735,000
UAAL
as a
Percentage
(c) of Covered
Covered Payroll
Payroll (b- a) /(c)
7,663,687 72.02%
6,418,797 91.88%
5,576,592 69.76%
0.0% $ 12,781,000 5.54%
0.0% $ 9,175,000 8.01%
See Notes to Required Supplementary Information.
57
CITY OF AVENTURA, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
SCHEDULE OF CONTRIBUTIONS FROM THE EMPLOYER AND THE STATE
OF FLORIDA - POLICE OFFICERS' RETIREMENT PLAN FUND (UNAUDITED)
See Notes to Required Supplementary Information.
58
CITY
STATE OF FLORIDA
Annual
Required
City
Percentage
Annual
Percentage
Contribution
Contribution
Contributed
Contribution
Contributed
2012
$
1,655,005
$
1,655,005
100.00%
$
268,692
100.00%
2011
$
1,645,843
$
1,645,843
100.00%
$
250,125
100.00%
2010
$
1,245,754
$
1,320,667
106.01%
$
284,381
100.00%
2009
$
886,124
$
1,149,156
129.68%
$
265,314
100.00%
2008
$
1,006,054
$
1,024,908
101.87%
$
163,088
100.00%
2007
$
994,187
$
1,000,802
100.67%
$
160,063
100.00%
See Notes to Required Supplementary Information.
58
CITY OF AVENTURA, FLORIDA
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
September 30, 2012
NOTE 1 - BUDGETS AND BUDGETARY ACCOUNTING
An annual appropriated budget is adopted for all governmental funds with the exception of
the Charter School Fund, Federal Forfeiture Fund and Law Enforcement Trust Fund (Special
Revenue Funds).
The City follows these procedures in establishing the budgetary data reflected in the basic
financial statements:
a. The City Manager submits to the City Commission a proposed operating and capital
budget for the ensuing fiscal year. The budget includes proposed expenditures and
the means of financing them.
b. Public hearings are conducted to obtain taxpayer comments.
C. Prior to October 1, the budget is legally enacted through passage of an ordinance.
d. Formal budgetary integration is employed as a management control device during
the year for the governmental funds described above.
e. The City Commission, by ordinance, may make supplemental appropriations for the
year up to the amount of revenues in excess of those estimated. The City
Commission made several supplementary budgetary appropriations throughout the
year including approximately $ 1,887,400 in the General Fund.
Budgets for the governmental funds are adopted on a basis consistent with generally
accepted accounting principles ( "GAAP ").
g. The City Manager is authorized to transfer part or all of an unencumbered
appropriation balance within departments within a fund; however, any revisions that
alter the total appropriations of any department or fund must be approved by the
City Commission. The classification detail at which expenditures may not legally
exceed appropriations is at the department level.
h. Unencumbered appropriations lapse at fiscal year -end. Unencumbered amounts are
reappropriated in the following year's budget for capital accounts only.
i. Expenditures did not exceed appropriations in any of the governmental funds.
NOTE 2 - ACTUARIAL ASSUMPTIONS
Police Officers' Retirement Plan Fund - Information as of the latest actuarial valuation date
of October 1, 2012 included no cost of living adjustments and a 3.00% annual inflation rate; an
annual investment rate of return of 7.50 %; projected annual salary increases of 5.00 %; the
amortization method is level dollar, closed; and a remaining amortization period of 21 years.
Other Post - Employment Benefits - Information as of the latest actuarial valuation date of
October 1, 2011 included an annual investment rate of return of 4.0%; the amortization method is
level dollar; an amortization period of 12 year -open and an actuarial cost method of projected unit
credit.
W
(This page intentionally left blank.)
NON -MAJOR GOVERNMENTAL FUNDS
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for specific revenues that are legally restricted to expenditure
for particular purposes.
Police Education Fund - This fund is used to account for revenues and expenditures associated with the
two dollars (2) the City receives from each paid traffic citation, by State Statute, must be used to further
the education of the City's police officers.
Police Capital Outlay Impact Fee Fund - This fund is used to account for impact fees derived from new
developments and restricted by ordinance for police capital improvements. This fund provides a funding
source to assist the City in providing police services required by the growth in the City.
Park Development Fund - This fund is used to account for revenues and expenditures specifically
earmarked for capital improvements to the City's park system. This fund accounts for impact fees derived
from new developments and restricted by ordinance for park capital improvement projects.
911 Fund - This fund is used to account for revenues and expenditures specifically earmarked for the
City's emergency 911 system in accordance with Florida Statutes 365.172. The funds may be used to
provide emergency dispatch systems, training, communication, maintenance and repairs and related capital
outlay purchases. The fund offsets a portion of the emergency 911 operations.
Federal Forfeiture Fund - This fund is used to account for proceeds obtained from the sale of confiscated
and unclaimed property turned over to the City through court judgments. Proceeds are to be used solely
for crime fighting purposes.
Law Enforcement Trust Fund - This fund is used to account for resources resulting from police
department confiscations and their expenditure for law enforcement purposes.
DEBT SERVICE FUNDS
Debt service funds are used to account for the accumulation of resources for and the payment of principal
and interest on all general long -term debt.
Debt Service Fund Series 2010 & 2011 - This fund is used to accumulate monies for the payment of the
2010 and 2011 Refunding Revenue Bonds. Non -ad valorem tax revenues in the governmental funds are
pledged for the payment of principal and interest.
Debt Service Fund Series 2012 - Charter School Land Acquisition - This fund is used to accumulate
monies for the payment of the 2012 Refunding Revenue Bonds. Non -ad valorem tax revenues in the
governmental funds are pledged for the payment of principal and interest.
Debt Service Fund Series 2012 - Charter School Building Construction - This fund is used to accumulate
monies for the payment of the 2002 Refunding Revenue Bonds. Non -ad valorem tax revenues in the
governmental funds are pledged for the payment of principal and interest.
CITY OF AVENTURA, FLORIDA
COMBINING BALANCE SHEET
OTHER NONMAJOR GOVERNMENTAL FUNDS
September 30, 2012
Special Revenue Funds
Police
Capital
Law
Police Outlay Park
Federal Enforcement
Education Impact Development 911
Forfeiture Trust
Fund Fee Fund Fund Fund
Fund Fund
ASSETS:
Cash, cash equivalents
and investments $ 10,502 $ 5,513 $ 2,264 $ 482 $ 1,012,852 $ 150,883
Restricted cash, cash equivalents
and investments - - - - - -
Accounts receivable, net - 59,345
Due from other governments 1,348 - - - - -
Total assets $ 11,850 $ 5,513 $ 2,264 $ 59,827 $ 1,012,852 $ 150,883
LIABILITIES AND
FUND BALANCES:
Liabilities:
Accounts payable
Accrued liabilities
Deferred revenue
Total liabilities
FUND BALANCES:
Restricted for:
Public safety
Debt service
Capital improvements
Total fund balances
Total liabilities and
fund balances
169 $ 12,046 $ 46,868
- 30,000 - -
- 30,169 12,046 46,868
11,850 - - 29,658 1,000,806 104,015
- 5,513 2,264 - - -
11,850 5,513 2,264 29,658 1,000,806 104,015
$ 11,850 $ 5,513 $ 2,264 $ 59,827 $ 1,012,852 $ 150,883
.1
267,510
267,510
11,589 3,490 121,343
11,589 3,490 121,343
$ 59,083
267,510
30,000
356,593
1,146,329
136,422
7,777
$ 279,099 $ 3,490 $ 121,343 $ 1,647,121
61
Debt Service Funds
Debt
Debt
Service Fund
Service Fund
Debt
Series 2012
Series 2012
Service
Charter
Charter
Total
Fund
School
School
Nonmajor
Series 2010
Land
Building
Governmental
& 2011
Acquisition
Construction
Funds
$ 279,099
$ 3,427 $
121,282
$ 1,586,304
-
63
61
124
-
-
-
59,345
-
-
-
1,348
$ 279,099
$ 3,490 $
121,343
$ 1,647,121
267,510
267,510
11,589 3,490 121,343
11,589 3,490 121,343
$ 59,083
267,510
30,000
356,593
1,146,329
136,422
7,777
$ 279,099 $ 3,490 $ 121,343 $ 1,647,121
61
CITY OF AVENTURA, FLORIDA
COMBINING STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
OTHER NONMAJOR GOVERNMENTAL FUNDS
For the Year Ended September 30, 2012
Police
Capital
Police Outlay
Education Impact
Fund Fee Fund
Special Revenue Funds
Park
Development 911
Fund Fund
Law
Federal Enforcement
Forfeiture Trust
Fund Fund
REVENUES:
Intergovernmental revenues $ - $ $ - $ 176,104 $ - $ -
Fines and forfeitures 8,867 - - 650,544 47,169
Impact fees - 1,596 - - -
Interest income 32 102 8 65 3,207 792
Total revenues 8,899 1,698 8 176,169 653,751 47,961
EXPENDITURES:
Current:
Public safety 9,478 -
Capital outlay - 31,388
Debt service:
Principal - -
Advance refunding escrow - -
Interest - -
Trustee fees and other - -
Total expenditures 9,478 31,388
Excess (deficiency) of
revenues over expenditures (579) (29,690)
OTHER FINANCING
SOURCES (USES):
Issuance of debt - -
Transfers in - -
Transfers out - -
Payment to refunded bond
escrow agent - -
Total other financing
sources (uses) - -
Net change in
- 88,763 - 28,071
- - 364,114 146,233
88,763 364,114 174,304
8 87,406 289,637 (126,343)
- (82,250) - -
(82,250) - -
fund balances
(579)
(29,690)
8
5,156
289,637
(126,343)
FUND BALANCES, beginning
12,429
35,203
2,256
24,502
711,169
230,358
FUND BALANCES, ending $
11,850 $
5,513 $
2,264 $
29,658 $
1,000,806 $
104,015
62
- 4,671,190 5,213,810 9,885,000
1,206,377 403,780 446,931 2,057,088
- - - (82,250)
- (4,635,749) (5,174,251) (9,810,000)
1,206,377
Debt Service Funds
486,490
2,049,838
10,232
Debt
Debt
155,729
1,357
Service Fund
Service Fund
1,134,799
Debt
Series 2012
Series 2012
1,290,528
Service
Charter
Charter
Total
Fund
School
School
Nonmajor
Series 2010
Land
Building
Governmental
& 2011
Acquisition
Construction
Funds
$
$ - $
-
$ 176,104
-
-
706,580
-
-
1,596
231
4
213
4,654
231
4
213
888,934
-
-
126,312
-
-
541,735
650,000
-
-
650,000
-
282,518
315,338
597,856
546,376
114,628
128,227
789,231
-
39,589
38,320
77,909
1,196,376
436,735
481,885
2,783,043
(1,196,145)
(436,731)
(481,672)
(1,894,109)
- 4,671,190 5,213,810 9,885,000
1,206,377 403,780 446,931 2,057,088
- - - (82,250)
- (4,635,749) (5,174,251) (9,810,000)
1,206,377
439,221
486,490
2,049,838
10,232
2,490
4,818
155,729
1,357
1,000
116,525
1,134,799
$ 11,589 $
3,490 $
121,343 $
1,290,528
63
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
SPECIAL REVENUE FUND
POLICE EDUCATION FUND
For the Year Ended September 30, 2012
Variance
with Final
Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
REVENUES:
Fines and forfeitures $ 7,000 $ 7,000 $ 8,867 $ 1,867
Interest income - - 32 32
Total revenues 7,000 7,000 8,899 1,899
I:' "M131110 =3
Operating
11,000
19,429
9,478
9,951
Total expenditures
11,000
19,429
9,478
9,951
Excess (deficiency) of
revenues over expenditures
(4,000)
(12,429)
(579)
11,850
OTHER FINANCING
SOURCES (USES):
Appropriated fund balance
4,000
12,429
-
(12,429)
Total other financing
sources (uses)
4,000
12,429
-
(12,429)
Net change in
fund balance $
- $
- $
(579) $
(579)
64
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
SPECIAL REVENUE FUND
POLICE CAPITAL OUTLAY IMPACT FEE FUND
For the Year Ended September 30, 2012
REVENUES:
Impact fees
Interest income
Total revenues
EXPENDITURES:
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Appropriated fund balance
Total other financing
sources (uses)
Net change in
fund balance
Variance
with Final
Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
$ - $ - $ 1,596 $ 1,596
- - 102 102
- - 1,698 1,698
16,557
35,203
31,388 3,815
16,557
35,203
31,388 3,815
(16,557)
(35,203)
(29,690) 5,513
16,557
35,203
- (35,203)
16,557 35,203
65
(35,203)
$ (29,690) $ (29,690)
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
SPECIAL REVENUE FUND
PARK DEVELOPMENT FUND
For the Year Ended September 30, 2012
REVENUES:
Interest income
Total revenues
EXPENDITURES:
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Appropriated fund balance
Total other financing
sources (uses)
Net change in
fund balance
Budgeted Amounts
Original Final
2,246
2,256
2,246
2,256
(2,246)
(2,256)
Variance
with Final
Budget
Positive
Actual (Negative)
8 $ 8
2,256
- 2,256
8 2,264
2,246 2,256 - (2,256)
2,246 2,256 - (2,256)
8 $ 8
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
SPECIAL REVENUE FUND
911 FUND
For the Year Ended September 30, 2012
REVENUES:
Intergovernmental revenues
Interest income
Total revenues
EXPENDITURES:
Operating
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Transfers out
Appropriated fund balance
Total other financing
sources (uses)
Net change in
fund balance
Variance
with Final
Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
$ 211,650 $ 211,650 $ 176,104 $ (35,546)
- - 65 65
211,650 211,650 176,169 (35,481)
129,400 129,400 88,763 40,637
- 24,502 - 24,502
129,400 153,902 88,763 65,139
82,250 57,748 87,406 29,658
(82,250) (82,250) (82,250) -
- 24,502 - (24,502)
(82,250) (57,748) (82,250) (24,502)
67
$ - $ 5,156 $ 5,156
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
DEBT SERVICE FUND SERIES 2010 & 2011
For the Year Ended September 30, 2012
REVENUES:
Interest income
Total revenues
EXPENDITURES:
Debt Service:
Principal
Interest
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Transfers in
Total other financing
sources (uses)
Net change in
fund balance
Budgeted Amounts
Original Final
Variance
with Final
Budget
Positive
Actual (Negative)
231 $ 231
231 231
650,000
650,000
650,000 -
557,734
557,734
546,376 11,358
1,207,734
1,207,734
1,196,376 11,358
(1,207,734)
(1,207,734)
(1,196,145) 11,589
1,207,734 1,207,734 1,206,377 (1,357)
1,207,734 1,207,734 1,206,377 (1,357)
- $ 10,232 $ 10,232
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
DEBT SERVICE FUND SERIES 2000
For the Year Ended September 30, 2012
REVENUES:
Interest income $
Total revenues
EXPENDITURES:
Debt Service:
Principal
Interest
Total expenditures
Excess (deficiency) of
revenues over expenditures
Budgeted Amounts
Original Final
Variance
with Final
Budget
Positive
Actual (Negative)
25,099 $ 25,099
25,099 25,099
310,000
310,000
310,000 -
198,465
198,465
198,072 393
508,465
508,465
508,072 393
(508,465)
(508,465)
(482,973) 25,492
OTHER FINANCING
SOURCES (USES):
Transfers in 508,465 508,465 508,465 -
Total other financing
sources (uses) 508,465 508,465 508,465 -
Net change in
fund balance $ - $ - $ 25,492 $ 25,492
.•
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
DEBT SERVICE FUND SERIES 2012 -
CHARTER SCHOOL LAND ACQUISITION
For the Year Ended September 30, 2012
REVENUES:
Interest income
Total revenues
EXPENDITURES:
Debt Service:
Advance refunding escrow
Interest
Trustee fees and other
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Proceeds from refunding bonds
Transfers in
Appropriated fund balance
Payment to refunded bond
escrow agent
Total other financing
sources (uses)
Net change in
fund balance
Budgeted Amounts
Original Final
Variance
with Final
Budget
Positive
Actual (Negative)
4 $ 4
167,756
167,756
282,518
(114,762)
229,524
229,524
114,628
114,896
7,500
42,941
39,589
3,352
404,780
440,221
436,735
3,486
(404,780)
(440,221)
(436,731)
3,490
- 4,671,190 4,671,190 -
404,780 403,780 403,780 -
- 1,000 - (1,000)
(4,635,749) (4,635,749) -
404,780 440,221 439,221 (1,000)
$ - $ - $ 2,490 $ 2,490
70
CITY OF AVENTURA, FLORIDA
SCHEDULES OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -
BUDGET AND ACTUAL
DEBT SERVICE FUND SERIES 2012 -
CHARTER SCHOOL BUILDING CONSTRUCTION
For the Year Ended September 30, 2012
REVENUES:
Interest income $
Total revenues
EXPENDITURES:
Debt Service:
Advance refunding escrow
Interest
Trustee fees and other
Total expenditures
Excess (deficiency) of
revenues over expenditures
OTHER FINANCING
SOURCES (USES):
Proceeds from refunding bonds
Transfers in
Payment to refunded bond
escrow agent
Total other financing
sources (uses)
Net change in
fund balance $
Budgeted Amounts
Original Final
Variance
with Final
Budget
Positive
Actual (Negative)
213 $ 213
187,244
187,244
315,338
(128,094)
256,187
256,187
128,227
127,960
3,500
43,059
38,320
4,739
446,931
486,490
481,885
4,605
(446,931)
(486,490)
(481,672)
4,818
- 5,213,810 5,213,810 -
446,931 446,931 446,931 -
- (5,174,251) (5,174,251) -
446,931 486,490 486,490 -
- $ - $ 4,818 $ 4,818
71
(This page intentionally left blank.)
STATISTICAL SECTION
STATISTICAL SECTION
This part of City of Aventura's comprehensive annual financial report presents detailed information as a
context for understanding what information in the financial statements, note disclosures and required
supplementary information says about the City's overall financial health.
Financial Trends
These schedules contain trend information to help the reader understand how the City's
financial per and well -being have changed over time.
Net assets by component 72
Changes in net assets 73 -74
Governmental activities tax revenues by source 75
Fund balances of governmental funds 76
Changes in fund balances of governmental funds 77 -78
General governmental tax revenues by source 79
Revenue Capacity
These schedules contain information to help the reader assess the City's most significant
local revenue source, the property tax.
Assessed value and estimated actual assessed value of taxable property 80
Property tax rates - direct and overlapping governments 81 -82
Principal property taxpayers 83
Property tax levies and collections 84
Debt Capacity:
These schedules present information to help the reader assess the affordability of the
City's current levels of outstanding debt and the City's ability to issue additional debt in
the future.
Ratios of outstanding debt by type 85
Ratios of general bonded debt outstanding 86
Direct and overlapping governmental activity debt 87
Legal debt margin information 88
Demographic and Economic Information
These schedules offer demographic and economic indicators to help the reader
understand the environment within which the City's financial activities take place.
Demographic and economic statistics 89
Occupational employment by group - Miami -Dade County, Florida 90
Operating Information
These schedules contain service and infrastructure data to help the reader understand how the information
in the City's financial report relates to the services the City provides and the activities it performs.
Full -time equivalent city government employees by function
Operating indicators by function
Capital asset statistics by function
91
92
93
Sources: Unless otherwise indicated, information in these schedules is derived from the comprehensive
annual financial reports for the respective years.
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CITY OF AVENTURA, FLORIDA
GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE
LAST TEN FISCAL YEARS
(ACCRUAL BASIS OF ACCOUNTING)
Table 3
75
Tax
Fiscal
Roll
Ad Valorem
Utility
Franchise
Year
Year
Taxes
Taxes
Fees
Total
2003
2002
$ 9,075,096
$ 5,397,011
$ 1,875,199
$ 16,347,306
2004
2003
10,143,246
5,460,119
2,185,155
17,788,520
2005
2004
11,842,689
5,719,554
2,330,809
19,893,052
2006
2005
14,089,388
6,015,016
3,359,261
23,463,665
2007
2006
17,127,913
6,269,809
4,234,574
27,632,296
2008
2007
15,942,020
6,741,903
4,270,671
26,954,594
2009
2008
15,189,005
7,451,872
3,644,177
26,285,054
2010
2009
13,253,848
7,362,899
3,686,885
24,303,632
2011
2010
11,734,232
7,379,830
2,684,216
21,798,278
2012
2011
11,724,189
7,772,000
3,070,065
22,566,254
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(This page intentionally left blank.)
CITY OF AVENTURA, FLORIDA
CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
Fiscal Year
2003 2004 2005 2006
REVENUES:
Ad valorem taxes
$ 9,075,096
$ 10,143,246
$ 11,842,689
$ 14,089,388
Utility service taxes
5,397,011
5,460,119
5,719,554
6,015,016
Franchise fees
1,875,199
2,185,155
2,330,809
3,359,261
Intergovernmental
2,965,158
7,663,308
7,263,468
10,905,885
Licenses and permits
2,185,654
2,146,913
3,335,034
3,277,960
Charges for services
965,067
1,099,321
1,598,230
1,904,741
Fines and forfeitures
399,899
351,698
472,465
601,339
Impact fees
56,609
754,954
959,264
398,436
Interest income
246,216
174,983
553,135
1,159,778
Developer contributions
30,000
85,842
-
-
Miscellaneous
74,436
134,768
298,875
610,584
Total revenues
23,270,345
30,200,307
34,373,523
42,322,388
EXPENDITURES:
Current:
General government
2,163,885
2,371,236
2,580,989
2,668,284
Public safety
9,438,156
10,594,453
12,256,346
13,781,535
Community services
4,226,979
7,495,145
7,997,769
9,019,229
Nondepartmental
1,040,052
1,292,580
1,623,794
2,978,900
Capital outlay
12,153,846
3,905,875
7,416,346
5,800,374
Debt service:
Principal
595,000
900,000
930,000
965,000
Advance refunding escrow
-
-
-
-
Interest
1,746, 446
1,786,797
1,753,446
1,719, 392
Trustee fees and other
73,760
28,932
28,363
25,817
Total expenditures
31,438,124
28,375,018
34,587,053
36,958,531
Excess (deficiency of revenues
over expenditures)
(8,167,779)
1,825,289
(213,530)
5,363,857
OTHER FINANCING SOURCES (USES):
Issuance of debt
-
-
-
-
Transfers in
2,379,299
3,687,963
2,821,795
2,740,850
Transfers out
(1,812,262)
(3,285,681)
(2,718,585)
(2,690,108)
Payment to refunded bond escrow agent
-
-
-
-
Total other financing sources (uses)
567,037
402,282
103,210
50,742
Net change in
fund balances
$ (7,600,742)
$ 2,227,571
$ (110,320)
$ 5,414,599
Debt service as a percentage of
noncapital expenditures
12.14%
10.98%
9.88%
8.62%
77
Table 5
2007 2008 2009 2010 2011 2012
$ 17,127,913
$ 15,942,020
$ 15,189,005
$ 13,253,848
$ 11,734,232
$ 11,724,189
6,269,809
6,741,903
7,451,872
7,448,097
7,465,029
7,486,791
4,234,574
4,270,671
3,644,177
3,686,885
2,684,216
3,070,065
11,586,872
11,762,763
13,273,593
12,970,784
11,764,642
11,738,610
3,229,778
2,808,112
1,892,862
2,025,310
2,374,902
2,522,665
2,194,596
2,313,107
2,078,224
2,322,794
2,814,652
2,891,647
577,148
652,747
2,275,882
3,107,179
2,096,677
2,459,276
40,340
-
15,581
101
189,440
22,426
1,580,978
1,035,457
292,180
310,885
195,382
174,152
234,544
748,831
438,421
428,907
414,678
303,795
47,076,552
46,275,611
46,551,797
45,554,790
41,733,850
42,393,616
4,884,708
4,561,020
4,639,737
4,360,999
4,274,015
4,266,981
14,360,873
14,727,849
15,625,029
16,965,808
17,636,378
18,413,325
10,817,310
10,798,272
11,057,179
11,950,071
12,083,949
12,305,720
9,265,681
9,256,902
7,278,743
8,576,499
2,596,599
3,050,256
1,005,000
1,035,000
1,080,000
1,130,000
635,000
960,000
-
-
-
520,000
336,928
597,856
1,682,298
1,642,606
1,607,984
1,553,980
1,212,882
987,303
24,691
25,306
18,194
89,766
49,496
77,909
42,040,561
42,046,955
41,306,866
45,147,123
38,825,247
40,659,350
5,035,991
4,228,656
5,244,931
407,667
2,908,603
1,734,266
-
-
-
10,385,000
5,565,000
9,885,000
2,898,498
2,907,111
5,254,251
4,526,447
2,316,510
2,747,803
(2,898,498)
(2,907,111)
(5,254,251)
(4,526,447)
(2,316,510)
(2,747,803)
-
-
-
(10,321,560)
(5,504,006)
(9,810,000)
-
-
-
63,440
60,994
75,000
$ 5,035,991
$ 4,228,656
$ 5,244,931
$ 471,107
$ 2,969,597
$ 1,809,266
8.20%
8.17%
7.90%
7.15%
5.07%
5.11%
78
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CITY OF AVENTURA, FLORIDA
PROPERTY TAX RATES
DIRECT AND OVERLAPPING GOVERNMENTS
(PER $ 1,000 OF TAXABLE VALUE)
LAST TEN FISCAL YEARS
Source: Miami -Dade County Appraiser's Office.
81
Overlapping Rates
City of Aventura
School District
State
South
Florida
Florida
Tax
Debt
Total
Debt
Total
Water
Inland
Total
Fiscal
Roll
Operating
Service
City
Operating
Service
School
Everglades
Management
Navigational
State
Year
Year
Millage
Millage
Millage
Millage
Millage
Millage
Project
District
District
Millage
2003
2002
2.2270
2.2270
8.4820
0.7700
9.2520
0.1000
0.5970
0.0385
0.7355
2004
2003
2.2270
2.2270
8.4180
0.6820
9.1000
0.1000
0.5970
0.0385
0.7355
2005
2004
2.2270
2.2270
8.0900
0.5970
8.6870
0.1000
0.5970
0.0385
0.7355
2006
2005
2.2270
2.2270
7.9470
0.4910
8.4380
0.1000
0.5970
0.0385
0.7355
2007
2006
2.2270
2.2270
7.6910
0.4140
8.1050
0.1000
0.5970
0.0385
0.7355
2008
2007
1.7261
1.7261
7.5700
0.3780
7.9480
0.0894
0.5346
0.0345
0.6585
2009
2008
1.7261
1.7261
7.5330
0.2640
7.7970
0.0894
0.5346
0.0345
0.6585
2010
2009
1.7261
1.7261
7.6980
0.2970
7.9950
0.0894
0.5346
0.0345
0.6585
2011
2010
1.7261
1.7261
7.8640
0.3850
8.2490
0.0894
0.5346
0.0345
0.6585
2012
2011
1.7261
1.7261
7.7650
0.2400
8.0050
0.0624
0.3739
0.0345
0.4708
Source: Miami -Dade County Appraiser's Office.
81
Table 8
82
Overlapping Rates
Miami -Dade County
Special Districts
Total
Direct
Debt
Total
Fire
Total
and
Operating
Service
County
Children's
and
Fire
District's
Overlapping
Millage
Millage
Millage
Trust
Rescue
Debt
Library
Millage
Rates
5.8890
0.3900
6.2790
-
2.5820
0.0790
0.4860
3.1470
21.6405
5.9690
0.2850
6.2540
0.5000
2.5820
0.0790
0.4860
3.6470
21.9635
5.9350
0.2850
6.2200
0.4442
2.5920
0.0690
0.4860
3.5912
21.4607
5.8350
0.2850
6.1200
0.4288
2.6090
0.0520
0.4860
3.5758
21.0963
5.6150
0.2850
5.9000
0.4223
2.6090
0.0420
0.4860
3.5593
20.5268
4.5796
0.2850
4.8646
0.4223
2.2067
0.0420
0.3842
3.0552
18.2524
4.8379
0.2850
5.1229
0.4212
2.1851
0.0420
0.3822
3.0305
18.3350
4.8379
0.2850
5.1229
0.5000
2.1851
0.0420
0.3822
3.1093
18.6118
5.4275
0.4450
5.8725
0.5000
2.5753
0.0200
0.2840
3.3793
19.8854
4.8050
0.2850
5.0900
0.5000
2.4496
0.0131
0.1795
3.1422
18.4341
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CITY OF AVENTURA, FLORIDA
RATIOS OF OUTSTANDING DEBT BY TYPE
LAST TEN FISCAL YEARS
Business -Type
Governmental Activities Activities
General
Fiscal Obligation Revenue Line of Outstanding
Year Bonds Bonds Credit Bonds
2003 $ - $ 38,055,000 $ - $ -
2004 - 37,155,000 - -
2005 - 36,225,000 - -
2006 - 35,260,000 - -
2007 - 34,255,000 - -
2008 - 33,220,000 - -
2009 - 32,140,000 - -
2010 - 30,815,000 - -
2011 - 30,045,000 - -
2012 - 28,805,000 - -
Table 11
Total
Percentage
Per
Primary
of Personal
Capita
Government
Income (1)
(1)
$ 38,055,000
4.87% $
1,396.98
37,155,000
4.32%
1,317.23
36,225,000
3.92%
1,271.05
35,260,000
3.38%
1,197.24
34,255,000
3.09%
1,127.44
33,220,000
2.87%
1,070.09
32,140,000
2.90%
1,032.58
30,815,000
2.71%
988.26
30,045,000
*
841.05
28,805,000
*
773.52
Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements.
(1) See the Schedule of Demographic and Economic Statistics for personal income and population data.
* Information not available.
85
CITY OF AVENTURA, FLORIDA
RATIOS OF GENERAL BONDED DEBT OUTSTANDING
LAST TEN FISCAL YEARS
Table 12
Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements.
(1) See the Schedule of Demographic and Economic Statistics for population data.
:0
Less:
Ratio
Net
Amounts
of Net
Bonded
Available
Assessed
Bonded
Debt
Gross
in Debt
Net
Value of
Debt to
Per
Fiscal
Bonded
Service
Bonded
Taxable
Assessed
Capita
Year
Debt
Funds
Debt
Property
Value
(1)
2003
$ 38,055,000 $
529,000
$ 37,526,000
$ 4,167,885,994
0.90% $
1,377.56
2004
37,155,000
31,000
37,124,000
4,730,954,049
0.78%
1,316.13
2005
36,225,000
42,000
36,183,000
5,557,061,536
0.65%
1,269.58
2006
35,260,000
24,278
35,235,722
6,616,421,499
0.53%
1,196.42
2007
34,255,000
133,053
34,121,947
8,160,923,804
0.42%
1,123.06
2008
33,220,000
136,790
33,083,210
9,609,881,719
0.34%
1,065.69
2009
32,140,000
137,175
32,002,825
9,439,807,532
0.34%
1,028.17
2010
30,815,000
280,321
30,534,679
8,063,834,953
0.38%
979.27
2011
30,045,000
231,562
29,813,438
7,244,606,607
0.41%
834.57
2012
28,805,000
274,594
28,530,406
7,290,634,319
0.39%
766.14
Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements.
(1) See the Schedule of Demographic and Economic Statistics for population data.
:0
CITY OF AVENTURA, FLORIDA
DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITY DEBT
September 30, 2012
Debt
Jurisdiction Outstanding
Overlapping debt:
Miami -Dade Board of County Commissioners (2) $ 3,626,520,000
Miami -Dade County School Board (2)
Subtotal overlapping debt
Direct debt:
City of Aventura
Subtotal direct debt
Total direct and overlapping debt
Estimated
Percentage
Applicable
to City of
Aventura
(1)
Table 13
Estimated
Share of
Overlapping
1-%-U+
3.908% $ 141,724,402
3,278,381,000 3.908% 128,119,129
6,904,901,000 269,843,531
28,805,000 100.000% 28,805,000
28,805,000 28,805,000
$ 6,933,706,000 $ 298,648,531
Notes: (1) Based on ratio of assessed taxable values obtained from the Miami -Dade County,
Florida Tax Collector.
(2) Source: Miami -Dade County Public Schools, Finance Department.
87
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CITY OF AVENTURA, FLORIDA
DEMOGRAPHIC AND ECONOMIC STATISTICS
LAST TEN FISCAL YEARS
Personal
Table 15
Data sources:
(1) Years are as of April 1 of each year per the University of Florida
Bureau of Economics & Business Research.
(2) Represents income per capita for Miami -Dade County as provided
by the U.S. Department of Commerce, Bureau of Economic Analysis.
(3) Florida Department of Labor, Bureau of Labor Market Information.
* Information not available.
89
Income
Per Capita
(Amounts
Personal
Unemployment
Fiscal
Population
Expressed in
Income
Rate
Year
(1)
Thousands)
(2)
(3)
2003
27,241
$ 781,299
$ 28,681
3.6%
2004
28,207
860,003
30,489
3.3%
2005
28,500
924,227
32,429
3.7%
2006
29,451
1,042, 830
35,409
3.4%
2007
30,383
1,108,736
36,492
3.5%
2008
31,044
1,159,369
37,346
4.4%
2009
31,126
1,108,739
35,621
8.5%
2010
31,181
1,138,730
36,520
9.3%
2011
35,723
*
*
8.8%
2012
37,239
*
*
6.9%
Data sources:
(1) Years are as of April 1 of each year per the University of Florida
Bureau of Economics & Business Research.
(2) Represents income per capita for Miami -Dade County as provided
by the U.S. Department of Commerce, Bureau of Economic Analysis.
(3) Florida Department of Labor, Bureau of Labor Market Information.
* Information not available.
89
CITY OF AVENTURA, FLORIDA Table 16
OCCUPATIONAL EMPLOYMENT BY GROUP - MIAMI -DADE COUNTY, FLORIDA
CURRENT YEAR AND NINE YEARS AGO
Fiscal Year
2012
2003
Source: Represents Metropolitan and Nonmetropolitan Area Occupational Employment for the
entire Miami -Miami Beach - Kendall, Florida Metropolitan Division as provided by the
U.S Department of Labor, Bureau of Labor Statistics as of May 2011. Estimates do
not include self - employed workers.
N /A: Information not available.
.E
Percentage
Percentage
of Total
of Total
Occupational Groups
Employees
Rank
Employment
Employees
Rank
Employment
Office and administrative support
198,840
1
20.34%
N/A
N/A
N/A
Sales and related
134,200
2
13.73%
N/A
N/A
N/A
Food preparation and service related
84,980
3
8.69%
N/A
N/A
N/A
Transportation and material moving
67,720
4
6.93%
N/A
N/A
N/A
Healthcare practitioners and technical
59,200
5
6.05%
N/A
N/A
N/A
Education, training and library
51,840
6
5.30%
N/A
N/A
N/A
Business and financial operations
50,680
7
5.18%
N/A
N/A
N/A
Protective service
37,620
8
3.85%
N/A
N/A
N/A
Installation, maintenance and repair
36,470
9
3.73%
N/A
N/A
N/A
Production
34,110
10
3.49%
N/A
N/A
N/A
Building and grounds cleaning and
maintenance
33,720
11
3.45%
N/A
N/A
N/A
Management
32,110
12
3.28%
N/A
N/A
N/A
Personal care and service
29,650
13
3.03%
N/A
N/A
N/A
Healthcare support
26,370
14
2.70%
N/A
N/A
N/A
Construction and extraction
23,600
15
2.41%
N/A
N/A
N/A
Computer and mathematical science
17,180
16
1.76%
N/A
N/A
N/A
Legal
15,110
17
1.55%
N/A
N/A
N/A
Arts, design, entertainment,
sports and media
14,740
18
1.51%
N/A
N/A
N/A
Community and social services
11,830
19
1.21%
N/A
N/A
N/A
Architecture and engineering
10,010
20
1.02%
N/A
N/A
N/A
Life, physical and social sciences
4,000
21
0.41%
N/A
N/A
N/A
Farming, fishing and forestry
3,730
22
0.38%
N/A
N/A
N/A
Total
977,710
100.00%
N/A
N/A
Source: Represents Metropolitan and Nonmetropolitan Area Occupational Employment for the
entire Miami -Miami Beach - Kendall, Florida Metropolitan Division as provided by the
U.S Department of Labor, Bureau of Labor Statistics as of May 2011. Estimates do
not include self - employed workers.
N /A: Information not available.
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COMPLIANCE SECTION
Keefe,
Certified Public Accountants
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor
Members of the City Commission and City Manager
City of Aventura, Florida
We have audited the financial statements of the governmental activities, the business -type
activities, each major fund, and the aggregate remaining fund information of the City of Aventura,
Florida (the "City "), as of and for the year ended September 30, 2012, which collectively comprise
the City's basic financial statements and have issued our report thereon dated February 19, 2013. Our
report includes a reference to other auditors. We conducted our audit in accordance with auditing
standards generally accepted in the United States of America and the standards applicable to financial
audits contained in Government Auditing Standards, issued by the Comptroller General of the United
States. Other auditors audited the financial statements of the City of Aventura Police Officers'
Retirement Plan Pension Trust Fund, as described in our report on the City's financial statements.
This report does not include the results of the other auditors' testing of internal control over financial
reporting or compliance and other matters that are reported on separately by those auditors.
Internal Control over Financial Reporting
Management of the City of Aventura, Florida is responsible for establishing and maintaining
effective internal control over financial reporting. In planning and performing our audit, we
considered the City's internal control over financial reporting as a basis for designing our auditing
procedures for the purpose of expressing our opinions on the financial statements, but not for the
purpose of expressing an opinion on the effectiveness of the City's internal control over financial
reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal
control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control such that there is a reasonable possibility that a
material misstatement of the entity's financial statements will not be prevented, or detected and
corrected on a timely basis.
Our consideration of internal control over financial reporting was for the limited purpose described
in the first paragraph of this section and was not designed to identify all deficiencies in internal control
over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses.
We did not identify any deficiencies in internal control over financial reporting that we consider to be
material weaknesses, as defined above.
6550 N. Federal Highway X Suite 410 A Fort Lauderdale, FL 33308 954.771.0896 954338.9353 (F) 0 www.kmccpa.com
•,
City of Aventura, Florida
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free of
material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion
on compliance with those provisions was not an objective of our audit and, accordingly, we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance or other
matters that are required to be reported under Government Auditing Standards.
This report is intended solely for the information and use of City management, members of the
City Commission, Federal and state awarding agencies, and the Auditor General of the State of
Florida, and is not intended to be and should not be used by anyone other than these specified parties.
Fort Lauderdale, Florida
February 19, 2013
95
kq',�c (!"614 & c., «P
KEEFE, McCULLOUGH & CO., LLP
InKeefe, McCullough & Co., LLP
Certified Public Accountants
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH
REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT
ON EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER
COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A -133
To the Honorable Mayor
Members of the City Commission and City Manager
City of Aventura, Florida
Compliance
We have audited the compliance of the City of Aventura, Florida (the "City ") with the types of
compliance requirements described in the OMB Circular A -133 Compliance Supplement that could
have a direct and material effect on the City's major Federal program for the year ended September
30, 2012. The City's major Federal program is identified in the summary of auditors' results section
of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements
of laws, regulations, contracts and grant agreements applicable to its major Federal program is the
responsibility of the City's management. Our responsibility is to express an opinion on the City's
compliance based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted in
the United States of America; the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-
133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB
Circular A -133, require that we plan and perform the audit to obtain reasonable assurance about
whether noncompliance with the types of compliance requirements referred to above that could have a
direct and material effect on a major Federal program occurred. An audit includes examining, on a
test basis, evidence about the City's compliance with those requirements and performing such other
procedures as we considered necessary in the circumstances. We believe that our audit provides a
reasonable basis for our opinion. Our audit does not provide a legal determination on the City's
compliance with those requirements.
In our opinion, the City complied, in all material respects, with the compliance requirements
referred to above that could have a direct and material effect on its major Federal program for the
year ended September 30, 2012.
Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control
over compliance with the requirements of laws, regulations, contracts and grants applicable to Federal
programs. In planning and performing our audit, we considered the City's internal control over
compliance with the requirements that could have a direct and material effect on a major Federal
program in order to determine the auditing procedures for the purpose of expressing our opinion on
compliance and to test and report on internal control over compliance in accordance with OMB
Circular A -133, but not for the purpose of expressing an opinion on the effectiveness of internal
control over compliance. Accordingly, we do not express an opinion on the effectiveness of the
City's internal control over compliance.
6550 N. Federal Highway N Suite 410 A Fort Lauderdale, FL 33308 0 954.771.0896 9 954338:9353 (F ) lk www.kmccpa.com
a
City of Aventura, Florida
A deficiency in internal control over compliance exists when the design or operation of a control
over compliance does not allow management or employees, in the normal course of performing their
assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance
requirement of a Federal program on a timely basis. A material weakness in internal control over
compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such
that there is a reasonable possibility that material noncompliance with a type of compliance
requirement of a Federal program will not be prevented, or detected and corrected, on a timely basis.
Our consideration of internal control over compliance was for the limited purpose described in the
first paragraph of this section and was not designed to identify all deficiencies in internal control that
might be deficiencies, significant deficiencies or material weaknesses in internal control over
compliance. We did not identify any deficiencies in internal control over compliance that we consider
to be material weaknesses, as defined above.
This report is intended solely for the information and use of City management, members of the
City Commission, Federal and state awarding agencies, and is not intended and should not be used by
anyone other than these specified parties.
Fort Lauderdale, Florida
February 19, 2013
97
Kee�e, 7/AcctdIO4 & CO., «-7'
KEEFE, McCULLOUGH & CO., LLP
im Certified Public Accountants
• • i
INDEPENDENT AUDITORS' REPORT TO CITY MANAGEMENT
To the Honorable Mayor
Members of the City Commission and City Manager
City of Aventura, Florida
We have audited the basic financial statements of City of Aventura, Florida (the "City "), as of and
for the year ended September 30, 2012, and have issued our report thereon dated February 19, 2013.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America; the standards applicable to financial audits contained in Government Auditing
Standards issued by the Comptroller General of the United States; and OMB Circular A -133, Audits
of States, Local Governments, and Non - Profit Organizations. We have issued our Independent
Auditors' Report on Internal Control over Financial Reporting and Compliance and Other Matters
Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing
Standards, Independent Auditors' Report on Compliance With Requirements That Could Have a
Direct and Material Effect on Each Major Federal Program and on Internal Control over Compliance
in Accordance with OMB Circular A -133, and Schedule of Findings and Questioned Costs.
Disclosures in those reports and schedule, which is dated February 19, 2013, should be considered in
conjunction with this management letter.
Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules
of the Auditor General, which govern the conduct of local governmental entity audits performed in the
State of Florida. This letter includes the following information, which is not included in the
aforementioned auditors' reports.
Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not
corrective actions have been taken to address findings and recommendations made in the preceding
annual financial audit report. There were no recommendations made in the preceding annual financial
report.
Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the
provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In
connection with our audit, we determined that the City complied with Section 218.415, Florida
Statutes.
Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management
letter any recommendations to improve financial management. In connection with our audit, we did
not have any such recommendations.
Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of
provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have
occurred, that have an effect on the financial statements that is less than material but more than
inconsequential. In connection with our audit, we did not have any such findings.
6550 N. Federal Highway 0 Suite 410 N Fort Lauderdale, FL 33308 & 954.771.0896 0 954:938.9353 (F) V www.kmccpa.com
•.17
City of Aventura, Florida
Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on
professional judgment, report the following matters that have an inconsequential effect on financial
statements, considering both quantitative and qualitative factors: (1) violations of provisions of
contracts or grant agreements, fraud, illegal acts, or abuse and (2) deficiencies in internal control that
are not significant deficiencies. In connection with our audit, we did not have any such findings.
Section 10.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and
legal authority for the primary government and each component unit of the reporting entity be
disclosed in this management letter, unless disclosed in the notes to the financial statements. The
information is disclosed in Note 1 to the financial statements.
Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to
whether or not the local governmental entity has met one or more of the conditions described in
Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection
with our audit, we determined that the City did not meet any of the conditions described in Section
218.503(1), Florida Statutes.
Section 10.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the
annual financial report for the City for the fiscal year ended September 30, 2012, filed with the
Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in
agreement with the annual financial audit report for the fiscal year ended September 30, 2012. In
connection with our audit, we determined that these two reports were in agreement.
Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied
financial condition assessment procedures. It is management's responsibility to monitor the City's
financial condition, and our financial condition assessment was based in part on representations made
by management and the review of financial information provided by same.
Our management letter is intended solely for the information and use of the Legislative Auditing
Committee, members of the Florida Senate and the Florida House of Representatives, the Florida
Auditor General, Federal and other granting agencies, and applicable management, and is not intended
to be and should not be used by anyone other than these specified parties.
Fort Lauderdale, Florida
February 19, 2013
..
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CITY OF AVENTURA, FLORIDA
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
September 30, 2012
NOTE 1 - BASIS OF PRESENTATION
The accompanying Schedule of Expenditures of Federal Awards includes the grant activity
of the City and is presented on the accrual basis of accounting. The information in this schedule is
presented in accordance with the requirements of OMB Circular A -133, Audits of States, Local
Governments and Non - Profit Organizations. Therefore, some amounts presented in this schedule
may differ from amounts presented in or used in the preparation of the basic financial statements.
NOTE 2 - CONTINGENCY
The grant revenue amounts received are subject to audit and adjustment. If any
expenditures or expenses are disallowed by the grantor agencies as a result of such an audit, any
claim for reimbursement to the grantor agencies would become a liability of the City of Aventura,
Florida. In the opinion of management, all grant expenditures are in compliance with the terms of
the grant agreements and applicable federal and state laws and regulations.
NOTE 3 - CATALOG OF FEDERAL DOMESTIC ASSISTANCE
Complete Catalog of Federal Domestic Assistance ( "CFDA ") numbers are presented for
those programs for which such numbers were available. CFDA prefixes are presented for
programs for which a complete CFDA number is not available.
101
CITY OF AVENTURA, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
For the Year Ended September 30, 2012
A. SUMMARY OF AUDITORS' RESULTS
1. The auditors' report expresses an unqualified opinion on the basic financial statements.
2. No material weaknesses relating to the audit of the basic financial statements are reported in
the Independent Auditors' Report on Internal Control over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements Performed in
Accordance with Government Auditing Standards.
3. No instances of noncompliance material to the basic financial statements of City of Aventura,
Florida, were disclosed during the audit.
4. No material weaknesses relating to the audit of the major Federal program are reported in the
Independent Auditors' Report on Compliance with Requirements That Could Have a Direct
and Material Effect on Each Major Program and on Internal Control over Compliance in
Accordance with OMB Circular A -133.
5. The auditors' report on compliance for the major Federal program for City of Aventura,
Florida expresses an unqualified opinion.
6. No audit findings relative to the major Federal program for City of Aventura, Florida are
reported in Part C of this schedule.
7. The program tested as major program is as follows:
Federal Program:
United States Department of Justice
Equitable Sharing Program
Federal CFDA No.
16.922
8. The threshold for distinguishing Types A and B programs was $ 300,000 for the major Federal
programs.
9. City of Aventura, Florida was not determined to be a low -risk auditee pursuant to OMB
Circular A -133.
B. FINDINGS - FINANCIAL STATEMENT AUDIT
NONE
C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL PROGRAM
NONE
D. OTHER ISSUES
No Summary Schedule of Prior Audit Findings for Federal Awards is required because there
were no prior audit findings related to Federal programs.
No Corrective Action Plan is required because there were no findings required to be reported
under the Federal Single Audit Act.
102
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC J -CM
City Manager
BY: Joanne Carr, AIC
Community Develop t rector
DATE: February 14, 2013
SUBJECT: Request of Public Storage, Inc., for (1) Conditional Use approval to permit
a self - service storage facility in the MO (Medical Office) zoning district and
(2) Variances to facilitate the redevelopment of the existing self- storage
facility, for property located at 21288 Biscayne Boulevard, Aventura (01-
CU-13 and 02- VAR -13)
March 5, 2013 City Commission Meeting Agenda Item (04
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for Conditional Use approval pursuant to Section 31- 144(f)(2)j.
of the City's Land Development Regulations to permit a self - service storage facility in
the MO (Medical Office) District; and
2. Approve the request for Variance from Section 31- 144(f)(4)d.3. of the City's Land
Development Regulations to permit 29.7% open space, where a minimum of 33% open
space is required by Code; and
3. Approve the request for Variance from Section 31- 144(f)(4)c. of the City's Land
Development Regulations to permit a 20 foot wide rear yard setback, where a minimum
25 foot wide rear yard setback is required by Code
for the redevelopment of the Public Storage facility at 21288 Biscayne Boulevard, City
of Aventura, with the following conditions:
1. The applicant shall obtain building permits for the proposed development within
12 months of the date of the approving resolution, failing which this approval
shall be void. The applicant may request one six month extension of time to
obtain building permits and the City Commission may, by resolution or motion,
grant such extension of time upon showing of good cause by the applicant.
2. Plans shall substantially comply with those submitted, as follows:
• "Public Storage ", Cover /Location /Index, Sheet C -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", ALTA/ACSM Land Title Survey, Sheet 1 of 2, prepared by
Michael E. Petulla, P.L.S., dated 8/17/2012
• "Public Storage ", ALTA/ACSM Land Title Survey, Sheet 2 of 2, prepared by
Michael E. Petulla, P.L.S., dated 8/17/2012
• "Public Storage ", Conceptual Site Plan, Sheet SP -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 1/25/13, signed and sealed 2/4/2013.
• "Public Storage ", Ground Floor Plan, Sheet A -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", 2nd Floor Plan, Sheet A -2, prepared by Gustavo J. Carbonell,
P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", 3rd and 4th Floor Plan, Sheet A -3, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", Roof Plan, Sheet A -4, prepared by Gustavo J. Carbonell, P.A.,
dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", Elevation Plan, Sheet A -5, prepared by Gustavo J. Carbonell,
P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", West Elevation - Rear 1 -Story Building Plan, Sheet A -6,
prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012,
signed and sealed 2/4/2013.
• "Public Storage ", Overall Site Plan, Sheet C -1, prepared by Consulting
Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Layout Plan, Sheet C -2, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Paving, Grading and Drainage Plan "A ", Sheet C -3, prepared
by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed
2/5/2013.
• "Public Storage ", Paving, Grading and Drainage Plan "B ", Sheet C -4, prepared
by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed
2/5/2013.
• "Public Storage ", Site Details, C -5, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Drainage Details, C -6, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
i•:
• "Public Storage ", Landscape Site Plan, Sheet LP -1, prepared by Mariano Corral,
Landscape Architect, dated 9/5/2012, revised 2/6/2013, signed and sealed
2/6/2013, approved as noted.
• "Public Storage ", Specifications and Details, Sheet LP -2, prepared by Mariano
Corral, Landscape Architect, dated 9/5/2012, revised 2/6/2013, signed and
sealed 2/6/2013.
3. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use.
4. Prior to issuance of a building permit for the proposed development, the applicant
shall provide to the City a recorded copy of a Unity of Title, in form satisfactory to
the City Manager and City Attorney, to combine the two parcels comprising this
development.
THE REQUESTS
The applicant, Public Storage, is requesting the following:
1. Conditional Use approval pursuant Section 31- 144(f)(2)j. of the City's Land
Development Regulations to permit a self - service storage facility in the MO (Medical
Office) District; and
2. Variance from Section 31- 144(f)(4)d.3. of the City's Land Development Regulations
to permit 29.7% open space, where a minimum of 33% open space is required by Code;
and
3. Variance from Section 31- 144(f)(4)c. of the City's Land Development Regulations to
permit a 20 foot wide rear yard setback, where a minimum 25 foot wide rear yard
setback is required by Code
for property located at 21288 Biscayne Boulevard, City of Aventura (See Exhibit #1 for
Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
Public Storage
Public Storage
21288 Biscayne Boulevard
See Exhibit #2 for Location Plan
and Exhibit #3 for Aerial Photograph
LEGAL DESCRIPTION See Exhibit #4 for Legal Description
3
EXISTING ZONING
FUTURE LAND USE DESIGNATION
Zoning —
Subject property:
Property to the North:
Property to the South
Property to the West:
Property to the East:
Existing Use —
Subject property:
Property to the North:
Property to the South
Property to the West:
Property to the East:
MO, Medical Office District
Business and Office
MO
Medical Office District
MO
Medical Office District
MO
Medical Office District
MO
Medical Office District
B2
Community Business District
Self- service storage Facility
Self- service storage Facility & Vacant Land
Medical Office Buildings
Nursing Home
Retail Plaza
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
Property to the East: Business and Office
Property to the West: Business and Office
The Site - The subject site is located on the west side of Biscayne Boulevard, between
NE 212 and NE 213 Street, with municipal address of 21288 Biscayne Boulevard.
The Project — The applicant has submitted an application for Administrative Site Plan
Approval to redevelop the existing public self - service storage facility built in the early
1980s. The existing facility consists of 10 1 -story storage buildings and 10 parking
spaces. The redevelopment proposed is demolition of five (5) of the existing 1 -story
buildings, construction of a new 4 -story building at the easterly portion of the site, new
parking areas with 35 parking spaces and 4 new loading spaces and new landscaped
areas. The existing entrance and exit driveways on Biscayne Boulevard are proposed
to remain in the current location. Existing barbed wire along the top of the perimeter
concrete walls will be replaced with a new picket fence. The rear fagade of the most
easterly 1 -story building which faces NE 29 Avenue will be redesigned with new
moldings to break up the expanse of stucco. The 20 foot rear yard setback area on NE
29 Avenue, which is currently dirt and some sparse vegetation, will be replanted with
sod, hedge and trees.
4
ANALYSIS
Citizen Comments — As of the date of writing of this report, the Community
Development Department has received no written citizen comments about this
application.
Community Development Department Analysis — The property is located in the MO
(Medical Office) District. Although the self - service storage facility is existing on site, it
was built prior to adoption of the City's Land Development Regulations and is
considered a lawful non - conforming use. The proposed redevelopment of the facility
triggers the need for compliance with the City's Land Development Regulations, which
require conditional use approval for a self - service storage facility in this zoning district.
The plan, as proposed, also requires approval of variances to permit reduced open
space and a reduced rear yard setback.
Request #1: Conditional Use approval pursuant to Section 31- 144(f)(2)i. to permit
a self - service storage facility in the MO (Medical Office) district.
The Medical Office zoning district permits self- storage facilities with a minimum of 1.5
acres, following conditional use approval. This site contains approximately 4.55 acres.
Criteria
The guidelines for approval of conditional uses as required by Section 31 -73(c) of the
City's Land Development Regulation states:
"General Standards of review. In addition to the standards set forth in these LDRs
for the particular use, all proposed conditional uses shall meet each of the following
standards:"
(a) The proposed use shall be consistent with the comprehensive plan.
The proposed use is consistent with the goals and objectives of the Comprehensive
Plan. The future land use designation for this property is Business and Office. The
intent of the Business and Office land use designation is described in the Future Use
Element of the City's Comprehensive Plan. This category is intended to accommodate
the full range of sales and service activities in our City. A self - service storage facility is
a service that may be contemplated by this land use category.
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed redevelopment of the
existing self - service storage facility will not be detrimental to or endanger the public
health, safety or general welfare. The facility has existed on this site since the early
1980s. Water, sewer and stormwater management will be provided to the site as
5
detailed on the approved plans. The entrance and exit drives onto Biscayne Boulevard
will remain in their existing locations. Additional landscaped areas will be constructed.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood. To the north is an existing self - service storage facility. To the south are
medical office buildings. To the west is an existing nursing home and to the east is an
existing retail plaza. Aesthetically, the new 4 -story self - service storage building will
resemble other office buildings in the immediate vicinity.
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the
requirements of these LDRs.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, either exist at the City's adopted levels of service
or will be available concurrent with demand.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures exist to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets. The proposed
redevelopment of the site will not result in a change to existing ingress and egress.
(t) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed 4 -story self - service storage building has been designed to resemble an
office building. New landscaping is proposed along the Biscayne Boulevard frontage of
the site, within the interior of the site and along the rear setback area on NE 29 Avenue.
All rooftop mechanical equipment will be screened from view of the public right of way
and other properties. The rear of the existing 1 -story self - service storage building on
NE 29 Avenue will have fagade enhancements to improve the aesthetics along that
street frontage.
Request #2: Variance from Section 31- 144(4)d.3. of the City's Land Development
Regulations to permit 29.7% open space, where a minimum of 33% open space is
required by Code.
The existing 1 -story self - service storage facility contains approximately 17.8% open
space and was built prior to adoption of the City's Land Development Regulations. The
proposed redevelopment requires compliance with all sections of the City Code.
Although the proposed plan increases open space from 17.8 %, or 35,119 square feet to
29.7 %, or 58,853 square feet, a minimum of 33% is required by Code. The applicant
has requested variance from this site development criterion.
Criteria
The guidelines for approval of variances as required by Section 31 -76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the particular physical condition of the specific
property necessitates the request for variance, that is, the existing buildings on
site. The applicant further advises that there is a substantial overall increase in
the amount of open space on site as a result of the redevelopment, however, the
built condition of the westerly portion of the site results in the hardship.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
(3) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LDR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
7
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity. The overall
redevelopment will be a benefit to the public by replacement of a 1980s style
building with a building that will be compatible in design with other office buildings
in the immediate vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or
increase the danger of fire or endanger the public safety, or substantially diminish
or impair property values within the vicinity. The existing ingress and egress will
be retained. The demolition of buildings constructed in the early 1980s and
construction of a building with modern design and increased landscaping on site
will be a benefit to other properties within the vicinity.
Request #3: Variance from Section 31- 144(fl(4)c. of the City's Land Development
Regulations to permit a 20 foot wide rear yard setback, where a minimum 25 foot
wide rear yard setback is required by Code.
The rear yard setback for this property occurs at its easterly boundary adjacent to NE
29 Avenue. One of the existing 1 -story self - service storage buildings is set back 20 feet
from the easterly property limit. The proposed redevelopment requires compliance with
all sections of the City Code. A minimum 25 foot wide rear yard setback is required in
the Medical Office zoning district. The applicant has requested variance from this site
development criterion.
Criteria
The guidelines for approval of variances as required by Section 31 -76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result in a
particular hardship upon the owner, as distinguished from a mere inconvenience, if
the regulations were carried out literally.
The applicant advises that the particular physical condition of the specific
property necessitates the request for variance, that is, the existing most easterly
self - service storage building is setback 20 feet from the property boundary. This
L-11
existing condition results in the hardship. The applicant further advises that this
most easterly building forms the wall serving as the security feature for the rear
of the site.
(2) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
(3) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with the
LDR.
The applicant's difficulty is not economic in nature and has not been deliberately
created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity. The applicant has
submitted plans showing fagade improvements to the easterly face of the
building and landscape improvements consisting of sod, hedges and trees in this
setback area.
(5) The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity.
The proposed variance will not substantially increase traffic congestion or
increase the danger of fire or endanger the public safety, or substantially diminish
or impair property values within the vicinity. The existing building fagade forming
this rear yard setback will be improved with moldings and painting. The 20 foot
wide setback area will be landscaped with sod, hedges and trees.
E
BERCOW RADGLL & FERNANDEZ
ZONINf3, LAND USE AND ENVIRONMENTAL LAW
Direct: 305- 377 -6230
E -Mail: MRadellabrzoninalaw.com
December 7, 2012
VIA HAND- DELIVERY
Ms. Joanne Carr
Community Development Director
City of Aventura
19200 West Country Club Drive, 4th Floor
Aventura, FL 33180
RE: Application by Public Storage, Inc.
Dear Joanne:
commuNmy bML60mtkt
CITY OF "ENTURA
D C; 10 212
s A
IN
This shall serve as the letter of intent that accompanies an application by
Public Storage, Inc. requesting conditional use approval, a non -use variance of
new setback, and a non -use variance of open space concerning its property
located at 21235 Biscayne Boulevard. Public Storage has an existing "first
generation" self storage facility at this location which it seeks to upgrade with an
attractive and modern self storage building. As we discussed, the existing
facilities are grandfathered as legal non - conforming uses as a result of the
rezoning of all of the property in this area to the Medical Office zoning district
shortly after the City of Aventura was incorporated.
The proposed redevelopment of the property would involve the
demolition of four buildings and the construction of a modern four -story self
storage facility. We believe that this proposed redevelopment of the site with a
modern building is reasonable and appropriate. This process has allowed Public
Storage's architects to collaborate with the City's professional staff in order to
develop a site plan that will be an asset to the community and compatible with
streetscape along this section of Biscayne Boulevard. In addition, the existing
storage facility operated by Public Storage includes a number of tenants related
to medical use including medical suppliers, hospitals and physicians as well as
many businesses and residents of the City Aventura. We believe that the
proposed site plan will be compatible with the surrounding business and
EXHIBIT #1
. 0
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 650 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Ms. Joanne Carr
December 7, 2012
Page 2
medical office uses, and will be a complementary use in the Medical Office
zoning district.
The non use variances that are being requested are the result of the
redevelopment of half of this property. The amount of landscaped open space
that is being provided on the east half of the property exceeds that which is
required by Code, and the result is a substantial overall increase in open space.
The rear setback variance is the result of an existing building that is being
retained.
Please do not hesitate to call me if you have any questions or need
additional information.
MR/ ah
cc: Jim Fitzpatrick, Public Storage
Gus Carbonell
BCRCOW RADGLL & FERNAN DEZ
ZONING. LAND USE ANO ENVIRONMENTAL LAW
LEGAL DESCRIPTION OF PROPERTY
PARCEL #1
Being a portion of the SW' /4 of the NE % of the NW % and SE'/ of the NE % of the NW
% of Section 34, Township 51 South, Range 42 East, Dade County, Florida, as follows:
Beginning at a point on the west line of said SW % of NE '/4 of NW '/4 located 273 feet
north of the southwest corner of said SW %; Thence Run easterly parallel to and
272.948 feet north of the south line of said SW % and SE % 793.84 feet to the westerly
right of way line of Federal Highway U.S. No. 1; Thence Run northeasterly along said
right of way 100 feet; Thence Run westerly parallel to and 363.91 feet north of the south
line of said SW '/4 and SE '/4 837.29 feet to the said west line of SW Y4; Thence Run
southerly along said west line 90.98 feet to the point of beginning.
PARCEL #2
That parts of Lots 3 and 4, Block 3 of Hallandale, lying westerly of the right of way of
State Road #4, according to the plat thereof recorded in Plat Book "B ", at Page 13 of the
Public Records of Dade County, Florida, more particularly described as follows:
Beginning at a point on the westerly boundary line of Lot 3, Block 3, said point being
150.05 feet south of the northwest corner of said Lot 3, Block 3; Run Thence easterly on
the line parallel to the south line of said Lots 3 and 4, a distance of 908.47 feet to a point
being on the westerly line of State Road #4 or Federal Highway U.S. #1; Thence Run in
a southwesterly direction on the westerly line of State Road #4 a distance of 163.80 feet
to a point; Thence Run along a line deflecting to the right 114 031'49" said line being
parallel to the south line of said Lots 3 and 4, Block 3, a distance of 837.29 feet to a
point; Thence along a line deflecting 91 013'03 ", to the right along the westerly line of
Lot 3, Block 3, a distance of 149.05 feet to the point of beginning.
EXHIBIT
01-CLI-13 . 2V ,
' `` ,i APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura land Development Code, this Applicant Representative Affidevil is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified ill the avompanying
arA,tication. and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows:
Name Relationship (i.e. Attomeys. Architects. t andscape
Architects, Engineers, Lobbyists, Etc.)
Michael Radell Attorney
Nelson prtiz,(Consuj.tincr ,-- �- -_� --� _— - -
Engineering Science,Inc. Engineer
Michael E. Petulla Surveyor
Gustavo J. Carbonell Architect
Mariano Corral Landscape Architect
(Attach Additional Sheets H 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)(M OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS My HAND TH•.S __ DAY OF
AUTHORIZED REPRESENTATIVE OF APPLICANT.
(Signature)
Name:
__.�_� (Prinl) ...
Tillei _ ^..._._
Address:
CA,t -eAtr",
STATE OF Ft6 A )
COUNTY OF MIA ;.-D �
200_
OWNER � io
8X - _.
(Signature)
Name:.,,.,i i( Fi pa.tr.is-k
Vice President TiOe:,.._.__
Address: Public Storage
701 Western Avenue
Glendale, CA 91201
Before me the undersigned authority personally appeared . JIM %tTZF?r -1 c as the aulhorized representative of the
Applicant andfor the owner of the preperty subject to the application, who being first by me duly wear or affirm that hefshe
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIA T
SWORN TO AND SUBSCRIBED BEFORE ME this3(.(day of .JA- .. 2(16 i3
MEREDITH A. ALLEN Public of ware
Commission # 1885701 Printed Name of NotaiT 14
z: �m Notary Public California z My commission expires: Lt _i..
Los Angeles County D
My Comm. Expires Apr 18, 2014
t£. APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31.71(b)(7.)0) of the Cily of Aventura land Devetooment 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 idenRied 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 errily
applying for the Development Permit in connection with the application, as follows:
Name Relationship (i.e. Attorneys. Architects. landscape
Architects, Engineers, Lobbyists, Etc.)
M:ic>>ael Radell Attorney
Nelson Ortiz/Con ultinc�
Engineering cience,Ine. Engineer
Michael E. Petulla
Gustavo J. Carbonell
Mariano Corral
Surveyor
Architect
Landscape Architect
(Attach Additional Sheets if Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC. 31.71(8)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS Vy HAND THIS DAY OF _...,.. 2_
AUTHORIZED REPRESENTATIVE OF APPLICANT
By_ �.
(Si�naaae)
Name:
(Prial)
Tille: -- -- - - - -- -
Address:._..__
STATE OF 1`69%A )
COUNTY OF
OWNER
B> �...�
nal e)Pw
Name:.,T.im Fitzp,at.rj nk
Vice President 7ttle:.,_.__._
Address: public Storage
701 Western Avenue
Glendale, CA 91201
Before me the undersigned authority personally appeared Zit-, F L1L as the authorized representative of the
Applicant andfor the owner of the properly subject to the application, who being first by to duly ear or affirm that heh34k-
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFI N
SWORN TO AND SUBSCRIBED BEFORE ME this Sllpklay of JA�wA?:W�eubfic 2QY
MEREDITH A. ALLEN
Commission # 1885701 Sta teoftterid�a-61-z ;
i Notary public - California D Printed Name of Noll
Z ' Los Angeles County M r
' Y commission expires:___A {� ii<_..i
My Comm. Expires Apr 18, 2014 i
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31.71(b)(2)(5) of the City of Aventura rand Development Code. The undersigned Affiani hereby discloses that
(mark with -x" applicable portions only)
)1. Affiant does nit have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
(
12. ANiant 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- shareholdar (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant of Representative in any
business venture;
[ ] N. The Applicanl 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:
( I, v- The Applicant or Represenfalive is a Customer of the member of the City CrminfMion or Board (or of his or her
employer) and transacts more than $10,000.00 d 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 tthee business siness of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS 6 DAY OF .1/� c f�. 200_.1 '1—
APPLICANT :
B Srgrtature)
Name: (lint)
Title: crida—Pr ee— et _Rky)
WITNESS MY HAND THIS
PROPERTY OWNER:
DAY OF
By:,- (Signature)
Nam. e:- _._.._
Tiller_
The terms Business Relationship, " Client " "Customer, " 'Applicant, " Representative' and "Interested Person` are defined in
Section 1 -395 of the Aventura City Code.
(.>L'LVb2Ni,A NOTARIZATION PROVISION
STATE OF RORIM ) .
COUNTY OF i= E�
Before me, the undersigned authority, personally appeared im - -. F i t zpataft eknt who being first by me duly swan, did swear p- e#Frrnihat heF*he-
executed this Affidavit for the purposes stated [herein and that $ is true and correct.
AFFIA T
SWORN TO AND SUBSCRIBED before me [his. ` day of
MEREDITH A.ALLEN -
Commission # 1885701 z deryPuhNcSteteof CA C�`tJ
z = -d Notary Public - California z � � • > Primed Nam of Notary
Los Angeles County Mycommissiatexpires:_PPS�r..lq,,
----- - ----- ____.....__.. ------ _ --------- ._.,.-___.._.----._-__._......------- . ...... ......__.- ..- ....._
STATE
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _...... _._ _._ the Affiand, who tieing first by me duty swan, did swear or affirm (hat he/she
executed [his Affidavit for the purposes stated therein and that it is trde and correct.
SWORN TO AND SUBSCRIBED before me this _..___ day of
STATE OF FLORIDA }
COUNTY OF tuMAMI -DADE)
Before me, the undersgned authority, personally appeared _ _
executed this Affidavit for the purposes staled therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this day of _._
--°---------------- - --- ---
STATE OF FLORIDA )
COUNTY OF MIAM -DARE)
Before me. the undersigned authority, personally appeared --- .- ..- . - -, --
executed this Affidavit Icr the purposes stated therein and [hat it is true and correct.
SWORN TO AND SUBSCRIBED before fne this _- _.- day of
200-
-.200--
AFFIANT
Notary public State of Fia da A[ Lerge
_.__...-._ o__.:..__ -.. ... -_.-
Printed Name of Notary
My commission expires:- ....___ -,—
the Affiant, who being first by me duly swan, did swear or affirm that he/she
AFFIANT
Notary Public State d Fbride Al Large
Printed Name of Notary
My oornmlasion expires:-,._........_..
_.- the Mont who being first by me duty sworn, did swear or affirm that he/she
,-200,..
- .._._. - .- ..,... -._.
AFf [ANT
Notary Public State of FWida At Large
Printed Name of Notary
My commission expires:........ _ ..
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31- 71(b)(2)(ii) of the City of Aventure, Land Development Code The undersigned Affiant hereby discloses that.
(mark with "x" applicable portions only)
1 Affiart does not have a Business Relationship with ary member of the City Comm ssion or any City Advisory Board to which
the application will be presented.
[ 1 2 Affiart hereby discloses that it does have a Business Relat'.onship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows.
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves;
The nature of the Business Relationship is as follows.
(; i. Member of City Commission or Board holds an ownership interest in excess of 11% of total assets or capital stock
of Applicant or Representative,
( ii. Member of City Commission or Board is a pariner, 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 mernber of the City Commission or
?oard
IV. A City Commissioner or Board member is a Client of the Applicant or Representative,
(! v. The Applir,anl 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 200
APPLICANT
BY— ----- __.. (S�
Name
Tifle rPrml.
WITNESS P /.Y HAND THIS DAY OF 200_.
PROPERTY OWNER:
By-
Nam
Title:
(Signafwe)
"lire rernr; "Business Relalionshrp, ` ` Clien," `Cumomec" 'Applkam, " "Representative' and 'Ynlerested Per.S017` are defined in
Section 2 -39b of the Avernura City Code.
NOTE. 1) Use duplicate sheets K disclosure information for Representative varies
2> 4npUm^u and Affionsx= advised mbmely supplement this Affidavit pvmuom to, Sec. 11'7|(h)i2Ki,)of
the riry^, Land Du^,|upmcm Rrgn|mi^m in the City Code. in the o,ont 'hot prior to consideration of the
arr|}ra/mn by the City Board or Commission. the mkrnmd*n provided in the Affidavit hccnmcs incorrec t or
ioco III |m�,
WITNESS WY HAND THIS, DAY OF
200 —13
Relationship AViduvid
/�EPR
��ouo*�
By
Nome�____��___________�h/x�
lNo
lNo.-____-_'
8y� ��oaox�
By-_(SIgnaove
Name..,__
Name�
Title � �)�V
TNei-_ ...... __-_______-_��nV
'
8y'__
By.
Name: o9�V
Title: (Pont)
T Pe: __'_________�____���
By
By�
TK� (Poh)
TUle.___
�hn�
By
By__
Title:
(PhnV
Title:
Thle�_______
8y� /�»�mxx�
By:_�________________���o�ue
Title:.
Title:_
NOTE. 1) Use duplicate sheets K disclosure information for Representative varies
2> 4npUm^u and Affionsx= advised mbmely supplement this Affidavit pvmuom to, Sec. 11'7|(h)i2Ki,)of
the riry^, Land Du^,|upmcm Rrgn|mi^m in the City Code. in the o,ont 'hot prior to consideration of the
arr|}ra/mn by the City Board or Commission. the mkrnmd*n provided in the Affidavit hccnmcs incorrec t or
ioco III |m�,
NOTARIZATiON PROVISION
STATF OF FLORIDA )
CO 1N i Y OF I' !A41: DADE) `/
Belora me, the undersigned authority, personally appeared 111—aY
'lle L�!..._ the Affiant, who being first by.nr0 duly sworn, did swear or affirm that heshe
executed this Al' it for the purposes stated therein and that it is true and correct. A I .
SWORN TO AND SUBSCRIBED befoe e i
r Notary Public Stale of Florida
r° Ana Hernandez
t� My Commission EE075919
i?. a1°` Expires 04129112015
STATE OF Fl1RIDA
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared
executed ;his Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this __ day of ..,,.,,..
- - -- -- ---
-
STATE OF F'_ORIDA )
GOUNTY OF MIAMI -DADE)
Be"ore me, the undersigned authority, personally appeared
executed ILIs Affidavit for the purposes stated therein and that it Is hue and correct.
200_
AFR, T_ -.
I y
Notary Pubh e of Florida At Large
Myco Name o Notary
My commission expires J 7
.- ___ - ---- - - -_ _--_
the Affianl, who being first by me duly sworn, did swear or affirm that hershe
A.FF IANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
1 11 11-1 Vie Affiant, who being first by me duly sworn, did swear or atfimr that he/she
AFFIANT
SbM'ORN TO AND SUBSCRIBED before me this , _ -. day of - 200
.....
.__ _. ..__.__�.
Notary Public Slate of Florida At Large
Printed Name of Notary
My commission expires:_ -___.
- -- ----- - - - - - - -- -
STATc. OF FLORIDA ) _-
COUNTY OF MIAMI -DADE)
Before. me the undersigned awrority, personally appeared _ lire Affianl, who being first by me duly sworn, did swear or atfrm that he/she
exerute! this Affidavit her the purposes stated therein and that it is true ane,, correct-
SVVCRN 10 AND SUBSCRIBED befoe trip this _ .... _. day of -..._ .- ......_ 200_
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_..
� ,V!,
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)
11 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
j 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ j i, Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
(] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
O
V. 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 _1_ DAY OF _ S fPX -fj34-, Za 17—
.
APPLICANT
By (Signature)
Name: l a D 12 (Print)
Title: V-ct �► *s�rauT _,(Print)
WITNESS MY HAND THIS DAY OF 200_.
PROPERTY OWNER:
By: (Signature)
Name: (Print)
Title,_ (Print)
'The terms "Business Relationship, " "Client, " "Customer, " 'Applicant, " "Representative" and 'Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
WITNESS MY HAND THIS 4l DAY OF !a ,c zol Z
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature)
Name -- n I" (Print)
Title: Vrtti P✓►zs,a.NT (Pang _
C 444.6471 N 6u 94S,4z,V
By' ((S,iignat /urge),
Name:�rf� G� -614,70)�`�
Title: A/--461 Y Cf -- . (Print)
By:__
(Signature)
Name:
Name :_
(Print)
Title:
(Print)
By,
(Signature)
Title:
Title:
(Print)
Title:
(Print)
By:– (Signature)
Title: (Print)
Title: (Print)
By:
(Signature)
Name:
Title:
(Print)
Title:
(Print)
By: (Signature
Name: (Print)
Title: (Print)
By: _ (Signature
Name:_ (Print)
Title: (Print)
By:
(Signature
Name:
(Print)
Title: _.
_ (Print)
By:
(Signature
Title:
(Print)
Title:
(Print)
By: (Signature
Title; (Print)
Title: (Print)
By:_
Title:
(Signature
Title: — (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-71 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA }
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared N.+U n Ur4 I Z the Affiant, who eing first by me duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
C —�
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of C20f s OMAYRA V. BERG
Notary Public - State of Florida
My Comm. Expires Jun 27, 2014
Notary Pubti t lorida At Lar +, ,,,, ••° CommlSaion # EE 4280
Printed me of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE} d ���� �Kw
Before me, the undersigned authority, personally appeare�V — the Affiant, w eing y sworn, did swear or affirm that he(she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
� f 2
SWORN TO AND SUBSCRIBED before me this da y of 20 NOTARY PUBLIC -STATE OF FLORIDA _ D� .,..y, Obdulia Vald °s
U -` : Commission # DD,899000
NoJM Public Slate of Fl d r e ' %; ?,,•' Expires: JUl Y 14, 2013
1.(LSd&I -14 (/GO BONDED THRU ATLANTIC BONDING CO., INC,
Printed Name of Notary ((_ J R
My commission expires: ` .7
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct
SWORN TO AND SUBSCRIBED before me this _ day of , 200_
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this __._ day of _ 200_.
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires.
the AffianL who being first by me duly sworn, did swear or affirm that he /she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_ ___
` BUSINESS RELATIONSHIP AFFIDAVIT'
¢4pfler�
inr� Affuau:; ;ti mad~ pttrSuan! a S—Wlon 31.71(42>(rn, Of ;Ire Ciiy o! Aventc.) rz .acre DWelotwnerr ;ode T he enoeKigner Affiant hereoy biscloees tna:
amarr vnth'x- awficable Dmions ^n1y4
Afferl rimes not havr: a BirstneS; Retahonshir wnh ary rriemne or ftm C4iy :commission n• any Crly Advisory Boad tQ wnic*
tie anoticolon will ne niresented
Affianl hereby discloses that if does It
a Business Re:atanshn wdh a member of the City Commission o: a City Advisory
board to which the application will De Dresenled. as Wows.
(Js' home mf :,omm tsspne' n' Adwgnf;' Board Wernber whC server` 0, the
. _ (:ts ±: tly ;.ommi5sK)i- or CAty Advisory Board up,)- whtcn memhe: serve_;
T nr: ratrnr 01 the Business ReWionsho Is as; follows
f. M-mber of City Commission Or Board noids an c>wnershm mieres: in excess of 1% a total assess O: cawai stoct:
of PiDolicant or Reoreseniatwe.
( ii. Mernbef n! City Commission or Board is a Darinec. W- shareholde; Jas w scares nr a coronrattor wnrcr. arp ne
listed on any national or repronal stock e:rcflangej a toim verncue: wish the ADDhcant o: Reoreseniative in any
business venture:
ir. The ADaiimnl or Representative is a Ghent of a member Or the City COmmIssrJn or Board or a Cher: or anoiher
Drofessiona' working from the same office or for the same emr>taye: as the memoir r of the City Commisson rx
Boa'o.
f j ry A City Commissioner or board member is a Client of the Applicant or Reoresenlative,
l v The Annfr.:.ant or RiiewntalnuP. is a r IAIMPr of the member Of the l:Ily ':nmmlCSM nr Board in! of his or hp>
employer and transacts more Char; S10.0.00 CA foe business of the member of the City Corhrnsson or Board lo:
his or he: empooyer'; in a oiven calenoar year.
w. The member o? t!te City Commission or Board is a Cusamer of the ADplicani or Representative aid transacts
more Thar S25.00010 of the business of the A001i t or Representatwe in a given calendar year.
WI-i N ESS IN HAND THIS -- DAY OF 2p
Ar= PL!C,AN`
Sr :5!�rrarurer
faarne rFrrtr%
dK• __ _� fprrnl;
W7 WES rat' KAND THf�
PPOPERT`:' (3WNcR-
DA`' OF — — 1C[-'--
5r. f&onarrae!
Dame °nor=
'rake lPia�r - -�
The i?rrli: lvirgess Realronshp,` "iiieni." 'uulSronier.` 'AODkC'W,° 'REp�eSerllatrv2'" OW, 71MerPSree Parson' are oe&W, in
.� :1rra: i• fc :; rrdt �iat'rtur c;rrl Cooe
-zbC3
WITNESS h(V ;HAND THIS �. DAY OF ftkt,#A P
6cAR c'NTATI1rE tst ine riot ion i ANidavilj
Y BY
r4ameM:ichael E. f °irnit Name: ,Pant;
PeUu1Ta -
itt±e Surveyor tPrr„t ?toe
BY: _,
(Srgnarure;
Name _ --
(Ptrr;
Tit)e-
(Print)
By:
_ fSrgnarure
Name._._.
— _(Print)
r!le:
(Print)
Br
_ fsignatule,.
Tt� {ie:
Tice:
fP/L71,%
By.
Title (Fr�nt1
Title (Print)
By. (S1gna11j10
Tlne. _ -- (PrrnL)
Title.___ _ ......
(Prt!7tf
By: _ _ - -.
_ fSrgnarure
Name.. _
Name _—
Tine:
IPnnrj
By
(Sitinarure
Name _—
(r3intl
Title:.
fPrrrllj
BY_
Tt� {ie:
fPi�r {i
Title- -_.
BY- .- _. 15ignmilre
Title :. -- (Pri"V
By-
Title.
Title. _ _i(Prrnit
NOTE: 11 Use duplicate sheets if disclosure information for Representative varies
2i Aoniicanis and Affiants are advised to timely suoplent°ni this Affidavit pursuant to Sec. ?I- 71(b)42t(iv) of
the C'ir% s Land Development Rzotdations in the Cite Linde. in the event that prior to consideration of the
apphealtor hr the City Board or Commission. the information provided in the Affidavit becomes incorrect or
+ncomnlete.
NOTARIZATION PROVISION
F! -ORDA
OF �" 5ebjAat>
heirge me. the unilersogned avthoriry. personally al)f*afed the Affip.m,, who bennQ 6 by me iv q of
r, who Wnt, I me
exemlec Mis Affidavit lot the purposes stated theteir, and 1W it i5 true and correl, "a, A-j
A F P !ANT
Ulb+R�6t996@111�et of y P
...... 2019
y
fl
JANIENE W. COLTON
A = Notary Public - State of Florida
Not Pu I r e
My Comm. Expires Aug 2, 2013
Printed N of Nov
IZOF ' F Commission # DD 900435 P �'rinriNotary
MY commis.. .... as
- ------------ ........ . .....
COUNTY V VIAWDA[)E!
Debire frie. the undes-geed authrAq. personally appealed the Affient, who being first by me doi,, sworn. did swear or affirm (hat hersht
execute this A.Kicavit ior Ine P-ofoosles stated therein anc that it is true ano carm-,
A;:,--CANT
N TO AND SUBSCRIBED aelore me this -- day Of—, 200_
Notary Public State of Fjortua At Large
Printed —dame -WfNn--u-vy- — --- --
MY commission expires: _'
S*Aic Or F_OQIDA
'GOUNT� Or MIAMI -DADE)
Before me, Ole underwried authority, personally appeared the Atliant, who being firs! by me duly Sworn. did swear or affirm that he/st,
Pxect)Whs Affidaysl fix the lyjrf)oses stated therein and that it K true and criefect
AFFiANT
SWORN TO AND Sii?SCRIBE--:) before MelhtS--, dayof - -.- -.200
Notary Public State of Florida At Large
Printed Name of Nolary
IVY commission expires..
S-AT; ' Or r -0RfDA ------ -.---"----- ---- - ---- --------
COUNTv C) MIAWDADE)
fle•ora me. the undersigned authority. personally appeared
tie Alfiart. 0c barn first by me duly sworn. did swear a albr.- thpit)e.1-he
exa-'Utel this AlftGavi: lei the purposes Stated therein and that it is title and ccx'0c-.
SWORN TO AND SUBSCRIBED before me this day Of
20C
AFFIANT
Npoia'v P"ibli'. State of Flo Ida At large
Drirlted Name of Notary
MY Wilmwicin exorresi.-
` BUSINESS RELATIONSHIP AFFIDAVIT'
Ttu� Affidav+i is made pursuant to SeChOn 31- 71(b)(2)(ii) of the City of Aventure Land DPVelopn nt :ode. The undersroned AKiant hereby discloses lira;
(inari. with 'z' apnli„ able oortiors only;
V{i 1 AHiant does not nave a Business Retationshro with pry member of Rte Ciiy Commsswn e• any City Advisory Board 16 which
the application will be oresentri
AfSart hereby discloses that ii does haw a Business Retaeanshtp with a member of the City COMMisSror• or a C
Board to which the application will be presented. as folows: ity Advisory
- - - - -- tLis! name of Commresroner or Advisory Board
i1h @rtlber-,' Why serves pr. thc.
— - -. - -- _ {! is ;City Comrnissron or City Advisory Board upon wnicn member servesf
'ht: nature of the Business Relationship Is at follows.
( Member of City Commission or Board hoids an o"rshle interest in eyes o+ 1 °!� o' total assets or caouar stock
of Aoplic ant or Representative;
lvlember of City Commission or Board is a partner, cc-shareholder {as 10 share; of a corporation whiC.h are not
listed ss any netional or regional stock (7xatange) or loin; venturer with the Applicant o: Representative in any
business venti/re;
r i iii- The Applicant or Representative is a Client of a member of the Citv Commission or Bparo or a Chen: of anoiner
Board, same working from the same Office or for the same employer as the member of the. City Commission or
3oard,
f j iv A City Commissioner or Board member is a Client of the Applicant or Representative;
! v ThP APnfi-anf Or RPprK_ P,rllainip )5 a Customer of thP. member d the C.ily : OmmiSSron or Board for of lire � tier
erncloyer }and transacts more tnar $iQf�0 -00 Of the business of the member of the City Commission or Board for
his or her employer) in a given calendar year;
i) vi. The member of the City Commission or Board is a Customer of the Applicant or Representalive and transacts
more Thar, $25,000.00 of the business of the Applicant or Reoresentative in a given calendar year.
WITNESS IVY HAND T HIS _ DAY OF
-- - 200
ADPLICAN`
Br
Name 15rgrr ?hirer
i 111E --_ — _ _ iPrarrl
VTNF °S MY HAND TH
PROPERTY OWNER:
DA" OF 200_
Bv.
!SmnArurej
name .
+die.
-- �(Prrnli
lire le/nzs Huv »ess Rei »�ronsh , ` client. 'CUS1omer. ` 'Appltcanl, - 'y?epresernanve" altd 'hlleresled Pr�rsOn' Bic: de/rited m
$GC1U017 ? -Jo i of file AYenlUrn (.�llv COde
A Ti NOTARIZATION PROVISION
�'XNIT! Or MAW-DAIDc !
hei0reme. the und&.sioner, authority. Personally appeared
the - "whobetNftlbyr-ne
execifteci thl,, Affidavit to Vie purposes stated I e etr i by
hi --ancth"titisbuea,
SWIRN M AND SUBSCRIBED oeVe, fine If* day Of 200f
did sf ear 7haffinr, that he,'Shi;
p7 -Z*e, Not%ry Public State Of Florida
Hernandez
Xc. o` Commission E E07591 9
for no Expires 04/29/2015
-P
Prfflled Nam, 0! Notary
My OMIMISW exores
---------- --- ------- -- - -------- ........
SSA - - ().RIL)A 3 " -------
(,()tjN-Is OF IVIAWDADE)
Befoferne. tile unders;gned avinnitly_ personally appeared
executeo. lh;s Affidavit lor the OVIDOM stated Inerein ano that it is trje and Mie--! the Affiarl. who being first by me duly Sworn, did svvu, a affirm the-, ljpjsh(,
AFFiJiNT
'WORN TO AND SUBSCR)BED before me this day of 200
Notary Public State of FW= At Large
Pn riled kathe 0 Notary
--,
............ ... .............. ... Mycorrimtssionexares
...... . ...... ...... . ... ----- - - - --- -° ---------
WE C--- C oRtot, I
OUNT" OF MIANIJ-DADt)
Bette the. the undersigned authority. personally appeared ...... the Affiant, who being first by me oujy s
exK-utee this Affidavit for the p-j(POSes; stated lherein W that it is tare and conet! wom, did sweat or affirm that he/she
Ajii FANt
SWORN TO AND SJBSCMED before me this
,__ day Of , _200,
Notary Public State of Florida A, Large
Printed Nam of Notary
My Commission expves.
ATOR 1 0 P. -------- --------------- -- ------ . .............
Or MIAMI-C)AD;Ej
,Qe�,'Xe me. the undersigned ainhonly. Personally appeared the 018111. who being first by the duly sworn. did swear or affir-- that he/she
exectilec this Aftiwvii to, the pvrposes stated therein. and Ina, if is true and correct.
SWORN TO AND SUBSCRIBED before me this day 01
, _ _ -.. 200,
AFFIAW
Notary Public State of Florida At Large
Printed Name ol Notary
My commission expires
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
PURSUANT TO SECTION 31- 144(f)(2)j. OF THE CITY CODE TO PERMIT A
SELF - SERVICE STORAGE FACILITY IN THE MO (MEDICAL OFFICE)
DISTRICT; GRANTING APPROVAL OF VARIANCE FROM SECTION 31-
144 (f)(4)d.3. OF THE CITY CODE TO PERMIT 29.7% OPEN SPACE,
WHERE A MINIMUM OF 33% OPEN SPACE IS REQUIRED BY CODE;
AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31-
144(f)(4)c. OF THE CITY CODE TO PERMIT A 20 FOOT WIDE REAR
YARD SETBACK, WHERE A MINIMUM REAR YARD SETBACK OF 25
FEET IS REQUIRED BY CODE, FOR THE REDEVELOPMENT OF THE
SELF SERVICE STORAGE FACILITY AT 21288 BISCAYNE BOULEVARD,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, Public Storage, through Applications Nos. 01 -CU -13
and 02- VAR -13, is requesting conditional use approval pursuant to Section 31-
144(f)(2)j. of the City of Aventura Code of Ordinances ( "Code ") for a self - service
storage facility in the MO, Medical Office District; and variance from Section 31-
144(f)(4)d.3. of the Code to permit 29.7% open space, where a minimum of 33% open
space is required by the Code; and variance from Section 31- 144(f)(4)c. of the Code to
permit a 20 foot wide rear yard setback, where a minimum 25 foot wide rear yard
setback is required by the Code, and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the Code, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for conditional use approval pursuant to Section 31-
144(f)(2)j. of the Code to permit a self - service storage facility in the MO, Medical Office
Resolution No. 2013-,
Page 2
District; application for variance from Section 31- 144(f)(4)d.3 to permit 29.7% open
space, where a minimum of 33% open space is required by the Code, and application
for variance from Section 31- 144(f)(4)c. to permit a 20 foot wide rear yard setback,
where a minimum 25 foot wide rear yard setback is required by the Code, on property
legally described in Exhibit "A" to this resolution are hereby granted, subject to the
following conditions:
1. The applicant shall obtain building permits for the proposed development within
12 months of the date of the approving resolution, failing which this approval
shall be void. The applicant may request one six month extension of time to
obtain building permits and the City Commission may, by resolution or motion,
grant such extension of time upon showing of good cause by the applicant.
2. Plans shall substantially comply with those submitted, as follows:
• "Public Storage ", Cover /Location /Index, Sheet C -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", ALTA/ACSM Land Title Survey, Sheet 1 of 2, prepared by
Michael E. Petulla, P.L.S., dated 8/17/2012
• "Public Storage ", ALTA/ACSM Land Title Survey, Sheet 2 of 2, prepared by
Michael E. Petulla, P.L.S., dated 8/17/2012
• "Public Storage ", Conceptual Site Plan, Sheet SP -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 1/25/13, signed and sealed 2/4/2013.
• "Public Storage ", Ground Floor Plan, Sheet A -1, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", 2nd Floor Plan, Sheet A -2, prepared by Gustavo J. Carbonell,
P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", 3rd and 4th Floor Plan, Sheet A -3, prepared by Gustavo J.
Carbonell, P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed
2/4/2013.
• "Public Storage ", Roof Plan, Sheet A -4, prepared by Gustavo J. Carbonell, P.A.,
dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", Elevation Plan, Sheet A -5, prepared by Gustavo J. Carbonell,
P.A., dated 8/13/2012, revised 12/4/2012, signed and sealed 2/4/2013.
• "Public Storage ", West Elevation - Rear 1 -Story Building Plan, Sheet A -6,
prepared by Gustavo J. Carbonell, P.A., dated 8/13/2012, revised 12/4/2012,
signed and sealed 2/4/2013.
• "Public Storage ", Overall Site Plan, Sheet C -1, prepared by Consulting
Engineering & Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Layout Plan, Sheet C -2, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
Resolution No. 2013 -
Page 3
• "Public Storage ", Paving, Grading and Drainage Plan "A ", Sheet C -3, prepared
by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed
2/5/2013.
• "Public Storage ", Paving, Grading and Drainage Plan "B ", Sheet C -4, prepared
by Consulting Engineering & Science, Inc., dated 1/10/2013, signed and sealed
2/5/2013.
• "Public Storage ", Site Details, C -5, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Drainage Details, C -6, prepared by Consulting Engineering &
Science, Inc., dated 1/10/2013, signed and sealed 2/5/2013.
• "Public Storage ", Landscape Site Plan, Sheet LP -1, prepared by Mariano Corral,
Landscape Architect, dated 9/5/2012, revised 2/6/2013, signed and sealed
2/6/2013.
• "Public Storage ", Specifications and Details, Sheet LP -2, prepared by Mariano
Corral, Landscape Architect, dated 9/5/2012, revised 2/6/2013, signed and
sealed 2/6/2013.
3. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of
the conditional use.
4. Prior to issuance of a building permit for the proposed development, the
applicant shall provide to the City a recorded copy of a Unity of Title, in form
satisfactory to the City Manager and City Attorney, to combine the two parcels
comprising this development
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner 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 4
PASSED AND ADOPTED this 5th day of March, 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 , 2013.
CITY CLERK
Resolution No. 2013 -
Page 5
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL #1
Being a portion of the SW '/4 of the NE % of the NW '/ and SE '/4 of the NE '/ of the
NW '/4 of Section 34, Township 51 South, Range 42 East, Dade County, Florida, as
follows:
Beginning at a point on the west line of said SW % of NE '/4 of NW '/4 located 273 feet
north of the southwest corner of said SW '/4; Thence Run easterly parallel to and
272.948 feet north of the south line of said SW '/ and SE '/4 793.84 feet to the westerly
right of way line of Federal Highway U.S. No. 1; Thence Run northeasterly along said
right of way 100 feet; Thence Run westerly parallel to and 363.91 feet north of the
south line of said SW '/4 and SE '/4 837.29 feet to the said west line of SW '/4; Thence
Run southerly along said west line 90.98 feet to the point of beginning.
PARCEL #2
That parts of Lots 3 and 4, Block 3 of Hallandale, lying westerly of the right of way of
State Road #4, according to the plat thereof recorded in Plat Book "B ", at Page 13 of
the Public Records of Dade County, Florida, more particularly described as follows:
Beginning at a point on the westerly boundary line of Lot 3, Block 3, said point being
150.05 feet south of the northwest corner of said Lot 3, Block 3; Run Thence easterly
on the line parallel to the south line of said Lots 3 and 4, a distance of 908.47 feet to a
point being on the westerly line of State Road #4 or Federal Highway U.S. #1; Thence
Run in a southwesterly direction on the westerly line of State Road #4 a distance of
163.80 feet to a point; Thence Run along a line deflecting to the right 114 031'49" said
line being parallel to the south line of said Lots 3 and 4, Block 3, a distance of 837.29
feet to a point; Thence along a line deflecting 91013'03", to the right along the westerly
line of Lot 3, Block 3, a distance of 149.05 feet to the point of beginning.
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC -C
City Manager
BY: Joanne Carr, AICP
Community Development Director
DATE: February 14, 2013
SUBJECT: Variance requests by Aventura Fashion Island LP to facilitate the
development of "Town Center Aventura" located at 2711 NE 187 Street,
City of Aventura (03- VAR -13)
March 5, 2013 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission take the following actions:
Approve the request for variance to permit common open space of 29.35% where a
minimum 35% common open space is required by Code in the TC1 (Town Center)
District; and
2. Approve the request for variance to permit an existing 8.4 foot wide and an existing
8.5 foot wide parking stall, where a minimum parking stall width of 9 feet is required
by Code; and
3. Approve the request for variance to permit an existing 4 foot wide and an existing 5
foot wide setback to parking pavement, where a minimum 10 foot wide setback is
required by Code; and
4. Approve the request for variance to permit an existing 5 foot wide and an existing 6
foot wide terminal island, where a minimum terminal island width of 7 feet is required
by Code; and
5. Approve the request for variance to permit parking rows with more than nine
contiguous parking spaces without a landscaped island, where a minimum of one 7
foot wide landscaped island for every nine parking spaces is required by Code; and
6. Approve the request for variance to permit an existing 0 foot wide, an existing 3.9
foot wide and an existing 4.8 foot wide divider median, where a minimum 7 foot wide
divider median is required by Code
subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
• "Town Center Aventura" Cover Sheet, Sheet C -1, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Loehmann's Fashion Island ", ALTA Survey, Sheet 1 of 2, prepared by Ford,
Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed.
• "Loehmann's Fashion Island ", ALTA Survey, Sheet 2 of 2, prepared by Ford,
Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed.
• "Town Center Aventura" Overall Site Plan, Sheet C -2.1, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Overall Pavement Marking & Signage Plan, Sheet C -2.2,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Overall Paving, Grading & Drainage Plan, Sheet C -2.3,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Civil Key Sheet, Sheet C -3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "A ", Sheet C -4.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "A ", Sheet C -4.2, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "A ", Sheet C -4.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "B ", Sheet C -5.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "B ", Sheet C -5.2, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "B ", Sheet C -5.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "C ", Sheet C -6.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "C ", Sheet C -6.2, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "C ", Sheet C -6.3, prepared by Bohler
K
Engineering, dated12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Plan "D ", Sheet C -.1, prepared by
Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Site Plan "D ", Sheet C -7.2, Sheet C -7.2, prepared by
Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "D ", Sheet C -7.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "E ", Sheet C -8.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "E ", Sheet C -8.2, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Engineering Plan "E ", Sheet C -8.3. Site Plan "E ", Sheet
8.2, prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed
and sealed.
• "Town Center Aventura ", Site Details, Sheet C -9, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed..
• "Town Center Aventura ", Planting Plan - Entrance Drive, Sheet LP -1, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan - West Entrance Drive, Sheet LP -2,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura ", Planting Plan - South Entrance Drive, Sheet LP -3,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura ", Planting Plan - East Entrance Drive, Sheet LP -4, prepared
by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan - North Entrance Drive, Sheet LP -5,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura ", Planting Plan - Pavilion Plaza, Sheet LP -6, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan - Overall Site, Sheet LP -7, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Tree Disposition Plan - Overall Site, Sheet LP -8, prepared
by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Specifications & Details, Sheet LP -9, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Floor Plan, Sheet A -1, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Elevations, Sheet A -2, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Elevations, Sheet A -3, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Gazebo Plan & Elevation, Sheet A -4, prepared by Kent D.
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Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Trash Enclosure Detail, Sheet DP -1, prepared by Kent D.
Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Site Lighting Plan, Sheet ESP -1, prepared by Kent D.
Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
2. Building permits for the proposed development shall be obtained within twelve
(12) months of the date of the Resolution or the approvals granted shall be deemed null
and void unless extended by a motion of the City Commission.
3. Prior to issuance of a building permit, the applicant shall record this resolution in the
Public Records of Miami -Dade County. All expenses of such recordation shall be borne
by the applicant.
4. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
lifestyle center improvements, the applicant shall either:
a. Provide to the City a recorded copy of a modification to the Reciprocal Easement
Agreement between the applicant and the Venture condominium approving the
reconfiguration of the turning circle and access road as shown on the improvement
plans submitted with this Application 03- VAR -13; or
b. In the event that the applicant fails to obtain such modification of the Reciprocal
Easement Agreement, the applicant shall apply for revisions to the approved site plan
and variances in accordance with Section 31 -76(h) and Section 31 -790) of the Code to
amend the approved plans to provide for strict compliance with the access road
configuration provided for in the effective Reciprocal Easement Agreement, and the
applicant shall relocate the access road configuration in accordance with such final
approvals.
5. No future expansion of floor area in the Lifestyle Center shall be permitted until all
parking areas have been brought into strict compliance with the City Code.
THE REQUESTS
The applicant, Aventura Fashion Island LP, is requesting the following (See Exhibit #1
for Letter of Intent):
1. Variance from Section 31 -145 (b)(5) h. to allow common open space of 29.35 %,
where a minimum 35% common open space is required by Code for the TC1 (Town
Center) District; and
2. Variance from Section 31- 171(a)(6) to allow an existing 8.4 foot wide and an existing
8.5 foot wide parking stall, where a minimum width of 9' is required by Code; and
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3. Variance from Section 31- 171(a)(7) to allow an existing 4 foot wide and an existing
foot wide setback to parking pavement, where a minimum 10 foot wide setback is
required by Code; and
4. Variance from Section 31- 221(1) (3)a.1. to allow an existing 5 foot wide and an
existing 6 foot wide terminal island, where a minimum terminal island width of 7 feet is
required by Code; and
5. Variance from Section 31- 221(i)(3)a.2. to allow parking rows with more than nine
contiguous parking spaces without a landscaped island, where a minimum of one 7 foot
wide landscaped island for every nine parking spaces is required by Code; and
6. Variance from Section 31- 221(i)(3)a.2. to allow an existing 0 foot wide, an existing
3.9 foot wide and 4.8 foot wide divider median, where a minimum 7 foot wide divider
median is required by Code,
all on the property known as the Town Center Aventura plaza located at 2711 NE 187
Street, City of Aventura.
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
Aventura Fashion Island LP
Aventura Fashion Island LP
East side of Biscayne Boulevard between NE
187 Street and NE 191 Street, municipal
address 2711 NE 187 Street (See Exhibit #2
for Location Plan)
Overall Town Center site is 26.22 acres
Lifestyle Center site is 19.94 acres
LEGAL DESCRIPTION Part of Tracts A and B, Regina Square
Subdivision, Plat Book 113, Page 27 of the
Public Records of Miami -Dade County, Florida,
City of Aventura (see Exhibit #3 for complete
legal description)
Zoning -
Subject Property: TC1, Town Center District and
B3, Heavy Business District
Properties to the North: B2, Community Business District
Properties to the South: B2, Community Business District
Properties to the East: TC1, Town Center District and TC2, Town
Center Marine District
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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:
Biscayne Boulevard and FEC Railway
Commercial Plaza
Commercial
Commercial and Residential
Commercial and Residential
Biscayne Boulevard and FEC Railway
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are currently designated as follows:
Subject property: Town Center
Property to the North: Town Center
Property to the South: Business and Office
Property to the East: Town Center
Property to the West: Business and Office
The Site — The subject site is located on the east side of Biscayne Boulevard between
NE 187 Street and NE 191 Street, known as the Town Center Aventura plaza with
municipal address 2711 NE 187 Street, City of Aventura.
The Project — The applicant has applied for site plan approval to develop a lifestyle
center as Phase II of the Town Center. A lifestyle center is a permitted use in the TC1
(Town Center) zoning district.
The lifestyle center project is proposed to replace the mixed -use Town Center project
approved in 2003 as Phase II of the master plan for the overall site. Phase I is the
existing Venture East and Venture West residential condominium buildings. The
current proposal is a $5,545,000 million upgrade to the existing plaza to create a
lifestyle center as Phase II of the overall Town Center master plan , including the
following:
1. Demolition of approximately 3,000 square feet of the existing one story retail
buildings to provide entrances to a new major tenant and improve pedestrian circulation
in the plaza;
2. Addition of approximately 1,000 square feet to existing tenant spaces with plans for
future addition of 5,200 square feet of retail space. The net increase in floor area
resulting from the demolition and new addition is 3310 square feet of retail space.
3. Reconfiguration of the entrance drive from Biscayne Boulevard, including new
landscaping, and construction of a new exit drive at the northwest limit to improve traffic
circulation on site;
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3. Reconfiguration of five parking fields to add 20 new parking spaces;
4. Improvement of all building facades;
5. Improvement to all pedestrian walkways, including new pavers, water features,
seating areas, decorative landscaping and gazebo;
6. New pedestrian sidewalk connections from Biscayne Boulevard, NE 29 Avenue and
NE 187 Street;
7. Drainage improvements to connect all wells on site;
8. Construction of a new service drive along the east boundary of the plaza with the
existing residential building, to provide for access to the loading area for the new anchor
tenant. This service drive will include reconfiguration of the turning circle at the Venture
West condominium and a new parking area to the west. This will require a modification
to the Reciprocal Easement Agreement between the applicant and the Venture;
9. Construction of a shelter and shuttle bus stop and bike racks in the plaza; and
10. An increase of approximately 8,700 square feet of green space and an increase of
approximately 18,000 square feet of common open space.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
City of Aventura Comprehensive Plan. The future land use designation of the parcel is
Town Center. This proposed development is Phase II of the Town Center, with the
residential portion previously developed as Phase I, and is consistent with the purpose
and design of a Town Center as described in the Comprehensive Plan.
Citizen Comments — As of the date of writing of this report, no written or verbal
complaints /comments from citizens have been received.
Community Development Department Analysis — The applicant has submitted its
application for site plan approval to redevelop the existing one story retail plaza into a
lifestyle center. Although the applicant proposes many beneficial improvements and
upgrades to the plaza, some of the existing conditions of the current configuration
which was built prior to adoption of the City's Land Development Regulations, including
parking fields and open space, do not comply with current site development criteria of
the City Code.
City staff has reviewed the site plan submitted by the applicant and finds that it does
comply with the following site development criteria:
1. Minimum lot size and width;
2. Maximum lot coverage;
3. Maximum floor area ratio;
4. Maximum height;
5. Minimum number of parking spaces;
6. Minimum front, side street and rear yard setbacks;
7. Maximum residential to non - residential density /intensity required by the Town Center
zoning district.
The lifestyle center proposal does not comply with the following six (6) site development
criteria of the City Code, those being; the minimum percentage of open space, the
minimum size of parking spaces, the minimum setback of parking pavement to the right
of way, the minimum perimeter landscape buffers for parking areas, the minimum width
of parking area terminal islands and divider medians and minimum width and number of
interior islands. The applicant has requested approval of variances to these six criteria.
Exhibit #4 to this report shows the location of each of the requested variances.
Criteria for Review - The standards of review for variance requests are found in
Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations.
The Code states that "a variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
[standards of review] are met..." Each variance request is evaluated below using those
standards of review.
Request #1: Variance from Section 31.145(b)(5) of the City's Land Development
Regulations to allow 29.35% open space, where a minimum of 35% open space is
required by Code.
The TC1 (Town Center) zoning district site development criteria requires that a
minimum of 35% of the total lot area shall be provided as common open space, of
which a minimum of 17.5% shall be landscaped with grass and vegetation and the
remaining 17.5% may be used for recreational facilities, amenities, pedestrian walks,
entrance landscaping and features or maintenance facilities. The site plan application
proposes 19.52% landscaped green space and 9.82% common open space consisting
of amenities, pedestrian walks, entrance landscaping and features.
The following is an analysis of Section 31 -76(e) of the City Code as it relates to this
request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of the property, that is, the existing built condition of the plaza creates the
reduced open space area. While the applicant has increased the open green space
E:3
through parking field and entrance drive reconfiguration and has increased open
common space through demolition of portions of the existing buildings, the resulting
29.35% open space does not meet the 35% required by Code.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the conditions upon which the request for variance are
unique to this parcel and would not be generally applicable to other property within the
vicinity. The development was built prior to the adoption of the City Code and is
constrained by previous development of the Phase I residential buildings.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity. The proposed improvements to the building facade,
amenities, parking, traffic circulation, sidewalks and drainage improvements will be a
benefit to the public.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
There are proposed traffic circulation improvements on site that will benefit all users.
Request #2• Variance from Section 31.171(a)(6)a. of the City's Land Development
Regulations to allow a parking stall width of 8.4 feet and 8.5 feet, where a
minimum parking stall width of 9 feet is required by Code.
The proposed site plan includes reconfiguration of four parking rows along Biscayne
Boulevard and the new entrance drive from Biscayne Boulevard, with nineteen new
spaces and interior islands. All new spaces and islands comply with the size
requirements of the City Code. The remaining existing spaces in the parking row
adjacent to Biscayne Boulevard south of the entrance drive are 8.4 feet wide. The
0
remaining existing spaces in the parking row adjacent to Biscayne Boulevard to the
north of the entrance drive are 8.5 feet wide.
The following is an analysis of Section 31 -76(e) of the City Code as it relates to this
request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The applicant has added new parking spaces that comply
with the size of space and number of spaces between interior islands, however, the
applicant advises that reconfiguration of the rest of the parking row to comply with City
Code would result in a loss of spaces that would not be beneficial to the plaza users.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the non - conforming size of parking space and the loss of
number of parking spaces in order to bring the parking row into compliance makes this
request unique and not generally applicable to other property within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant. The non - conforming condition is existing.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
Request #3: Variance from Section 31.171(a)(7) of the City's Land Development
Regulations to allow a 4 foot wide landscaped setback from the public right of
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way to the edge of parkins pavement along the south side of the parking area and
to allow a 5 foot wide landscaped setback from the public right of way to the edge
of parking pavement along the west side of the parkina area, where a minimum
10 foot wide landscaped setback is required by Code.
The landscaped setback to the existing parking pavement along NE 187 Street is 4 feet
and the existing parking pavement landscaped setback along Biscayne Boulevard is 5
feet. The minimum 10 foot wide setback is required by Code. The applicant is
requesting this variance to maintain the existing parking rows.
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The parking setbacks of 4 feet and 5 feet are an existing
condition. In order to comply with the Code, a potential loss of 70 parking spaces may
occur.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the non - conforming setback of parking space and the
potential loss of number of parking spaces in order to bring the parking rows along
Biscayne Boulevard and NE 187 Street into compliance make this request unique and
not generally applicable to other property within the vicinity
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant. The non - conforming condition is existing.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity. There is a 10 foot wide public sidewalk on Biscayne
Boulevard to the west of the parking pavement setback, providing a 15 foot wide
setback to the edge of pavement in the right of way. There is a 7 foot wide public
sidewalk on NE 187 Street to the south of the parking pavement setback, providing an
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11 foot wide setback to the edge of pavement in the right of way.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
The non - conforming conditions are existing.
Request #4• Variance from Section 31.221 (i)(3)a.1 of the City's Land
Development Regulations to allow a 5 foot wide terminal landscaped island in a
parking row and to allow a 6 foot wide terminal landscaped island in a parkina
row, where a minimum 7 foot wide landscape island at both ends of parkina rows
is required by Code.
The reduced terminal island width of 5 feet and 6 feet occurs the terminus of the center
parking row of the parking field in the northwest corner of the site. The condition is
existing.
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(6) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The 5 foot wide and 6 foot wide terminal island in the center
parking row of the parking field in the northwest corner of the strip is existing. In order
to comply with the Code, a potential loss of 6 parking spaces may occur.
(7) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the non - conforming terminal island widths and the potential
loss of number of parking spaces in order to bring the buffer strip into compliance
makes this request unique and not generally applicable to other property within the
vicinity
(8) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
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created by the applicant. The non - conforming condition is existing.
(9) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity.
(10) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
The non - conforming conditions are existing.
Request #5• Variance from Section 31.221 (i)(3)a.2 of the City's Land
Development Regulations to allow parking rows with more than nine contiguous
parkina spaces without a landscaped island, where a minimum of one 7 foot wide
landscape island for every nine parking spaces is required by Code.
The non - compliant condition occurs in (1) the parking row adjacent to Biscayne
Boulevard to the north of the entrance drive, where there are 12 contiguous parking
spaces without a landscaped island; (2) in the parking row adjacent to Biscayne
Boulevard to the south of the entrance drive, where there are 12 contiguous parking
spaces in a row without a landscaped island; (3) in the parking row to the south of the
plaza buildings, where there are 10 spaces and 11 spaces without a landscaped island;
and (4) in the center parking rows in the northwest corner of the site, where there are 15
contiguous parking spaces without a landscaped island.
Conditions (1) and (2) above occur as a result of the addition of 2 new parking spaces to
each row. Condition (3) above occurs as a result of the addition of 1 new parking space
to each row row and due to the reconfiguration of existing parking fields to the east.
Condition (4) is existing.
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(11) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The applicant has added 20 new parking spaces to the site
and has reconfigured 8 parking rows to comply with City Code. In order to increase the
number of parking spaces for user convenience, some rows lack the landscaped island
required by Code for each nine contiguous spaces.
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(12) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the existing non - conforming rows and the resultant loss of
number of parking spaces in order to bring the parking rows into compliance makes this
request unique and not generally applicable to other property within the vicinity
(13) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant.
(14) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity.
(15) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
Request #6• Variance from Section 31.221(i)(3)a.2 of the City's Land Development
Regulations to allow a 0 foot wide divider median, a 3.9 foot wide divider median
and a 4.8 foot wide divider median for abutting rows of parking spaces or for
rows abutting an interior driveway, where a minimum 7 foot wide divider median
is required by Code.
The reduced width of divider median occurs (1) in the abutting center parking rows of the
northwest parking field, where no divider median exists; and (2) in the parking row south
of the plaza buildings, where a 3.9 foot wide divider median exists; and (3) in the parking
row north of the plaza buildings, where a 4.8 foot wide divider median exists.
The following is an analysis of Section 31 -76(e) of the City as it relates to this request.
(16) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
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The applicant advises that the hardship at this location is caused by particular physical
condition of this property. The abutting rows of parking without a divider median, the
3.9 foot wide divider median and the 4.8 foot wide divider median are all existing
conditions. In order to comply with the Code, a potential loss of 34 parking spaces may
occur.
(17) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The applicant advises that the non - conforming divider median widths and the potential
loss of number of parking spaces in order to bring the median widths into compliance
makes this request unique and not generally applicable to other property within the
vicinity
(18) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The applicant's difficulty is not economic in nature and the difficulty was not deliberately
created by the applicant. The non - conforming condition is existing.
(19) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other property or
improvements in the vicinity.
(20) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
The non - conforming conditions are existing.
15
B E RCOW RADG LL & FERNANDEZ
ZONING, LANE3 USE AND ENVIRONMENTAL LAW
DIRECT LINE: 305 - 377 -6238
E -MAIL: mmarrero ftrzoninglaw.com
CpM�uN1TY O�LOMAW
UPA
VIA FACSIMLE AND E -MAIL 'ITY OF AVEt4
February 14, 2013 FEB 2 1 2013
Ms. Joanne Carr
Community Development Director
City of Aventura
19200 West Country Club Drive, 4, Floor
Aventura, Florida 33180
Re: Variances for Town Center Aventura at 2711 NE 187 Street, Aventura,
Florida
Dear Joanne:
This law firm represents Aventura Fashion Island, LP and Turnberry
Associates, Inc. (the "Applicant "), with regard to an application for several
variances required for a proposed lifestyle center, Town Center Aventura at 2711
NE 187t" Street (the "Property ").
The Applicant acquired the area designated Town Center and zoned TC1,
in 2006 with plans of redeveloping the existing Loehmann's Plaza. Then, the TC1
zoning district only permitted B1 commercial uses within the center. It had
always been the Applicant's intention to work with the City to expand the
permitted uses, while still maintaining the Town Center's character. In 2010, the
Applicant proposed a limited code amendment to permit a slight expansion of
the permitted uses in TC1. The amendment, which was approved by the City
Commission, permitted certain uses (including book stores, pet shops dancing
and theater academies and furniture stores) at higher square footages than were
otherwise permitted in TC1. Unfortunately, these specific changes were never
utilized by potential tenants, and the Applicant is now proposing a more global
change that will permit a Lifestyle Center at Loehmann s Plaza.
Exhibit #1
03- VAR -13
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Ms. Joanne Carr
February 14, 2013
Page 2
The Applicant continued to work with staff to craft an ordinance that
would help revive the center, in addition to being consistent with the objectives
of the underlying Town Center. Ultimately, the Lifestyle Center concept arose as
something that would achieve the retail commercial goals of the center, while
still upholding many of the elements that make a town center unique, including
pedestrian walkways, street furniture, water features and gathering areas. The
ordinance permitting a Lifestyle Center with the Town Center district was
approved earlier this year.
While the Property is currently a retail commercial center, generally
similar to what is proposed, there are several important changes that are
intended to improve the customer and pedestrian experience on the site. The
proposed site plan includes many additional features that were part of the
conceptual discussions during the Lifestyle Center legislative process. These
include a fountain, a gazebo, additional and updated landscape, and improved
pedestrian walkways and circulation.
Furthermore, the green space was increased from 104,196 square feet to
112,930 square feet and the common space was increased significantly from
57,580 square feet to 75,539 square feet. This resulted in an increase to the
overall open space from 161,776 square feet to 188,469 square feet. The parking
spaces on the site were also increased from 1,001 spaces to 1,050 spaces.
Additionally, the floor area ratio (FAR) for the site was decreased from 0.245 to
0.218, which will further provide for a more open and landscaped project.
The project requires several variances to the Town Center regulations.
First, a variance to Section 31- 171(a)(6)(a) will be required to permit the retention
of the existing parking lot dimensions. This section requires that each parking
space be not less than 9 feet in width and 18 feet in length. The existing spaces in
the center were built prior to the City's incorporation and the adoption of this
code requirement. Thus they have remained as legally nonconforming up to this
point. Adhering to this code requirement would have a devastating effect on the
center as it would result in the loss of over 100 spaces. A variance to Section 31-
171(a)(7) is required for similar reasons. This section requires the edge of all
parking pavement and access roads to be set back a minimum of 10 feet from the
right of way. Again, the existing conditions do not comply with this later
adopted requirement.
The proposed plan provides for a great deal more landscaping than
currently exists on the site, and more than was approved previously. However,
BCRCOW RADGLL & FERNAN DEZ
ZONING. LAN[ USE ANO ENVIRONMENTAL LAW
Ms. Joanne Carr
February 14, 2013
Page 3
it still falls short of the existing code requirement in certain areas. For example, a
variance will be required from Section 31- 221(1)(2), pertaining to the width of
landscape buffers - which remain nonconforming. Similarly, a variance will be
required from Section 31- 221(i)(3)(a)(1) regarding all contiguous rows of parking
to be terminated by landscaped islands. Finally, a variance to Section 31-
221(i)(3)(a)(2), which requires that all landscaped interior islands be at least
seven feet in width and 90 square feet in size, and shall be located at every nine
parking spaces. Finally, a variance from Section 31 -145 (b)(5)(h) will be required
to allow common open space of 29.35%, where a minimum 35% common open
space is required by Code. Overall, these variances are necessary to ensure that
the site retains as much of the existing parking as possible. Full compliance with
the code would result in a severe diminishing of the parking count at the center.
For all the foregoing reasons, the applicant respectfully requests your
department's favorable review and recommendation of this variance application.
Should you have any questions, comments, or require additional information,
please do not hesitate to phone my direct line at (305) 377 -6238.
Sincerely yours,
/T//47��
Michael J. Marrero
BCRCOW RADGLL & FERNAN DEZ
ZONING, LANG USE ANO ENVIRONMENTAL LAW
03- VAR -13
Exhibit #3
03- VAR -13
LEGAL DESCRIPTION OF PROPERTY
A portion of Tracts A & B, Regina Square Subdivision, according to the Plat thereof, as
recorded in Plat Book 113, at Page 27, of the Public Records of Miami- Dade County,
Florida, being more particularly described as follows:
Commence at the Northwest corner of said Tract A; thence South 84 °49'44" East, along
the north line of said Tract A; for 223.65 feet to the Point of Beginning of the hereinafter
described parcel of land; thence continue South 89 049'44" East along the north line of
said Tract A for 53 feet; thence South 00 °45'38" East for 198.74 feet; thence South
89 °56'45" East for 283.39 feet; thence South 00 °03'15" West for 149.50 feet to a point
on the south line of said Tract A; thence South 89 056'45" East along the south line of
said Tract A also being the north line of said Tract B for 361.66 feet to the northeast
corner of said Tract B; thence South 00 038'10" East along the east line of said Tract B
for 496.76 feet; thence North 89 05645" West along the northerly boundary of The
Venture at Aventura, a Condominium for 616.05 feet; thence South 00 °03'15" West
along the west line of said The Venture At Aventura, a Condominium for 443.27 feet;
thence North 89 056'45" West along the south line of said Tract B for 632.79 feet to a
point of curvature; the following three (3) courses being along the Easterly right of way
of Biscayne Boulevard, U.S. Highway No. 1 per O.R.B. 17360, Page 3655 of said Public
Records of Miami -Dade County, Florida. (1) thence Northwesterly and Northeasterly
along a 26.25 foot radius curve leading to the right through a central angle 98 046'49" for
an arc of 45.26 feet to a point of reverse curvature; (2) thence Northeasterly along a
4709.83 foot radius curve leading to the left through a central angle of 3 017'00" for an
arc of 269.90 feet to a point of compound curvature; (3) thence Northeasterly along a
5828.53 foot radius curve leading to the left through a central angle of 2 042'02" for an
arc of 274.72 feet; the following three courses being along the Southerly, Easterly and
Northerly boundary line of Jaffe Building, Inc. property as described in O.R.B. 19137 at
Page 2349 of the Public Records of Miami -Dade County, Florida. (1) thence South
89 056'45" East for 178.24 feet; (2) thence North 00 003'15" East for 228.32 feet; (3)
thence North 89 052'41" West for 171.56 feet to a point on a circular curve concave to
the West and whose radius bears North 89 023'49" West; the following two courses
being along said Easterly right of way line of Biscayne Blvd., U.S. Highway No. 1. (1)
thence Northeasterly along a 5828.53 foot radius curve leading to the left through a
central angle of 00 008'14" for an arc of 13.96 feet to a point of tangency; (2) thence
North 00 027'57" East for 47.78 feet; the following three courses being along the
Northerly and Westerly boundary of said Tract B; (1) thence South 89 052'41" East for
439.96 feet; (2) thence North 00 045'38" West for 78.26 feet; (3) thence South 89 056'45"
East for 73.50 feet; thence North 00 °45'38" West for 348.36 feet to the Point of
Beginning.
LESS AND EXCEPT therefrom those lands conveyed to Miami -Dade County by
Warranty Deed recorded in Official Records Book 24625, Page 468 and Official
Records Book 25690, Page 3708, Public Records of Miami -Dade County, Florida and
being described as follows:
A portion of Tract B, Regina Square Subdivision, according to the Plat thereof as
recorded in Plat Book 113, Page 27 of the Public Records of Miami -Dade County,
Florida, lying in the SW '/4 of Section 3, Township 52 South, Range 42 East, City of
Aventura, Miami -Dade County, Florida and being more particularly described as follows:
Commence at the Northeast corner of Tract C of said Regina Square Subdivision
according to the Plat thereof as recorded in that Plat Book 113, Page 27 said corner
being a point on the West right of way line of N.E. 29th Avenue; thence N 00 °38'10" W
along said West right of way line and East line of said Tract B for 98.01 feet to the Point
of Beginning of hereinafter described parcel of land; thence continue N 00038'10" W
along said West right of way line and said East Tract line for 12.00 feet, the following
seven courses being perpendicular to or parallel with the preceded course: (1) thence
S89 021'50 "W for 10.00 feet; (2) thence N00 °38'10 "W for 22.67 feet; (3) thence
S89 021'50 "W for 50.00 feet; (4) thence S00 °38'10 "E for 55.00 feet; (5) thence
N89 °21'50 "E for 50.00 feet; (6) thence N00 °38'10 "W for 20.33 feet; (7) thence
N89 °21'50 "E for 10.00 feet to the point of beginning.
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APPLICANT REPRESENTATIVE AFFIDAVIT
AWL-4
Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying
application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Ma rr-e,e A f4_0 r/7
�o�rL 'T�01 c0 �S o n L a- r'd -rc'
K,1 A arn, &64 LeW i n �Zr', 5-U f v e o r —
(Attach Additional Sheets It 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- 11(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 QECOMES INCURRU; I UK INCUMFU I t.
yo
WITNESS MY HAND THIS I .. DAY OF
AUTHOR{ZED PR" NTATIVE OF DCANT:
BY: - --
AA —
lure)
Name:1' `t G ign /l �o
(Print)
Title _Ap 0 f /1-11111`
Address: _...a O I S 4 y Mt % ✓��jd
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
OWNER
A( tgnature)
Name:-__.. In �QM s7�ly1
Print) 1
Title pr ^tom,�n 1
Address: z�D I gi.SC3
AV& �v� � L
Before me the undersigned authority personally appeared M, `v` W y 0 as the authorized representative of the
Applicant andlor the owner of the property subject to the application, who being first by me duty swo , did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. -
AFFIANT _
SWORN TO AND SUBSCRIBED BEFORE ME this day of SMN -1 200' ✓
M Notary Pudic State of Florida
Diana Ramos My Commission EE082284
Expires 04/10/2015
N ry Public State of Florida A(��rg�
Printed Name of Notary ((��
My commission expires:_._ — ..
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31- 71(b)(2)(fi) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x' applicable portions only)
rl'J t 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, cc- 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;
[ l v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) In a given calendar year:
[ ] vi. The member of the City Commission or Board is a Customer of the Appfican 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 e1DAY OF {!� 200
APPLICANT
By: / Iv (Signature)
me
Na ri L AC 4 rr? r o (Print)
Title:, r A __0100
WITNESS MY HAND THIS `_7r- DAY OF 20J3
PRO�P/ERT`( �VV�r-�
By: _/` 'ty�_ (Signature)
Name - (Print)
Title:_ OWA4r (Print)
'The term~ Business Relationship, ` "Client, " "Customer, " "Appficarrt, " "Representative" and 'Interested Person' are defined in
Section 2 -395 of the Aventura City Code.
fill BUSINESS RELATIONSHIP AFFIDAVIT*
�M.F.I.
This Affidavit is made pursuant to Section 31.71(b)(2)(6) of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
X. Affant 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:
[ 1 i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Representative;
(J ii. Member of City Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ 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 v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
(] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000,00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF 200_.
APPLICANT:
By (Signature)
Name: (Print)
Title. (Prial)
WITNESS MY HAND THIS DAY OF _200_
PROPERTY OWNER:
By: (Signature)
Name:_ (Print)
Title, (Prinl)
'The leans Business Relationship, " "Client, " Customer, " Applicant, " ` Repiesentaltve" and %nierested Person" are defined in
Section 2.395 of the Aventure City Code.
WITNESS MY HAND THIS ADAY OF 20t-3
REPRESENTATIV led on Business Relationship Affidavit)
By:_ (Signature) By __ I Signature
Name:61 G G at I ! eyr�fPrin1i Name: .... (Print)
Title: A4'+ ;Print) Title: .._ ......... _ __ (Print)
By ..__ .... .. ,(Signature)
Name:.__ (Print)
Title:
(Print)
By:
(Signature,)
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Name:
(Print)
Title:
.(Print,)
By:
__ (Signature)
Title: _
_ (Print)
Title:
(Print)
_(Signature)
Title-
Ti
(Print)
By: (Signature)
Title
Title: (Pant)
By:__. _ _ (Signature
Name: (Print)
Title: (Print)
Bye (Signature
Name:_._ (Print)
("Print)
(Signature
Title: --(Print)'
Title (Print)
By: ------ (Signature
Title: (Print)
Title
By . .... (Signature
Title: -(Print)
Title:- - -_.._
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and .Affiants are advised to timely supplement this .Affidavit pursuant to Sec. 1- 71(b)(2 ,i(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the .Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS _1! _ DAY OF f�%X"u« Cl- —, 2013
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By-_ _ (Signature) By �' J (Signature
Name. (Print) Name: ! �'� ,�9/��Yt Et—
(Print)
Title (Print) Title:- �(Print)
By: _ (Signature)
Name: (Print)
Title: __- _ (Print)
By:_ ______
(Signature)
Name: _
_ (Print)
Title:
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By
(Signature)
Title: _.
____( Prrnt)
Title:
(Print)
By:
Title (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By: _,._
(Signature
Name:___
(Print)
Title: __
(Print)
By: (Signature
Name: (Print)
Title: __ _ --- _ __ (Print)
By: _ _ ___ _— (Signature
Title: (Print)
Title: (Print)
By:,- (Signature
Title:___ _ _ __ (Print)
Title:_. _ . -_ _ -_- ( Prrnt)
By , (Signature
Title:..
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.
WITNESS MY HAND THIS -.2'0- DAY OF R� -, 20V
. . . ....... (Signwure)
Name
(Print)
Title:_,___,
REPR SUE AT *-s on Business Relationship Affidavit)
By:
_(';iqnwure)
By:
By
Title:
Name:. dwx'6vt
Name:
_(Print)
Title:
(Pri n4)
By.
Name: _(Print)
Name:
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Title:- 0`000
Title:
(Print)
By
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Name
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Title:_,___,
(Print)
By:
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Tifle:,
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Title:
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By:___ _(Signature)
Title-_,,
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By — —_(Signature)
Title: (Pr1n7)
Title:_ _(Print)
By:
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Title:-
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Title: __
_(Pfiq)
By: (Signature
Title:_
Title:_ (Printi
By:' (.Signature
Tifle,
Title' ,-
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(210v) 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
iTICOrnplete.
WITNESS MY HAND THIS _ DAY OF .2013
REPRESENTATIVE: (Liste on Business Relationship Aifidavitl
By ,_
(S,gfmml< e,;
By
{Sigrratt,re
Name:��7
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anti
Name —
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Title
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By:
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By:
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Name:
(Print)
Name
(Prior)
Title:
(Print)
Title:
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By: _
(Signature)
By
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Name:
_(Print)
Name:
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Title:
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(Print
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By:
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Title:
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(Pont)
Title: _ _ _
(Pont)
By:
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By.
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Title
(Print)
Title:
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Title:
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Title:
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By:
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By:
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Title:
_(Print)
Title:
_ _ .__(Piin)
Title:
(Print)
Title:
_(PonO
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
'_) applicants and .Affiant, are ad\ised to timel} supplement this :Affida\it pursuant to Sec. 31- 71(b)t2 i(i\ ) of
the City's Land Development Regulations in the Cit} Code, in the e\ent that prior to consideration of the
application by the City Board or Commission, the information proNided in the .Affida\it becomca incorrect or
incomplete.
WITNESS MY HAND THIS 2Z'A DAY OF 2013
REP n Business Relationship Affidavit)
By: Z;7� (tSInature) By: - _ (Signature
Name: -awl n iQ,v� r� � Name:,_., (Print)
Title:- -iii e e " PY W-51 1 �40rint) Title:- - _ -_ (Print)
By:_-. (Signature)
Name:_- (Print)
Title:
By:
(Signature
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NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31- 71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared r"v_��`�i�'7AFMFIANT 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.
SWORNTa, AN v`�'V �0 ..___.2o,�_i� '►t,�`�
Nciary Public State of Florida 1'
Diana Ramos N cy Public t f lords At Ile
'why Commission EE082284 19t_
x Aires 04/10/2015 0 inled Name of Notary
?' + °' °+° +� ✓°ti My commission expires
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me the undersigned authority, personally appeared __, __—_.
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this -_..__ day of _a 200_
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _______ -
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this , day of -_,,__.__,,, _; 200:
STATE. OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared__,___
executed this Affidavit for the ouriaoses stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this-,
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires ^_
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Flonda At Large
Printed Name of Notary
My commission expires:__u..
the Affiant, who being first by me duly sworn, did swear or affirm that he /she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_ .. _ ..... _ ..
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE) JL
Before me, the undersigned authority, personally appeared J"� rt q* tlt* Alfiant who being fir" me duty swan, dd swear cr affirm that hershe
executed this Affidavit for the purposes stated therein and that 9:s hue and correct
�A AFFiANT
SWORN TO AND SUBSCRIBED before me Anse_ day of I (j 2000
N P Vlate o . y�
AGHLE MY Lb11UlON f �f021162
6 �� hI�I M1f411t My co Name of Notary
My commission expires _ -_ -
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
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executed this Affidavit for the purposes stated therein and that it is we and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this — day of __, ,_,_, 200_
Notary Public Slate of Florida At large
Pri _.. _
nted Name of Notary
My commission "Pres. _
STATE OF FLORIDA )
COUNTY OF MIAMI -DADS)
Before me, the undersigned authority, personally appeared _ the Affianl 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
AFFIANT — .___ ---
SWORN TO AND SUBSCRIBED before me this ___ day of
Notary Public State of Floods At Large
Phnied Name of Notary
My commission expres:__
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me, the undersigned authority, pefsonady appeared _ _ _ _ _ the Affanl who being first by me duty sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is We and correct
SWORN TO AND SUBSCRIBED before me this _ ___ day of 200_
AFFIANT
Notary Public Slate of Florida At Large
Primed Name of Notary
My commission expires _-
NOTARIZATION PROVISION
STATE OF FLORIDA j
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared I � t 6fne4 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 . %
�:�—� /� ---� J. L. LaLmia
NOTARY PUBLIC
AFFIANT STATE OF FLORIDA
'
SWORN TO AND SUBSCRIBED before me this H day of t�r�YUg(�, 2001.3 C(mm# EE072158
Expires 3/9/2015
Notary �Fkxida rge
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My commission expires:_ 1
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _.._ .__ _ ._ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFANT
SWORN TO AND SUBSCRIBED before me this -- day of — _ -- __200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:, _.
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is hue and correct
AFFIANT — _— —
SWORN TO AND SUBSCRIBED before me this _ - day of _ _. __ _200—
Notary Public State of Florida At Large
Printed Nam of Notary
My commission expires:_
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared __ -- ._ _ _ -__ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this - _ day of __ -,200—
AFFIANT
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:_ _
STATE OF FLORIDA }
COUNTY OF MIAMI -DADE}
NOTARIZATION PROVISION
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t, wh e fr 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 ZQ day of _F�� 2013 •`�`+ 41!
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STATE OF FLORIDA )
COUNTY OF MIAMI -DADE}
Before me, the undersigned authority, personaVy appeared _.__.,_
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this „__ day of 2C0_
STATE OF FLORIDA j
COUNTY OF MIAMI -DADE
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
Printed Name of Notary M &(_ f ss 11• c61242 W a i; )
My commission expires:_MAy.2,C)_ oiu
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires;.___
the Affian'„ who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this .___ _ day of,,- . 200_
Notary Public State of Florda At Large
Printed Name of Notary
My commission expires:_
-------------------------------- ---- -- ------- --- --------- ------ I - -
TATE OF FLORIDA }
COUNTY OF MIAMI -DADE}
Before me, the undersigned authority, personally appeared _,._ _ _. _._... the Af6ant, who being first by me duly sworn, did swear or affirm that he /she
executed this ANidavit for the purposes stated therein and that it is true and correcr
AFFIANT
SWORN TO AND SUBSCRIBED before me this -, , .day of 200-..
Notary Public State of Florida At Large
Printed Narne of Notary
My corn mission expires
..............
NOTARIZATION PROVISION
STATE OF FLORIDA
COUNTY OFM01011.B*5 Q11M beach }
Before me, the undersigned authority, personally appeared bet` * 0 • � t "'b "e Atfiant. who being first by me duly sworn, did Swear or affirm that trelshe
executed this Affidavit for the purposes shed therein and That it is true and correct.
���,� i� 1 y , AFFIANT /�
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NMI PUW. 31�� of Florida Notary Public State of Florida At Large
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M)t OOf11fR, ex0ft Apt- 26.2016 Printed Name of Notary
My commission expires:. 011'.W169
.
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
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executed Nis Affidavit for the purposes stated therein and that it is true and correct
AR CANT
SWORN TO AND SUBSCRIBED before me this day of • _ 200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:, —
STATE OF FLORIDA j
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, perso rally appeared the Affianr, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes slated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of
Notary Public State of Fonda At Large
Printed Name of Notary
My commission expires:.
...................... — _ ...__.. _....... — _ -. ..
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me. me undersigned authority, personally appeared _ - the Affiant who being fast by me duly sworn, did swear or aRrm that he/she
executed this Affidavit for the purposes stated therein and that it is true ana correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this, . day of
Notary Public State of Florida At Large
Printed Name of Notary
My commission expees:-
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared t !N N —%N Zee Affanl, who duly sworn, did swear or affirm Ihagnerphe
executed this Affidavit for the purposes stated therein and that it is true and correct. v
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AFFIANT - - _ P.• • � 'd
SWORN TO AND SUBSCRIBED before me this 2z day of 1 g-Z (V4KY ,20J3 _ Q.••3yQQ 25 /�� ••
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STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
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executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this. .— day of — 200_
AFF (ANT
Notary Public State of Florida Al Large
Printed Name of Notary
My commission expires:__
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me, the undersigned authority, personally appeared ___ _ the Affianl, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this __ _ day of _ _ -.200-.
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires.— -_
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared ,_.. __.. _ _ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
SWORN TO AND SUBSCRIBED before me this . . _ day of __ _. -200
AFFIANT
Notary 151i6lic State of Florida At Large
Printed Name of Notary
My commission expires._
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and
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31 -145 (b)(5) h. OF THE CITY CODE TO ALLOW COMMON
OPEN SPACE OF 29.35 %, WHERE A MINIMUM 35% COMMON OPEN
SPACE IS REQUIRED BY CODE FOR THE TC1 (TOWN CENTER)
DISTRICT; VARIANCE FROM SECTION 31- 171(a)(6)a. OF THE CITY
CODE TO ALLOW AN EXISTING 8.4 FOOT AND AN EXISTING 8.5 FOOT
WIDE PARKING STALL, WHERE A MINIMUM PARKING STALL WIDTH
OF 9 FEET IS REQUIRED BY CODE; VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY CODE TO ALLOW AN EXISTING 4 FOOT AND 5
FOOT SETBACK TO PARKING PAVEMENT, WHERE A MINIMUM 10
FOOT SETBACK IS REQUIRED BY CODE; VARIANCE OF SECTION 31-
221(i)(3) a.1. OF THE CITY CODE TO ALLOW AN EXISTING 5 FOOT
WIDE AND AN EXISTING 6 FOOT WIDE TERMINAL ISLAND, WHERE A
MINIMUM TERMINAL ISLAND WIDTH OF 7 FEET IS REQUIRED BY
CODE; VARIANCE FROM SECTION 31- 221(i)(3)a.2. OF THE CITY CODE
TO ALLOW PARKING ROWS WITH MORE THAN NINE CONTIGUOUS
PARKING SPACES WITHOUT A LANDSCAPED ISLAND, WHERE A
MINIMUM OF ONE 7 FOOT WIDE LANDSCAPED ISLAND FOR EVERY
NINE PARKING SPACES IS REQUIRED BY CODE; AND VARIANCE
FROM SECTION 31- 221(i)(3)a.2 OF THE CITY CODE TO ALLOW AN
EXISTING 0 FOOT WIDE, AN EXISTING 3.9 FOOT WIDE AND AN
EXISTING 4.8 FOOT WIDE DIVIDER MEDIAN, WHERE A MINIMUM 7
FOOT WIDE DIVIDER MEDIAN IS REQUIRED BY CODE, FOR THE TOWN
CENTER AVENTURA PLAZA AT 2711 NE 187 STREET, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
WHEREAS, the applicant, Aventura Fashion Island, LP, through Application No.
03- VAR -13, is requesting variance from Section 31 -145 (b)(5) h. to allow common open
space of 29.35 %, where a minimum 35% common open space is required by Code for
the TC1 (Town Center) District; and variance from Section 31- 171(a)(6)a. to allow an
existing 8.4 foot and an existing 8.5 foot wide parking stall, where a minimum parking
stall width of 9 feet is required by Code; and variance from Section 31- 171(a)(7) to allow
an existing 4 foot and 5 foot setback to parking pavement, where a minimum 10 foot
setback is required by Code; and variance of Section 31- 221(1)(3) a.1. to allow an
Resolution No. 2013 -
Page 2
existing 5 foot wide and an existing 6 foot wide terminal island, where a minimum
terminal island width of 7 feet is required by Code; and variance from Section 31-
221(i)(3)a.2. to allow parking rows with more than nine contiguous parking spaces
without a landscaped island, where a minimum of one 7 foot wide landscaped island for
every nine parking spaces is required by Code; and variance from Section 31-
221(i)(3)a.2 to allow an existing 0 foot wide, an existing 3.9 foot wide and an existing 4.8
foot wide divider median, where a minimum 7 foot wide divider median is required by
Code.
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for variance from Section 31 -145 (b)(5) h. to allow
common open space of 29.35 %, where a minimum 35% common open space is
required by Code for the TC1 (Town Center) District; and variance from Section 31-
171(a)(6)a. to allow an existing 8.4 foot and an existing 8.5 foot wide parking stall,
where a minimum parking stall width of 9 feet is required by Code; and variance from
Section 31- 171(a)(7) to allow an existing 4 foot and 5 foot setback to parking pavement,
where a minimum 10 foot setback is required by Code; and variance of Section 31-
221 (i)(3) a.1. to allow an existing 5 foot wide and an existing 6 foot wide terminal island,
where a minimum terminal island width of 7 feet is required by Code; and variance from
Section 31- 221(i)(3)a.2. to allow parking rows with more than nine contiguous parking
spaces without a landscaped island, where a minimum of one 7 foot wide landscaped
Resolution No. 2013 -
Page 3
island for every nine parking spaces is required by Code; and variance from Section 31-
221(i)(3)a.2 to allow an existing 0 foot wide, an existing 3.9 foot wide and an existing 4.8
foot wide divider median, where a minimum 7 foot wide divider median is required by
Code, on property legally described in Exhibit "A" to this resolution is hereby granted,
subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
• "Town Center Aventura" Cover Sheet, Sheet C -1, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Loehmann's Fashion Island ", ALTA Survey, Sheet 1 of 2, prepared by Ford,
Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed.
• "Loehmann's Fashion Island ", ALTA Survey, Sheet 2 of 2, prepared by Ford,
Armenteros & Manucy, Inc., dated 6/29/10, last updated 1/30/13, signed and sealed.
• "Town Center Aventura" Overall Site Plan, Sheet C -2.1, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Overall Pavement Marking & Signage Plan, Sheet C -2.2,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Overall Paving, Grading & Drainage Plan, Sheet C -2.3,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Civil Key Sheet, Sheet C -3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "A ", Sheet C -4.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "A ", Sheet C -4.2, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "A ", Sheet C -4.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "B ", Sheet C -5.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "B ", Sheet C -5.2, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
Resolution No. 2013 -
Page 4
• "Town Center Aventura" Engineering Plan "B ", Sheet C -5.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "C ", Sheet C -6.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "C ", Sheet C -6.2, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "C ", Sheet C -6.3, prepared by Bohler
Engineering, dated12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Plan "D ", Sheet C -.1, prepared by
Bohler Engineering, dated12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Site Plan "D ", Sheet C -7.2, Sheet C -7.2, prepared by Bohler
Engineering, dated12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Engineering Plan "D ", Sheet C -7.3, prepared by Bohler
Engineering, dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura" Demolition & Erosion Control Plan "E ", Sheet C -8.1,
prepared by Bohler Engineering, dated12 /17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura" Site Plan "E ", Sheet C -8.2, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Engineering Plan "E ", Sheet C -8.3. Site Plan "E ", Sheet
8.2, prepared by Bohler Engineering, dated12/17/12, last revised 02/01/13, signed
and sealed.
• "Town Center Aventura ", Site Details, Sheet C -9, prepared by Bohler Engineering,
dated12 /17/12, last revised 02/01/13, signed and sealed..
• "Town Center Aventura ", Planting Plan - Entrance Drive, Sheet LP -1, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan - West Entrance Drive, Sheet LP -2,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura ", Planting Plan - South Entrance Drive, Sheet LP -3,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
• "Town Center Aventura ", Planting Plan - East Entrance Drive, Sheet LP -4, prepared
by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan - North Entrance Drive, Sheet LP -5,
prepared by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and
sealed.
Resolution No. 2013 -
Page 5
• "Town Center Aventura ", Planting Plan — Pavilion Plaza, Sheet LP -6, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Plan — Overall Site, Sheet LP -7, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Tree Disposition Plan — Overall Site, Sheet LP -8, prepared
by Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Planting Specifications & Details, Sheet LP -9, prepared by
Design Studio Boca, dated 12/17/12, last revised 02/01/13, signed and sealed.
• "Town Center Aventura ", Floor Plan, Sheet A -1, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Elevations, Sheet A -2, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Elevations, Sheet A -3, prepared by Kent D. Hamilton,
Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Gazebo Plan & Elevation, Sheet A -4, prepared by Kent D.
Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Trash Enclosure Detail, Sheet DP -1, prepared by Kent D.
Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
• "Town Center Aventura ", Site Lighting Plan, Sheet ESP -1, prepared by Kent D.
Hamilton, Architect, dated 12/13/12, signed and sealed 1/30/13.
2. Building permits for the proposed development shall be obtained within twelve (12)
months of the date of the Resolution or the approvals granted shall be deemed null and
void unless extended by a motion of the City Commission.
3. Prior to issuance of a building permit, the applicant shall record this resolution in the
Public Records of Miami -Dade County. All expenses of such recordation shall be borne
by the applicant.
4. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
lifestyle center improvements, the applicant shall either:
a. Provide to the City a recorded copy of a modification to the Reciprocal Easement
Agreement between the applicant and the Venture condominium approving the
Resolution No. 2013 -
Page 6
reconfiguration of the turning circle and access road as shown on the improvement
plans submitted with this Application 03- VAR -13; or
b. In the event that the applicant fails to obtain such modification of the Reciprocal
Easement Agreement, the applicant shall apply for revisions to the approved site plan
and variances in accordance with Section 31 -76(h) and Section 31 -790) of the Code, to
amend the approved plans to provide for strict compliance with the access road
configuration provided for in the effective Reciprocal Easement Agreement, and the
applicant shall relocate the access road configuration in accordance with such final
approvals.
5. No future expansion of floor area in the Lifestyle Center shall be permitted until all
parking areas have been brought into strict compliance with the City Code.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner 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 7
PASSED AND ADOPTED this 5t" day of March, 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 March, 2013.
CITY CLERK
Resolution No. 2013 -
Page 8
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
A portion of Tracts A & B, Regina Square Subdivision, according to the Plat thereof, as
recorded in Plat Book 113, at Page 27, of the Public Records of Miami- Dade County,
Florida, being more particularly described as follows:
Commence at the Northwest corner of said Tract A; thence South 84 °49'44" East, along
the north line of said Tract A; for 223.65 feet to the Point of Beginning of the hereinafter
described parcel of land; thence continue South 89 °49'44" East along the north line of
said Tract A for 53 feet; thence South 00 045'38" East for 198.74 feet; thence South
89 056'45" East for 283.39 feet; thence South 00 °03'15" West for 149.50 feet to a point
on the south line of said Tract A; thence South 89 056'45" East along the south line of
said Tract A also being the north line of said Tract B for 361.66 feet to the northeast
corner of said Tract B; thence South 00 038'10" East along the east line of said Tract B
for 496.76 feet; thence North 89 °56'45" West along the northerly boundary of The
Venture at Aventura, a Condominium for 616.05 feet; thence South 00 003'15" West
along the west line of said The Venture At Aventura, a Condominium for 443.27 feet;
thence North 89 056'45" West along the south line of said Tract B for 632.79 feet to a
point of curvature; the following three (3) courses being along the Easterly right of way
of Biscayne Boulevard, U.S. Highway No. 1 per O.R.B. 17360, Page 3655 of said Public
Records of Miami -Dade County, Florida. (1) thence Northwesterly and Northeasterly
along a 26.25 foot radius curve leading to the right through a central angle 98 046'49" for
an arc of 45.26 feet to a point of reverse curvature; (2) thence Northeasterly along a
4709.83 foot radius curve leading to the left through a central angle of 3 017'00" for an
arc of 269.90 feet to a point of compound curvature; (3) thence Northeasterly along a
5828.53 foot radius curve leading to the left through a central angle of 2 042'02" for an
arc of 274.72 feet; the following three courses being along the Southerly, Easterly and
Northerly boundary line of Jaffe Building, Inc. property as described in O.R.B. 19137 at
Page 2349 of the Public Records of Miami -Dade County, Florida. (1) thence South
89 056'45" East for 178.24 feet; (2) thence North 00 003'15" East for 228.32 feet; (3)
thence North 89 052'41" West for 171.56 feet to a point on a circular curve concave to
the West and whose radius bears North 89 023'49" West; the following two courses
being along said Easterly right of way line of Biscayne Blvd., U.S. Highway No. 1. (1)
thence Northeasterly along a 5828.53 foot radius curve leading to the left through a
central angle of 00 008'14" for an arc of 13.96 feet to a point of tangency; (2) thence
North 00 027'57" East for 47.78 feet; the following three courses being along the
Northerly and Westerly boundary of said Tract B; (1) thence South 89 052'41" East for
439.96 feet; (2) thence North 00 °45'38" West for 78.26 feet; (3) thence South 89 056'45"
East for 73.50 feet; thence North 00 045'38" West for 348.36 feet to the Point of
Beginning.
Resolution No. 2013-.
Page 9
LESS AND EXCEPT therefrom those lands conveyed to Miami -Dade County by
Warranty Deed recorded in Official Records Book 24625, Page 468 and Official
Records Book 25690, Page 3708, Public Records of Miami -Dade County, Florida and
being described as follows:
A portion of Tract B, Regina Square Subdivision, according to the Plat thereof as
recorded in Plat Book 113, Page 27 of the Public Records of Miami -Dade County,
Florida, lying in the SW Y4 of Section 3, Township 52 South, Range 42 East, City of
Aventura, Miami -Dade County, Florida and being more particularly described as follows:
Commence at the Northeast corner of Tract C of said Regina Square Subdivision
according to the Plat thereof as recorded in that Plat Book 113, Page 27 said corner
being a point on the West right of way line of N.E. 29th Avenue; thence N 00 °38'10" W
along said West right of way line and East line of said Tract B for 98.01 feet to the Point
of Beginning of hereinafter described parcel of land; thence continue N 00 °38'10" W
along said West right of way line and said East Tract line for 12.00 feet, the following
seven courses being perpendicular to or parallel with the preceded course: (1) thence
S89 °21'50 "W for 10.00 feet; (2) thence N00 °38'10 "W for 22.67 feet; (3) thence
S89 021'50 "W for 50.00 feet; (4) thence S00 038'10 "E for 55.00 feet; (5) thence
N89 °21'50 "E for 50.00 feet; (6) thence N00 °38'10 "W for 20.33 feet; (7) thence
N89 °21'50 "E for 10.00 feet to the point of beginning.
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City Manager
BY: Brian K. Raducci, Finance Director
DATE: February 25, 2013
SUBJECT: Mid -Year Ordinance Amending 2012/13 Budget
1St Reading March 5, 2013 City Commission Meeting Agenda Item
2 "d Reading April 2, 2013 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2012/13 budget. The total amount of each fund's budget amendment is outlined
below.
BACKGROUND
As you are aware, the City normally amends the budget to recognize actual fund
balance amounts carried over based on the prior year's audit. In addition, budget
amounts are amended to re- appropriate the balances in capital outlay projects which
were not 100% complete by the end of the prior fiscal year.
The need to re- appropriate unspent capital accounts and to recognize the actual fund
balances at September 30, 2012 to the 2012/13 budget was also discussed in my
memorandum dated February 25th which was distributed electronically to the
Commission along with the Comprehensive Annual Financial Report.
GENERAL FUND (001) REVENUES /EXPENDITURES — $2,983,514
To recognize additional Carryover to fund the items described below.
To re- appropriate $1,378,593 worth of capital outlay projects which were not
100% complete by the end of the prior fiscal year as follows:
a. computer equipment, $775,000
b. E911 equipment, $55,000
c. Police Department Radio System $442,000 (this is the first component of
the Radio System project which was presented at the February 21st Commission workshop)
d. street lighting improvements $106,593)
2. To appropriate $60,000 for upgrades made at ACES (this project which was presented at
the Januaryl7th Commission workshop)
3. To appropriate $1,560,000 from that portion of the Fund Balance which was
previously Assigned to Public Safety /Police Communication Radio System
Upgrade (this is the second component of the Radio System project which was presented at the
February 21st Commission workshop)
4. To decrease Non Departmental/Transfers by $15,079 in order to recognize
actual fund balances as explained under the two - related debt service funds,
(found at the end of this memorandum), based on the prior year's audit.
POLICE EDUCATION FUND (110) REVENUES /EXPENDITURES — $11,850
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit.
STREET MAINTENANCE FUND (120) REVENUES /EXPENDITURES — $745,915
To recognize additional Carryover to fund the two (2) items described below.
To re- appropriate $76,308 worth of Street Lighting Improvements (e.g., Biscayne
Lighting Project) which was not 100% complete by the end of the prior fiscal year.
2. To increase the Capital Reserve by $669,607 in order to recognize and re-
appropriate the remaining funds of the fund balance amount carried over based
on the prior year's audit.
POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) REVENUES /EXPENDITURES
—$5,513
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit.
PARK DEVELOPMENT FUND (170) REVENUES /EXPENDITURES — $8
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit.
911 FUND (180) REVENUES /EXPENDITURES — $29,658
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit.
2
DEBT SERVICE FUND SERIES 2010 & 2011 (230) REVENUES — $0
(Revenue Reclassification of $11,589 — Net effect is $0)
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit and to reduce the transfer from the General Fund, respectively by
$11,589 for a net effect of $0.
DEBT SERVICE FUND SERIES 2012, Charter School Land (250) REVENUES — $0
(Revenue Reclassification of $3,490 — Net effect is $0)
To recognize and re- appropriate the actual fund balance amount carried over based on
the prior year's audit and to reduce the transfer from the General Fund, respectively by
$3,490 for a net effect of $0.
COMMITTED FUND BALANCE — $5,000,000
HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES -
In addition the City Commission had previously committed $5,000,000 for
hurricane /emergency and disaster recovery operating reserves through Resolution
2011 -43. At the recommendation of our City Auditors, we will re- commit these same
funds as part of this ordinance as this is the City's highest level decision making
authority. This action will have no impact on our operating /capital budget as these
funds had been previously been earmarked for this purpose. This is merely a more
formal action of what has already been decided by our City Commission on July 12,
2011.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR /bkr
3
ORDINANCE NO. 2013 -03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2012/2013 FISCAL YEAR BY REVISING THE
2012/2013 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; ESTABLISHING THE COMMITTED FUND
BALANCE FOR HURRICANE /EMERGENCY AND
DISASTER RECOVERY OPERATING RESERVES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Director as to Accounting Principles), it is deemed necessary to adjust,
amend and implement the 2012/2013 Operating and Capital Budget as set forth in
Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2012 -13, which Ordinance adopted a budget for the 2012/2013 fiscal
year, by revising the 2012/2013 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2013 -
Page 2
Section 3. The Committed Fund Balance to be utilized for
Hurricane /Emergency and Disaster Recovery Operating Reserves is $5 million.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2012.
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on first reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner 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 3
PASSED AND ADOPTED on first reading this 5th day of March, 2013.
PASSED AND ADOPTED on second reading this 2 "d day of April, 2013.
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
SUSAN GOTTLIEB, MAYOR
Exhibit A
FY 2012/13 Budget Amendments
GENERAL FUND (001)
Expenditures
Capital Outlay /Information Technology (8012 -513)
6401 Computer Equipment >$5,000 $ 177,634 $ 207,000 $ 384,634
SUBTOTAL $ 177,634 $ 207,000 $ 384,634
Capital Outlay /Public Safety (8020 -521)
2012113
2012113
2012113
OBJECT
ADOPTED
AMENDED
REVISED
CODE CATEGORY
BUDGET
AMOUNT
BUDGET
Revenues
147,000
55,000
202,000
Non - Revenue
10,000
2,002,000
2,012,000
3999000 Carryover
$ 18,960,924
$ 2,983,514
$ 21,944,438
SUBTOTAL
$ 18,960,924
$ 2,983,514
$ 21,944,438
Total Amendments - Revenues
$ 2,983,514
Expenditures
Capital Outlay /Information Technology (8012 -513)
6401 Computer Equipment >$5,000 $ 177,634 $ 207,000 $ 384,634
SUBTOTAL $ 177,634 $ 207,000 $ 384,634
Capital Outlay /Public Safety (8020 -521)
6401 Computer Equipment >$5,000 $
- $
340,000 $
340,000
6402 Computer Equipment <$5,000
123,428
203,000
326,428
6405 E911 Equipment
147,000
55,000
202,000
6407 Radio Repurchase & Replace.
10,000
2,002,000
2,012,000
SUBTOTAL $
280,428 $
2,600,000 $
2,880,428
Capital Outlay /Community Services (8050- 539/541)
6402 Computer Equipment <$5,000 $ 10,000 $ 25,000 $ 35,000
6307 Street Lighting Improv. 408,692 106,593 515,285
SUBTOTAL $ 418,692 $ 131,593 $ 550,285
Charter School -(8069 -569)
6307 Charter School Constr. $ - $ 60,000 $ 60,000
SUBTOTAL $ - $ 60,000 $ 60,000
Non Departmental /Transfers (9001 -581)
9123 Transfer to 1999 Debt Service Fund (230) $ 1,210,019 $ (11,589) $ 1,198,430
9125 Transfer to 2012 Debt Service Fund (250) 403,132 (3,490) 399,642
SUBTOTAL $ 1,613,151 $ (15,079) $ 1,598,072
Total Amendments - Expenditures $ 2,983,514
Page 1 of 4
Exhibit A
POLICE EDUCATION FUND (110)
2012113 2012113 2012/13
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non - Revenue
3999000 Carryover $ - $ 11,850 $ 11,850
SUBTOTAL $ - $ 11,850 $ 11,850
Total Amendments - Revenues $ 11,850
Expenditures
Public Safety (2001 -521)
5450 Training $ 7,000 $ 11,850 $ 18,850
SUBTOTAL $ 7,000 $ 11,850 $ 18,850
Total Amendments - Expenditures $ 11,850
TRANSPORTATION AND STREET MAINTENANCE FUND (120)
Expenditures
Community Services (5001 -541)
6307 Street Lighting Improv. $ 106,248 $ 76,308 $ 182,556
6999 Capital Reserve 69,900 669,607 739,507
SUBTOTAL $ 176,148 $ 745,915 $ 922,063
Total Amendments - Expenditures $ 745,915
POLICE CAPITAL OUTLAY IMPACT FEE FUND (140)
2012113 2012113 2012113
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non - Revenue
3999000 Carryover $ - $ 5,513 $ 5,513
SUBTOTAL $ - $ 5,513 $ 5,513
Total Amendments - Revenues $ 5,513
Expenditures
Non Departmental (2001 -521)
6999 Capital Reserve $ - $ 5,513 $ 5,513
SUBTOTAL $ - $ 5,513 $ 5,513
Total Amendments - Expenditures $ 5,513
Page 2 of 4
2012113
2012113
2012113
OBJECT
ADOPTED
AMENDED
REVISED
CODE CATEGORY
BUDGET
AMOUNT
BUDGET
Revenues
Non - Revenue
3999000 Carryover
$ 65,398
$ 745,915
$ 811,313
SUBTOTAL
$ 65,398
$ 745,915
$ 811,313
Total Amendments - Revenues
$ 745,915
Expenditures
Community Services (5001 -541)
6307 Street Lighting Improv. $ 106,248 $ 76,308 $ 182,556
6999 Capital Reserve 69,900 669,607 739,507
SUBTOTAL $ 176,148 $ 745,915 $ 922,063
Total Amendments - Expenditures $ 745,915
POLICE CAPITAL OUTLAY IMPACT FEE FUND (140)
2012113 2012113 2012113
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non - Revenue
3999000 Carryover $ - $ 5,513 $ 5,513
SUBTOTAL $ - $ 5,513 $ 5,513
Total Amendments - Revenues $ 5,513
Expenditures
Non Departmental (2001 -521)
6999 Capital Reserve $ - $ 5,513 $ 5,513
SUBTOTAL $ - $ 5,513 $ 5,513
Total Amendments - Expenditures $ 5,513
Page 2 of 4
Exhibit A
PARK DEVELOPMENT FUND (170)
2012113 2012113 2012/13
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non - Revenue
3999000 Carryover $ 2,256 $ 8 $ 2,264
SUBTOTAL $ 2,256 $ 8 $ 2,264
Total Amendments - Revenues $ 8
Expenditures
Non Departmental /Transfers (5001 -572)
6999 Capital Reserve $ 2,256 $ 8 $ 2,264
SUBTOTAL $ 2,256 $ 8 $ 2,264
Total Amendments - Expenditures $ 8
911 FUND (180)
2012113 2012113 2012113
OBJECT ADOPTED AMENDED REVISED
CODE CATEGORY BUDGET AMOUNT BUDGET
Revenues
Non - Revenue
3999000 Carryover $ - $ 29,658 $ 29,658
SUBTOTAL $ - $ 29,658 $ 29,658
Total Amendments - Revenues $ 29,658
Expenditures
Public Safety (2001 -521)
6999 Capital Reserve $ - $ 29,658 $ 29,658
SUBTOTAL $ - $ 29,658 $ 29,658
Total Amendments - Expenditures $ 29,658
Page 3 of 4
Exhibit A
DEBT SERVICE FUND
SERIES 2010 & 2011 (230)
DEBT SERVICE FUND
SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250)
2012/13
2012113
2012113
OBJECT
ADOPTED
AMENDED
REVISED
CODE CATEGORY
BUDGET
AMOUNT
BUDGET
Revenues
Non - Revenue
3811001 Transfer from General Fund
$ 1,210,019
$ (11,589)
$ 1,198,430
3999000 Carryover
-
11,589
11,589
SUBTOTAL
$ 1,210,019
$ -
$ 1,210,019
Total Amendments - Revenues
$ -
DEBT SERVICE FUND
SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250)
Page 4 of 4
2012113
2012113
2012/13
OBJECT
ADOPTED
AMENDED
REVISED
CODE CATEGORY
BUDGET
AMOUNT
BUDGET
Revenues
Non - Revenue
3811001 Transfer from General Fund
$ 403,132
$ (3,490)
$ 399,642
3999000 Carryover
-
3,490
3,490
SUBTOTAL
$ 403,132
$ -
$ 403,132
Total Amendments - Revenues
$ -
Page 4 of 4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission 1-**7
FROM: Eric M. Soroka, ICMA -CM, City 'nag r
DATE: February 26, 2013
SUBJECT: Ordinance Approving Sale and Purchase Agreement Between City
And Presidential Aventura Properties, LLC (Mark Gordon) for City
Owned Property
1st Reading March 5, 2013 City Commission Meeting Agenda Item qR
2 "d Reading April 2, 2013 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance authorizing
the execution of the Sale and Purchase Agreement between City (Seller) and
Presidential Aventura Properties, LLC (Mark Gordon) (Purchaser) for the purchase of
the City owned 16,490 square feet lot located on Biscayne Boulevard and N.E. 213th
Street.
BACKROUND
As reviewed at the January 2013 Workshop Meeting, the Administration was authorized
to negotiate a Sale and Purchase Agreement for the City owned property located at
Biscayne Boulevard and N.E. 213th Street previously declared surplus by the City.
The following is an outline of the major items and conditions contained in the
Agreement:
1. Purchase price is $1,100,000.
2. The Purchaser will, at its cost, install, construct and maintain the access road in
accordance with Exhibit "C" on City right -of -way. The road improvement will be
dedicated to the City at no cost. The access road was designed by the City
Engineer and Traffic Engineer to align correctly with the Biscayne Boulevard and
N.E. 213th Street intersection. Any modifications to the plan outlined in Exhibit
"C" require FDOT, County and City approval. The improvements shall be
Memo to City Commission
Page 2
complete prior to the issuance of a Certificate of Occupancy for the Office
Building to be built on the property.
3. The Purchaser plans to construct an office building at a maximum of 12,000
square feet and four stories.
4. The closing is subject to the Purchaser obtaining final site plan approval from the
City including any parking or setback variances.
5. The closing is anticipated to occur in ninety days of this Agreement approval.
It is recommended that the proceeds from the sale be deposited in City funds as
follows:
$1,000,000 to the Park Development Fund and future park improvements.
$100,000 to the Charter School Fund for future equipment needs.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1795 -13
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA APPROVING THE SALE AND PURCHASE
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
PRESIDENTIAL AVENTURA PROPERTIES, LLC FOR
THE SALE OF CITY REAL PROPERTY; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SALE AND
PURCHASE AGREEMENT AND TO EXECUTE ANY
DOCUMENTS NECESSARY TO EFFECTUATE THE SALE
AND CLOSING OF THE CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF
TRANSACTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission desires to sell and convey a parcel of City owned land
consisting of approximately 16,490 square feet and located westerly of the intersection of N.E.
213th Street And Biscayne Boulevard (the "City Parcel "), which has been found to be surplus and
not needed for City purposes, subject to the terms and conditions of the Sale and Purchase
Agreement between the City of Aventura and Presidential Aventura Properties, LLC, a Florida
limited liability company (the "Agreement ") attached hereto as Exhibit "A "; and
WHEREAS, the City Commission finds that the approval of the Agreement is in the best
interest of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Sale and Purchase Agreement Approved; Transaction Authorized.
That pursuant to City Charter Section 4.03(7), the Agreement attached hereto as Exhibit
"A" is hereby approved, and the sale and conveyance of the City Parcel is hereby authorized.
A. That the City Manager is authorized to execute the Agreement, in substantially
the form which is attached hereto, the City's deed or instrument of conveyance,
the closing papers, and all other necessary documents to effectuate the sale and
closing of the City Parcel, including, but not limited to, an instrument to provide
for the public right -of -way dedication of the adjacent parcel which is described in
the Agreement, once approved by the City Attorney as to form and legal
sufficiency.
B. That the City Manager and City Attorney are hereby authorized to take any action
which is necessary to implement the sale and closing of the transaction and to
enforce the Agreement and all matters related thereto.
Section 3. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading, and shall supersede Ordinance No. 2008 -04 concerning the City
Parcel.
The forgoing Ordinance was offered by
adoption on first reading. This motion was seconded by
being put to a vote, the vote was as follows:
its
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
who moved its
and upon
The foregoing Ordinance was offered by who moved
adoption on second reading. This 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
PASSED AND ADOPTED on first reading this Stn day of March, 2013.
PASSED AND ADOPTED on second reading this 2nd day of April, 2013.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
SALE AND PURCHASE AGREEMENT
THIS SALE AND PURCHASE AGREEMENT (this "Agreement ") is made and
entered into as of the day of , 2013, by and between the CITY OF
AVENTURA, a Florida municipal corporation, (the "Seller ") and PRESIDENTIAL
AVENTURA PROPERTIES, LLC, a Florida Limited Liability Company (the "Purchaser ").
RECITALS
1. Seller is the owner of certain real property containing approximately 16,490
square feet located in the City of Aventura, Miami -Dade County, Florida, as legally described
and depicted on Exhibit "A" attached hereto and made a part hereof (hereinafter the "Property"
as defined in Section 1.14 herein below).
2. Seller is also the owner of the adjacent parcel of real property to the north of the
Property containing approximately 9,145 square feet located in the City of Aventura, Miami -
Dade County Florida, as legally described and depicted on Exhibit `B" attached hereto and made
a part hereof (hereinafter the "Access Parcel" as defined in Section 1.1 herein below).
3. Purchaser desires to purchase, and Seller desires to sell the Property, upon the
terms and conditions hereinafter set forth. Purchaser's development and use of the Property
requires Site Plan Approval in order to permit development of the Property as office use.
4. In connection with Purchaser's purchase and use of the Property, Seller will
concurrently with the Closing of the Property and subject to the terms and conditions herein set
forth, dedicate the Access Parcel as public right -of -way in order to provide the Property with
access and ingress and egress to and from Biscayne Boulevard and for the future westerly
expansion of N.E. 213 Street.
5. As a condition of development of the Property and Site Plan approval, Purchaser
will, at its sole cost and expense, install, construct and maintain on the Access Parcel an access
road and/or driveway and connections in accordance with the sketch attached hereto and made a
part hereof as Exhibit "C" (hereinafter the "Access Road Improvements" as defined in Section
1.2 herein below), and shall obtain, at its sole cost and expense, all required permits and
approvals for such Access Road Improvements from the Florida Department of Transportation
( "FDOT ") and Miami -Dade County, Florida, with all final plans for the access road to be
approved by Seller. Any changes or modifications to Exhibit "C" attached hereto shall require
the prior approval of FDOT, Miami -Dade County and Seller.
6. Purchaser will convey and /or dedicate the Access Road Improvements on the
Access Parcel to Seller as public right -of -way improvements. Purchaser shall, at its sole cost and
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expense, maintain the Access Road Improvements until such time as the future westerly
extension of N.E. 213 Street is constructed.
7. Purchaser shall, at its sole cost and expense, obtain all required permits and
approvals from FDOT and Miami -Dade County, Florida for the installation and construction of
the Access Road Improvements and driveway and connections on the Access Parcel, and for the
installation of a new mast arm at the easterly limit of N.E. 213 Street/Biscayne Boulevard
intersection, as shown on the sketch attached hereto as Exhibit "C ", including all required or
necessary signalization and other improvements or facilities as may be required by FDOT or
Miami -Dade County, Florida for the efficient and proper functionality of the intersection.
8. Seller intends at a future date to construct or have constructed a westerly
extension to N.E. 213 Street, which extension will provide access to the Property. Upon the
construction of the westerly extension of N.E. 213 Street providing access to and from the
Property, the ingress and egress from N.E. 213 Street shall be limited to right -in and right -out
only.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein and of other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Purchaser and Seller agree as follows:
SECTION 1. DEFINITIONS. For purposes of this Agreement, each of the following
terms, when used herein with an initial capital letter, shall have the following meaning:
1.1 Access Parcel. The real property consisting of approximately 9,145 square feet
adjacent to and north of the Property as more particularly described on Exhibit `B" attached
hereto and incorporated herein by reference, to be dedicated by Seller as public right -of -way
concurrently with the Closing of the Property and in accordance with the terms and conditions
set forth in this Agreement, in order to provide access and ingress and egress to and from the
Property and Biscayne Boulevard.
1.2 Access Parcel Improvements. The improvements and facilities required to be
installed, constructed and maintained by Purchaser on the Access Parcel, at its sole cost and
expense, for the purpose of providing access and ingress and egress to and from the Property to
Biscayne Boulevard, including an access road, driveways(s) and driveway connections to
Biscayne Boulevard, in accordance with the sketch attached hereto and made a part hereof as
Exhibit "C ". The Access Road Improvements shall also include, at the sole cost and expense of
the Purchaser, the installation and construction of a new mast arm at the easterly limit of the N.E.
213 Street and Biscayne Boulevard intersection, and all required or necessary signalization and
other improvements or facilities as may be required by FDOT and Miami -Dade County, Florida
for the efficient and proper functionality of the intersection.
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1.3 Business Day. Monday through Friday excluding bank holidays on which
national banking associations are authorized to be closed.
1.4 Closing. The Closing and consummation of the purchase and sale of the Property
as contemplated by this Agreement.
1.5 Closing Date (or Date of Closing). The date upon which Closing occurs.
1.6 Condemnation Proceeding. Any proceeding or threatened proceeding in
condemnation, eminent domain or written request in lieu thereof.
1.7 Deed. The special warranty deed of conveyance of the Property from Seller to
Purchaser.
1.8 Earnest Money. The funds to be paid by Purchaser to Escrow Agent pursuant to
Section 3 hereof, plus any interest earned thereon.
1.9 Effective Date. The date when the last one of Seller or Purchaser has signed and
initialed all changes to this Agreement. The parties acknowledge that Seller's execution of this
Agreement shall occur immediately subsequent to approval of this Agreement by the City
Commission.
1.10 Escrow Agent. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
1.11 Owner's Title Policy. An Owner's marketability policy of title insurance on the
most current ALTA Form for the Property in the amount of the Purchase Price, and containing
such additional endorsements permitted under Florida title insurance regulations as reasonably
requested by Purchaser.
1.12 Permits. All consents, notices of completion, environmental and utility permits
and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals
from any governmental authority or quasi - governmental authority issued or granted with respect
to the Property and the Access Parcel now or prior to Closing.
1.13 Person. Any individual, sole proprietorship, partnership, joint venture, trust,
unincorporated organization, association, corporation, institution, entity, party or government
(whether national, federal, state, county, city, municipal or otherwise, including, without
limitation, any instrumentality, division, agency, body or department thereof).
1.14 Property. The real property more particularly described on Exhibit "A" attached
hereto and incorporated herein by reference consisting or approximately 16,490 square feet and
appurtenant easements thereto, together with all of Seller's right, title and interest in and to all
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easements, rights of way, strips and gores of land, tenements, hereditaments and appurtenances,
reversions, remainders, privileges, licenses and other rights and benefits belonging to, running
with or in any way relating thereto; together with all right, title and interest of Seller (if any) in
and to any land lying in the bed of any street, road or highway, open or proposed, in front of,
abutting or adjoining the Property.
1.15. Purchaser. Presidential Aventura Properties, LLC, a Florida limited liability
company, Attention Mark Gordon, Manager. Purchaser's mailing address is 2875 Northeast
191St Street, Suite 400, Aventura, Florida 33180. Telephone: (305) ; Telecopier:
(305)
1.16 Purchaser's Attorney. Fromberg, Perlow & Komik, P.A. Attention: Gary Ian
Nesbitt, Esq. Purchaser's Attorney's mailing address is 18901 Northeast 29th Avenue, Suite 100,
Aventura, Florida 331801. Telephone: (305) 933 -2000; Telecopier: (305) 936 -0101.
1.17 Seller. City of Aventura, Attention: City Manager. Seller's mailing address is
19200 West Country Club Drive, Aventura, Florida 33180. Telephone: (305) 466 -8910;
Telecopier: (305) 466 -8919.
1.18 Seller's Attorney. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Attention: Lillian M. Arango, Esq. Seller's Attorney's mailing address is 2525 Ponce de Leon
Boulevard, Suite 700, Coral Gables, Florida 33134. Telephone: (305) 854 -0800; Telecopier:
(305) 854 -2323.
1.19 Seller- Caused Monetary Lien. Any lien, monetary judgment, past due tax or
assessment or other similar encumbrance of a monetary nature against the Property or any portion
of the Property evidencing a monetary obligation created by or through Seller.
1.20 Survey. A survey of the Property prepared by a licensed surveyor in the State of
Florida, certified as meeting the minimum standards for survey in the State of Florida. The
Survey shall (i) show the square footage and acreage of the Property, (ii) show the location of any
utility and other lines and easements, either visible or recorded, and the recording references of
all the recorded easements shown on the Title Commitment, (iii) show the elevation and flood
zone information, and (iv) contain such other items as may be reasonably required by Purchaser.
1.21. Termination Date. The date which is forty five (45) days after the Effective
Date.
1.22 Title Commitment. The commitment for title insurance to be obtained by
Purchaser pursuant to Section 5 below.
1.23 Title Company. A title insurance company licensed to write title insurance in
the State of Florida which is selected by Purchaser.
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SECTION 2. PURCHASE AND SALE. Purchaser shall purchase the Property from
Seller, and Seller shall sell, convey, transfer and assign the Property to Purchaser, subject to an d
in accordance with the terms and conditions of this Agreement.
SECTION 3. EARNEST MONEY. Upon the Effective Date, Purchaser shall deposit
in escrow with the Escrow Agent the sum of One Hundred Thousand and 00 /100 Dollars
($100,000.00) as Earnest Money, to be delivered to Seller at Closing and applied as a credit
against the Purchase Price (as defined below) at Closing. Escrow Agent shall hold and disburse
the Earnest Money in accordance with the terms of this Agreement. Any interest earned on the
Earnest Money shall accrue to the benefit of Purchaser, unless the Earnest Money is delivered to
the Seller as liquidated damages pursuant to Section 16 herein below, in which event such
interest shall accrue to the benefit of Seller and be delivered to Seller as part of the Earnest
Money. Purchaser and Seller agree to sign all forms and reports reasonably required in
connection with the holding and investing by Escrow Agent of the Earnest Money. For purposes
of reporting any earned interest with respect to the Earnest Money, Purchaser and Seller shall
provide Escrow Agent with their respective Federal Tax Identification numbers.
SECTION 4. PURCHASE PRICE. The purchase price for the Property is One
Million One Hundred Thousand and 00 /100 Dollars ($1,100,000.00) (the "Purchase Price "). The
entire Purchase Price, less the amount of the Earnest Money and subject to adjustments and
prorations as herein provided, shall be due and payable by wire transfer, in immediately available
funds at Closing.
SECTION 5. TITLE: SURVEY. Title to the Property shall be good and marketable
and insurable fee simple title in the amount of the Purchase Price. Seller shall deliver such
affidavits and agreements as may be reasonably required by the Title Company in order to issue
the Owner's Title Policy in accordance with this Agreement.
5.1 Examination of Title. Purchaser may obtain, at Purchaser's expense, an ALTA
title insurance commitment (the "Title Commitment ") issued by the Title Company covering the
Property pursuant to which the Title Company agrees to issue the Owner's Title Policy to
Purchaser. The cost of the Title Commitment (including all title search, examination and
document preparation fees) and the Owner's Title Policy (and any simultaneous issue to a
mortgagee and all endorsements) shall be paid by Purchaser.
5.2 Survey. At Purchaser's option, Purchaser may obtain the Survey. The cost of the
Survey shall be paid by Purchaser.
5.3 Permitted Exceptions. The sale of the Property shall be subject to the following:
5.3.1 The lien of all ad valorem real estate taxes and assessments for the
tax year in which Closing occurs, subject to proration as herein
provided, and subsequent years;
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5.3.2 All laws, ordinances, and governmental regulations, including but
not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations; and
5.3.3 Any items shown on the Title Commitment to which Purchaser
does not object and those title objections waived by Purchaser in
accordance with Section 5.4 below.
5.3.4 All matters shown on the Survey, including all existing easements
and facilities located on the Property as of the Effective Date of
this Agreement.
The above items described in this Section 5.3 are herein collectively referred to as the
"Permitted Exceptions."
5.4 Obiections to Title and Survey. Purchaser shall be entitled to object to any
exceptions to title disclosed in the Title Commitment and /or matters shown on the Survey that
render title unmarketable within thirty (30) days of the Effective Date, by written notice to Seller.
In the event that Purchaser shall so object to the Title Commitment and /or the Survey, Seller
shall have thirty (30) days after receipt of such notice to attempt to cure Purchaser's objections or
advise Purchaser it is unwilling to do so. In the event Seller is unwilling or unable to so cure
such objections, Purchaser may (i) waive such objections, or (ii) terminate this Agreement by
written notice to Seller, in which event the Earnest Money shall be immediately returned to
Purchaser and neither Purchaser nor Seller shall have any further obligations hereunder, except
obligations that expressly survive the termination of this Agreement.
5.5 Cure of Seller- Caused Monetary Liens. Notwithstanding Section 5.4 above, if
the Title Commitment reveals the existence of a Seller- Caused Monetary Lien, then Seller shall
pay any amount due in satisfaction of each such Seller - Caused Monetary Lien as to the Property
only (or, subject to Purchaser's reasonable approval, otherwise cause the same to be removed as
an exception in the Title Commitment) which amount, at the option of Seller, may be paid from
the proceeds of the Purchase Price at Closing. Notwithstanding the foregoing, if the amount of
the Seller Caused Monetary Lien, either individually or in the aggregate, exceeds Twenty Five
Thousand and 00 /100 Dollars ($25,000.00) (the "Cure Limit"), Seller shall have the right, in
Seller's sole discretion, within fifteen (15) days after receipt of Purchaser's title objection notice
as set forth in Section 5.4 to advise Purchaser as to whether it will pay the amount in excess of
the Cure Limit necessary to satisfy the Seller- Caused Monetary Lien. If Seller elects not to pay
the amount in excess of the Cure Limit, Purchaser shall have the options (on the same terms and
conditions) as set forth in Section 5.4 (i) and (ii) above.
5.6 Purchaser's Right to Terminate. If any title matter other than a matter disclosed
in the Title Commitment or the Survey arises or becomes known to Purchaser subsequent to the
date of the Title Commitment (a "New Title Matter ") and such New Title Matter (a) is a Seller -
Caused Monetary Lien, or (b) was created or consented to by Seller, then Seller shall cure the
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New Title Matter up to the Cure Limit, at Seller's expense, on or before Closing. If the New
Title Matter is not a Seller- Caused Monetary Lien or was not created or consented to by Seller,
then Seller shall have until the earlier of (i) five (5) Business Days of Seller's receipt of written
notice thereof or (ii) the Closing Date, within which to cure the same, and if such New Title
Matter is not cured within such period, then Purchaser may, at its sole option, exercised by
written notice to Seller within five (5) Business Days following the expiration of the five (5)
Business Day cure period, either (i) terminate this Agreement and receive a refund of the Earnest
Money or (ii) elect to close subject to such New Title Matter. In the event of termination, neither
party hereto shall have any further rights, obligations or liabilities hereunder except to the extent
that any right, obligation or liability set forth herein expressly survives termination of this
Agreement.
SECTION 6. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller
represents and warrants to Purchaser and covenants and agrees with Purchaser, on and as of the
date hereof, to be certified to Purchaser on or as of the Closing, as follows:
6.1 Power and Authority. Seller has all necessary power to execute and deliver this
Agreement and perform all its obligations hereunder. The execution, delivery and performance
of this Agreement by Seller (i) has been duly and validly authorized by all necessary action on
the part of Seller, and (ii) does not conflict with or constitute a breach of, or constitute a default
under, any contract, agreement or other instrument by which Seller or the Property is bound or to
which Seller is a party.
6.2 Parties in Possession. Other than Seller, there are no parties in possession of any
portion of the Property as lessees or tenants.
6.3 AS -IS. PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER
HAS MADE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUANTITY,
QUALITY OR CONDITION OF THE PROPERTY, THE SUITABILITY OF THE
ZONING THEREOF, OR THE AVAILABILITY OF PERMITS RELATING
THERETO, AND THAT PURCHASER IS NOT RELYING UPON ANY ORAL OR
WRITTEN REPRESENTATION OR INDUCEMENT THAT MAY HAVE BEEN MADE
BY SELLER OR SELLER'S REPRESENTATIVES, AGENTS OR EMPLOYEES WITH
RESPECT TO THE QUANTITY, QUALITY OR WITH RESPECT TO THE PRESENT
OR FUTURE CONDITION, ENVIRONMENTAL OR OTHERWISE, ZONING OR
PERMITTING OF SAID PROPERTY. PURCHASER ACKNOWLEDGES AND
AGREES THAT THE CONVEYANCE OF THE PROPERTY IS "AS IS" WITHOUT
ANY WARRANTY OR REPRESENTATION FOR ANY OTHER PURPOSE, EXPRESS
OR IMPLIED.
6.4 Survival. Except for Section 6.3, the foregoing representations and warranties of
Seller in this Section 6 shall not survive the Closing or termination of this Agreement.
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SECTION 7. PURCHASER'S REPRESENTATIONS AND WARRANTIES.
Purchaser represents and warrants to Seller that the following facts and conditions exist and are
true as of the date hereof and shall exist and be true as of the date of the Closing.
7.1 Organization; Power; and Authority. Purchaser is validly formed limited
liability company in good standing organized and existing under the laws of the State of
Delaware and has all requisite power and authority to purchase the Property and to enter into and
perform its obligations hereunder. The execution, delivery and performance of this Agreement
by Purchaser (i) has been duly and validly authorized by all necessary action on the part of
Purchaser, and (ii) does not conflict with or constitute a breach of, or constitute a default under,
any contract, agreement or other instrument by which Purchaser is bound or to which Purchaser
is a party.
SECTION 8. SELLER'S COVENANTS. From and after the date hereof, through and
including the Closing Date, Seller agrees as follows:
8.1 Maintenance Prior to Closing. Between the date of this Agreement and the
Closing Date, Seller shall maintain the Property, committing or permitting no waste thereto, such
that at the time of the Closing, the Property shall be in substantially the same physical condition
as on the date of Seller's execution of this Agreement
8.2 Notices. Seller shall, promptly upon Seller's obtaining knowledge thereof,
provide Purchaser with a written notice of any event which has a material adverse effect on the
physical condition of the Property.
8.3 Notices of Violation. Promptly after Seller obtains actual knowledge or upon
receipt of written notice thereof, Seller has provided or shall provide Purchaser with written
notice of any violation of any legal requirements affecting the Property, any service of process
relating to the Property or which affects Seller's ability to perform its obligations under this
Agreement.
SECTION 9. PURCHASER'S DUE DILIGENCE AND INSPECTION OF
PROPERTY
9.1 Inspection of Property; Access. Purchaser shall have forty five (45) days from
the Effective Date to conduct any and all inspections which Purchaser desires to conduct, in order
to determine the feasibility of the Property for Purchaser's intended purpose (the "Inspection
Period "). Purchaser or its appointed agents or independent contractors shall have, at all
reasonable times during the Inspection Period, the privilege of going upon the Property, at
Purchaser's sole cost and expense, to inspect, examine, test, investigate, appraise and survey the
Property, including, without limitation, soils and environmental tests and inspections. In
exercising the privileges granted pursuant to this subsection 9. 1, Purchaser shall substantially
restore the Property to the condition existing prior to such activities on the Property. Purchaser
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agrees to indemnify, defend and hold Seller harmless from any actions, suits, liens, claims,
damages, expenses, losses and liability for damage of any kind arising from or attributable to any
acts performed by Purchaser or its appointed agents or independent contractors in exercising
Purchaser's inspection rights under this subsection 9. 1, including reasonable attorneys' fees and
costs. Purchaser hereby further agrees to defend, indemnify and hold Seller harmless from and
against all liens on the Property filed by contractors, materialmen or laborers performing work
and tests for Purchaser including reasonable attorney's fees and costs. The foregoing indemnities
shall survive the Closing and any termination of this Agreement. In conducting any inspections,
investigations or tests of the Property, Purchaser and its agents and representatives shall: (i) not
interfere with the operation and maintenance of the Property; (ii) not damage any part of the
Property or any personal property owned or held by any party; (iii) not injure or otherwise cause
bodily harm to Seller, or its respective agents, guests, invitees, contractors and employees or their
guests or invitees; (iv) comply with all applicable laws; (v) promptly pay when due the costs of
all tests, investigations, and examinations done with regard to the Property; (vi) not permit any
liens to attach to the Property by reason of the exercise of its rights hereunder; (vii) repair any
damage to the Property resulting directly or indirectly from any such inspection or tests; and
(vii) not reveal or disclose prior to Closing any information obtained concerning the Property
except as may be otherwise required by applicable law. In the event that the Purchaser elects not
to proceed with this transaction, the Purchaser shall restore the Property to its condition existing
prior to Purchaser's inspections within five (5) days of canceling this transaction, and
additionally Purchaser shall furnish Seller with copies of any inspection reports that it may have
obtained during the Inspection Period, if any. The obligations of Purchaser in the preceding
sentence shall survive the termination of this Agreement.
9.2 Termination Right. If Purchaser is dissatisfied, for any reason and in
Purchaser's exclusive judgment, with the results of Purchaser's investigation and study of the
Property on or before 5:00 p.m. on the Termination Date, then Purchaser may terminate this
Agreement by notifying Seller and Seller's Attorney of such termination on or before 5:00 p.m.
on the Termination Date, whereupon the Earnest Money shall be refunded to Purchaser by the
Escrow Agent and thereafter neither party hereto shall have any further rights, obligations, or
liabilities hereunder except to the extent that any right, obligation or liability set forth herein
expressly survives termination of this Agreement. If Purchaser fails to timely notify Seller of
such termination on or before 5:00 p.m. on the Termination Date, then Purchaser shall be deemed
to have waived its right to terminate this Agreement pursuant to this subsection 9.2. and shall be
deemed to have elected to accept the Property in its present AS -IS condition.
SECTION 10. CLOSING.
Subject to satisfaction of all conditions to Closing, the Closing shall be held during
regular business hours on the date which is on or before fifteen days (15) days after Final
Approval of the Site Plan Approval, as set forth in section 10.3.3. The Closing shall be held at
the offices Seller or Seller's Attorney, at a time mutually acceptable to both parties. If no such
selection is timely made, the Closing shall be held at 10:30 a.m. local time on the Closing Date
or at such other time or such other place as may be mutually agreed in writing by the parties
hereto.
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10.1 Delivery: Possession. At Closing, Seller shall deliver to Purchaser the items
required of Seller under this Agreement, and Purchaser shall deliver to Seller the balance of the
Purchase Price (after crediting the Earnest Money and making other adjustments and prorations
as provided herein) and the other items required of Purchaser under this Agreement. Seller shall
deliver possession of the Property to Purchaser at the time of Closing. Risk of loss shall remain
with Seller until Closing.
10.2 Closing Costs.
10.2.1 Seller's Costs. Seller shall pay (i) the fees and expenses of
Seller's attorneys, and (ii) the cost of recording any corrective
instruments.
10.2.2 Purchaser's Costs. Purchaser shall pay (i) any costs incurred by
Purchaser in preparing and performing its due diligence
investigations, (ii) the cost of the Title Commitment (including title
search, examination and document preparation fees and other costs
required by the Title. Company), (iii) the premium for the Owner's
Title Policy (including any simultaneous issue to a mortgagee and
all endorsements), (iv) the cost of recording the Deed, (v) the cost
of the Survey, (vi) the documentary stamps due on the Deed, (vii)
the surtax due on the Deed, (viii) the fees and expenses of
Purchaser's attorneys, and (ix) all costs incurred with any financing
of the Purchase Price or any portion thereof.
10.2.3 Other Costs. Any other costs not specifically provided for in
subsection 10.2.1, subsection 10.2.2 or otherwise pursuant to the
terms of this Agreement including escrow fees and other escrow
related charges of the Escrow Agent in its capacity as escrow agent
only, shall be paid by the party who incurred those costs, or if
neither party is charged with incurring any such costs, then by the
party customarily assessed for such costs in the place where the
Property is located.
10.2.4 Survival. The provisions of this subsection 10.2 shall survive the
Closing and the delivery of the Deed.
10.3 Purchaser's Conditions to Closing. Purchaser's obligation to purchase the
Property is expressly conditioned upon the fulfillment or satisfaction of each of the following
conditions precedent on or before the Closing Date (any of which may be waived only in writing
by Purchaser in its discretion):
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10.3.1 Seller shall have fully performed in all material respects each
undertaking and covenant and agreement to be performed by Seller
under this Agreement including, but not limited to, delivery of all
items and documents required under Section 12 below;
10.3.2 Each representation and warranty made in this Agreement by Seller
shall be complete, true and accurate in all material respects;
10.3.3 Purchaser shall have obtained from Seller "Final Approval" (which
for purposes of this Agreement shall mean that all appeal periods
have expired without the filing of an objection) of (i) a Site Plan
permitting development of a maximum of 12,000 square feet of
office space on the Property; and (ii) any necessary variances to the
City of Aventura's Code to permit development of a maximum of
12,000 square feet of office space on the Property (collectively, the
"Site Plan Approval "). No later than five (5) days after the
Termination Date of this Agreement (the "Required Applications
Filing Date "), Purchaser shall, at no cost or expense to Seller,
submit to the Seller complete applications for the Site Plan
Approval for the Property (collectively, the "Required
Applications "), and thereafter diligently, expeditiously and in good
faith prosecute the Required Applications, including the submittal
of any documentation necessary and required by Seller in
connection with processing and approval of such application. In
the event that Purchaser has not obtained the Site Plan Approval
within ninety (90) days of the Effective Date of this Agreement
(the "Approval Period'), either party shall have the right to
terminate this Agreement, whereupon the Earnest Money shall be
returned to Purchaser by the Escrow Agent and thereafter neither
party shall have any further rights, obligations or liabilities
hereunder except to the extent that any right, obligation or liability
set forth herein expressly survives termination of this Agreement.
Seller shall have the right to elect, in its sole discretion, upon
written notice given by Purchaser to Seller prior to the expiration
of the Approval Period to extend the Approval Period by an
additional thirty (30) days, provided such notice is accompanied by
evidence reasonably demonstrating that Purchaser has timely
submitted its application by the Required Applications Fling Date
and has diligently, expeditiously and in good faith prosecuted the
Required Applications. Seller agrees to process the Required
Applications in accordance with applicable laws and requirements
as set forth in its Code. Purchaser shall reimburse or pay Seller for
all costs incurred by Seller in connection with any required
variance applications as set forth in (ii) of this subsection, and said
costs shall be reimbursed or payable to Seller no later than the
Closing Date. Seller and Purchaser agree that the Site Plan
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Approval is a condition precedent to the Closing of the sale and
purchase of the Property.
10.3.4 Right of -Way Dedication of Access Parcel by Seller.
Simultaneously at the time of Closing, and provided that all
Closing Contingencies have been satisfied, including the Site Plan
Approval, Seller shall dedicate the Access Parcel as public right -
of -way for the purpose of providing access and ingress and egress
to and from the Property and Biscayne Boulevard.
(a) Purchaser's Obligation to Construct and Maintain Access
Improvements on Access Parcel. Purchaser shall, at its sole cost
and expense, install and construct the Access Improvements on the
Access Parcel in accordance with the sketch attached hereto and
made a part hereof as Exhibit "C ", and shall obtain all required
permits and approvals for such installation and construction of the
Access Improvements from the Florida Department of
Transportation ( "FDOT ") and Miami -Dade County, Florida, with
all final plans for the access locations and Access Improvements
to be approved by Seller. Any changes or modifications to Exhibit
"C attached hereto shall require the prior approval of FDOT,
Miami -Dade County and Seller. The Access Improvements shall
be a condition of Site Plan Approval and shall be completed by
Purchaser prior to the issuance of a Certificate of Occupancy for
the Property. Upon completion of the Access Improvements,
Purchaser shall convey and /or dedicate the Access Improvements
on the Access Parcel to Seller as public right -of -way
improvements. Purchaser shall, at its sole cost and expense,
maintain the Access Improvements in good conditions and repair
and in accordance with all applicable laws, requirements and
standards of FDOT, Miami -Dade County, Florida and Seller, until
such time as the westerly extension of N.E. 213 Street is
constructed and completed. The obligations of Purchaser in this
subsection shall survive the Closing and the expiration or
termination of this Agreement.
(b) Purchaser shall, at its sole costs and expense, obtain all
required permits and approvals from FDOT and Miami -Dade
County, Florida for the installation and construction of the Access
Improvements, including a new mast arm at the easterly limit of
the N.E. 213 Street and Biscayne Boulevard intersection, as shown
on the sketch attached hereto as Exhibit "C ", and all required or
necessary signalization and other improvements or facilities as may
be required by FDOT or Miami -Dade County, Florida for the
efficient and proper functionality of the intersection. The
K:\Docs \0328 \001\354695503.DOC 12
obligations of Purchaser in this subsection shall survive the
Closing and expiration or termination of this Agreement.
(c) Seller intends at a future date to construct or have constructed
a westerly extension to N.E. 213 Street, which extension will
provide access to the Property. Upon the construction of the
westerly extension of N.E. 213 Street providing access to and from
the Property, the access and ingress and egress from the Property to
and from N.E. 213 Street shall be limited to right -in and right -out
only. The obligations of Purchaser in this subsection, including all
restrictions as to access and ingress and egress from N.E. 213
Street, shall survive the Closing and expiration or termination of
this Agreement.
(d) In the event that the real property to the north and adjacent to
the Access Parcel is developed, and the owner and/or developer of
such parcel desires to connect and use the Access Parcel
Improvements, Seller will recover from such owner and/or
developer one half (1/2) of the costs of Purchaser's Access Parcel
Improvements consisting of the mast arm installation at the limit of
the intersection of N.E. 213 Street and Biscayne Boulevard and all
required or necessary signalization and other improvements or
facilities as required by FDOT and Miami -Dade County. Seller
shall pay all recovered costs for such Access Parcel Improvements
to Purchaser.
If any of the foregoing conditions are not satisfied at or before
the Closing Date, then Purchaser, as its sole remedy may either (1)
terminate this Agreement by written notice to Seller, in which
event the Earnest Money shall be returned to Purchaser and the
parties shall be released from all obligations and liabilities under
this Agreement except those that expressly survive termination of
this Agreement or (2) elect to close and accept the Property and
title thereto "as is" without claim against the Seller therefor and
without reduction to the Purchase Price. If the Purchaser does not
timely deliver to Seller such notice of termination by the Closing
Date, then Purchaser shall be deemed to have elected to proceed
pursuant to subsection (2) of the preceding sentence. If the failure
of any of the foregoing would constitute a default hereunder,
Purchaser shall have the rights and remedies provided in Section
16.
10.4 Seller's Conditions to Closing. Seller's obligation to sell the Property is
expressly conditioned upon the fulfillment or satisfaction of each of the following conditions
KADocs\0328\00 1\3 54695503.DOC 13
precedent on or before the Closing Date (any of which may be waived only in writing by Seller in
its discretion):
10.4.1 Purchaser shall have fully performed in all material respects each
undertaking and covenant and agreement to be performed by
Purchaser under this Agreement;
10.4.2 Each representation and warranty made in this Agreement by
Purchaser shall be complete, true and accurate in all material
respects;
If the failure of any of the foregoing conditions are not satisfied at or before the Closing
Date, then in addition to any remedy available to Seller under this Agreement, Seller may
terminate this Agreement by written notice to Purchaser, in which event the Earnest Money shall
be delivered to Seller as agreed as liquidated damages and the parties shall be released from all
obligations and liabilities under this Agreement except those that expressly survive termination
of this Agreement; provided, however, that if any of the foregoing would constitute a default
hereunder, Seller shall have the rights and remedies provided in Section 16.
SECTION 11. PRORATIONS AND CREDITS AT CLOSING. All prorations to be
made "as of the Closing Date" shall each be made as of 11:59 p.m. local time on the date
immediately preceding the Closing Date. In each proration set forth below, the portion thereof
allocable to periods beginning with the Closing Date shall be credited to Purchaser, or charged to
Purchaser, as applicable, at Closing or, in the case of allocations made after Closing, upon receipt
of such payments or invoice as of the Closing Date. Except as may otherwise be specified
herein, the following items shall, as applicable, be prorated between Purchaser and Seller or
credited to Purchaser or Seller:
11.1 Property Taxes and Assessments.
11.1.1 Taxes. The Property is currently exempt from real estate taxes.
Purchaser shall be responsible for all real estate taxes forward from
the Closing Date.
11.1.2 Special Assessments. Certified, confirmed and ratified special
assessment liens as of Date of Closing (and not as of the date of
this Agreement) shall be paid by Seller or Purchaser shall receive a
credit therefor. Pending liens as of Date of Closing shall be
assumed by Purchaser; provided, however, that where the
improvement for which the special assessment was levied, had
been substantially completed as of the date of this Agreement, such
pending liens shall be considered as certified, confirmed or ratified
and Seller shall, at Closing, be charged an amount equal to the
estimated assessment for the improvement.
KADocs \0328 \001\354695503.DOC 14
11.2 Other Matters. Seller and Purchaser shall make such other adjustments and
apportionments as are expressly set forth in this Agreement.
11.3 Survival. The provisions of this Section 11 shall survive the Closing and the
delivery of the Deed. In the event final figures have not been reached on any of the adjustments,
prorations or costs which are to be adjusted at or prior to Closing pursuant to this Section 11, the
parties shall close using adjustments and prorations reasonably estimated by Seller and
Purchaser, subject to later readjustment when such final figures have been obtained.
SECTION 12. CONVEYANCES AND DELIVERIES AT CLOSING.
12.1 Deed. At Closing, Seller shall convey the Property to Purchaser by a duly
executed and recordable special warranty deed (herein referred to as "Deed ") in substantially the
form attached hereto as Exhibit "D ".
12.2 Section 1445 Certificate. At Closing, Seller shall execute and deliver to
Purchaser and the Title Company a certificate stating that Seller is not a "foreign person" as
defined in Section 1445 of the Internal Revenue Code and the regulations thereunder.
12.3 Form 1099. At Closing, Seller shall execute and deliver to Purchaser and the
Title Company such federal income tax reports respecting the sale of the Property as required by
the Internal Revenue Code and such other information required by the Title Company to
complete IRS Form 1099 with respect to this transaction.
12.4 Affidavit of Title. At Closing, Seller shall execute and deliver to Purchaser and
to the Title Company a no -lien, possession and gap title affidavit in the form attached hereto as
Exhibit "E ".
12.5 Closing Statement. At Closing, Seller and Purchaser shall execute and deliver a
Closing Statement which shall, among other items, set forth the Purchase Price, all credits
against the Purchase Price, the amounts of all prorations and other adjustments to the Purchase
Price and all disbursements made at Closing on behalf of Purchaser and Seller in accordance with
the terms of this Agreement.
12.6 Physical Possession. At Closing, Seller shall deliver to Purchaser possession of
the Property.
12.7 Other Documents. At Closing, Seller and Purchaser shall deliver to each other
any other documents expressly required to be delivered or furnished pursuant to any other
provisions of this Agreement or reasonably required to carry out the purpose and intent of this
Agreement.
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SECTION 13. NOTICES. All notices, consent, approvals and other communications
which may be or are required to be given by either Seller or Purchaser under this Agreement shall
be properly given only if made in writing and sent by (i) hand delivery, or (ii) certified or
registered mail, postage prepaid, return receipt requested, with all delivery charges paid by the
sender and addressed to the Purchaser or Seller and their attorneys, as applicable, as set forth in
Section 1. Such notices shall be deemed received, (1) if delivered by hand, on the date of delivery
and (2) if sent by certified or registered mail, the date it is received as evidenced by signature on
the return receipt. The refusal to accept delivery shall constitute acceptance and, in such event,
the date of delivery shall be the date on which delivery was refused. Any change of address must
be made by written notice to the other party and such change shall be effective five (5) days
following receipt of such written notice by the other party. In the event that written notice,
demand or request is made as provided herein, then in the event that such notice is returned to the
sender by the U.S. Postal System because of insufficient address, or the party moved or otherwise
(but not refusal of acceptance), such notices shall be deemed to have been received by the party
to whom it was addressed on the date that such was initially placed in the U.S. Postal System by
the sender.
SECTION 14. CASUALTY AND CONDEMNATION.
14.1 Casualty. The Property shall be conveyed to Purchaser in the same condition as
on the date of this Agreement, ordinary wear and tear excepted, free of all tenancies or
occupancies.
14.2 Condemnation. At Closing, Seller shall assign to Purchaser all of Seller's right,
title and interest in and to the beds of streets, roads, alleys, avenues and highways abutting the
Property and all of Seller's right, title and interest in and to all awards in condemnation, or
damages or any kind, to which Seller is entitled at the time of Closing, by reason of any exercise
of power of eminent domain with respect thereto or for the taking of the Property or any part
thereof or by reason of any other event affecting the Property which gives rise to a damage claim
against a third Party after the date hereof. Prior to the Closing Date, if all or any portion of the
Property is taken, or if access thereto is reduced or restricted by eminent domain or otherwise (or
if such taking, reduction or restriction is pending, threatened or contemplated) (hereinafter a
"Condemnation Proceeding "), Seller shall immediately notify Purchaser of such fact. In the
event that such notice related to the taking of all or any portion of the Property, Purchaser shall
have the option, in its sole and absolute discretion, to terminate this Agreement upon written
notice to Seller given not later than five (5) days after receipt of Seller's notice; whereupon the
Earnest Money shall be refunded to Purchaser and thereafter neither Party shall have any rights,
obligations or liabilities hereunder except with respect to those rights, obligations or liabilities
which expressly survive the termination of this Agreement. If Purchaser does not elect to
terminate this Agreement as herein provided, Seller shall pay to Purchaser any award received by
Seller prior to Closing and Purchaser shall have the right to participate with Seller in any
Condemnation Proceeding affecting the Property; provided, that in doing so Purchaser shall
cooperate with Seller in good faith.
KADocs \0328 \001\354695503.DOC 16
SECTION 15. BROKERS. Seller and Purchaser warrants and represents to the other
that such party has not employed (expressly or impliedly) any broker, agent or other such Person
as to which a commission or other such fee is or would become due or owing as a result of the
purchase and sale contemplated hereby and has made no agreement (express or implied) to pay
any broker's commission or other such fees in connection with the purchase and sale
contemplated by this Agreement. Each of Seller (subject to the provisions and monetary
limitations of Section 768.28, F.S.) and Purchaser agrees to indemnify and defend the other
against, and to hold the other harmless of and from all claims, demands and liabilities (including
reasonable attorney's fees and expenses incurred in defense thereof) for any commission or fees
payable to, or claimed by, any broker, agent or other such Person arising out of the employment
or engagement of such Person employed (expressly or impliedly) by Seller of Purchaser, as
applicable, or with whom Seller or Purchaser, as applicable, has or is claimed to have, made an
agreement (express or implied) to pay a commission or other such fee. The representation,
warranties, undertakings and indemnities of this Section 15 shall survive the Closing hereunder
and any termination of this Agreement.
SECTION 16. DEFAULT; REMEDIES.
16.1 Seller's Default/Purchaser's Remedies. Notwithstanding any other remedy
provided for herein, if Seller defaults in the observance or performance of its covenants and
obligations hereunder, Purchaser may, at its option, as its sole and exclusive remedy, elect to
either (i) terminate this Agreement and receive a refund of the Earnest Money, or (ii) seek
specific performance of this Agreement, in either case waiving any action for damages resulting
from Seller's breach.
16.2 Purchaser's Default /Seller's Remedies. If Purchaser defaults in the observance
or performance of its covenants and obligations hereunder, then Seller, as its sole and exclusive
remedy, shall (as an election of remedies) receive the Earnest Money from Escrow Agent as
liquidated damages. Purchaser and Seller acknowledge the difficulty of ascertaining the actual
damages in the event of such default, that it is impossible to more precisely estimate the damages
to be suffered by Seller upon such default, that the retention of the Earnest Money by Seller is
intended not as a penalty but as full liquidated damages and that such amount constitutes a good
faith estimate of the potential damages arising therefrom. Seller's right to so terminate this
Agreement and to receive liquidated damages as aforesaid is Seller's sole and exclusive remedy.
Seller hereby waives, relinquishes and releases any and all other rights and remedies, including
but not limited to: (i) any right to sue Purchaser for damages or to prove that Seller's actual
damages exceed the amount which is hereby provided Seller as fully liquidated damages or (ii)
any other right or remedy which Seller may otherwise have against Purchaser, either at law, or
equity or otherwise.
SECTION 17. ESCROW AGENT.
17.1 Performance of Duties. Escrow Agent undertakes to perform only such duties as
are expressly set forth in this Agreement. Escrow Agent shall not be deemed to have any implied
duties or obligations under or related to this Agreement.
KADocs \0328 \001\354695503.DOC 17
17.2 Reliance. Escrow Agent may (i) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of
any statement or assertion contained in such a writing or instrument; and (iii) assume that any
person purporting to give any writing, notice, advice or instructions in connection with the
provisions of this Agreement has been duly authorized to do so. Escrow Agent shall not be liable
in any manner for the sufficiency or corrections as to form, manner of execution, or validity of
any instrument deposited in escrow, nor as to the identity, authority, or right of any person
executing any instrument; Escrow Agent's duties under this Agreement are and shall be limited to
those duties specifically provided in this Agreement.
17.3 Right to Interplead. If the parties (including Escrow Agent) shall be in
disagreement about the interpretation of this Agreement, or about their respective rights and
obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent
may, but shall not be required to, file an action in interpleader to resolve the disagreement; upon
filing such action, Escrow Agent shall be released from all obligations under this Agreement.
17.4 Attorney's Fees and Costs. In any suit between Purchaser and Seller wherein
Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit
wherein Escrow Agent interpleads the subject matter of the Escrow, Escrow Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs to be paid from and out of
the escrowed funds or equivalent and charged and awarded as court costs in favor of the
prevailing party. The parties hereby agree that Escrow Agent shall not be liable to any party or
person for misdelivery to Purchaser or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of this Agreement or gross negligence of Escrow Agent.
17.5 Escrow Agent as Counsel for Seller. It is acknowledged that Escrow Agent is
counsel for Seller. It is agreed that Escrow Agent shall not be disabled or disqualified from
representing Seller in connection with any dispute or litigation which may arise out of or in
connection with this transaction or this Agreement as a result of Escrow Agent acting as the
escrow agent under this Agreement and the Seller and Purchaser waive any claim or right to
assert a conflict arising out of or in connection with the foregoing.
SECTION 18. MISCELLANEOUS PROVISIONS.
18.1 Entire Agreement. This Agreement, and all the Exhibits referenced herein and
annexed hereto, contain the final, complete and entire agreement of the parties hereto with
respect to the matters contained herein, and no prior agreement or understanding pertaining to
any of the matters connected with this transaction shall be effective for any purpose. Except as
may be otherwise expressly provided herein, the agreements embodied herein may not be
amended except by an agreement in writing signed by the parties hereto.
18.2 Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be in
Miami -Dade County, Florida.
K:\Docs \0328 \001\354695503.DOC 18
18.3 Interpretation. The titles, captions and paragraph headings are inserted for
convenience only and are in no way intended to interpret, define, limit or expand the scope or
content of this Agreement or any provision hereto. If any party to this Agreement is made up of
more than one Person, then all such Persons shall be included jointly and severally, even though
the defined term for such party is used in the singular in this Agreement. This Agreement shall
be construed without regard to any presumption or other rule requiring construction against the
party causing this Agreement to be drafted. If any words or phrases in this Agreement shall have
been stricken out or otherwise eliminated, whether or not any other words of phrases have been
added, this Agreement shall be construed as if the words or phrases so stricken out or otherwise
eliminated were never included in this Agreement and no implication or inference shall be drawn
from the fact that said words or phrases were so stricken out or otherwise eliminated.
18.4 Counterparts. This Agreement may be executed in separate counterparts. It
shall be fully executed when each party whose signature is required has signed at least one
counterpart even though no one counterpart contains the signatures of all of the parties of this
Agreement. Facsimile copies shall be deemed originals.
18.5 Non - waiver. No waiver by Seller or Purchaser of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing to Seller or Purchaser upon any breach
under this Agreement shall impair such right to remedy or be construed as a waiver of any such
breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of
any term, covenant or condition herein stated shall not be deemed to be a waiver of any other
breach, or of a subsequent breach of the same or any other term, covenant or condition herein
contained.
18.6 Severability. This Agreement is intended to be performed in accordance with
and only to the extent permitted by applicable law. If any provisions of this Agreement or the
application thereof to any Person or circumstance shall, for any reason and to any extent, be
invalid or unenforceable, but the extent of the invalidity or unenforceability does not destroy the
basis of the bargain between the parties as contained herein, the remainder of this Agreement and
the application of such provision to other Persons or circumstances shall not be affected thereby,
but rather shall be enforced to the greatest extent permitted by law.
18.7 Exhibits. The Exhibits referred in and attached to this Agreement are
incorporated herein in full by this reference.
18.8 Attorneys' Fees. In the event of any controversy, claim or dispute between the
parties arising from or relating to this 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 trial and appellate levels.
K:\Docs \0328 \001\354695503.DOC 19
18.9 Business Days. If any date provided for in this Agreement shall fall on a day
which is not a Business Day, the date provided for shall be deemed to refer to the next Business
Day.
18.10. Time is of the Essence. Time is of the essence in this Agreement.
18.11 Effective Date. For purposes of calculation of all time periods within which
Seller or Purchaser must act or respond as herein described, all phrases such as "the date of this
Agreement ", "the date of execution of this Agreement" or any other like phrase referring to the
date of the Agreement, shall mean and refer to the "Effective Date" of this Agreement.
18.12 Radon Disclosure. Pursuant to the requirements of §404.056(5), Florida
Statutes, Seller makes the following disclosure to Purchaser. 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.
18.13 Waiver of Trial by Jury. SELLER AND PURCHASER HEREBY
IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION
WITH, OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY OTHER
DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED
IN CONNECTION THEREWITH.
18.14 Assignment. Purchaser may not assign, transfer or encumber this Agreement or
any of its rights hereunder without the prior written consent of Seller.
18.15 Recording. This Agreement or any memorandum thereof shall not be recorded
in the Public Records of Miami -Dade County and any such recording shall constitute a material
default by the applicable party.
18.16 Police/Regulatory Powers. Seller 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 Property, any improvements
thereon, or any operations at the Property. Nothing in this Agreement shall be deemed to create
an affirmative duty of Seller 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 zoning and land use codes, administrative codes, ordinances, rules and regulations, federal
laws and regulations, state laws and regulations, and grant agreements. In addition, nothing
herein shall be considered zoning by contract.
KADocs \0328 \001\354695503.DOC 20
18.17 No Third Party Beneficiaries. Neither the Purchaser nor Seller intends to
directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against any of the parties based upon this Agreement. The parties expressly
acknowledge and agree that it is not their intent to create any rights or obligations in any third
party or entity under this Agreement.
18.18 Compliance with Laws. Each party shall comply with all applicable federal,
state, and local laws, codes, ordinances, rules and regulations in performing its duties,
responsibilities and obligations pursuant to this Agreement.
18.19 Recitals. The Recitals set forth at the commencement of this Agreement are true
and correct and incorporated herein in full by this reference.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
KADocs \0328 \001\354695503.D0C 21
IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be
executed as of the day and year written below their signatures.
SELLER:
CITY OF AVENTURA,
a Florida municipal corporation
By:
Eric M. Soroka, City Manager
Dated: , 2013
Attest:
By:
City Clerk
Approved as to legal form and
Sufficiency:
City Attorney
KADocs \0328 \001\354695503.DOC 22
IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be
executed as of the day and year written below their signatures.
KADocs \0328\001 \3546955.DOC 23
PURCHASER:
PRESIDENTIAL AVENN�T,I
PROPERTIES, LLC, a o da Limited
Gordon,
Dated: A' 2013
ESCROW AGENT:
The Escrow Agent hereby joins in this Agreement for purposes of agreeing to the
provisions of Sections 3 and 17 hereof.
WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L.
By:
Name:
Title:
Dated:
2013
KADocs \0328 \001\354695503.DOC 24
EXHIBIT "A"
THE PROPERTY
Certain real property located in Miami -Dade County as more particularly described as follows:
DESCRIPTION: CRY PARCEL
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B ", PAGE 13, OF THE PUBLIC RECORDS OF MIAMI -OADE COUNTY, FLORIDA,
AND A PORTION OF THE RESERVED AREA OF HALLANDALE PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12. PAGE 37, OF THE PUBLIC
RECORDS OF MIAMI -DAOE COUNTY. FLORIDA. DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF BISCAYNE BOULEVARD;
THENCE SOUTH 419•5944" WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND
THE SOUTH LINE OF SAID HALLANDALE PARK, A DISTANCE OF 156.02 FEET TO THE
EAST LINE EXTENDED SOUTH OF BLOCK 40 OF SAID HALLANDALE PARK; THENCE
NORTH 00.06'20" WEST, ALONG THE SAID EAST LINE EXTENDED. A DISTANCE OF 32.06
FEET; THENCE NORTH 88.5373" EAST, A DISTANCE OF 31.86 FEET; THENCE NORTH
00.4940• WEST, A DISTANCE OF 103.26 FEET; THENCE SOUTH 76.08'30° EAST, A
DISTANCE OF 33.54 FEET; THENCE SOUTH 68'0910" EAST, A DISTANCE OF 104.55
FEET; THENCE SOUTH 23.20'50 EAST, A DISTANCE OF 42.32 FEET TO THE WEST RIGHT
OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 67.4t'37• WEST
FROM THE LAST DESCRIBED PONT, THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 3704.63 FEET, A
CENTRAL. ANGLE OF 00'81'11 ", FOR AN ARC DISTANCE OF 56.35 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA. MIAMI•DAOE COUNTY, FLORIDA.
CONTAINING 16400 SOUARE FEET OR 0.379 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
69.50'44" WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, INC. DATED 03- 18.98, UNDER JOB NUMBER 2112,
AS PROVIDED BY CLIENT.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 6/0174 (FLORIDA ADMINISTRATIVE COOED, AS ADOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BCARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 19111, AS At1ENDED,
PURSUANT TO CHAPTER 472027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON 6 ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
r��:E.:..��N7 A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 688
STATE OF FLORIDA
Not WIW WIIho1A the s19rWuM and ttm ort9Nml raised qal oI a rhwwa Noansed surveyor
and mapper.
SHEET 1 OF 2 SHEETS
N:ICNHe�Nt1aa134a1'9f 01NLLEGAUaaD 113 ST CRY PA110ELAOINI doe
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KADocs \0328 \001\354695503.D0C 25
CRAVE. -THOMPSON 8, A� )OCIATES, INC.
C ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739 -6400
OAK: (954) 739 -6409
IMS IS y2 A SK(TCH Or SMVEV, wt a•, • e'wAtt tt►Ntlan
roR: CITY OF AVENTURA a IM aenvh0n Me.n n«ean iti «e Aes can N A «e .at, Ae.:p
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SKETCH TO A CYOPAANY DESCRIPTION
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EXHIBIT `B"
ACCESS PARCEL
DESCRIPTION: RIGHT OF WAY DEDICATION
A PORTION OF LOT 1, BLOCK 3, SECTION 24, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORWNG TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B ", PAGE 13, OF THE PUBLIC RECORDS OF MIAMI•DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC
OF A CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH
00'50'22^ WEST FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY,
ALONG SAID ROM OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3764.03 FEET, A CENTRAL ANGLE OF 00'51'11 ", FOR AN ARC DISTANCE OF 50.3E FEET
TO THE POINT OF BEGINNING;* ING; THENCE NORTH 23120'SO' WEST, A DISTANCE OF 42.32
FEET; THENCE NORTH 49'49'10' WEST, A DISTANCE OF 100.55 FEET TO THE EAST
LINE OF RESERVED AREA. HALL64DALE PARK, PLAT BOOK 12, PAGE 37, MIAMI DADE
COUNTY RECORDS; THENCE NORTH 01.19'40' WEST, ALONG SAID EAST LINE, A
DISTANCE OF 34A2 FEET; THENCE NORTH 49'50'15' EAST, A DISTANCE OF 138.59 FEET
TO SAID WEST RIGHT Of WAY OF BISCAYNE BOULEVARD, SAID PONT BEING ON THE
ARC OF A CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH
49'29138' WEST FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY,
ALONG SAKI RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3764.03 PERT, A CENTRAL ANGLE OF 01'4905', FOR AN ARC DISTANCE OF 119.0 FEET
TO THE POINT OF BEGINNING,
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI'DADE COUNTY, FLORDA.
CONTAINING 9145 SQUARE FEET OR 0.210 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMSD
SEARING. THE SOUTH BOUNDARY OF SAID LOT i IS ASSUMED TO BEAR SOUTH
89'50'44" WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, INC. DATED 03.1&98, UNDER JOB HUMBER 2112,
AS PROVIDED BY CLIENT,
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61017.8 (FLORIDA ADMINISTRATIVE CODE). AS ADOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 19111, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON A ASSOCIATES, tNC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 63U
STATE OF FLORIDA
NW vale whhwA the Nyroprs and the orylnal ratad saN of • FWWo itcsrrssd surveyor
and mapper.
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K:\Docs \0328 \001\354695503.DOC 27
CCR " "EN •THOMPSON & AS`' '.IATES, INC.
T EN�1riEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739 -6400
FAX: (954) 739 -6409
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JOB NO.: 01 -0103 ORANN BY: BAS CHECKED BY: MM F.B.N /A PC, NIA DATED: 06/06/07
KADocs \0328 \001\354695503.DOC 28
EXHIBIT "C"
SKETCH OF ACCESS PARCEL IMPROVEMENTS
K:\Docs \0328 \001\354695503.DOC 29
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This instrument prepared by:
Record and return to:
Lillian M. Arando, Esq.
Weiss Scrota Hellman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Tax Folio Numbers:
EXHIBIT "D"
FORM OF SPECIAL WARRANTY DEED
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this day of
, 2013, by CITY OF AVENTURA, a Florida municipal corporation (the
"Grantor "), whose mailing address is 19200 West Country Club Drive, Aventura, Florida 33180
to PRESIDENTIAL AVENTURA PROPERTIES, LLC, a Florida Limited liability
Company (the "Grantee "), whose mailing address is
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real
property (the "Property") located in Miami -Dade County, Florida, and more particularly
described as:
SEE EXHIBIT "A "ATTACHED HERETO.
SUBJECT TO:
1. All restrictions, reservations, easements, covenants, agreements, limitations and
other matters appearing of record, provided the foregoing shall not act to reimpose
same;
2. The lien of all ad valorem real estate taxes and assessments subsequent to the date
hereof and subsequent years;
3. All laws, ordinances, and governmental regulations, including, but not limited to,
all applicable building, zoning, land use and environmental ordinances and
regulations; and
4. All matters which would be disclosed by an accurate survey of the Property.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
K:\Docs \0328 \001\354695503.DOC 30
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby specially warrant the title to the Property and will defend
the same against the lawful claims of all persons claiming by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed as of the day and year first written above.
Witnesses:
Print Name:
Print Name:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI -DADE )
GRANTOR:
CITY OF AVENTURA, a Florida municipal
corporation
By:_
Name:
Title:
The foregoing instrument was acknowledged before me this — day of 92013,
by , as , of the City of Aventura, a Florida
municipal corporation, on behalf of the corporation, who (check one) [ ] is personally known to
me or [ ] has produced a driver's license as identification.
[SEAL]
Notary Public
Print Name:
Commission Expires:
KADocs \0328 \001\354695503.D0C 31
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH OF PROPERTY
K:\Docs \0328 \001\354695503.DOC 32
EXHIBIT "E"
FORM OF SELLER'S AFFIDAVIT OF TITLE
SELLER'S NO -LIEN POSSESSION AND GAP AFFIDAVIT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI -DADE )
BEFORE ME, the undersigned authority, personally appeared _
(the "Affiant "), who being first duly sworn upon oath, deposes and says:
1. That the Affiant is the
municipal corporation (the "Corporation ")
of CITY OF AVENTURA, a Florida
2. That the Corporation is the owner of fee simple title to the real property located in
Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof ( "Property").
3. That there are no mechanic's liens under Chapter 713 of the Florida Statutes filed
against the Property or any portion thereof; that there have been no repairs, improvements or other
work done to or labor, materials or services bestowed upon the Property or any portion thereof for
which any or all of the cost of the same remains unpaid; and that no person, firm or corporation is
entitled to a mechanic's lien against the Property or any portion thereof under Chapter 713 of the
Florida Statutes.
4. The Corporation is in exclusive possession of the Property and no person, firm or
corporation has any interest or claim of possession with respect to the Property or any portion
thereof which is not a matter of record in the Public Records of Miami -Dade County, Florida.
5. That there are no unsatisfied judgments or any federal, state or county tax
deficiencies, which are a lien against the Property or any portion thereof.
6. That the Property is free and clear of all mortgages, liens, taxes, assessments, fees,
and encumbrances whatsoever, except for: (a) real estate taxes and assessments subsequent to the
date hereof and subsequent years; and (b) those matters appearing as exceptions to title in the title
commitment issued on by
with an effective date of at
(collectively, the "Title Company ").
7. That there are no actions or proceedings now pending in any state or federal court to
which the Corporation is a party which would affect the title to the Property or any portion thereof.
KADocs\0328\00 1 \3 54695 503.DOC 33
8. That to best of Affiant's knowledge, there are no unrecorded easements or claims of
easements affecting the Property or any portion thereof.
9. That the Corporation has never been adjudicated bankrupt or incompetent, nor does
the Corporation have any judgments, tax liens or liens of any nature whatsoever filed against it
affecting the Property.
10. That there are no matters pending against the Corporation that could give rise to a
lien that would attach to the Property or any portion thereof between at
and the recording of the Special Warranty Deed from the Corporation to the
Presidential Aventura Properties, LLC, a Florida limited liability company ( "Grantee "), and that
the Corporation has not and will not execute any instrument that would adversely affect the title to
or transfer of the Property or any portion thereof from the Corporation to the Grantee.
FURTHER AFFIANT SAYETH NAUGHT.
Witnesses:
Print Name:
Print Name:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
SELLER:
CITY OF AVENTURA, a Florida municipal
corporation
By:_
Name:
Title:
KADocs \0328 \001\354695503.DOC 34
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this day of
3 2013, by ,as ,of
the City of Aventura, a Florida municipal corporation, on behalf of the corporation, who (check
one) [ ] is personally known to me or [ ] has produced a driver's license as
identification.
My Commission Expires:
Notary Public
Print Name:
KADocs \0328 \001\354695503.D0C 35
EXHIBIT "A"
PROPERTY
K:\Docs \0328 \001\354695503.DOC 36
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Dailv Business
Review f /k /a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 3/5/2013
RE: AVENTURA FASHION ISLAND LP 03- VAR -13
in the XXXX Court,
was published in said newspaper in the issues of
02/20/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing is adverti for publication in the said
newspap .
Sworn to and subscribed before me this
2?AL)
of FEBRUARY A.D. 2013
(
O.V. FERBEYRE personally known to me
B. THOMAS
*: = Commission # DD 937532
a. Expires November 2, 2013
'''�„ ., °,:•�• Bonded Thru Troy fain Insurance 8003{S7U19
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CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, March 5, 2013
6:00 p.m.
Applicant Name /Number: Aventura Fashion Island LP
03- VAR -13
Applicant Request: Variance from Section 31 -145 (b)(5) h. of the City
Code to allow common open space of 29.35 %, where a minimum 35
common open space is required by Code for the TC1 (Town Center)
District; and variance from Section 31- 171(a)(6)a. of the City Code to
allow an existing 8.4 foot and an existing 8.5 foot wide parking stall, where
a minimum parking stall width of 9 feet is required by Code; and variance
from Section 31- 171(a)(7) of the City Code to allow an existing 4 foot and
5 foot setback to parking pavement, where a minimum 10 foot setback is
required by Code; and variance of Section 31- 221(i)(3) a.i. of the City
Code to allow an existing 5 foot wide and an existing 6 foot wide terminal
island, where a minimum terminal island width of 7 feet is required by
Code; and variance from Section 31- 221(i)(3)a.2. of the City Code to
allow parking rows with more than nine contiguous parking spaces
without a landscaped island, where a minimum of one 7 foot wide
landscaped island for every nine parking spaces is required by Code; and
variance from Section 31- 221(i)(3)a.2 of the City Code to allow an existing
0 foot wide, an existing 3.9 foot wide and an existing 4.8 foot wide divider
median, where a minimum 7 foot wide divider median is required by Code.
Location of Subject Property: Town Center Aventura
2711 NE 187 Street,-City of Aventura
Legal Description: a portion of Tracts A & B, Regina Square
Subdivision, according to the Plat thereof a'
recorded in Plat Book 113, at Page 27 of the Public
Records of Miami -Dade County, City of Aventura
(complete legal description is on file and available
at the Community Development Department, City
of Aventura Government Center at the address
below)
Plans are on file and may be examined during regular business hours at
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City of
Aventura Government Center at the address above. Your comments may
be made in person at the hearing or filed in writing prior to the hearing
date. Refer to applicantiproperty on correspondence and mail same to
City of Aventura Government Center, Community Development
Department at the address above. For further information, please call
(305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact the
Office of the City Clerk, (305) 466 -8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that person
will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be
based.
Teresa M. Soroka, MMC, City Clerk
2 /P0 13- 3- 243/2035708M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k /a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 3/5/2013
RE: PUBLIC STORAGE 01 -CU -13 & 02- VAR -13
in the XXXX Court,
was published in said newspaper in the issues of
02/20/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securinclthis advert' for publication in the said
newspa r. /�
Sworn to and subscribed before me this
20 d of FEBRUAR A.D. 2013
(SEAL)
O.V. FERBEYRE personally known to me
B. THOMAS
Commission # DD 93 0313
Expires November 23157Ut9
sonded Thru Troy
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CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, March 5, 2013
6:00 p.m.
Applicant Name /Number: Public Storage
01-CU-13&02-VAR-13
Applicant Request: Conditional Use approval pursuant Section
31- 144(f)(2)j. of the City's Land Development Regulations to permit a
self - service storage facility in the MO (Medical Office) District; and
Variance from Section 31- 144(f)(4)d.3. of the City's Land Development
Regulations to permit 29.7% open space, where a minimum of 33% open
space is required by Code; and Variance from Section 31- 144(f)(4)c. of
the City's Land Development Regulations to permit a 20 foot wide rear
yard setback, where a minimum 25 foot wide rear yard setback is required
by Code
Location of Subject Property: Public Storage facility
21288 Biscayne Boulevard,
City of Aventura
Legal Description: a portion of the SW 1/4 of the NE 1/4 of the NW 1/4 and
SE 1/4 of the NE 1/4 of the NW 1/4 of Section 34,
Township 51 South, Range 42 East, Dade County,
Florida and part of Lots 3 and 4, Block 3 of
Hallandale, according to the plat thereof recorded in
Plat Book "B ", at Page 13 of the Public Records of
Dade County, Florida, City of Aventura (complete
legal description is on file and available at the
Community Development Department, City of
Aventura Government Center at the address below)
Plans are on file and may be examined during regular business hours at
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City of
Aventura Government Center at the address above. Your comments may
be made in person at the hearing or filed in writing prior to the hearing
date. Refer to applicant/property on correspondence and mail same to
City of Aventura Government Center, Community Development
Department at the address above. For further information, please call
(305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact the
Office of the City Clerk, (305) 466 -8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that person
will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be
based.
Teresa M. Soroka, MMC, City Clerk
2120 13- 3- 242/2035707M